HomeMy WebLinkAboutORD 1996-160 1994-1996 • •
COUNTY OF HAWAII STATE OF HA VAII
BILL NO. 250
96 160 Draft 9 (Ramseyer)
ORDINANCE NQ.
(RATIFIED)
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
9 ,
ZONING
Article 1. General Provisions. •
[Division 1. Generally.]
Section [25 -1.] 25 -1 -1. Title. [Phis chapter may be cited] The provisions of this chapter. inclusive
of any amendments. shall be known as the Zoning Code.
Section 125-2.125-1-2. 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] County, 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
etween this ha 'nd other , arts of the Code exist th•s cha ter :hal ,revail.
Section 125-3.125-1-3. 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.
RATIFIED: APRIL 6, 1999
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Section 25 - - 4. Adoption of rules. The director and the commission may. as appropriate. each
adopt rules. in accordanc with chapter 91. Hawail Revised Statutes. for the impose of implement the
provisions of this chapter,
Section 125 - 41 25 - 1 - 5. Definitions.
(a) Building construction and development terms that are not defined in this chapter shall be given
their respective definitions as found in the Building Code (chapter 5).
(b) [As used in this chapter the] The following words and phrases, unless the context otherwise
' requires, are defined as follows:
(1) "Accessory building" means a building. no more than twen y feet in height. detached
from and subordinate to a main building or main use on the same building site and used for thepyrposes
customarily incidental to those of the main building or use.
(2) "Accessory use" means a use which is customarily associated with and subordinate to
the main or principal use and which is located on the same building site as the main orprincipal use.
(3) "Adult day care home" means a private residence. approved by the state. providing
supportive and protective care. without overnight accommodations. to a limited number of adult disabled
or ayed re on • Th- term hall not include da care centers for elderl disabled and a_ed rerson as
defined by chapter 346. part IV, Hawaii Revised Statutes. as amended.
(4) "Agricultural products processing. major" means activities involving a variety of
operations on crops or livestock which may generate dust, noise. odors, pollutants or visual impacts that
could adversely affect adjacent properties. These uses include. but are not limited to. slaughterhouses,
mills. refineries. canneries and milk processing plants,
(5) "Agricultural products processing. minor" means activities used for crop production,
which are not regulated as major agricultural products processing and which involve a variety of operations
on crops after harvest to prepare them for market. or further processing and packaging at a distance from
the agricultural area. Included activities are cleaning, milling. pulping. drying. roasting. hulling. storing,
ap ckin f honey processin g. poi- making selling an o similar activities. Also included are the facilities
or buildings related to such activities. -
[(1)] (.6.) "Alley" means a narrow street through a block primarily for access by service
vehicles to the back or side of properties fronting on another street.
(7) "Amusement and recreation facility. indoor" means an establishment providing indoor
amusement or recreation. Typical uses include: martial arts studios: billiard and pool halls: electronic and
coin - operated game rooms: bowling alleys: skating rinks: health and fitness establishments: indoor tennis,
handball and racquetball courts: auditoriums: theaters: and indoor archery and shooting ranges. •
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(8) "Amusement and recreation facility. major outdoor" mcans a pennanent facility
providing outdoor amusement and entertairimen inclu ding theme and other types of amusement ap rks.
stadiums. skateboard parks. go -cart and automobile race tracks. miniature golf and drive -in theaters.
[(2)] (9) "Apartment house" [is included within the term multiple] means a multiple -
family dwelling.
(10) "Aquaculture" means the production of aquatic plant or animal life for food or fiber
within ponds and other bodies of water.
(I 11 "Authorized personnel" means a police officer or a person or persons authorized in
writing by the director,
(12) "Automobile service station" means a retail establishment which primarily provides
gasoline. automobile accessories and service. but not including tire recapping or regrooving. body work,
straightening of frames or body parts. steam cleaning. painting. welding. or storage of automobiles. except
for storage of vehicles for short periods pending repair or servicing on the site and pick -up by the owner.
[(3)(A)] (1 1) "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
Tess 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 uscd 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
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any RD, RS, RA, A, IA and U districts shall not have more than two guest
bedrooms.
(iv) The Inaxiinum 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
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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)] IL4) "Beginning of construction" means placing of construction materials in their
permanent position, fastened in a permanent manner.
[(5) (A)] (15) "Building" [includes] means any structure [.] used or intended for
supporting or sheltering anv use or occupancy.
[(B) "Accessory building" means a building detachcd 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)] (16) "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 flat
roof. or to the deck line of a mansard roof. or to the average height of the highest gable of a pitched or
i - r r ed roof. The ref- rence dat m slit II be selected b either of the f•Ilowin_ whichever i-Ids a _re. -
height of building
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(Al The elevation of the highest adjoining sidewalk or ground surface within a
five -foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is
not more than te n feet above lowest gr ade.
• (B) An elevation ten feet higher than the lowest grade when the sidewalk or
ground surface described in (Al above is more than ten feet above lowest grade,
The height of a stepped or terraced buildin is the m aximum height am segment of the
building.
[(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)] (181 "Building site" means a parcel of land which[: (A) Is] is 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)] (19) "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).)]
(201 "Business service" means an establishment which primarily provides goods and
services to other business. including but not limited to minor job printing. duplicating. binding and
photographic processing. office security. maintenance and custodial services, and office equipment and
machinery sales. rentals and re
[(10)] (211 "Care home" [or "family care home "] mcans a facility which is [licensed by
the State] approved by the state pursuant to cha ter 346. part IV or part Viii. Hawaii Revised Statutes. as
amended to provide living accommodations and general or rehabilitative care in homes with not more than
one kitchen, to accommodate [up to six persons, whether or not such persons are related. The maximum
six persons permitted shall be in addition to the family or staff operating the home.] unrelated children or
elderly. handicapped. or disabled adults. The term includes [child care, babysitting and care incident to old
age or disability.] adult reside care homes. ro p child care homes and other facilities for children.
el derly. handicapped. dcvclo o m entallvdisgble d and totally disabled.
(221 "Catering establishment" mcans an establishment primarily involved in the
preparation and transfer of finished food products for immediate consumption upon delivery to off -
premises destinations including. but not limited to. hotels. restaurants. airlines and social events.
[(11)] (23) "City of Hilo" means all of that portion of the district of South Hilo, County of
Hawaii, which is bounded on the south side by the district of Puna; bounded on the west side by the
districts of Kau and North Hilo; on the north by the [Ahupuaa] ahuvuaa of Paukaa in the district of South
Hilo and on the east by the sea.
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[(12) "Commercial amusement establishment" means any place where entertainment or
amusement is provided where the public, on a commercial basis, may observe or join in the activities. (See
section 25- 192(21).)]
[(13)] (24) "Commercial excavation" means any excavation or removal of natural
materials for profit which is not related to or not occasioned by an impending development of the site of
such excavation.
(25) "Commercial narking lot and garage" means any building or parking area designed or
used for temporary parking of automotive vehicles. which is not accessory to another use on the same
building site and within which no vehicles are repaired.
(26) "Commission" means the planning commission.
(27) "Community building" means a public or privately -owned building for civic. social,
educational cultural and recreatio activities which is not operated for financial *
[(14) "Condominium" means a system of separate ownership of individual residential
units in a multiple residential building.]
[(15)] (28) "Conforming" means in compliance with the regulations of the pertinent
zoning district.
(29) "Convenience store" means a small retail establishment intended to serve the daily or
frequent needs of the surrounding neighborhood population by offering for sale pre - packaged food
products. household items, newspapers and magazines. and freshly prepared foods.
(30) "Council" means the county council.
(31) "County environmental report" means an informational document in a form
prescribed by the director in accordance with rules adopted pursuant to charter 91 •awaii Revied
Statutes. The County environmental report shall contain a description of the physical. social. historical,
economic and nat r I re •urce conse•u-nces ofa ororosed action includin! but not limit-d to a
discussion of alternatives to the proposed action. any environmental effects which cannot be avoided
should the proposal be implemented. the relationship between local short-term uses of the environment and
the maintenance and enhancement of long -term productivity. any irreversible and irretrievable
commitments of natural resources which would be involved in the proposed action. and an analysis of the
proposed action. The term "County environmental report" does not include a state environmental impact
statement prepared in compliance with chapter 343. Hawaii Revised Statutes. Copies of the County
environmental report shall he available to the public for inspection and written comment. Public
comments on the document shall be made a part of the record of the application under consideration by the
director. and made available to the council.
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(321 "Crop production" means agricultural and horticultural uses, including. but not
limited to. production of grains. field crops. Vegetables. fruits. tree nuts. flower fields and seed production,
ornamental crops. tree and sod farms,
[(16)] (3 "Day care [facility] center" means a facility which is licensed or approved by
the [State] state. pursuant to chapter 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 tern 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,
(34) "Data processing facility" means an establishment primarily involved in the
compiling. storage and maintenance of documents. records and other types of information in digital form
utilizing a mainframe computer. This tcrm does not include general business offices. computer related
sales establishments. and business or personal services.
[(17)] (35) "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)] (36) "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) (B)] (371 "Duplex [dwelling]" and "double- family dwelling" means a building
containing only two dwelling units.
[(20) (A)] (38) "Dwelling" means a building or part thereof designed for or used for
residential occupancy or both and containing one or more dwelling units[.], and includes double - family
dwelling or duplex. mobile dwelling. multiple family dwelling and single - family dwelling.
[(20)(C)] (391 "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.]
(40) "Energy saving device" means any facility. eauinment. an raratu or th- i; - wr' •
makes use of nonfossil fuel sources for lighting. heating or cooling or which reduces the use of other types
of energy dependent on fossil fuel for generation.
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[(22)] (41) "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
environmcnt'and the maintenance and enhancement of long -term productivity, any irreversible and
irretrievable commitments of resources which would be involved in the proposed action, and economic and
social analysis of the proposed action.] an informational document prepared in compliance with chanter
343. Hawaii Revised Statutes. and which discloses the envirommental 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,
[(23)] (42) "Erected" [includes] means constructed, reconstructed, altered, placed, or
moved.
[(24)] (43) "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 tern "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 group of not more than five unrelated persons (excluding
servants). occupying a dwelling unit. The term includes individuals in larger group living situations
described as group living facilities and family child care homes.
[(25)] (44) "Family [boarding home or adult family boarding] child care home" means a
[home which contains not more than one kitchen to accommodate group living by not more than eight
persons, whether or not such persons arc 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] private residence licensed or approved by the state pursuant to chapter 346, part VIII,
Hawaii Revised Statutes. as amended. at which care or the responsibility for the supervision. development,
safety and protection is provided for a limited number of children. who are living in the residence apart
from the parent or guardian.
(45) "Farm" means land used for the purpose of agricultural, livestock. poultry. or
aauatic 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.
"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 opcn air market.'
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(481 "Flag lot" means a building site consisting of an access drive and a body in such
manner that the body would be landlocked froth a public sheet or private wry except for connection by the
access drive.
[(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)] (50) "[Net floor area] Floor area. net" means the total gross tloor area of all
buildings occupying a building site exclusive of floor area permanently allocated for parking or loading
spaces.
(51) "Food manufacturing and processing facility" means an establishment primarily
involved in the manufacture and processing of food products. other than an animal products processing
establishment. Typical activities include. but are not necessarily limited to. noodle factories. and coffee
grinding,
[(28)] (52) "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)] (53) "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
cons idered in computinn the minimu yard required on a n y building site
(54) "Group living facility" means a facility described under section 46 - 4. Hawaii
Revised Statutes. as amended. which is licensed or approved by the state as an adult residential care home
under section 321 -15.6. Hawaii Revised Statutes, or as an intermediate care facility /mental retardation
community (ICFIMR -C) for persons including mentally ill. who are not related to the home operator or
facility staff.
[(29)] (55) "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)] (56) "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,
(571 "Home improvement center" means a single establishment primarily involved in
providing a large variety of goods and services directly associated with building and home improvements
[(31)] (58) "Home occupation" means [:(A) Any use which:
'(i) Is clearly incidental and secondary to the use of a dwelling for dwelling
purposes and does not change the character of the dwelling,
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(ii) 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,
(ii) Any business conducted entirely by phone or mail and not involving frequent
bulk shipments, and
(iii) An office for doing homework of a person in business elsewhere;
(C) But excludes:
(i) Activities involving, encouraging, or depending upon frequent visits by the
public, and
(ii) Any shop or clinic of any type] anv activity intended to provide income that is
carried on within a dwelling, within an accessory structure to a dwelling, or on a portion of a building site
used principally for dwelling purposes.
[(32)] (59) "I lospital" means an institution in which patients or injured persons arc given
medical or surgical care, and unless otherwise modified, the term is limited to the care of persons only.
[(33)] (60) "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 compensation, whether such establishment is called a hotel, [inn,] motel,
motor hotel, motor lodge, inn, or otherwise.
[(34)] (61) "Junk yard" means [the use of] an outdoor or partially enclosed arca, 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)] (62) "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.] u commercial establishment in which dogs or domesticated animals are housed, groomed, bred,
boarded. trained, or sold- all for a fee or compensation. The term includes animal • uarantine statio
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(63) "Kitchen" means a room or a portion of a room designed to be used for the
preparation of food and containing at least one item from both of the following categories:
(Al Fixtures. appliances or devices for heating or cooking food; and
(B) Fixtures. appliances or devices for washing utensils used for dining and food
preparation and /or for washing and preparing food.
[(36) "Landscape" and "landscaping" mean to improve by landscape architecture or
gardening.]
[(37)] (64) "Land use "[:see "Use. "] means use of land. building use and use of any
building.
(65) "Livestock" means all animals generally associated with farming, which are raised or
kept for food and other agricultural purposes. Such animals include horses; cattle. goats. sheep. chickens,
ducks. geese and other poultry and swine,
(66) "Livestock production" means a distinct agricultural operation or establishment
which ke eps. feeds. or raises livestock for commer and as a principal land use. The include
piggeries. dairies, dairy and beef cattle ranching. feedlots. chicken. turkey and other poultry farms. rabbit
farms. apiaries and aviaries.
1,671 "Lodge" means a building or group of buildings. under single management,
containing transient lodging accommodations without individual kitchen facilities. and no more than forty
guest rooms or suites. and generally located in agricultural. rural or other less populated areas.
[(38)(A)] (681 "Lot" means a building site or a pared of land shown as a unit on an
approved [and recorded] subdivision map[.], or a survey map.
[(38)(B)] (691 "Lot line" means any boundary of [lot] a building site or property line[.],
and includes.
[(C)] CA) "Interior lot line _ [means] which is any 121 line [of the lot] other than the
street frontage.
[(D)] 113_1 "Rear lot line" [means] which is the lot line that is generally opposite the
street frontage.
(10)2,142/ width" me that fi ob tained by dividinl t he total are of a b uil d in g i to by
the maximum depth of the building site measured in the general direction of the side lines.
[(39) "Mall" means:
(A) A promenade; or
(B) A public walk used for pleasure, display, circulation, activity, relaxation, or
exercise and composed of shrubs, trees, flowers, and street furniture of a minimum width of twenty feet.]
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(71) "Main building" means a building in which is conducted a principal or main use on
the building site on which it is.situated.
(72) "Manufacturing, processing and packaging. general" means activities which are the
main purpose of establishments primarily involved in the manufacture. processing. assembly. fabrication,
refinement. alteration and /or other end products suitable for sale or trade. General manufacturing,
processing and packaging establishments are those involving significant mechanical and chemical
processes. large amounts of metal transfer. or extended shift operations. Typical activities include, but are
not limited to: paper and textile milling: wood millwork and the production of prefabricated structural
wood products: the manufacture of soaps and detergents: rubber processing and the manufacture of rubber
products: the production of plastics and other synthetic materials: primary metals processes: the
manufacture of vehicles: machinery and fabricated metal products: electroplating: cement making and the
production of concrete: gypsum and related products: the production of chemical products: perfumes and
pharmaceuticals: and the production of paving and roofing materials. General manufacturing does not
include those activities associated with petroleum processing; the manufacture of explosives and toxic
chemicals: waste disposal and processing: and /or the p of salvage. scrap and junk material
( 73) "Manufacturing, processing and packaging. light" means activities which are the
main purpose of establishments primarily involved in the manufacture. processing. assembly. fabrication,
rfinemen Iteration an. /or other d .roduct • uitable f•r sale or tra. - Licht mai facturin_ .rocessin_
and packaging establishments involve activities which are non - offensive to adjacent uses: involve no open
storage or other types of outdoor accessory uses other th an parking and loading: do not involve processe
which _ener.te •i_nificant ley Is of heat n ise .do and /or .articulates• and do not involve the icals or
other substances which nose a threat to health and safety. Typical activities include. but arc not limited to,
the production of handcrafted goods. electronics - intensive a ui ment. components related to
instrumentation and measuring devices. bio-mcdical and telecommunications technologies. computer parts
And software. optical and photographic equipment. and other manufacturing. nrocessing and packaging
uses meeting the criteriaprescrihed herein.
(74) "Medical clinic" means an office building or group of offices for persons engaged in
the practice of a medical or dental profession or occupation. A medical clinic does not have beds for
overnight care of patients but can involve the treatment of outpatients. A "medical profcssion or
occupation" is any activity involving the diagnosis. cure. treatment, mitigation or 'r - vention of . i ease or
which affects any bodily function. but does not include chiropractic and massage treatment and services.
(75) "Meeting facility" means apermanent facility for non - profit recreational. social or
multi - purpose use. which has no overnight accommodations, and which may be for organizations operating
on a membership basis for the promotion of members' mutual interests or may be primarily intended for
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community Purposes. Typical uses include private clubs. union halls. community centers. and student
centers
[(20)(D)](761 "Mobile dwelling" means a structure or vehicle containing one or more
dwelling units designed so as to be transportable either by being carried or towed or under its own power,
whether or not the wheels, skids or other devices for transportability are actually in place.
[(40) "Mobile home park" and "mobile dwelling park" mean any space that is occupied or
designed for occupancy by one or more mobile dwellings.]
[(20)(E)](77) "Multiple- family dwelling" means a building containing more than two
dwelling units.
[(41)] 178) "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 chanter, but which does not
comply with the regulations for the zoning district in which it is located.
[(42)] (79) "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 zoning district in which it is located.
[(43)] (801 "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
25 of this chapter.] building site. but dots not include a guest 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)] (81) "Pedestrian way" means a public right -of -way through a block between Tots for
pedestrian traffic, which may also be used as a utility easement [01] and which has a maximum width of
twenty feet.
(821 "Personal services establishment" means an establishment which offers specialized
goods and services purchased frequently by the consumer. Included are barbershops. beauty shops,
massage facilities. chiropractic clinics, garment repair. laundry cleaning. pressing. dyeing. tailoring. shoe
repair and other similar establishments.
[(46)] 8(_, "Piggery" means any parcel or premises where fi ve or more weaned hogs are
maintained.
[(47)] (84) "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
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structures. and certain uses in specified zoning districts in order to assure that the intent and purpose of this
chapter are carried out.
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[(48) (85) "Plan liiibs for future streets" means Tines established on the zoning map for the
[purposes] purpose of future street construction and establishing the front property line of the affected
[property] building site. The area within these lines shall be deemed to be the street right -of- way[.]. and
cannot be considered in computing the minimum yard required on any building site. [(See sections 25 -263
and 25- 264(c).)]
(86) "Public use ". `public building" and "public structure" means a use conducted by or a
Structure or building owned or managed by the federal government. the state of 1-1 waii or the County to
fulfill a governmental function. activity or service for public benefit and in accordance with public policy,
Excluded are uses which are not purely a function. activity or service of government and structures leased
by government to private entrepreneurs or to non - profit organizations.
(87) "Recycling center" means an establishment on a building site. with or without
buildings. upon which used materials are separated and processed for shipment for eventual reuse in new
products. A recycling collection point or an area which serves only as a drop -off point for temporary
stomgc of recy lables shall not be considered a recy ng center,
[(49)] (88) "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) "Repair establishment. major" means an establishment which primarily provides
restoration. reconstruction and general mending and repair services. and which includes any repair
activities which are likely to have some impact on the environment and adjacent land uses by virtue of their
appearance. noise. size. traffic generation or operational characteristics. Major repair establishments
include. but are not limited to:
(A) Blacksmith.
(B) Boat cleaning and repair.
(C) Electrical. gasoline and diesel motor repair and rebuilding.
(D) Furniture repair,
(E) Industrial machinery and heavy eauipment repair,
(F) Vehicular repair. including repair of body and fender. and straightening of
frame and body parts.
(90) "Repair establishment. minor" means an establishment which primarily provides
restoration. reconstruction and general mending and repair services. and which includes those repair
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ivities which h v- little or no im'ac on surroundin _ land ses and an be com ratibl located wi h ether
• businesses. Minor repair establishments include. but are not limited to:
(A) Automobile repair. including auto painting and motorized bicycle repair,
provided all repair work is performed within an enclosed structure and does not include repair of body and
fender. and straightening of frame and body parts.
(W Eyeglasses. hearing aids and prosthetic devices. production and repair.
(0 Furniture upholstery.
(D) Garment repair.
(El General repair shop.
( F) Non - motorized bicycle repair.
( G) Radio. television and other household appliance and equipment repair. except
for those appliances withgpsoline engines,
! H) Shoe repair.
(I) Watch. clock and jewelry repair.
[(50)] (911 "Resort area" means an area with facilities to accommodate the needs and
desires primarily of visitors, tourists and transient guests.
(92) "Re me
sta ura"
nt are_ is an establishm which is regularly and in a bona fide manner
used and kept open for the serving of meals to patrons for compensation and which has suitable kitchen
facilities connected with the establishment. containing the necessary equipment and supplies for cooking
an assortment of foods which may be required for ordinary meals. Additionally. at least thirty percent of
the establishment's gross revenue must derive from the sale of foods.
(931 "Retail establishment" means an establishment which sells commodities or goods to
the consumer and may include display rooms and incidental manufacturing of goods for retail sale on
premises only. Typical retail establishments include convenience stores. grocery and specialty food stores,
general department stores. drug and pharmaceutical stores. hardware stores. pet shoos. appliance and
_apparel stores. tour. travel and ticket agencies and other similar retail activities. The term does not include
open storage yards for new or used building materials. yards for sera .salvage operations for storage or
display of automobile Darts. service stations. repair garages or veterinary clinics and hospitals,
[(51)] (94) "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 as pre - school, kindergarten, [grade] elementary school,
intermediate school, high school, tradc or vocational school. business school, college or a combination of
any of them.
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(95) "Self- storage facility" means a structure or structures. containing individual locker
compartments which allow individuals access to store possessions in these compartments. Each locker or
storage area is self - contained and Carl be secured,
[(52) "Story": refer to Building Code (chapter 5).]
[(20)(F)](96) "Single- family dwelling" means a building containing only one dwelling
unit.
[(53)] (97) "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 buildin sg ites.
[(54)] (98) "Street frontage" means that portion of a building site that has a common line
with a street right -of -way line [and the]. The 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 1
requiring 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)] (100) "Surveyor" means a person duly registered as a professional land surveyor in
the State.
(1011 "Telecommunications antenna" means an antenna. tower and other accessory
structures for radio frequency (RF) transmissions intended for specific users who must have special
equipment for transmission and /or reception. Also included are broadcasting facilities regulated by the
Federal Communication Commission (FCC) under the Code of Federal Regulations. par. 74. which
includes low power television. Included are land- mobile or two -way radio. and one -way radio paging
Service broadcasting. Also included are independent receiving facilities which do not qualify as acccssory
uses. Not included are portable. hand held and vehicular transceivers or radios: industrial. scientific and
Medical equipment operating at frequencies designated for that purpose by the Federal Communications
Commission (FCC): marketed consumer products. such as microwave ovens. citizens hand radios. haul
radios and remote control toys: and facilities for the receiving of these transmissions. including individual
radio and television appliances.
(102) "Theater" means a facility which is used primarily for the performing arts or for the
viewing of motion picture films. Included are performing arts centers. concert halls and other types of live
theaters,
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(103) "Time share unit" means any multiple- dwelling unit or hotel. which is owned,
occupied or possessed. under an ownership and /or use agreement among various persons for less than a
sixty - day period in an for ati oc a nd is regulated un der the p r o visi ons o f chapter 514
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.
[(13) "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.]
(105) "Warehousing" means the storage of raw materials. finished products. merchandise
And/or other goods. within a building for subsequent delivery. transfer and /or pick -un.
(106) "Whole saling and dis tri b uti o n" r neans the salt and /o distribution of manufactu
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)] f 107 "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. pone cocheres. cornices,
canopies. roof overhangs. eaves. porches. balconies. terraces. fire escapes. stairs. ramps and other similar
features authorized in article 4. division 4 of this chanter. and includes;
[(13)](A) "Front yard" [means] which is a yard lying between the street line on
which the [lot] building site fronts or the future width line or the plan line for future street and a line
parallel thereto which runs through the point of the building nearest to said street line[.]. future width line
or plan line. The depth of said yard is the distance between the parallel lines. [(See section 25- 62(c).)]
[(C)] 1,11) "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.
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[(61) "Zone" means a district as used in this chapter.]
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[Division 2.1 Article 2. Administration and Enforcement.
Division 1. General Administration.
Section 125 -51 25 -2 -I. Duties of [County] county officers.
(a) [It shall be the duty of the] The building official [to] shall enforce any provisions of this chapter
relative to building construction and occupancy.
(b) [1t shall be the duty of the] The director [to] shall enforce all other provisions of this chapter
pertaining to land use. •
(c) [It shall be the duty of all] J law enforcement officers of the County [to] shall enforce all the
provisions of this chapter.
Section [25 - 6.1 25 - 2 - 2. [Prohibitions in issuance] 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 purpose shall be issued
where [it] the license or perma 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 anplications,
fa) Any application filed with the director or the commission. pursuant to this chapter. including
but not limited to a zoning amendment. variance. use pe mit. plan approval. ohana dwelling permit,
planned unit development permit. or cluster plan development permit. shall be reviewed by the director for
completeness within fifteen days from the date that the application was filed by the applicant. An
application may he filed with the director or the commission either by hand or mail delivery to the Hilo or
Kona department.
fbl During the fifteen day period. the director shall either determine that the application is
complete and accept the application as of the date that the application was filed by the applicant or shall
determine that the an licatio is def- ctive.
fc 1 If the director determines that the application is defective. the application shall be returned to
the applicant together with a deficiency notice, to be postmarked within the fifteen day review period,
which lists the information missing from the application.
f d) Anv application that is rejected as defective tnav be refiled together with a copy of the
deficienc not' e and the required additional informati )n. The resub itted a •lic tion shall be accer d as
complete as of the date of resubmission. provided that all required additional information has been
submitted.
• (e) If the director fails to act upon any application within the fifteen -day period. the application
shall be deemed complete and shall be considered accepted as of the date that the application was filed.
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(1) The director shall publish. on a emi -i onthty basis. list of all applications accepted under this
section in at least two newspapers of general circulation in the county. Such list shall include the name of
the property owner. tax man key number(s) of the pro ert the la, . area and tr et address if ay.' a .le
Section 25 -2 -4. Notice to nronertyowners and lessees of record of pendingannlicatio.
n
(a) Whenever any application under this chapter requires notice to owners and lessees of record
interests of the surrounding properties:
(1) Such notice shall be served to the owners and lessees of record of all lots of which any
p ortion is within th ree h undred feet of anv oin
pt alon to l ie perimeter boundary of the building site affected
. by the application if the building site is located within the state land use urban or rural district. or
(2) Such notice shall be served on the owners and lessees of record of all lots of which any
portion is within five hundred feet of any point a one the perimeter boundary of the building site affected
by the application if the building s ite is located within the state land use agricultural district. except that if
the surrounding lots are located within either the state land use urban or rural district. notice shall he served
on the owners and lessees of record of all lots which any .ortio i within thre- hundred feet of t, -
building site,
(b) The applicant shall first serve notice of the filing of the application on the surrounding owners
and lessees within ten days after the application has been filed with the director or commission. and shall
again serve notice of the application and of any proposed action or public hearing on the surrounding
owners and lessees. within ten days after receiving notice from the director or the commission of the date
of the proposed action or hearing. The second notice shall be served not less than ten days prior to the date
of the proposed action or hearing.
(c) In determining the names and addresses of the affected owners and lessees of record. as
required by this section. the applicant shall utilize the data available from the real property tax office;
provided. that where the director has received written notice of additional or subse. uent owner .r lessees
of record and has so informed the applicant. the applicant shall also provide the required notice to such
pe rsons. The applicant shall also provide notice to such other owners and lessees of record when the
applicant otherwise has actual knowledge of such other owners or lessees of record.
(d) The notice to the affected property owner and lessees shall in clude the following informati
(.1) The name of the applicant;
(l The precise location of the property involved;
(3) The nature of the application and the proposed use of the property;
(4) The date on which the application was filed with the director or the commission: and
(5 ) If the notice is for any proposed administrative action by the director or for any public
hearth > to he held by the commission, the date on whi the administrative action by the director wil be
taken on the application or the date on which a public hearing will be held to consider the application.
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(e) Prior to the director's proposed administrative action or Prior to the commission's public
bearing the applicant shall submit td the director or the commission. as appro rip ate. proof of service or of
good faith efforts to serve notice of the application on the designated property owners and lessees. Such
proof may consist of certified mail receipts. affidavits. declarations. or the like. The failure of a property
owner or lessee to receive written notice. as provided in this section. shall not invalidate any action by the
director or proceeding by the commission, provided that good faith efforts were made by the applicant to
Serve notice on the affected property owner or lessee.
Section 25 - 2 - 5. Public hearing notices.
fat Unless otherwistprovided. whenever published nobs �s ejiuired unde this chapter prior to
any commission public hearing. the commission shall publish notice of the hearing in at least two
newspapers of general circulation in the County. at least ten days prior to the date of the public hearing,
unless • a longer time period is required by either statute or charter provision. in which case. the notice
period provided by statute or charter provision shall apply. The notice shall specify the time. date and
place of the hearing. its purpose and a description of the property. if any. involved.
(b) The commission may publish consolidated notices of any public hearings to be held on the
same date: provided that the consolidated notices state specific information regarding the time. date and
place. the purpose and a description of the property involved in each matter.
Section 125 - 9.1 25 - 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 chanter 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] a new application prior to the expiration of [such] the 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 125 - 10.1 25 - 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
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proceeding to invalidate the permit or approval shall require written notice to the owner or person who has
been issued the permit or approval prior to either the director or the commission taking action to invalidate
the permit or approval. In the event that an appeal is filed regarding anv permit or approval issued under
this chapter. the two year period provided for under this section shall not commence to run until a final
decision is rendered in the anneal.
Section ]25 - 11.] 25 - 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.] 25 -2 -9. Applications including lesser [action.] actions; concurrent
applications.
(a) An application for any administrative action. meaning anv action requiring approval of only
the director and not the commission, may include a request for a lesser action without payment [for] Qf any
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 nroiect requiring commission action may be considered concurrentl 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 he filed independently of other applications for
administrative or commission action. and any decision on an application for an amendment to this chapter
shall be issued separately from decisions o oth administrative or commission requests.
Section [25 - 13.] 25 - 2 - 10. Privileges granted run with land. All [administrative actions]
amendments to this chapter and all permits and approvals issued under this chapter shall apply to the
applicable land, building, development, or use and shall not be granted if the action sought would not be
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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 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 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 partmen
det o p
f water suply and other applicable government
agencies,
Division 2. (Administration and Enforcement.( Appeals.
Section 125 -71 25 -2 -20, [Appeals to the board of appeals.] Persons who may appeal;
procedure.
(a) Any person aggrieved by the decision of the director or the commission in the administration
or application of this chapter, except for decisions regarding 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 appeals shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary
for the purposes of this section.]
( b1 Any person aggrieved by the decision of the director or the commission regarding a variance
application. may appeal such decision in accordance with the provisions of sections 25 -2 -55 through
25 -2 -57 of this chapter.
(c 1 A person is aggrieved by a decision of the director or the commission if:
(1 The person h as a n interest in the subicct matter of the decision that is so directly and
immediately affected. that the person's interest is clearly distinguishable from that of the general public;
and
•
(21 The person is or will be adversely affected by the decision.
f d) An appeal shall be in writing. in the form prescribed by the board of appeals, and shall specify
the person's interest in the subject matter of the appeal and the grounds of the appeal. Any such appeal
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shall be accompanied by a tiling fee of 5250. The person appealing a decision of the direc or
commission shall provide a copy of the appeal to the director or commission. as appropriate. and to the
owners of the affected property and shall provide the hoard of appeals with the proof of service,
(e) The appellant. the owners of the affected pro erty. and the director or the commission. as
Appropriate. shall be parties to an appeal. Other persons may be admitted as parties to an appeal. as
permitted by the board of appeals,
[Section 25 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.]
Section 25 - 2 - 21. Performance of permit conditions pending anpeal. Whenever any appeal is
filed after a permit or approval has been issued and the Permit or approval contains conditions requiring
performance within specified time periods. the time for performance of any such conditions shall not
commence until after a final decision is rendered in the appeal by the hoard of appeals or by the courts,
Section 25 - - Conduct of appeal hearing; costs.
(al Within twenty da afte r eceipt of a notice o f appeal- t he di rector or commission. as
appropriate. shall transmit to the hoard of appeals the entire record or file of the proceeding being
Appealed. The entire record or file from the director or commission. as appropriate. shall be part of the
hoard of appeals' record in an appeal. and shall he reviewed by the hoard of appeals in the appeal.
(bl A full hearing shall he held by the board of appeals. in any appeal. in accordance with chapter
91. Hawaii Revised Statutes.
(c) A verbatim audio recording or stenographic record shall be made of the hearing and shalt
remain on file in the office of the hoard of appeals. Copies of such verbatim record of any hearing may be
ordered by any party. with the cost thereof to be paid by the party ordering such copy or copies.
(d) The appellant has the burden of proof in an appeal before the hoard of appeals,
Section 25 - - 23. Standard of review. The board of appeals may affirm the decision of the
director or the commission. or it may reverse or modify the decision or remand the decision with
appropriate instructions if based upon the preponderance of evidence the hoard finds that;
(11 The director or commission. as appropriate. erred in its decision: or
f 2 The decision violated this chapter or other applicable law: or
(3) The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly
unwarranted exercise of discretion.
Section 25 - - 24. Adoption of rules. The board of appeals shall adopt rules pursuant to chapter
91. Hawaii Revised Statutes. necessary for the implementation of the provisions regarding appeals.
Division 3. Violations. Penalties. Enforcement.
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Section 125 -14.1 25 -2 -30. [Approvals void upon failure to comply with conditions.]
Violations, Any approval or permit isstiedpursuant to the provisions of this chapter shall comply with all
applicable requirements of this chanter. Failure to comply with [any] conditions i�osed as part of
[attached to] any [administrative] approval [shall void such approval.] or permit. including variances from
the provisions of this chanter. shall constitute a violation of this chapter.
Section [25 - 15.1 25 - 2 - 31. Criminal prosecution.
(a) Any person whether as principal, agent, employee, or otherwise, violating or causing or
permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon
conviction thereof shall be sentenced as follows:
(1) For a first offense, by a fine not exceeding $500.
(2) For a subsequent conviction which occurs within five years of any prior conviction for
violation of this chapter, by a fine of not Tess 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.
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Section 125- .1 25 -2 -32. [Authorized Personnel.' Right of entry for authorized Qersonnel.
[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 anon 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 unsafc, 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] 1]g
building or premises [be] j 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 any judgment resulting therefrom shall be assumed by [this jurisdiction.] the County.
Section 125 - 16.1 25 - 2 - 34. Injunctive action.
The County may maintain an action for an injunction to restrain any violation of the provisions of this
chapter and may take any other lawful action to prevent or remedy any violation.
Section 125 16.1.1 25 - 2 - 35, Administrative enforcement.
(a) In lieu of or in addition to enforcement pursuant to sections [25 -15 and 25 -16,] 25 -2 -31.
25 -2 -32. and 25 -2 -34 if the director determines that any person is violating any provision of this chapter,
any rule adopted thereunder, or any permit issued pursuant thereto, the director may have the person served
by personal service or by certified mail, with a notice of violation and order pursuant to this section. I
director may also have a copy of the notice of violation and order posted at the building site.
(b) The notice of violation shall include at (east the following information:
(1) Date of the notice;
(2) Name and address of the person noticed;
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(3) Section number of the provision, or rule, or the permit which has been violated;
(4) Nature of the violation; and
(5) Location and tithe 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 r eceipt of t he 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 ] recei t o the order, unless the director's action is appealed
to the board of appeals as provided in this section.
(1) 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 appeals shall not be limited in its review of the director's order to the standards
for affirming. reversing or modifying the director's decision contained in section 25 -7]. An appeal to the
board of appeals shall stay the provisions of the director's order pending the final decision of the board of
appeals.
(g) The director may institute a civil action in any court of competent jurisdiction for the
enforcement of any order issued pursuant to this section. Where the civil action has been instituted to
enforce the civil fine imposed by said order, the director need only show that the notice of violation and
order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine
imposed has not been paid.
(h) Annually, on September 1, the director shall file with the bureau of conveyances, liens on all
properties which have been the subject of fines levied under this section, which remain unpaid for one year
or more aftcr final adjudication and the expiration of the time for any further appeal.
(i) Fines[,] assessed under this section shall constitute a lien upon the subject property upon the
filing of said lien with the bureau of conveyances. 'this lien shall be considered for purposes of authority,
to be the equivalent [of] liens which arise pursuant to the provisions of chapter 19 of this code.
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Section [25 -17.] 25 -2 -36. Remedies cumulative. The remedies provided in this chapter shall be
cumulative and not exclusive.
[Division 3.1 Division 4. Amendments.
Section [25 - 18.] 25 -2 -40. When [Zoning Code] zoning code may be amended. This chapter
may be amended by changing the boundaries of districts or by changing any other provision in this chapter
whenever the public necessity and convenience and the general welfare require such amendment[.]. and
when such amendment would be consistent with the goals. 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 property. or any
other person with the property owner's authorized consent,
Section [25 - 20.] 25 - 2 - 42. Amendments initiated by property owners[.] and other Arsons.
