HomeMy WebLinkAboutSupplement 06SUPPLEMENT 6 (7-2019)
Insertion Guide
Hawai`i County Code 1983 (2016 Edition)
Volumes 1 - 3
(Covering general ordinances effective through 06-30-19 and
numbered through 19-84)
This supplement consists of reprinted pages replacing existing pages in
the Hawaii County Code 1983 (2016 Edition). Remove the pages listed in the
column headed "Remove Pages" and replace them with the pages listed in the
column headed "Insert Pages." This insertion guide should be retained as a
permanent record of pages supplemented and filed in Volume 3, behind the
"Supplement Insert Guides" tab.
Remove Pages Insert Pages
VOLUME 1
Vol. 1 Cover Page ___________________________,_,_,_,_,_,_, _ Vol. 1 Cover Page
Chapter 2 Administration
ix — x ix — x
2-67 — 2-68 2-67 — 2-68
2-99 — 2-101 2-99 — 2-101
Chapter 14 General Welfare
14-3 — 14-4 14-3 — 14-4
Chapter 15 Parks and Recreation
15-19 — 15-20 15-19 — 15-20
15-23 — 15-26 15-23 — 15-26
VOLUME 2
Vol. 2 Cover Page________ __ __ __ ______,_,_,_,_,_,_, _ Vol. 2 Cover Page
Chapter 21 Sewers
21-17 — 21-18 21-17 — 21-18
24A-9 — 24A-14
iii — iv
25-11— 25-14
25-21 — 25-22
25-57 — 25-58
25-73 — 25-82
25-99 — 25-102
25-105 — 25-106
25-109 — 25-110
25A-5 — 25A-6
25A-25 — 25A-26
25A-61 — 25A-62
25A-125 — 25A-128
Chapter 24 Traffic Schedules
Chapter 25 Zoning
Chapter 25 Zoning Annexes
24A-9 — 24A-14
iii — iv
25-11 — 25-14
25-21 — 25-22
25-57 — 25-58
25-73 — 25-82
25-99 — 25-102
25-105 — 25-106
25-109 — 25-110
25A-5 — 25A-6
25A-25 — 25A-26
25A-61 — 25A-62
25A-125 — 25A-128
VOLUME 3
Vol. 3 Cover Page Vol. 3 Cover Page
Index
I-29 —1-30
I-83 —1-84
I-111 —1-112
I -115—I-116
I-29 —1-30
I-83 —1-84
I -111—I-112
1-115 —1-116
I-121 —1-122 1-121 — I-122
Legislative History
T-1 — T-4 T-1 — T-4
T-21 T-21 — T-23
Supplement Insert Guide
Supp. 6 Insertion
Guide
THE HAWAII COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 6 (7-2019)
Contains ordinances effective through: 06-30-2019
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAII
STATE OF HAWAII
Office of the County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
(808) 961-8255
Volume One
Article 38. Claims and Actions Against County Officers,
Employees and Former Employees.
Section 2-188.
Defense by the County; punitive damages.
Article 39. Workforce Innovation and Opportunity Act Program.
Section 2-189.
Section 2-190.
Section 2-191.
Section 2-192.
Section 2-193.
Section 2-194.
Section 2-195.
Section 2-196.
Section 2-197.
Established.
Purpose.
Powers and duties.
Workforce innovation and opportunity board.
Creation of fund.
Funding.
Expenditures from fund.
Impairment of Federal funds.
Termination of fund.
Article 40. Department of Environmental Management.
Section 2-198.
Section 2-199.
Section 2-200.
Section 2-201.
Section 2-202.
Section 2-203.
Section 2-204.
Section 2-205.
Section 2-206.
Section 2-207.
Section 2-208.
Section 2-209.
Section 2-210.
Section 2-211.
Section 2-212.
Section 2-213.
Definitions.
Composition of department.
Statement of policy.
Appointment and qualifications of department head.
Powers, duties and functions.
Divisions within department.
Enforcement.
Penalties.
Administrative penalties.
Environmental management commission.
Article 41. Disaster and Emergency Fund.
Creation of fund; purpose.
Funding.
Expenditures from the disaster and emergency fund.
Dissolution of the fund.
Reimbursement from grants.
Administration of the fund.
ix
Article 42. Public Access, Open Space, and Natural Resources Preservation.
Section 2-214.
Section 2-214.1.
Section 2-214.2.
Section 2-215.
Section 2-216.
Section 2-217.
Section 2-218.
Section 2-219.
Section 2-220.
Section 2-221.
Section 2-222.
Section 2-223.
Section 2-223.1.
Repealed.
Public access, open space, and natural resources preservation fund.
Public access, open space, and natural resources preservation
maintenance fund.
Public access, open space, and natural resources preservation
commission.
Oath of affirmation.
Duties and responsibilities of the commission.
Prioritized list of qualifying lands worthy of preservation.
Article 43. Budget Stabilization Fund.
Creation of fund; purpose.
Funding.
Expenditures.
Appropriations.
Prohibitions.
Dissolution of the fund.
Article 44. Hawaii County Cultural Resources Commission.
Section 2-224.
Section 2-225.
Section 2-226.
Section 2-227.
Section 2-228.
Section 2-229.
Section 2-230.
Section 2-231.
Section 2-232.
Section 2-233.
Section 2-234.
Section 2-235.
Section 2-236.
Purpose.
Definitions.
Commission established.
Officers and expenses.
Meetings and voting.
Powers and duties.
Nominations to the Hawaii or national register of historic places.
Guidelines.
Administration.
Article 45. General Excise and Use Tax Surcharge.
Establishment of surcharge.
General excise tax fund.
Use of funds.
Termination of surcharge.
SUPP. 6 (7-2019) x
ADMINISTRATION § 2-139
(b) In the event that a grantee organization is unable or unwilling to provide the public
service(s) for which grant funds were appropriated, the following procedures shall
apply:
(1) For grant awards authorized as prescribed in 2-139(a)(1), the mayor may
direct the finance director to solicit applications from eligible nonprofit
organizations to fulfill the specific public purpose(s) for which the funds were
originally appropriated for the remainder of the fiscal year. The director shall
forward recommended application(s) and appropriation measure(s) to the
council for its decision. Funds appropriated to a successor nonprofit
organization shall not exceed the balance of unexpended County funds
awarded to the original nonprofit organization.
(2) For grant awards from the district contingency relief, the council may direct
the return of the full appropriation or the balance of unexpended funds.
(3) For other grant awards authorized as prescribed in 2-139(a)(3), the finance
director may direct the return of the full grant amount or balance of the
unexpended funds.
(1983 CC, c 2, art 25, sec 2-139; am 1986, ord 86-52, sec 2; am 1992, ord 92-151, sec 2;
am 1995, ord 95-138, sec 2; am 1997, ord 97-103, sec 3; am 1999, ord 99-56, sec 1; ord
99-103, sec 2; am 2001, ord 01-16, sec 2; am 2007, ord 07-52, sec 2; am 2012, ord 12-136,
sec 1; am 2014, ord 14-43, sec 2.)
Section 2-140. Repealed.
(1983 CC, c 2, art 25, sec 2-140; am 1992, ord 92-151, sec 3; am 1995, ord 95-138, sec 2;
am 2007, ord 07-52, sec 3; rep 2012, ord 12-136, sec 1.)
Section 2-141. Applicability to noncounty funds; cosponsored activities.
Nothing in this article shall be construed to apply to the appropriation of funds:
(1) Provided to the County for a stated purpose by any person, private entity, or
governmental entity; or
(2) Made to an agency for any activity or program co-sponsored by the agency and
a private or governmental entity or entities.
(1983 CC, c 2, art 25, sec 2-141.)
Section 2-142. Records, reporting, and fiscal accountability requirements.
(a) The nonprofit organization shall follow generally accepted accounting procedures
and practices and shall maintain books, records, documents, and other evidence
which sufficiently and properly account for the expenditure of County funds. The
books, records and documents shall be subject at all reasonable times to inspection,
reviews, or audits by the County expending agency, the director, and the legislative
auditor, or by their representatives.
(b) The County expending agency, director of finance, or County council may request
periodic written reports on the use of County funds.
2-67
§ 2-142 HAWAI`I COUNTY CODE
(c) For grants awarded pursuant to section 2-139(a)(1), the nonprofit organization
shall submit a written report to the council within sixty days after June 30 of the
contractual year. The report shall include, but not be limited to, a detailed
description focusing on specific, measurable outcomes of how the County funds
were used, public benefits derived from their use, and a breakdown of other funding
sources and their expenditures.
(d) In addition to any other remedy provided by law, if the nonprofit organization fails
to submit the written report due within sixty days after June 30 of the contractual
year within the allotted time, the County shall require the nonprofit organization to
return all grant funds awarded and deem the nonprofit ineligible to receive future
grant awards for at least the following fiscal year, and for all subsequent fiscal
years until such time as that written report is submitted to, and accepted by, the
council.
(e) Should the written report due within sixty days after June 30 of the contractual
year be deemed by the County to contain insufficient information, the nonprofit
organization shall be notified of the deficiencies and shall provide the additional
information within thirty days of notice or the nonprofit organization will be
deemed to be in violation of this section.
(1986, ord 86-52, sec 2; am 1995, ord 95-138, sec 2; am 1997, ord 97-103, sec 4; am 1999,
ord 99-103, sec 3; am 2007, ord 07-148, sec 2; am 2012, ord 12-136, sec 1.)
Section 2-142.1. Rules.
(a) The director shall adopt rules as may be necessary to meet the requirements of this
article.
(b) All application forms shall include a right to audit clause.
(c) All application forms shall include, "As part of this application, you acknowledge
that any funds awarded will be restricted for the purposes stated in the application
except for a maximum ten percent for administrative and overhead costs."
(1986, ord 86-62, sec 2; am 2012, ord 12-136, sec 1.)
Section 2-142.2. Repealed.
(1995, ord 95-138, sec 2; rep 2012, ord 12-136, sec 1.)
Article 26. Salaries for Deputies in the Office of the
Corporation Counsel and the Office of the Prosecuting Attorney.
Section 2-143. Definitions.
(a) "Deputies" means deputies in the office of the corporation counsel and the office of
the prosecuting attorney.
(b) "Appointing authority" means the corporation counsel or the prosecuting attorney.
(1983 CC, c 2, art 26, sec 2-143.)
SUPP. 6 (7-2019) 2-68
ADMINISTRATION § 2-229
(2) Review and recommend amendments to current policies and laws on the
enforcement of existing codes relating to historic sites;
(3) Continually reevaluate building code requirements and enact amendments
that are more sympathetic to preservation or provide exemptions for historic
properties;
(4) Encourage the County, State, and Federal governments, and the private
sector, to implement appropriate management strategies, curatorships and
meaningful interpretive programs at significant historical and archaeological
structures, sites, and districts; and
(5) Assist in programs of historic preservation including presentations, films,
exhibits, conferences, publications and other educational means which
increase public awareness and participation in preserving the past.
(2008, ord 08-42, sec 1; am 2013, ord 13-9, sec 2.)
Section 2-230. Nominations to the Hawaii or national register of historic
places.
(a) Any person or organization including the commission may submit nominations to
the Hawaii or National register by submitting a completed nomination form to the
State historic preservation officer.
(b) The commission shall hold a public hearing after receiving notification from the
State historic preservation officer of nominated historic properties within the
County. At least ten days prior to the hearing, notice of the date, time, place and
purpose of such hearing shall be published in a newspaper of general circulation in
the County. Oral or written testimony concerning the significance of the proposed
nomination shall be taken at the public hearing from any person.
(c) The commission shall forward its report to the mayor within forty-five days after
receiving notice from the State historic preservation officer. The report shall
include findings on whether the property meets the criteria for nomination and a
recommendation that the State historic preservation officer either nominate or
reject the proposed nomination.
(d) The mayor shall have fifteen days after receiving the report of the commission to
send this report and a recommendation to the State historic preservation officer.
The mayor's recommendation may, but need not, concur with the recommendation
contained in the commission's report.
(e) A determination by the commission and mayor that the application for nomination
does not meet nomination criteria is not a final administrative decision. Appeals
must be filed with the State historic preservation officer in writing, within thirty
days after the nomination has been denied.
(2008, ord 08-42, sec 1.)
Section 2-231. Guidelines.
The following documents on file in the planning department shall be used as
guidance in matters pertaining to the review functions of the commission:
(1) "Hawai`i County General Plan" and any adopted community development
plans for the island.
2-99
§ 2-231 HAWAI`I COUNTY CODE
(2) "State historic preservation plan" prepared by the State of Hawai`i department
of land and natural resources.
(3) "Historic Preservation Program Guidelines" prepared by the National Park
Service.
(4) "Office of Hawaiian Affairs Guidelines for the Consideration of Traditional
Native Hawaiian Values in Historic Preservation Review," dated 1988.
(5) Other reports, plans, studies, issue papers and memos as may be adopted by
the commission.
(2008, ord 08-42, sec 1.)
Section 2-232. Administration.
The director shall appoint a professional from the disciplines of planning,
archaeology, architecture, architectural history, Hawaiian culture, history or historic
preservation, to serve as the liaison with the State historic preservation office
pertaining to matters which deal with the purpose and intent of this article. The liaison
may be an employee of the planning department or a member of the commission. The
director shall provide technical, clerical, administrative functions, and any other duties
delegated by the commission.
(2008, ord 08-42, sec 1.)
Article 45. General Excise and Use Tax Surcharge.
Section 2-233. Establishment of surcharge.
(a) Pursuant to Act 11, Session Laws of Hawai`i 2018, codified as section 46-16.8,
Hawai`i Revised Statutes, as amended, it is hereby established a 0.25 per cent
general excise and use tax surcharge. The general excise and use tax surcharge
shall be levied beginning January 1, 2019.
(b) After December 31, 2019, pursuant to Act 11, Session Laws of Hawaii 2018,
codified as section 46-16.8, Hawaii Revised Statutes, as amended, it is hereby
established a 0.50 per cent general excise and use tax surcharge. The general
excise and use tax surcharge shall be levied beginning January 1, 2020.
(2018, ord 18-74, sec 2; am 2019, ord 19-29, sec 2.)
Section 2-234. General excise tax fund.
Pursuant to article X, section 10-12, Hawai`i County Charter 2016, the director of
finance is authorized to create a special fund to be known as the "general excise tax
fund." All moneys received from the State derived from the imposition of the surcharge
established under this article shall be deposited into the general excise tax fund.
(2018, ord 18-74, sec 2.)
SUPP. 6 (7-2019) 2-100
ADMINISTRATION § 2-235
Section 2-235. Use of funds.
(a) Pursuant to sections 46-16.8 and 248-2.6, Hawai`i Revised Statutes, moneys
received from the State derived from the imposition of the surcharge established
under this article will be a general fund realization. Moneys received from the
surcharge shall be expended for:
(1) Operating or capital costs of public transportation within the County for public
systems, including public roadways or highways, public buses, trains, ferries,
pedestrian paths or sidewalks or bicycle paths;
(2) Expenses in complying with the Americans with Disabilities Act of 1990 with
respect to paragraph (1); or
(3) As otherwise authorized by State statute.
(b) "Capital costs" in this section means nonrecurring costs required to construct a
transit facility or system, including debt service, costs of land acquisition and
development, acquiring rights-of-way, planning, design and construction, and
including equipping and furnishing the facility or system.
(c) Any balance remaining in the general excise tax fund at the end of any fiscal year
shall not lapse, but shall remain in the fund accumulating from year to year. The
moneys in this fund shall not be used for any purpose except those listed in this
section, or as allowed by any amendments to sections 46-16.8 and 248-2.6, Hawai`i
Revised Statutes.
(2018, ord 18-74, sec 2; am 2019, ord 19-29, sec 2.)
Section 2-236. Termination of surcharge.
This general excise and use tax surcharge shall not extend beyond December 31,
2030, pursuant to Act 11, Session Laws of Hawai`i, codified as section 46-16.8, Hawai`i
Revised Statutes, as amended.
(2018, ord 18-74, sec 2; am 2019, ord 19-29, sec 2.)
2-101 SUPP. 6 (7-2019)
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GENERAL WELFARE § 14-1
(C) All tennis courts;
(D) Waipi`o Lookout.
(12) North/South Kohala:
(A) Church Row;
(B) All swimming pools;
(C) All tennis courts;
(D) Waikoloa Highway Park;
(E) Spencer Beach Park.
(F) Kamakoa Nui Park.
(1982, ord 810, sec 1; am 1983 CC, c 14, art 1, sec 14-1; am 1987, ord 87-70, sec 1; am
1990, ord 90-104, sec 1; am 1993, ord 93-7, sec 1; am 1996, ord 96-54, sec 1; am 2008,
ord 08-7, sec 3; am 2010, ord 10-5, sec 1; am 2013, ord 13-77, sec 1; am 2017, ord 17-55,
sec 1; am 2018, ord 18-61, sec 3; am 2019, ord 19-43, sec 3.)
Section 14-2. Areas requiring permits for intoxicating liquors between the
hours of 10:00 a.m. and 10:00 p.m.
(a) Permits shall allow drinking of intoxicating liquors only between the hours of 10:00
a.m. and 10:00 p.m.
(1) South Hilo:
(A) Bayfront Beach;
(B) Coconut Island;
(C) Hilo Armory;
(D) Ho`olulu Complex;
(E) Pomaika`i Senior Center;
(F) Wainaku Gym;
(G) Equestrian Center, Pana`ewa;
(H) Hakalau Park;
(I) Honomu Park;
(J) Carvalho Park;
(K) Pepe`ekeo Community Center;
(L) University Heights Park.
(2) North/South Kona:
(A) Hale Halawai;
(B) Honaunau Arena;
(C) Imin Center;
(D) Yano Hall;
(E) Greenwell Park;
(F) That area in the terminal at Kailua Park specifically designated by the
director of parks and recreation;
(G) Old Kona Airport Park picnic pavilions and Events Pavilion excluding
the runway and areas surrounding the runway, Pawai Bay, and the
park area at the end of the runway;
(H) Kahalu`u Beach Park;
(I) Magic Sands Beach Park, otherwise known as Disappearing Sands
Beach Park or White Sands Beach Park;
(J) Pahoehoe Beach Park.
14-3 SUPP. 6 (7-2019)
§ 14-2 HAWAI`I COUNTY CODE
(3) Ka`u:
(A) Na`alehu Park;
(B) Pahala Community Center;
(C) Hawaiian Ocean View Park.
(4) Puna:
(A) Pahoa Neighborhood Facility;
(B) Volcano Community Center;
(C) Kurtistown Park;
(D) Mt. View Park;
(E) Shipman Park;
(F) Isaac Kepo`okalani Hale Beach Park.
(5) North Hi10/Hamakua:
(A) Honoka`a Rodeo Arena;
(B) Haina Park;
(C) Honoka`a Park.