[(c)] (g) [Application] An application for a change of zoning district by a property owner, or any -
other person with the property owner's consent, shall be on a form prescribed by the director and shall be
accompanied by:
(1) A filing and processing fee of [$100.] $500 plus $25 per lot or unit proposed by the
amendment.
(2) A description of the property in sufficient detail to determine its precise location.
(3) A plot plan of the property, drawn to scale with all existing and proposed structures
shown thereon, and any other information necessary to a proper determination relative to the specific
request.
( 4) A list of the n ames. addresses and tax map key numbers for those owners and lessee
of record of surrounding properties who are reuuired to receive notice under section 25 -2 -4.
(5) A county envir r eport. A county en vironmental r sh not be re
for any amendment where either an environmental impact statement or an environmental assessment and
negative declaration have been prepared and issued in compliance with cha ter 343 Hawa" : -vi ed
Statutes. as amended.
[(4)] (¢j 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.] required by rules
adopted by the director in accordance with chapter 91. Hawaii Revised Statutes.
(b) Within ten days alter filing an application for a change of zone. the applicant shall serve notice
of the application on surrounding owners and lessees of record. as provided by section 25 -2 -4.
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[(a)] () In considering an amendment initiated by a property owner or other person which
proposes to change the district classification of any property, the director shall consider the purposes of the
existing and proposed district and the purposes of this chapter and shall recommend a change in a district
boundary only where it would result in a more appropriate land use pattern that will further the public
necessity and convenience and the general welfare[.], and be consistent with thegoals. 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] my hundred
twenty days after [the filing of a properly completed application or such longer period as may be agreed to
by the applicant.] an application has been accepted by the director.
(3) [Upon the director's recommendation, the application shall be forwarded to the
planning commission for its review, report, and recommendation which shall be forwarded to the council
through the mayor. The applicant shall file a map and description by metes and bounds of the property as
certified by a surveyor prior to the planning commission's filing of a report of their findings and action
taken to the council.] If the director fails to make a recommendation on the proposed amendment within
the one hundred twenty day period. the application shall be forwarded to the commission without any
recommendation from the r it -ctor and the d'rcctor's failure to act shall be con idered • favorable
recommendation on the application.
[(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 mall 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
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commission determines that the actions of the director were proper, the applicant may appeal the decision
to the board of appeals.]
(dl The commission shall review any application initiated by a ro.ert .wner or other I - - .n
a change of zone and shall forward its recommendation on the application to the council through the mayor
for the council's consideration and action,
(11 In reviewing the application. the commission shall hold at least one puhlic hearing and
shall provide reasonable notice of the date of the hearing to the applicant. The commission shall also
provide notice by publication of the hearing. as provided in this chapter,
(21 Within ten days after receiving notice of the date of the public hearing. the applicant
shall serve notice of the hearing on surrounding owners and lessees of record as provided hv
section 25 -2 -4. The applicant shall also serve notice on owners and lessees of record interests in other
properties which the commission may find to he directly affected by the proposed amendment,
(31 Within ninety days after receipt of the application from the director. unless a longer
period is a¢reed to by the applicant. the commission shall transmit the proposed than *e o •ne • dinance
together with its recommendations thereon through the mayor to the council. The commission shall
recommend approval in whole or in part. with or without modifications. or rejection of such application.
In the event that the commission fails to act on the application within the ninety -day .eriod the as .licatiot
shall be considered an unfavorable recommendation by the commission. and the application shall be
transmitted through the mayor to the council with such recommendation.
Section 125 - 21.1 25 - 2 - 43, 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.
(])The amendment shall be submitted to the commission with the director's justification
and recommendation on the amendment,
(2) Upon receipt of a proposed amendment from the director. the commission shall hold at
least one puhlic hearing. Notice of the hearing by the publication shall he provided by the commission in
Accordance with section 25 -2 -5. except that when a proposed amendment involves a specific parcel of
land. notice shall he provided by the commission in accordance with subsections (c land (d ).
(31 Within sixty days after receipt of the amendment from the director. the commission
shall transmit the proposed amendment together with its recommendations thereon through the mayor to
the council. The commission shall recommend approval in whole or in part. with or without modifications,
or rejection of such amendment. In the event that the commission fails to act on the amendment within the
y- period such inaction shall be considered as u nfavorable recommendation by the commission.
And the amendment shall then he submitted through the mayor to the council with such recommendation,
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(b) [The director shall study the proposed amendment and shall submit a recommendation to the
planning commission for its review and recommendation to the council.
(1) Upon receipt of a proposed amendment from the director, the planning commission
shall hold at least one public hearing.
(2) At least ten days prior to the public hearing, the planning commission shall give notice
thereof by publishing at least once in a newspaper of general circulation in the County, the time, date and
place of such hearing, its purpose and a description of any property which may be involved. Notice by
mailing, as provided in section 25 -20(b) shall also be given.
(3) Within a reasonable time after the conclusion of the public hearing, the planning
commission shall recommend the approval or disapproval of any proposed amendment and shall file a
report of its findings and action taken with the council.]
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 cach submit comments and
recommendations on the proposed amendment to the council within one hundred twenty days from the
date that the amendment is transmitted by the council to the director and the commission.
(1) The director shall submit comments and any recommendations to both the commission
and the council within the one hundred twenty day review period.
(2) The commission shall hold at least one public hearing on theproposed amendment.
Notice of the hearing by publication shall be provided by the commission in accordance with section 25 2-
5. except that when a proposed amendment involves a specific parcel of land, notice shall be provided by
• the commission in accordance with subsections (c land (d).
(3) The commission shall transmit the amendment together with its recommendations
thereon through the mayor to the council. The commission shall recommend approval in whole or in part,
with or without modifications. or rejection of such amendment. in the event that the commission fails to
act on the amendment within the one hundred twenty day review period. such inaction shall be considered
as an unfavorable recommendation by the commission.
(4) After the one hundred twentv -dav review period has expired. the council may proceed
to act on the proposed amendment as it deems appropriate.
fc ) Notice by mail to surrounding owners and lessees of record of properties within the
boundaries established by section 25-2-4, shall not he required for anv amendment initiated by the council
or the director. In lieu of mailing written notice to surrounding property owners and lessees of record. the
director shall publish notice of the commission's public hearing in at least two newspapers of general
circulation in the County. once a week for three consecutive weeks. with the last notice to be at least ten
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days prior to the hearing. The notice shall specify the time. date and place of the hearing. its purpose and a
description of anvproperty which may be involved,
(d) Notice to owners of any properties specifically subject to the proposed amendment shall he
provided by mail from the director. no later than thirty days prior to the commission's public hearing on
the amendment,
Sec tion 25 -2 -44. Conditions on change of zone.
(a) Within any ordinance for a change of zone. the council may impose conditions 011 the
applicant's use of the property subiect to the change of zone provided that the council finds that the
conditions are
(I) necessary to prevent circumstances which may he adverse to the public health. safety
and welfare: or
(2) reasonably conceived to fulfill needs directly emanating from the land use proposed
with respect to:
(A) Protection of the public from the potentially deleterious effects of the
pronosed use. or
(13) Fulfillment of the need for public service demands created by the proposes(
use.
(b) Changes or alterations of conditions of any change of zone ordinance shall he processed in the
same manner as a zone change. unless the council authorizes the changes or alterations to be made by the
director. A request for any change or alteration of conditions shall be submitted in writing to the director,
in lieu of the application required for an applicant initiated change of zone. The request shall be
accompanied by a filing fee of $250.
(c) Failure to fulfill any conditions of the zone change within the specified time limitations. or any
extensions thereto. may be grounds for the enactment of an ordinance making further zone changes or for
rezoning the affected property hack to its original zoning designation or a more appropriate zoning
designation. upon initiation by either the director or the council in accordance with section 25 -2 -43,
Section 125 18.1.J 25 - 2 - 45, Nonsignificant zoning changes.
(a) The [planning] director may administratively grant a y 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
the property.] ,A nonsignificant zoning change must comply with the designations for the property set forth
in the general plan and any development plan adopted by ordinance. and must either:
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( 1) not result in a net increase in the density allowed in the zoning district(s) containing
the affected area: or
(2) be the lesser of a five percent or one acre increase or decrease in the 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.] Division 5. Variances.
Section [25 -22.] 25 -2 -50. Variances[.] permitted. Variances from the provisions of this chapter
may be granted; provided that a variance shall not allow the introduction of a use not otherwise permitted
within the district; and provided further that a variance shall not primarily effectuate relief from applicable
density limitations.
Section [25 - 23.1 25 - 2 - 51, Grounds for ]variances.] variance, [No] A variance may only 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] is 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 - 24.1 25 - 2 - 52. Application for variance; requirements. Application for a variance
shall be on a form prescribed for this purpose by the director and shall be accompanied by:
(1) A filing fee of [$100] $250;
(2) A dcscription of the property in sufficient detail to determine the precise location of
the property involved;
(3) A plot plan of the property, drawn to scale, with all existing and proposed structures
shown thereon;
(4) A list of the names and addresses of all surrounding owners and lessee of record of
property interests in property [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[.] in
accordance with chapter 91. Hawaii Revised Statutes.
Section [25 -25.1 25 -2 -53. [Procedure for variances.] Notice of action on variance application,
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(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] ten [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 by section 25 -2 -4. [of interests in properties within three hundred feet of the perimeter
boundary of the applicant's properly 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.] The
applicant shall also serve notice on owners and lessees of record of interests in other properties which the
director may find to be directly affected by the variance sought,
(h) 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 genera(
circulation in the County. at least ten days prior to the date of the director's proposed decision.
Section [25 - 26.] 25 - 2 - 54. Actions by director on [variances.] variance,
() The director shall, within sixty days after [the filing of a proper] acceptance of a variance
application [or within a longer period as may be agreed to by the applicant], deny the application or
approve it subject to conditions.
[(a)] 0 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)] u 1 f 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 2527.1 of this article.]
Section [25 -27.] 25 -2 -55. Review of director's action [(by non - applicant).] by non - applicant.
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(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] the 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 (11 has a property interest in the subject property: or (2) owns or is the recorded
lessee of property within the boundaries established by section 25 -2 -4: or (3) can otherwise demonstrate to
the satisfaction of the commission that such person will be so directly and immediately affected by the
proposed variance that the person's interest in the action is clearly distinguishable from that of the general
public, [Such] The 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]
the grounds[.] of the objection, The 'Tallest shall be accompanied by a non - refundable filing fee of $250,
(b) [Procedure for Review.
(1)] The [planting] commission shall [consider] accent a request for review of the
director's action[,] only if the request is submitted in writing bv an interested party within the time period
prescribed by subsection (a) above. The commission shall consider the reuuest at a regularly schedules(
meeting of the commission, at which tithe 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. anv interested party, and members of the
general public shall have the opportunity to be heard on the application. A contested case hearing. as
defined in chapter 91. Hawaii Revised Statutes. shall not he held bv the commission on any variance
application.
[(2) Notice of the public hearing and its purposes shall be provided by the planting
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.
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(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 owner and lessees of record as
provided bv 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 he directly affected by the variance sought.
(e) The commission shall provide notice bv publication of the public hearing in accordance with
tgprovisions of this chaptgr.
[(d) Actions on Review.
(1)] (0 Within [sixty] ninety days of its decision to hold a public hearing on the matter,
or within a longer period as may be agreed to by the applicant, the [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 125-27.1.125-2-56. Appeal of director's action [(by applicant).] by applicant.
(a) if the director denies [the] p 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.] The
commission shall provide notice bv publication of the public hearing in accordance with the provisions of
this chapter.
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(d) The commission shall provide written notice of the public hearing. at least ten daysprior to the
h earing. to persons who had submitted timely objections to the va application before the director's
action.
fe) The commission shall conduct a public hearing within a period of sixty days from the date the
written anneal is accented by the commission, unless that period is waived by the applicant. A contested
case hearing. as defined under chapter 91, Hawaii Revised Statutes, shall not be held by the commission on
any variance appsA
[(d) Actions on Appeals.
(1)] (0 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)] (g) 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.] chapter,
[(3)] (1» 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.] 25 -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,] anv person aggrieved by the
decision of the commission, may appeal such action to the board of appeals in accordance with [its rules.]
this chapter.
[(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 I lawaii Revised Statutes.]
[Division 5.1 Division 6. Use Permits.
Section 25 - - 69. Purpose. Use permits are Permits for certain permitted uses in zoning districts
which require special attention to insure that the uscs will neither unduly burden public agencies to provide
public services nor cause substantial adverse impacts u n the surr I din com uni _ .
Section 125 - 28.1 25 - 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
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shall he permitted within designated county zoning districts only if a use permit is obtained for the use
from the commission;
[(1) All districts, except ML, MG and 0 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 0 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 0 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 0 district unless the proposed use, in its entirety, is
compatible with the stated purpose for adopting the 0 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.]
i
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(1) Bed and breakfast establishments in RS districts.
(2) Crematoriums in all districts.
(3) Churches. temples and synagogues. including meeting facilities for churches. temples,
synagogues and other such institutions. in RS. RD. RM. RA. FA and A districts: provided that a minimum
building site area of ten thousand square feet is required within the RS. RD. RM. and RA districts.
(4) Day care centers in RS. RD. RM. RA. FA, and A districts. provided that a minimum
building site area of ten thousand square feet shall be required within the RS. RD. RM. and RA districts,
(5) Golf courses and related golf averse uses including golf driving ranges.golf
maintenance buildings. and golf club houses in the RS. RD. RM. RCX. RA. FA. A. V. CG. CV. and 0
districts,
(6) Hospitals. sanitariums. old age. convalescent. nursing and rest homes. and other
similar uses devoted to the care or treatment of the aged. the sick. or the infirm in the RS. RD. RM. RCX,
RA. FA. A. and V. districts. provided that a minimum building site area of ten thousand square feet shall
be required within the RS. RD. RM- RCX and RA districts.
(7) Major outdoor amusement and recreation facilities in RS. RD. RM. RCX. RA. A. CN,
CG. CV. MCX. MI,. MG and 0 districts.
(8) Mortuaries in RS. RD. RM. RCX. RA. FA and A districts.
(9) Schools in RS. RD, RM. RA. FA and A. districts. provided that a minimum building
site area of ten thousand square feet shall be required within the RS. RD. RM, and RA districts.
(10) Telecommunication antennas and towers in RS. RD. RM. and RCX districts,
(I 1) Yacht harbors and boating facilities in the RS. RD. RM. RCX. RA. V.
MCX. ML. MG and 0 districts.
(12) Other unusual and reasonable uses which are not specifically permitted in arty zoning
district with the approval of the director and the concurrence of the council by resolution,
(b) Any use which received an approval as a conditionally permitted use prior to September 25,
1984, or which received prior approval through the use permit process, is considered a legal use of the
affected parcel and may be expanded or enlarged without obtaining another use permit, provided such
expansion, enlargement or addition is in full compliance with this chapter [25] and [its] the applicable
district [regulation.] regulations.
(c) A use permit shall not be required for any use described in subsection (a) above. if a special
permit is obtained fo that use. pursuant to section 205 -6. Hawaii Revised Statutes.
Section [25 -29.] 25 -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.
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(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;
(3) A plot plan of the property, drawn to scale, with all existing and proposed structures
shown thereon;
(4) A list of [the] names [and], addresses and tax map key numbers [of all owners of
property interests in property located within a 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
receive notice under section 25 -2 -4; and
(5) A written description of the proposed use and a statement of objectives and reasons
for the request, [addressing how:
(A) The proposed use will still be consistent with the general purpose of the
zoned district, the intent and purpose of this chaptcr, 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 proposcd 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)] u Upon [receipt and] acceptance of a [properly filed and completed] use permit application,
the [planning] commission shall fix a date for [the] a public hearing. The public hearing [which] shall be
[held within] commenced no later than sixty days [of receipt] after the acceptance of a [properly filed] use
permit 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.
L) [Within three working days after receiving notice of such date, the] The 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] as provided by
section 25-2-4. The applicant shall also serve notice on owners and lessees of record [of] interests in other
properties which the [planning] commission may find to be directly affected by the use permit sought.
[Such notice shall state:
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(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.]
u 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
the public hearing in accordance with the reuuirements of this chapter.
[(d) At least ten calendar days prior to the date of the public hearing, the planning commission
shall publish, in a newspaper of general circulation in the County, notice of the hearing.]
Section 25 - 2 - 64. Action on use permit.
[(e)] (Al 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.] tither deny or approve the application. The commission's decision
shall be accompanied by a statement of factual findings supporting the decision. together with any
conditions imposed upon a use permit approval,
(b) In approving any use permit application. the commission may issue the approval subject to
conditions. including hours of daily operation and teens of the use permit. The conditions imposed by the
commission shall bear a reasonable relationship to the use permit granted.
(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..
fLl Concurrent requests may be acted upon by the [planning] commission in conjunction with
[the] a use permit [procedures.] application.
Section 25 - 2 - 65. Criteri. 1r ranting a use permit.
[(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] zoning district, the intent and purpose of this chapter, and the [County] general plan;
(2) The granting of the proposed use [will] shall not be materially detrimental to the
public welfare nor cause substantial, adverse impact to the community's character, to surrounding
properties; an
[(3) The granting of the proposed use will not adversely affect similar or related existing
uses within the surrounding area, community or region; and]
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[(4)] 3(3) 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] anv 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 chapter.
Section 25 - 2 - 67. Revocation of a use permit.
(a) A use permit shall be revoked by the commission at the request of anv property owner who
holds the use permit sought to be revoked or at the request of any other person with the property owner's
consent upon the submission of a written statement to the commission verifying that the use approved
under the use permit issued has either not been established or has been abandoned.
(b) The commission may revoke any use permit upon request of the director if:
(1) There have been continual violations of the use permit: or
(2) The use authorized under the use permit is creating a threat to the health or safety of
the community; or
(3) The use authorized under the use permit has been abandoned for a continuous period
of two ycars.
(cl The proceeding to revoke a use permit. upon request of the director. shall require written notice
to the property owner and to the person who has been issued the permit prior to the commission taking
action to revoke the permit.
( d) A property owner or other person affected by the proposed revocation of a use permit ordered
by the commission. may. within thirty days after the mailing of the commission's order. appeal the
commission's action to the board of appeals as provided by section 5 -6.3 of the County charter and
sections 25 -2 -20 through 25 -2 -24 of this chapter. An appeal to the board of appeals shall Stay the
provisions of the commission's revocation order pending the final decision of the board of appeals,
[Division 6. Reserved.]
[Article 20.] Division 7, Plan Approval,
Section [25 - 241.] 25 - - 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 previo approvals related to the develop have been
implemented. [It provides discretionary control over precise plans for development.]
Section [25 -242.] 25 -2 -71. Applicability; plan approval required.
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(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, 0, or
CDI-t 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 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.
(h) Plan approval shall be required in all districts prior to the change of the following uses in
existing buildings:
(I) Residential to commercial use;
(2) Warehouse and manuf c urin to retail use.
(c) Plan approval shall be required in all applicable districts prior to the construction or
establishment of the following improvements and uses:
(1) Bed and breakfast establishments as permitted under section 25 -4 -7.
(2) Public uses. structures and buildings and community buildings. as permitted under
section 25 -4 -11.
(3) Telecommunication antennas and towers. as permitted under
section 25 -4 -12.
(4) Temporary real estate offices and model homes. as permitted under
section 25 -4 -8.
(5) Utility substations. as authorized under section 25 -4 -11.
(d) Plan approval shall be required in the RA and FA district prior to the construction or
installation of any new stnicture or development. or of any addition to an existing structure or development
whi h to he used for minor a'ricultural •roduct• 'rile- in..
(e) Plan approval shall be reauired in the A district prior to the development of any trailer park.
[(b)] 1,Q Plan approval may be required as a condition of approval of any use permit, variance, or
other action relating to a specific usc, in which case the use or development so conditioned may not be
• established until plan approval has been secured [therefor].
Section [25 - 243.] 25 - 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
(1) [a] A site plan, drawn to scale and fully dimensioned indicating clearly the following
information:
[(I)] (A) The location and dimension of the building site;
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[(2)] Q) The location, size, height, and use of all existing and proposed
structures;
[(3)] (C) All yards and open spaces;
• [(4)] (p) Location, height, and material of all fences and walls;
[(5)] (Ea The standard of improvement and location, number, and size of ark
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)] ( (G) All proposed landscaping and planting; an
[(8)] (H1) All proposed street dedication and improvement[,] if any[; and].
[(9)] (2) Any other information required by rules adopted by the director[.] in accordance
with chapter 91. Hawaii Revised Statutes,
Section 25 -2 -73. Plan anproval application requirements for bed and breakfast
establishments. In addition to the application requirements for plan approval contained in section 25 -2-
72. an application for plan approval for a bed and breakfast establishment shall contain the following
information:
Ill The designation of each proposed bed and breakfast guest bedroom on the site plan;
(2) A copy of the operator's current transient accommodations tax license and general
excise tax license;
(31 Documentation to verify that the bed and breakfast establishment complies with all
applicable reouirements of the state department of health: and
(4) Documentation to verify that the bed and breakfast establishment complies with all of
the accessibility requirements under the Americans with Disabilities Act (ADA).
Section 25 - 2 - 74. Plan approval application requirements for telecommunication antennas.
In addition to the application requirements for plan approval contained in section 25 -2 -72. an application
for plan approval for a telecommunication antenna or tower shall contain the following information:
(1) A plot plan showing the location of the proposed antenna or tower;
(2) Building plans for the tower. certified by a licenced structural engineer. verifying that
the tower. together with the initial antennas and other equipment proposed to be installed thereon. will
have a hard survivability for sustained winds of one hundred miles per hour;
(3) A statement from the Federal Aviation Administration that the application has not
been found to be a hazard to air navigation; and
(4) A statement from the Federal Communications Commission that the application
complies with the regulations of the Commission or a statement that no such compliance is necessary.
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Section [25 -2444 25 -2 -75. [Consideration of application; decision.] Action on plan approval
application.
[(a) The director within forty-five days after the application is filed in its offices or within a longer
period agreed to by the applicant, shall consider the application for plan approval together with all
accompanying data and shall either deny, approve, or defer the application subject to conditions or
alterations.
(1) The director shall consider the application and the proposed use in relation to the
surrounding property, improvements, streets, traffic, community characteristics, natural features, and in any
other manner in ordcr to assure and may require:
(A) Adequate light and air, and proper siting and arrangements of all structures
and improvements;
(13) That existing and prospective traffic movements will not be hindered;
(C) That the use is properly landscaped commensurate with the use and its
surroundings;
(D) That unsightly areas are properly screened or eliminated;
(E) That there is adequate off-street parking to serve the use, regardless of the
otherwise minimum requirements of this chapter;
(F) That no potential accident hazards will be created in gaining access to the
parking areas; and
(G) That within reasonable limits the natural features, if any, of community value
are preserved.
(2) To this end the director shall require any conditions or changes in the proposal which,
in the director's opinion, are necessary to carry out and further the purposes of 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 ssu plan approval subject to co nditions or changes in the proposal which. i
the director's opinion. are necessary to carry out and further the purposes of this chapter and the
considerations contained in section 25 -2 -76.
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(b) The director may only issue plan approval for a bed and breakfast establishment if the
proposed use meets all of the conditions contained in sections 25 -2 -76 and 25 -4 -7. and if the operator of
the bed and breakfast establishment provides all verification reouired under section 25 -2 -73.
(c) The director may only issue plan approval for a telecommunication antenna or tower if the
proposed use meets all of the conditions contained in sections 25 -2 -76 and 25 -4 -12. and if the applicant
provides all verification required under section 25 -2 -74.
(d1 The director may only issue plan approval for a temporary model home or real estate office if
the proposed use meets all of the conditions in sections 25 -2 -76 and 25 -4 -8,
fe) The director shall render a decision to either approve or deny a plan approval application
within thirty days after acceptance of the application. If the director fails to render a decision within the
thirty -day period. the application shall be considered approved without further certification by the director.
Section 25 - 2 - 76. Review criteria and conditions of approval,
fa) In reviewing a plan approval application. the director shall consider the proposed structure,
development or use in relation to the surrounding property. improvements. streets. traffic. community
characteristics. natural features. and may require conditions or changes to assure:
(I) Adequate I'ght and air. and proper siting and arrangements are provided for all
structures and improvements;
(2) Existing and prospective traffic movements will not be hindered;
(3) Proper landscaping is provided that is commensurate with the structure. development
or use and its surroundings;
(41 Unsightly areas are properly screened or eliminated;
(51 A deouate off - street parking is provided to serve the structure. development or use
regardless of the otherwise minimum requirements of this chapter;
(61 Access to the parkin a reas will n ot create potential accident hazards:
f7) Within reasonable limits. any natural and man -made features of community value are
preserved: and
(8) Dust and odor impacts are kept to a minimum.
(b) The director shall require any conditions or changes in the proposal which. in the director's
opinion. arc necessary to carry out the purposes of this chapter and the considerations contained in
subsection (al above.
Section 25 - 2 - 77. Construction in conformity with plan anproval. Every structure,
development and change of use for which plan approval is issued shall be constructed and developed in
accordance with the terms. specifications and conditions contained in the plan approval Hermit,
Section 25 -2 -78. Appeal of a nlan approval decision.
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[(d)] Any person aggrieved by the plan 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 hoard of anpeals. in
accordance with this chapter. within thirty days after date of the director's written decision.
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[Article 2.J Article 3. [Land Use! Establishment of Zoning Districts.
Section 125 -80.1 25 -3 -1, Designation of districts.
(a) The [land use] zoning districts of the County shall consist of the following districts:
(1) RS, single - fancily residential districts ([article 4] article 5. division 1).
(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 (nixed districts (article 5. division 4).
[(4)] (5.) RA, residential and agricultural districts ([article 7] article 5. division 5).
(A) FA. family agricultural district (article 5. division 6),
[(5)] (7) A, agricultural districts ([article 8] article 5. division 7).
[(6)] IA, intensive agricultural districts ([article 9] article 5. division 8).
[(7)] (9) V, resort-hotel districts ([article 10] article 5. division 9).
[(8) CO, commercial districts (article 11).]
[(9)](I0) CN, neighborhood commercial districts ([article 12] article 5. division 10).
[(10)](11) CG, general commercial districts ([article 13] article 5. division 11).
[(I 1)](12) CV, village commercial districts ([article 14] article 5. division 12).
(13) MCX, industrial commercial mixed districts (article 5. division 13).
[(13)](14) ML, limited industrial districts ([article 16] article 5. division 14).
[(12)] (15) MG, general industrial districts ([article 15] article 5. division 15).
[(14)] (16) O, open districts ([article 17] article 5. division 16).
[(15) U, unplanned districts (article 18).
(16) Combining districts (section 25 -81).
(17) CM, downtown Hilo commercial district (article 26).]
(17) Special districts (articles 6 and 7),
(b) Any building site within the commercial office (CO) district as of the date of the adoption of
this section. shall automatically be redesignated as a general commercial (CG) district. with the same
minimum land area required for each building site. and anv building site within the unplanned (U)
district as of the date of the adoption of this section. shall automatically be redesignated as an
agricultural (A) district with a minimum lot size of five acres (A -5a). Anv building site within a
combining district, which combines a safety (S) district or a safety. flood hazard (SF) district with
another zoning district. as of the date of the adoption of this section. shall he redesignated so that the
safety or safety. flood hazard district designation. whichever is applicable. is removed as a zoning district
designation for the building site. The redesignation provided for under this subsection shall occur
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immediately upon adoption of this section. without any action required on the Dart of any land owner.
The director shall cause all zone maps and the zoning man to be corrected to reflect the redesignatiop
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 Village design commission (article 7. division 1).
(2) CDH. Downtown Hilo commercial district (article 7. division 2).
(3) Geothermal subzone districts (article 7. division 3).
(4) PD. Project districts (article 6, division 4).
(51 APD. Agricultural project districts (article 6. division 5).
Section [25 - 82.] 25 - 3 - 3. Method and effect of establishment of districts.
(a) Any of the districts listed in sections [25 -80 and 25 -81] 25 -3 -1 and 25 -3 -2 [of this article] are
or may be established for any portion of the County by being described by metes and bounds and in map
form. In case of conflict between a zoning map and metes and bounds description delineating district
boundaries, the latter shall control. In case of conflict between a zoning map, and any summary of
ordinances as provided by subsection (d) below on one hand, and duly enacted ordinance on the other,
the provisions of the ordinance shall be authoritative. As between ordinances, the provisions of an
ordinance enacted later in time shall control.
(b) The zone maps in article [3] 8 of this chapter, adopted by ordinance numbers 74 (1967), 109
(1967), 110 (1967), 111 (1967), 187 (1968), and 190 (1969), and any amendments to these maps by
ordinance shall constitute the zoning map of the County. An up -to -date copy of the zoning map shall be
kept for public display in the office of the [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
non- significant changes to the boundary of any district may be administratively approved by the director
as provided under section 25-2-45.
(d) The contents of an ordinance or any portion thereof concerning the adoption of or a change
in the boundary of any district need not be set out in full in any codification or recodification of, or
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supplementation to this [code] c a t o so long as a summary of the ordinance is included in this chapter
or in an appropriate annex to this chapter. The summary which shall be maintained and updated by the
[planning department] 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 neap as provided in section 25 -82 and 25 -85
of this chapter.]
Section 25 - 3 - 4. Establishment of buildirnp 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 125 - 83.1 25 - 3 - 5. Application of district regulations.
(a) The provisions of this chapter for each district shall apply uniformly to each class or kind of
structure or land within the district, except as provided in this [section and elsewhere.] chapter.
[(1)] (h) [NoJ Any building, structure, or land [shall hereafter be] used or occupied after May 24,
1967 and [no] ay 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)] L) [No] Any building or other structure [shall be] erected or altered after May 24, 1967
[to:] shall not:
[(A)] (1,) Exceed the height;
[(B)] (2) Accommodate or house a greater number of families;
[(C)] (3) Occupy a greater percentage of lot area[;], if provided by the zoning district;
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• •
[(D)] (4) Have narrower or smaller rear yards, front yards, side yards, or other open
spaces than herein permitted: or
[(E)] (5 In any other manner be contrary to the provisions of this chapter.
[(3)] (s41 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)] f.0 [No] Any yard or [lot] building site existing as of September 11, 1966. shall not be
reduced in dimension or area below the minimum requirements set forth [herein] in this chapter. [Yards
and lots] Anv 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. mav be developed utilizing yards. building site average width and minimum
building site areas in accordance with the pre - existing ordinance.
(fl If any ordinance adopted prior to December . 1996. amended the zoning district for any
building site and provided for a future effective date for the amendment. the ordinance shall be
considered to predate this chapter and the building site mav be developed in accordance with the
ordinance and the conditions contained in the ordinance. notwithstanding the fact that provisions of this
chanter adopted on December • 1996 conflict with the provisions of the ordinance.
Section 125 - 84.1 25 - 3 - 6. Rules for interpretation of district boundaries.
[(a)] Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning
map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines of streets,
highways, or alleys shall be construed to follow the center lines;
(2) Boundaries indicated as approximately following platted lot lines shall be 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;
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(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 -wav or easement is considered to be and shall be classified within the
immediately adjacent district and if there be more than one district then cach shall extend to the center of
the street. right -of -way or easement.
[Section 25 -264.1 Section 25 -3 -8. Legal effect of establishment of building [line] line
future width [line,] Tines, and plan [lines.] line.
(a) Whenever a building line is established along any street[,] on the zoning map, [then] the
minimum front yard for any affected property shall be [equivalent] equal to the distance between the
street and the established building line.
(b) Whenever a future width line is established[,] on the zoning map, [then for the purpose of
administering the regulations of this chapter, such] the future width line shall be [deemed] considered to
be the front property line of thg affected property[, and the]. The area between [such] thg future widthline
and the street (if outside the right -of -way) shall be deemed to be the street right -of- way[.], and cannot he
considered in computing the minimum yard required on any building site,
(c) Whenever plan lines for a future street have been established[,] on the zoning map, [they] the
plan lines shall be [deemed] considered to be the front property [lines,] line, 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 be
computed excluding any area within plan lines for future streets established on the zoning man.
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Article 4. General Development Regulations.
[Division 7.] 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.] 25 -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.
(B) The building site is served by a publicly owned and operated water supply
system.
(C) The building site is served by a disposal system, which has been
specifically approved by the department of health.
(2) The 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 water supply or
sewage disposal. Such older community shall have previously been designated by the planning
commission and the boundaries thereof indicated on the zoning map.
(4) The building site is part of a subdivision where the dwelling unit(s) is being
constructed in coordination with the subdivision improvements and that the following conditions have
been complied with:
(A) That subdivision construction drawings shall be submitted and approved
and final plat map shall be submitted and reviewed prior to the issuance of any building permits.
(B) That plans for final plan approval shall be submitted and final plan
approval secured prior to the issuance of any building permits.
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(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
subdivision improvements are completed in accordance with the plans and approved by the appropriate
agencies.]
fa) On any building site. no huilding designed or intended for human occupancy shall he
constnicted and no permit therefor shall he issued unless:
fl) The building site is served by a County water system or a privately owned and
operated water system. or other private. individual means of providing water to the building site is
demonstrated: and
(21 A wastewater treatment system for the proposed huilding has been approved by the
state department of health.
(hl On any huilding site in any suhdivision approved by the director under chapter 23 of this
- code. no huilding designed or intended for human occupancy shall he constructed and no permit issued
therefor until either;
111 The streets. drainage improvements. water supply system. if any. and sewage
disposal .ystem. if any. have been constructed. inspected and approved by the appropriate County
agencies: or
f21 Final subdivision approval has been secured by the subdivider in accordance with
chapter 23. by posting a surety bond or other security guaranteeing the constniction of all of the
subdivision improvements as shown on approved constniction drawings and specifications. provided
that final occupancy of any dwelling unit shall not he granted until the suhdivision improvements for
the particular increment in which such dwelling unit is situated have been constructed. inspected and
approved by the appropriate County agencies.
[Section 25 -40. District classification of streets. Unless otherwise designated the area of any
street, right -of -way or easement is considered to be and shall be classified within the immediately
adjacent district and if there be more than one district then each shall extend to the center of the street,
right -of -way or easement and the area shall not be used for any purpose other than that for which it was
established. (See section 25 -47)]
[Section 25 -41. Minimum street frontage.
(a) Every building site in a district specifying a minimum building site area of one acre or less
shall have minimum frontage on a street of at least one -half the required building site average width.
(b) In all other districts specifying a minimum building site area over one acre the minimum
street frontage shall be at least one hundred feet.]
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[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 running inland from and parallel to the shoreline at a horizontal plane.
(b) Shoreline setback lines are established throughout the County by the State land use
commission at forty feet inland from the upper reaches of the wash of waves other than storm and tidal
waves except that such shoreline setback lines shall be twenty feet on any land parcel of record when
any one or more of the following exists:
(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 foot shoreline setback line and all State and County requirements
wherein the parcel is located including but not limited to front and side yard setbacks, cross -slope
requirements, and terrain requirements.]
[Section 25-43. Waiver of requirements in consolidation and resubdivision. 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 -4 -3, Establishment of permitted uses. The permitted uses as listed in the
regulations for each zoning district may be established within that district after compliance with the
specific regulations of the district and the general regulations of this chapter.
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Section [25 -45.] 25 -4-4. Uses [not listed] prohibited. Any use not listed among the permitted
uses in a zoning district [shall be deemed to be ] is a prohibited use within that district, except as
otherwise provided [for.] in this chapter,.
Section [25 -52.] 25 -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
chapter 205A. Hawaii Revised Statutes. and all land uses allo in permits issue by the state board
of land and natural resources pursuant to chapter 183C. Hawaii Revised Statutes. or any amendment
thereto, shall be deemed to be pernitted uses.
Section [25 -47.] 25 -4-6. Use of streets. Except as permitted by the council, no street shall be
used for the display, sale, or private storage of any commodity or any material, nor shall any structure
be placed therein other than a driveway, ramp or similar structure that is necessary for vehicular access
to the adjoining property. This [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. Red and breakfast establishments.
fa) Bed and breakfast establishments shall he . -rmitted in t ri • u
CN. CG and CV districts. provided that plan approval for any bed and breakfast establishment is
secured from the director prior to the establishment of such use. A bed and breakfast establishment may
he permitted in the RS districts provided that a use permit is obtained for each such use and that plan
approval for each such use has been secured from the director. A special permit shall also he reouired
for any bed and breakfast establishment located in either the state land use rural or agricultural districts.
ft)) A bed and bed establishment shall he subject to the following restrictions and standards:
(1) The bed and breakfast establishment shall he accessory and subordinate to the
principal use as a residence by its owners or lessee,
(2) The owner - operator or lessee- operator of the bed and breakfast establishment shall
reside on the same building site as that being used for the bed and breakfast establishment. For
oil • • . I ' .r , le ee -.I .. u- r - - -- /..' . lea e . e . n. • . r -
residence and land on which the bed and breakfast establishment is located.
(3) The bed and breakfast establishment may he located within a single - family dwelling
unit and a guest house. pursuant to section 25 -4 -9. on a building site.
(4) The bed and breakfast establishment shall contain no more than five guest
bedrooms for rent to guests.
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(5) In the RS and RD districts. the minimum lot size for a hed and breakfast
establishment with three to five guest bedrooms shall be fifteen thousand square feet. and any lot less
than fifteen thousand square feet shall not have more than two guest bedrooms. In the RA. FA and A
districts. the minimum lot size for a hed and breakfast establishment with three to five guest bedrooms
shall he the minimum lot size specified for the applicable zoning district.
(6) The maximum number of guests permitted within a hed and breakfast establishment
at any one time shall he ten.
(7) Only breakfast meals may he offered to guests. The serving of breakfast for a fee
• ' i . v s _ • 1' !i •_ • . • _ • ha • e . 111
1 • ' - 1 . • • . • fa . - • • • • • r R - 1 1
not operate as a food service establishment. unless a food service establishment (i.e. a restaurant) is
listed as a permitted use within the zoning district.
(8) One paved (with concrete. as phalt concrete surface or chip -seal) off - street parkins
stall shall he provided for each guest bedroom. in addition to the red for the d e ' • • _ •' -
provided that in the RS. RA.FA and A districts paved parking stalls shall not he required as long as the
material used for the parking stalls will eliminate erosion. mud and standing water within the parking
•
stall area,
(9) Exterior signage which adve rtises the dwelli as a bed and breakfast establishment
shall comply with the requirements for residential signage as set forth in char - adve i ', • . • •
signs) of this code.
(c) No hed and breakfast establishment shall he permitted on any building site on which au
ohana dwelling. approved by the director. is situated.
(d) Any hed and breakfast establishment which has not received plan approval shall he
considered illegal under this chapter,
(e) Any hed and breakfast establishment existing as of the date of adoption of this section,
which conforms to the standards contained in section 25- 4 -7(h). and has not received plan approval,
And. as applicable. has not been issued either a special permit or a use permit. may continue as a non-
conforming use until September 30. 1997. at which time any such continued use without receipt of plan
approval and. as applicable. a use permit or a special permit. shall he considered illegal under this
chapter. Prior to June 30. 1997. any maw may apply for plan approval and for a use permit or a
•e u' • .r •e . • • - as i r_u r . • -d.te•f .do I'of • r' - '•
conforming to the standards of section 25- 4 -7(h) and not otherwise permitted. and upon issuance of the
-.u' ed r m' .nd ... •v, •- - hall b- on id-r-. ter ittes u e.
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(f) The conditions contained in any use permit issued for a hed and breakfast establishment
prior to the adoption of this section shall continue to apply to the hed and breakfast establishment,
notwithstanding - provisions to the contrary contained in this section.
Section [25 -46.] 254-8. Temporary real estate offices and model homes.
(a) Temporary real estate offices [and model homes] for new developments shall be permitted
in [the RS, RD, and RM zones for new residential developments, subject to the following conditions:]
all districts except for the A. IA and 0 districts. and model homes for new developments shall he
permitted in all districts except for the A. IA. MCX. Mi.. MC; and 0 districts. provided that final
subdivision approval of the development has been granted by the director and plan approval for any
temporary real estate office and /or model home is secured from the director prior to the establishment
of such use
(h) A temporary real estate office and model home shall also he subject to the following
conditions:
[(a)] (l.) The development jn which the temporary real estate office and /or model home
is proposed to he situated must consist of six or more lots and /or units.
[(b)] (2) The temporary real estate office [or] and /oz model home [use] shall not
[exceed] he 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)] 13) If the temporary real estate office is established in a structure not otherwise
permitted in the particular [zoned] zoning district, the structure shall be removed co- terminus with the
expiration of the temporary real estate office use.
[(d)] 14) 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)] L) 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)] (5) The temporary real estate office [or] and /or model home shall comply with the
minimum setback and height requirements of the particular [zone] zoning district.
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[(g) Final approval for the subdivision shall be granted from the planning director
prior to establishment of the temporary real estate office or model home.
(h) Plan approval shall be secured from the planning director prior to the
establishment of the temporary real estate office or model home.]
[Section 25-48. Reserved.]
Section [25 -49.] 25 -4 -9. Guest [house.] houses. [No] One guest house may only 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.] 25 -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
Shall conform to the County building code (chanter 5 of this code). and the • - Inc heal r '1. .• -
(cj pter 2 of the state public health regulations). except:
(1) When parked in a licensed mobile home park: or
(21 When occupied for dwelling or sleeping purposes outside of a licensed mobile home
park for less than thirty days in any one location.
Section [25 -51.] 25 -4 -11. Power lines[; utilities]: utility substations; public buildings.
(a) Communication, transmission, and power lines of public and private utilities and
governmental agencies are permitted uses within any district.
(b) [Substations] Any substation used by a public [utilities] utility 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[,] 4r dangerous[, or a
nuisance] to the surrounding [areas] Area and the director has [granted] issued plan approval [therefor.]
for such use.
(c) [Community, public. and public service buildings] Public uses. stnictures and buildings and
community buildings are permitted uses jn any district, provided [they conform to the general plan.]
thank director has is sued plan approval for such use
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Section 25 -4-12. Telecommunication antennas,
fa) A telecommunication antenna or tower shall he permitted in all districts. except RS. RD,
RM. and RCX districts: provided that the antenna. tower. and its use are not hazardous or dangerous to
the surrounding area and the director has issued plan approval for such use. A telecommunication
antenna or tower may be permitted in the RS. RD. RM and RCX districts if a use permit • obtained
for such use.
fb) The minimum setbacks for a telecommunication antenna and tower are as follows:
fl) Freestanding antennas and towers shall he set hack from every property line
minimum of one foot for every five feet of antenna or tower height.
(2) Telecommunication antennas and towers supported by guy wires shall he set hack
from every property line a minimum of one foot for every one foot of antenna or tower height.
(c) The tower. tog -ether with the initial antennas and other equipment proposed to he installed
thereon. shall have a hard survivability for sustained winds of at (east 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.]
Section 25 -4-13. Home occupations.
fa) A home occupation shall he permitted as incidental and subordinate to the use of a dwelling
in any district in which a dwelling is located. provided that the home occupation does not change the
character and external appearance of the dwelling,
(h) All home occupations shall comply with the following standards:
(1) The home occupation shall he conducted either entirely within the dwelling or. if
outside the dwelling. the activity shall he screened from public view.
(2) No exterior signs. symbols- displays or advertisements relating to the home
occupation shall he displayed. no shall any interior signs he visible from the public view,
(3) Any materials. supplies or products relating to the home occupation which are
stored outside of the dwelling or other fully enclosed building shall he screened from the public view,
f4) Articles sold on the premises shall he limited to those produced by the home
occupation. or to instructional materials pertinent to the home occupation or to services provided by
the home occupation.
f5) Only one employee shall he permitted in addition to household members under the
home occupation,
(6) A minimum of one parking space shall he provided on the building site in addition
to parking required for the dwelling use or other permitted uses if the home occupation involves
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• •
customer or client vis or meetings. The direc m ay require additional parking spaces where th
.1 - . f • ., • ..••• 1 ..r 'ri, .. in: •e reasona• r .r • , ••• • - • •
inappropriate parking locations. Any resident of a multiple - familv dwelling may fulfill the narking
requirement by the use of guest parking with the written approval of the building owner. manager or
condominium association,
(c) A person desiring to engage in a home occupation that involves anv of the following
activities. shall file with the director. a declaration in the form designated by the director. verifying that
the home occupation will comply with all of the conditions contained in subsection (b) and will not
jpvolve any of the activities listed under subsection (e):
(1) Frequent customer or client visits:
(2) Frequent deliveries or pickups;
(3) Storage of materials. supplies or products related to the home occupation outside
• • - .w ' r ' • • h e C • '.. ..'•"
f 4) Activities conducted outside of the dwelling: or
(5) Group instniction. • d r •e • •. •' •• • • •• •1 ' •CCU.. • •1 •1 • ••• • • .
situated within either the state land use rural or agricultural district
(e) The following activities shall not he permitted as home occupations:
(1) Contractor storage yards. including without limitation. the storage. use. repair or
fahrication of equipment designed or intended for use in land excavation or in the construction of
buildings or other structures or other similar heavy equipment.
(2) Repair. fahrication or painting of automobiles or other motorized vehicles. except
those owned by household members and which are not sold or made available for sale within one y
of such activity regarding any particular vehicle.
13) Care. treatment or boarding of animals in exchange for money. goods. services or
other consideration,
(4) Any activities and uses which are only permitted in industrial districts.
(f) Any home occupation existing as of the date of adoption of this section which involves arty
of the activities listed under subsection (c) may continue as a non - conforming use until Septemher 30..
1997. at which time any such continued use without the filing of a declaration. as provided under
subsection (c) shall he considered illegal under this chapter. Prior to Septemher 30. 1997. any person
may file a declaration for any home occupation existing as of the date of adoption of this section which
involves any of the activities listed under subsection (c). and upon the filing of such declaration. the use
shall he considered a permitted Ilse
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Section 25 -4 -14. Flag lots. A flag lot shall be permitted when sufficient street frontage is not
,available for more than one building site. provided the following conditions are met:
f 11 The access drive connecting the building site with the street shall have a minimum
width of fifteen feet.
f21 The access drive shall he the sole access for only one building site. unless dual
access is approved by the director after consultation with the chief engineer.
f31 The building site area. including the access drive. shall he the minimum building
site area required for the Toning district.
01 The minimum yards for a flag lot. excluding the access drive. shall he the
minimum sideyards 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] No 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 yoning 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)] (al Chimneys, spires, belfries, water tanks, monuments, steeples, antennae, flag poles,
vent pipes. fans structures housing or screening elevator machinery and other similar features [may
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 planning
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
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rules and regulations of the State public utilities commission.] not to exceed ten feet above the
governing height limit.
[(d) No height variance may be granted unless it meets the grounds for variance set forth in this
chapter.]
(bl Safety railings not to exceed forty -two inches above the governing ht limit.
(c) Utility poles and lines and telecommunication antennas not to exceed five hundred feet
from existing _grade.
(d) One antenna for an amateur radio station operation per building site. not to exceed ninety
feet above existing grade,
(el Wind machines. where permitted. provided that each machine shall be set back from all
property lines one foot for each foot of height. measured from the highest vertical extension of the
system.
I :. - r - ,d,- device '. .'u ,•. .um. ... .. • - .r n. t. • . • - - 'e.
feet above the governing height limit.
(g) Non - residential agricultural structures in the A and IA districts. not to exceed one hundred
feet. as approved by the director upon finding that the additional height above forty -five feet is
necessary.
Section [25 -57.] 25 -4-23, Accessory structure height [regulation.] limitations. [Accessory
structures] An accessory structure [unless otherwise specified] shall not exceed [fifteen] twenty feet in
height[.]. unless otherwise specified in this chapter.
[Division 9.] Division 3. [Supplementary Area and Average Width Regulations.] Street Frontage.
Lot Areas and Widths.
Sect 25 4 30. Minim street frontag T he following minimum stre frontag
standards apply to every building site:
(a) Fifty percen of the reouired building site average width for any building site in a zoning
.' ric ..v .'ne . inimu• . ' .in_ - one ac . - excel . I. • .ts an .u' .'r -
located at the end of a cul de sac. and any building site where the access to the building site is by
means of a roadway easement.
(h) One hundred feet for any building site in a zoning district providing for a minimum
buildingjjte of over one acre. except for flag lots anv building site located at the end of a cul de sac,
and any building site where the access to the building site is by means of a roadway easement.
(c) The width of the pole or fifteen feet for any flag lot.
(d) Fifteen feet for any building site located at the end of a cul de sac.
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fel No street frontage shall he required for any huilding site where access to the huilding site is
by means of a roadway easement
Section [25 -58.] 25 -4-31. Minimum building site area; minimum average width.
(a) Unless otherwise specified jn this chapter, each main [use] huilding 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 huilding site owns no adjoining
property at the same time.
(c) A [parcel of land] huilding site shall be deemed to conform to the requirements for building
site average width if any portion of the [parcel] huilding 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.
(a1 [No] A building site may not 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;]
jn area. except as provided under section 25 -3 -5
an [provided that if any] Any legal building site [is] reduced in area or average width by [no]
not more than twenty percent [of the respective requirements], by reason of the establishment of future
width lines or plan lines for future streets or by the acquisition by a public agency for public purposes,
[then the remainder of the building site] shall be deemed to be a legal building site as to the remainder
of the huilding site
Section [25 -60.] 25 -4-33. Effect of delinquent tax sale[]; recordation of land. Any parcel
of land that is not otherwise a legal building site does not become a legal building site by virtue of
being sold at a delinquent tax sale[.] or by reason of recordation of the parcel of land at the state
bureau of conveyances.
Section [25 -61.] 25 -4 -34. Waiver of minimum [site] building site area for utilities. The
required minimum building site area [requirement] may be waived by the director for public utility or
public rights -of -way subdivisions, or both, and [their] any resulting remnant parcels.
•
[Division 10.] Division 4. [Supplementary Yard] Yards and Open Space [Regulations].
Section [25 -62.] 25 -4-40. [Supplementary yard] General requirements for yards and open
space.
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(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 [CO,] 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.] 25-4-41. 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 manner as for a corner building site.
(b) In the event a building site is so irregular in shape that it is impossible to establish side and
rear yards, the director shall view the relationship between [it] the building site and surrounding
property and shall specify the required yards.
Section [25-64.] 25-4-42. Corner building sites.
(a) On any corner building site, the interior lines shall be side lot lines and all rear yard
regulations shall be inapplicable.
(b) On [every] any corner building site in [any district] all zoning districts except [a] in the CN
district, within the area of a triangle formed by the street lines of such building site (ignoring any
corner radius), and a line drawn between points on such street lines twenty-five feet from the
intersection thereof, [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 posts 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.] 25-4-43. Fences [as] and accessory structures[; access to main buildings].
(a) [For the purpose of determining yard requirements, a] A perimeter 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
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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] In addition. a fence which [are] is constructed of strand material, such as
barbed wire, hog wire, or chain link, which [allow] allows "see-through" visibility [are] is 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 water tank. which is not connected to a building. may not extend into any required front.
side or rear yard, but may be located next to any building without any open space requirement.
Section [25-66.] 25-4-44. [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, cornices,
canopies, porches, balconies, terraces, fire escapes, stairs, ramps, above-grade pools and other similar
features may extend four feet into any required yard or open space that is less than ten feet, five feet
when required yard or space is from ten up to fifteen feet. and six feet when required yard is over
fifteen feet; provided that:
(1) [None of the features] No cornice. canopy, eave. porch. balcony. terrace, fire
escape. stair, ramp or other similar feature shall be enclosed above or below the extension except that
there may be individual posts or beams for support and open or grill type railings no higher than four
feet; and
(2) No chimney may extend more than two feet into any yard.
(3) No above-grade pool may extend into any required front. side or rear yard if the
pool is over six feet in height.
(b) The extensions permitted in this section apply separately to each building [separately].
Section [25-67.] 25-4-45. [Porte-cochere.] Projection of porte-cocheres. [If a building is
located in a district that requires plan approval, then the planning 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 25-4-46. Projection of pools. A pool constructed at-grade may extend any distance
into a required yard or open space.
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Section [25-68.] 25-4-47. Minimum distance between main buildings on same building
site. Unless otherwise specified, the minimum distance between main buildings on the same building
site shall be fifteen feet, measured between the walls of the two buildings.
[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.] 25-4-50. Off-street parking [spaces; general requirement.] and loading:
purpose.
(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.
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(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)fil Bed and breakfast [establishment:] establishments: one for each guest bedroom,
in addition to one for the dwelling unit.
[(4)]i2,i 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.]
(3) Commercial uses. including retail and office uses in RCX. CN. CG, CV. MCX.
V. RA, FA. A and IA districts: one for each three hundred square feet of gross floor area.
(4) Day care centers: one for each ten care recipients of design capacity or one for
every two hundred square feet of gross floor area, whichever is greater.
(5) Dwellings, multiple-family: one and one quarter for each unit.
(6) Dwellings, single-family and double-family or duplex: two for each dwelling unit.
[(7) Dwelling: one for each family or dwelling unit.]
[(8)]W 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.]
(10) Hotels and lodges:
(A) For hotel guest units without a kitchen. one for every three units:
(B) For hotel guest 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 ML. MG. MCX. RA. FA. A and IA districts: one for each
four hundred square feet of gross floor area.
[(12) Hotels, apartments, and motels:
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(A) Accessory portions same as otherwise regulated;
(B) For hotel guest units without kitchen units, one for every three units;
(C) For hotel guest units with kitchen units, one and one quarter for every
unit; and
(D) Apartments and motels, one and one quarter for each unit.]
(12) Laundromats. cleaners (coin operated): one for every four machines.
[(13) Retail stores and shops:
(A) In a V district, in a CN district, or in any district as part of a defined
shopping center: one for each two hundred square feet of gross floor area; or
(B) In other areas: one for each three hundred square feet of gross floor area.
(C) Furniture and appliance stores, household equipment or furniture repair
shops: one for each five hundred square feet of gross floor area.]
(13) Major outdoor amusement and recreation facilities: one for each two hundred
square feet of gross floor area within enclosed buildings, plus one for every three persons that the
outdoor facilities are designed to accommodate when used to the maximum capacity.
[(14) Industrial, manufacturing, and research uses:
(A) If possible to determine, one for each employee based on the largest work
shift; or
(B) If otherwise, one for each eight hundred square feet of gross floor area.]
(14) Meeting facilities. including churches: one for each seventy-five square feet of
gross floor area.
[(15) Wholesale establishments, warehouses, and bulk storage: one for each one
thousand square feet of gross floor area plus one for each employee on the largest work shift.]
(15) Nursing homes. convalescent homes. rest homes and homes for the elderly: one
for every two beds.
[(16) Other general business uses in CG districts and in other districts as permitted:
one for each four hundred square feet of gross floor area.]
[( ) Ohana dwelling unit: two for every unit.]
(16) Parks: 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 than herein specified: one for each
two hundred square feet of gross floor area. plus three per court (racquetball. tennis or similar
activities).
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[(18) Restaurants, bars, drive -ins: brie for each one hundred and fifty square feet of
gross floor area where the main use utilizes the entire building. Where the main food or beverage
service use occupies a part of a larger building such as an office complex or hotel or shopping mall:
one for each two hundred square feet of gross floor area.]
t 18) Rooming and lodging houses. religious. fraternal or social or ders havi sleeping
accommodations: one for each two beds.
(19) Schools [(grades k -9): one for every classroom.] (elementary and intermediate):
one for each twenty students of design capacity. plus one for each four hundred square feet of office
floor spa
(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,
vyocational. bus iness. technical and trade. college: one for each ten stud of desi n capaci lus
one for each four hundred square feet of office floor space,
(21) Sports arenas, auditoriums, theaters, assembly halls [with fixed seats]: one for
every four seats.
[(22) Self- service laundromats, dry cleaning: one for every four machines.
(23) Golf courses: four for every hole.
(24) Tennis /racquetball 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.]
(22) Swimming pools (community): one for each forty square feet of pool area.
(23) Warehouse and bulk storage establishments where there is no trade or retail
traffic: one for each one thousand square feet of gross floor area
(b) No additional parking is required for any change [in] pi use in a building[; provided that]
as long as the previous [ use(s)] use of the building had the required [amount] number of parking
[spaces and the applicant for the proposed use(s) provides adequate parking to accommodate the
anticipated level of traffic for the intended development(s).] stalls for that use: provided. that additional
• parking may he required for a change of use in any building where the building is converted from
residential to commercial use or from warehouse and manufacturing use to retail or commercial use
(c) Where uses and activities do not occur simultaneously, parking space requirements may be
shared, provided that:
(1) The utilization of the combined parking is shown to the satisfaction of the director
to be noncompeting as to time of use;
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(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 determini p 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 required parking spaces results in a fractional number. the number of
spaces required shall he the next highest whole number.
(b) In stadiums. sports arenas. meeting facilities. and other places of assembly in which
patrons or spectators occunv benches. pews or other similar seating facilities. each twenty -four inches
of width shall be counted as a seat for the purpose of determining requirements for off - street parking, -
(c) If bicycle ap rking stalls are constructed on any building site. the total number of required
parking spaces shall be reduced by one narking space for every five bicycle parking stalls constructed.
(d) At least sixty -seven percent of the required parking shall be standard sized parking spaces,
and thirty -three percent may he compact spaces,
(el The director may increase the required number of parking spaces for any use during play
proval if the director reviews the proposed use and its impact to the immediate area and finds that the
increase will further the public safety. convenience and welfare.
(f) if there is anv doubt as to the requirements for off - street parking for any use not
specifically mentioned or for any other reason. the director shall determine the required number of
parking spaces for such use
Section [25 -71.] 25 -4 -53, [Parking stall dimension; standards.] Minimum dimensions of
parking spaces,
(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
tight 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
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feet;] Compact spaces shall he at least sixteen feet in length and seven feet six inches in width. with
curbside parallel spaces at least eighteeh feet in length.
[(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)](j Minimum aisle[, driveway or back up space] widths for parking hays shall [consist of
the] he provided in accordance with the following [dimensions]:
Angle of Parking to Curb Minimum Width
to 0° (parallel) 12'
to 45° [11'] 14'
to 60° 18'
to 90° (perpendicular) 24'
fd) Parking spaces may have a three foot unpaved car overhang area
[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.]
Section 25 -4 -54 Standar a i to off - street narking aces.
(a) All parking spaces shall be arranged so as to be individually accessible,
(IA Except for one duplex dwelling or two single - family dwellings on any single building site,
access to any individual parking space shall not be directly from or to a street but must be reached from
an on -site access driveway of proper design and width to allow for Passage of vehicles and necessary
turning movements.
(c) In V. CN. CG. CV. MCX. ML. MG. RD. RM and RCX districts. narking s a s la b-
paved.
(d) For anv permitted use in the RS. RA. FA. A or IA districts. the pavement of parking spaces
is not required. and any material may be used for the parking spaces that will eliminate erosion. mud and
standing water.
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(c) For anv parking space containing a building column. that column may intrude six inches into
the required width. provided that the building column shall not be located at the entry of the narking
space. A wall shall not he considercd a building column.
Section 125 - 73.1.1 25 -4 -55. Parking [spaces] for [the physically handicapped.] persons with
disab
[(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 - 20 0
21 - 50 1
51 -75 2
76 - 100 3
101 - 200 4
201 or more 5]
( a) An accessible building site shall have at least one accessible route within the boundaries of
the building site from public transportation stops. accessible parking spaces. passenger loading zones if
provided. and public streets or sidewalks. to an accessible building entrance. The accessihle route shall
connect a clear path of travel. a minim clear widt of t hirty -six inches. to accessible buildin
accessible facilities. accessible elements. and accessible par spaces on the buildin ste ite in
compliance with the County code. chapter 5,
(b) If parking spaces are provided for self-parking by employees or visitors. or both. then
Accessible spaces shall he provided in each such parking arca in conformance with the table below.
Spaces required by the table need not be provided in the particular parking area and may he provided in a
different location if egpivalent or greater accessibility, in terms of distance from an accessihle entrance is
ensured,
Total Parking On Building Site &Required Minimum Number of Accessible Spaces
1 to 25 1
26to50 2
51 to 75
76 to 100 4
101 to 150 5
151 to 200
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201 to 30Q 7
301 to 400 8
401 to 500 2
501 to 1000 24ercent of total
1001 and over 20. plus one for each hundred over one thousand. Additional parking requirements for
medical. hea care facilities and treatment facilities fo pe rsons with d
(1) Accessible parking spaces for sedans shall be ninety -six inches wide by two hundred
sixteen inches deep with a sixty inch wide access aisle. Accessible parking spaces for vans shall be one
hundred eight inches wide by two hundred sixteen inches deep. with a ninety -six inch wide access aisle.
(2) Parking access aisles shall be part of an accessible route to the building or facility
entrance. Two accessible an rking spaces ma share a co mmon access aisle. Parked vehicle overha
shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be at the
same level with surface slopes not exceeding 1:50 (two percent) in all directions.
(3) If all reouired accessible parking spaces conform with the "Universal Parking Space
Design" the s b one hu ndred thirty -two inches wide by two hundred si xteen inches deep wi th a
Sixty inch wide access aisle,
Jc) Van Access. One in every eight accessible spaces as per above (I ). but not less than one.
shall be designated "van accessible ". The vertical clearance of ninety -eight inches at such spaces shall
be provided at the parking space and along at least one vehicle access route to such spaces from site
entrance(s) and exit(s) All such spaces may be grouped on one level ofa parking structure.
( d) Passenger loading zones. If passenger loading zones are provided. then at least one
accessible passenger loading zone shall be provided. Accessible passenger loading zones shall provide
an access aisle at least sixty inches wide and two hundred forty inches long adjacent and parallel to the
vehicle pull -up space. If there are curbs between the access aisle and the vehicle pull -up space. then a
curb ramp shall be provided. Vehicle standin spaces a nd access aisles shall be at the same level wi
surface slopes not exceeding 1:50 (two percent) in all directions. Vertical clearance of one hundred
fourteen inches at accessible passenger loading zones and along at least one vehicle access route to such
areas from site entrance(s) and exit(s) shall be provided.
(e) At facilities providing medical care. parking spaces shall be provided:
(1) Outpatient units and facilities: ten percent of the total number of parking spaces
provided serving each such outpatient unit or facility;
(2) I)nits and facilities that specialize in treatment or services for persons with mobility
impairments: twenty percent of the total number of parking spaces provided serving each such unit or
facility,
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(f) Valet parking facilities shall provide a passenger loading zone located on an accessible route
to the entrance of the facility.
(g) Signage. Accessible parking spaces shall be designated as reserved by a sign showing the
symbol of accessibility. Accessible van parking spaces shall have an additional sign "Van- Accessible"
mounted below the symbol of accessibility. Such signs shall be locate so the bottom edges of the sign
is eighty inches minimum above the finish surface of the accessible parking stalls. Signs which
designate parking spaces shall be a minimum twelve inches by twelve inches with eight inches high ISA
(International Symbol of Accessibility) symbol. The construction of the sign shall be .080 inch
' minimum thickness. aluminum sheet mounted on three inch square telespar tubing or approved equal.
(h) In the event that the standards for accessible design (Americans with Disabilities Act
Accessibility Guidelines for the Federal Fair Housing Amendments Act Accessibility Guidelines) require
more stringent parking standards for persons with disabilities than those contained in this section. those
requirements shall be followed.
Section 25 -4 -56. Off - street loading requirem Off - street loading requirements shall apply
to all buildings having a gross floor area of at least five thousand square feet. except for single- family
residential units. in all zoning districts. Th minim number ofoff- street loading spaces shall be as
follows:
Use or Use Category Floor Area in Square Feet Loading Space Requirements
1. Commercial and industrial 5.000 - 10,000 1
uses, including retail and 10.001 - 20,000 2
wholesale operations. eating 20.001 - 30.011Q 3
and drinking establishments, 30.001 - 40.000 4
business services. personal 40.001 - 60,000
services. repair. Each additional 50.000 or 1
manufacturing and self major fraction thereof
storage facilities. but
excluding offices,
2. Hotels. hospital or similar 5.000 - 10.000 1
institutions. and places of 10.001 - 50.000 2
public assembly 50.001 - 100.000 3
Each additional 100.000 or 1
major fraction thcrcof
3. Offices or office buildings 20.000 - 50.000 1
50.001 - 100.000 2
Fad) additional 100.000 or 1
major fraction thereof
4. Multi- family dwellings Number of Units
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20 - 150 1
151 - 300 2
Each additional 200 or major 1
fraction thereof
Section 25 -4 -57. Method of determining_number 9f loading spaces.
(a) The gross floor area of a buildi shall he used to deter the required number of loading
spaces for that building.
(b) When a building is used for more than one use. and the gross floor area for each use is below
the minimum requiring a loading space. and the aggregate gross floor area of the several uses exceeds the
minimum floor area of the use category requirin t he greatest number of spaces. at least one loa
space shall be required.
( c) The number of loadingspaces renuircd may be adjusted to fifty percent of the require
number when such spaces are assigned to serve two or more uses jointly. provided that each use has
access to the loading zone without crossing public streets or sidewalks.
(d) When computation of required loading space results in a fractional number. the number of
,spaces required shall be the next high whole number.
Section (25 - 74.] 25 (Off - street loading space.] Dimension of loading spaces.
[(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)] jqj [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
totaloss 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
be at least fourteen feet.
(b) When only one loading space is re a nd flu total gross Floor area is more than fiv
thousand square feet. the horizontal dimensions of the loading space shall he twelve feet wide and fifty
feet long. and the vertical clearance shall be at least fourteen feet.
(c) When more than one loading space is required or the total gross floor area is more than five
t housand square feet . the minimum horizontal dimension of at least half of the required loadings aces
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shall be twelve feet wide and fifty feet long. and the vertical clearance shall be at least fourteen feet. The
balance of the required loading spaces may have horizontal dimensions of ten feet wide and twenty -two
feet long,
fd) The required apron space. or area provided for maneuvering trucks into or out of loading
position. shall be forty -six feet if the loading space width is ten feet. forty -three feet if the loading space
width is twelve feet. and thirty -nine feet if the loading space width is fourteen feet.
Section 25 - 4 - 59. Location and improvement of loading spaces.
f al All required loading spaces shall be located on the building site to which they are
appurtenant. No loading spaces shall be permitted within any street or alley,
fb) Each required loading space shall be identified as such and shall be reserved for loading
purposes.
I( _Ls,. No loading space shall occupy require oft street parking space or restrict access.
(d) Access to anv loading space shall not he directly from or to a street but must be reached
from an on -site access driveway of proper design and width to allow for passage of trucks and necessary
turning movements.
fel All loading spaces and apron spaces or maneuvering areas shall he paved.
Section 125 -76.1 25 -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 125 - 77.1 25 - 4 - 59.2. [Exception[ Exceptions to the off - street parking [regulations;
downtown Hilo.] And loading requirements. The [supplementary] off - street parking [regulations] and
loading requirements of this [division] chapter shall not apply to the following:
fa) [that] That area in the City of Hilo, bounded by Kinoolc 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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fill 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 property designated as tax
man key no: 7 -9 -7:66 to the real property designated as tax man kcv no: 7 -9 -9:22, in Kainaliu, North
Kona.
Section 25 - 4 - 59.3. Landscaping and screening for parking lots and loading spaces.
(al To provide shade in open parking lots and inimize visibility of paved surfaces. parking lots
with more than twelve parking stalls shall provide one canopy form 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 planting areas with low
ground cover centered at the corner of narking stalls may be located within the three -foot overhang space
cf‘ 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.
(b) Parking lots of five or more spaces shall be screened from adjoining lots in RS. RD, RM,
RCX or RA districts by walls, continuous screening hedges. or earth berms a minimum of forty -two
inches high on the abutting property line.
(c) All loading spaces shall he screened from adjoining lots in RS. RD. RM. RCX or RA
districts by a wall six feet in height.
(d) Xeriscape and native Hawaiian plant species shall be encouraged,
(e) All landscaping shall be maintained by the property owner.
[Division 12.] Division 6. Nonconforming Uses[,] and Buildings [and Land].
Section [25 -79.[ 25 -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
thc 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] only be rebuilt [and thc remainder of that
particular nonconforming portion shall he removed or brought into conformity. If the destruction is less
than fifty percent of its replacement value then the destroyed portion may be rebuilt to equal the floor
area before the destruction.] in compliance with all of the requirements under the 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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Section 25 -4 -61, Continuance of nonconforming uses of land and buildings,
[(c)] (a) Any nonconforming use of land or use of a building may continue to the extent it
existed at the time of adoption of this chapter or any amendments hereto, provided [that:] that [(1) A] g
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],
(¢1 [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 - 4 - 64. Maintenance of building with nonconforming use.
[(4)] Any building within which a nonconforming use is conducted may be maintained
and repaired to the extent necessary to keep it in sound condition provided the work shall not exceed
twenty -five percent of the current replacement value of such building in any one calendar year as
determined by the department of public works.
Section 25 -4 -65. Expansion of nonconforming use; changes to building with
nonconforming use.
[(5)] If a use of g 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
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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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Article 5. Zoning District Regulations.
[Article 44 Division 1, RS, Single - Family Residential Districts.
Section [25 -118.1 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 [25 -119.1 25 -5 -2_, Designation of RS districts. Each RS (single - family residential)
district shall be designated on the zoning map by the symbol "RS" followed by a number which specifies
the required minimum building site area in thousands of square feet.
Section [25 -120.1 25 -5 -3, Permitted uses.
(a) The following uses shall be permitted in the RS [districts:] district;
[(1) Single - family dwellings.
(2) Golf courses where the edge of a tee or green is not closer than one hundred feet to
any property line.
(3) Country clubs and golf club houses where no structure or activity area such as pools
and games, is located closer than two hundred feet to any property line.
(4) Neighborhood parks, playgrounds, tennis courts, wading pools, and similar
neighborhood recreational areas and uses.
(5) Growing and gathering of crops, fruits, vegetables, flowers, trees, and other plants
provided no separate building for retail outlet is constructed.
(6) Home occupations.
(7) Family care and family boarding homes.
(8) Buildings and uses normally considered directly accessory to the above permitted
uses.]
(1) Adult day care homes.
(2) Cemeteries and mausoleums. as permitted under chapter 6. article 1 of this code.
(3) Community buildings. as permitted under section 25 -4 -11.
(4) Crop production.
(5) Dwellings. single - family.
(6) Family child care homes,
(J) Group living facilities,
(8) Home occupations. as permitted under section 25 -4 -13,
(9) Meeting facilities,
(10) Model homes. as permitted under section 25 -4 -8,
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(11) Neighborhood narks, playgrounds. tennis courts. swimming pools. and similar
neighborhood recreational areas and uses.
(12) Public uses and structures. as permitted under sectio 25 -4 -11.
(13) Temporary real estate offices. as rermi to under section 25 -4 -8.
(14) Utility substations. as permitted under section 25 -4 -11.
(b) In addition to those uses nermitted under subsection (a) above. the following uses may be
• permitted in the RS district. provided that a use rcrmit is issued for eac, - •
(I) Bed and breakfast establishments as permitted under section 25 -4 -7.
(2) Care homes.
(3) Churches. temples and synagogues.
(4) Crematoriums,
(5) Day care centers.
(6) Golf courses and related golf course uses. including golf driving ranges. golf
maintenance buildings and golf club houses.
(7) Hospitals. sanitariums. old age. convalescent. nursing and rest homes.
(8) Major outdoor amusement and recreation facilities.
(9) Mortuaries.
(10) Schools,
(11) Telecommunication antennas and towers.
(12) Yacht harbors and boating facilities.
( c) Buildings and use n ormall y c d irectly accessory to the uses perm itted in this
section shall also be permitted in the RS district.
Section [25 - 121.[ 25 - 5 - 4. Height [limits.] limit, The height [limits] limit in the RS district
shall be thirty - five feet.
Section [25 - 122.] 25 - 5 - 5. Minimum building site [areas.] area. [No RS district shall be
designated as having a] The 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.] 25 - 5 - 6. Minimum building site average width. Each building site in [an]
th_e 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 - 124.1 25 - 5 - 7. Minimum yards.
(a) The minimum [yard requirements] yards in [an] the RS district shall be as follows:
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(1) On a building site with a required area of seven thousand five hundred square feet to
and including nine thousand nine hundred ninety - nine square feet:
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet[.] for a one story building. and ten feet for a two -story
building.
(2) On a building site with a required area of ten thousand square feet to and including
nineteen thousand nine hundred ninety -nine square feet:
(A) Front and rear yards, twenty feet; and
(B) Side yards, ten feet[.] for a one story building. plus one additional foot for
each additional story.
(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 125 Other regulations.
(a) There may be more than one single - family dwelling on each building site in an RS district
provided there is not Tess than the required minimum building site area for each dwelling.
(b) One guest house. in addition to a single- family dwelling. may be located on any building site
in the RS district.
(c) An ohana dwelling may be located on any building site in the RS district. as permitted under
article 6. division 3 of this chapter.
[(b)] u if a legal building site in [any] the RS district has less area or average width than is
required, then the yard requirements for the building site shall be the same as in the RS district having
the largest requirements for which the building site can comply.
[(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.]
fe) Exceptions to the regulations for the RS district regarding heights. building site areas,
building site average widths and yards. may be approved by the director within a planned unit
development. cluster plan development.
[Article 51 Division 2. RD, Double - Family Residential Districts.
Section 125 -1261 25 -5 -20. Purpose and applicability. The [double - family residential or] RD
(double - familv residential) district provides for moderate density [areas] I e characterized by the
establishment of single- or double - family dwellings on cach 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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Section 125 -127.1 25 -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 -128.1 25 -5 -22, Permitted uses.
(a) The following uses shall be permitted in the RD [districts:] district:
[(1) Same as the permitted uses in RS districts.]
(1) Adult day cart homes.
(2) Bed and breakfast establishments as permitted under section 25 -4 -7.
(3) Cemeteries and mausoleums. as permitted under chapter 6. article 1 of this code.
(4) Community buildings. as permitted under section 25 -4 -11.
(5) Cron production,
[(2)] (6) [Duplex or double - family dwellings.] Dwellings. double- family or duplex.
(7) Dwellings. single - family.
(8) Family child care homes.
(9) Group living facilities.
(10) Home occupations. as permitted under section 25 -4 -13.
(11) Meeting facilities.
(121 Model homes. as permitted under section 25 -4 -8.
(13) Neighborhood Darks. playgrounds. tennis courts. swimming pools. and similar
neighborhood recreational areas and uses
(14) Public uses and structures. as permitted under section 25 -4 -11.
(151 Temporary real estate offices. as permitted under section 25 -4 -8.
(16) Iltility substations. as permitted under section 25 -4 -11.
(b) In addition to those uses permitted under subsection (a) above. the following uses may be
permitted in the RD district. provided that a use permit is issued for each use:
(11 Care homes.
(21 Churches. temples and synagogues.
(3) Crematoriums.
(4) Day care centers.
(5) Golf courses and related golf course uses. including golf driving ranges golf
maintenance buildings and golf club houses.
'(6) Hospitals. sanitariums. old age. convalescent. nursing and rest hones.
(7) Major outdoor amusement and recreation facilities.
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(81 Mortuaries.
(91 Schools.
(10) Telecommunication antennas and towers.
(I 11 Yacht harbors and boating facilities.
(cl Buildings and uses normally considered directly accessory to the uses permitted under this
section shall also be permitted in the RD district.
Section [25 Height [limits./ limit. The height [limits] limit in the RD [districts]
district shall be [the same as the height limits in RS districts.] thirty -five feet.
Section [25 - 130.] 25 - 5 - 24. Minimum building site area [or lot size]. The minimum building
site area [or lot size] in [an] the RD district shall be seven thousand five hundred square feet.
Section [25 - 131.] 25 - 5 - 25. Minimum building site average width. [The minimum building
site average width requirements in the RD district shall be the same as the minimum building site
average width in RS districts.] Each building site in the RD district shall have a minimum average width
of sixty feet. plus two feet for each five hundred square feet of required building site area in excess of
seven thousand five hundred square feet. except th building site shall be required to hve a an average
n o
width of more than one hundred fifty feet.