(6) North/South Kohala:
(A) Kamehameha Park;
(B) Kohala Senior Center;
(C) Waimea Park;
(D) Waimea Senior Center.
(1982, ord 810, sec 2; am 1983 CC, c 14, art 1, sec 14-2; am 1987, ord 87-70, sec 1; am
1990, ord 90-122, sec 2; am 2008, ord 08-121, sec 1; am 2009, ord 09-144, sec 2; am 2010,
ord 10-6, sec 2; am 2016, ord 16-75, sec 1.)
Section 14-2.1. Intoxicating liquors allowed between the hours of 6:00 p.m.
and 10:00 p.m.
(a) No person shall drink, offer to drink, or display in public view in the following
public areas or buildings located thereon, any intoxicating liquors, whether in a
bottle, jug, container or otherwise, except between the hours of 6:00 p.m. and 10:00
p.m.
(1) South Hilo:
(A) Ainako Park;
(B) Kaiwiki Park;
(C) Kaumana Park and Playground;
(D) Kaumana Lani Park;
(E) Kula`imano Park;
(F) Malama Park;
(G) Papa`ikou Park;
(H) Waiakea-Uka Park;
(I) Wainaku Playground.
(2) North/South Kona:
(A) Reserved.
(3) Ka`u:
(A) Wai ohinu Park.
SUPP. 1 (1-2017) 14-4
PARKS AND RECREATION § 15-61
Article 7. Veterans Advisory Committee.
Section 15-61. Organization.
The veterans advisory committee shall be composed of twelve members, who shall
be appointed by the mayor, confirmed by the council, and may be removed by the mayor
with the approval of the council. In addition, the Hawaii Island Veterans Services
Counselor of the Office of Veterans Services (Department of Defense of the State of
Hawai`i) and the Director of the Department of Parks and Recreation, or their
designated representatives, shall serve as ex -officio members of the committee, without
the power to vote.
(1986, ord 86-123, sec 2; am 1990, ord 90-5, sec 2; am 1994, ord 94-21, sec 1; am 2002,
ord 02-117, sec 2; am 2006, ord 06-159, sec 1; am 2017, ord 17-57, sec 2.)
Section 15-62. Membership and tenure.
(a) The members shall serve staggered terms of five years.
(b) The membership of the committee shall include one representative each from the
American Legion, Big Island National Guard Retirees Association, Big Island
Retired Military Association, Disabled American Veterans, Hawai`i Island Veterans
Memorial, Inc., Veterans of Foreign Wars, Military Order of the Purple Heart,
Korean War Veterans Organization, Camp Tarawa Detachment #1255 of the
Marine Corps League, Navy League of the United States, and the Combat
Infantrymen's Association. The committee shall also include one at -large member.
(c) Initially, two members shall be appointed for a term of one year, two members shall
be appointed for a term of two years, three members shall be appointed for a term
of three years, three members shall be appointed for a term of four years, and three
members shall be appointed for a term of five years.
(d) Any vacancy on the committee shall be filled for the remainder of the unexpired
term, but members whose terms have expired may continue to serve until their
successors have been appointed and confirmed.
(e) Members shall be eligible to succeed themselves for an additional term, provided
that no member shall serve on the committee for more than two consecutive terms.
(1986, ord 86-123, sec 2; am 1990, ord 90-5, sec 3; am 1994, ord 94-21, sec 1; am 1996,
ord 96-124, sec 1; am 1997, ord 97-125, sec 1; am 2002, ord 02-117, sec 2; am 2006, ord
06-159, sec 2; am 2007, ord 07-53, sec 2; am 2017, ord 17-57, sec 3.)
Section 15-63. Meetings of the committee.
There shall be a chairman and vice-chairman of the committee who shall be elected
biennially by the members from their membership. The meetings of the committee shall
be called at the discretion of the chairman or at the request of the majority of the
members of the committee with the time and place to be determined by the chairman.
(1986, ord 86-123, sec 2; am 1994, ord 94-21, sec 1.)
15-19 SUPP. 3 (1-2018)
§ 15-64 HAWAII COUNTY CODE
Section 15-64. Powers and duties of the committee.
It shall be the duty of the committee to act in an advisory capacity to the mayor and
the council concerning all matters pertaining to the operation, management, and
maintenance of the veterans cemeteries in the County, and discuss and make
recommendations on issues affecting veterans residing in Hawaii County. At the
request of the mayor or the council, the committee shall discuss and make
recommendations on other specific veterans -related issues. The committee may
recommend such rules and regulations as it may deem necessary for the enhancement
and proper management of the veterans cemeteries, or for the orderly transaction of
matters referred to it.
(1986, ord 86-123, sec 2; am 1994, ord 94-21, sec 1; am 2019, ord 19-3, sec 2.)
Article 8. Naming of Facilities.
Section 15-65. Purpose.
The council wishes to establish systematic guidelines to be used in the naming of
County parks and recreational facilities.
(1987, ord 87-134, sec 1.)
Section 15-66. Definitions.
As used in this article:
(1) "Aesthetic areas" shall include scenic and historic sites, ponds and waterfalls.
(2) "Open areas" shall include parks, playgrounds, fields and totlots.
(3) "Recreational facilities" means all County facilities classified herein as
aesthetic areas, open areas, special interest areas, and structures.
(4) "Special interest areas" shall include tennis courts, golf courses, zoos, botanical
gardens, equestrian center and rodeo arenas, archery ranges, rifle and skeet
ranges, drag strips and other raceways, and any other facility operated or
owned by the County of Hawaii which has as its purpose the recreation,
entertainment or leisure activity of members of the public as either
participants or spectators.
(5) "Structures" shall include gymnasiums, community centers, senior centers,
cultural centers, pavilions, covered arenas and courts, stadiums, theaters, and
any other construction which is under the administration of the department of
parks and recreation of the County.
(1987, ord 87-134, sec 1.)
SUPP. 6 (7-2019) 15-20
PARKS AND RECREATION
Section 15-68.1. Parks and recreational facility schedule.
PARKS
§ 15-68.1
Hilo/Hamakua
Afook-Chinen Civic Auditorium
Kaiwiki Park
Ahualani Park
Kalakaua Park
Ainako Park
Kaman Senior Center
Ainaola Park
Kanakea Pond
Aunty Dottie Thompson Hale
Kaumana Caves
Aunty Sally Kaleohano's Lu`au Hale
Kaumana Lani Park
Bakers Beach
Keikiland Playground
Carlsmith Beach Park
Kolekole Gulch Park
Charles "Sparky" Kawamoto Swim
Kuhio Kalaniana`ole Park
Stadium
Kukuihaele Park
Clem Akina Park
Kula`imano Park
East Hawai`i Cultural Center
Lalakea Pond Beach Park
Edith Kanakaole Multi-purpose Stadium
Laupahoehoe Point Beach Park
Francis F.C. Wong Stadium
Laupahoehoe Senior Center
Frank M. Santos Park
Laupahoehoe Swimming Pool
Gilbert Carvalho Park
Lehia Beach Park
Haina Park
Leleiwi Beach Park
Hakalau Veterans Park
Liholiho Garden
Happiness Gardens
Lili`uokalani Gardens
Hilo Armory
Lincoln Park
Hilo Bayfront Beach
(1) Dr. Ruth E. Oda Playground
Hilo Bayfront Soccerfields
Lokahi Park
Hilo Drag Strip
Machado Acres Park
Hilo Municipal Golf Course
Malama Park
Hilo Pomaika`i Senior Center
Mohouli Park
Hilo Skeet Range
Mokuola Island
Honoka`a Park
Mo`oheau Park
(1) Lala Epenesa, Jr. Ballfleld
NAS Swimming Pool
Honoka`a Rodeo Arena
Onekahakaha Beach Park
(1) Rose Andrade Correia Stadium
(1) Uncle David K. Calles, Sr.
Honoka`a Swimming Pool
Horseshoe Courts
Honoli`i Beach Park
`O`okala Park
Honomu Park
Pa'auilo Park
Ho`olulu Complex
Pana`ewa Equestrian Center
Hualani Park
Pana`ewa Park
(1) Ronald Futoshi "Harpo" Saiki
Pana`ewa Rainforest Zoo and Gardens
Officials' Stand
Papa`aloa Park
James Kealoha Beach Park
15-23
SUPP. 5 (1-2019)
§ 15-68.1
HAWAI`I COUNTY CODE
PARKS (continued)
Hilo/Hamakua (continued)
Pepe`ekeo Community Center
Waiakea Waena Park
Princess Abigail Wahiika`ahu`ula
Waikaumalo Park
Kawananakoa Center
Wainaku Gym
Reeds Bay Beach Park
Wainaku Playground
Richardson Ocean Park
Wai`olena Beach Park
University Heights Park
Waipi`o Community Park
Waiakea Recreation Center
Waipi`o Look Out
Waiakea-Uka Park
Wai`uli Beach Park
(1) Stanley Costales Waiakea-Uka
Walter C.K. Victor Baseball Complex
Gym
Kohala
Ka`u
Kahuku Park
Laurence J. Capellas Ballfield
Na`alehu Park
Pahala Community Center
Pahala Swimming Pool
Kamehameha Park
Pahala Tennis and Basketball Courts
Punalu'u Black Sand Beach Park
Representative Robert N. Herkes
Gymnasium and Shelter
Wai ohinu Park
Whittington Beach Park
Kohala
Kamakoa Nui Park
Spencer Park at `Ohai`ula Beach
Kamehameha Park
(1) Samuel Mahuka Spencer Pavilion
(1) Shiro Takata Field
Waikoloa Community Park
Kapa'a Beach Park
Waikoloa Neighborhood Park
Keokea Beach Park
Waimea Church Row Park
Lily Yoshimatsu Senior Center
Waimea Park
Mahukona Beach Park
Mahukona Wharf
North Kohala Senior Center
North Kohala Veterans Field
SUPP. 6 (7-2019)
15-24
PARKS AND RECREATION
PARKS (continued)
§ 15-68.1
Kona
Alii Kai Park
Kona Imin Center
Arthur C. Greenwell Park
Kona Waena Swimming Pool
Clarence Lum Won Park
Ku'emanu Heiau
Hale Halawai
La'aloa Bay Beach Park
Harold H. Higashihara Park
Magic Sands Beach Park
Honaunau Boat Ramp
Miloli'i Beach Park
Honaunau Rodeo Arena
Nakamalei Playground
Ho`okena Beach Park
Old Kona Airport Park
Kahalu`u Beach Park
Pahoehoe Beach Park
Kailua Park
Sgt. Rodney J. T. Yano Memorial Hall
Kailua Playground
Wai`aha Beach Park
Kekuaokalani Gymnasium
William Charles Lunalilo Playground
Kohanaiki Beach Park
Kea'au Community Center
Kona Hillcrest Park
15-25 SUPP. 4 (7-2018)
Puna
Ahalanui Park/Maunakea Pond
Kurtistown Park
A.J. Watt Gym
Mt. View Park
Glenwood Park
Pahoa District Park
Hawaiian Beaches Park
(1) Ginny Aste Skate Park
Herbert Shipman Park
(2) Pahoa Aquatic Center
(1) Buddy Perry Soccer Field
(3) Pahoa Neighborhood Facility
Isaac Kepo`okalani Hale Beach Park
Volcano Park
Kahakai Park
Kea'au Community Center
15-25 SUPP. 4 (7-2018)
§ 15-68.1
HAWAI`I COUNTY CODE
CEMETERIES
Hilo/Hamakua
Alae Cemetery
Kainehe Cemetery (Kuka`iau)
Kihalani Cemetery (Laupahoehoe)
Kukuihaele Cemetery
Pa'alaea Cemetery (Honoka`a)
Veterans Cemetery No. 1
Veterans Cemetery No. 2
Waiakea Uka Cemetery
Ka`u
Na`alehu Cemetery
North/South Kohala
Kahei Cemetery
Waimea Cemetery
Kona
West Hawaii Veterans Cemetery-Pu`u
Ho`omaha 0 Na Po`e Koa 0 Hawaii
Komohana
Hienaloli Cemetery (Keopu)
(2000, ord 00-15, sec 2; ord 00-66, sec 2; ord 00-113, secs 1 and 2; am 2002, ord 02-58,
sec 2; am 2003, ord 03-99, sec 2; ord 03-135, sec 2; am 2004, ord 04-79, sec 2; am 2005,
ord 05-40, sec 2; ord 05-96, sec 2; am 2006, ord 06-127, sec 2; ord 06-149, sec 3; am
2007, ord 07-22, sec 4; am 2008, ord 08-7 sec 5; ord 08-22, sec 2; ord 08-35, sec 2; ord
08-121, sec 2; ord 08-142, sec 2; am 2009, ord 09-32, sec 3; am 2010, ord 10-11, sec 3; am
2011, ord 11-90, sec 3; am 2012, ord 12-164, sec 2; am 2014, ord 14-57, sec 2; am 2015,
ord 15-60, sec 4; am 2016, ord 16-111, sec 2; ord 16-112, sec 2; ord. 16-113, sec 4; am
2017, ord 17-61, sec 2; am 2018, ord 18-2, sec 2; ord 18-20, sec 3; ord 18-21, sec 2; ord
18-22, sec 2; ord 18-44, sec 2; ord 18-61, sec 2; ord 18-83, sec 2; am 2019, ord 19-43,
sec 2.)
SUPP. 6 (7-2019) 15-26
THE HAWAII COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 6 (7-2019)
Contains ordinances effective through: 06-30-19
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAII
STATE OF HAWAII
Office of the County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
(808) 961-8255
Volume Two
SEWERS
Section 21-36.1. Wastewater service charge rates.
§ 21-36.1
WASTEWATER SERVICE CHARGE RATE
User Category
Effective Date*
04/01/19
04/01/20
04/01/21
04/01/22
04/01/23
A. Single Unit Residential:
1. Monthly charge per unit
$35.00
$40.00
$44.00
$48.00
$52.00
B. Multi -Unit Residential:
1. Monthly charge per unit
35.00
40.00
44.00
48.00
52.00
C. Nonresidential:
1. Monthly base rate charge per unit
2. Monthly usage charge per
1,000 gallons (after the first
8,000 gallons) per unit
8,001 - 15,000g
15,001 - 30,000g
30,001g +
34.00
4.75
5.50
5.75
42.00
5.50
6.50
6.75
46.00
6.25
7.50
7.75
50.00
7.00
8.50
8.75
54.00
7.50
9.00
9.50
D. Private Haulers Discharge Fee:
1. Discharge fee per 500
gallons or fraction thereof
2. Minimum charge per load
38.00
38.00
46.00
46.00
52.00
52.00
58.00
58.00
64.00
64.00
E. Gang Cesspools:
1. Monthly charge per unit
18.00
20.00
22.00
24.00
25.00
*Rate begins on first full billing cycle after effective date.
(1997, ord 97-68, sec 2; am 1998, ord 98-21, sec 1; am 2000, ord 00-82, sec 5; am 2003,
ord 03-92, sec 1; am 2019, ord 19-21, sec 2.)
Section 21-36.2. Remission of charges.
Sewer users who have been charged for sewer services pursuant to section 21-29,
may ask for a remission of such charges to the extent and in the manner set forth
herein:
(1) The user establishes and the director determines that the user is entitled to an
adjustment in water consumption totals.
(2) Any application for such adjustment must be made with the director within
one year of the alleged error in determination of water consumption totals.
(2000, ord 00-83, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 16.)
21-17 SUPP. 6 (7-2019)
§ 21-37 HAWAI`I COUNTY CODE
Article 5. Sewer Connection Loan Program.
Section 21-37. Findings and purpose.
Section 21-5, requires connection to the sewer of lots accessible to a sewer. The
connection cost may be financially burdensome for many owners. Therefore, the council
finds that, in order to assure that all possible lots are connected to the sewer to meet
Federal and State requirements, it is in the public interest to create, in cooperation with
a bank or other financial institution, a program by which the County of Hawai`i assists
owners to connect to the sewer by guaranteeing loans for this purpose.
The guaranteed loan program would allow the owner to get a County -guaranteed
loan from the bank or other financial institution after it agrees that the County of
Hawaii shall place a lien on the property at the time the loan closes. The lien would be
for the loan amount and related fees and costs. The County of Hawai`i would guarantee
the bank or other financial institution that it will pay the balance of the loan in full
should the owner default on the loan.
This law shall cover the sewer connections which will be required in the following
increments:
Waiakea Houselots
110 lots
Waiakea Mill Pond
100 lots
Ainako "A"
114 lots
Kalaniana`ole Laterals
125 lots
Ainako "B"
93 lots
(Optional Hookups)
100 lots
Alii Drive "A" — "F"
200 lots
Honoka`a
106 lots
(1992, ord 92-136, sec 1; am 2008, ord 08-117, sec 1; am 2012, ord 12-10, sec 2.)
Section 21-38. Definitions.
For purposes of this article, the following words and phrases, unless the context
otherwise requires, shall be defined as indicated:
"Default" means the failure of a guaranteed borrower to make a required payment
to a designated bank within ninety days of the date upon which the payment is due as
stated in the contract between a designated bank and a guaranteed borrower.
"Designated bank" means any bank or financial institution approved by the director
of finance pursuant to this article to provide loans to owners who are required to
connect property to sewers by section 21-5.
"Guaranteed borrower" means an owner who has executed the appropriate
agreements with the County of Hawai`i required by this article and whose loan with a
designated bank is guaranteed by the County of Hawai`i in accordance with this article.
21-18
VEHICLES AND TRAFFIC
§ 24-255
(g) Puna (Continued)
• Ali`i Koa Street.
• Amaumau Road.
• Anuhea Street.
• Hapu`u Road, from Nanawale Boulevard to Maui Road.
• Haunani Road, from Highway 11 to a point six hundred thirty-five feet
northwest of Maile Avenue.
• Huina Road, beginning at a point 0.8 mile west of Volcano Highway and
extending 1.6 miles to Luhi Road.
• Kahakai Boulevard, from the property line between parcels 1-5-9:09
and 1-5-9:59 and extending fifty eight feet northeast of `A`ama Street.
• Kehau Road, from Nanawale Boulevard to Maui Road.
• Koloa Maoli Road.
• Kukui Camp Road, from the Hawaii Belt Road to its terminus.
• Mahi'ai Road, from its northeastern terminus to Amaumau Road.
• Moho Road
• Mokuna Street.
• North Ala Road, Route 11 to Huina Road.
• North Glenwood Road, from Route 11 to a point 2.2 miles in the
westerly direction.
• North Kulani Road, Route 11 to Pacific Paradise Gardens Subdivision.
• Old Volcano Highway, in Volcano Village.
• Old Volcano Road.
• Old Volcano Road in Kea'au Village, from its intersection with Highway
11, approximately 0.2 mile north of Mile Post 8, and extending in a
northerly direction to its intersection with Kea'au Loop Road, in the
vicinity of Mile Post 7.
• `Opihikao-Kama`i1i Road, between a point 3 miles makai of Route 130
and Route 137.