Section 125 - 132.1 25 - 5 - 26. Minimum yards. [The minimum yard requirements in the RD
district shall be the same as the minimum yard requirements in RS districts.]
(a) The minimum yards in the RD district shall be as follows:
(1) On a building site with a required area of seven thousand five hundred square feet to
and including nine thousand nine hundred ninety -nine square feet:
. (A) Front and rear yards. fifteen feet: and
( B) Side yards, tight feet for a one story building and ten feet for a two -story
buildine.
(2) On a huilding site with a required area of ten thousand square feet to and including
nineteen thousand nine hundred ninety-nine square feet:
(A) Front and rear yards. twenty feet: and
(B) Side yards. ten feet for a one story building. plus one additional foot for
each additional story.
(3) On a huilding site with a required area of twenty thousand sauare feet or more;
(A) Front and rear yards. twenty -five feet: and
(13) Side yards. fifteen feet.
Section 125 -133.1 25 -5 -27. Other regulations.
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(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] � RD district.
[(c) Location of required off - street parking shall be the same as specified for RS districts.]
fc 1 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 RD district regarding heights. building site areas,
building site average widths and yards. may he approved by the director within a planned unit
development,
[ Article 6.] Division 3. RM, Multiple- Family Residential Districts.
Section 125 -134.1 25 -5 -30, Purpose and applicability. The RM (multiple - family residential)
district provides for medium and high density residential use. It covers areas with full community
facilities and services. It may occupy transition areas between commercial or industrial areas and other
districts of less intense land use.
Section 125 - 135.1 25 - 5 - 31. Designation and density of RM districts.
(a) Each RM (multiple - family residential) district shall be designated on the zoning map by the
symbol "RM" followed by a number which [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 the RM [districts.] district.
(c) The maximum density designation in [an] the RM district shall be .75 [which means] or
seven hundred fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In [an] the RM district the following density designations shall be used: .75, I, 1.5, 2, 2.5, 3,
3.5, 4 and upward in 0.5 increments.
Section 125 - 136.1 25 - 5 - 32. Permitted uses.
(a) The following uses shall be permitted in the 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.
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(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.]
(1) Adult day care homes.
(2) Bed and breakfast establishments. as permitted under section 25 -4 -7.
(3) Boarding facilities. rooming. or lodging houses.
(4) Cemeteries and mausoleums. as permitted under chapter 6. article 1 of this code.
(5) Commercial or personal service uses. on a small scale. as approved by the director,
provided that the total gross floor area does not exceed one thousand two hundred sauare feet and 4
maximum of five employees,
(6) Community buildings. as permitted under section 25 -4 -1 1,
(7) Crop production,
(8) Dwellings. double - family or duplex.
(9) Dwellings. multiple- family.
(10) Dwellings. single - family,
(1 I) Family child care homes.
(12) Group living facilities,
(13) Home occupations. as permitted under section 25 -4 -13.
(14) Meeting facilities.
(15) Model homes, as permitted under section 25 -4 -8.
(16) Neighborhood parks. playgrounds, tennis courts. swimming pools. and similar
neighborhood recreational areas and uses.
(17) Public uses and structures. as permitted under section 25 -4 -11.
(18) Temporary real estate offices. as permitted under section 25 -4 -8.
(19) Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern allocation
guide (L11PAG) map,
(B) Areas determined by the director to be within resort areas identified by the
general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council. by resolution.
f20) Utility substations. as permitted under section 25 -4 -11.
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(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.
(3) Crematoriums.
(4) Day care centers.
(5) Golf courses and related golf course uses. includinggolf driving ranges. golf
maintenance buildings and golf club houses.
(6) Hospitals. sanitariums, old age. convalescent. nursing and rest homes.
(7) Major outdoor amusement and recreation facilities.
J8) Mortuaries.
J 9) Schools.
J 10) Telecommunication antennas and towers.
(1 Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in this
section shall also be permitted in the RM district.
Section 125 - 137.1 25 - 5 - 33. Height [limits.] limit,
(a) In areas in the County [other than] outside of the City of Hilo, the height [limits] limit in ttg
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 - 138.1 25 - 5 - 34, Minimum building site area. [Each] The minimum building site in
[an] L e RM district shall [contain a minimum of] be seven thousand five hundred square feet.
Section 125 - 139.1 25 - 5 - 35. Minimum building site average width. Each building site in [an]
the RM district shall have a minimum average width of sixty feet.
Section 125 - 140.1 25 - - 36. Minimum yards. Minimum yards in [an] the RM district shall be as
follows:
(I) Front and rear yards[:], twenty feet[]; and
(2) Side yards[:], eight feet for a one story building, [eight feet] plus an additional two
feet for each additional story [permitted].
Section 25 - - 37. Landscaping. Landscaping shall he provided on a minimum of twen y
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 buildina site.
Section ]25 -141.] 25 -5 -38. Other regulations.
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(a) There may be more than one main building on any building site in [an] the RM district.
(b) Distance between buildings on the same building site in [an] the RM district shall be at least
fifteen feet.
(c) Plan approval [is] shall be required [of] f all [uses and] new buildings and additions to
existing buildings in [an] t e RM district.
(d) Exceptions to the regulations for the RM district regarding heights. building site areas,
building site average widths and yards. may be approved by the director within a planned unit
development.
Division 4. RCX, Residen - Co mmercial Mixed Use Districts.
Section 25 -5 -40. Purpose and applicability. The RCX (residential commercial mixed use)
district provides for the mixing of some small -scale service type commercial uses in a district that is
primarily residential in character. The intent of this district is to allow a residential area to have certain
convenience type of commercial uses so as to provide more of a neighborhood character to the
residential area,
Section 25 - 5 - 41. Designation and density of RCX districts,
(a) Each RCX (residential - commercial mixed use) district shall be designated on the zoning map
by the symbol "RCX" followed by a number which indicates the required land area. in thousands of
square feet for each dwelling unit. or for each separate rentable unit in the case of boarding. rooming. or
Dodging houses. fraternity or sorority houses. or for each commercial unit.
(b) In case any of the permitted uses have dormitories. two beds shall be equivalent to one
sep. rate rentable unit for purposes related to the required land area in the RCX district.
(el The maximum density designation in the RCX district shall be .75 which means seven
hundred fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In the RCX district the following density designations shall be used: .75. 1. 1.5.2.2.5. 3,
3.5, 4 and upward in 0.5 increments,
Section 25 - 5 - 42. Permitted uses.
(a) The following uses shall be •ermittcd in the RC distr'ct-
(1) Adult day care homes.
(2) Bed and breakfast establishments. as permitted under section 25 -4 -7,
(3) Boarding facilities. rooming, or lodging houses,
(4) Cemeteries and mausoleums. as permitted under chanter 6. article 1 of this code.
(5) Churches. temples and synagogues.
(6) Commercial or personal service uses. on a small scale. as approved by the director,
(7) Community buildings, as permitted under section 25 -4 -11.
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(8) Convenience stores.
(9) Crop production.
(10) Day care centers.
f 11 Dwellings. double-family or duplex.
(12) Dwellings. multiple - family,
(13) Dwellings. single- family.
(14) Family child care homes.
( 15) Group living facilities.
(16) llome occupations. as I itted under section 25 -
(17) Medical clinics.
(18) Meeting facilities.
(19) Model homes. as permitted under section 25 -4 -8.
(20) Neighborhood parks. playgrounds. tennis courts. swimming_pools. and similar
neighborhood recreational areas and uses,
(21) Public uses and structures. as permitted under section 25-4-11,
(22) Restaurants.
(23) Schools.
(24) Utility substations. as permitted under section 25 -4 -11,
( b) In addition to those uses permitted under subsection (a) above. the following uses may he
permitted in the RCX district. provided that a use permit is issued for each use:
(1) Care homes.
(2) Crematoriums.
(3) Golf courses and related golf course uses. including golf driving ranges. golf
maintenance buildings and golf club houses,
(4) Hospitals. sanitariums. old age. convalescent. nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Mortuaries.
(7) Telecommunication antennas and towers.
(8) Yacht harbors and boating facilities,
(c) Buildings and uses normally considered directly accessory to the above uses shall also he
permitted in the RCX district.
Section 25 - - 43. Height limit. The height limit in the RCX district shall he forty -five feet.
Section 25 - - 44. Minimum buildinn site arca. The minimum building site area in the RCX
district shall be seven thousand five hundred square feet.
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Section 25 -5 -45. Minimum building site averavc width. Each building site in the RCX
district shall have a minimum average width of sixty feet.
Section 25-5-46. Minimum yards Minimum y ards i the RC district shall he as follows-
( 11 Front and rear yards: twenty feet: and
( 21 Side yards. eight feet for a one story building. plus an additional two feet for each
additional story.
Section 25 - - 47. Landscaping. landscaping shall be provided on a minimum of twenty
percent of the total land area of any building site in the RCX district. Parking areas shall not be included
within the area required for landscaping on any building site.
Section 25 - 5 - 48. Commercial use restrictions.
fa) Where commercial uses are integrated with residential uses in the RCX district. pedestrian
access to the dwelling shall be independent from other uses and shall be designed to enhance privacy for
residents.
fb) No floor of any building in the RCX district shall be used for both dwelling and commercial
purposes,
Section 25 - 5 - 49. Other regulations.
fa) There may be more than one main building on any building site in the RCX district.
fbl Distance between buildings on the same building site in the RCX district shall be at least
fifteen feet,
fcl Plan approval shall be required for all new buildings and additions to existing boil inns in
the RCX district,
(d) Exceptions to the regulations for the RCX district regarding heights. building site areas,
huilding site average widths and vards. may be approved by the director within a planned unit
development.
[Article 7.] Division 5. RA, Residential and Agricultural Districts.
Section 125 -142.1 25 -5 -50. Purpose and applicability. The RA (residential and agricultural)
district provides for activities or uses characterized by low density [large lot suburban or rural areas
where the principal use is residential mixed with compatible agricultural uses. It may be characterized
by residential estates, small fauns, or subsistence Tots.] residential lots in rural areas where "city- like"
concentrations of people, structures. streets, and urban level of services are absent, and where small
farms are intermixed with low density residential lots. The RA district is intended to be only within
areas designated as being in the state land use rural or urban districts.
Section [25 - 143.1 25 - 5 - 51. Designation of RA districts. Each RA (residential and agricultural)
district shall be designated on the zoning map by the symbol "RA" followed by a number and the lower
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case letter "a" which [shall indicate] indicates the required or minimum number of acres [per] for each
building site. For example RA -la means a residential agricultural district with a minimum building site
area of one acre.
Section 125 - 144. 25 - 5 - 52. Permitted uses.
(a) The following uses shall be permitted in the RA [districts:] district:
[(1) One single - family dwelling per building site.
(2) Botanical gardens, nurseries and green houses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uscs dealing with the growing of plants.
(3) Truck gardening, crop, bush and tree farming, and all forms of plant agriculture.
• (4) Except for cooking and canning, any physical processing, storage and sale of plant
products produced on the premises; provided that the site or buildings used for such processing, storage
or sale shall be located at least seventy -five feet from any street bounding the property.
(5) The raising or keeping of animals, except pigs, for home use or for sale elsewhere,
provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house,
hutch, or other enclosure for the keeping of any permitted animal shall be located at least sixty feet from
any residence. In case the adjoining lot is vacant and subsequently a residence is built on that lot, the
animal enclosure shall be moved to conform to this requirement.
(6) The raising and keeping of pigs, provided that:
(A) The requirements of the department of health are met;
(B) It is consistent with the development character of the neighborhood;
(C) The parcel of land contains three or more acres; and
(D) Any building or enclosure for the keeping of pigs be at least sixty feet from
any property line.
(7) Golf courses, country clubs, swimming parks, tennis clubs and courts, and other
similar recreational uses.
(8) Public parks, public playground, and other similar public recreational areas that are
essentially open lands.
(9) Home occupations.
(10) Commercial or boarding stables, when on a parcel of land containing at least five
acres.
(11) Private clubs, lodges, hunting and fishing lodges, and fraternal and social orders.
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(12) Guest or resort ranches.
(13) Airfields, heliports and private landing strips.
(14) Driving ranges, drive -in theaters, stadiums, sports arenas, and other similar open air
recreational uses.
(15) Veterinarian's office. clinic or animal hospital involving in- patient boarding only.
(16) Aquaculture activity.
(17) Subject to the approval by the director, buildings and uses accessory to the above
permitted uses.]
(11 Adult day care homes.
(2) Agricultural products processing. minor. provided that the site or buildings used for
such processing. shall he located at least seventy -five feet from any street bounding the building site.
(3) Animal hospitals.
(4) Aquaculture.
(51 Botanical gardens. nurseries and green houses. seed farms. plant experimental,
stations. arboretums. floriculture. and similar uses dealing with the growing ofplants.
(6) Cemeteries and mausoleums. as permitted under chapter 6. article 1 of this code,
(7) Crop production.
(8) Dwelling. single- family. one per building site.
(9) Family child care homes.
(10) Group living facilities.
(11) Kennels. provided that the building site is a minimum of five acres in area and the
structures are located at least one hundred feet away from anv lot line,
(12) Livestock production (excluding pigs). provided that:
( A) The reouirements of the department of health are met;
• (B) Approval of the director is obtained: and
(C 1 Any feed or water area. salt lick. corral. run. barn. shed. stable. house,
hutch. or other enclosure for the keeping of any permitted animal shall be located at least seventy -five
feet from any lot line,
(13) Parks. playgrounds. tennis courts. swimming pools. and other similar open area
recreational facilities.
(14) Public uses and structures. as permitted under section 25-4-11.
(15) Roadside stands for the sale of agricultural products grown on the premises.
(16) Stables. commercial or boarding. provided that the building site is a minimum of
five acres in area and the structures are located at least one hundred feet away from any lot line.
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(1 7) Telecommunications antennas. as permitted under section 25 -4 -12.
f 18) Utility substations. as permitted under section 25 -4 -11,
(19) Veterinary establishments.
(b) The following use may be permitted in the RA district. provided that a use permit is issued
for each use -
(1) Golf courses and related golf course uses. including golf driving ranges. golf
maintenance buildings and golf club houses.
(e) The following uses may he permitted in the RA district. provided that if a building site is
located within the state land use urban rural district. the following uses may be permitted if a special
permit is obtained for such use:
(1) Bed and breakfast establishments. as permitted under section 25 -4 -7.
(2) Community buildings. as permitted under section 25 -4 -11.
(3) Country clubs. tennis clubs and other similar recreational facilities which include
buildings or indoor recreational features.
(4) Drive -in theaters.
(5) Guest ranches.
(6) Horne occupations. as permitted under section 25 -4 -13,
(7) Lodges.
(8) Meeting facilities.
(9) Model homes, as permitted under section 25 -4 -8,
(10) Temporary real estate offices. as 'ermined under sectio 2 -4 -8.
f 1) Uses, other than those specifically listed in this section. which mect the standards
for a special permit under chapter 205, Hawaii Revised Statutes.
(d) The following uses may he permitted in the RA district. rovided that a use 'erm' i i ued
for each use if the building site is within the state land use urban district or a special permit is issued for
each use if the building site is within the state land use rural district:
(1) Crematoriums,
(2) Churches. temples and synagogues.
(3) Day care centers.
(4) Hospitals. sanitariums, old age. convalescent. nursing and rest homes,
(5) Major outdoor amusement and recreation facilities. includes stadiums. sports
arenas. and other similar open air recreational uses.
(6) Mortuaries.
(7) Schools.
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(8) Yacht harbors and boating facilities,
(el Buildings and uses accessory to the uses permitted in this section shall also be permitted in
the RA district.
Section [25 -145.] 25 -5 -53. Height [limits.] limit. The height [limits] limit in t e RA [districts]
district shall be thirty -five feet.
Section [25 -146.] 25 -5 -54. Minimum building site area. The minimum building site area [to
be designated for any] in the RA district shall be one -half acre[; other], RA districts having larger areas
may be designated in increments of one -half acre up to a recommended maximum of three acres. This
recommended maximum does not specify an absolute upper limit[.] for any building site in the RA
district
Section [25 - 147.J 25 - 5 - 55. Minimum building site average width. Each building site in the
RA district [must] shall have a minimum average width of one hundred feet for the [initial] first one -half
acre of required area plus twenty feet for each additional one -half acre of required area; provided that no
building site shall be required to have an average width greater than three hundred feet.
Section [25 - 148.[ 25 - - 56. Minimum yards. [(a)] Minimum yards in the RA [districts] district
shall be as follows:
(1) Front and rear yards[:], twenty -five feet[]; and
(2) Side yards[:], fifteen feet.
Section [25 - 149.] 25 - 5 - 57, Other regulations. [If any legal building site in any RA district has
an area less than one -half acre, then the yard and height requirements for the building site shall be the
same as in the RS districts.]
(g) If any legal building site in the RA district has an area less than one -half acre then the yard
and height requirements for the building site shall be the same as the yard requirements for the RS
district.
(h) Plan approval shall be required prior to the construction or installation of any new structure
or development. or of any addition to an existing structure or development which is used for minor
agricultural products processing.
(c 1 An ohana dwelling may he located on any building site in the RA district. as permitted under
article 6. division 3 of this chapter.
(d) Exectitions to the regulations for the RA district regarding heights. building site areas .
building site average widths and yards. may be approved by the director within a planned unit
development pursuant to article 6. division 1 of this chanter.
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Division 6. FA, Family Agricultural Districts.
Section 25 - - 60. Purpose and applicability. The FA (Family Agricultural) district provides
for a blend of small -scale agricultural operations associated with residential activities and which may
be characterized by farm estates. small acreage farms. or subsistence lots. The FA district is intended to
be in areas designated as being within the state land use agricultural district. where rublic service . I
infrastructure are appropriate to support the vcry low density residential needs of a rural community and
where s u bs t a ntial number of parcels are less than five acre in size, and where a mix of uses will not
conflict with or be detrimental to existing agricultural uses in the surrounding area. •
in addition. this district is intended to be primarily comprised of agricultural lands less than five
acres in area. which are not classified as A or B lands under the land study bureau's master productivity
rating. or classified as prints. unique. or other important agricultural lands. Provided. that this district
may include lands so classified if the lands are situated within an urban ex ansion or of er u • ,n
designation under the general plan land use pattern allocation guide (LIIPAG) map.
Section 25 - - 61, Designation of FA districts. Each FA (family agricultural) district shall he
designated on the zoning map by the symbol "FA" followed by a number and the lower case letter "a"
•
which indicates the required number of acres for each building site, For example. FA -la means a family
agricultural district with a minimum building site area of one acre,
Section 25 - - . Permitted uses.
(a) The following uses shall he permitted in FA districts:
(1) Agricultural products processing. minor. provided that the area or buil, ings used for
web processing. shall he located at least seventy -five feet from any street.
(2) Animal hospitals.
(3) Aquaculture.
(4) Botanical gardens. nurseries and green houses. seed farms. plant experimental
stations. arboretums. floriculture. and similar uses dealing with the growing of plants, •
(5) Campgrounds. parks. playgrounds. tennis courts. swimming pools. and other similar
open area recreational facilities. where none of the recreational features are entirely enclosed in a
building.
(6) Crop production.
J 7) Cemeteries and mausoleums. as permitted under chapter 6. article 1 of this code,
J 8) Dwelling. single - family. as permitted under chapter 205. Hawaii Revised Statutes
and as permitted under section 25- 5- 67(b).
(9) Farm dwellings. as permitted under section 25- 5 -67(b) and (c).
(10) Game and fish propagation.
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(1 1) Group living facilities.
•
112) Kennels.
(13) Livestock. grazing: provided that any feed or water area. salt lick. corral. run. barn,
shed. stable. house. hutch. or other enclosure for the keening of any permitted animals shall be located at
least seventy -five feet from any lot line.
(14) Public uses and structures. necessary for agricultural practices.
(15) Retention. restoration. rehabilitation. or improvement of buildings or sites of
historic or scenic interest.
(16) Riding academies. and rental or hoarding stables.
(17) Roadside stands for the sale of agricultural products grown on the premises.
(18) Telecommunications antennas. as permitted under section 25 -4 -12.
(19) Utility substations. as permitted under section 25 -4 -1 1.
(20) Vehicle and equipment storage areas that are directly accessory to aquaculture. crop
Production. game and fish propagation. and livestock grazing,
(21) Veterinary establishments.
J b) The following use may he permitted in the FA district. provided that a use permit is issued
for each use:
(1) Golf courses and related golf course uses. including golf driving ranges. golf
maintenance buildings and golf club houses.
(c) The following uses may he permitted in the FA district. provided that a s recial I er i
obtained for such use if the building site is located within the state land use agricultural district:
(11 Adult day care homes.
(21 Bed and breakfast establishments. as permitted under section 25 -4 -7,
. (31 Community buildings. as permitted under section 25 -4 -11.
(4) Family child care homes.
(5) Home occupations. as permitted under section 25 -4 -13.
(6) Meeting facilities.
(7) Model homes. as permitted under section 25 -4 -8.
(8) Public uses and structures. other than those necessary for agricultural practices. as
provided under section 25 -4 -11.
(9) Temporary real estate offices. as permitted under section 25 -4 -8.
(10) Uses. other than those specifically listed in this section. which meet the standards
for a special permit under chapter 205. Hawaii Revised Statutes.
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(d) The following uses may be permitted in the FA district. provided that a use permit is issues(
for each use if the building site is outside of the state land use agricultural district or a special permit is
jssued for each use if the building site is within the state land use agricultural district;
f 1 Churches. temples and synagogues.
(2) Day care centers.
(3) Hospitals. sanitariums. old age. convalescent. nursing and rest homes.
(4) Major outdoor amusement and recreation facilities. includes stadiums. sports
arenas. and other similar open air recreational uses.
(5) Mortuaries.
(6) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in
the FA district.
Section 25 -5 -63. Height limits. The height limit in FA districts shall be thirty -five feet for anv
residential structure. including anv single - family dwelling or farm dwelling. and forty -five feet for all
other structures.
Section 25 - 5 - 64. Minimum building site area. The minimum building site area in the FA
district shall be one acre. Other FA districts having larger areas may he designated in increments of one
acre up to a recommended maximum of five acres.
Section 25 - 5 - 65. Minimum building site average width. Each building site in the FA district
must have a minimum average width of one hundred twenty feet for the initial one acre of required area
plus twenty feet for each additional acre of required area: provided that no building site shall be required
to have an average width greater than three hundred feet.
Section 25 - 5 - 66. Minimum yards.
(a) •Except as otherwise provided in this section. the minimum yards in the FA district shall he
thirty feet for front and rear yards and twenty feet for side yards.
(b) In the FA district. accessory buildings and enclosures (other than fences under eight feet
'ugh) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear
property lines.
(c 1 Appropriate additional setbacks from adjacent residential zoned lands may be required by
the director for those facilities and uses which may include more frequently used machinery and
equipment in order to minimize potential lighting. odor. vector and air and water quality impacts,
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Section 25 -5 -67. Other regulations.
fa) If any legal huilding site in an FA district has an area of less than one acre. then the yard and
height requirements for the building site shall be the same as the yard and height reauirements in the RA
district,
(b) One single- family dwelling or one farm dwelling shall be permitted on any building site in
the FA district. A farm dwelling is a single - family dwelling located on or uscd in connection with a farm
or if the agricultural activity provides income to the family occupying the dwelling.
fc ) Additional farm dwellings may be permitted in the FA district only upon the following
conditions:
( 11 A farm dwelling agreeme for each additiona farm dwellin g. on a form pre an
the director. shall he executed between the owner of the building site. any lessee having a lease on the
building site with a term exceeding one year from the date of the farm dwelling agreement. and the
County. The agreement shall require the dwelling to be used for farm- related purposes,
(21 The applicant shall submit an agricultural development and use program. farm plan
or other evidence of the applicant's continual agricultural productivity or farming operation within the
County to the director. Such plan shall also show how the farm dwelling will he utilized for faun- related(
purposes,
(dl An ohana dwelling may be located on any building site in the FA district. as permitted under
article 6. division 3 of this chapter,
fel Exceptions to the regulations for the FA district regarding heights. building site areas,
building site average widths and yards. may be approved by the director within a planned unit
development.
(f) Plan approval shall be required prior to the construction or installation of any new structure
or development. or of any addition to an existing structure or development which is used for minor
agricultural products processing,
[Article 8.1 Division 7. A, Agricultural Districts.
Section 125 - 150.1 25 -5 -70. Purpose and applicability. The A (agricultural) district provides
for agricultural and very low density agriculturally -based residential use, [those rural lands suitable for
agriculture and those suburban and rural lands having potential suitability for other uses but the time for
zoning for the other uses is not yet appropriate or facilities to accommodate the expected density are not
yet available. It applies to] encompassing rural areas of good to marginal agricultural and grazing land
[or suburban or rural areas subject to] .forest land. game habitats. and areas where urbanization[, and a
higher density use.] is not found to be appropriate.
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Section 125 -151.1 25 -5 -71. Designation of A districts. Each A (agricultural) district shall be
designated on the zoning map by the symbol "A" followed by a number together with the lower case
letter "a" which [shall indicate] indicates the required or minimum number of acres [per] for each
building site [(e.g., A -I Oa means an agricultural district with a required site area of ten acres)]. For
example. A -IOa means an agricultural district with a minimum building site area of ten acres,
Section 125 - 152.1 25 - 5 - 72. Permitted uses.
[(a) The permitted uses in A districts shall be as follows:
(1) One single - family dwelling per building site.
(2) All forms of agriculture; the growing and gathering of crops, fruits, vegetables,
flowers, trees, and other plants; the raising and keeping of animals and fowls except as limited in
paragraph (9) of this section.
(3) Country clubs, parks, playgrounds, tennis courts, and other similar recreational areas
that are essentially open lands and where none of the recreational features are entirely enclosed in a
building.
(4) Private clubs or lodges, hunting or fishing lodges, and fraternal and social orders.
(5) Trailer parks with density of three thousand five hundred square feet of land area per
trailer and with plan approval of the director.
(6) Hone occupations.
(7) Dormitories and additional single- family dwellings for persons employed on the
premises when found to be necessary to the conduct of an agricultural use by the director.
(8) Public dumps.
(9) Piggeries, apiaries, and pen feeding of livestock when not closer than one thousand
feet to any major public road or to any district other than a U district on sites approved by the department
of health and the director.
(10) Airfields, heliports, and private landing strips.
(11) Commercial fertilizer yard utilizing only manure and soil.
(12) The killing slaughtering or dressing for market of animals produced on the
premises.
(13) Fish and poultry hatcheries, including aquaculture activity.
(14) Processing of agricultural products, which are raised or produced by an
agriculturist, who shall substantiate such agricultural activity by the submittal of a general excise tax
license to the planning department for acceptance. The processing facility(ies), which may include
activities of milling, pulping, drying, roasting, hulling, storing, packing, shipping and selling, shall
secure final plan approval from the planning department. The setback requirements for the processing
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facility may be increased at the time of plan approval eeview to minimize potential noise, lighting, odor,
vector and air quality impacts. Additional mitigation measures, such as landscaping, may be imposed to
reduce impacts to surrounding properties.
(15) Processing of agricultural products, which are raised or produced by the
agriculturist as accepted in section 25 -152 (a)(14) and by other agriculturists; provided the processing
facility(ies), which may include activities of milling, pulping, drying, roasting, hulling, storing, packing,
shipping and selling, shall secure final plan approval from the planning department. The setback
requirements for the processing facility may be increased at the time of plan approval review to
minimize potential noise, lighting, odor, vector and air quality impacts. Additional mitigation measures,
such as landscaping, may be imposed to reduce impacts to surrounding properties.
(16) Riding academies, rental or boarding stables, dog kennels and catteries.
(17) Animal hospitals.
(18) Commercial excavation or removal of natural building material or minerals.
(19) Guest ranches.
(20) Hunting and fishing lodges and preserves.
(21) Use and buildings normally considered accessory to the above permitted uses
subject to the approval of the director.]
(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing. major and minor.
(3) Animal hospitals.
(4) Aquaculture.
(5) Botanical gardens. nurseries and green houses. seed farms. plant experimental
stations. arboretums. floriculture. and similar uses dealing with the growing of plants,
(6) Campgrounds. parks. playgrounds. tennis courts. swimming pools. and other similar
open area recreational facilities. where none of the recreational features are entirely enclosed in a
building.
(7) Cemeteries and mausoleums. as permitted under Chapter 6. article 1 of this code,
(8) Crop production.
(9) Dwelling. single - family. as permitted under chapter 205. Hawaii Revised Statutes
and as permitted under section 25- 5- 77(b).
(10) Farm dwellings. as permitted under section 25- 5 -77(b) and (c).
(I 1) Fertilizer yards utilizing only manure and soil. for commercial use.
(12) Forestry,
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(13) Game and fish propagation,
(14) Group living facilities.
1 1 5 ) Kennels, •
(16) Livestock production. provided that piggeries. apiaries. and pen feeding of
livestock shall only be located on sites approved by the state department of health and the director. and
must be located no closer than one thousand feet away from any major public street or from any other
zoning district.
(17) Public uses and structures which are necessary for agricultural practices.
(18) Retention. restoration. rehabilitation. or improvement of building or sites of historic
or scenic interest.
(19) Riding academies, and rental or hoarding stables.
(20) Roadside stands for the sale of agricultural products grown on the premises,
(21) Telccommuriication antennas. as permitted under section 25 -4 -12.
(22) Utility substations. as permitted under section 25-4-11.
(23) Vehicle and equipment storage areas that are directly accessory to aquaculture,
crop production. game and fish propagation, livestock grazing and livestock production.
(24) Veterinary establishments,
(25) Wind energy facilities.
(b) The following use may be permitted in the A district. provided that a use permit is issued for
each use:
(1) Golf courses and related golf course uses. including golf driving ranges. golf
maintenance buildings and golf club houses.
(c 1 The following uses may be permitted in the A district. provided that a special permit is
obtained for such use if t he b uildin g site i l withi the state land use agricultur district:
(11 Adult day care homes.
(2) Airfields. heliports, and private landing strips.
(3) Bed and breakfast establishments. as permitted under section 25 -4 -7.
(4) Community buildings. as permitted under section 25 -4 -11,
(5) Excavation or removal of natural building material or minerals. for commercial use.
(6) Family child care homes.
(7) Guest ranches.
(81 lime occupations. as permitted under section 25 -4 -13.
(9) Lodges,
(10) Meeting facilities,
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(11) Model homes. as permitted under section 25 -4 -8.
( 12) Public dumps.
( 13) Public uses and structures. other than those necessary for agricultural practices. as
provided under section 25 -4 -1
(14) Temporary real estate offices. as permitted under section 254-8.
(15) Trailer parks with density of three thousand five hundred square feet of land area
per trailer. provided that plan approval is secured prior to commencing such use.
(16) Uses, other than those specifically listed in this section. which meet the standards
for a special permit under chapter 205. Hawaii Revised S tatutes.
(d) The following uses may he permitted in the A district. provided that a use permit is issued for
each use if the building site is outside of the state land use agricultural district or a special permit is
issued for each use if the building site is within the state land use agricultural district:
(1) Crematoriums,
(2) Churches. temples and synagogues,
(3) Day care centers.
(4) Hospitals. sanitariums. old age. convalescent nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Mortuaries.
(7) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be permitted ip
the A district.
(f) No building site shall be established after December 1. 1996 which shall in any way restrict
or limit aquacu ture, horticulture. production of crops. keeping of livestock. game and fish propagation,
or the processing. sale or other commercial use of the products of such uses.
' Section J25 -153.] 25 -5 -73. Height ]limits.] limit. The height [limits] limit in the A [districts]
district shall be t hirty -five feet for any residential struct i ncluding any single- family dwelling. o r
farm dwelling. and forty -five feet for all other structures. The director may. however. permit by plan
approval. any non - residential agricultural structures to he constructed to a height of one hundred feet. if
the director determines that the additional height above the forty -five foot height limit is necessary,
Section f25 - 154.J 25 - 5 - 74, Minimum building site area. [The minimum building site area to
be designated for any A district shall be one acre. Other A districts having larger areas may be
designated in increments of one acre up to a recommended maximum of ten thousand acres.] The
minimum building site area in the A district shall he five acres.
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Section [25-155425-5-75. Minimum building site average width. [Each building site must
have a minimum average width of one hundred twenty feet for the first acre of required area plus twenty
feet for each additional acre of required arca. The maximum required average width for any building site
shall be one thousand feet.] Each building site in the A district shall have a minimum average width of
two hundred feet for the first five acres of required area plus twenty feet for each additional acre of
required area. Provided that no building site shall he required to have an average width greater than one
thousand feet.
Section 125 - 1561 25 - 5 - 76. Minimum yards.
(a) Except as otherwise provided in [other subsections of] this section, the minimum yards
[required] in the A [districts] district [are as follows:
(1) Front] shall be thirty feet for front and rear [yard:] yards, and
[(2) Side yard:] twenty feet[.] for side yards.
[(b) In A districts accessory buildings and enclosures (other than fences under eight feet high) for
the shelter and confinement of any livestock shall he at least one hundred feet from the front property
line.]
[(c)] (12) For accessory uses such as saran shade and similar fabric shade structures used in
controlling amount of sunlight in the raising of plants and flowers, side and front yards in the A
[districts] district shall be at least ten feet, except where the A [districts] district [share] shares common
boundaries with urban zones and main government roads.
[(d)](c) For accessory uses such as plastic roofed and saran shade wooden or metal framed
structures used in controlling the amount of sunlight, rainfall, wind and other elements of nature in the
raising of fruits, vegetables and similar agricultural products, side and front yards shall be at least ten
feet except where:
(1) Exterior walls of any type other than saran [is] are added to the wooden or metal
framed structure;
(2) The specific use allowed is abandoned; and
(3) The A district shares common boundaries with urban zones and main government
roads.
Section [25 Other regulations.
La) If any legal building site in [an] thj A district has an area of less than [one acre,] five acres,
then the yard, minimum building site average width and height requirements for the building site shall be
the same as the yard and height requirements in the [RS] L [districts.] district.
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(h) One single- family dwelling or one farm dwelling shall be permitted on any building site iq
the A district. A farm dwelling is a single- family dwelling that is located on or used in connection with a
faun or if the agricultural activity provides income to the family occupying the dwelling,
(c 1 Additional farm dwellings may be permitted in the A district only upon the following
conditions:
f I) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the
director. shall be executed between the owner of the building site, any lessee having a lease on the
building site with a term exceeding one year from the date of the farm dwelling agreement. and the
County. The agreement shall require the dwelling to he used for farm- related purposes,
(2) The applicant shall submit an agricultural development and use program, farm plan or
other evidence of the applicant's continual agricultural productivity or farming operation within the
County to the director. Such plan shall also show how the farm dwelling will he utilized for farm- elated
purposes,
(d) An ohana dwelling may be located on any building site in the A district. as permitted under
article 6. division 3 of this chapter.
(e) Exceptions to the regulations for the A district regarding heights, building site areas. building
site average widths and yards. may be approved by the director within a planned unit development.
[Article 9.1 Division 8. IA, Intensive Agricultural Districts.
Section [25 -158.1 25 -5 -80. Purpose and applicability. The 1A (intensive agricultural) district
provides for the preservation of [highly productive lands for] ortant agricultural [purposes] lands as
provided for in the general plan[. It applies to rural areas of good agricultural lands and the intervening
gullies and steep slopes which are not subject to urbanization or higher density uses as spelled out in the
general plan.] and characterized by a mix of small and large scale commercial farms and other
agricultural operations which may include residential use in the form of farm dwellings closely tied to
intensive agricultural use. The land in the 1A district are those lands which have the soil. quality. growing
season. and moisture supply needed to sustain high yields of crops generally or of specific crops of
statewide or local importance when managed according to modern farming methods. All IA districts
shall he located within the state land use agricultural or conservation district.
Section 125 - 159.1 25 - - 81. Designation of IA districts. The IA (intensive agricultural)
[districts] district shall be designated by the [symbols] symbol [ "1A, "] "R" followed by a number
together with the lower case letter "a" which [indicating] indicates the required or [the] minimum
number of acres [required per] for each building site.
Section 125 - 160.1 25 - 5 - 82. Permitted uses.
[(a) The following are permitted uses in 1A districts:
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(1) One single - family dwelling per building site.
(2) Sugar growing.
(3) Orchards.
(4) Diversified agriculture - the growing and gathering of crops, fruits, vegetables,
flowers and other plants.
(5) Processing, storing, packing, shipping, and selling products produced on the
premises provided the site or building used for such activity shall be at least one hundred feet from any
property line.
• (6) Piggeries, apiaries, and penfeeding of livestock when not closer than one thousand
feet to any major road or to any district other than U or A on sites approved by the health department and
the director.
(7) In areas over thirty percent slopes and in gullies within this district where rough
terrain discourages intensive agricultural uses, the director may approve any other uses as listed under
RA or A districts.
(8) Aquaculture activity.
(9) Uses and buildings normally considered accessory to the above permitted uses
subject to the approval of the director.]
(a) The following uses shall be permitted in the IA district:
(1) Agricultural Darks,
(2) Agricultural products processing. major and minor.
(3) Aquaculture.
(4) Cemeteries. as permitted under cha.ter 6 rticle of hi c. de.
(5) Crop production.
(6) Farm dwellings. as permitted under section 25- 5 -87(b) and (c),
(71 Forestry,
(81 Livestock production. provided that piggeries, apiaries and pen feeding of livestock
shall not be closer than one thousand feet to any major road or to any district other than the A district on
building sites approved by the state department of health and the director.
( 9) Public uses and structures which are n eceary for agricultural practices.
(101 Telecommunication antennas. as permitted under section 25 -4 -12,
(11) utility substations. as permitted under section 25 -4 -11.
(h) The following uses may be permitted in the IA districts. provided that a special permit is
obtained for such use:
(1) Crematoriums.
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(2) Churches.
(3) Community buildings as permitted under section 25-4-11,
(4) Day care centers.
(5) Hospitals.
f6) Public uses and structures. other than those necessary for agricultural purposes. as
permitted undcr section 25 -4 -1 1.
f7) Uses other than those specifically listed in this section. which meet the standards for
a special permit under chapter 205. Hawaii Revised Statutes,
(c) In IA districts in areas with over thirty percent slope. in gullies. and where rough terrain
• _ - - intensive a_ricultur I h- director ma a. 'rove an other uses which are nermitted in
the RA. FA or A districts.
(d) Buildings and uses accessory to the uses permitted in this section shall also be permitted in
the IA district.
fe) No building site shall be established in the IA district which shall in any way restrict or limit
the uses permitted under this section.
Section [25 -161.] 25 -5 -83. Height [limits.[ limit. The height [limits] limit in the IA [districts]
district shall be [the same as in A districts.] thirty-five feet for any residential structure. including any
farm dwelling. and forty -five feet for all othcr structures. [except that the] The director may, however,
permit by plan approval, any [farm] non - residential agricultural structures to be [built] constructed to a
height of one hundred feet, [which action need only determine] if the director determines that the [extra]
additional . height above the forty -five foot height limit is necessary.
Section [25 - 162.1 25 - 5 - 84 Minimum building site area. The minimum building site area [to
be designated for any IA district shall be three acres up to a maximum of ten thousand acres.] in the IA
district shall he five acres.
Section [25 - 163.] 25 - 5 - 85, Minimum building site average width. [The minimum] Each
building site [average width] in the IA [districts] district shall [be the same as in the A districts.] have a
minimum average width of two hundred feet for the first five acres of required area. plus twen y feet for
each additional acre of required area. Provided that no building site shall be required to have an average
width greater than one thousand feet.
Section 125 - 1641 25 - - 86. Minimum yards. [The minimum yards in IA districts shall be the
same as A districts.]
(a) Except as otherwise provided in this section. the minimum yards required in the IA district
shall be thirty feet for front and rear yards. and twenty feet for side yards.
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(h) For accessory uses such as saran shade and similar fabric shade structures used in controlling
amount of sunlight in the raising of plants and flowers. side and front yards in the IA district shall be at
least ten feet. except where the )A district shares common boundaries with urban zones and main
government roads.
(c) For accessory uses such as plastic roofed and saran shade wooden or metal framed structures
•
used in controlling the amount of sunlight. rainfall. wind and other elements of nature in the raising of
fruits. vegetables and similar agricultural products. side and front yards shall be at least ten feet except
where:
(I) Exterior walls of any type other than saran are added to the wooden or metal framed
structure
(2) The specific use allowed is abandoned: and
(3) The IA district shares common boundaries with urban zones and main government
roads.
Section 125 - 165.] 25 - - 87. Other regulations. [If any building site in any IA district has an
area of less than three acres, the minimum yards shall be the same as the yards in an RA district having
an area requirement nearest to that of the subject building site.]
(a) If any building site in the IA district has an area of less than five acres. then the minimum
Yards shall be the same as the yards in a FA district having an area requirement nearest to that of the
subject building site in the IA district,
(b) One farm dwelling shall be permitted on any building site in the IA district. if it is located on
or used in connection with a farm or if the agricultural activity provides income to the family occupying
the dwelling. In the cast where a agricultural activity has not been established. a farm dwelling
agreement shall be entered into with the County to insure that agricultural activity will be established by
the applicant within three years from the date that the building permit for the farm dwelling is issued,
( c) Additional farm dwellings may be permitted in the IA district only upon the following
conditions:
(I) A farm dwelling agreement for each additional faun dwelling. on a form prepared by
the director. shall be executed between the owner of the building site. any lessee having a lease on the
building site with a term exceeding one year from the date of the farm dwelling agreement. and the
County. The agreement shall require the dwelling to be used for farm - related purposes.
(2) The applicant shall submit an agricultu develo r gram- fannpIan
or other evidence of the applicant's continual agricultural productivity or farming operation within the
County to the director. Such plan shall also show how the farm dwelling will he utilized for farm- related
purposes.
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(d) Exceptions to the regulations for the IA district regarding heights. building site areas,
building site average widths and yards. may be approved by the director within a planned unit
development,
]Article 10.] Division 9, V, Resort -Hotel Districts.
Section [25 -166.] 25 -5 -90. Purpose and applicability. The V (hotel resort) district applies to
areas to accommodate the needs and desires of visitors, tourists and transient guests. It applies to
specific areas where public roads and public utilities are available or where suitable alternate private
facilities are assured. It may apply to a single isolated hotel or resort with or without a commercial mall
or shopping section.
Section ]25 - 167.] 25 - 5 - 91. Designation and density of V districts [and density].
(a) [District designation and density of V (resort- hotel) districts shall be the same as in RM
districts except that the symbol "V" shall be used.] Each V (resort- hotel) district shall be designated on
the zoning map by the symbol "V" followed by a number which indicates the reauired land area. in
thousands of square feet. for each dwelling unit or for each separate rentable unit in the case of hotels,
resorts. inns. lodges. motels. motor hotels. motor lodges. pr other similar rentable units.
Ib) In case any of the permitted uses have dormitories. two beds shall be equivalent to one
separate rentable unit for purposes related to the required land area in the V district.
[(b)] I Maximum density designation [for] in the V district shall be [no more than one rentable
unit for each] .75 or seven hundred fifty square feet of land[.] area for each dwelling unit or separate
rentable unit,
[(c)] (LI) [Although no limit is placed on the increments] In the V district. no limitation shall be
placed on the increments used between the various density designations[, it is expected that normally the
following will be used:]: however. the recommended incremental density designations are: .75, 1, 1.25,
1.5 and upward [as deemed necessary by the planning commission] in 0.25 increments.
Section [25 - 168.] 25 - 5 - 92, Permitted uses.
[(a) The following are permitted uses in V districts:
(1) Hotels, resorts, resort motel, and condominium buildings.
(2) Single - family, duplex or double - family, and multiple- family residential dwellings.
(3) Bed and breakfast establishment.
(4) Commercial uses of the following types when subordinate to and located in a hotel
or main resort building and oriented so that access to such uses is not available directly from any street or
adjoining property: coffee shop, snack bar, restaurant, tap room, bar, cocktail lounges, night club,
magazine and newsstands, tobacconist, camera shop and accessories, travel service counters, florist
shops, novelty shops, specialized clothing shops, personal service uses, drug store, specialized food shop
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(as opposed to the general store), and "art in action" booths or shops (the making, displaying and sale of
objects of art, small handcraft objects, hand weaving or spinning products, jewelry, paintings, hand made
pottery or figures, hats or other very similar products).
(5) Parking lots or buildings, taxicab stations, and offices.
(6) Small boat harbors and docks.
(7) Dance pavilions, open -air theaters, or theaters for stage production or for motion
pictures.
(8) Travel agencies and tourist information centers.
(9) Other uses which the director determines to be necessary to the proper functioning
of a resort area.]
(a) The following uses shall be permitted in the V district:
(1l Adult day care homes.
(2) Amusement and recreational facilities. indoor.
(3) Art galleries. museums,
(4) Automobile service stations.
(5) Bars. night clubs and cabarets.
(6) Bed and breakfast establishments. as permitted under section 25 -4 -7,
(7) Business services.
(8) Cemeteries and mausoleums. as permitted under chapter 6. article 1 of this code.
(9) Churches. temples. and synagogues.
(10) Commercial narking lots and garages.
(11) Community buildings. as permitted under section 25 -4 -11.
t (12) Day care centers.
(131 Dwellings. double - family or duplex.
(14) Dwellings. multiple- family.
(15) Dwellings. single - family,
(16) Family child care homes.
(17) Financial institutions.
(18) Group living facilities.
(19) Home occupations. aspermitted under section 25 -4 -13.
(20) Hotels,
(21) Lodges.
(22) Medical clinics.
(23) Meeting facilities.
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(24) Major outdoor amusement and recreation facilities.
(25) Model homes. as permitted under section 25 =4 -8,
(26) Parks. playgrounds. tennis courts. swimming pools. and other similar open area
recreational facilities.
(271 Personal services.
(28) Photography studios.
(29) Public uses and structures, as permitted under section 25 -4 -11.
(30) Restaurants.
(311 Retail establishments,
(32) Telecommunication antennas. as permitted under section 25 -4 -12.
(331 Temporary real estate offices, as permitted under section 25 -4 -8.
(34) Theaters.
(35) Time share units.
(36) Utility substations. as permitted under Section 25 -4 -11.
(371 Visitor information centers,
(b) In addition to those uses permitted under subsection (a) above. the following uses may be
permitted in the V district, provided that a use permit is issued for each use: •
(1) Crematoriums.
(2) Golf courses and related golf course uses. including golf driving ranges. golf
maintenance buildings and golf club houses.
(31 Hospitals. sanitariums. old. age. convalescent. nursing and rest homes.
(41 Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in this
section shall also be permitted in the V district.
Section [25 -169.1 25 -5 -93. Height [limits.[ limit.
(a) The height [limits for a building or structure] limit in t gg V [districts] di rict shall be
forty-five feet[.], except in those areas designated in subsections (bland (c) below,
(b) The height [limits for a building or structure in VH districts] limit in the V district in the
City of Hilo shall be one hundred twenty feet.
(c) The height [limits for a building or structure in VFI districts] limit in the V district at
Kcauhou Bay and Kahaluu Bay.shall be ninety feet.
Section [25 -170.1 25 -5 -94. Minimum building site area. [Each] The minimum building site in -
[a] ths V district shall [contain a minimum of] 1g fifteen thousand square feet.
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Section [25 -171.[ 25 -5 -95. Minimum building site average width. Each building site in [a]
the V district shall have a minimum average width of ninety feet.
Section [25 - 172.] 25 - 5 - 96. Minimum yards.
[(a)] The minimum yards in the V [districts] district shall be as follows:
(I) Front and rear yards[:], twenty feet[.]: and
[(2) Rear yards: twenty feet.]
[(3)] (22) Side yards[:], eight feet for one story[;], and an additional two feet for each
additional story [permitted].
Section 25 - - 97. Landscaping. Landscaping shall be provided on a minimum of twenty
percent of the total land area of anv building site in the V district. Parking areas shall not be included
within the area required for landscaping on any building site.
Section [25 - 173.] 25 Other regulations.
(a) [There may be more] More than one main building may he situated on any building site[.]
the V district.
(b) [Distance] The distance between main buildings on one building site in the V district shall be
at least fifteen feet.
(c) Plan approval [is] shall be required [of all structures and uses.] for all new structures and
additions to existing structures in the V district.
[(d) Preliminary plans indicating use of land and proposed structures shall be submitted with the
zoning application to the director for review.]
(d) Exceptions to the regulations for the V district regarding heights. building site areas. building
site average widths and yards. may be anprovcd by the director within a planned unit development.
[Article 11. CO, Commercial Office Districts.]
[Section 25 - 174. Purpose and applicability. The CO (commercial office) district applies to
areas suitable and desirable for professional and administrative activities.]
[Section 25 - 175. Designation of CO districts. CO (commercial office) districts shall be
designated by the symbol "CO ", followed by a number indicating the number of thousands of square feet
required per building site.]
[Section 25 - 176. Permitted uses.
(a) The following are permitted uses in CO districts:
(1) Business, administrative, professional, executive, financial, editorial, medical,
dental, and real estate offices, and any other similar office use which will not be detrimental to the
character of the district.
(2) Medical and dental centers, groups, or clinics not permitting in- patients.
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(3) Prescription pharmacies, banks, lending agencies, title companies, photographer or
commercial artist studios, and modeling agencies.
(4) Public buildings for uses similar to the above.
(5) Lunch counters, coffee shops, barber shops, beauty parlors, tobacconists, and news
and magazine stands, provided they are located within a building containing one of the uses listed in
paragraph (1), (2), or (3) of this section as a principal use.
(6) Automobile parking lots or buildings.
(7) Drug stores, restaurants, cocktail lounges, and night clubs.
(8) Business and technical schools.
(9) Schools and studios for photography, art, music, and dance.
(10) Hotels, apartment- hotels, and condominium buildings provided that the density
shall not exceed one rentable unit for each one thousand two hundred fifty square feet of land area within
the building site and allocated for resort and accessory uses only.
(1 1) Bed and breakfast establishment.
(12) Uses clearly accessory and incidental to the above listed uses.]
[Section 25 - 177. Height limits.
(a) The height limits in CO districts shall be as follows:
(1) Except as provided elsewhere in this section, not higher than thirty feet.
(2) In the City of Hilo, not higher than one hundred twenty feet.]
[Section 25 -178. Minimum building site area. The minimum building site area in CO districts
shall be twenty thousand square feet. ]
[Section 25 - 179. Minimum building site average width. The minimum building site average
width in CO districts shall be one hundred feet.]
[Section 25 - 180. Minimum yards.
(a) The minimum yards in CO districts shall be as follows:
(1) Front or rear yard: twenty -five feet.
(2) Side yards: none, except as required by plan approval.]
[Section 25 - 181. Other regulations. Plan approval is required of all structures and uses in CO
districts.]
[Article 12.1 Division 10. CN, Neighborhood Commercial Districts,
Section 125 -182.1 25 -5 -100. Purpose and applicability. The CN (neighborhood commercial)
district applies to strategically located centers suitable for commercial activities which shall be of such
size and shape as will accommodate a compact shopping center which supplies goods and services to a
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residential or working population on a frequent need or convenience basis. This district is distinguished
from a central commercial district which provides general business and broad services to a city or region.
Section [25 - 183.[ 25 - 5 - 101. Designation of CN districts. Each CN (neighborhood
commercial) district shall be designated by the [symbols] symbol "CN" followed by a number
[indicating] which indicates the minimum [number of] land area. in thousands of square feet, required
[per] for each building site.
Section [25 - 184.1 25 - 5 - 102. Permitted uses.
[(a) The following shall be permitted uses in CN districts:
(1) All retail uses that are conducted entirely within a building.
(2) Automobile service stations, tire changing or pickup stations, and commercial
parking Tots or buildings.
(3) Banks, lending agencies, and financial institutions.
(4) Barber and beauty shops.
(5) Launderette, cleaning and pressing service, and pickup stations.
(6) Lunch counters, coffee shops, restaurants, bars, and cocktail lounges provided that
no live entertainment is provided that no live entertainment is provided or dancing is allowed.
(7) Medical and dental centers, groups, or clinics not permitting in- patients.
(8) Museums, libraries, and community, public and public service buildings.
(9) Offices for business, administrative, professional, executive, financial, real estate,
editorial, medical, dental, and other similar uses.
(10) Photography or commercial art studios and modeling agencies.
(11) Prescription pharmacies.
(12) Repair shops for personal or household items, radio, television, and small electrical
appliances.
(13) Shoe repair, clothes mending, and tailor shops.
(14) Drive -in facilities for retail sales or services.
(15) Bed and breakfast establishment.
(16) Any use permitted in a RM district with a maximum density of one thousand two
hundred fifty square feet of land area per rentable or dwelling unit.
(17) Buildings and uses normally considered directly accessory to the above permitted
uses.]
(a) The following uses shall he permitted in the CN district:
( 1) Adult d.y care homes.
(2) Automobile service stations.
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(3) Bed and breakfast establishments. as permitted under section 25 -4 -7.
(4) Boarding facilities. rooming. or lodging houses. provided that the maximum density
shall be one thousand two hundred fifty square feet of land area per rentahle unit or dwelling unit,
(5) Business services.
(6) Cemeteries and mausoleums as permitted under chapter 6. article 1 of this code.
(7) Churches. temples and synagogues.
(8) Community buildings. as permitted under section 25 -4 -11,
(9) Convenience stores.
(10) Crop production.
(111 Dav care centers.
(121 Dwellings. double- family or duplex. provided that the maximum density shall be
one thousand two hundred fiftv square feet of land area per rentable unit or dwelling unit.
(13) Dwellings. multiple- family. provided that the maximum density shall be one
thousand two hundred fifty square f et of Ian area per rentahle unit or dwelling unit.
(14) Dwellings. single - family.
(15) Family child care homes.
(16) Farmcrs markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and /or raw groducc. plant life . fish and local homegrown and homemade
products for more than two days a week. the director. at the time of plan approval. shall restrict the (tours
of use. maintenance and operations and may require improvements as determined appropriate to ensure
its comnatibiliw with the existing character of the surrounding area.
(17) Financial institutions.
(18) Group living facilities.
(19) Home occupations. as permitted under section 25 -4 -13,
(20) Medical clinics.
(21) Meeting facilities.
(22) Model homes, as permitted under section 25 -4 -8.
(23) Mortuaries.
(24) Museums,
(25) Neighborhood parks. plavgrounds. tennis courts. swimming pools. and similar
neighborhood recreational areas and uses.
(26) Offices.
(27) Personal services.
(28) Photography studios.
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(29) Public uses and structures. as permitted under section 25 -4 -1 1.
(301 Repair establishments, minor.
(311 Restaurants.
(321 Retail establishments.
(331 Schools.
(34) Telecommunication antennas, as permitted under section 25 -4 -12.
(351 Theaters,
(36) Utility substations as permitted under Section 25 -4 -11.
(b) In addition to those uses permitted under subsection (a) above. the following uses may be
permitted in the CN district. provided that a use permit is issued for each use:
(11 Crematoriums.
(c) Buildings and uses normally considered directly accessory to the uses permitted in this
section shall also be permitted in the CN district.
Section 125 - 185.1 25 - 5 - 103. Height [limits.] limit, The height [limits] limit in [a] Lhg CN
district shall be forty feet.
Section [25 - 186.] 25 - 5 - 104. Minimum building site area. The minimum building site area in
the CN [districts] district shall be seven thousand five hundred square feet.
Section 125 - 187.1 25 - 5 - 105. Minimum building site average width. [The minimum building
site average width] Each building site in the CN [districts] district shall [be] have a minimum average
width of sixty feet.
Section 125 - 188.1 25 - - 106. Minimum yards. The minimum yards in the CN district shall be
as follows:
(1) Front and rear yards[:], fifteen feet[.]: and
(2) Side yards[:], none, except [as required by plan approval.] where the adjoining
building site is in a RS. RD. RM. RCX or V district. Where the side yard adjoins the side yard of a
building site in a RS. RD. RM. RCX or V district. there shall be a side yard which conforms to the side
yard reouirements for dwelling use of the adjoining district,
Section 25 - 5 - 107. Landscaping of yards.
(a) All front yards in the CN district shall be landscaped. except for necessary access drives and
walkways,
( b) Where any required side or rear yard in the CN district adjoins a building site in a RS. RD,
RM or RCX district. the side or rear yard shall he landscaped with a screening hedge not less than forty -
two inches in height. within five feet of the property line. except for necessary drives and walkways.
Section 125 -189.] 25 -5 -1118. Other regulations.
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(a) Jn conjunction with plan anproval, [The] tth director may [under plan approval, permit or]
require the construction of a continuous eave overhanging the front property line in the CN district. The
director [and] may also require [it to] that the eave be of similar height and design in any one block[.] f
the CN district.
[(b) Any product produced or made within a CN district must be sold on the premises where
produced.]
[(c)](h) Plan approval [is] shall be required [of] for all new structures and [uses.] additions to
existing structures in the CN district.
f ) Exceptions to the regulations for the CN district regarding heights. building site areas,
building site average widths and yards. may be approved by the director within a planned unit
development,
[Article 13.1 Division 11. CG, General Commercial Districts.
Section 125 -190.1 25 -5 -110. Purpose and applicability.
(a) The CG (general commercial) district applies to [areas] an area suitable for commercial uses
and services on a broad basis to serve as the central shopping or principal downtown area for a city or a
region.
(b) No CG district shall be established until there is a demonstrated need for such action and no
two CG districts shall be established in such relationship to each other that they cannot act as one center
and yet are too close together to serve two distinct regions.
Section [25 - 191.1 25 - 5 - 111. Designation of CG districts. Each CG (general commercial)
district shall be designated by the [symbols] symbol "CG" followed by a number [indicating] which
indicates the minimum [number of] land area. in thousands of square feet, required [per] for each
building [area.] site.
Section [25 - 192.1 25 - 5 - 112. Permitted uses.
[(a) The following are permitted uses in CG districts:
(1) Any use listed as a permitted use in any CO and CN district.
(2) All retail uses that are conducted entirely within a building.
(3) Personal service uses.
(4) Banks, lending agencies and financial institutions.
(5) Manufacturing of nonnoxious type where the only retail sales outlet for products
produced is on the premises where produced.
(6) Art galleries.
(7) Automobile parking lots and buildings or storage garages.
(8) Display rooms for products sold elsewhere.
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(9) Caterers.
(10) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleansing agent.
(11) Newspapers, publishing houses, printing shops, cartographer, and duplicating
processes such as blueprinting or photostating.
(12) Restaurants (other than "drive- ins," bars. cocktail lounges, and night clubs).
(13) Repair shops for personal or household items, and "fix -it" shops.
(14) Private clubs, social orders, fraternal groups, and other similar organizations.
(15) Tour, travel, and ticket agencies.
(16) Business, technical, or trade schools; art modeling, music, dancing, photographic, or
other similar studios or academies.
(17) Public service or public utility uses but excluding any service, equipment, or storage
yard or power plants therefor.
(18) Automobile service stations or garages; excluding body and fender works, electric
tire rebuilding or battery rebuilding and provided that all work is conducted wholly within a completely
enclosed building, car washes or laundries other than those utilizing automatic or steam cleaning
equipment.
(19) Bakeries.
(20) Radio and television broadcasting stations or studios.
(21) Commercial amusement establishments such as bowling alleys, skating rinks and
pool halls.
(22) Drive -in uses.
(23) Equipment sales and rental yards, used car lots and, other yards where retail sales
products are displayed in the open.
(24) Food lockers and ice storage and dispensing.
(25) Gymnasiums, physical culture studios, and reducing salons.
(26) Hospitals of all types and sanitariums.
(27) llotels, apartment - hotels, and condominium buildings provided the density shall not
exceed one rentable unit for each five hundred square feet of land area within the building site.
(28) Indoor sports arenas, auditoriums, and theaters.
(29) Electrical, plumbing, and furniture upholstering shops provided that all materials
are kept, and all activities are conducted entirely within a building.
(30) Residential use in connection with the operation of any permitted use.
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(31) Model homes for display purposes only provided they are not placed on permanent
foundations and provisions are niade for their removal at the end of a specific period of time, not to
exceed one year.
(32) Bed and breakfast establishment.
(33) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and /or raw produce, plant life, fish and local homegrown and homemade
products for more than two (2) days a week, the director, at the time of plan approval, shall restrict the
hours of use, maintenance and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
(33) Uses normally considered accessory, incidental and subordinate to the above uses.]
. (a) The following uses shall be permitted uses in the CG district:
f 1 Adult day care homes.
(2) Amusement and recreation facilities. indoor,
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile service stations.
(6) Automobile sales and rentals.
(7) Bars. nightclubs and cabarets.
(8) Bed and breakfast establishments, as permitted under section 25 -4 -7.
(91 Boarding facilities. rooming. or lodging houses. provided that the maximum density
shall be one thousand two hundred City square feet of land area per rentable unit or dwelling unit.
(10) Broadcasting stations,
(I 1) Business services.
(121 Car washing. provided that it is mechanized. sound attenuated structures. or sound
attenuated walls arc erected and maintained on the property lines,
(13) Catering establishments.
(14) Cemeteries and mausoleums. as permitted under chanter 6. article I of this code.
f 15 Churches. temples and synagogues.
(16) Cleaning plants usina only non - flammable hydrocarbons in a sealed unit as the
cleansing agent.
(17) Commercial parking lots and garages.
(18) Community buildings. as permitted under section 25 -4 -11,
(19) Convenience stores.
(201 Crop production.
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(21) Day care centers.
(22) Display rooms for products sold elsewhere.
(23) Dwellings. double - family or duplex. provided that the maximum density shall be
one thousand two hundred fifty square feet of land arca per rentable unit or dwelling unit.
(24) Dwellings. multiple- family. provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(25) Dwellings. single - family.
(26) Equipment sales and rental yards. and other yards where retail products are
displayed in the open.
(27) Family child care homes.
(28) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and /or raw produce. plant life. fish and local homegrown and homemade
products for more than two days a week. the director, at the time of plan approval. shall restrict the hours
of use, maintenance and operations and may reuuire improvements as determined appropriate to ensure
its compatibility with the existing character of the surrounding area.
(29) Financial institutions,
(30) Group living facilities,
(31) Home occupations. as permitted under section 25 -4 -13,
(32) Hospitals. sanitariums. old age. convalescent. nursing and rest homes and other
similar uses.
(33) Hotels,
(34) Ice storage and dispensing facilities.
(35) Laboratories. medical and research.
(36) Laundries.
(37) Light manufacturing. processing and packaging. where the only retail sales outlet
for products produced is on the premises where produced.
(38) Medical clinics.
(39) Meeting facilities.
(40) Model homes. as permitted under section 25 -4 -8,
OD Mortuaries,
(42) Neighborhood parks, playgrounds. tcnnis courts. swimmin¢..pools, and similar
neighborhood recreational areas and uses.
(43) Offices.
(44) Personal services.
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(451 Photography studios.
(46) Public uses and structures- as permitted tinder section 25-4-11.
(47) Printing shops. cartoeraphine and duplicating rocesscs u h as blue.rintin * r
photostating shops,
(48) Repair establishments. minor.
(49) Restaurants,
(50) Retail establishments.
(51) Schools.
(52) Telecommunication antennas, as permitted under section 25 -4 -12.
(53) Theaters.
(54) Time share units,
(55) Utilit subst ations. as permi u nder section 25 -4 -1 1.
(56) Veterinary establishments.
(b) In addition to those uses permitted under subsection (al above, the following uses may be
permitted in the CG district. provided that a use permit is issued for each use:
(11 Crematoriums,
(2) Golf courses and related golf course uses, including golf driving ranges. golf
maintenance buildings and golf club houses.
(2) Major outdoor amusement and recreation facilities.
(31 Yacht harbors and boating facilities,
(c) Residential uses in connection with the operation of any permitted use shall be permitted i
the CG district.
(d) Buildings and uses normally considered accessory to the uses permitted in this section shall
also be permitted in the CG district.
Section 125 -193.1 25 -5 -113. Height [limits.] limit,
(a) The height [limits] limit in the CG [districts] district shall be [as follows:
(1) Except as otherwise provided elsewhere in this section, not higher than] forty -five
feet[;]. except in those areas designated in subsections (b) and (c) below.
[(2)] (b) The height limit [In] in the City of Hilo[, not higher than] shall be one hundred twenty
feet [;and],
[(3)] (g) The height limit [In Kailua- Kona,] in those areas in the North Kona district designated
as high density urban on the gencralplan land use pattern allocation guide (LUPAG) map [not higher
than] shall he ninety feet.
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Section 125 -194.1 25 -5 -114. Minimum building site area. The minimum building site area in
[a] the CG district shall be seven thousand five hundred square feet.
Section [25 - 1951 25 - 5 - 115. Minimum building site average width. [The minimum] Each
building site [average width] in [a] the CG district shall [be] have a minimum building site average width
of sixty feet.
Section [25 - 196.1 25 - - 116. Minimum yards. [(a)]The minimum yards in the CG [districts]
district shall be as follows:
(I) Front or rear yards[:] , fifteen feet[]; and
(2) Side yards[:], none, except [as required by plan approval.] where the adjoining
building site is in a RS. RD. RM or RCX district. Where the side yard adioins the side yard of a building
site in a RS. RD. RM or RCX district. there shall be a side yard which conforms to the side yard
requirements for dwelling use of the adjoining district.
Section 25 - 5 - 117. Landscaping of yards.
fa) All front yards in the CG district shall he landscaped. except for necessary access drives and
walkways.
(b) Where any required side or rear yard in the CG district adjoins a building site in a RS. RD,
RM or RCX district. the side or rear yard shall be Landscaped with a screening hedge not less than forty -
two inches in height, within five feet of the property lint. except for necessary drives and walkways,
Section 125 - 197.1 25 - 5 - 118. Other regulations.
(g) Plan approval [is] shall he required [of] for all new structures and [uses] additions to existing
structures in 1hg CG [districts.] district.
(hl Exceptions to the regulations for the CG district regarding heights. building site areas,
huilshw site average widths and yards. may he approved by the director within a planned unit
development.
[Article 14.1 Division 12. CV, Village Commercial Districts.
Section [25 -198.1 25 -5 -120. Purpose and applicability. The CV (village commercial) district
[applies to areas that allow] provides for a broad range or variety of commercial and [related] Tight
industrial uses that are necessary to serve [a somewhat isolated residential or working population] the
population in rural areas where the supplementary support of the general business uses and activities of a
central commercial district is not readily available.
Section [25 - 199.1 25 - 5 - 121. Designation of CV districts. Each CV ([village commercial]
Village Commercial) [districts] district shall be designated by the [symbols] symbol "CV" followed by a
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number [indicating] which indicates the minimum land area. in number of thousands of square feet,
.
required [per] for each building site.
Section 125 - 200.1 25 Permitted uses.
[(a) The following uses are permitted in a CV district:
(1) Any of the uses listed directly as permitted uses in a CN district.
(2) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleansing agent.
(3) Newspapers, job printers, blueprinters and similar uses which are obviously
designed to primarily serve the local area.
(4) Repair shops for household items and fix -it shops.
(5) Automobile service stations and drive -ins for retail sales or services.
(6) Automobile service, repair, and upkeep uses.
(7) Restaurants, bars, and cocktail lounges.
(8) Manufacturing of products and distributed to retail outlets located in the immediate
community which is served by this district as approved by the director, except for concrete or asphalt
products.
(9) Community clubs or social or fraternal orders.
(10) Rooming or boarding houses.
(1 1) Residential uses in connection with the operation of any permitted uses.
(12) Bus and tour stops; ticket agencies.
(13) Commercial amusement establishments.
(14) Used car lots.
(15) On a small scale any craft or shop for same; such as, carpenter, electrician,
plumber, metal worker, and other similar uses, provided there are not more than five employees.
(16) A hotel, if such use and design conform to the character of the area and the district
regulations and are approved by the director.
(17) Bed and breakfast establishment.
(18) Farmers markets. When the vending activity in a fanners market involves more
than just the sale of local fresh and /or raw produce, plant life, fish and local homegrown and homemade
products for more than two (2) days a week, the director, at the time of plan approval, shall restrict the
hours of use, maintenance and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
(19) Other uses similar to the permitted uses or to any of the above listed uses.
(20) Accessory uses, normal and subordinate to the above uses.]
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(a) The following uses shall be permitted in the CV district:
(11 Adult day care homes,
(21 Amusement and recreation facilities. indoor.
(31 Art galleries. museums.
(4) Automobile sales and rentals.
(5) Automobile service stations,
(6) Bars,
(7) Bed and breakfast establishments. as permitted under section 25 -4 -7.
(8) Boarding facilities. rooming. or lodging houses. provided that the maximum
density shall be one thousand two hundred fift square feet of la nd a per ren unit or dwellin
unit.
(9) Business services,
(10) Cemeteries and mausoleums. as permitted under chapter 6. article 1 of this code.
(1 1) Churches. temples and synagogues.
(12) Commercial parking lots and garages.
(131 Community buildings as permitted under section 25-4-11.
(14) Convenience stores.
(151 Crop production.
(16) Day care centers,
(17) Dwellings. double - family or duplex. provided that the maximum density shall be
one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(181 Dwellings. multiple - family. provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling unit.
(191 Dwellings. single - family.
(20) Family child care homes,
(2 1) Fanners markets. When the vendingactivity in a farmers market involves more
than just the sale of local fresh and /or raw produce. plant life. fish and local homegrown and homemade
products for more than two days a week. the director. at the time of plan approval. shall restrict the hours
of use. maintenance and operations and may require improvements as determined appropriate to ensure
its compatibility with the existing character of the surrounding area,
(22) Financial institutions.
(23) Group living facilities.
(241 tlome occupations. as permitted under section 25 -4 -13.
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(25) Hospitals. sanitariums. old age. convalescent. nursing and rest homes and other
similar uses.
(26) Hotels. when the design and use conform to the character of the area. as approved
by the director,
(27) Laboratories. medical and research.
(28) Lodges,
(29) Manufacturing. processing and packaging light and general. except for concrete or
asphalt products. where the products are distributed to retail establishments located in the immediate
community. as approved by the director,
(30) Medical clinics.
(31) Meeting facilities.
(32) Model homes. as permitted under section 25 -4 -8.
(33) Mortuaries.
(34) Neighborhood parks. playgrounds. tennis courts. swimming pools. and similar
neighborhood recreational areas and uses.
(35) Offices.
(36) Personal services,
(37) Photography studios.
(38) Public uses and structures. as permitted under section 25 -4 -11,
(39) Publishing plants for newspapers. books and magazines. printing shops,
cartographing. and duplicating processes such as blueprinting or photostating shops. which are designed
to primarily serve the local arca.
(40) Repair establishments. major. when there are not more than five employees. as
avDroved by the director.
(41) Repair establishments. minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
(45) Telecommunication antennas. as permitted under section 25 -4 -12.
(46) Temporary real estate of'tices. as permitted under section 25 -4 -8.
(47) Theaters.
(48) Utility substations. as permitted under section 25 -4 -11.
(b) In addition to those uses permitted under subsection (a) above. the following uses may be
permitted in the CV district. provided that a use permit is issued for each use:
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f 1) Crematoriums.
(2) Golf courses and related golf course uses. including golf driving ranges. golf
maintenance buildings and golf chub houses.
(3) Major outdoor amusement and recreation facilities.
f4) Yacht harbors and boating facilities.
( c) Residential uses in connection with the operation of anypermitted uses shall be permitted i
the CV district,
fd) Buildings and uses similar to the permitted uses listed in subsection (a) above shall be
permitted in the CV district. as approved by the director.
(e) Buildin a nd uses n orm ally considered accessory to the uses permitted in this section shall
also be permitted in the CV district,
Section 125 - 201.1 25 - - 123, Height [limits.[ limit. The height limit in the CV [districts] district
shall be thirty feet.
Section 125 - 202.1 25 - 5 - 124, Minimum building site area. The minimum building site area in
the CV [districts] district shall be seven thousand five hundred square feet.
Section [25 - 203.1 25 - 5 - 125. Minimum building site average width. [The minimum] Each
building site [average width] in the CV [districts] district shall [be] have a minimum building site
average width of sixty feet.
Section [25 - 204.1 25 - - 126. Minimum yards. The minimum yards in the CV [districts]
district shall be as follows:
(1) Front or rear yards[:], fifteen feet[.] : and
(2) Side yards[:], none, except [as required by plan approval.] where the adjoining
building site is in a RS. RD. RM or RCX district. Where the side yard adjoins the side yard of a building
site in a RS. RD. RM or RCX district. there shall be a side yard which conforms to the side yard
requirements for dwelling use of the adjoining district.
Section 25 - 5 - 127. Landscaping of yards.
f a) All front yards in the CV district shall he landscaped. except for necessary access drives and
walkways,
fb) Where required side or rear yard in the CV district adjoins a building site in a RS. RD. RM or
RCX district. the side or rear yard shall be landscaped with a screening hedge not less than forty -two
inches in height. within five fcet of the property line. except for necessary drives and walkways.
Section [25 - 205.1 25 - 5 - 128, Other regulations.
fg) Plan approval [is] shall be required [of] for all new structures and [uses] additions to existing
structures in the CV [districts.] district.
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(b) Exceptions to the regulations for the CV district regarding* heights, building site areas,
building site average widths and yards, may be approved by the director within a planned unit
development.
Division 13. MCX. Industrial- Commercial Mixed Districts,
Section 25 -5 -130. Purpose and applicability. The purpose of the MCX (industrial - commercial
mixed use) district is to allow mixing of some industrial uses with commercial uses. The intent of this
district is to provide for areas of diversified businesses and employment opportunities by permitting 4
broad range of uses without exposing non - industrial uses to unsafe and unhealthy environments. Thi
district is intended to promote and maintain a viable mix of light industrial and commercial uses.
Section 25 - 5 - 131. Designation of MCX districts. Each MCX (indus - commercial mixed
use) district shall be designated by the symbol "MCX" followed by a number which indicates the
minimum land area. in number of thousands of square feet. required for each building site.
Section 25 - 5 - 132. Permitted uses.
(al The following uses shall be permitted in the MCX district:
(11 Agricultural products processing, minor.
(2) Amusement and recreation facilities. indoor,
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars and nightclubs.
17) Broadcasting stations.
(8) Business services.
(9) Car washing.
(101 Catering establishments.
(1 11 Cemeteries and mausoleums, as nermitted undcr chapter 6, article 1 of this code.
J 12) Churches, temples and synagogues.
(13) Cleaning plants using only non - flammable hydrocarbons in a sealed unit as the
cleaning agent.
(14) Commercial parking lots and garages.
(15) Community buildings, as permitted under section 25 -4 -11,
(16) Convenience stores.
(17 Data processing facilities.
(18) Day -care centers.
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(19) Financial institutions.
(20) Food manufacturing and processing.
(21) Home improvement centers.
(22) Kennels in sound attenuated building.
(23) Laboratories. medical and research.
(24) Manufacturing.proccssing and packaging establishments.
(25) Medical clinics,
(26) Meeting facilities.
(271 Motion picture and television production studios,
(28) Offices.
(291 Photographic processing.
(30) Photography studios,
(311 Plant nurseries,
(321 Public uses and structures. as permitted under section 25-4-11.
(33) Publishing plants for newspapers. books and magazines. printing shops,
cartot chin_ and d rlicatin_ process uch as blue ri tin! or ohotostatin! shoos.
(34) Repair establishments. minor.
(35) Restaurants.
(36) Retail establishments.
(371 Sales and service of machinery used in agricultural production.
(38) Schools. business.
(39) Schools. photography. art. music and dance.
(40) Schools. vocational.
(41) Self - storage facilities.
(421 Telecommunications antennas. as permitted under section 25 -4 -12.
(43) Temporary real estate offices. as permitted under section 25 -4 -8.
(44) Theaters.
(45) Utility substations. as permitted under section 25 -4 -11.
(46) Veterinary establishments in sound - attenuated buildings.
(47) Warehousing.
(48) Wholesaling and distribution operations.