• `Opihikao-Kama`i1i Road, between points 1.1 and 2.8 miles makai of
Route 130.
• Pa Alii Street.
• Pahoa Road, from a point 0.75 miles Pahoa of Kahakai Boulevard to the
Kapoho Pahoa-Kalapana Road junction.
• Pahoa Solid Waste Disposal Road, known as the Pahoa By Pass Road,
for its entire length.
• Pohoiki Road, between a point 1.55 miles makai of Route 132 and
Route 137.
• South Kulani Road, from a point three hundred feet northwest of bridge
18-1 to its southeastern terminus.
24A-9
SUPP. 3 (1-2018)
§ 24-255
HAWAI`I COUNTY CODE
(g) Puna (Continued)
• South Kulani Road, from Volcano Road to the property line between
parcels 1-8-086:026 and 1-8-086:027.
• Wright Road, from a point six thousand six hundred eighty-five feet
northwest of Olomea road to its northwestern terminus.
• Wright Road, from its southeastern terminus to Olomea Road.
(1996, ord 96-163, sec 2; am 1996, ord 96-145, sec 2; am 1997, ord 97-2, sec 2; ord
97-76, sec 1; ord 97-94, sec 1; ord 97-97, sec 1; am 1998, ord 98-131, secs 1 and 2;
am 1999, ord 99-65, secs 7 and 8; ord 99-85, sec 2; ord 99-135, sec 2; am 2000, ord
00-39, sec 1; am 2001, ord 01-62, sec 2; ord 01-96, sec 2; am 2008, ord 08-63, sec
2; am 2009, ord 09-24, sec 1; ord 09-61, sec 1; ord 09-95, sec 1; ord 09-98, sec 1;
ord 09-99, sec 1; ord 09-130, sec 2; ord 09-134, sec 2; am 2010, ord 10-39, sec 1;
ord 10-40, sec 1; ord 10-41, sec 1; ord 10-86, sec 1; am 2012, ord 12-60, sec 2; ord
12-71, sec 2; ord 12-117, secs 2 and 3; ord 12-166, sec 2; ord 12-167, sec 2; am
2013, ord 13-55, secs 2 and 3; am 2014, ord 14-26, sec 2; ord 14-45, sec 2; ord
14-93, secs 2 and 3; am 2015, ord 15-21, secs 2 and 3; ord 15-108, sec 3; am 2016,
ord 16-64, sec 2; am 2017, ord 17-60, sec 2.)
Section 24-256. Schedule 4. 30 mile per hour limit.
A speed limit of thirty miles per hour is established as set forth in this schedule
upon the streets or portions of streets following:
(a) Hamakua
• Mauna Kea Road, from a point 2.46 miles north of the Saddle Road
intersection to Hale POhaku.
(b) North Hilo
(c) South Hilo
• Hoaka Road, Ainaola Drive to Malaai Road.
• Kalaniana`ole Street, James Kealoha Park Access Road to Leleiwi
Street.
• Kilauea Avenue from Ponahawai Street to Lono Street.
• Kukuau Street, from Komohana Street to a point one hundred fifty feet
southwest of Kahikini Street.
• Lama Street, Kanoelehua Street to Railroad Avenue.
• Leilani Street, from Kanoelehua Avenue to Kekuanao`a Street.
• Makalika Street, Kanoelehua Street to Railroad Avenue.
• Mamaki Street, Stainback Highway to Awa Street.
(d) Ka`u
• Kama`oa Road, from a point 0.4 mile west of Route 11 for a distance of
2.6 miles towards South Point Road.
SUPP. 6 (7-2019)
24A-10
VEHICLES AND TRAFFIC
§ 24-256
(e) Kohala
• Kawaihae Road (FAP Route 19), Mamalahoa Highway to the beginning
of the State Highway.
• Mamalahoa Highway in Waimea, from Lindsey Road to a point five
thousand five hundred feet in the Honoka`a direction, in the vicinity of
Fukushima Store.
(f) Kona
• Ali`i Drive, from Makole`a Street to Kamehameha III Road.
• Ali`i Drive, from Walua Road to the property line between parcels
7-8-014:005 and 7-8-014:006.
• Hawai`i Belt Road (Highway 11), from a point five thousand one
hundred feet south of the terminus of the State Highway in Honalo to a
point two hundred thirty-five feet north of Haukapila Street.
• Hawai`i Belt Road (Highway 11), from a point one thousand feet south
of Hale Ke`eke`e Place to the beginning of the State Highway in
Captain Cook.
• Mamalahoa Highway, from Honokohau (Palani) Junction to the
Keauhou Junction.
(g) Puna
• Government Beach Road, from Pahoa-Kapoho Road to Papaya Farms
Road.
• Huina Road, Volcano Highway to a point 0.8 mile west.
• Kalapana-Kapoho Beach Road, from a point six thousand three
hundred sixty-one feet south of Kapoho Kai Drive to its southern
terminus.
• North Kulani Road, Pacific Paradise Gardens Subdivision to Ihope
Road.
• Pahoa Road, from Kahakai Boulevard for a distance of 0.75 mile in the
Pahoa direction.
(1996, ord 96-163, sec 2; am 1997, ord 97-76, sec 2; ord 97-97, sec 2; am 1998, ord
98-131, secs 3 and 4; am 2003, ord 03-95, sec 1; am 2008, ord 08-63, sec 1; am
2009, ord 09-96, sec 1; am 2012, ord 12-74, sec 2; ord 12-75, sec 2; ord 12-83, sec
2; am 2014, ord 14-94, secs 2 and 3; am 2016, ord 16-51, sec 2; am 2019, ord
19-42, sec 1.)
Section 24-257. Schedule 5. 35 mile per hour limit.
A speed limit of thirty-five miles per hour is established as set forth in this schedule
upon the streets or portions of streets as follows:
(a) Hamakua
24A-11
SUPP. 6 (7-2019)
§ 24-257
HAWAII COUNTY CODE
(b) North Hilo
(c) South Hilo
• Ainako Avenue.
• Ainaola Drive, from Kawailani Street to Mala`ai Road.
• Akolea Road, from Waianuenue Avenue to Haleloke Street.
• Chin Chuck Road, Hawaii Belt Road to a point 1.6 miles west.
• Haihai Street.
• `Iwalani Street, between Kawailani Street and Puainako Street.
• Kaiwiki Road, beginning at the Old Hawaii Belt Road and extending a
distance of 0.6 mile in the mauka direction.
• Kalaniana`ole Street, from Kamehameha Avenue to James Kealoha
Park Access Road.
• Kamehameha Avenue, from Ponahawai Street to Route 19, in the
vicinity of the old Hilo Iron Works.
• Kaumana Drive.
• Kawailani Street, from a point one hundred sixty-five feet east of
Makani Circle to Highway 11.
• Kawili Street between Kino`ole Street and Puainako Street.
• Kekuanao`a Street.
• Kilauea Avenue, from Lono Street to Hale Manu Drive.
• Kino`ole Street, from Haihai Street to Ponahawai Street.
• Komohana Street, between Ponahawai Street and Waianuenue Avenue.
• Komohana Street, from Ainaola Drive to Puainako Street.
• Kukuau Street, from a point one hundred fifty feet southwest of
Kahikini Street to its southwestern terminus.
• Kumuko`a Street, from Mohouli Street to Lanikaula Street.
• Lanikaula Street, from Kumuko`a Street to Kanoelehua Avenue.
• Mamalahoa Highway, from its junction with the Hawaii Belt Road at
Andrade Camp Road toward Hilo to its junction with the Hawaii Belt
Road at Papa`ikou in the vicinity of Kalaniana`ole School.
• Manono Street, from Kamehameha Avenue to Kawili Street.
• Mohouli Street, from Komohana Street to Kino`ole Street.
• Mohouli Street, Uluwai Street to Kaumana Drive.
• Pauahi Street, from Kamehameha Avenue to Kilauea Avenue.
• Puainako Street, westbound lane, from a point four hundred fifty feet
west of Kaumana Drive to its western terminus and eastbound lane,
from a point 3.57 miles east of Wilder Road to Komohana Street.
• Railroad Avenue, from a point eight hundred forty feet south of Kukila
Street to its southern terminus.
• Saddle Road, from Country Club Drive to the 18.8 mile point.
• Stainback Highway, Route 11 to a point eight hundred ninety feet west
of the Pana`ewa Zoo access road.
• Waianuenue Avenue, from mauka terminus to Ha1a`i Street.
SUPP. 6 (7-2019)
24A-12
VEHICLES AND TRAFFIC
§ 24-257
(d) Ka`u
• South Point Road.
(e) Kohala
• Mamalahoa Highway (Highway 190), from Lindsey Road to the end of
the County -maintained portion eighty-one feet south of Lalamilo Farm
Road.
• Mana Road, from Mamalahoa Highway for a distance of two thousand
two hundred feet.
• Paniolo Avenue from Paniolo Place to its terminus.
• Puakd Beach Road, from the Queen Ka`ahumanu Highway to a point
five hundred feet makai of the Rubbish Dump Road.
• Waikoloa Road, beginning at Auwaiakeakua Gulch Bridge and
extending 1.1 miles in the mauka direction.
(f) Kona
• Ali`i Drive, from Kamehameha III Road to Mamalahoa Bypass
Highway.
• Hina-Lani Street, Mamalahoa Highway (Route 190) to Anini Street.
• Hiona Street.
• Ka`iminani Drive, from Ane Keohokalole Highway to Highway 190.
• Ka`iminani Drive, from Highway 19 to Lau`i Street.
• Ka`iminani Drive, Queen Ka`ahumanu Highway to Lau`i Street.
• Kaloko Drive, from the Hawai`i Belt Road (Route 190) to a point .5 mile
in the easterly direction.
• Kamehameha III Road, from Kuakini Highway to Alii Drive.
• Kuakini Highway, from a point four hundred feet south of Hualalai
Road to the property line between the parcels identified as Tax Map
Key Numbers (3) 7-5-017:005 and (3) 7-5-017:002.
• Palani Road, from FASC Route 180 (Holualoa Road) to Queen
Ka`ahumanu Highway.
(g) Puna
• Ainaloa Boulevard, from Highway 130 to Stardust Drive.
• Hapu`u Road, from Maui Road to its northern terminus.
• Kahakai Boulevard, from a point fifty eight feet northeast of A`ama
Street to its northeastern terminus.
• Kalapana-Kapoho Beach Road, from its northern terminus to Kapoho
Kai Drive.
• Kehau Road, from Maui Road to its northern terminus.
• Leilani Estates Avenue.
24A-13
SUPP. 4 (7-2018)
§ 24-257
HAWAI`I COUNTY CODE
(g) Puna (Continued)
• Nanawale Boulevard.
• North Kulani Road, Ihope Road to Stainback Highway.
• `Opihikao-Kamd'i1i Road, between Route 130 and a point 1.1 miles in
the makai direction.
• Pahoa-Kapoho Road, from a point seven hundred fifty feet west of
Kalapana-Kapoho Beach Road to its eastern terminus.
• Pohoiki Road, between Route 132 and a point 1.55 miles in the makai
direction.
• Route 132, from Route 130 to the Pohoiki Road Junction.
• South Glenwood Road, from Route 11, to a point 0.86 mile in the
southeasterly direction.
• South Kopua Road.
• South Kulani Road, from the property line between parcels 1-8-086:026
and 1-8-086:027 and extending three hundred feet northwest of
Bridge 18-1.
• Wright Road, from Olomea Road and extending six thousand six
hundred eighty-five feet northwest of Olomea Road.
(1996, ord 96-163, sec 2; am 1997, ord 97-2, sec 1; ord 97-94, sec 2; ord 97-96, sec
1; am 1998, ord 98-42, sec 1; ord 98-101, sec 1; am 1999, ord 99-84, sec 1; ord 99-
135, sec 3; am 2000, ord 00-39, sec 2; ord 00-96, secs 1 and 2; am 2001, ord 01-62,
sec 3; am 2003, ord 03-8, secs 1 and 2; ord 03-95, sec 2; am 2009, ord 09-12, sec 1;
am 2010, ord 10-78, sec 1; ord 10-86, sec 2; am 2012, ord 12-61, sec 2; ord 12-100,
sec 2; ord 12-118, sec 2; am 2013, ord 13-33, sec 2; ord 13-54, sec 2; am 2014, ord
14-27, sec 2; am 2015, ord 15-28, sec 2; ord 15-108, sec 2; am 2016, ord 16-53, sec
2; ord 16-64, sec 3; am 2017, ord 17-10, sec 2; ord 17-60, sec 3; am 2018, ord
18-38, secs 1 and 2; am 2019, ord 19-41, sec 1.)
Section 24-258. Schedule 6. Reserved.*
* Editor's Note: Since this schedule duplicated schedule 5, the streets listed under this schedule were moved to
schedule 5.
Section 24-259. Schedule 7. 40 mile per hour limit.
A speed limit of forty miles per hour is established as set forth in this schedule
upon the streets and portions of streets as follows:
(a) Hamakua
• Mauna Kea Road, from Saddle Road intersection to a point 2.45 miles
north.
(b) North Hilo
SUPP. 6 (7-2019)
24A-14
Section 25-2-73.
Section 25-2-74.
Section 25-2-75.
Section 25-2-76.
Section 25-2-77.
Section 25-2-78.
Section 25-2-79.
Section 25-3-1.
Section 25-3-2.
Section 25-3-3.
Section 25-3-4.
Section 25-3-5.
Section 25-3-6.
Section 25-3-7.
Section 25-3-8.
Plan approval application and processing requirements for special
districts with design guidelines and/or standards.
Plan approval application requirements for telecommunication
antennas.
Plan approval application requirements for agricultural tourism.
Action on plan approval application.
Review criteria and conditions of approval.
Construction in conformity with plan approval.
Appeal of a plan approval decision.
Article 3. Establishment of Zoning Districts.
Designation of districts.
Designation of special districts.
Method and effect of establishment of districts.
Establishment of building lines, future width lines and plan lines for
future streets.
Application of district regulations.
Rules for interpretation of district boundaries.
District classification of streets.
Legal effect of establishment of building lines, future width lines,
and plan line.
Article 4. General Development Regulations.
Division 1. Use Regulations.
Section 25-4-1. Existing buildings.
Section 25-4-2. Conditions for construction of buildings designed for human
occupancy.
Section 25-4-3. Establishment of permitted uses.
Section 25-4-4. Uses prohibited.
Section 25-4-5. Uses authorized by other permits.
Section 25-4-6. Use of streets.
Section 25-4-7. Bed and breakfast establishments.
Section 25-4-8. Temporary real estate offices and model homes.
Section 25-4-9. Guest houses.
Section 25-4-10. Mobile dwellings.
Section 25-4-11. Power lines, utility substations, public buildings.
Section 25-4-12. Telecommunication antennas or towers.
Section 25-4-13. Home occupations.
Section 25-4-14. Flag lots.
Section 25-4-15. Agricultural tourism.
Section 25-4-16. Short-term vacation rentals.
Section 25-4-16.1. Short-term vacation rental nonconforming use certificate.
iii SUPP. 6 (7-2019)
Section 25-4-16.2. Prima facie evidence; short-term vacation rentals.
Section 25-4-16.3 Short-term vacation rental enforcement account.
Section 25-4-20.
Section 25-4-21.
Section 25-4-22.
Section 25-4-23.
Section 25-4-30.
Section 25-4-31.
Section 25-4-32.
Section 25-4-33.
Section 25-4-34.
Section 25-4-40.
Section 25-4-41.
Section 25-4-42.
Section 25-4-43.
Section 25-4-44.
Section 25-4-45.
Section 25-4-46.
Section 25-4-47.
Division 2. Heights.
Height; general rules.
Basements and underground structures.
Exemptions from height limitations.
Accessory structure height limitations.
Division 3. Street Frontage, Lot Areas and Widths.
Minimum street frontage.
Minimum building site area; minimum average width.
Reduction of building site below minimum area.
Effect of delinquent tax sale; recordation of land.
Waiver of minimum building site area for utilities.
Division 4. Yards and Open Space.
General requirements for yards and open space.
Triangular or irregular building sites.
Corner building sites.
Fences and accessory structures.
Permitted projections into yards and open spaces.
Projection of porte-cocheres.
Projection of pools.
Minimum distance between main buildings on same building site.
Division 5. Off -Street Parking and Loading.
Section 25-4-50. Off-street parking and loading: purpose.
Section 25-4-51. Required number of parking spaces.
Section 25-4-52. Method of determining number of parking spaces.
Section 25-4-53. Minimum dimensions of parking spaces.
Section 25-4-54. Standards and improvements to off-street parking spaces.
Section 25-4-55. Parking for persons with disabilities.
Section 25-4-56. Off-street loading requirements.
Section 25-4-57. Method of determining number of loading spaces.
Section 25-4-58. Dimension of loading spaces.
Section 25-4-59. Location and improvement of loading spaces.
Section 25-4-59.1. Director determination of parking and loading requirements.
Section 25-4-59.2. Exceptions to the off-street parking and loading requirements.
Section 25-4-59.3. Landscaping and screening for parking lots and loading spaces.
SUPP. 6 (7-2019) iv
ZONING § 25-1-5
"Pedestrian way" means a public right-of-way through a block between lots for
pedestrian traffic, which may also be used as a utility easement and which has a
maximum width of twenty feet.
"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.
"Piggery" means any parcel or premises where five or more weaned hogs are
maintained.
"Plan approval" means the review and approval of plans for new structures and
additions to existing structures, and certain uses in specified zoning districts in order to
assure that the intent and purpose of this chapter are carried out.
"Plan lines for future streets" means lines established on the zoning map for the
purpose of future street construction and establishing the front property line of the
affected building site. The area within these lines shall be deemed to be the street right-
of-way, and cannot be considered in computing the minimum yard required on any
building site.
"Public use," "public building" and "public structure" mean a use conducted by or a
structure or building owned or managed by the federal government, the State of Hawai`i
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 nonprofit organizations.
"Reachable" means being able to:
(1) Respond via telephone to a request from a guest, neighbor, or County agency
within one hour of receiving that request; and
(2) Be physically present at the short-term vacation rental within three hours of
receiving a call from a guest, neighbor, or County agency, when that guest,
neighbor, or County agency requests the presence of the reachable person.
"Recycling center" means an establishment on a building site, with or without
buildings, upon which used materials are separated and processed for shipment for
eventual reuse in new products. A recycling collection point or an area which serves
only as a drop-off point for temporary storage of recyclables shall not be considered a
recycling center.
"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.
"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.
25-11 SUPP. 6 (7-2019)
§ 25-1-5 HAWAII COUNTY CODE
(E) Industrial machinery and heavy equipment repair.
(F) Vehicular repair, including repair of body and fender, and straightening of
frame and body parts.
"Repair establishment, minor" means an establishment which primarily provides
restoration, reconstruction and general mending and repair services, and which
includes those repair activities which have little or no impact on surrounding land uses
and can be compatibly located with other businesses. Minor repair establishments
include, but are not limited to:
(A) Automobile repair, including auto painting and motorized bicycle repair,
provided all repair work is performed within an enclosed structure and does
not include repair of body and fender, and straightening of frame and body
parts.
(B) Eyeglasses, hearing aids and prosthetic devices, production and repair.
(C) Furniture upholstery.
(D) Garment repair.
(E) General repair shop.
(F) Non -motorized bicycle repair.
(G) Radio, television and other household appliance and equipment repair, except
for those appliances with gasoline engines.
(H) Shoe repair.
(I) Watch, clock and jewelry repair.
"Resort area" means an area with facilities to accommodate the needs and desires
primarily of visitors, tourists and transient guests.
"Restaurant" means an establishment which is regularly and in a bona fide manner
used and kept open for the serving of meals to patrons for compensation and which has
suitable kitchen facilities connected with the establishment, containing the necessary
equipment and supplies for cooking an assortment of foods which may be required for
ordinary meals. Additionally, at least thirty percent of the establishment's gross
revenue must derive from the sale of foods.
"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 shops, appliance and apparel stores, tour, travel and ticket
agencies and other similar retail activities. The term does not include open storage
yards for new or used building materials, yards for scrap, salvage operations for storage
or display of automobile parts, service stations, repair garages or veterinary clinics and
hospitals.
"School" means a place for teaching, demonstration, learning, or organized group
instruction. Unless otherwise qualified, "school" means a place for primarily academic
instruction equivalent to what is commonly known as pre-school, kindergarten,
elementary school, intermediate school, high school, trade or vocational school, business
school, college or a combination of any of them.
"Self -storage facility" means a structure or structures, containing individual locker
compartments which allow individuals access to store possessions in these
compartments. Each locker or storage area is self-contained and can be secured.
SUPP. 6 (7-2019) 25-12
ZONING § 25-1-5
"Short-term vacation rental" means a dwelling unit of which the owner or operator
does not reside on the building site, that has no more than five bedrooms for rent on the
building site, and is rented for a period of thirty consecutive days or less. This
definition does not include the short-term use of an owner's primary residence as
defined under section 121 of the Internal Revenue Code.
"Single-family dwelling" means a building containing only one dwelling unit.
"Street" means a 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 building sites.
"Street frontage" means that portion of a building site that has a common line with
a street right-of-way line. The street frontage is designated as the front property line.
"Structure" means anything above existing grade constructed or erected with a
fixed location on the ground, or requiring a fixed location on the ground, or attached to
something having or requiring a fixed location on the ground. The term "structure"
includes the term "building."
"Surveyor" means a person duly registered as a professional land surveyor in the
State.
"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
accessory uses. Not included are portable, hand held and vehicular transceivers or
radios; industrial, scientific and medical equipment operating at frequencies designated
for that purpose by the Federal Communications Commission (FCC); marketed
consumer products, such as microwave ovens, citizens band radios, ham radios and
remote control toys; and facilities for the receiving of these transmissions, including
individual radio and television appliances.
"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.
"Time share unit" means any multiple -family dwelling unit or hotel, which is
owned, occupied or possessed, under an ownership and/or use agreement among various
persons for less than a sixty-day period in any year for any occupant, and is regulated
under the provisions of chapter 514E, Hawai`i Revised Statutes, as amended.
"University" means a nationally -accredited institution of higher learning, whether
classified as a "university" or a "college" and whether public or private, including
community colleges, providing facilities for teaching, research and group learning and
authorized to grant academic degrees.
"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.
"Warehousing" means the storage of raw materials, finished products, merchandise
and/or other goods, within a building for subsequent delivery, transfer and/or pickup.
25-13 SUPP. 6 (7-2019)
§ 25-1-5 HAWAI`I COUNTY CODE
"Wholesaling and distribution" means the sale and/or distribution of manufactured
and/or processed products, merchandise or other goods in large quantities for
subsequent resale to retail establishments, and/or industrial, institutional and
commercial users.
"Yard" means an open space on the same building site with a building, which open
space lies between the building and the bounding lot lines, and is unoccupied and
unobstructed from the ground upward except for landscaping and except for fences,
walls, architectural features, pools, porte cocheres, cornices, canopies, roof overhangs,
eaves, porches, balconies, terraces, fire escapes, stairs, ramps and other similar features
authorized under article 4, division 4 of this chapter, and includes:
(A) "Front yard" which is a yard lying between the street line on which the
building site fronts or the future width line or the plan line for future street
and a line 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.
(B) "Rear yard" which is a yard lying between the rear lot line and a line parallel
thereto extended to intersect the side lot lines, which line runs through the
point of a main building nearest the rear lot line. The depth of said yard is the
distance between the parallel lines.
(C) "Side yard" which is a yard lying between the front yard, the rear yard, the
side lot line and a line 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.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2000, ord 00-152, sec 1; am 2002, ord
02-70, sec 2; am 2007, ord 07-55, sec 1; ord 07-104, sec 2; am 2008, ord 08-155, sec 2; am
2009, ord 09-118, sec 17; am 2012, ord 12-28, sec 2; am 2018, ord 18-114, sec 3.)
Article 2. Administration and Enforcement.
Division 1. General Administration.
Section 25-2-1. Duties of county officers.
(a) The building official shall enforce any provisions of this chapter relative to building
construction and occupancy.
(b) The director shall enforce all other provisions of this chapter pertaining to land use.
(c) All law enforcement officers of the County shall enforce all the provisions of this
chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-2-2. Issuance of permits or licenses in conformance with chapter.
All departments, officials, and public employees authorized to issue permits or
licenses shall conform to the provisions of this chapter and no permit or license for any
use, building, or other purpose shall be issued where the license or permit would be in
conflict with the provisions of this chapter. Any permit or license, if issued in conflict
with the provisions of this chapter, shall be void.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP. 6 (7-2019) 25-14
ZONING § 25-2-22
(c) A verbatim audio recording or stenographic record shall be made of the hearing and
shall remain on file in the office of the board of appeals. Copies of such verbatim
record of any hearing may be ordered by any party, with the cost thereof to be paid
by the party ordering such copy or copies.
(d) The appellant has the burden of proof in an appeal before the board of appeals.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-2-23. Standard of review.
The board of appeals may affirm the decision of the director, or it may reverse or
modify the decision or remand the decision with appropriate instructions if based upon
the preponderance of evidence the board finds that:
(1) The director erred in its decision; or
(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.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 4.)
Section 25-2-24. Adoption of rules.
The board of appeals shall adopt rules pursuant to chapter 91, Hawai`i Revised
Statutes, necessary for the implementation of the provisions regarding appeals.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-2-25. Further appeal rights.
All actions of the board of appeals are final except that, within thirty days of the
date of the board's written decision, any person aggrieved by the decision of the board of
appeals may appeal such action to third circuit court pursuant to chapter 91, Hawaii
Revised Statutes.
(1999, ord 99-112, sec 2.)
Division 3. Violations, Penalties, Enforcement.
Section 25-2-30. Violations.
Any approval or permit issued pursuant to the provisions of this chapter shall
comply with all applicable requirements of this chapter. Failure to comply with any
provision of this chapter, any rule adopted pursuant to this chapter, or with conditions
imposed as part of any approval, permit, or variance from the provisions of this chapter,
shall constitute a violation of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2018, ord 18-114, sec 4.)
25-21 SUPP. 6 (7-2019)
§ 25-2-31 HAWAII COUNTY CODE
Section 25-2-31. Criminal prosecution.
(a) Any person whether as principal, agent, employee, or otherwise, violating or
causing or permitting the violation of any of the provisions of this chapter, shall be
guilty of a violation, and upon conviction thereof shall be sentenced as follows:
(1) For a first offense, by a fine not exceeding $500.
(2) For a subsequent conviction which occurs within five years of any prior
conviction for violation of this chapter, by a fine of not less than $500 but not
exceeding $1,000.
(b) 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, Hawai`i
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 of
Hawai`i and the County.
(g) In every case when a citation is issued, the original of the same shall be given to the
violator, provided that the administrative judge of the district court may prescribe
the giving to the violator of a carbon copy of the citation and provide for the
disposition of the original and any other copies.
(h) Every citation shall be consecutively numbered and each carbon copy shall bear the
number of its respective original.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-22
ZONING § 25-4-15
(g) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does
not conform to the standards in section 25-4-15(d), and which has not previously
received a special permit or use permit for such activity, may continue such use
until May 20, 2010, and, if an application for a special permit or a use permit has
been received and accepted by May 20, 2010, may continue such use until final
action has been taken on the application. After May 20, 2010, or denial of the
application, whichever occurs later, continued use shall be considered illegal under
this chapter.
(h) Any agricultural tourism activity that is currently operated under a special permit
may continue to operate under the terms and conditions of the special permit, or
apply to void the special permit and, if the permit is voided, operate under the
standards of section 25-4-15(d).
(i) An agricultural tourism activity that obtains plan approval, but becomes non-
compliant with the standards of section 25-4-15(d) because of an increase in the
number of visitors, shall apply for a special permit, but may continue to operate
until a final decision is made on the special permit application.
(j) An agricultural tourism activity which has received plan approval shall submit
financial records to the director on request to verify compliance and shall maintain
a count of visitors which shall be furnished to the director on request.
(k) The director may use observations of visitor arrivals, including bus traffic, in
estimating whether an agricultural tourism activity complies with section
25-4-15(d)(3), and may require that an activity allowed with plan approval apply for
a special permit based on such observations. In that case, the activity may
continue until a final decision is made on the special permit.
(2008, ord 08-155, sec 9; am 2009, ord 09-143, sec 2.)
Section 25-4-16. Short-term vacation rentals.
(a) Short-term vacation rentals; where permitted, specific prohibitions.
(1) Short-term vacation rentals shall be permitted in the:
(A) V, CG, and CV districts;
(B) Residential and commercial zoning districts, situated in the General
Plan Resort and Resort Node areas; and
(C) RM district, for multiple family dwellings within a condominium
property regime as defined and governed by chapters 514A or 514B,
Hawai`i Revised Statutes.
(2) Private covenants prohibiting use of any unit as a short-term vacation rental
shall not be invalidated by this chapter.
Registration of all short-term vacation rentals.
(1) Short-term vacation rentals in existence on or before April 1, 2019 shall
register with the director and pay a one-time fee of $500. The registration
form and associated fee shall be submitted to the planning department no
later than September 30, 2019.
(2) Any new short-term vacation rental established in a zoning district after
April 1, 2019, where such use is permissible pursuant to this
(h)
25-57 SUPP. 6 (7-2019)
§ 25-4-16 HAWAII COUNTY CODE
section, shall register with the director and pay a one-time fee of $500 prior to
use of such rental.
(3) Short-term vacation rentals shall only be established within a dwelling that
has been issued final approvals by the building division for building, electrical,
and plumbing permits.
(4) Owners of short-term vacation rentals shall register by submitting a form to
the planning department in a format prescribed by the director.
The registration form, at a minimum, shall require:
(A) Verification that State of Hawai`i general excise tax and transient
accommodations tax licenses are in effect and verification that County
property taxes are paid in full;
(B) Certification that the requisite amount of parking pursuant to section
25-4-51, is available;
(C) Submittal of a site plan showing the location of the rooms for rent and
requisite parking; and
(D) Verification that notification letters from nonconforming use applicants
have been sent to all owners and lessees of record of all lots of which any
portion is within three hundred feet of any point along the perimeter
boundary of the short-term vacation rental property. The notification
letter shall provide detailed information about the short-term vacation
rental operation including: number of units being rented; maximum
number of guests permitted; number and location of required parking
spaces; and instructions on how to submit complaints to the planning
department about the subject rental operation.
(5) Owners of short-term vacation rentals shall notify the director when a short-
term vacation rental establishment permanently ceases to operate for any
reason.
(6) Upon change in ownership, the new owner shall notify the director forthwith
of the change in ownership and provide contact information for the reachable
person. Registration shall automatically continue, subject to termination by
the new owner.
(7) Any short-term vacation rental that has not lawfully registered within the
deadlines set forth in this section shall be considered an unpermitted use and
subject to the penalties set forth in this chapter until such time as proper
registration and compliance with applicable requirements of this section are
obtained.
(c) Standards.
All short-term vacation rentals shall be subject to the following standards:
(1) The owner or reachable person shall reside in the County of Hawaii and shall
be reachable by guests, neighbors, and County agencies on a twenty-four hour,
seven days -per -week basis. The owner shall notify the planning department of
any changes to their contact information forthwith.
(2) Good neighbor policy. The owner or reachable person shall be responsible to
ensure that activities taking place within the short-term vacation rental
SUPP. 6 (7-2019) 25-57.1
ZONING § 25-4-16
conform to the character of the existing neighborhood in which the rental is
located. At a minimum, the following shall be prominently displayed within
the dwelling unit and recited in the rental agreement signed by the tenant:
(A) Quiet hours shall be from 9:00 p.m. to 8:00 a.m., during which time the
noise from the short-term vacation rental shall not unreasonably disturb
adjacent neighbors.
(B) Sound that is audible beyond the property boundaries during non -quiet
hours shall not be more excessive than would be otherwise associated
with a residential area.
(C) Guest vehicles shall be parked in the designated onsite parking area.
(3) All print and internet advertising of short-term vacation rentals, including
listings with a rental service or real estate firm, shall include the registration
or nonconforming use certificate number.
(4) A copy of the registration as well as the reachable person's name and phone
number, shall be displayed on the back of the front door of the sleeping
quarters.
(5) Off-street parking shall meet the requirements set forth in section 25-4-51 and
applicable parking standards in this chapter.
(6) Any commercial signage that advertises a short-term vacation rental shall
comply with the requirements of section 22-2.6 and chapter 3 of this Code.
(d) Complaints and public information.
The director shall:
(1) Receive and track complaints regarding short-term vacation rentals;
(2) Provide information about rules, policies, and procedures pertaining to short-
term vacation rentals to property owners, managers, neighbors, and the
general public; and
(3) Maintain a list of all short-term vacation rentals that have registered or
received a nonconforming use certificate.
(e) Director duties in event of emergency.
In the event of a declared emergency, natural or manmade, where a significant
number of nonconforming short-term vacation rentals are permanently lost within
any given judicial district, the director shall assess the effect of such loss upon the
affected district and if deemed necessary, initiate legislative and administrative
opportunities to restore such loss in short-term vacation rental capacity within the
district of origin.
(2018, ord 08-114, sec 2.)
Section 25-4-16.1. Short-term vacation rental nonconforming use certificate.
(a) Nonconforming use certificate. In addition to registering pursuant to 25-4-16(b)(1),
the owner of any short-term vacation rental which operated outside of a permitted
zoning district prior to April 1, 2019, shall obtain a short-term vacation rental
nonconforming use certificate in order to continue to operate. This certificate must
be renewed annually. Applications for nonconforming use certificates must be
submitted to the director no later than September 30, 2019.
25-57.2 SUPP. 6 (7-2019)
§ 25-4-16.1 HAWAII COUNTY CODE
(b)
Evidence of prior use.
(1) The applicant seeking a short-term vacation rental nonconforming use
certificate shall have the burden of proof in establishing that the property was
in use prior to April 1, 2019 and that the dwelling has been issued final
approvals by the building division for building, electrical, and plumbing
permits. Evidence of such use prior to April 1, 2019 may include tax
documents for the relevant time period or other reliable information.
(c) Issuance of initial nonconforming use certificate.
(1) The director shall determine whether to issue a short-term vacation rental
nonconforming use certificate for a short-term vacation rental based on the
evidence submitted and other pertinent information.
(2) Issuance of an initial nonconforming use certificate may be denied if the
director verifies any of the following:
(A) The applicant has violated pertinent laws, such as not securing and
finalizing necessary building permits for the dwelling;
(B) The owner is delinquent in payment of State of Hawai`i general excise
tax, transient accommodations tax, or County property taxes, fees, fines,
or penalties assessed in relation to the short-term vacation rental; or
(C) Evidence of non-responsive management, such as issuance of a notice of
violation, police reports, or verified neighbor complaints of noise or other
disturbances relating to the short-term rental operations.
(d) Annual renewal.
(1) Nonconforming use certificates must be renewed every year on or before the
expiration date indicated on the certificate.
(2) At the time of renewal the applicant shall pay a renewal fee of $250 to the
director of finance.
(3) Renewal of a nonconforming use certificate shall be denied if the director finds
that the short-term vacation rental use has been abandoned pursuant to
section 25-4-62.
(4) Renewal of a nonconforming use certificate may be denied if the director
verifies any of the following:
(A) Any of the criteria for denial in section 25-4-16.1.(c)(2);
(B) The owner or reachable person has not been reachable; or
(C) The renewal request and renewal fee were not received on or before the
expiration date indicated on the certificate.
Agricultural lands. In the State land use agricultural district, a short-term
vacation rental nonconforming use certificate may only be issued for single-family
dwellings on lots existing before June 4, 1976.
Notice of denial of a nonconforming use certificate and appeal.
(1) Notice of a decision by the director to deny the initial issuance or renewal of a
nonconforming use certificate shall be transmitted in writing to the property
owner.
SUPP. 6 (7-2019) 25-57.3
ZONING § 25-4-16.1
(2) Within thirty days after the receipt of a notice of denial, the owner may appeal
to the board of appeals as provided by section 6-9.2, County Charter and
sections 25-2-20 through 25-2-24.
(g) Display. Current short-term vacation rental nonconforming use certificates shall
be displayed in a conspicuous place on the premises that is readily visible to an
inspector. In the event that a single address is associated with numerous
nonconforming use certificates, a listing of all units at that address holding current
certificates may be displayed in a conspicuous, readily visible common area instead.
(2018, ord 08-114, sec 2.)
Section 25-4-16.2. Prima facie evidence; short-term vacation rentals.
Advertising of any sort that of'f'ers a property as a short-term vacation rental shall
constitute prima facie evidence that a short-term vacation rental is operating on that
property. The burden of proof shall be on the owner or operator to establish either that
the property is not being used as a short-term vacation rental or that it is being used for
such purpose legally.
(2018, ord 08-114, sec 2.)
Section 25-4-16.3 Short-term vacation rental enforcement account.
(a) Pursuant to section 10-12, Hawai`i County Charter, a special fund to be known as
the "short-term vacation rental enforcement fund" is created. This fund shall be
administered by the director.
(b) The purpose of the fund is to support efforts to enforce the County's short-term
vacation rental law.
(c) This account shall be funded by all fees and fines collected in connection with the
administration and enforcement of the County's short-term vacation rental law.
(d) The funds in this account shall be utilized to pay for expenses that facilitate
enforcement of the County's short-term vacation rental enforcement law.
(2018, ord 08-114, sec 2.)
Division 2. Heights.
Section 25-4-20. Height; general rules.