(b) In addition to those uses permitted under subsection (a) above. the following uses may be
permitted in the MCX district. provided that a use permit is issued for each use:
(1) Crematoriums,
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(21 Major outdoor amusement and recreation facilities,
(3) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in this
section shall also he permitted in the MCX district.
Section 25 - - 133. Height limit. The height limit in the MCX district shall be fortv -five feet.
Section 25 - - 134. Minimum building site area. The minimum building site area in the MCX
district shall be twenty thousand souare feet.
Section 25 - 5 - 135. Minimum building site average width. Each building site in the MCX
district shall have a minimum building site average width of ninety feet.
Section 25 - 5 - 136. Minimum yards. The minimum yards in the MCX district shall he as
follows:
(11 Front yards. twenty feet: and
(2) Side and rear yards. none. except where the adjoining building site is in a RS. RD,
JtM or RCX district. Where the side or rear property line adjoins the side or rear vard of a building site
in an RS. RD. RM or RCX zoned district. there shall he a side or rear yard which conforms to the side or
rear yard requirements for dwelling use of the adjoining district,
Section 25 - 5 - 137. Landscaping of yards.
(a) Al l front yards in the MCX district shall be landscaped. except for necessary access drives
and walkways.
(b) Any required side or rear yard in the MCX district adjoining a building site in an RS. RD,
RM or RCX district. shall be landscaped with a screening hedge not Tess than fort y -two inches in height
within five feet of the property line, except for necessary drives and walkways.
Section 25 - 5 - 138. Other regulations,
(al Plan approval shall be required for all new structures and additions to existing structures in
the MCX district.
(hl Exceptions to the regulations for the MCX district regarding heights. building site areas,
building site average widths and yards. may be approved by the director within a planned unit
development,
[Article 161 Division 14. ML, Limited Industrial Districts.
Section 125 -2141 25-5-140. Purpose and applicability. The ML (limited industrial) district
applies to areas for business and industrial uses which are generally in support of but not necessarily
compatible with those permissible activities and uses in other commercial districts.
Section 125 - 215. 25 - 5 - 141. Designation of ML districts. Each ML (limited industrial)
[districts] district shall be designated by the [symbols] symbol "ML" followed by a number [indicating]
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which indicates the minimum [number of] land area. in thousands of square feet, required [per] for each
building site.
Section [25 -216.[ 25 -5 -142. Permitted uses.
[(a) The following are permitted uscs in ML districts:
(1) Any manufacturing, processing, assembling, research, laboratory, bottling, or
packaging uses which are conducted in a building and from which there is no odor, dust, smoke, gas,
noise, vibration, radiation, or other effect which has measurable nuisance qualities beyond the property
line.
(2) Animal hospitals with facilities for treatment or boarding of not more than twenty
animals.
(3) Automobile parking Tots, service stations, and all uses and buildings for the repair,
maintenance, service, and storage of automobiles and trucks.
(4) Bakeries, laundries, cleaning, or dyeing plants.
(5) Carpentry, hardwood product, electrical, plumbing, heating, air conditioning,
furniture, and upholstering shops and storage.
. (6) Contractors' yards for equipment, material, and vehicle storage, repair, or
maintenance.
(7) Draying, freighting, or trucking yard or terminal.
(8) Living quarters for watchmen or custodians of industrial properties.
(9) Lumber yards and building materials yards but not including concrete or asphalt
mixing and the fabrication by riveting or welding of steel building frames.
(10) Machine, welding, sheet metal, and metal plating and treating shops except the
fabrication by riveting or welding of steel building frames.
(1 1) Newspaper and publishing houses, printing shops, cartographing, and duplicating
processes such as blueprinting or photostating shops.
(12) Public and private utility lines and facilities including offices or yards for
equipment, material, vehicle storage, repair or maintenance.
(13) Sales and servicing or rental of any type of vehicle, implement, machinery or
equipment.
(14) Terminal, storage or maintenance yards for a fleet of vehicles.
(15) Transportation and tour terminals.
(16) Wholesaling, warehousing, and storage buildings and yards except those for highly
flammable or explosive products.
(17) Airfields, heliports and private landing strips.
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(18) Lava rock or stone cutting or shaping.
(19) Retail sales incidental and subordinate to a permitted use.
(20) Incidental and necessary services for persons working in a ML district which are
conducted within an integral part of a main structure with entrances from the interior of the building and
having no display or advertising visible from the street.
(21) Restaurants.
(22) Aquaculture activity.
(23) Buildings and uses normally considered directly accessory to the above permitted
uses.]
(a) The following uses shall be permitted in the ML district:
(1) Agricultural products processing. minor,
(2) Airfields. heliports and private landing strips.
(3) Animal hospitals.
(4) Animal quarantine stations.
(5) Aquaculture activities.
(6) Automobile and truck storage facilities.
17) Automobile and truck sales and rentals.
(8) Automobile service stations.
(9) Bakeries.
(10) Bars,
(11) Broadcasting stations.
(12) Car washing.
(13) Carpentry. hardwood nroduct an f ur niture m anufacturi n g and storage
establishments.
(.L) Catering establishments.
(15) Cemeteries and mausoleums. as ocnnitted under chapter 6. article 1 of this code.
(lb) Churches. temples and synagogues.
(17) Cleaning and dyeing plants.
(18) Commercial parking Tots and garages.
(19) Community buildings. as permitted under section 25 -4 -11.
(20) Contractors' yards for eauipment. material. and vehicle storage. repair. or
maintenance.
(21) Day cart centers.
(22) Financial institutions.
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(23) Food manufacturing and processing facilities.
(24) Greenhouses, lint urseries
(25) Heavy equipment sales, service and rental.
(26) Home improvement centers.
(27) Junk yards. provided that the building site is not less than one acre in area.
(28) Laboratories, medical and research.
(29) Laundries,
(30) Lumber yards and building material yards, but not including concrete or asphalt
mixing and the fabrication by riveting or welding of steel building frames.
(31) Manufacturing, processing and Dackaging establishments (32) Motion Motion picture and television production studios,
(33l Photographic processing,
(34) Plumbing, electrical, air conditioning and heating establishments.
(35) Public uses and structures, as permitted under section 25 -4 -11,
(36) Publishing plants for newspapers, books and magazines. printing shops,
cartographing, and d u p licating p suc as blue rioting or photostating shops.
(37) Recycling centers, which do not involve the processing of recyclable materials,
(38) Repair establishments, minor.
(39) Restaurants.
(40) Self storage facilities.
(41) Storage and sale or seed, feed, fertilizer and other products essential to agricultural,
production,
(42) Telecommunication antennas, as permitted under section 25 -4 -12.
(43) Temporary real estate offices, as permitted under section 25 -4 -8.
(44) Transportation and tour terminals.
(45) Truck, freight and driving terminals.
(46) Utility facilities. public and private, including offices or yards for equipment,
material, vehicle storage, repair or maintenance.
(47) Utility substations, as permitted under section 25 -4 -11,
(48) Veterinary establishments,
(49) Vocational schools.
( 50) Warehousing, which does not include r etail s ales o discount houses or
establishments open to the general r I I'c or detin-d members.
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(511 Wholesaling and distribution. including the storage of incidental materials and
equipment. except for highly flammable or explosive products.
(h) In addition to those uses permitted under subsection (a) above. the following uses may be
permitted in the ML district. provided that a use permit is issued for each use:
(I) Crematoriums.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
f c) The following uses may be permitted in the ML district as incidental and subordinate to any
permitted use:
( 1) Living quarters for watchmen or custodians in connection with the operation of any
permitted use.
(2) Retail sales.
(31 Services for persons working in a ML district which are conducted within an integral
part of a main structure with entrances from the interior of the building and which have no display or
advertising visible from the street.
(d) Buildings and uses n dir ectly accessory to t he uses permitted in thi
section shall also be permitted in the ML district.
Section [25 - 217.[ 25 - 5 - 143, Height [limits.] limit. The height [limits] limit in th ML
[districts] district shall be forty - five feet.
Section [25 Minimum building site area. The minimum building site area in
th ML [districts] district shall be ten thousand square feet.
Section 125 - 219.1 25 - 5 - 145. Minimum building site average width. [The minimum] Each
building site [average width] in the ML [districts] district shall [be] have a minimum building site
average width of seventy -five feet.
Section 125 - 220.1 25 - - 146. Minimum yards. Minimum yards in the ML [districts] district
shall be as follows:
(1) Front yard[:], fifteen feet[.]: and
(2) Side and rear yards[:], none, except [as required by plan approval.] where the
adioining building site is in a RS. RD. RM or RCX district. Where the side or rear property line adjoins
the side or rear yard of a building site in an RS. RD. RM or RCX district. there shall be a side or rear
yard which conforms to the side or rear yard requirements for dwelling use of the adjoining district.
Section 125 - 221.1 25 - 5 - 147. Other regulations.
(a) All front yards in the ML district shall be landscaped. except for drives and walkways.
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(h) Where any required side or rear yard in the ML district adjoins a building site in a RS. RD,
RM or RCX district. the side or rear yard shall he landscaped with a screening hedge not less than forty-
two inches in height. along the side or rear property lines so adjoining. except for necessary drives and
walkways
() Plan approval [is] shall be required [of] for all new structures and [uses] additions to existing
structures in the ML [districts.] district,
(d) Exceptions to the regulations for the ML district regarding heights. building site areas,
building site average widths and yards. may be approved by the director within a planned unit
development,
[Article 15.] Division 15. MG, General Industrial Districts.
Section [25 -206.] 25 -5 -150. Purpose and applicability. The MG (general industrial) district
applies to arcas for uses that are generally considered to be offensive or have some element of danger.
Section [25 207.] 25 - 5 - 151. Designation of MG districts. Each MG (general industrial)
[districts] district shall be designated by the [symbols] symbol "MG" followed by a number [indicating]
which indicates the minimum land area. in number of thousands of square feet, required [per] for each
building site, or if the number is followed by the symbol "a," by the minimum number of acres required
[per] for e building site.
Section [25 - 208.] 25 - 5 - 152, Permitted uses.
[(a) The following are permitted uses in the MG districts:
(1) Any of the permitted uses in a ML district.
(2) Brick and pottery factories.
(3) Bulk storage of flammable products and bulk storage of explosive products by use
permit.
(4) Concrete block and concrete products manufacturing.
(5) Concrete or asphalt hatching and mixing plants and yards.
(6) Fabrication plants or yards for steel or other metal frames for buildings.
(7) Lava rock or stone cutting or shaping.
(8) Marine railways, drydocks, and ship or boat yards.
(9) Public and private utility lines and facilities including power plants, offices, or
yards for equipment, material, vehicle storage, repair, or maintenance.
(10) Incidental and necessary services for persons working in a MG district when
conducted within an integral part of a main structure with entrances from the interior of the building and
having no display or advertising visible from the street.
(I 1) Living quarters for watchmen or custodians of industrial properties.
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(12) Animal hospitals.
(13) Animal quarantine stations.
(14) Animal sales, stock, and feed yards.
(15) Breweries, distilleries, and alcohol manufacturing.
(16) Cement production plants.
(17) Dumping, disposal, incineration, or reduction of refuse or waste matter.
(18) Fertilizer manufacturing plants.
(19) Fish canneries, processing, or packing plants.
(20) Meat processing, curing, or packing plants.
(21) Pineapple or other fruit and vegetable processing and canning plants.
(22) Production and processing of wallboard, or other wood or pulp products.
(23) Public dumps.
(24) Reduction, refining, smelting, or allowing of metals, petroleum products or ores.
(25) Sale, storage, sorting, and processing of junk, waste, scrap, discarded, or salvaged
material, machinery, automobiles, or equipment.
(26) Sawmill or planing mill and yards.
(27) Slaughterhouses.
(28) Storage, curing, or tanning of raw, green, or salted hides or skins.
(29) Sugar mills or refineries.
(30) Any other use not otherwise permitted that relates to the manufacturing,
transportation, processing, assembling, distributing, repairing, and storage of goods, products, or
materials.
(31) Restaurants.
(32) Aquaculture activity.
(33) Buildings and uses normally considered directly accessory to the above permitted
uses.]
(a) The following uses shall be permitted in the MG district:
(1) Agricultural products processing. major and minor.
(2) Airfields. heliports and private landing strips.
(3) Animal hospitals.
(4) Animal quarantine stations.
(5) Animal sales. stock. and feed yards.
(6) Aquaculture activities and facilities.
(7) Automobile and truck storage facilities.
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(8) Automobile body and fender estahlishments.
(9) Automobile service stations,
(10) Bakeries.
1 Bar
(12) Breweries, distilleries. and alcohol manufacturing facilities.
(13) Broadcasting stations,
f 14) Bulk storage of flammable products and bulk storage of explosive products.
(] 5) Car washing.
(16) Catering establishments.
( 17) Cemeteries and mausoleums. as permitted under chapter 6. article 1 of this code.
(18) Churches. temples and synagogues.
19) Cleaning and dyeing plants.
( 20) Comm ercial par king Tots and garages.
(21) Community buildings. as permitted under section 25-4-11.
(22) Concrete or asphalt batching and mixing plants and yards.
(23) Contractors' yards for equipment. material. and vehicle storage re pair. or
maintenance.
(24) Dav care centers.
(25) Dumping, disposal. incineration. or reduction of refuse or waste matter.
(26) Fabricating establishments.
(27) Fertilizer manufacturing plants.
(28) Financial institutions.
(29) Food manufacturing and processing facilities.
(30) Freight movers.
(31) Greenhouses. plant nurseries.
(32) Heavy equipment sales. service and rental.
(33) Home improvement centers.
• (34) Junk yards.
(35) Kennels,
J36) Laboratories. medical and research.
(37) Laundries.
(38) Lava rock or stone culling or shaping facilities.
(39) Lumber yards and building material yards.
(40) Machine. welding. sheet metal. and metal plating and treating establishments,
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f4 11 Manufacturing. processing and packaging establishments. light and general.
(42) Marine railways. drydocks. and ship or boat yards.
(43) Motion picture and television production studios.
(44) Photographic processing.
(45) Public dumps.
(46) Public uses and structures. as permitted under section 25 -4 -11.
(47) Publishing plants for newspapers. books and magazines. printing shops,
cartographing. and duplicating processes such as blueprinting or photostating shops.
(48) Recycling centers,
(49) Reduction. refining. smelting. or alloying of metals. petroleum products or ores,
(50) Repair establishments. major and minor.
(51) Restaurants.
(52) Saw mills.
(531 Self storage facilities.
(54) Slaughterhouses.
(551 Storage and sale of seed. feed. fertilizer and other products essential to agricultural
production.
(56) Stora ge. curing. tannin g ; of r aw. gree or salted hides or ski
(57) Telecommunication antennas. as permitted under section 25 -4 -12.
(58) Temporary real estate offices. as permitted under section 25 -4 -8.
(59) Transportation and tour terminals.
(60) Truck. fr and drag to n finals.
(61) Utility facilities. public and Oliva e. including Dower plants. offices or yards for
equipment. material. vehicle storage. repair or maintenance,
(62) Utility substations. as permitted under section 25 -4 -11,
(63) Veterinary establishments.
(64) Warehousing,
(65) Wholesaling and distribution. including the storage of incidental materials and
equipment.
(66) Yacht harbors and boating facilities.
(b) In addition to those uscs permitted under subsection (a) above. the following uses may he
permitted in the MG district, provided that a use permit is issued for each use:
(1) Crematoriums.
(2) Major outdoor amusement and recreation facilities.
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(c) Any other use not otherwise permitted in subsection (a) that relates to the manufacturing,
transportation. processing. assembling. distributing. repairing, and storage of goods. products. or
materials. shall be permitted in the MG district.
(d1 The following uses shall be permitted in the MG district as incidental and subordinate to any
permitted use:
(l) Living quarters for watchmen or custodians in connection with the operation of any
permitted use.
(21 Retail sales.
(3) Services for persons working in a MG district which are conducted within an
integral part of a main structure with entrances from the interior of the building and which have no
display or advertising visible from the street.
(cl Buildings and uses normally considered directly accessory to the u permitted in this
section shall also be 'ermined i the MG district.
Section [25 -209.] 25 -5 -153. Height [limits.] limit. The height [limits] limit in the MG
[districts] district shall be fifty feet. An industrial structure may be built to a height of one hundred feet,
provided the extra height is determined by the director to he functionally necessary.
Section 125 - 210.1 25 - 5 - 154, Minimum building site area. The minimum [building site] 141
area in the MG [districts] district shall be twenty thousand square feet.
Section 125 - 211.1 25 - 5 - 155. Minimum building site average width. [The minimum] Each
building site [average width] in the MG [districts] district shall [be] have a minimum building site
average width of one hundred feet.
Section 125 - 212.1 25 - 5 - 156, Minimum yards.
[(a)] The minimum yards in the MG [districts] district shall be as follows:
(I) Front yard[:], twenty feet[.]; and
(2) Sidc and rear yards[:], none, except [as required by plan approval.] where the
adjoining building site is in a RS. RD. RM or RCX district Where the side or rear property line adjoins
the side or rear yard of a building site in an RS. RD. RM or RCX district. there shall be a side or rear
yard which conforms to the side or rear yard requirements for dwelling use of the adjoining district.
Section 125 - 213.1 25 - 5 - 157. Other regulations.
(al All front yards in the MG district shall be landscaped. except for drives and walkways.
(b1 Where anv required side or rear yard in the MG district adjoins a building site in a RS. RD,
RM or RCX district. a solid wall six feet in height shall be erected and maintained along the side and rear
property lines so adjoining,
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J) Plan approval [is] shall be required [of] for all new structures and [uses] additions to existing
structures in Big MG [districts.] district.
(dl Exceptions to the regulations for the MG district renarding heights. building site areas,
building site average widths and yards. may be approved by the director within a planned unit
development.
[Article 17.1 Division 16. 0, Open Districts.
Section [25 -222.1 25 -5 -160. Purpose and applicability. The 0 (open) district applies to areas
that contribute to the general welfare, the full enjoyment, or the cconomic well -being of open land type
use which has been established, or is proposed. The object of this district is to encourage development
around it such as a golf course[, country club,] and park, and to protect investments which have been or
shall be made in reliance upon the retention of such open type use, to buffer an otherwise incompatible
land use or district, to preserve a valuable scenic vista or an area of special historical significance, or to
protect and preserve submerged land, fishing ponds, and lakes (natural or artificial tide lands).
Section 125 - 223.] 25 - 5 - 161, Designation of 0 districts. Each 0 (open) [districts] district shall
be designated by the symbol "0."
Section 125 - 224.1 25 - 5 - 162. Permitted uses.
[(a) The following are permitted uses in 0 districts: •
(1) Public parks.
(2) The growing of plants provided such growth does not impair a view included in the
stated purposes for adopting the districts. •
(3) Golf courses and country clubs if compatible with the stated purposes of adoption.
(4) Heiaus, historical areas, structures, and monuments.
(5) Existing churches and temples of historical significance.
(6) Natural features, phenomena and vistas as tourist attractions.
(7) Private recreational uses involving no above ground structure except dressing rooms
and comfort stations.
(8) Aquacutlure activity.
(9) Uses considered directly accessory to the above permitted uses.]
(a) The following uses shall be permitted in the 0 district:
J 1) Aquaculture activities and facilities.
f 2) Cemeteries and mausoleums. as permitted under chanter 5. article 1 of this code,
(3) Community buildings. as permitted under section 25 - - 11.
(41 Existing churches and temples of historical significance,
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(5) Forestry.
f6) Game preserves,
( 7) Growing of plants provided such growth does not impair a view intended to be
preserved in the 0 district.
(8) Heiaus. historical areas. structures. and monuments.
(9) Natural features. phenomena. and vistas as tourist attractions.
f10) Private recreational uses involving no above ground structure except dressing rooms
and comfort stations.
f 11) Public parks,
(12) Public uses and structures. as permitted under section 25 -4 -11.
f 13) Telecommunication antennas. as permitted under section 25 -4 -12.
(14) Utility substations. as permitted under section 25-4-11,
(b) In addition to those uses permitted under subsection (a) above. the following rises may be
permitted in the 0 district. provided that a use permit is issued for each use:
f 1) Crematoriums.
(21 Golf courses.
f3) Yacht harbors and boating facilities: provided that the use. in its entirety. is
compatible with the stated purpose of the 0 district.
fc) Uses considered directly accessory to the uscs 'ermined in this sectio hall als• be
permitted in the 0 district.
Section [25 - 225.1 25 - - 163. Height [limits.] limit, There shall be no height [limits] limit in the
0 [districts] district, except as specified as a condition of approval attached to any use permit or plan
approval. For this purpose, the [planning commission shall use the regulations] height limit in the
adjoining districts Shall he used as guides.
Section [25 - 226.] 25 - 5 - 164, Minimum building site area. There shall be no minimum
building site [areas] area in the 0 district, except as a condition of approval attached to any plan
approval. For this purpose, the [planning commission shall use the] minimum building site area
regulations in the adjoining districts shall be used as guides.
Section [25 - 227.1 25 - 5 - 165. Minimum building site average width. There shall be no
minimum building site average width in the 0 [districts] district, except as specified as a condition of
approval attached to any plan approval. For this purpose the [planning commission shall use the]
minimum building site average width regulations in the adjoining districts shall be used as guides.
Section [25 - 228.1 25 - - 166. Minimum yards. There shall be no minimum yards in the 0
[districts] district, except as specified as a condition of approval attached to any plan approval. For this
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purpose, the [planning commission shall use the] minimum yard regulations in the adjoining districts
shall he used as guides.
(Section 25 - 229. Reserved.]
Section 25 - - 167. Other regulations. Plan approval shall be required for all new structures and
additions to existing structures in the 0 district.
[Article 18. U, Unplanned Districts.]
]Section 25 - 230. Purpose and applicability. The U (unplanned) district applies to areas not
subjected to sufficient studies to adopt specific district classification.] •
[Section 25 - 231. Designation of U districts. U (unplanned) districts shall be designated by the
symbol "U. "]
[Section 25 - 232. Permitted uses.
(a) The following are permitted uses in U districts:
(I) One single - family dwelling per building site.
(2) Agricultural uses and buildings, provided that all buildings and pens used for the
enclosure of animals, except a boundary fence must be at least one hundred feet from any property line
and fifty feet from any residence.
(3) Processing of agricultural products, which are raised or produced by an agriculturist,
who shall substantiate such agricultural activity by the submittal of a general excise tax license to the
planning department for acceptance. The processing facility(ies), which may include activities of
milling, pulping, drying, roasting, hulling, storing, packing, shipping and selling, shall secure final plan
approval from the planning department. The setback requirements for the processing facility may be
increased at the time of plan approval review to minimize potential noise, lighting, odor, vector and air
quality impacts. Additional mitigation measures, such as landscaping, may be imposed to reduce
impacts to surrounding properties.
(4) Processing of agricultural products, which arc raised or produced by the agriculturist
as accepted in Section 25-232 (a)(3) and by other agriculturists; provided the processing facility(ies),
which may include activities of milling, pulping, drying, roasting, hulling, storing, packing, shipping and
selling, shall secure final plan approval from the planning department. The setback requirements for the
processing facility may be increased at the time of plan approval review to minimize potential noise,
lighting, odor, vector and air quality impacts. Additional mitigation measures, such as landscaping, may
be imposed to reduce impacts to surrounding properties.
(5) Home occupations.
(6) Piggeries and apiaries on sites approved by the department of health and the director.
(7) Hunting and fishing preserves or lodges.
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(8) Aquaculture activity.
(9) Buildings and uses normally corisidcicd directly accessory to the above permitted
uses.]
[Section 25 - 233. Height limits. The height limit in U districts shall be forty -five feet.]
[Section 25 - 234. Minimum building site area. The minimum building site area in U districts
shall be five acres.]
[Section 25 - 235. Minimum building site average width. The minimum building site average
width in U districts shall be two hundred eighty feet.]
[Section 25 - 236. Minimum yards. The minimum yard requirements for U districts shall be
thirty feet adjacent to all property lines.]
[Section 25 - 237. Other regulations.
(a) In order to assure that development is orderly and many small parcels of land do not come
into existence prior to more comprehensive zoning, each main use or main building shall be located on a
building site having not less than five acres.
(b) If any legal building site in a U district has an arca of less than five acres, the minimum yard
requirements of the A district as provided in sections 25 -156 and 25 -257 shall apply.]
[Article 19. S, Safety District and SF, Safety Flood Hazard District.]
[Section 25 -238. Purpose and applicability.
(a) The S (safety) district applies to areas subjected to potential danger of life or property
because of flash floods, earth or rock slides, action associated with earth faults, (tsunami) tidal waves,
volcanic action, or any other natural phenomenon. The regulations governing safety districts shall be the
same as other districts qualified as a safety district.
(b) The SF (safety flood hazard) district shall apply to areas designated by the Federal Insurance
Administration as being subject to special flood and tsunami hazards.]
[Section 25 - 239. Designation of S and SF districts.
(a) Each S (safety) district shall be designated by the symbol "S" on the zoning map.
(b) Each SF (safety flood hazard) district shall be designatcd by the symbol "SF" with the
following suffixes as applicable:
(I) The elevation of the flood level (referenced by mean sea level (MSL)) shall be
indicated on the zone maps by a numerical suffix to the symbol "SF "; and
(2) For sheet flow conditions, the alphabetical suffix D shall indicate that the area is
subject to undetermined, but possible flood hazard.]
[Section 25 - 240. Use permits. No structure may be erected in any S district unless or until a
use permit has been issued therefor. No use permit for a structure intended for occupancy by people in
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any S district may be issued unless or until the council by prior action has considered and approved
special standards of construction and special safety pi'ecautioiis which are designed for and, in its
opinion, will eliminate or substantially reduce the potential danger from the above listed sources.]
[Section 25- 240.1. Height limits. The height limits in S and SF districts within the South Hilo
district shall be limited to ninety feet.]
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Article 6. Optional Development Regulations.
[Article 21.] Division 1. Planned Unit Development (P.U.D.).
Section [25 Purpose. The purpose of planned unit development (P.U.D.) is to
encourage comprehensive site planning [productive of optimum adaptation] that adapts the desigq of
development to the land, by allowing diversification in the relationships of various uses, buildings,
structures, open spaces and yards, building heights, and lot sizes in planned building groups, while still
insuring that the intent of this chapter [shall be] is observed.
Section [25 Minimum land area [requirement.] required. The minimum in
area required [of] for a P.U.D. shall be two acres.
Section [25 - 248.] 25 - 6 - 3. Application for P.U.D. [approval.] permit; requirements.
[(a) Application] An application for a P.U.U. [approval] permit shall be [made] on a form
prescribed for this purpose by the [planning department] director and shall be accompanied by:
(1) [Filing and processing] A filing fee of [$100; and] 500.
(2) A written description of the proposedproject. including the following information:
(A) A description of the property in sufficient detail to determine the precise
location of the property involved;
(B) A statement of objectives and reasons for the requested P.U.D. permit,
including an analysis of how the request satisfies the standards contained in section 25 -6 -10;
(C) A list of all requested deviations or variances from the requirements of
chanter 23 (subdivisions) and chant r 25 (zoning) of the County code;
(D) A schedule for the timetable of the proposed development; and
(El An analysis of the relationship of the proposed development to the general
plan,
[(2)]() Drawings and plans comprising a general development plan covering the entire
area of the P.U.D. [showing:], and providing the following information:
(A) Uses, dimensions, and locations of proposed structures;
(B) Widths, alignments, and improvements of proposed streets and pedestrian
and drainage ways;
(C) [How the property could be divided] Any proposed subdivision of property
for individual parcel sale;
(D) Parking areas;
(E) Public areas and uses; and
(F) Landscaping and open spaces[;],
[(G) Schedule of development ;]
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[(11)] u Architectural drawings for all buildings other than single- family [dwelling]
dwellings demonstrating the design and character of the proposed buildings and uses[; and],
(5) A list of the names. addresses and tax map key numbers of all surrounding owners and
lessees of property interests in property within the boundaries established by section 25-2-4.
[(1)]() Any other information or plans [deemed necessary by the planning department to
a determination that approval of any requests for sign approvals, plan approvals, use permits or variances
contained in the proposal are justified by this procedural method.] required by rules adopted by the director
in accordance with chapter 91. Hawaii Revised Statutes.
[Section 25 - 249. Procedure for processing application. The procedure for processing an
application for approval of a P.U.D. shall be the same as that provided for a variance application as set
forth in division 4, article 1 of this chapter.]
Section 25 - 64. Notice of action on P.U.D. application.
f a) IJpon acceptance of a P.IJ.D. application. the director shall fix a date for the director's
action on the application. Within ten days after receiving notice of such date. the applicant shall serve
notice of the application on surrounding owners and lessees of record. as provided by section 25 -2-4.
The applicant shall also serve notice on owners and lessees of record of interests in other properties
which the director may find to be directly affected by the P.I J.D. permit sought.
(h) The director shall publish notice of the date of the proposed decision by the director and
the date by which written comments must he received by the director in at least two newspapers of
i e , 1 • u a ' • ! , r • , e• t - da ..• • r .' - c •r' • • • -..e .•,
Section [25 -247.] 25 -6 -5. [Proposed use not permitted in district; application for rezoning.]
Procedure for processing anplication when use not permitted in district. [No P.U.D. shall be
considered by the planning department] An application for a P.U.D. permit that proposes a use [that is] not
permitted either directly or as a conditional use within [the] a district [unless] may be considered by the
director only if a separate application for [rezoning accompanies or has preceded the filing of the
application for approval of the P.U.D. in which case thc two items shall be considered simultaneously.
Should the use be appropriate, the approval of the P.U.D. shall not be effective until the ordinance
adopting any necessary change of district shall have become effective.] a change of zone is filed
concurrently with or prior to thc P.U.D. permit application. The P.U.D. permit application and the change
of zone application shall be considered concurrently. and anv P.U.D. approved by the director shall he
effective only when the change of zone ordinance becomes effective.
Section [25 -252.] 25 -6 -6, Actions [permitted on application.] by director on P.U.D. permit
applications.
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(a) [The planning department may deny, approve, or conditionally approve an application for a
P.U.D.] Except as provided in section 25 -6 -5. the director shall. within sixty days after acceptance of a
P.U.D. permit application. deny the application or approve it subject to conditions.
(b) [On any P.U.D. the planning department may make any considerations and apply any
conditions indicated under the procedure for processing applications for plan approvals, use permits, or
variances.] The conditions imposed by the director shall bear a reasonable relationship to the P.U.D. permit
issued. and to the approved uses. plans. and variances of district standards: provided. however. that no
improvements or alterations off -site of the project shall be required as a condition of a P.U.D. Permit,
[Section 25 - 253. Imposition of conditions upon approval. Any conditions imposed by
the planning department upon approval of an application or P.U.D. may include but are not limited to] The
conditions may include, but not be limited to the followingi
() [the time within which the project shall begin and be completed,] Commencement and
completion time frame for the project;
(2) [changed boundaries of the project,] Boundary and density changes approved in the
project;
(3) [uses pennitted,] Uses that are prohibited or limited;
(4) [specification of] Specifications for the minimum development standards[,];
(.5_) [specified street dedication and improvement,] Specifications for street imnrovement
and dedication;
() [utilities] Utilities to be furnished[,]; and
(2) [a list or limit of] The extent and limitations upon the variances permitted.
[Section 25 - 250. Partial approvals.] CO The director may. within the sixty day period after
acceptance of a P.U.D. permit application. grant a [Partial] partial approval [may be given] of the request
where [architectural] all plans and drawings have not been submitted with the original application [for
approval of a P.U.D., but]. Provided. however. that no building permit shall be issued, nor shall any
construction on the property commence until the drawings have been [considered] reviewed and approved
by the [planning department] director and full [approval of the P.U.D. secured.] P.1J.D. permit approval
has been issued for the portion of development comprising the proposed construction.
(d) When plans and drawings are submitted after a partial approval of a P.U.D. permit application
has been issued under subsection (c) above with a request for further partial approval or full approval. the
director shall review the drawings and shall either approve or deny the reruest within thi _ da s fro t h-
date that the drawings are filed by the applicant. In the event of a denial of such request. the applicant ntav
resubmit a revised request for further partial or full P.U.D. permit approval of the application and in
Accordance with this subsection.
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JO If the director fails to act upon a P.U.D. permit application within the prescribed sixty day
period as required by subsection (a) above. the application shall be considered as having been denied and
the director shall immediately inform the applicant of such denia If the di rector f 'iils to act u o fi
plans and drawings within the thirty day period required by subsection (d) above. the plans shall he
considered as having been approved and a full P.U.D. permit issued.
Section 25 - 6 - 7. Review of' director's action by non - applicant.
(a) If the director grants a P.U.D. permit over the timely written objection submitted by an
interested party. the interested party may request the commission's review of the director's action. For
purposes of this section. an "interested party" means a person who (I) has a property interest in the subject
property: or (2) owns or is the recorded lessee of property within the boundaries established by section 25-
2-4: or (3) can otherwise demonstrate to the satisfaction of the commission that such person will he so
directly and immediately affected by the proposed P.U.D. permit that the person's interest in the action is
clearly distinguishable from that of the general puhlic. The request by an interested party must he made in
writing within fifteen days after notice of the director's decision. and shall contain a statement of the
grounds of the objection. The request shall be accompanied by a non - refundable filing fee of $250,
(b) The commission shall accept a request for review of the director's action only if the request is
submitted in writing by an interested person within the time period prescrihed by subsection (a) above. The
commission shall considcr 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 he heard. Within
forty -five days after the receipt of a request for review. the commission shall determine either that the
director granted the P.U.D. permit properly or that sufficient cause exists for a puhlic hearing on the
matter. If the commission fails to make such determination within the prescrihed time. the director's action
shall he considered as having been affirmed.
(c) if the commission determines that a public hearing is necessary. it shall promptly schedule the
public hearing at which time the applicant. any interested party and members of the general public shall
have the opportunity to be heard on the application. A contested case hearing. as defined in chapter 91,
Hawaii Revised Statutes. shall not be held by the commission on any P,JJ.D. permit application,
(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 Harty shall also serve notice on owners and lessees of record of
interests in other properties which the commission may find to be directly affected by the P.U.D. permit
sought.
(e) The commission shall provide notice by publication of the puhlic hearing in accordance with
the provisions of this chapter.
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(f) Within ninety days of its decision to hold a public hearing on the matter, or within a longer
period as may be agreed to by the abplicant, the commission shall either deny the P.U.D. application or
approve it subject to conditions. stating the factual findings supporting the P.U.D. approval or denial. If
the commission fails to render a decision within the prescribed time. the director's action shall be
considered as having been affirmed,
Section 25 - 6 - 8. Appeal of director's action by anplicant.
(a) lfthe director denies a P.U.D. permit application. such decision is final except that. within
thirty days after the date of the written decision. the applicant may an e. I such action to the commis ion.
(b) An appeal by an applicant to the commission shall be submitted in writing to the commission
on a form prescribed by th commission and shall be accompanied b
(1) A non- refundable filing fee of $250: and
(2) Ten topics of a statement of the specific grounds for the appeal.
(c) The commission shall provide notice by publication of the public hearing in accordance with
the provisions of this chapter,
(d) The commission shall provide written notice of the public hearing. at least ten days prior to the
hearing. to persons who had submitted timely objections to the P.U.D. permit application before the
director's action.
(e) The commission shall conduct a public hearing within a period of sixty days from the date the
written appeal is accented by the commission. unless that period is waived by the applicant. A contested
case he r g as defined under chapter 91 Hawaii Revised Stat utes shall not be held by the commission on
any P.U.D. permit appeal.
(0 Within ninety days after acceptance of an applicant's P.U.D. permit anneal. or within such
longer period as may be agreed to by the applicant, the commission shall affirm. modify. or reverse the
director's action.
(g) All actions of the commission shall contain a statement of legal and factual bases for its
decision in accordance with the criteria contained in section 25 -6 -10.
(h) A decision to affirm. modify. or reverse the director's action shall reauire a majority vote of the
total membership of the commission. If the commission fails to render a decision to affirm. modify. or
reverse the director's action within the prescribed period. the director's action shall be considered as having
been affirmed.
Section 25 - - 9. Further appeal rights. All actions of the commission are final except that,
within thirty days after the date of the written decision. any person aggrieved by the decision of the
commission ntav anneal such action to the board of appeals in accordance with this chapter
Section [25-251.125-6-10. [Findings by planning department to approve P.U.D.] Criteria for
granting a P.U.D. permit.
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[(a) In order to approve a P.U.D. the planning department shall find the following:] A P.U.D
permit may be granted by the director upon finding that:
[(1)]() The construction [on] of the project [shall] can begin [within a reasonable period
of time from the date of full approval] and [shall] be completed within a reasonable period of time[.] from
the date of full approval.
[(2)](b) The proposed development substantially conforms to the general plan.
[(3)](e) [All] Any residential or agricultural development shall constitute an environment
of sustained desirability and stability[, shall be] for the district that is in harmony with the character of the
surrounding [neighborhood,] area, [and shall result] that results in an intensity of land [utilization] use no
higher than[, and] that otherwise specified for the district, and that maintains the standards of open space at
least as high as [permitted or as] that otherwise specified for the district in which [this] the development
occurs.
[(4)](4) [All] Any commercial development shall not create [no] traffic congestion[, shall
not] which exceeds that which would have been produced under conventional development patterns,
practices and standards in the district or interfere with any projected public improvements, shall provide
for proper entrances and exits along with proper provisions for internal traffic and parking, and [shall] be
an attractive center [with no adverse effect] which does not adversely impact upon [the] adjacent and
surrounding existing or prospective [development.] developments
[(5)](e) [All] Any industrial development shall be in conformity with desirable
performance standards and shall constitute an efficient and well organized development with adequate
provisions for freight service and necessary storage, and [that such development] shall [have no adverse
effects] not adversely impact upon adjacent and surrounding existing or prospective development.
[(6)]ff The development of a harmonious, integrated whole justifies exceptions, if
required, to the normal requirements of this chapter, and [that] the contemplated arrangements or use make
it desirable to apply regulations and requirements differing from those ordinarily applicable under the
district regulations.
Section 25 - 6 - 11. Height exceptions authorized.