(a) No building or structure hereafter erected shall exceed the established zoning
district height limit, except as hereinafter permitted or otherwise regulated.
(b) If any existing structure exceeds the established zoning district height limits, it
shall not be further increased in height.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-4-21. Basements and underground structures.
In all districts, any number of floors below ground may be permitted.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-57.4 SUPP. 6 (7-2019)
§ 25-4-22 HAWAII COUNTY CODE
Section 25-4-22. Exemptions from height limitations.
The following structures are exempt from zoning district height limits under the
specified restrictions:
(a) Chimneys, spires, belfries, water tanks, monuments, steeples, antennae, flag poles,
vent pipes, fans, structures housing or screening elevator machinery and other
similar features, not to exceed ten feet above the governing height limit.
(b) Safety railings not to exceed forty-two inches above the governing height limit.
(c) Utility poles and lines and telecommunication antennas not to exceed five hundred
feet from existing grade.
(d) One antenna for an amateur radio station operation per building site, not to exceed
ninety feet above existing grade.
(e) Wind machines, where permitted, provided that each machine shall be set back
from all property lines one foot for each foot of height, measured from the highest
vertical extension of the system.
(f) Any energy savings device, including heat pumps and solar collectors, not to exceed
eight feet above the governing height limit.
(g) Nonresidential 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.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-4-23. Accessory structure height limitations.
An accessory structure shall not exceed twenty feet in height, unless otherwise
specified in this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Division 3. Street Frontage, Lot Areas and Widths.
Section 25-4-30. Minimum street frontage.
The following minimum street frontage standards apply to every building site:
(a) Fifty percent of the required building site average width for any building site in a
zoning district providing for a minimum building site of one acre or less, except for
flag lots, any building site located at the end of a cul-de-sac, and any building site
where the access to the building site is by means of a roadway easement.
(b) One hundred feet for any building site in a zoning district providing for a minimum
building site of over one acre, except for flag lots, any building site located at the
end of a cul-de-sac, and any building site where the access to the building site is by
means of a roadway easement.
(c) The width of the pole or fifteen feet for any flag lot.
(d) Fifteen feet for any building site located at the end of a cul-de-sac.
(e) No street frontage shall be required for any building site where access to the
building site is by means of a roadway easement.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
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ZONING § 25-4-68
Section 25-4-68. Grounds for approval or denial.
The director shall approve an application for recognition of a de minimis structure
position discrepancy unless:
(a) The discrepancy is greater than the difference as allowed by the de minimis
structure position discrepancy definition, or
(b) The director finds that the improvement was placed with knowledge that it would
violate the minimum yard or open space requirements; or
(c) The improvement could be moved, or the discrepancy otherwise corrected, without
significant expense, difficulty, or hardship to the applicant.
(2002, ord 02-70, sec 3.)
Section 25-4-69. Recognition of de minimis structure position discrepancy.
If the director accepts the application for recognition of de minimis structure
position discrepancy, the director shall notify the applicant in writing that the
discrepancy is not a violation of the zoning code and that it may remain in place without
a variance.
(2002, ord 02-70, sec 3.)
Section 25-4-70. Disclosure.
A de minimis structure position discrepancy shall be disclosed by the owner to
subsequent purchasers of the property in question.
(2002, ord 02-70, sec 3.)
Section 25-4-71. Appeals.
The director's decision with respect to a de minimis structure position discrepancy
is appealable to the board of appeals.
(2002, ord 02-70, sec 3.)
Article 5. Zoning District Regulations.
Division 1. RS, Single -Family Residential Districts.
Section 25-5-1. Purpose and applicability.
The RS (single-family residential) district provides for lower or low and medium
density residential use, for urban and suburban family life. It applies to areas having
facilities, and to carry out the above stated purpose.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-2. Designation of RS districts.
Each RS (single-family residential) district shall be designated on the zoning map
by the symbol "RS" followed by a number which specifies the required minimum
building site area in thousands of square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
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§ 25-5-3 HAWAI`I COUNTY CODE
Section 25-5-3. Permitted uses.
(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model homes, as permitted under section 25-4-8.
(11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RS district, provided that a use permit is issued for each
use:
(1) Bed and breakfast establishments as permitted under section 25-4-7.
(2) Care homes.
(3) Churches, temples and synagogues.
(4) Crematoriums, funeral homes, funeral services, and mortuaries.
(5) Day care centers.
(6) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(8) Major outdoor amusement and recreation facilities.
(9) Schools.
(10) Telecommunication antennas and towers.
(11) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the RS district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord
14-86, sec 3; am 2018, ord 18-114, sec 5.)
Section 25-5-4. Height limit.
The height limit in the RS district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP. 6 (7-2019) 25-74
ZONING § 25-5-5
Section 25-5-5. Minimum building site area.
The minimum building site area in the RS district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-6. Minimum building site average width.
Each building site in the RS district shall have a minimum average width of sixty
feet, plus two feet for each five hundred square feet of required building site area in
excess of seven thousand five hundred square feet, except that no building site shall be
required to have an average width of more than one hundred fifty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-7. Minimum yards.
The minimum yards in the RS district shall be as follows:
(1) On a building site with a required area of seven thousand five hundred square
feet to and including nine thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet.
(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.
(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.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 1.)
Section 25-5-8. Other regulations.
(a) There may be more than one single-family dwelling on each building site in an RS
district provided there is not less than the required minimum building site area for
each dwelling.
(b) One guest house, in addition to 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.
(d) If a legal building site in the RS district has less area or average width than is
required, then the yard requirements for the building site shall be the same as in
the RS district having the largest requirements for which the building site can
comply.
(e) Exceptions to the regulations for the RS district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development, or by the director within a cluster plan
development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 3.)
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§ 25-5-20 HAWAI`I COUNTY CODE
Division 2. RD, Double -Family Residential Districts.
Section 25-5-20. Purpose and applicability.
The RD (double -family residential) district provides for moderate density use
characterized by the establishment of single or double -family dwellings on each building
site. It applies to areas with developed community facilities. It may occupy a
transitional area between RS districts and those districts having a more intense use of
land.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-21. Designation and density of RD districts.
Each RD (double -family residential district) shall be designated on the zoning map
by the symbol "RD" followed by the number "3.75" which requires that the minimum
land area for each dwelling unit shall be three thousand seven hundred fifty square
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-22. Permitted uses.
(a) The following uses shall be permitted in the RD district:
(1) Adult day care homes.
(2) Bed and breakfast establishments as permitted under section 25-4-7.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Crop production.
(6) Dwellings, double -family or duplex.
(7) Dwellings, single-family.
(8) Family child care homes.
(9) Group living facilities.
(10) Home occupations, as permitted under section 25-4-13.
(11) Meeting facilities.
(12) Model homes, as permitted under section 25-4-8.
(13) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(14) Public uses and structures, as permitted under section 25-4-11.
(15) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(16) Temporary real estate offices, as permitted under section 25-4-8.
(17) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RD district, provided that a use permit is issued for each
use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
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ZONING § 25-5-22
(5) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Major outdoor amusement and recreation facilities.
(8) Schools.
(9) Telecommunication antennas and towers.
(10) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted
under this section shall also be permitted in the RD district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 4; am 2014, ord
14-86, sec 4; am 2018, ord 18-114, sec 6.)
Section 25-5-23. Height limit.
The height limit in the RD district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-24. Minimum building site area.
The minimum building site area in the RD district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-25. Minimum building site average width.
Each building site in the RD district shall have a minimum average width of sixty
feet, plus two feet for each five hundred square feet of required building site area in
excess of seven thousand five hundred square feet, except that no building site shall be
required to have an average width of more than one hundred fifty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-26. Minimum yards.
The minimum yards in the RD district shall be as follows:
(1) On a building site with a required area of seven thousand five hundred square
feet to and including nine thousand nine hundred ninety-nine square feet:
(A) Front and rear yards, fifteen feet; and
(B) Side yards, eight feet.
(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.
25-77 SUPP. 6 (7-2019)
§ 25-5-26 HAWAII COUNTY CODE
(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.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 2.)
Section 25-5-27. Other regulations.
(a) There may be more than one double -family dwelling or more than two single-family
dwellings or any combination thereof on each building site in the RD district;
provided that the minimum land area requirement for each dwelling unit is met.
(b) There shall be at least fifteen feet between the exterior walls of each main structure
on the same building site in the RD district.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RD district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the RD district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 3; am 2015,
ord 15-33, sec 4.)
Division 3. RM, Multiple -Family Residential Districts.
Section 25-5-30. Purpose and applicability.
The RM (multiple -family residential) district provides for medium and high density
residential use. It covers areas with full community facilities and services. It may
occupy transition areas between commercial or industrial areas and other districts of
less intense land use.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-31. Designation and density of RM districts.
(a) Each RM (multiple -family residential) district shall be designated on the zoning
map by the symbol "RM" followed by a number which indicates the required land
area, in thousands of square feet, for each dwelling unit or for each separate
rentable unit in the case of boarding, rooming, or lodging houses, fraternity or
sorority houses.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the RM
district.
(c) The maximum density designation in the RM district shall be .75 or seven hundred
fifty square feet of land area per dwelling unit or separate rentable unit.
(d) In the RM district the following density designations shall be used: .75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
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ZONING § 25-5-32
Section 25-5-32. Permitted uses.
(a) The following uses shall be permitted in the RM district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Commercial or personal service uses, on a small scale, as approved by the
director, provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employees.
(6) Community buildings, as permitted under section 25-4-11.
(7) Crop production.
(8) Dwellings, double -family or duplex.
(9) Dwellings, multiple -family.
(10) Dwellings, single-family.
(11) Family child care homes.
(12) Group living facilities.
(13) Home occupations, as permitted under section 25-4-13.
(14) Meeting facilities.
(15) Model homes, as permitted under section 25-4-8.
(16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(17) Public uses and structures, as permitted under section 25-4-11.
(18) Short-term vacation rentals situated in any of the following:
(A) General plan resort and resort node areas.
(B) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and
governed by chapters 514A or 514B, Hawai`i Revised Statutes.
(19) Temporary real estate offices, as permitted under section 25-4-8.
(20) Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort 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.
(21) Utility substations, as permitted under section 25-4-11.
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, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(h)
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§ 25-5-32 HAWAI`I COUNTY CODE
(5) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(6) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(7) Major outdoor amusement and recreation facilities.
(8) Schools.
(9) Telecommunication antennas and towers.
(10) 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.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 5; am 2014, ord
14-86, sec 5; am 2018, ord 18-114, sec 7.)
Section 25-5-33. Height limit.
(a) In areas in the County outside of the City of Hilo, the height limit in the RM
district shall be forty-five feet.
(b) In the City of Hilo, the height limit in the RM district shall be one hundred twenty
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-34. Minimum building site area.
The minimum building site in the RM district shall be seven thousand five hundred
square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-35. Minimum building site average width.
Each building site in the RM district shall have a minimum average width of sixty
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-36. Minimum yards.
Minimum yards in the RM district shall be as follows:
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for a one-story building, plus an additional two feet for
each additional story.
(1996, ord 96-160, sec 2; ratified 1999, ord 96-160, sec 1.)
Section 25-5-37. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land
area of any building site in the RM district, except for lots containing only one single-
family dwelling and accessory buildings. Parking areas shall not be included within the
area required for landscaping on any building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999, am 2005, ord 05-155, sec 4.)
SUPP. 6 (7-2019) 25-80
ZONING § 25-5-38
Section 25-5-38. Other regulations.
(a) There may be more than one main building on any building site in the RM district.
(b) Distance between main buildings on the same building site in the RM district shall
be at least fifteen feet.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RM district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(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 commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 5; am 2015,
ord 15-33, sec 4.)
Division 4. RCX, Residential -Commercial Mixed Use Districts.
Section 25-5-40. Purpose and applicability.
The RCX (residential -commercial mixed use) district provides for the mixing of
some small-scale service type commercial uses in a district that is primarily residential
in character. The intent of this district is to allow a residential area to have certain
convenience type of commercial uses so as to provide more of a neighborhood character
to the residential area.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-41. Designation and density of RCX districts.
(a) Each RCX (residential -commercial mixed use) district shall be designated on the
zoning map by the symbol "RCX" followed by a number which indicates the
required land area, in thousands of square feet for each dwelling unit, or for each
separate rentable unit in the case of boarding, rooming, or lodging houses,
fraternity or sorority houses, or for each commercial unit.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the
RCX district.
(c) The maximum density designation in the RCX district shall be .75 which means
seven hundred fifty square feet of land area per dwelling unit or separate rentable
unit.
(d) In the RCX district the following density designations shall be used: .75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-42. Permitted uses.
(a) The following uses shall be permitted in the RCX district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
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§ 25-5-42 HAWAI`I COUNTY CODE
(h)
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Churches, temples and synagogues.
(6) Commercial or personal service uses, on a small scale, as approved by the
director.
(7) Community buildings, as permitted under section 25-4-11.
(8) Convenience stores.
(9) Crop production.
(10) Day care centers.
(11) Dwellings, double -family or duplex.
(12) Dwellings, multiple -family.
(13) Dwellings, single-family.
(14) Family child care homes.
(15) Group living facilities.
(16) Home occupations, as permitted under section 25-4-13.
(17) Medical clinics.
(18) Meeting facilities.
(19) Model homes, as permitted under section 25-4-8.
(20) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(21) Public uses and structures, as permitted under section 25-4-11.
(22) Restaurants.
(23) Schools.
(24) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(25) Utility substations, as permitted under section 25-4-11.
In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RCX district, provided that a use permit is issued for each
use:
(1) Care homes.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Telecommunication antennas and towers.
(7) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the above uses shall
also be permitted in the RCX district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 6; am 2014, ord
14-86, sec 6; am 2018, 18-114, sec 8.)
SUPP. 6 (7-2019) 25-82
ZONING § 25-5-92
(6) Bed and breakfast establishments, as permitted under section 25-4-7.
(7) Business services.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(9) Churches, temples, and synagogues.
(10) Commercial parking lots and garages.
(11) Community buildings, as permitted under section 25-4-11.
(12) Day care centers.
(13) Dwellings, double -family or duplex.
(14) Dwellings, multiple -family.
(15) Dwellings, single-family.
(16) Family child care homes.
(17) Financial institutions.
(18) Group living facilities.
(19) Home occupations, as permitted under section 25-4-13.
(20) Hotels.
(21) Lodges.
(22) Medical clinics.
(23) Meeting facilities.
(24) Major outdoor amusement and recreation facilities.
(25) Model homes, as permitted under section 25-4-8.
(26) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
(27) Personal services.
(28) Photography studios.
(29) Public uses and structures, as permitted under section 25-4-11.
(30) Restaurants.
(31) Retail establishments.
(32) Short-term vacation rentals.
(33) Telecommunication antennas, as permitted under section 25-4-12.
(34) Temporary real estate offices, as permitted under section 25-4-8.
(35) Theaters.
(36) Time share units.
(37) Utility substations, as permitted under section 25-4-11.
(38) Visitor information centers.
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, funeral homes, funeral services, and mortuaries.
(2) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
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§ 25-5-92 HAWAI`I COUNTY CODE
(3) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(4) Schools.
(5) 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.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2011, ord 11-26, sec 2; am 2012, ord
12-28, sec 11; am 2014, ord 14-86, sec 10; am 2018, ord 18-114, sec 9.)
Section 25-5-93. Height limit.
(a) The height limit in the V district shall be forty-five feet, except in those areas
designated in subsections (b) and (c) below.
(b) The height limit in the V district in the City of Hilo shall be one hundred twenty
feet.
(c) The height limit in the V district at Keauhou Bay and Kahaluu Bay shall be ninety
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-94. Minimum building site area.
The minimum building site in the V district shall be fifteen thousand square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-95. Minimum building site average width.
Each building site in the V district shall have a minimum average width of ninety
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-96. Minimum yards.
The minimum yards in the V district shall be as follows:
(1) Front and rear yards, twenty feet; and
(2) Side yards, eight feet for one story, and an additional two feet for each
additional story.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-97. Landscaping.
Landscaping shall be provided on a minimum of twenty percent of the total land
area of any building site in the V district, except for lots containing only one single-
family dwelling and accessory buildings. Parking areas shall not be included within the
area required for landscaping on any building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 8.)
Section 25-5-98. Other regulations.
(a) More than one main building may be situated on any building site in the V district.
(b) The distance between main buildings on one building site in the V district shall be
at least fifteen feet.
SUPP. 6 (7-2019) 25-100
ZONING § 25-5-98
(c) Plan approval shall be required for all new structures and additions to existing
structures in the V district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the V district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 9; am 2015,
ord 15-33, sec 4.)
Division 10. CN, Neighborhood Commercial Districts.
Section 25-5-100. Purpose and applicability.
The CN (neighborhood commercial) district applies to strategically located centers
suitable for commercial activities which shall be of such size and shape as will
accommodate a compact shopping center which supplies goods and services to a
residential or working population on a frequent need or convenience basis. This district
is distinguished from a central commercial district which provides general business and
broad services to a city or region.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-101. Designation of CN districts.
Each CN (neighborhood commercial) district shall be designated by the symbol
"CN" followed by a number which indicates the minimum land area, in thousands of
square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-102. Permitted uses.
(a) The following uses shall be permitted in the CN district:
(1) Adult day care homes.
(2) Automobile service stations.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(5) Business services.
(6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(7) Churches, temples and synagogues.
(8) Community buildings, as permitted under section 25-4-11.
(9) Convenience stores.
(10) Crematoriums, funeral homes, funeral services, and mortuaries.
(11) Crop production.
(12) Day care centers.
25-101
§ 25-5-102 HAWAI`I COUNTY CODE
(13) Dwellings, double -family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(14) 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.
(15) Dwellings, single-family.
(16) Family child care homes.
(17) 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.
(18) Financial institutions.
(19) Group living facilities.
(20) Home occupations, as permitted under section 25-4-13.
(21) Medical clinics.
(22) Meeting facilities.
(23) Model homes, as permitted under section 25-4-8.
(24) Museums.
(25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(26) Offices.
(27) Personal services.
(28) Photography studios.
(29) Public uses and structures, as permitted under section 25-4-11.
(30) Repair establishments, minor.
(31) Restaurants.
(32) Retail establishments.
(33) Schools.
(34) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(35) Telecommunication antennas, as permitted under section 25-4-12.
(36) Theaters.
(37) Utility substations as permitted under section 25-4-11.
(b) Buildings and uses normally considered directly accessory to the uses permitted in
this section shall also be permitted in the CN district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 12; am 2018, ord
18-114, sec 10.)
Section 25-5-103. Height limit.
The height limit in the CN district shall be forty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP. 6 (7-2019) 25-102
ZONING § 25-5-112
(15) Churches, temples and synagogues.
(16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleansing agent.
(17) Commercial parking lots and garages.
(18) Community buildings, as permitted under section 25-4-11.
(19) Convenience stores.
(20) Crematoriums, funeral homes, funeral services, and mortuaries.
(21) Crop production.
(22) Day care centers.
(23) Display rooms for products sold elsewhere.
(24) 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.
(25) 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.
(26) Dwellings, single-family.
(27) Equipment sales and rental yards, and other yards where retail products are
displayed in the open.
(28) Family child care homes.
(29) 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.
(30) Financial institutions.
(31) Group living facilities.
(32) Home occupations, as permitted under section 25-4-13.
(33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
(34) Hotels.
(35) Ice storage and dispensing facilities.
(36) Laboratories, medical and research.
(37) Laundries.
(38) Light manufacturing, processing and packaging, where the only retail sales
outlet for products produced is on the premises where produced.
(39) Medical clinics.
(40) Meeting facilities.
(41) Model homes, as permitted under section 25-4-8.
(42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(43) Offices.
25-105
§ 25-5-112 HAWAI`I COUNTY CODE
(44) Personal services.
(45) Photography studios.
(46) Public uses and structures, as permitted under section 25-4-11.
(47) Printing shops, cartographing and duplicating processes such as blueprinting
or photostating shops.
(48) Repair establishments, minor.
(49) Restaurants.
(50) Retail establishments.
(51) Schools.
(52) Short-term vacation rentals.
(53) Telecommunication antennas, as permitted under section 25-4-12.
(54) Theaters.
(55) Time share units.
(56) Utility substations, as permitted under section 25-4-11.
(57) Veterinary establishments.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the CG 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, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c) Residential uses in connection with the operation of any permitted use shall be
permitted in the CG district.
(d) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CG district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 13; am 2014, ord
14-86, sec 11; am 2018, ord 18-114, sec 11.)
Section 25-5-113. Height limit.
(a) The height limit in the CG district shall be forty-five feet, except in those areas
designated in subsection (b) below.
(b) The height limit in the City of Hilo shall be one hundred twenty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2002, ord 02-88, sec 2.)
Section 25-5-114. Minimum building site area.
The minimum building site area in the CG district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
SUPP. 6 (7-2019) 25-106
ZONING § 25-5-122
(24) Group living facilities.
(25) Home occupations, as permitted under section 25-4-13.
(26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and
other similar uses.
(27) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(28) Laboratories, medical and research.
(29) Lodges.
(30) 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.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes, as permitted under section 25-4-8.
(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 area.
(40) Repair establishments, major, when there are not more than five employees,
as approved by the director.
(41) Repair establishments, minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
(45) Short-term vacation rentals.
(46) Telecommunication antennas, as permitted under section 25-4-12.
(47) Temporary real estate offices, as permitted under section 25-4-8.
(48) Theaters.
(49) Utility substations, as permitted under section 25-4-11.
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:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
25-109 SUPP. 6 (7-2019)
§ 25-5-122 HAWAI`I COUNTY CODE
(c) Residential uses in connection with the operation of any permitted uses shall be
permitted in the CV district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall
be permitted in the CV district, as approved by the director.
(e) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CV district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 14; am 2014, ord
14-86, sec 12; am 2018, ord 18-114, sec 12.)
Section 25-5-123. Height limit.
The height limit in the CV district shall be thirty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-124. Minimum building site area.
The minimum building site area in the CV district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-125. Minimum building site average width.
Each building site in the CV district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-126. Minimum yards.
The minimum yards in the CV district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an 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.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-127. Landscaping of yards.
(a) All front yards in the CV district shall be landscaped, except for necessary access
drives and walkways, and except for the construction of one single-family dwelling
and accessory buildings per lot.
(b) Where any required side or rear yard in the CV district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, within five feet of the
property line, except for necessary drives and walkways, and except for the
construction of one single-family dwelling and accessory buildings per lot.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 14.)
SUPP. 6 (7-2019) 25-110
Para-
graph
Ord.
No.
Effective
Date
General Location
TMK of Parcel
Affected
Original
Zoning
Final
Zoning
1975 C.C.
(54)
02-45
4-2-2002
Kaloko, North Kona
7-3-24:1 and 2
A -20a
FA -5a
(55)
02-105
9-12-2002
Kaloko, North Kona
7-3-24:11
A -20a
FA -3a
(56)
02-106
9-12-2002
Pu'uanahulu Homesteads,
North Kona
7-1-05:9, 10, 22, 26,
28- 34, 39, 40, 41,
58 and 59
(Amends Ord. 01-64)
(Effective Date 7-16-01)
(57)
04-13
2-11-2004
Kaloko, North Kona
7-3-26:16
A -20a
A -10a
(58)
04-14
2-11-2004
Kaloko, North Kona
7-3-27:10
A -20a
A -10a
(59)
04-63
6-14-2004
Kaloko, North Kona
7-3-25:8
A -20a
A -5a
(60)
04-89
8-12-2004
Kaloko, North Kona
7-3-26:15
A -20a
A -10a
(61)
04-146
12-8-2004
Kaloko, North Kona
7-3-27:21
A -20a
A -10a
(62)
04-147
12-8-2004
Kaloko, North Kona
7-3-25:7
A -20a
FA -3a
(63)
05-65
5-16-2005
Kaloko, North Kona
7-3-26:11
A -20a
A -10a
(64)
05-66
5-16-2005
Kaloko, North Kona
7-3-27:7
A -20a
A -10a
(65)
05-67
5-16-2005
Kaloko, North Kona
7-3-27:6
A -20a
A -10a
(66)
06-04
1-13-2006
Kaloko, North Kona
7-3-26:14
A -20a
A -10a
(67)
06-58
5-12-2006
Kaloko, North Kona
7-3-26:13
A -20a
A -10a
North and South Kona § 25-8-2
Para-
graph
Ord.
No.
Effective
Date
General Location
TMK of Parcel
Affected
Original
Zoning
Final
Zoning
1975 C.C.
(68)
06-59
5-12-2006
Kaloko, North Kona
7-3-25:9
A -20a
A -5a
(69)
06-82
6-16-2006
Kaloko, North Kona
7-3-24:8
A -20a
FA -3a
(70)
06-110
7-27-2006
Kaloko, North Kona
7-3-048:005
A -20a
A -10a
(71)
07-46
4-4-2007
Pu'uanahulu, North Kona
7-1-5:9 and 7-1-7:44-
47
A -la
0
(72)
09-05
2-9-2009
Kaloko, North Kona
7-3-27:14
A -20a
A -10a
(73)
09-06
2-9-2009
Kaloko, North Kona
7-3-026:017
A -20a
A -10a
(74)
15-105
11-20-2015
Kaloko, North Kona
7-3-026:003
A -20a
A -7a
(75)
16-79
7-25-2016
Kuki`o 2nd and Manini`owali,
North Kona
7-2-004:027
A -5a
FA -2a
(76)
16-99
10-24-2016
Kaloko, North Kona
7-3-048:001
A -20a
A -10a
(77)
19-4
01-25-19
Kaloko, North Kona
7-3-027:007
(Amends Ord. 05-66)
(Effective Date 05-16-05)
North and South Kona § 25-8-2
Para-
graph
Ord.
No.
Effective
Date
General Location
TMK of Parcel
Affected
Original
Zoning
Final
Zoning
1975 C.C.
(240)
09-103
9-23-2009
Honokohau 2nd, North Kona
7-4-06:038
(Amends Ord. 98-8)
Effective Date 2-17-1998)
(241)
09-131
11-4-2009
Kau, North Kona
7-2-005:001
PD
MCX-20
(242)
09-132
11-4-2009
Kau, North Kona
7-2-005:001
(Amends Ord. 06-105)
Effective Date 7-17-2006)
(243)
09-159
12-30-2009
Keauhou, North Kona
7-8-010:101
A -5a
RM -30
(244)
10-02
2-1-10
Kahului 2nd, North Kona
7-5-017:042
A -5a
RS -10
(245)
10-77
9-2-10
North Kona, Hawai`i
7-4-006:022
A -5a
FA -2a
(246)
10-114
12-13-10
Kapalaalaea 2nd, North Kona
7-7-007:047
A -5a
FA -2a
(247)
11-01
1-3-11
Kaloko, North Kona
7-3-051:065
ML -la
MCX-la
(248)
11-55
6-8-11
Holualoa 1st and 2nd, North Kona
7-6-008:005 (Portion)
(Amends Ord. 03-162, that
amended Ord. 91-91)
(Effective Date 12-19-2003)
(249)
12-76
5-16-12
Holualoa 1st and 2nd (Mauka),
North Kona
7-6-004:018
A -la
RS -20
(250)
12-156
12-14-12
Kalaoa 4th, North Kona
7-3-005:030
(Amends Ord. 02-64)
(Effective Date 5-10-2002)
(251)
13-40
5-1-13
Kalaoa 4th, North Kona
7-3-028:082 - 102
(Amends Ord. 07-160, that
amended Ord. 97-56)
(Effective Date 10-19-2007)
(252)
13-101
10-16-2013
Maihi 2nd, North Kona
7-9-003:Por 033
A -5a
FA -2a
E-8-gg § uuoN tPJONI
Para-
poranh
Ord.
Nn_
Effective
llatP
General Location
TMK of Parcel
AffPntPrl
Original
7,nnince
Final
7,nnin0
1975 C.C.
(253)
15-35
3-23-2015
Holualoa, North Kona
7-6-013:017
A -la
CV -10
(254)
15-104
11-20-2015
Auhaukeae 1st, North Kona
7-5-009:067: Por 054
(Amends Ord. 05-74)
(Effective Date 5-18-2005)
(255)
15-116
12-22-2015
Kalaoa 5th, North Kona
7-3-004:012
A -20a
FA -la
(256)
16-46
5-23-2016
Kealakehe Homesteads, North Kona
7-4-004:033
(Amends Ord. 99-36
(Effective Date 3-15-1999)
(257)
16-86
8-18-2016
Puapua'a 2nd, North Kona
7-5-020:071 and 072
(Amends Ord. 04-56)
(Effective Date 5-27-2004)
(258)
18-115
12-5-18
Honokohau 1st and 2nd, North Kona
7-4-008:013 & 030
(Amends Ord. 04-110)
(Effective Date 10-12-2004)
(259)
19-12
02-20-19
Kaupulehu, North Kona
7-2-003: Por. of 1
(Amends Ord. 99-42)
(Effective Date 4-10-1999)
(260)
19-38
04-25-19
Hienaloli 4th and 5th, North Kona
7-5-010: Por. of 13
(Formerly 7-5-23:64
and 067)
(Amends: 1) Ord. 09-049, that
amended Ord. 95-118, and
Ord. 92-036 and 2) Ord.
09-050, that amended Ord.
06-138, Ord. 90-010, and
Ord. 86-049)
(Effective Date 4-25-19)
(261)
19-51
05-07-19
`O`oma, 1st, North Kona
7-3-005:112
A -5a
FA -la
(262)
19-57
05-21-19
Kalaoa 4th, North Kona
7-3-005:030
(Amends Ord. 12-156 that
Amended 02-64)
(Effective Date 12-14-12)
E-8-gg § uuoN tPJONI
Para-
graph
Ord.
No.
Effective
Date
General Location
TMK of Parcel
Affected
Original
Zoning
Final
Zoning
1975 C.C.
(39)
97-09
1-20-1997
Waimea, South Kohala
6-5-08:32
A-la
RS-15
(40)
97-24
2-27-1997
Waimea, South Kohala
6-5-07:25
A-la
RS-10
(41)
97-95
7-3-1997
Puukapu Homesteads, First Series,
Puukapu, South Kohala
6-4-01:35
A-40a
FA-3a
(42)
98-23
3-16-1998
Puukapu, Waimea, South Kohala
6-4-01:92
A-5a
CN-7.5
(43)
98-67
7-2-1998
Puukapu, Waimea, South Kohala
6-4-2:148
A-3a
FA-la
(44)
99-22
2-28-1999
Puukapu, Waimea, South Kohala
6-4-2:3
A-40a
A-5a
(45)
99-24
2-28-1999
Puukapu, Waimea, South Kohala
6-4-01:Por. of 42
A-5a
RS-10,
CV-7.5
(46)
99-114
10-8-1999
Puukapu, Waimea, South Kohala
6-4-01:124 and Por.
of 140
A-5a, RS-15
RA-.5a
(47)
99-148
12-10-1999
Puukapu, Waimea, South Kohala
6-4-1:Por. of 41
A-5a
CN-10, RS-10,
RS-20
(48)
99-152
12-10-1999
Puukapu, Waimea, South Kohala
6-4-6:85
A-5a
CV-7.5, FA-3a
(49)
00-104
9-18-2000
Lanikepu, Waimea, South Kohala
6-2-1:91
A-40a
A-5a
(50)
01-115
11-30-2001
Puukapu, South Kohala
6-4-30:15
A-40a
A-5a
(51)
02-25
2-28-2002
Ouli, Lanikepu, Lalamilo, Waikoloa and
Puukapu, Waimea, South Kohala
6-2-01:9; 6-07-01: Por.
of 25; 6-7-02: 9, 48,
and Por. of 17; and
6-8-01:Pors. of 1
and 8
(Amends Ord. 96-117)
(Effective date 9-26-96)
i i -8-gg § ndmin,nd-oJTumn
Para-
graph
Ord.
No.
Effective
Date
General Location
TMK of Parcel
Affected
Original
Zoning
Final
Zoning
1975 C.C.
(52)
02-98
8-28-2002
Puukapu, Waimea, South Kohala
6-4-24:22
(Amends Ord. 94-56)
(Effective date 5-18-94)
(53)
02-99
8-28-2002
Puukapu, Waimea, South Kohala
6-4-24:23
A-5a
CN-10
(54)
02-107
9-12-2002
Puukapu, Waimea, South Kohala
6-4-24:Por. of 27
(Amends Ord. 93-65)
(Effective date 6-22-93)
(55)
05-169
12-27-2005
Waimea, South Kohala
6-4-17:40
A-40a
A-5a
(56)
07-112
9-11-2007
Waimea, South Kohala
6-5-001:020
A-40a, A-la
A-400a
(57)
07-181
12-26-07
Waikoloa, Waimea
6-7-002:020 and
Por. of 051
A-40a, ML-20
CV-7.5
(58)
11-73
9-1-2011
Pu'ukapu, Waimea, South Kohala
6-4-017:042
A-40a
A-5a
(59)
13-11
2-13-2013
Pu'ukapu Homesteads, 1st series,
Pu'ukapu, South Kohala
6-4-001:099
A-40a
RA-.5a
(60)
13-102
10-16-2013
Puukapu Homesteads, 2nd series,
South Kohala
6-4-018:087
A-5a
FA-2a
(61)
15-37
4-24-2015
Waimea Homesteads, South Kohala
6-5-011:030
A-la
RS-20
(62)
16-82
8-18-2016
Pu'ukapu Homesteads, 2nd series,
South Kohala
6-4-017:023, 064-067
and 078 (formerly
6-4-017:023)
(Amends Ord. 889)
(Effective date 6-21-83)
(63)
17-50
7-18-2017
Pu'ukapu, Waimea, South Kohala
6-4-001:152
A-5a
FA-2a
(64)
18-01
1-4-2018
Waimea Homesteads, South Kohala
6-5-004:049
A-la
RS-20
(65)
19-67
06-04-19
Pu'ukapu Homesteads 2nd series,
Waimea, South Kohala
6-4-017:043
A-40a
A-5a
i i -8-gg § ndmin,nd-oJTumn
Para-
graph
Ord.
No.
Effective
Date
General Location
TMK of Parcel
Affected
Original
Zoning
Final
Zoning
1975 C.C.
(397)
15-50
6-12-15
Kukdau 1st, South Hilo
2-4-082:001-56,
58-61
(Amends Ord. No. 08-115)
(Effective date 9-10-08)
(398)
15-96
11-10-15
Waiakea, South Hilo
2-2-048:093,
portion of 13
(Amends Ord. 08-72)
(Effective date 5-20-08)
(399)
15-106
11-20-15
KanmanaHomesteads, South Hilo
2-5-003:024
A -20a
FA -3a
(400)
15-117
12-22-15
Waiakea, South Hilo
2-2-024:008
(Amends Ord. No. 94-6)
(Effective date 1-26-94)
(401)
15-118
12-22-15
Waiakea House Lots, South Hilo
2-2-034:083
RS -10
CN -20
(402)
16-10
2-22-16
Pana`ewa House Lots, 2nd Series, South
Hilo
2-2-056:002
A -3a
RA -.5a
(403)
16-16
3-16-16
Pana`ewa House Lots, 2nd Series, South
Hilo
2-2-052:027
A -3a
RA -la
(404)
16-34
5-4-16
Pana`ewa House Lots, Waiakea
South Hilo, Hawai`i
2-2-051:003
A -3a
RA -la
(405)
16-45
5-23-16
Waiakea, South Hilo
2-2-040:121
(Amends Ord. 10-110)
(Effective date 11-24-10)
(406)
16-49
5-23-16
Waiakea House Lots, South Hilo
2-2-035:060
RS -10
MCX-20
(407)
16-50
5-23-16
Ponahawai, South Hilo
2-5-040:042
FA -2a
FA -la
(408)
16-84
8-18-16
Waiakea Homesteads 2nd, South Hilo
2-4-034:044
A -3a
FA -la
(409)
16-85
8-18-16
Waiakea House Lots, South Hilo
2-2-034:066, 078,
and 079
(Amends Ord 06-114)
(Effective date 8-8-06)
88-8-gg § °i?H J°'T?C
Para-
graph
Ord.
No.
Effective
Date
General Location
TMK of Parcel
Affected
Original
Zoning
Final
Zoning
1975 C.C.
(410)
16-87
8-18-16
Waiakea House Lots 1st, South Hilo
2-2-027:038, 039,
and 058
RS -10
CN -10
(411)
17-7
1-20-17
Waiakea, South Hilo
2-2-040:004
RS -10
CN -10
(412)
17-8
1-20-17
Waiakea Homesteads House Lots,
South Hilo
2-2-040:108
RS -10
CN -10
(413)
17-9
1-20-17
Ponahawai, South Hilo
2-5-047:031
A -20a
FA -2a
(414)
17-14
2-17-17
Waiakea, South Hilo
2-2-025:012
RS -10
CG -10
(415)
17-24
04-20-17
Waiakea, South Hilo
2-2-044:003, 031,
032, 035, and 037
(Amends Ord. 12-111)
(Effective Date 8-10-12)
(416)
17-70
11-01-17
Waiakea, South Hilo
2-2-036:090
(Amends Ord. 07-136)
(Effective Date 10-10-07)
(417)
17-74
11-29-17
Waiakea, South Hilo
2-2-050:014
(Amends Ord. 03-108)
(Effective Date 7-9-03)
(418)
18-31
04-24-18
Waiakea Homesteads, South Hilo
2-4-010:028
RS -15
RS -10
(419)
18-75
07-03-18
Kaumana and Ponahawai, South Hilo
2-5-047:033 and
2-5-047:034
A -20a
A -6a
(420)
18-96
10-01-18
Waiakea, South Hilo
2-3-037:015
(Amends Ord. 07-166)
(Effective Date 11-02-07)
(421)
18-97
10-01-18
Waiakea, South Hilo
2-2-036:025 and 026
(Amends Ord. 08-20)
(Effective Date 03-10-08)
(422)
19-1
01-07-19
Waiakea, South Hilo
2-2-028:030, 032 and
033
(Amends Ord. 06-47)
(Effective Date 04-12-06)
(423)
19-16
02-20-19
Waiakea Homesteads 2nd, South Hilo
2-4-039:026
A -3a
RS -15
88-8-gg § °i?H J°'T?C
Para-
graph
Ord.