[(h)] (Al A building [proposed] approved under a P.U.D. permit may exceed the height limit
specified under the [zoned] zoning district of the property and [from the requirements of section 25 -56 of
this division. I lowever,] the height limits under section 25 -4 -22: provided, that the maximum height of the
building shall not exceed seventy -five feet.
[(c)] an A building [proposed] approved under a P.U.D. permit and situated within a [zoned]
zoning district which exceeds the height limits specified [within this section] under subsection (al may he
permitted at the higher height [limit specified under regulations] limits prescribed for that [zoned] zoning
district.
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Section [25 -254.1 25 -6 -12. Approval of [P.U.D.; effect on requirements for variance,]
variances, use [permit, or] permits and plan [approval.] approvals issued under P.U.D. permit.
(a) [Application for an approval of a P.U.D., wherein variances from the standard regulations are
approved or wherein uses normally requiring use permits are permitted, shall be deemed to be in
compliance with all the necessary procedures for securing or granting a variance or a use permit.] No
separate or additional variance permit or use permit shall he required for any variance or use approved
under a P.U.D. permit. and any variance or use approved under a P.11.D. permit shall be considered to be
in compliance with the required procedures for obtaining a variance or use permit.
(b) [Where completed drawings are considered, approval of a P.U.D. shall be deemed to be and
includes plan approval as provided for in Article 20 of this chapter.] Plan approval shall be considered
issued when completed drawings are approved under a P.U.D. permit. and no further action is required for
the issuance of plan approval under this chapter,
Section 125 - 255.1 25 - 6 - 13. Effect of P.U.D. [application approval.] permit on other zoning
provisions. Any P.U.D. [, as approved.] permit issued shall be subject to all of the conditions imposed in
the permit and shall be [excepted] exempted from other provisions of this chapter only to the extent
specified in [said approval.] the permit.
Section 125 - 256.1 25 - 6 - 14. [Extensions] Time extensions and amendments.
(a) [Requests] Any request for time [extensions and amendments] extension or an amendment to
[the] a P.U.D. permit or to [its] the conditions of a P.U.D. permit may be granted by the [planning
department] director upon finding that no change has occurred in relation to the property since the [initial]
P.U.D. [approval] permit was issued or that the approval is still valid with respect to any changed
conditions.
(b) [Within forty -five days after receipt of an extension or amendment application, the planning
department shall take action thereon and may impose additional conditions to meet the intent of the P.U.D.
approval.] The director shall act on anv request for a time extension or amendment within forty -five days
after the receipt of the request. In granting any time extension or amendment. the director may impose
additional conditions to meet the intent of the P.U.D. permit.
[(c) For any time extension, the application shall be filed in the office of the planning department
not less than sixty days prior to the expiration date.]
[Article 22.1 Division 2. Cluster Plan Development (C.P.D.).
Section [25 - 257.1 25 - - 20. Purpose. The purpose of cluster plan development (C.P.D.) is to
provide exceptions to the [provisions of article 4,] density requirements of the single- family residential
(RS) district so that permitted density of dwelling units contemplated by the minimum [lot size] building
sag requirements is maintained [in single - family districts] on an overall basis and desirable open space,
tree cover, recreational areas, or scenic vistas are preserved.
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Section ]25 -258.] 25 -6 -21. Minimum land area [requirements.] required. The minimum land
area [of] required for a C.P.D. shall be [at least] two acres.
Section [25 - 259.] 25 - 6 - 22. [Procedure] Application for ]cluster plan development.] C.P.D,
(a) [Application] An application for a C.P.U. [approval] permit shall be [made] on a form
prescribed by the [planning department] director and shall be accompanied by a filing and processing fee
as set forth under chapter 23, the subdivision control code.
(b) The procedure for processing an application for [approval of] a C.P.D. permit shall be [in the
manner] the same as that prescribed for a subdivision application[.] under chapter 23, the subdivision
control code,
Section ]25 -260.] 25 -6 -23. [Restrictions under cluster plan developments.] Computation of
maximum number of lots.
(a) [C.P.D. is restricted as follows:
(1)] The maximum number of [lots] building sites that may be created [under the] in a
C.P.D. [procedure] shall be computed by subtracting [twenty] Lep percent of the total area [being
considered] proposed for the C.P.D. for street [right -of -way] rights -of -way, and dividing the remaining
area by the minimum [lot] building site area requirement of the single- family residential [district or
districts] districts) in which the C.P.D. is to be located.
(b) [This] Iht method of computation prescribed in subsection (a) shall apply [regardless of the
amount of land] whether or not ten percent of the total land area is actually required for street [right -of-
way.] rights -of -way,
Jrc,) Land utilized by utilities for [easement] easements for major facilities, such as electric
transmission lines and watcr mains, where such land is not available to the owner for development because
of the easements, shall not be considered as part of the gross acreage in computing the maximum number
of [lots] building sites that may be created [under the] in a C.P.D. [procedure.]
(i1) Land normally subjected to being submerged in water or with slopes in excess of thirty percent
shall not be considered as part of the gross acreage in computing the maximum number of [lots] bia
sites that may be created [under the] ip_a C.P.D. [procedure].
Section 25 - 6 - 24. Minimum lot size in C.P.D.
[(2)] a) [Under this procedure, lots] Building sites in a C.P.D. may be reduced in area below the
minimum [lot size] area required in the district in which the C.P.D. is located, provided that the average
[lot size] building site of the [lots] area created in the C.P.D. is not below the minimum [lot size] building
site area required in the district for C.P.D.
[(3)] Lb) No [lot] building site in [single - family residential] an RS district shall be reduced in area
below the following minimum [standard:] standards:
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• Area Requirement C.P.D. Minimum Standard
1 acre 20,000 square feet
30,000 square feet 15,000 square feet
20,000 square feet 12,000 square feet
15,000 square feet 10,000 square feet
10,000 square feet 7,500 square feet
7,500 square feet 6,000 square feet
Section 25 - 6 - 25. Common land in a C.P.D.
[(4)] L) The location, extent and purpose of common land proposcd to be set aside for open space
or for recreational use within any C.P.D. must be [received and] approved by the [planning department
before the provisions of this section shall apply.] director. A private recreational use such as a golf course
or a swimming pool, [whose] which use is limited to the owners or occupants of [lots] building sites
located within the C.P.D. may be approved as [a] common land. Other uses or sites which may qualify as
common land include historic buildings or sites, parks and parkway areas, ornamental parks, extensive
areas with tree cover, land along usable shoreline areas, and low land along streams or areas of rough
terrain where such areas are extensive and have natural features worthy of preservation and are usable for
normal recreational pursuits.
[(5)] (h) The method of maintenance of common land for open space or recreational use shall be
[acceptable to] approved by the director.
[(b) The requirements as set forth under P.U.D. shall apply in casts not mentioned under C.P.D.
and which are determined to be applicable by the planning department.]
Section 25 - - 26. Appeal of a C.P.D. decision. Within thirty days after the date of the director's
written decision regarding a C.P.D.. any person aggrieved by the decision may appeal the director's action
to the board of anpeals in accordance with this chanter.
[Article 25.1 Division 3. [Ghana Dwelling Unit.[ Ghana Dwellings.
Section [25-270.125-6-30. [Purpose and] General provisions, applicability. [The limitations
and requirements of this chapter shall apply to a lot within the county zoned Single - Family Residential
(RS) district, the Unplanned (U) district, the Residential and Agricultural (RA) district, and the
Agricultural (A) district; provided that:]
Ohana dwellings shall be permitted on a building site within the RS. RA. FA and A districts; provided
that;
(a) [The lot] The building site is a legal lot of record as determined by the [planning
department;] director;
(b) Any [lot] building site which is [classified Agricultural by the state land use commission]
within the state land use agricultural district shall be subject to agricultural requirements for farm
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dwellings as established by [department rule or] ordinance[;] or by rule of the director, adopted pursuant to
chapter 91. Hawaii Revised Statutes;
(c ) All applicable [county requirements, not inconsistent with the ] provisions of this chapter, are
met, including but not limited to, [building height,] heights limits, minimum [yard requirement,] yards
[setback,] and parking [requirements]; and
(d) The following public facilities are adequate to serve the ohana dwelling unit:
(1) Sewage disposal system. [A lot on which an ohana dwelling unit would be permitted]
The building site shall be served by a public or private sewage disposal system.. An adequate public
sewage disposal system [to accommodate the ohana dwelling unit] shall meet with the requirements of the
department of public works and an adequate private sewage disposal system, [cesspools,] cesspool or
septic [tanks] tank [to accommodate the ohana dwelling unit] shall meet with the requirements of the state
department of health.
(2) Potable water supply. [A lot on which an ohana dwelling unit would be permitted]
The building site shall be served by an approved public or private water system meeting with the
requirements of the department of water supply [to] which system can accommodate the ohana dwelling
and the main dwelling unit. An ohana dwelling [unit] that is not served by an approved public or private
water system [meeting with the requirements of the department of water supply] may [be permitted to] use
a water catchment system [subject to the] provided that the director determines that there is sufficient
annual rainfall in the area [as approved by the planning department and meeting] to accommodate a water
catchment system and water catchment system meets the requirements of the department of health and the
department of water supply.
(3) Fire protection. [A lot on which an ohana dwelling unit would be permitted] The
building site shall be served by adequate fire protection measures meeting with the requirements of the fire
department.
(4) Streets. [A lot on which an ohana dwelling unit would be permitted] The building site
shall gain access to a public or private street meeting with the requirements of the department of public
works.
Section 125 .] 25 - 6 - 31. [Eligibility.] Eli ibili v for ohana dwelling permit.
(a) [No] An application for [a permit for] an ohana dwelling [unit] permit on any building site
shall only be accepted by the director [prior to] after the completion of all subdivision improvements
required [for final subdivision approval for any lot established by a subdivision under the provisions of] by
[Chapter] chapter 23 [of the Hawaii County Code.] (subdivisions). for the subdivision in which the
building site is located. For purposes of this [section,] subsection, "completion" [shall mean actual] means
the construction of all of the subdivision improvements including the subdivision roads. drainage. water,
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and if applicable. wastewater systems. in accordance with approved construction plans. which
improvements [has] have been completed to the satisfaction of the chief engineer.
(b) [No more than] Only one permit application for an ohana dwelling unit may be active for any
one applicant at any time. Any applicant who has [previously] obtained [a permit for] an ohana dwelling
[unit in the County of Hawaii] permit shall not be eligible [to] or apply for a subsequent [permit for
another] ohana dwelling [unit] permit on [a different lot until] any building site for a period of two years
[has elapsed] from the date on which the [prior permitted] first ohana dwelling unit was completed to the
satisfaction of the chief engineer. For purposes of this [section,] subsection, each titleholder and person
named in [the] an application for an ohana dwelling permit, pursuant to [Section 25- (b) Procedures,]
Section 25- 6- 29(b), shall be [construed] considcred [as an] the applicant [or permittee]. The director shall
maintain and keep readily available for public reference a current list of applicants [and permittees] for
ohana dwelling units, including the dates of application and approval or denial.
Section [25 - .1 25 - 6 - 32. [Non - applicability.[ Prohibited areas.
[The provisions of this article shall not apply to:] Ohana dwelling units shall be prohibited in the following
areas:
(a) [A lot] Any building site within the [State Land Use Conservation District;] state land use
conservation district;
(b) [A lot] Any building site developed under an affordable housing project approved by the state
housing finance and development corporation (HFDC) and /or the [county] County housing agency which
has been granted pre - emptions from the requirements of [the I lawaii county code ;] this code;
(c) [A lot] Any huilding site developed as a [Planned Unit Development] planned unit
development (P.U.D.) or a [Cluster Plan Development] cluster plan development (C.P.D.);
(d) [A lot] Anv building site where more than one dwelling unit is permitted in the [zoned]
zoning district, [or is permissible] including building sites that permit more than one dwelling unit in the
RS [lolled] district[. No ohana dwelling unit shall be permitted on the same lot with a two - family or],
building sites with duplex and [multi] multiple - family dwellings, [a family] care [home,] homes, [a public
or private care facility, or a single - family dwelling with transient accommodations ;] family child care
homes. group living facilities. and single- family dwellings which are transient vacation units;
(e) [A lot] Any building site which is the subject of an approved variance from the provisions of
[the zoning and subdivision control codes :] this chapter or chapter 23 (subdivision
(f) [A lot] Any building site on which the construction of an ohana dwelling or a second dwelling
unit is specifically prohibited by a change of zone ordinance.
Section 125 .1 25 - 6 - 33. Designation of the ohana dwelling unit.
(a) Regardless of the size of a [lot,] building site [no] not more than one ohana dwelling unit
shall be permitted on the same [lot] building site with the first single- family dwelling unit.
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(b) [Through the application and permitting procedures set forth in this article, the planning] The
director may designate an existing, first single - family dwelling unit as an ohana dwelling unit in order to
allow permitting of a new first single - family dwelling unit when such existing dwelling is the only
dwelling unit on the [subject property] building site and [it] the dwelling unit complies or will be modified
to comply with all the requirements of this [article.]division.
Section [25 .125 [Maximum height limitation.] Height limit. Except when the living
areas of the ohana dwelling unit and the first dwelling unit are joined by a common wall, floor, or ceiling,
the height limit for an ohana dwelling unit shall [not exceed the maximum height ot] be twenty -five feet,
regardless of [the maximum height limitation in the zoned district.] whether a greater height limit is
provided for the zoning district.
Section [25- .] 25 -6 -35. [Minimum lot size and yard requirement.] Minimum building site
area and yards.
(a) The minimum [lot size] building site area for a [lot] building site containing both the first
dwelling and the ohana dwelling unit [in the RS, U, RA, and A districts] shall be [ 10,000] ten thousand
square feet.
(b) The minimum front, rear, and side yard requirements [to permit the construction or placement
of ] for a detached ohana dwelling unit shall be the minimum yard requirements [stipulated] for the [zoned]
zoning district in which the [subject lot] building site is situated plus an additional five [(5)] feet.
(c) [The] An ohana dwelling unit and a single family dwelling unit may be constructed as a
duplex (i.e. there is a common wall or floor /ceiling).
Section [25 .1 25 - - 36. Guest houses. A guest house, as described in [Section 25 -49, Hawaii
County Code,] section 25 -4 -9, shall not be permitted on any [lot] building site where an ohana dwelling
unit has been permitted or constructed. [In the event a lot contains] If an existing guest house[,] is situated
on a building site, an ohana dwelling unit shall not also be pennitted[, however.] on the building site,
Provided. that an existing guest house may be converted into an ohana dwelling unit in accordance with
the requirements of this [chapter.] division.
Section [25 - .1 25 -6 -37. Offstreet parking [required.] spaces. [Parking shall comply with the
requirements set forth in Section 25 -73(a) of the Hawaii County Code.] The number of parking spaces for
an ohana dwelling unit shall be asprovidcd under section 25 -4 -51.
Section [25 .] 25 - 6 - 38, [ohana dwelling units and variances.] Variances prohibited. No
variance from [the zoning or subdivision control codes] either this chapter or chapter 23 (subdivisions),
shall be granted to permit the construction or placement of an ohana dwelling unit[.] on a building site.
in addition. [An] an ohana dwelling unit shall not be permitted on a [lot] building site for which [has
been the subject of favorable action on a variance application previously granted from the provisions of
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the zoning and subdivision control codes.] a variance from either this chapter or chapter 23
(subdivisions). has already been granted.
Section 125- .J 25 -6 -39. [Application form.] Application for ohana dwellina_permit;
requirements.
(a) [The] An application form for an ohana dwelling permit shall be [prepared by the planning
director.] filed with the director on a form prescribed for this purpose by the director. and shall be
accompanied by;
[Section 25 - . Procedure.]
[(a)]W A [completed application and a] filing fee of $25 [for an ohana dwelling unit
shall be filed with the planning director for review and action];
[(b)](2) The [application shall be executed by all titleholders and shall include their
individual] names and addresses[. When titled interests in the subject lot are held] of all the owncrs of the
building site. provided that when the property is owned by a corporation, association, partnership[,] or
trust, the names and addresses of all partners, directors, officers, [or] shareholders or beneficiaries holding
an ownership or beneficial interest of at least ten [or] more percent [thereof] shall be [listed] included; and
[(c)]fl) [The applicant shall submit with the application, an] An affidavit, in the form
prescribed by the director, [stating] verifyin that [provisions of any] there is no restriction[,] or covenant
[or other land use restriction] applicable to the [subject lot] building site [by way of a] contained in any
deed, lease, or other [provision do not prohibit] recorded document. which prohibits the construction or
placement of an ohana dwelling or a second dwelling unit[.] on the building site.
[(d)]th) The applicant shall [deliver a] serve notice of the ohana dwelling permit application [to
all parties listed in the application who did not execute the application as a titleholder, owners of properties
within three hundred feet of the perimeter boundary of the subject lot, and any known association of such
property owners, informing the recipient that the applicant has made an application for an ohana dwelling
unit. Proof of such service of notice shall be submitted with the ohana dwelling unit application. Failure
to identify and to notify all such owners of interests, property owners and association of owners shall
render the application incomplete.] on surrounding owners and lessees of record as provided by section
25 -2 -4. The applicant shall also serve notice on all owners of the property identified in the application
who did not execute the application, and any known association of property owners which has jurisdiction
or authority over the subdivision in which the building site is situated. Proof of service of the notice. in thc
manner provided under section 25 -2 -4, shall he submitted together with the ohana dwelling permit
application.
Section 25 - 6 - 39.1. Action on ohana dwelling permit.
[(e)](g? Upon [filing a complete and acceptable acceptance of an ohana dwelling permit
application, the [planning] director shall forward the application [for thc ohana dwelling unit] to
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appropriate agencies for review and comment on the adequacy of those infrastructure facilities [to
accommodate] reouired for the ohana dwelling unit, [pursuant to Section 25- ()().] under section 25 -6 -30.
(b) [The planning director shall render a decision (approve or deny) following ] Within a period
of at least thirty [(30)] days but [no] not more than sixty [(60)] days after [receipt of a complete and
acceptable application.] ac of an ohana dwcllirw permit application. the director shall either
approve or deny the application.
(c ) If the [planning] director [does not] fails to render a decision within the prescribed sixty day
period [from the date the application was filed], the application shall be [deemed] considered as being
approved.
Section [25 .] 25 - 6 - 39.2. Building permit[.] for an ohana dwelling.
(a) A building permit for the construction of an ohana dwelling unit shall be secured within one
year from the date [of issuance of ] that the ohana dwelling unit permit was issued. A thirty [(30)] day time
extension may be granted by the [planning] director if it can be demonstrated by the applicant that non-
performance [is] was not the result of [their] the applicant's fault or negligence. In the event that the
applicant fails to secure a building permit for the construction of the ohana dwelling unit [on the lot]
within the one year time period, or [in the case when a thirty -day time] a y extension [was] granted[,]y
the director, the ohana dwelling unit permit shall be void.
(b) [The applicant shall not be able to obtain any extension of time thereof; further, such failure
shall not be cause to petition the planning director, board of appeals or any other governmental body for
relief from the one -year limitation set forth in this section] The time extension provided for an ohana
d welling p e r mi t unde s ubsectio n (a) above shall be t he onl time e xtension av to a applicant. and
no further time extension shall be allowed. Further. the failure to obtain any further time extension of an
ohana dwellingpermit shall not be cause to petition the director. the commission or the board of appeals
for relief from the time limitation for an ohana dwelling permit as provided under this section.
Section [25 25 - 6 - 39.3. Non - transferability[.) of permit,
( A permit for [the] an ohana dwelling unit shall be personal to the applicant [until construction
of the ohana dwelling unit has been completed to the satisfaction of the chief engineer] and shall not be
transferable or assignable to any other person [prior to its completion.] u ntil construction of the ohana
dwelling unit has been completed and final approval has been issued by the chief engineer,
[Section 25 . Prohibition of Advertising, Sales, Transfers.)
([2) No person shall advertise or represent to the public that a permit to construct an ohana
dwelling unit is transferable with the sale of the property on which the permit has been granted.
[Section 25 . Rules. The planning director shall promulgate rules within three months from the
effective date of this ordinance in accordancc with Chapter 91, Hawaii Revised Statutes, necessary to
implement the provisions of this article, with the assistance of other agencies, as appropriate]
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Section [25- .] 25 -6 -39.4. Pending applications.
[(a) Any permit issued for an ohana dwelling prior to the effective date of this ordinance but for
which no building permit has been obtained shall be void one year from the effective date of this ordinance
or on the expiration date of the dwelling approval, whichever occurs first.]
[(b)](a) All pending applications for [an] ohana [dwelling] we lip filed with the [planning]
director prior to [the effective date of this ordinance] May 4. 1996, shall be processed in accordance with
this [ordinance,] division, with the exception of the filing fee. The [planning] director may require the
applicant to submit additional information to comply with this [article.] division,
Section 25 - 6 - 39.5. Illegally constructed ohana dwellings. In the event that an ohana dwelling
unit is constructed contrary to the provisions of this division. with or without a permit therefor having been
issued. the ohana dwelling unit. shall be considered unlawful and a public nuisance. and action or
proceedings for abatement. removal and enjoinment of the unlawful ohana dwelling shall immediately be
commenced in accordance with this chapter.
Section [25 .] 25 - 6 - 39.6. [Revocations.] Revocation of an ohana dwelling permit.
(a) The [planning] director may initiate proceedings to revoke [the] a permit for an ohana
dwelling unit [in the event that:] if:
(1) The applicant intentionally [misrepresents] misrepresented a material fact in the permit
application [or its], including all attachments; or
(2) The applicant [transfers] transferred or [attempts to transfer] attempted an ohana
dwelling unit permit issued by the [planning] dircctor prior to completion of the construction of the ohana
dwelling unit and [to the satisfaction of] final approval by the chief engineer;
(b) [A] The director shall serve written notice of the proposed revocation [shall be made to] 9Il
the applicant by registered or certified mail with return receipt [as prescribed in Chapter 91 -9.5 of the
Hawaii Revised Statutes].
(c) [The applicant shall have the opportunity for a hearing with the board of appeals on the
revocation of an ohana dwelling unit permit in accordance with Chapter 91, Hawaii Revised Statutes.] The
applicant may. within thirty days after receipt of the_proposed revocation notice. appeal the revocation
rotic . .o . .f ..e, •rovided bv - '. - • the Co charter andsecti.I _ -2 -21
through 25 -2 -24 of this chapter. An appeal to the hoard of appeals shall stay the provisions of the
director's order vending the final decision of the board of appeals.
[(d) In the event that an ohana dwelling unit is constructed contrary to the provisions of this
article, with or without a permit therefor having been issued, it shall be considered unlawful and a public
nuisance and action or proceedings for abatement, removal and enjoinment of the unlawful ohana dwelling
shall immediately commence pursuant to Division 2 of Chapter 25 of the Hawaii County Code.j
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Section 125 .J 25 - - 39.7, Appeals. [The approval or disapproval of the ohana dwelling unit by
the planning director may be appealed to the Board of Appeals in accordance with its rules.] Any person
aggrieved bv the decision of the director in the issuance of an ohana dwelling permit decision. except for a
decision regarding the duration of a permit under section 25 -6 -39.2. may appeal the director's action to the
board of appeals. in accordance with this chapter. within thirty days after the date of the director's writtcn
decision,
Division 4. Project Districts (pm
Section 25 -6 -40. Purpose and applicability. The project district (PD) development is intended
to provide for a flexible and creative planning approach rather than specific land use designations. for
quality developments. It will also allow for flexibility in location of specific uses and mixes of structural
alternatives. The planning approach would establish a continuity in land uses and designs while providing
for a comprehensive network of infrastructural facilities and systems. A variety of uses as well as open
space. parks. and other project uses are intended to he in accord with each individual project district
objective. A project district is an amendment to this chapter which changes the district boundaries in
Accordance with the individual project district.
Section 25 - 6 - 41. Criteria for establishing a project district. A project district may be
established as an amendment to this chapter whenever the public necessity and convenience and the
general welfare require that a comprehensive planning approach for an area should be adopted in order to
establish a continuity in land uses and designs while providing a comprehensive network of infrastructural
facilities and systems. In addition. a project district may only be established if the proposed district:
(1) Is consistent with the intent and purpose of this chapter and the County general plan;
and
(2) Will not result in a substantial adverse impact upon the surrounding area. community
or regicL
Section 25 - 6 - 42. Minimum land area required. The mini um land area required for a project
district shall be fifty acres.
Section 25 - - 43. Permitted uses. Any uses permitted either directly or conditionally in the RS,
RD. RM. RCX. CN. CG. CV or V districts shall be permitted in a project district: provided. that each of
th proposed uses and the overall densities for residential and hotel uses shall be contained in a master
for the project district and in the project district enabling ordinance.
Section 25 - 6 - 44. Anplication for project district; requirements.
f al An application for a project district may be filed bv a property owner or any other person with
the property owner's consent. The application shall be on a form prescribed for this purpose by the
director and shall be accompanied by:
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(1) A filing fee of $5,000. -
(21 A description of the property in sufficient detail to determine its precise location.
(31 A master conceptual plan of the property. showing the project district boundaries and
the land uses and acreage of land involved.
(4) A description of the proposed project district. including land uses. densities,
infrastructural requirements. and development standards.
(5) A description of each of the open space areas proposed for the project district for
cultural and /or environmental purposes including those open space areas presery ed because of natural
hazards.
(6) A metes and bounds description of the property prepared by a surveyor.
(7) A list of the names. addresses and tax map key numbers for those property owners and
lessees of record of surrounding properties who are featured to receive notice under section 25 -2 -4.
(81 A county environmental report: provided that a county environmental report shall not
be required where an environmental impact statement or an environmental assessment and negative
declaration have been prepared and issued in compliance with chapter 343. Hawaii Revised Statutes. as
amended.
(9) Any other plans or information re uiq red by rules adopted by the director in
accordance with cha pter 91 awaii Revised Statutes.
(hl Within ten days after filing an application for a project district. the applicant slt.11 serve n otice
of the application on surrounding owners and lessees of record as provided by section 25-2-4.
(c) Within one hundred twenty days after a project district application has been accepted by the
director. the director shall forward the application to the commission. together with the director's
recommendation on the proposed project district. and together with a proposed project district ordinance
which establishes the �roiect district and nrovides project district standards and conditions. including
permitted land uses. accessory uses. densities. heights. setbacks. and variances from the requirements of
this chapter, and from chapter 23 (subdivision control). if applicable. as contained in the master conceptual
p Ian for the nrroieet district:
(d) The commission shall review any project district application and shall forward its
recommendation on the application to the council through the mayor for the council's consideration and
action.
(1) In reviewing the application. the commission shall hold at least one public hearing in
the district in which the proposed project district is located. The commission shall provide reasonable
notice of the date of the hearing to the applicant. The commission shall also publish notice of the hearing
in accordance with the reciuircments of this chanter.
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(2) Within ten days after receiving notice of the date of the public hearing. the ariWicAat
shall serve notice of the hearing on surrounding owners and lessees of record as provided by section 25 -2-
4 h :. Iicant shall also serve notice on owners and lessees of record of interests in other properties
which the commission may find to be directly affected by the proposed project district.
(3) Within ninety days after receipt of the an lication from the dir • . nl- a l.n
period is agreed to by the apnlicant. the commission shall transmit the proposed project district ordinance
together with its recommendation thereon throu t he ihayoi to the council. The commission shall
recommend approval in whole or in part. with or without modifications. or rejection of such proposal.
Section 25 - 6 - 45. Conditions imposed on proiect district.
(a) The council may impose conditions on the use of the property subject to the project district,
provided the council finds that the conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health. safety
and welfare: or
(2) Reasonably conceived to fulfill needs directly emanating from the land uses proposed
with respect to protection of the public from the potentially deleterious effect. of the proposed uses. or
fulfillment of the need for public service demands created by the proposed uses.
(b) In addition to the conditions described in subsection (a). the council shall include the
following conditions in any project district ordinance:
(1) A description of each of the uses proposed in the project district;
(2) The overall densities for the residential and hotel uses established in the project
district;
(3) Any infrastructure reouirements for the proiect district: and
(4) Any o eP n space requirements for the project district.
Section 25 - 6 - 46. Review and approval of site plans.
(a) After adoption of a project district enabling ordinance. the applicant shall submit to the
director detailed site plans for the project district development. The site plans shall conform to the project
district enabling ordinance and shall include the followingj
(11 Plans for required infrastructure improvements;
(2) All items required for a plan approval applicatio as p rovided b y s ect i on 2 5 -2 -7 and
f 3) Any other information required by rules adopted by the director in accordance with
chapter 91. Hawaii Revised Statutes.
(b) Within sixty days after acceptance of the site plans. the director shall either deny or approve
the plans.
(c 1 The director may approve site plans for a project district only if the applicant has complied
with all of the conditions contained in the project district enabling ordinance and the site plans conform to
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the standards contained in the project district enabling ordinance The director may approve the site plans
subject to conditions. or the director may approve the site plans subject to certain changes when. in the
director's opinion. such conditions or changes are necessary to carry out the purposes of the project district,
Ihis chapter and the consider c ontained in section 25 -6 -47.
(d) If the director fails to render a decision on the site plans within the prescribed period. the site
plans shall be considered approved without further certification by the director.
Section 25 - 6 - 47, Review criteria and conditions of approval. In reviewing site plans for a
project district. the director shall consider the proposed development and uses in relation to the
surrounding properties. improvements. streets. traffic. community characteristics. and natural features. and
may require conditions or changes to assure:
(11 Adequate Tight and air. proper siting and arrangements of all structures and
improvements are provided;
(2) Existing and prospective traffic movements will not be hindered;
(31 Proper landscaping is provided that is commensurate with the development or use and
jts surroundings;
(41 Unsightly areas are properly screened or eliminated;
(5) Adeouat- off - street narking is provided to serve the development or use;
(61 Access to the parking areas will not create potential accident hazards: and
(71 Within reasonable limits. any natural and man -made features of community value are
preserved.
Section 25 - 6 - 48. Construction in conformity with approved site plans. Every structure,
development and use contained in site plans for a project district approved by the director shall be
constructed and developed in accordance with the terms. specifications and conditions of approval for
those site plans.
Section 25 - 6 - 49. Plan approval issued by approval of site plans. Plan approval shall he
considered issued when site plans for a project district are approved by the director. as provided by
sections 25 -6 -46 and 25 -6 -47. and no further action is rcauircd for the issuance of plan approval under this
chapter.
Section 25 - - 49.1. Amendments. Any amendment to the conditions and standards contained in
A project district enabling ordinance shall he processed in t e same manner as the project district enabling
ordinance. unless the council in the project district enabling ordinance authorizes the amendments to be
made by the director. A request for any amendment shall be submitted in writing to the director. in lieu of
the application reouired for a project district. The request shall be accompanied by a tiling fee of $250,
Section 25 - 6 - 49.2. Appeal of director's actions on project district site plans. Any person
aggrieved by the decision of the director in the issuance of a decision regarding project district site In a
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mgv anneal the director's action to the board of appeals. in accordance with its rules. within thirty days
after the written decision is issued by the director.
Division 5. Agricultural Project Districts (APD)
Section 25 -6 -50. Purpose and applicability. The agricultural project district (APD1
development is intended to provide a flexible and creative planning approach for developments within the
Agricultural zoning districts. in lieu of specific land use designations. It will allow for flexibility in the
location of specific types of agricultural uses and variations in lot sizes. Under this planning approach,
opportunities will be provided for a mix of small scale agricultural activities and associated residential
uses. as well as larger agricultural projects. This district will also provide a vehicle to satisfy the demand
for a rural lifestyle on marginal agricultural land. while decreasing the pressure to develop important
agricultural land for this purpose. The planning approach would establish a continuity in land uses and
designs. while providing for the needed infrastructural facilities and systems to support the various types of
agricultural developments. An agricultural project district is an amendment to this chapter which changes
the district boundaries in accordance with the individual agricultural project district.
Section 25 - 6 - 51. Criteria for establishing a project district. An agricultural project district
may be established as an amendment to this chaptcr whenever the public necessity and convenience and
the general welfare require that a comprehensive planning approach for an agricultural area should be
adopted in order to establish a continuity in land uses while providingthe required infrastructural facilities
a nd systems. In addition. an agricultural project district may only be established if the proposed district:
(1) Is consistent with the intent and purpose of this chanter and the County general plan: and
(2) Will not result in a substantial adverse impact upon the surrounding area. community or
region,
Section 25 - 6 - 52. Minimum land area required. The minimum land area required for an
•
agricultural project district shall be five acres.
Section 25 - 5 - 53. Permitted uses: overall density. Any uses permitted either directly or
conditionally in the A or IA districts shall he permitted in an agricultural project district. and the overall
density permitted in an agricultural project district shall not be greater than one acre per building site. Each
of the proposed uses and the overall densities for dwelling uses shall be contained in a master conceptual
plan for the agricultural project district and in the agricultural nroiect district enabling ordinance.
Section 25 - 6 - 54. Application for agricultural project district: requirements.
(a) An application for an agricultural project district may he filed by a property owner or any other
person with the property owner's consent. The anplication shall be on a form prescribed for this purpose
by the director and shall be accompanied by: •
(I) A filing fee of $100 per acre up to a maximum filing fee of $5.000,
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(2) A description of the property in sufficient detail to determine its precise location.
(3) A master conceptual plan of the property, showing the agricultural project district
boundaries and the land uses and acreage of land involved.
(4) A description of the proposed agricultural project district. including land uses.
densities. infrastructural requirements. and development standards.
(5) A description of each of the open space areas proposed for the agricultural project
district for cultural and /or environmental purposes. ' ncluding thos- open space areas preserved because of
natural hazards.
(6) A metes and hounds description of the property prepared by a surveyor.
(7) A list of the names. addresses and tax map key numbers for those property owners and
lessees of record of surrounding properties who are required to receive notice under section 25-2-4.
(8) A county environmental report; provided that a county environmental report shall not
be required where an environmental impact statement or an environmental assessment and negative
declaration have been prepared and issued in compliance with chanter 343. Hawaii Revised Statutes,
(9) Anv other plans or information required by rules adopted by the director in
accordance with chapter 91. Hawaii Revised Statutes.
(b) Within ten days after tiling an application for an agricultural project district, the applicant shalt
serve notice of the application on surrounding owners and lessees of' record as provided by section 25 -2 -4,
(c) Within one hundred twenty days after an agricultural project district application has been
accepted by the director. the director shall forward the application to the commission. together with the
director's recommendation on the proposed agricultural project district. and together with a proposed
agricultural project district ordinance which establishes the agricultural project district and provides
standards and conditions for the district- including permitted land uses. access ory uses- densities. heights
setbacks. and variances from the requirements of this chapter. and from chapter 23 (subdivision control). if
applicable. as contained in the master conceptual plan for the agricultural project district.
(d) The commission shall review any agricultural project district application and shall forward its
recommendation on the application to the council through the mayor for the council's consideration and
action.
(1) In reviewing the application. the commission shall hold at least one public hearing in
the council district in which the proposed agricultural project district is located. The commission shall
provide reasonable notice of the date of the hearing to the applicant. The commission shall also publish
notice of the hearing in accordance with the requirements of this chapter.
(2) Within ten days after receiving notice of the date of the public hearing. the applicant
shall serve notice of the hearing on surrounding owners and lessees of record as provided by section
25 -2 -4. The applicant shall also serve notice on owners and lessees of record of interests in other
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properties which the commission may find to be directly affected by the proposed agricultural project
district.
(3) Within ninety days after receipt of the application from the director. unless a Ionger
period is agreed to by the annl'cant. the commission . hall transmit the proposed agricultural project district
ordinance together with its recommendation thereon through the mayor to the council. The commission
shall recommend approval in whole or in part. with or without modifications. or rejection of such proposal.
Section 25 - 6 - 55. Conditions imposed on agricultural project district.
fa) The council may impose conditions on the use of the property subject to the agricultural
proiect district. provided the council finds that the conditions are:
(I) Necessary to prevent circumstances which may be adverse to the public health- safety
and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land uses proposed
with respect to protection of t to public from the potentially deleterious effects of the proposed uses. or
fulfillment of the need for public service demands created by the proposed uses.
(b) In addition to the conditions described in subsection (a). the council shall include the
following conditions in any agricultural project district ordinance:
( 1) A description of each of the uses proposed in the agricultural project district;
(2) The overall and average densities for dwelling uses established in the agricultural
proiect district;
(3) Any infrastructure requirements for the agricultural project district; and
(4) Any open space requirements for the agricultural project district,
Section 25 - 6 - 56. Review and approval of site plans.
J a) After adoption of an agricultural project district enabling ordinance. the applicant shall submit
to the director detailed site plans for the agricultural project district development The site plans shall
conform to the agricultural project district enabling ordinance and shall include the following:
(1) Plans for required infrastructure improvements;
(2) All items required for a plan approval application. as provided by section 25 -2 -72: and
(3) Any other information required by rules adopted by the director in accordance with
chapter 91. Hawaii Revised Statutes.
(b) Within sixty days after acceptance of the site plans. the director shall either deny or approve
the plans.
(c 1 The director may approve site plans for an agricultural project district only if the applicant has
complied with all of the conditions contained in the agricultural project district enabling ordinance and the
site plans conform to the standards contained in the agricultural project district enabling ordinance. The
director may approve the site plans subject to conditions. or the director may approve the site plans subject
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to certain changes in the proposed site plans when. in the director's opinion. such conditions or changes are
necessary to carry out the purposes of the agricultural project district. this chapter and the considerations
contained in section 25 -6 -57.
(d) If the director fails to render a decision on the site plans within the prescribed period. the site
plans shall be considered approved without further certification by the director.
Section 25 - 6 - 57. Review criteria and conditions of approval. In reviewing site plans for an
agricultural project district. the director shall consider the proposed development and uses in relation to the
surrounding properties. im rove ents streets traffic communit cha a t -ri tic and natural features and
to the agricultural and accessory residential uses contemplated. and may require conditions or changes to
assure:
(1) Adeatuate light and air. proper siting and arrangements of all structures and
improvements are provided;
(2) Existing and prospective traffic movements will not be hindered;
(3) Adequate off- street parking is provided to serve the development or use.,
(4) Access to the parking areas will not create potential accident hazards: and
(5) Within reasonable limits. any natural and man -made features of community value are
preserved.