No.
Effective
Date
General Location
TMK of Parcel
Affected
Original
Zoning
Final
Zoning
1975 C.C.
(424)
19-17
02-20-19
Waiakea, South Hilo
2-4-057:029: Por. 030
& Por. 031
(Formerly 2-4-
057:001)
(Amends Ord. 07-26)
(Effective Date 3-20-07)
(425)
19-26
03-25-19
Waiakea, South Hilo
2-2-023:012
(Amends Ord. 97-13)
(Effective Date 2-20-97)
(426)
19-27
03-25-19
Waiakea Homesteads 1st Series, Waiakea
South Hilo
2-4-021:059
(RS -15)
(RS -10)
(427)
19-28
03-25-19
Waiakea House Lots, Waiakea
South Hilo
2-2-034:086
(RS -10)
(CN -20)
(428)
19-34
04-08-19
Waiakea House Lots 2nd Series, Waiakea
South Hilo
2-2-024:003
(RS -10)
(CG -20)
(429)
19-39
04-25-19
Waiakea, South Hilo
2-2-034:012
(Amends Ord. 06-107)
(Effective Date 7-17-06)
(430)
19-58
05-21-19
Ponahawai, South Hilo
2-3-037:001,
2-3-044:019, and
2-3-049:053
(Amends Ord. 10-64)
(Effective Date 6-18-10)
88-8-gg § °i?H J°'T?C
This page intentionally left blank.
25A-128
THE HAWAII COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 6 (7-2019)
Contains ordinances effective through: 06-30-19
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAII
STATE OF HAWAII
Office of the County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
(808) 961-8255
Volume Three
Provide land in perpetuity 8-2
Provisional tax increment district 33-2
Provocation 4-1
Public access 34-3
Public dance house or hall 6-8
Public highway(s) 18-1, 20-31, 34-3
Public holiday 24-3
Public improvements 33-2
Public mountain area 34-3
Public place 1-4, 13-8, 14-74, 20-1
Public property 20-31
Public recreation 19-80
Public sewer 21-2
Public shoreline area 34-3
Public street 34-3
Public thoroughfare 24-176
Public use, public building and public
structure 25-1-5
Public works 33-2
Publication 35-60
Publication dispenser permits 22-3.1
Publication dispensing device 35-60
Publication dispensing rack enclosure 35-60
Publication dispensing rack insert 35-60
Publication dispensing rack space 35-60
Publication dispensing rack space permits
22-1.2
Publisher 35-60
Puppy 15-78
Pyrotechnic composition or pyrotechnic
contents 26-2-2
Qualified business 31-2
Qualified households 11-3
Radioactive material or substance 14-45
Range 9-40
Reachable 25-1-5
Real property 2-110, 19-2
Reallocation 35-60
Rear lot line 25-1-5
Rear yard 25-1-5
Reasonable assumptions 25-2-46
Recombinant DNA 14-91
Reconstructed vehicle 24-3
Recoverable expenses 2-167
Recreational activity 34-3
Recreational area 15-3
Recreational facilities 15-66
Recreational vehicle 27-12
Recycling 20-50
Recycling center 25-1-5
Red flag warning 26-2-2
DEFINITIONS
Redistribution 26-2-2
Redistricting 36-1
Redistricting cycle 36-1
Refuse 20-20, 20-31
Region 36-1
Register 14-129
Registration 14-129
Regulatory floodway 27-12
Release 14-91
Remnant 2-110
Removable windshield placard 24-242
Rentable unit 25-1-5
Repair establishment, major 25-1-5
Repair establishment, minor 25-1-5
Repetitive loss structure 27-12
Rescue operation 2-167
Reserve strip 23-3
Residence 14-113
Resident population 8-2
Residential 19-53
Residential district 3-3, 24-3
Responsible department 12-1
Responsible director or manager 12-1
Resort area 25-1-5
Resort subdivision 23-3
Restaurant 14-20, 25-1-5
Retail establishment 25-1-5
Retail tobacco store 14-20
Reusable bag 14-116
Reversed corner lot 23-3
Reversed frontage lot 23-3
Rider 18-94
Right-of-way 23-3, 24-3
Riverine 27-12
Road taxi stand 18-31
Road tractor 24-3
Roadway 22-1.2, 23-3, 24-3
Roof area 5-84
Roof sign 3-3
Rubbish 20-31
Safety glass 18-1
Safety zone 24-3
Sand dunes 27-12
Sanitary engineer 23-3
Sanitary sewer 21-2
School 25-1-5
School bus 18-56, 24-3
School bus operator 18-56
Sedimentation 10-1
Self-directed revocable living trust 21-38
Self -storage facility 25-1-5
I-29 SUPP. 6 (7-2019)
DEFINITIONS
Semi -trailer 24-3
Senior citizen 18-1
Separation 5-83
Serious injury 4-1
Service bureau 2-121
Service business or calling 31-2
Service road 23-3
Setback 5-83
Sewage 21-2
Sewage treatment plant 21-2
Sewage works, sewer system, or sewer 21-2
Sewer system improvement district 12-1
Shall 1-4
Shared -use or multi -use park 15-78
Shared -ride taxi 18-31
Sheet flow area 27-12
Shell, cartridge, or bomb 14-7
Shipper 26-2-2
Shoreline 34-3
Short-term vacation rental 25-1-5
Side yard 25-1-5
Sidewalk 1-4, 22-1.2, 23-3, 24-3, 35-60
Sidewalk use permits 22-3.1
Sign 3-3
Single-family dwelling 19-2, 25-1-5
Siren 24-3
Site 5-79
Smoke or smoking 14-20
Socioeconomic group 36-1
Soil and water conservation districts 10-1
Solar water heater 19-2
Soliciting 14-74
Solid tire 24-3
Space 35-60
Special duty 2-171
Special flood hazard area 17-52, 27-12
Special hazard vehicle 24-3
Special improvement, improvement, the
making of a special improvement, make any
special improvement 12-1
Special improvements 32-16
Special interest areas 15-66
Special license plates 24-242
Special mobile equipment 24-3
Specially constructed vehicle 24-3
Speed hump 22-1.2
Speed limit 24-3
Stand or standing 24-3
Standard of fairness principles 36-1
Start of construction 27-12
State 1-4, 2-225, 27-12
SUPP. 6 (7-2019) I-30
State Fire Code 26-2-2
Statutes 1-4
Sterilized dog 4-1
Stockpiling 10-1
Stop 24-3
Stop or stopping 24-3
Store 26-2-2
Stray 4-1
Street 1-4, 3-3, 14-80, 22-1.2, 23-3, 24-3,
25-1-5
Street frontage 25-1-5
Street plug 23-3
Structural observation 5-71
Structure 25-1-5, 27-12
Structures 15-66
Student 18-1
Subdivided land 23-3
Subdivider 8-2, 23-3
Subdivision 8-2, 21-2, 34-3
Substantial damage 27-12
Substantial improvement 27-12
Supervising electrician 9-5
Supervising specialty electrician 9-5
Supplemental improvements 35-1
Supplemental services and improvement area
35-1
Supplemental services and improvements
35-1
Surveyor 23-3, 25-1-5
Suspended solids 21-2
Swill 20-31
Targeted area 33-2
Tax increment 33-2
Tax increment bonds 33-2
Tax increment district 33-2
Tax increment financing plan 33-2
Tax increment fund 33-2
Taxi or taxicab 18-1
Taxicab 18-31, 24-3
Taxicab company 18-31
Taxicab driver 18-31
Telecommunications antenna 25-1-5
Television production 26-2-2
Temporary fireworks storage building or
structure 26-2-2
Temporary painted window sign 3-3
Temporary removable windshield placard
24-242
Temporary sign 3-3
Tenant 1-4
ROLLERSKATES
Skating and skateboards in parks or
recreational areas 15-31
See: PARKS AND RECREATION
Use on roadways 24-4
See: TRAFFIC
SABOTAGE
Civil defense disasters, etc. 7-1 et seq.
See: CIVIL DEFENSE
SAFETY COORDINATOR
Periodic inspection of motor vehicles 24-24
Inspection of vehicles, generally. See:
TRAFFIC
SAFETY GLASS
Required on common carriers 18-2
SALARIES
Compensation of personnel. See: OFFICERS
AND EMPLOYEES
SALOONS AND BARS
Alcoholic beverages 14-1 et seq.
See: ALCOHOLIC BEVERAGES
SALVAGE
Salvaging refuse at dump, etc. 20-42
SAMPAN BUSES
Common carrier regulations 18-1 et seq.
See: PUBLIC TRANSPORTATION
(Common Carriers)
SAND, EARTH, ETC.
Removal of beach composition from certain
parks 15-6
Sewer wastes prohibited 21-9
Other sewer regulations. See: WATER
AND SEWERS
SANITARY SEWERS
Special assessments for improvements 12-1
et seq.
See: PUBLIC WORKS AND
IMPROVEMENTS
I-83
ROLLERSKATES
SANITATION
See: HEALTH AND SANITATION
SATURDAYS
Real property tax due date falling on 19-20
SCENIC CORRIDOR PROGRAM
Established 25-6-60 et seq.
SCHOOL BUSES
Signal lamps 24-69
Other traffic regulations for school buses.
See: TRAFFIC
SCHOOL YARDS
Public place defined re 1-4(a)(28)
SCHOOL ZONES
Speed law violations 24-147 et seq.
See: TRAFFIC
SCHOOLS
Intoxicating liquor prohibitions re public
places 14-1
See: ALCOHOLIC BEVERAGES
Nonprofit organizations, appropriations to
2-136 et seq.
See: FINANCES
Real property tax exemptions 19-77
See: REAL PROPERTY TAXES
Student transportation
Common carrier regulations 18-1 et seq.
See: PUBLIC TRANSPORTATION
(Common carriers)
SCIENTIFIC INSTITUTIONS
Nonprofit organizations, appropriations to
2-136 et seq.
See: FINANCES
SEA SHELLS, BERRIES, DRIFTWOOD,
ETC.
Collecting in recreational areas 15-28(a)(3)
SEAL
See: COUNTY SEAL
SEARCH AND SEIZURE
Seizure of dogs 4-20 et seq.
Other provisions re. See: ANIMALS AND
FOWL
SEARCH LIGHTS
SEARCH LIGHTS
Outdoor lighting 14-50 et seq.
See: OUTDOOR LIGHTING
SECURITY
Neighborhood watch signs 14-66 et seq.
See: NEIGHBORHOOD WATCH SIGNS
SECURITY LIGHTS
Outdoor lighting 14-50 et seq.
See: OUTDOOR LIGHTING
SEDIMENTATION CONTROL
See: EROSION AND SEDIMENTATION
CONTROLSELF-INSURANCE
Creation of self-insurance fund 2-156
SENIOR CITIZENS
See: COMMITTEE ON AGING
SERVICE STATIONS
Vehicles cutting corners 24-172
SERVICES DIVISION
Department of public works divisions 2-41
See: DEPARTMENT OF PUBLIC
WORKS
SETBACKS
Signs projecting beyond property line 3-31
Special building setback lines in subdivisions
23-24
See: SUBDIVISIONS
Zoning regulations. See: ZONING
SEWERS
See: WATER AND SEWERS
SHAVINGS, METAL, GLASS
Sewer wastes prohibited 21-9
Other sewer regulations. See: WATER
AND SEWERS
SHELLS, CARTRIDGES, ETC.
Explosives, etc., regulated 14-7 et seq.
See: FIREARMS, WEAPONS AND
EXPLOSIVES
SHELTER
Crop shelter tax exemptions 19-79
See: REAL PROPERTY TAXES
SHORELINE ACCESS
Public access code 34-1 et seq.
See: PUBLIC ACCESS CODE
SUPP. 6 (7-2019) I-84
SHORELINE SETBACKS
Zoning regulations. See: ZONING
SHORT-TERM VACATION RENTALS
Nonconforming use certificate 24-4-16.1
Requirements 25-4-16
SHOT GUNS
Weapons regulations 14-7 et seq.
See: FIREARMS, WEAPONS AND
EXPLOSIVES
SHRUBBERY
See: TREES AND SHRUBBERY
SIDEWALK DISPLAYS
Impeding, obstructing or endangering the
public, etc. 22-2.4
Commercial use of streets 22-2.5
Signs, advertising 22-2.6
SIDEWALKS
See: STREETS AND SIDEWALKS
SIGHT IMPAIRED PERSONS
See: HANDICAPPED PERSONS
Real property tax exemptions 19-75
See: REAL PROPERTY TAXES
SIGHT-SEEING BUSES
Common carrier regulations 18-1 et seq.
See: PUBLIC TRANSPORTATION
(Common Carriers)
SIGNS REGULATIONS
Enforcement and penalties 3-37 to 3-40
Kailua Village, signs within 3-49 to 3-62
Kailua Village design commission 3-53 to
3-54, 3-57
Kailua Village special design district 3-49
Pahoa Village, Signs within
Exempt Signs 3-94
Pahoa Village design commission or
committee review 3-83 to 3-87
Pahoa Village special design district
3-79, 3-80
Permits 3-18, 3-81 to 3-85
Permissible Signs
Number of Signs 3-92
Sign area/size and lettering size 3-90
Sign elevation 3-91
UNIVERSITIES
Real property tax exemptions 19-77
See: REAL PROPERTY TAXES
URANIUM
Nuclear energy 14-44 et seq.
See: NUCLEAR ENERGY
URBAN DISTRICTS
Real property tax exemption for dedicated
lands 19-80
See: REAL PROPERTY TAXES
URBAN ZONES
Zoning regulations. See: ZONING
URINATING
Park area restrictions 15-30(g)
UTILITIES
Electrical installations generally 9-1 et seq.
See: ELECTRICITY
Electrical permit required, etc. 9-26
See: ELECTRICITY
Flood control areas 27-1 et seq.
See: FLOODPLAIN MANAGEMENT
Outdoor lighting 14-50 et seq.
See: OUTDOOR LIGHTING
Plumbing and plumbing code 17-1 et seq.
See: PLUMBING CODE (Generally)
Real property tax exemption for alternate
energy improvements 19-82
See: REAL PROPERTY TAXES
Sewers 21-1 et seq.
See: PUBLIC WORKS AND
IMPROVEMENTS
Subdivision utility requirements 23-54
See: SUBDIVISIONS
Utility substations
Zoning regulations. See: ZONING
Water, sewer and other utilities
Permit required 23-9
See also: WATER AND SEWERS
Zoning regulations. See: ZONING
VACANT LOTS
Clearing occupied and unoccupied lots of
refuse, weeds, etc. 20-20 et seq.
See: GARBAGE AND TRASH
UNIVERSITIES
VACATION RENTALS
See: SHORT-TERM VACATION
RENTALS
VANDALISM
Prohibited activities in recreational areas
15-28
Property damage prohibited, penalty 14-40.1
VARIANCES
Electrical code, re 9-17
Flood control variances 27-27 et seq.
See: FLOODPLAIN MANAGEMENT
Plumbing code variances and appeals 17-41
et seq.
See: PLUMBING CODE (Generally)
Sign variances 3-22, 3-56
Subdivision variances 23-14 et seq.
Zoning regulations. See: ZONING
VEGETABLE OR FOOD STORE
Animal prohibitions, places prohibited 4-18
Animals in general. See: ANIMALS AND
FOWL
VEGETABLE, FRUITS, ETC.
Prohibited activities in recreational areas
15-28
VEGETATION
Trees. See: TREES AND SHRUBBERY
VEHICLES
See: MOTOR VEHICLES AND OTHER
VEHICLES
Automotive equipment 2-41
See: AUTOMOTIVE EQUIPMENT
VEHICLES FOR HIRE
Common carriers 18-1 et seq.
See: PUBLIC TRANSPORTATION
(Common Carriers)
Pedicabs 24-186.2 et seq.
See: TRAFFIC
Smoking regulations 14-20 et seq.
See: SMOKING
Taxicabs 18-31 et seq.
See: PUBLIC TRANSPORTATION
(Taxicabs)
Travel and other allowable expenses for
personnel 2-92
See: FINANCES
I-111 SUPP. 6 (7-2019)
VEHICULAR TRAFFIC
VEHICULAR TRAFFIC
See: TRAFFIC
VENDORS
See: PEDDLERS, CANVASSERS AND
SOLICITORS
VENDOR'S LICENSES
Firearms and explosives 14-13
See: FIREARMS, WEAPONS AND
EXPLOSIVES
VENTILATION
International Energy Conservation Code
5-84
See: BUILDINGS
VESSELS
Park and recreational area restrictions, etc.
15-8 et seq.
See: PARKS AND RECREATION
VETERANS ADVISORY COMMITTEE
Meetings 15-63
Membership 15-62
Powers and duties 15-64
Organization 15-61
Tenure 15-62
VETERINARIANS
Dog licenses, etc. 4-12 et seq.
See: ANIMALS AND FOWL
VICIOUS ANIMALS
Dangerous, attacking dogs, etc., may be slain
4-28
VICIOUS DOGS
See: ANIMALS AND FOWL
VICTIMS OF CRIMES
Nonprofit organizations, appropriations to
2-136 et seq.
See: FINANCES
VIOLATIONS
Fines. See specific offenses.
See also: FINES, FORFEITURES AND
PENALTIES
I-112
VIOLENCE
Disorderly conduct in park areas 15-9
VOLCANIC ERUPTION
Civil defense disasters, etc. 7-1 et seq.
See: CIVIL, MILITARY OR NATURAL
DISASTERS
Geothermal relocation program 2-177 et seq.
See: GEOTHERMAL RELOCATION
PROGRAM
Remission of taxes in certain disasters 19-36
VOLUNTEER FIRE DEPARTMENT
Generally 2-16 et seq.
See: FIRE DEPARTMENT
VOLUNTEER POLICE
See: POLICE DEPARTMENT
VOTER REGISTRATION
Generally 2-121 et seq.