Section 25 - 6 - 58. Construction in conformity with approved site plans. Every structure,
development and use contained in site plans for an agricultural project district approved by the director
shall be constructed and developed in accordance with the terms. specifications and conditions of approval
for those site plans,
Section 25 - 6 - 59. Plan approval issued by approval of site plans. Plan approval shall be
considered issued when site plans for an agricultural project district arc approved by the director. as
provided by sections 25 -6 -56 and 25 -6 -57. and no further action is required for the issuance of plan
approval under this chapter.
Section 25 - - 59.1. Amendments. Any amendment to the conditions and standards contained in
an agricultural project district enabling ordinance shall be processed in the same manner as the agricultural
proiect district enabling ordinance. unless the council in the agricultural project district enabling ordinance
authorizes the amendments to be made by the director. A request requiring an amendment of the enabling
ordinance shall be submitted in writing to the director. in lieu of the application required for agricultural
proiect district. The request shall be accompanied by a filing fee of $250.
Section 25 - 6 - 59.2. Appeal of director's actions on agricultural project district site plans, Any
person aggrieved by the decision of the director in the issuance of a decision regarding agricultural project
district site plans may appeal the director's action to the board of appeals. in accordance with this chapter,
within thirty days after the written decision is issued by the director.
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Article 7. Special District Regulations.
]Article 24.1 Division 1. Kailua Village Design Commission.
Section [25 -265.1 25 -7 -1. Purpose and applicability; boundaries.
(a) The purpose of the Kailua Village design commission [under this article] is to advise the
[planning department] director in matters concerning the design of buildings and structures and all public
and private improvements within Kailua Village.
(1) Kailua Village as used [herein] in sections 25 -7 -1 through 25 -7 -5 means that area bounded
by the following:
(1) Beginning at a point on the shoreline approximately four thousand feet west of the
old Kailua wharf, mauka along the west boundary of TMK: 7 -5 -05:10 and 68 to the northwest corner of
TMK: 7 -5- 05:68;
(2) Southeast and east along the mauka boundary of the existing RS -15 zone to the
[southwest corner of TMK: 7- 5- 05:62;] west boundary of K Street extension. mauka crossin
Kuakini Highway along the west side of the Kailua Industrial Subdivision crossing Oucen Kaahumanu
Highway, approximately three hundred feet mauka running naraliel and going east recrossing the Oueen
Kaahumanu Highway to the eastern end of Kalani Street;
[(3) Mauka along the west side of the existing V -.75 and CV -10 zones to Kuakini
Highway;
(4) Mauka, crossing the Kuakini Highway and along the west side of the existing CV -10
and open zones to the makai side of the Queen Kaahumanu Highway ;]
[(5)](1) Southwest along the makai side of the Queen Kaahumanu Highway and its
extension to the south side of the Kona Hillcrest Subdivision;
[(6)](4) Makai along the south side of the Kona Hillcrest Subdivision and along the
south side of the parcels described as TMK: 7 -5 -30:23 and 24 to Kuakini Highway;
[(7)](55,) Makai, crossing Kuakini Highway along the south side of the parcels described
as TMK: 7 -5 -18:1, 4, and 61. and TMK: 7 -5 -19:18 to the shoreline;
[(8)](6) North along the shoreline to the point of beginning and containing an arca of
approximately eight hundred twenty -five acres and as delineated on the map attached to [Ordinance No.]
ordinance no. 628 (1974), as amended by [Ordinance No.] ordinance no, 630 (1974).
Section [25 - 266.] 25 - 7 - 2. [Commission] Design commission membership; appointment;
term.
(a) The design commission shall consist of nine members who shall be appointed by the mayor
with the approval of the council. The members shall be representative of the Kona district, provided that
ZONING CODE REVISION - Ramseyer version
168 DRAFT 2/8/99
• •
a majority of the appointive members shall have lived or worked in the Kailua Village for a minimum of
two years prior to this appointment. The design commission members shall [also reflect a cross - section
of labor, business including tourism and agriculture, and the Village's property owners interests. There
shall also be at least one person with a design background and one person with a historical knowledge
background on the commission.] include two design professionals (registered architects and /or landscape
Architects). two members with backgrounds in building construction and /or engineering. two members
with knowledge about historic Kona. its cultural values and resources. and the remaining three members
representing local business or property owners.
(b) The members shall serve staggered terms of three years[, provided that of the first members
appointed after February 24, 1987]. Upon the initial an. intment of the desi_ .Inmission three shall
serve for a term of one year, three for a term of two years, and three for a term of three years. When the
term of a member expires, [he] the member shall continue to serve until [his] a successor is appointed.
Members whose terms expire may not be reappointed to the design commission for at least two years,
however, members [initially] appointed for one year or less may be reappointed for an additional term
without the passage of two years time. Excert - • vided fo in thi - ti•n the desi m com
shall he governed by the County charter.
Section 125 Rules of procedure. The [urban] design [review] commission shall
[prepare] adopt rules of procedure pursuant to chapter 91. Hawaii Revised Statutes, relating to matters
within [its] the design commission's jurisdiction.
Section [25 - 268.] 25 - 7 - 4. Powers and duties of the commission.
(a) The design commission shall recommend to the [planning department] director an
architectural and design concept [or] of theme for Kailua Village that recognizes the desires and
concerns of all public and private interests.
(b) The design commission shall provide an architectural and design review of applications
requiring plan approval by the [planning department] director. The design commission's review and
recommendations to the [planning department] director shall be completed within [one month or] thirty
[calendar] days from the date of the design commission's receipt of the plans requiring plan approval. If
a recommendation is not received within the allotted period, the [planning department] director shall
continue to process the request for plan approval.
(c) The design commission shall provide an architectural and design review of all planned
public improvements such as street widening, street lights, and so forth, as well as all private
improvements such as landscaping, structural painting, or any activity which will alter the physical
appearance of Kailua Village. The recommendations shall he forwarded to the [planning department]
• ZONING CODE REVISION - Ramseyer version
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• •
director within thirty [calendar] days ftoin the design commission's receipt of the proposal. if a
recommendation is not received within the allotted period, the [planning department] director shall
continue to process the proposed activity.
(d) All of the design commission's advice and recommendations to the [planning department]
director shall be consistent with the provisions of the County charter, general plan, zoning and all other
related ordinances and any publicly funded master plan developed for Kailua Village.
Section [25 - 269.[ 25 - 7 - 5. Amendment of district boundaries. The Kailua Village boundaries
as described in section [25-266] 25 -7 -1 shall be subject to review in 1979 and every five years thereafter
by the council, and may be amended as appropriate.
[Article 261 Division 2. CDH, Downtown Hilo Commercial District.
Section [25 -278.[ 25 -7 -20. Purpose and applicability. The CDH (downtown Hilo commercial)
district is established to reinforce and promote downtown I lilo's role as a compact high density area for
retail shopping, professional and administrative activities, cultural and arts activities, other supportive
business and commercial services, and [multi - family] multiple- family housing. The zoning requirements
of this district are applicable to all [lots] building sitcs, except those designated as "0" (open) districts,
within the arca bounded by the western development area limits of Kapiolani StreetlKaiulani Street, the
Wailuku River, Hilo Bay and Ponahawai Street.
Section [25 - 279.[ 25 - 7 - 21. Designation of CDH district. The CDH (downtown Hilo
commercial) district shall be designated by the symbol "CDH ".
Section [25 - 280.[ 25 - 7 - 22. Permitted uses.
(a) The following uses shall be permitted in the CDH district:
[(1) All retail uses that are conducted entirely within a building, provided that they are
not detrimental to the character of the district.
(2) Offices (business, administrative, professional, executive, financial, editorial,
medical, dental, real estate, and any other similar office use which will not be detrimental to the
character of the district).
(3) Personal service uses, including barber shops, beauty parlors, launderettes,
cleaning, pressing service and pickup stations, shoe repair, clothes mending, and tailor shops.
(4) Banks, lending agencies and financial institutions.
(5) Drugstores, prescription pharmacies, title companies, photographer or commercial
artist studios, modeling agencies.
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170 DRAFT 718/99
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(6) Manufacturing of a nonnoxious type where the only retail sales outlet for products
produced is on the premises where produced, and provided that the activities are not detrimental to the
character of the district.
(7) Museums; libraries; community, public and public service buildings.
(8) Art galleries.
(9) Automobile parking Tots and buildings or storage garages.
(10) Display rooms for products sold elsewhere.
(11) Newspaper, publishing houses, printing shops, cartographer and duplicating
processes such as blueprinting or photostating.
(12) Restaurants, lunch counters. coffee shops, drive -ins. bars, cocktail lounges and
night clubs.
(13) Repair shops for personal or household items, and "fix -it" shops.
(14) Private clubs, social orders, fraternal groups and other similar organizations for
offices, meetings, and social activities.
(15) Tour, travel and ticket agencies.
(16) Business, technical or trade schools, art, modeling, music, dancing, photographic or
other similar studios or academies.
(17) Public service or public utility uscs but excluding any service, equipment or storage
yard or power plants therefor.
(18) Automobile service stations or garages, excluding body and fenderworks, electric
tire rebuilding or battery rebuilding and provided that all work is conducted wholly within a completely
enclosed building, car washes or laundries other than those utilizing automatic or steam cleaning
equipment; and provided that the facilities are not detrimental to the character of the district.
(19) Bakeries.
(20) Broadcasting stations or studios (radio and television).
(21) Commercial amusement establishments such as bowling alleys, skating rinks, pool
halls, etc.
(22) Retail sales or services where customers are served at a drive -up window or while
they are in their car provided that they are not detrimental to the character of the district.
(23) Gymnasiums, physical culture studios and reducing salons.
(24) Medical and dental centers, groups or clinics.
(25) Hospitals of all types.
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171 DRAFT 1/8/99
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(26) Hotels and apartment - hotels with a maximum density of five hundred square feet of
land area per separate rentable unit.
(27) Any use permitted in RM districts with a maximum density of one thousand square
feet of land area per rentable or dwelling unit.
(28) Residential use in connection with the operation of any permitted use.
(29) Indoor sports arenas, auditoriums, and theaters.
(30) Bed and breakfast establishment.
(31) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and /or raw produce, plant life, fish and local homegrown and homemade
products for more than two (2) days a week. the director, at the time of plan approval, shall restrict the
hours of use, maintenance and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
(32) Uses normally considered accessory, incidental and subordinate to the above uses.]
(1) Adult (Sue'.
homes.
(2) Amusement and recreation facilities, indoor,
(3) Art galleries.
(4) Automobile service stations or garages, excluding body and fendcrworks, electric
tire rehuilding or battery rebuilding and provided that all work is conducted wholly within a completel
enclosed building,
(51 Bakeries.
(6) Bars, cocktail lounges and night clubs.
(7) Bed and breakfast establishments, as permitted under section 25 -4 -7.
(8) Boarding facilities, rooming, or lodging houses.
(9) Broadcasting stations or studios (radio and television).
1(0) Business services.
(1 1) Car washing- provided that the facilities are not detrimental to the character of the
district.
(12) Commercial parking Tots and garages.
(13) Community buildings. as ennitted under section 25 -4 -11.
(14) Crop production,
(15) Display rooms for products sold elsewhere.
(16) Dwellings. double - family or duplex, with a maximum density of one thousand
square feet of land area per rentable unit or dwelling unit.
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172 DRAFT 2/8/99
(17) Dwellings. multiple- family. with a maximum density of one thousand square feet
of land area per rentable unit or dwelling unit.
(18) Dwellings. single - family.
(19) Family child care homes.
(20) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and /or raw produce. plant life. fish and local homegrown and homemade
products for more than two days a week. the director. at the time of plan approval. shall restrict the hours
of use, maintenance and operations and may require improvements as determined appropriate to ensure
its compatibility with the existing character of the surrounding area.
(21) Financial institutions,
(22) Group living tacilities.
(23) Home occupations. as permitted tinder section 25 -4 -13,
(24) Hospitals. sanitariums. old age. convalescent. nursing and rest homes and other
similar uses.
(25) Hotels and apartment hotels with a maximum density of five hundred square feet of
land area per rentable unit,
(26) Laundries other than those utilizing steam cleaning equipment. provided that the
facilities are not detrimental to the character of the district,
(27) Manufacturing, processing and packaging, light. provided that the activities are not
detrimental to the character of the district.
(28) Medical clinics.
(29) Meeting facilities,
(30) Model homes. as permitted under section 25 -4 -8,
(31) Modeling agencies.
(32) Museums and libraries,
133) Neighborhood narks. playgrounds. tennis courts. swimming pools. and similar
neighborhood recreational areas and uses.
(341 Offices.
(35) Personal services,
(36) Photography and artist studios.
(37) Public uses and structures. as permitted under section 25 -4 -11.
(38) Puhlishinjplants for newspapers. books and magazines. printing shops,
cartographing and duplicating processes such as blueprinting orphotostating.
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•
•
(39) Repair establishments. minor,
]40) Restaurants.
(411 Retail establishments. provided that they are not detrimental to the character of the
district.
(42) Schools. business.
(43) Schools. photography art. music. dance or other similar studios or academies.
(44) Schools. vocational.
051 Telecommunication antennas. as .crmitted under _ - i.n 25 -4 -12.
(46 Temporary real estate offices. as .ermitted under e '. 2 -4 -8.
(47) Theaters. auditoriums and indoor sports arenas.
(48) Utility substations. as permitted under section 25 -4 -11.
(b) Residential use in connection with the operation of any permitted use shall be permitted in
the CDH district.
l Buildings and uses normally considered accessory to the above uses shall also be permitted
in the CDH district.
Section 125 -281.1 25 -7 -23, Height [limits.] limit. The height [limits] limit in the CDH district
shall be one hundred twenty feet.
Section [25 -282.1 25 -7 -24. Minimum building site area. The minimum building site area in
the CDI -1 district shall be seven thousand five hundred square feet.
Section 125 -283.1 25 -7 -25. Minimum building site average width. [The minimum] Each
building site [average width] in the CDH district shall [be] have a minimum building site average width
Qf sixty feet.
Section [25 -284.1 25 -7 -26, Minimum yards. Front, rear and sides: none, except as required by
plan approval.
Section 125 -285:1 25 -7 -27. Other regulations. Plan approval [in accordance with Article 20 of
this Chapter] is required [of] for all new structures and [uses] additions to existing structures in the CDH
district.
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•
• •
[Article 3.] Article 8. Zoning Map, District and Urban Zone Maps.
Section [25 -85.] 25 -8 -1. Maps incorporated by reference. The maps described in this article
delineate the [land use] zoning districts designated in [articles 2 and 4 through 19] article 5 of this
chapter and are hereby incorporated by reference to this chapter. A copy of each map referred to shall be
filed in the planning department.
Section 125 - 86.] 25 - 8 - 2. North and South Kona districts zone map. North and South Kona
districts zone map, as adopted on February 17, 1967, by the [planning] commission and marked
thereupon as section 7.01.
Section 125 - 87.1 25 - 8 - 3. North Kona zone map. North Kona zone map, as adopted on
February 17, 1967, by the [planning] commission and marked thereupon as section 7.02.
Section 125 - 88.1 25 - 8 - 4, South Kona zone map. South Kona zone map, as adopted on
February 17, 1967, by the [planning] commission and marked thereupon as section 7.03.
Section 125 - 89.1 25 - 8 - 5. Kailua urban zone map. Kailua urban zone map, as adopted on
February 17, 1967, by the [planning] commission and marked thereupon as section 7.04.
Section [25 - 90.1 25 - 8 - 6. Kailua - Honalo urban zone map. Kailua - Honalo urban zone map, as
adopted on February 17, 1967, by the [planning] commission and marked thereupon as section 7.05.
[Section 25 -91. Reserved.
Section 25 -92. Reserved.
Section 25 -93. Reserved.
Section 25 -94. Reserved.
Section 25 -95. Reserved.]
Section 125 -95A.] 25 -8 -7, North and South Kohala districts zone map.
Section 125 -95B.1 25 -8 -8. Upolu Point - Kaauhuhu homesteads zone map.
Section 125 -95C.] 25 -8 -9. Hawi - Kapaau zone map.
Section 125 -95D.1 25 -8 -10. Halaula - Niulii zone map.
Section [25 -95E.1 25 -8 -11. Lalamilo - Puukapu zone map.
Section [25 -95F.] 25 -8 -12. Kawaihae -Puako zone map.
Section [25-95G.115-8-13. Puako - Anaehoomalu zone map.
Section 125 -95H.1 25 -8 -14. Waikoloa Village zone map.
Section 125 -96.1 25 -8 -15. Hamakua district zone map. Hamakua district zone map, marked
thereupon as section 7.11.
Section [25 - 97.] 25 - 8 - 16. Hamakua district homesteads area zone map. Hamakua district
homesteads area zone map, marked thereupon as section 7.12.
Section [25 -98.] 25 -8 -17. Haina- Honokaa- Kukuihaele zone map.
175 ZONING CODE REVISION - Ramseyer version
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• •
1- laina- F lonokaa- Kukuihaele zone map, marked thereupon as section 7.13.
Section [25 - 99.1 25 - 8 - 18. Paauilo - Kukaiau zone map. Paauilo - Kukaiau zone map, marked
thereupon as section 7.14.
Section [25 - 100.1 25 - 8 - 19, North Hilo district zone map. North Hilo district zone map,
marked thereupon as section 7.15.
Section [25 - 101.] 25 - - 20. Ookala zone map. Ookala zone map, marked thereupon as section
7.16.
Section 125 - 102.1 25 - 8 - 21. Laupahoehoe - Ninole zone map. Laupahoehoe - Ninole zone map,
marked thereupon as section 7.17.
Section [25 - 103.1 25 - 8 - 22. Puna district zone map. Puna district zone map, marked thereupon
as section 7.18.
Section [25 - 104.1 25 - 8 - 23, Volcano - Mt. View zone map. Volcano - Mt. View zone map,
marked thcrcupon as section 7.19.
Section [25 - 105.1 25 - 8 - 24. Kurtistown zone map. Kurtistown zone map, marked thereupon as
section 7.20.
Section [25 - 106.1 25 - - 25. Keaau zone map. Keaau zone map, marked thereupon as section
7.21.
Section [25 - 107.1 25 - - 26. Pahoa zone map. Pahoa zone map, marked thereupon as section
7.22.
Section [25 - 108.] 25 - 8 - 27, Kalapana - Kaimu zone map. Kalapana - Kaimu zone map, marked
thcrcupon as section 7.23.
Section 125 - 109.] 25 - 8 - 28. Kau district zone map. Kau district zone map. marked thcrcupon
as section 7.24.
Section [25 - 110.1 25 - 8 - 29. Pahala Village zone map. Pahala Village zone map, marked
thereupon as section 7.25.
Section [25 - 111.1 25 - 8 - 30. Naalehu zone map. Naalehu zone map, marked thereupon as
section 7.26.
Section 125 - 112.1 25 - 8 - 31, Waiohinu zone map. Waiohinu zone map, marked thereupon as
section 7.27.
Section [25 -113.] 25 -8 -32. South Hilo district zone map (exclusive of the [City] city of Hilo,
Papaikou - Onomea, Pepeekeo and Hakalau- Honomu). South Hilo district zone map (exclusive of the
[City] city of Hilo, Papaikou - Onomea, Pepeekeo and Hakalau - Honomu), marked thereupon as section
7.28.
Section 125 -114.1 25- 8 -33. City of Hilo zone map. City of Hilo zone map, marked thereupon
1 76 ZONING CODE REVISION - Ramseyer version
DRAFT 2/8/99
• •
as section 7.29.
Section 125 - 115.] 25 - 8 - 34. Papaikou Onomca zone map. Papaikou - Onomea zone map
marked thereupon as section 7.30.
Section [25 - 116.J 25 - 8 - 35. Pepeekeo zone map. Pepeekeo zone map, marked thereupon as
section 7.31.
Section [25 - 117.1 25 - 8 - 36. Hakalau Honomu zone map. 1 lakalau zone map, marked
thereupon as section 7.32."
SECTION 2. The director shall adopt rules by March 31, 1997 pursuant to chapter 91, Hawaii
Revised Statutes, necessary for the implementation of the provisions relating to farm dwellings.
SECTION 3. The director shall adopt rules within one hundred and twenty days of the effective
date of this ordinance relating to the County environmental report that include the form of the County
environmental report set forth herein. However, if the director fails to adopt rules within the one
hundred twenty day- period, the County environmental report shall conform to the content required for
environmental assessments in chapter 343, I lawaii Revised Statutes, and the rules promulgated in
accordance with that statute.
SECTION 4. Any application for a zoning amendment filed by a property owner which, as of
December 1, 1996, has been determined by the Planning Director to be accepted for processing, may, at
the property owner's request, continue to be processed in accordance with the Zoning Code in effect as
of the date of the Director's acceptance of such application; provided, however, that any provisions of
the Zoning Code adopted by this ordinance relating to (a) notice to the public, neighboring property
owners and lessees and (b) the procedures for processing a zoning amendment application shall apply. In
the event that a zoning amendment request, processed pursuant to this section, is not forwarded by the
Commission through the Mayor to the Council by the adoption of an ordinance within six months from
the effective date of this ordinance, the requested amendment must thereafter be processed in accordance
with the provisions of the Zoning Code adopted by this ordinance.
SECTION 5. Any application for a permit or approval authorized by this chapter, other than a
zoning amendment application, which, as of December 1, 1996 has been determined by the Planning
Director to be accepted for processing, may at the applicant's request, continue to be processed in
accordance with the Zoning Code in effect as of the date of the director's acceptance of such application;
provided, however, that any provisions of the Zoning Code adopted by this ordinance relating to (a)
notice to the public, neighboring property owners and lessees and (b) the procedures for processing the
permit or approval application shall apply. In the event that a permit or approval request, processed
pursuant to this section, is not issued by the director or commission, as appropriate, within sixty days
177 ZONING CODE REVISION- Ramseyer version
DRAFT 2/8/99
• •
from the effective date of this ordinance, the permit or approval request must thereafter be processed in
accordance with the provisions of the Zoning Code adopted by this ordinance.
SECTION 6. Severability. If any provision of this ordinance, or the application thereof to any
person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are severable.
SECTION 7. Material to be repealed is bracketed. New material is underscored. In printing this
ordinance, the brackets, bracketed material, and underscoring need not be included.
SECTION 8. The Clerk of the County of Hawaii is directed to insert the effective date of this
ordinance in any section of the Zoning Code which requires reference to this date.
SECTION 9. This ordinance shall take effect upon its approval.
INTRODUCED B
COQ IL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 16, 1996
Date of 1st Reading: March 17, 1999
Date of 2nd Reading: April 6, 1999
Effective Date: December 7, 1996
APPROVED AS TO FORM AND LEGALITY:
Z j
Corporation Counsel
DATED: Y(/ ?
178 ZONING CODE REVISION - Ramseyer version
DRAFT 2/8/99
111 1(F OF THE COUNTY CLERK ' •
• County of Hawaii •
:Ii10 • . Hawaii ' ',
• i_.)1:_('; - r - •
■
ICRAF• 9)
,i ::i •ROLLC'AI'.I.
Introduced 13v Takashi_ Donn ngo AYES I NOES ABS EX
Dale Introduced November 16, 1596 ...— Arakaki .r ,, .
First Ratification Reading. March 17, 199 _ Chung r i "
Published. March 29, 1999 Elarionolt
Jacobson I X-1
_
REMARKS nn December _21, 5 98, the _ Leithead -Todd X •
Honorable 'o-lalri Marra, Judge, Third I'1sccc1110 — I },
Circuit.. - ____
,_7'.1:_t of the State of )1a wail Smith .,
ordered that __l1 250 be _referred back ' Tyler r;
-c -:: Count Council for ^...t.n i_ i ra.t 1( atio �Y
°
In
03/12 /'r�9 Fir's'_ rat: .r��.e. 6 fication - -- . . ._ - -__ - ......__
.
R (i I 0
Second Ratification Reading: - April 6, 1 ROLL CALL VOTE
IirMayor April 13, 19 99—_ AYES NOES ABS EX
Returned April 19, 1999 Arakaki X
Effective. Jer.�r - - -- 'i996 Chung X •
Published. April 30, 1999 — -
X
Elarionolt 1 -
Jacobson
•RF..1t:IRK.S l.eitlt ad- 'Todd ?.
-- ... -- _• ..--
.... Pisicchio X I
— Smith X •
Tyler —
I 6 I .. 3 0 0 ;
I DO HEREBY CERTIFY that the fin'cguu>,g B/Ll. was adopted ratified as ordered ht' the ('ountr
('nuncil and published as unheated ahure
APPROVED AS TO
F LEG L
li
DEPUTY CORPORATION COUNSEL
CO F HAWAII <:'r)(;;t`(' 1, t_' /l: /
D
YI COUNTY
:If'pr,n•i',l•itamapvx¢l uus_ . 17 —. dal'
911 . _ ( ) 1 1 4 - 1 - - - C . 1 y � N o 250 (Draft 9;
h '_" Reference C- ].10.:)/1996/C -88
;1 OR. (.•O(\ t FH: WAI
Ord. No' 96 160 ........
T 4
OFFICE OF THE COUNTY CLERK
County of Hawaii _
Hilo , Hawaii t_
RED - an IS
(DRAFT 6) .36 pF C, 9 . a
ROLL CAL VOTE • n'Y GLEE' IC
AYES CFM816 -r. \An* t E ` 1 cu m
Introduced By: Takashi Domingo Arakaki X
Date Introduced: November 13, 1996 Fa .:ley X
First Reading: November 13, 1996
Childs X
Published: November 18, 1996
De Lima X
REMARKS: Domingo X
Osorio .X
• • Van De Car X
•
Ray X •
Smith X
8 0 1 0
(DRAFT 8)
ROLL CALL VOTE
Second Reading: November 21, 1996 AYES NOES ABS EX
To Mayor: November 25, 1996 X
Returned: December 9, 1996 Araks
Effective: December 7, 1996 Easley, X
Published December 20, 1996 Childs X -
De Lima X •
REMARKS: Domingo X
Osorio X
-Tian De Car X
Ray X
Smith X
6 3 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
I t ' ' ' al
Adfr SAS
dr LINCI i
COUNTY CLERK
7
Apyrov d /Dicai this day
of VCal-els-v. ,19 3 .
:/
OR, COUNTY AWAII Bill No.: 250 (Draft 8 )
Reference: C
Ord. No.: 96 I 6J
cV8iy
•
•
CERTIFICATION
I I IEREBY CERTIFY that the County Council, in compliance with an order by the I lonorahle
Ronald Ibarra, Judge, Circuit Court of the Third Circuit of the State of Hawaii, took the
Iollowing steps to ratify the votes taken on Bill 250 (Ordinance 96 -160):
• 1) .Approved Bill 250 (Draft 4): and
2) Amended Bill 250 (Draft 4), with Bill 250 (Draft 9); and
3) Passed Bill 250 ().haft 9) on March 17, 1999, by first ratification
vote as follows:
AYES: Councilmembers Chung, Elarionoff,
Leithead -Todd, Smith, Yagong and Chairman Arakaki - 6.
NOES:CouncihncmhersJacobson, Pisicchio and
Tyler - 3; and
• 4) Passed Bill 250 (Draft 9) on April 6. 1999 by second ratification vote as
follows:
• AYES: Councilmemhers Chung, Elarionoff,
• Leithcad- Todd, Smith. Yagong and Chairman Arakaki - 6.
NOES:Councilmemhers Jacobson, Pisicchio and
• • Tyler - 3; and
•
j -
James Y. Arakaki
• Council Chairman
•
Al Konishi
County Clerk
•
.
•
Bill 250 (Draft 9)
BILL 250 (Draft 9): An Ordinance amending Chapter 25 of the Hawaii County Code •
relating to Zoning. Proposes comprehensive amendments to Chapter 25 of the Hawaii
County Code 1983 (1995 Edition), as it existed prior to November, 1996, within the
framework of the General Plan including but not limited to: regulating and restricting the
height and size of buildings and other structures. the percentage of a building site that
may be occupied. off-street parking. setbacks. size of yards, courts. and other open
spaces: the density of population, the use of land and buildings for trade. industry,
residence. or other purposes; specifying tees and public notification requirements for
applications related to zoning, variance, use permit. planned unit development. cluster
plan development, project district, agricultural project district, and ohana dwelling; and
imposing penalties for zoning violations and noncompliance.
I HEREBY CERTIFY that the County Council, in compliance with an order by the
Honorable Ronald lbarra. Judge. Circuit Court of the Third Circuit of the State of Hawaii,
started the ratification process by passing Bill 250, Draft 9. (Ordinance 96 -160) on first
reading by vote as follows:
AYES: Councilmembers Chung. Elarionoff, L.eithead -Todd,
Smith. Yagong and Chairman Arakaki - 6.
NOES: Councilmembers Jacobson. Pistcchio and Tyler - 3.
Copies of this 13111 are available in the Office of the County Clerk for use and examination by the
public.
Al Konishi
COUNTY CLERK
(Hawaii Tribune I Icrald - March 31. 1999)
(West I lawaii Today - March 31. 1999)
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AFFIDAVIT OF PUBLICATION
State of Hawaii )
• ) SS:
County of Hawaii )
LEILANI K. R. HIGAKI , being first
duly sworn, deposes and says:
1. That she is the ' BUSINESS MANAGER of
HAWAII TRIBUNE - HERALD • , a
newspaper published in the City of HILO
State of Hawaii.
2. That the" Bill 250 (Draft 9), etc.,
of which a clipping from the newspaper as published is attached hereto, was
published in said newspaper on the following date(s)
March 31, 1999 • , (etc.).
#116728
oll /r.
Subscribed and sworn to before me
•
this 5th day of April, 1999
•
SHARON H. P. OGATA
Notary Public, Third Circuit, State of Hawaii
My commission expires October 1, 2000
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•
9� - /Go
t
Bill 250 (Draft 9)
BILL 250'(Dntlt 91 An Ordrnahc`e amending
Chapter.25 o Sit l-lawai :'L unty Code eiahng to
Zoning Proposes cuiriprehensiw: amendments to
Chapter 25 of the Hawaii County Code 1983
(1995 Edition). as it existed prior to November
1996. within the tramework of the General Plan
including but not limited to regulating and restrict-
ing the height and size of buldings and other
structures. the percentage of a uuiiding s.te that
may be occupied. off-street parking. setbacks. size
of yards. court. and other open spaces. the den-
sity of population. the use of land and build.ngs for
trade. industry. residence. or other purposes.
specifying fees and public notification require-
ments tor applications related to zoning. variance,
use permit, planned unit development. cluster plan
development, protect district. agricultural project
district. and ohana dwelling, and imposing penal-
ties far zoning violations and noncompliance
I HEREBY CERTIFY that the County Council. in
compliance with an order by the Honorable
Ronald Ibarra. Judge. Circuit Court of the Thud
Circuit of the State of Hawaii, has started the taw
fication process bypassing Bill 250. Draft 9 (Ord-
inance 96160). on first reading by vote as
loliows
AYES Councilnembers Chung. ElarionofI•
Leithead Todd. Smith. Yagong and Chairman
Arakaki 6
_.. NOES Counci members Jacobson. P :sii :ch and
Tyler -3
Ai Komshi
COUNT
y (116728 Hawaii Tribune Herald March 31,1
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AFFIDAVIT OF PUBLICATION
State of Hawaii )
) SS:
County of Hawaii )
Lorelei Logan , being first
duly sworn, deposes and says:
1. That she is the Advertising Administrative
Assistant of WEST HAWAII TODAY
a newspaper published in the City of KAILUA -KONA , State of Hawaii.
2. That the" Bill 250 (Draft 9) BILL 250 (Draft 9):
An Ordinance amending Chapter 25 of the Hawaii County Code
relating to Zoning ", of which a clipping from the newspaper as published is
attached hereto, was published in said newspaper on the following date(s)
March 31 19 99 (etc.) �) i "'•1
`J �J
Subscribed and sworn to before me
this 1St ( day of
0 April , 19 99
1 en& Cain
Notary Public, Third Circuit,
State of Hawaii
Lana L. Taira
My Commission expires Auq. 4, 2001
9G_ /G
r
Bill 250 (Draft 9)
BILL 250 9) An Ordinance amending Chapter 25 of the Hawaii County
Code relating to Zoning Proposes comprehensive amendments to Chapter 25
of the Hawaii County Code 1983 (1995 Editiori), as it existed pnor to
November, 1998, within the framework of the General Plan including but not
limited to regulating and restricting the height and ilia of buildings and other
stmetures, the percentage of a building site that may be occupied, o6 -street
parking, setbacks, size of yards, courts, and other open spaces, the density of
population, the use of land and buildings for trade, industry, residence, or other
purposes, specifying fees and public notification requirements for applications
related to zoning, vanance, use permit, planned unit development, cluster plan
development, project district, agricultural project district, and ohana dwelling:
and imposing penalties for zoning violations and noncompliance
I HEREBY CERTIFY that the County Council, in compliance with an order
by the Honorable Ronald Iberra, Judge, Circuit Court of the Third Circuit of the
Slate of Hawaii, started the ratification process by passing Bill 250, Draft 9,
(Ordinance 96 -160) on first reading by vote as follows'
AYES. Counralmembers Chung. Elanonoff, Leithead -Todd, Smith, Yagong
and Chairman Arakaki - 6
NOES Councilmembers Jacobson, Pisicchio and Tyler - 3
Copies of thls Bill are available in the Office of the County Clerk for use and
examination by the public
Al Konishi
-• COUNTY CLERK ((NO. 9663 - West Hawaii Today - March 31, 1999)
•
• •
AFFIDAVIT OF PUBLICATION
State of Hawaii )
SS:
County of Hawaii )
Lorelei Logan , being first
duly sworn, deposes and says:
1. That she is the Advertising Administrative
Assistant of WEST HAWAII TODAY
a newspaper published in the City of KAILUA -KONA , State of Hawaii.
2. That the" Ordinance 96 -160 (Bill 250, Draft 9)
' ORDINANCE 96 -160 (Bill 250, Draft 9) An Ordinance amending
Chapter 25 of the •+ of which a clipping from the newspaper as published is
attached hereto, was published in said newspaper on the following date(s)
April 30 , 1999 (etc.)
Subscribed and sworn to before me
this 3rd day of Ma y , 19 99
Notary Public, Third Circuit,
State of Hawaii
Lana L. Taira
My Commission expires Aug. 4, 2001
Cl to- I 1.,n
^. • }O 7 60.(8111250 „Draft 9)
ORDINANCE 96= 16 0 Y (B111•250•Drall 9) An Ordinance amendmg,Chapler 25
of tie Hawan Courii9tod&relating to Zoning
I H EREBY % CERTIFValhat•the County Council. in compliance With an order by
the Honorable Ronald lbarra: Judge, Circuit Court of the -Third Crrcuit.ol the
Stale of Hawaii. completed the ratification process by passing Bill 250. Draft 9
(Ordinance 96 -160), on second and final reading by vole as follows
AYES Councilmombers Chung. Elanonolt, Leithead -Todd, Smnh Vagong and
Chairman Arakaki - 6 NOES Councilmembors Jacobson. Pisicchio and Tyler
-
Copies of this Ordinance are available in the Office of the County Clerk for use
and examination by the public
Al Konishi
(No 9706 - . N e s t f awanroda April 30. 1999) �UNTV,CLERK
•
•
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AFFIDAVIT OF PUBLICATION
State of Hawaii )
SS:
County of Hawaii )
LEILANI K. R. HIGAKI , being first
duly sworn, deposes and says:
1. That she is the BUSINESS MANAGER of
HAWAII TRIBUNE - HERALD , a
newspaper published in the City of HILO
State of Hawaii.
2. That the "prdThance 96 -160 (Bill 250. Draft 9) - etc..
of which a clipping from the newspaper as published is attached hereto, was
published in said newspaper on the following date(s)
April 30,1999 , (etc.).
#118161
A
Subscribed and sworn to before me
this 5th day of MaY, 1999
)-/.C.
SHARON H. P. OGATA
Notary Public, Third Circuit, State of Hawaii
My commission expires October 1, 2000
94 -14,o
Ordinance 96; 60 BI1T25 •
ORDINAy+60 (Bill 250Drall 9) An
Ordinance amending Chapter 25!of Hawaii
County Code relating to Zoning
I HEREBY CERTIFY that the County Council. in
compliance with an order by the Honorable
Ronald Ibarra, Judge. Circuit Court of the Third
Circuit of the State of Hawaii, completed the
ratification process by passing Bill 250. Draft 9,
(Ordinance 96 -160) on second and final reading
by vote as to)lows
AYES Councilmembers Chung. Elarionofl.
Leithead -Todd. Smith. Yagong and Chairman
Arakaki -6
NOES Councilmembers Jacobson. Pisicchio
and Tyler -3
Copies of this Ordinance are available in the
Office of the County Cierk for use and examina-
tion by the public
AI Konishi
COUNTY CLERK
. 41j1 . 6 . 161- •+ Hawatibu u ne /er
- y Herald H Apr.li30. 1999)
• • •
•
Ordinance 96 -160 (Bill 25(J. Draft 9)
ORDINANCE 96 -160 (Bill 250. Graft 9): An Ordinance amending Chapter 25 of the
1 lawaii County Code relating to Zoning.
1 HEREBY CERTIFY that the County Council,.in compliance with an order by the
l lonorahle Ronald Ibarra. Judge. Circuit Court of the Third Circuit of the State of (lawaii,
completed the ratification process by passing Bill 250. Draft 9. (Ordinance 96 -160) on
second and final reading by vote as follows:
AYES: Councilmembcrs Chung. Elarionoff Leithead -Todd.
Smith. Yagong and Chairman Arakaki - 6.
NOES: Councilmembers Jacobson, Pisicchio and Tyler - 3.
Copies of this Ordinance arc available in the Office of the County Clerk for use and examination
by the public.
1 \ 1 26 4 y 1/4.0.1,1/4_,
Al Konishi
COUNTY CLERK
(Hawaii Tribune Herald - April 30. 1999)
(West Hawaii Today - April 30. 1999)
GG - /Co