See: ELECTIONS
WAGES
Compensation of personnel. See: OFFICERS
AND EMPLOYEES
WAIAKEA-MAKAI
Bus terminal location 18-22
WAIAKEA UKA PARK AND GYM
Intoxicating liquor allowed certain hours
14-2.1
See: ALCOHOLIC BEVERAGES
WAIMEA PARK
Areas requiring intoxicating liquor permits
14-2
See: ALCOHOLIC BEVERAGES
WAIPIO LOOKOUT
Intoxicating liquor prohibitions re public
places 14-1
See: ALCOHOLIC BEVERAGES
WALKWAYS
Outdoor lighting 14-50 et seq.
See: OUTDOOR LIGHTING
Street encroachments 22-2.1 et seq.
See: STREETS AND SIDEWALKS
Vacant lots, clearing of weeds, etc. 20-20 et
seq.
See: GARBAGE AND TRASH
WELFARE
See: GENERAL WELFARE
Nonprofit organizations, appropriations to
2-136 et seq.
See: FINANCES
WHISTLES
Prohibited devices on vehicles 24-113
See: TRAFFIC
WILD ANIMALS
State law references re 4-32
Animals in general. See: ANIMALS AND
FOWL
WIND STORMS
Civil defense disasters, etc. 7-1 et seq.
See: CIVIL, MILITARY AND NATURAL
DISASTERS
Sign support and wind resistance 3-26
WIND, WINDMILLS, ETC.
Alternate energy improvements tax
exemptions 19-82
See: REAL PROPERTY TAXES
Real property tax exemption for alternate
energy improvements 19-82
See: REAL PROPERTY TAXES
WINDOWS
Signs, etc., obstructing 3-29
WINE
Alcoholic beverages 14-1 et seq.
See: ALCOHOLIC BEVERAGES
WITNESSES
Subpoenas 2-4
Process of county in general.
See: WRITS, WARRANTS AND OTHER
PROCESSES
WOOD, PAUNCH MANURE
Sewer wastes prohibited 21-9
WEEDS AND BRUSH
Other sewer regulations. See: WATER
AND SEWERS
WORD PROCESSING
Fee schedule of copies of public records 2-104
WORKFORCE INVESTMENT ACT OF 1998
Defined 1-4
WORKFORCE INVESTMENT ACT
PROGRAM
County powers, duties 2-191
Established 2-189
Fund
Established 2-193
Expenditures from fund 2-195
Funding 2-194
Impairment of Federal funds 2-196
Termination of fund 2-197
Purpose 2-190
Workforce Investment Board
Established, appointment, powers, duties
2-192
WORTHLESS CHECKS
Service charge assessed 2-134
Financial procedures of county in general.
See: FINANCES
WRECKED OR DAMAGED VEHICLES
Removing of debris from highway 24-156
WRITS, WARRANTS AND OTHER
PROCESSES
Hearings and subpoenas relative to real
property tax 19-5
See: REAL PROPERTY TAXES
Injunctions re violations of provisions
See specific offenses
Issuance of warrants relative to finances
2-11
Finances in general. See: FINANCES
Subpoenas, generally 2-4
Summons or citations, arrests, etc.
Fire code investigations, etc. 26-1-4
Tax liens, foreclosure 19-37 et seq.
See: REAL PROPERTY TAXES
Traffic citations and penalties 24-15 et seq.
Traffic violations in general.
See: TRAFFIC
I-115 SUPP. 1 (1-2017)
XEROX
XEROX
Fee schedule of copies of public records 2-104
X-RAYS
Radio interference 14-42
See: RADIO INTERFERENCE
YARDS AND OPEN SPACES
Zoning regulations. See: ZONING
YEAR
Tax year 19-47
See: REAL PROPERTY TAXES
YIELD SIGNS
Generally 24-137
Traffic devices in general. See: TRAFFIC
ZONING
A, agricultural districts
Building site
Area, minimum 25-5-74
Width, minimum 25-5-75
Designation 25-5-71
Height limit 25-5-73
Permitted uses 25-5-72
Purpose, applicability 25-5-70
Regulations, additional 25-5-77
Yards 25-5-76
Agricultural tourism
Plan approval 25-2-71
Requirements 25-4-15
Amendments
Applicability 25-2-10
Initiation
By council, director 25-2-43
Generally 25-2-41
By property owner 25-2-42
Permitted when 25-2-40
Zone changes
Conditions 25-2-44
Nonsignificant 25-2-45
Annexations, public records fee schedule
2-104
APD, agricultural project districts
SUPP. 6 (7-2019) I-116
Amendments 25-6-59.1
Application 25-6-54
Signs for public notification 25-6-54
Conditions 25-6-55
Density 25-6-53
Establishing, criteria 25-6-51
Land area required 25-6-52
Permitted uses 25-6-53
Purpose, applicability 25-6-50
Site plan
Appeals 25-6-59.2
Approval, issuance 25-6-59
Conformity with required 25-6-58
Criteria, conditions 25-6-57
Review, approval 25-6-56
Appeals
Costs of hearing 25-2-22
Further right 25-2-25
Permit conditions, performance time
25-2-21
Permitted when, procedure 25-2-20
Review, standard 25-2-23
Rules, adoption 25-2-24
Applications
Denial, waiting period 25-2-6
Including lesser actions, concurrent
25-2-9
Notice to property owner, lessee 25-2-4
Review, acceptance 25-2-3
Variances. See herein: Variances
Approvals. See also herein: Plan Approval
District changes, effect 25-2-8
Expiration 25-2-7
Privileges run with the land 25-2-10
Basements, underground structures 25-4-21
Bed and breakfast establishment
Requirements 25-4-7
Buildings, construction
Existing buildings 25-4-1
Height requirements. See herein: Height
Requirements
For human occupancy, conditions 25-4-2
Site area, width
Delinquent tax sale, effect 25-4-33
Minimum designated 25-4-31
Reduction 25-4-32
Utilities, waiver of minimum 25-4-34
CDH, downtown Hilo commercial district
Building site
Area, minimum 25-7-24
RM multiple family residential districts
Building site
Area, minimum 25-5-34
Width, minimum 25-5-35
Designation, density 25-5-31
Height limit 25-5-33
Landscaping 25-5-37
Permitted uses 25-5-32
Purpose, applicability 25-5-30
Regulations, additional 25-5-38
Yards 25-5-36
RS, single family residential districts
Building site
Area, minimum 25-5-5
Width, minimum 25-5-6
Designation 25-5-2
Height limit 25-5-4
Permitted uses 25-5-3
Purpose, applicability 25-5-1
Regulations, additional 25-5-8
Yards 25-5-7
Rules, adoption 25-1-4
Scenic corridor program 25-6-60 et seq.
Scope, purpose of provisions 25-1-2
Short-term vacation rentals
Nonconforming use certificate 25-4-16.1
Requirements 25-4-16
Signs. See: SIGN REGULATIONS
Signs, notification of proposed development
Agricultural project district application
25-6-54
C.P.D. permit application 25-6-22
Change of zone application 25-2-42
Project district application 25-6-44
Proposed development 25-2-12
P.U.D. application 25-6-4
Use permit application 25-2-63
Variance application 25-2-53
Severability of provisions 25-1-3
South Hilo district zone map 25-8-32
South Kona district zone map 25-8-4
Street frontage 25-4-30
Street use 25-4-6
Telecommunication antennas
Plan approval 25-2-74
Requirements 25-4-12
Title of provisions 25-1-1
UNV, university district
Building site
Area, minimum 25-7-34
ZONING
Width, minimum 25-7-35
Designation 25-7-31
Height limit 25-7-33
Permitted uses 25-7-32
Purpose, applicability 25-7-30
Regulations, additional 25-7-37
Yards 25-7-36
Upolu Point-Kaauhuhu homesteads zone
map 25-8-8
Use permits
Appeals 25-2-66
Application
Requirements 25-2-62
Signs for public notification 25-2-63
Approval, denial 25-2-64
Criteria for granting 25-2-65
Procedure 25-2-63
PUD permit, issued under 25-6-12
Purpose 25-2-60
Required when 25-2-61
Revocation 25-2-67
Utility substations 25-4-11
Variances
Appeals 25-2-58
Application
Notices 25-2-53
Signs for public notification 25-2-53
Approval, denial 25-2-54
Grounds 25-2-51
Permitted when 25-2-50
PUD permit, issued under 25-6-12
Violations. See herein: Enforcement
Volcano -Mt. View zone map 25-8-23
V, resort -hotel districts
Building site
Area, minimum 25-5-94
Width, minimum 25-5-95
Designation, density 25-5-91
Height limit 25-5-93
Landscaping 25-5-97
Permitted uses 25-5-92
Purpose, applicability 25-5-90
Regulations, additional 25-5-98
Yards 25-5-96
Waikoloa Village zone map 25-8-14
Waiohinu zone map 25-8-31
Yards, open space
Corner building sites 25-4-42
Fences, accessory structures 25-4-43
Generally 25-4-40
I-121 SUPP. 6 (7-2019)
ZONING ANNEXES
Main buildings, minimum distance
25-4-47
Projections
Generally 25-4-44
Pools 25-4-46
Porte-cocheres 25-4-45
Triangular, irregular building sites
25-4-41
Zone changes
Conditions 25-2-44
Nonsignificant 25-2-45
Signs for public notification 25-2-42
ZONING ANNEXES
Fee schedule for copies of
public records 2-104
I-122
LEGISLATIVE HISTORY TABLE
Ordinances are listed by the Code chapter affected.
Abbreviations:
A = Amended or repealed section(s) of the chapter, or added new section(s)
R = Repealed and replaced chapter in its entirety
C = Created new chapter
X = Repealed the chapter
CHAPTER
NO.
CHAPTER
TITLE
2015
2016
2017
2018
2019
2020
2021
1
General
Provisions
2
Administration
15-65A,
15-95A,
15-97A,
15-103A
17-42A
18-25A,
18-34A,
18-74A
19-29A
3
Signs
15-46A
4
Animals
5
Building
17-56A
6
Businesses
7
Civil Defense
8
Dedication of
Land
9
Electricity
CHAPTER
NO.
CHAPTER
TITLE
2015
2016
2017
2018
2019
2020
2021
10
Erosion and
Sedimentation
Control
11
Housing
12
Improvements
by Assessments
13
Minors
14
General Welfare
15-11A,
15-51A,
15-70A
16-75A,
16-107A,
16-114A
17-55A
18-61A
19-43A
15
Parks and
Recreation
15-52A,
15-60A
16-111A,
16-112A,
16-113A
17-54A,
17-57A,
17-61A
18-2A,
18-20A,
18-21A,
18-22A,
18-44A,
18-56A,
18-61A,
18-83A
19-3A,
19-43A
16
Planning
16-77A
17-66A
18-78A
17
Plumbing
18
Public
Transportation
16-95A,
16-108A
19
Real Property
Taxes
17-41A
20
Refuse
15-114A
17-63A
18-5A,
18-82A
21
Sewers
19-21A
CHAPTER
NO.
CHAPTER
TITLE
2015
2016
2017
2018
2019
2020
2021
22
County Streets
23
Subdivisions
15-19A
18-12A
24
Vehicles and
Traffic
15-3A,
16-1A,
17-10A,
18-4A,
19-41A,
15-4A,
16-6A,
17-11A,
18-19A,
19-42A
15-5A,
16-25A,
17-27A,
18-37A,
15-6A,
16-51A,
17-28A,
18-38A,
15-7A,
16-52A,
17-51A,
18-39A,
15-8A,
16-53A,
17-52A,
18-45A,
15-14A,
16-63A,
17-60A
18-92A
15-20A,
16-64A,
24
Traffic
Schedules
15-21A,
15-22A,
16-74A,
16-78A,
15-28A,
16-83A,
15-89A,
16-104A
15-90A,
15-91A,
15-92A,
15-107A,
15-108A,
15-112A
CHAPTER
NO.
CHAPTER
TITLE
2015
2016
2017
2018
2019
2020
2021
15-33A,
16-98A
17-31A
18-114A
25
Zoning
15-44A,
15-45A
15-1A,
16-10A,
17-6A,
18-1A,
19-1A,
15-2A,
16-16A,
17-7A,
18-31A,
19-4A,
15-34A,
16-18A,
17-8A,
18-75A,
19-12A,
15-35A,
16-34A,
17-9A,
18-95A,
19-16A,
15-37A,
16-45A,
17-14A,
18-96A,
19-17A,
15-41A,
16-46A,
17-16A,
18-97A
19-26A,
15-50A,
16-48A,
17-24A,
19-27A,
15-72A,
16-49A,
17-32A,
19-28A,
25
Zoning Annex
15-96A,
15-104A,
16-50A,
16-79A,
17-50A,
17-65A,
19-34A,
19-38A,
15-105A,
16-80A,
17-70A,
19-39A,
15-106A,
16-81A,
17-74A
19-51A,
15-116A,
16-82A,
19-57A,
15-117A,
16-84A,
19-58A,
15-118A
16-85A,
19-67A
16-86A,
16-87A,
16-99A
26
Fire
16-107A
18-15A
27
Flood Control
17-56A
18-25A
ORD.
NO.
EFFECTIVE
DATE
DESCRIPTION
CODE
SECTION
18-112
11-20-18
Operating budget
--
18-113
11-20-18
Operating budget
--
18-114
04-01-19
Short -Term Vacation Rentals
25-1-5, 25-2-30,
25-4-16, 25-4-16.1
to 25-4-16.3, 25-5-
3, 25-5-22, 25-5-
32, 25-5-42, 25-5-
92, 25-5-102, 25-
5-112, 25-5-122
18-115
12-05-18
North Kona Zone Map
ZA
18-116
12-05-18
Capital improvements budget
--
18-117
12-05-18
Capital improvements budget
--
18-118
12-05-18
Operating budget
--
18-119
12-05-18
Operating budget
--
2019
ORD.
NO.
EFFECTIVE
DATE
DESCRIPTION
CODE
SECTION
19-1
01-07-19
City of Hilo Zone Map
ZA
19-2
01-07-19
Operating budget
--
19-3
01-07-19
Veterans Advisory Committee, power
and duties.
15-64
19-4
01-25-19
North Kona District Zone Map
ZA
19-5
01-25-19
Operating budget
--
19-6
01-25-19
Operating budget
--
19-7
01-25-19
Capital improvements budget
--
19-8
01-30-19
Operating budget
--
19-9
02-01-19
Capital improvements budget
--
19-10
02-01-19
Capital improvements budget
--
19-11
02-01-19
Operating budget
--
19-12
02-20-19
North Kona District Zone Map
ZA
19-13
02-20-19
Operating budget
--
19-14
02-20-19
Operating budget
--
19-15
02-20-19
Capital improvements budget
--
19-16
02-20-19
City of Hilo Zone Map
ZA
19-17
02-20-19
City of Hilo Zone Map
ZA
19-18
02-20-19
Capital improvements budget
--
19-19
02-20-19
Operating budget
--
19-20
02-20-19
Operating budget
--
T-21
SUPP. 6 (7-2019)
ORD.
NO.
EFFECTIVE
DATE
DESCRIPTION
CODE
SECTION
19-21
04-01-19
Wastewater service charge rates
21-36.1
19-22
03-05-19
Operating budget
--
19-23
03-05-19
General Obligation Bond ($1,500,000 —
Lanihau wastewater pump station
force main replacement)
--
19-24
03-05-19
Capital improvements budget
--
19-25
03-05-19
Operating budget
--
19-26
03-25-19
City of Hilo Zone Map
ZA
19-27
03-25-19
City of Hilo Zone Map
ZA
19-28
03-25-19
City of Hilo Zone Map
ZA
19-29
03-25-19
Increases the County general excise
and use tax surcharge rate
2-233 to 2-236
19-30
03-25-19
Operating budget
--
19-31
03-25-19
Operating budget
--
19-32
03-25-19
Operating budget
--
19-33
03-25-19
Operating budget
--
19-34
04-08-19
City of Hilo Zone Map
ZA
19-35
04-08-19
Operating budget
--
19-36
04-08-19
Operating budget
--
19-37
04-08-19
Operating budget
--
19-38
04-25-19
North Kona Zone Map
ZA
19-39
04-25-19
City of Hilo Zone Map
ZA
19-40
04-25-19
Capital improvements budget
--
19-41
04-25-19
Traffic Schedules
24-257
19-42
04-25-19
Traffic Schedules
24-256
19-43
04-25-19
Names park at Waikoloa, South
Kohala, "Kamakoa Nui Park" and
prohibits intoxicating liquors at this
p ark
14-1, 15-68.1
19-44
04-25-19
Operating budget
--
19-45
04-25-19
Capital improvements budget
--
19-46
04-25-19
General Obligation Bond (Amends Ord
17-48 bond amount to $24,000,000 -
South Hilo Sanitary Landfill final
closure project)
--
19-47
04-25-19
Capital improvements budget
--
19-48
04-25-19
Operating budget
--
19-49
04-25-19
Capital improvements budget
--
19-50
04-30-19
Operating budget
--
19-51
05-07-19
North Kona Zone Map
ZA
19-52
05-07-19
Operating budget
--
19-53
05-07-19
Capital improvements budget
--
SUPP. 6 (7-2019)
T-22
ORD.
NO.
EFFECTIVE
DATE
DESCRIPTION
CODE
SECTION
19-54
05-07-19
General Obligation Bond (Amends Ord
16-29 bond amount to $10,000,000 -
Kealakehe Scrap Metal Yard
Remediation)
--
19-55
05-07-19
Capital improvements budget
--
19-56
05-07-19
Operating budget
--
19-57
05-21-19
North Kona Zone Map
ZA
19-58
05-21-19
City of Hilo Zone Map
ZA
19-59
05-21-19
Operating budget
--
19-60
05-21-19
Operating budget
--
19-61
05-21-19
Operating budget
--
19-62
05-21-19
Operating budget
--
19-63
05-21-19
Operating budget
--
19-64
05-21-19
Operating budget
--
19-65
05-22-19
Operating budget
--
19-66
05-22-19
Capital improvements budget
--
19-67
06-04-19
Lalamilo-Pu`ukapu Zone Map
ZA
19-68
07-01-19
Salary Ordinance of 2019
--
19-69
06-04-19
Operating budget
--
19-70
06-04-19
Operating budget
--
19-71
06-04-19
Operating budget
--
19-72
06-04-19
Operating budget
--
19-73
07-01-19
Operating budget FY 2019-2020
--
19-74
07-01-19
Capital improvements budget FY
2019-2020
--
19-75
07-01-19
Procedure for awarding grants to
nonprofit organizations
2-139
19-76
06-17-19
Operating budget
--
19-77
06-17-19
Capital improvements budget
--
19-78
06-17-19
Operating budget
--
19-79
06-26-19
Operating budget
--
19-80
06-26-19
Operating budget
--
19-81
06-26-19
Operating budget
--
19-82
06-28-19
Operating budget
--
19-83
07-03-19
Amends Ord. No. 17-19.
State Water Pollution Control
Revolving Fund Loan & General
Obligation Bond ($16,122,000 —
Wastewater public improvement
projects)
--
19-84
06-30-19
Operating budget
--
T-23
SUPP. 6 (7-2019)