HomeMy WebLinkAboutSupplement 10
SUPPLEMENT 10 (7-2021)
Insertion Guide
Hawai‘i County Code1983 (2016Edition)
Volumes 1 -3
(Covering general ordinances effective through 06-30-21 and
numbered through 21-48)
This supplement consists of reprinted pages replacing existing pages in
the Hawai‘i 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
i – ii i – ii
2-7 – 2-8.2 2-7 –2-8.2
Chapter 15 Parks and Recreation
15-23 – 15-26 15-23 – 15-26
VOLUME 2
Vol. 2 Cover Page Vol. 2 Cover Page
Chapter 19 Real Property Taxes
19-39 – 19-42 19-39 – 19-42.2
Chapter 25 Zoning
25-9 – 25-14 25-9 – 25-14
25-35 – 25-40 25-35 – 25-40
25-61–25-6425-61–25-64
25-73–25-7425-73–25-74
25-77 – 25-80 25-77 – 25-80
25-85 – 25-86 25-85 – 25-86
25-89–25-9025-89 –25-90
25-93 –25-9425-93 –25-94
25-105 –25-10625-105 –25-106
25-109 – 25-110 25-109 – 25-110
25-151 – 25-154 25-151 – 25-154
Chapter 25 Zoning Annexes
-- 25A-26.1 – 25A-26.2
25A-81 – 25A-82 25A-81– 25A-82
25A-127 – 25A-128 25A-127 – 25A-128
VOLUME 3
Vol. 3 Cover Page Vol. 3 Cover Page
Legislative History
T-1 – T-6 T-1 – T-6
T-27 – T-28 T-27 – T-30
Supplement Insert Guide
Supp. 10 Insertion
Guide
--
2
THE HAWAI‘I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 10 (7-2021)
Contains ordinances effective through: 06-30-2021
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Office of the County Clerk
County of Hawai‘i
25 Aupuni Street
Hilo, Hawai‘i 96720
(808)961-8255
Volume One
CHAPTER 2
ADMINISTRATION
Article 1. General Provisions.
Section 2-1. Purpose of chapter.
Section 2-2. Bonds of officials required; amount; filing; payment of premiums.
Section 2-3. Issuance of commissions.
Section 2-4. Subpoenas.
Section 2-5. Inspections; charges for overtime.
Section 2-5.1. Hawaiian language; spelling.
Article 2. Executive Branch.
Section 2-6. Office of the mayor.
Section 2-7. Organization of executive branch.
Section 2-8. Order of succession to office of mayor.
Article 3. Office of the Corporation Counsel.
Section 2-9. Settlement of claims.
Section 2-10. Settlement of land acquisitions.
Article 3A. Office of the Prosecuting Attorney.
Section 2-10A. Appointment of personnel.
Article 4. Department of Finance.
Section 2-11. Issuance of warrants.
Section 2-12. Refund of permit fees.
Section 2-12.1. Encumbrances.
Section 2-12.2. Lien parity.
Section 2-12.3. Change orders and contract supplements; notification to the council.
Section 2-12.4. Fund balance.
Section 2-12.5. Temporary positions; notification to the council.
Section 2-12.6. Annual revenue report.
Section 2-12.7. Fiscal impact statements.
Article 5. Fire Department.
Section 2-13. Fire chief; appointment; qualifications.
Section 2-14. Powers, duties and functions.
Section 2-15. Fire commission.
Section 2-15.1. Powers, duties and functions.
SUPP. 10 (7-2021)
i
Article 6. Volunteer Fire Department.
Section 2-16. Volunteer fire department created.
Section 2-16.1. Volunteer fire stations.
Section 2-17. Head of volunteer fire department.
Section 2-18. Appointment of other personnel.
Section 2-19. Volunteer personnel.
Section 2-20. Mileage reimbursements for volunteer fire personnel.
Section 2-21. Coordination of volunteer and regular fire departments.
Section 2-22. Use of County fire-fighting equipment.
Section 2-23. Benefits.
Section 2-24. Extent of coverage.
Section 2-25. Computation of wages.
Section 2-26. Volunteers not members of volunteer fire department.
Article 7. Planning Department.
Section 2-27. Windward and leeward planning commissions.
Section 2-28. Quorum; meetings.
Section 2-28.1. Community development plan.
Section 2-29. Records of findings required; location of office.
Section 2-30. Publication of notice.
Section 2-31. General plan; contents; location.
Section 2-32. Subdivision regulations.
Section 2-33. Zoning regulations; amendments.
Section 2-34. Application for changes or new provisions.
Section 2-35. Repealed.
Section 2-35.1. Urban renewal.
Article 8. Department of Research and Development.
Section 2-36. Purpose.
Section 2-37. Sustainability Action Committee.
Section 2-37.1. Duties of the committee.
Section 2-37.2. Guidelines for committee recommendations.
Article 9. Department of Public Works.
Division 1. Organization.
Section 2-38. Director of public works as department head.
Section 2-39. Duties of director of public works.
Section 2-40. Duties and functions of department.
Section 2-41. Divisions within department.
ii
A DMINISTRATION §2-12.2
(b) In the event of delinquencies, parity liens may be foreclosed together or in separate
foreclosures and the amounts realized by foreclosure, together or separately, as
applicable, shall be applied in the manner provided above for payments billed and
collected together or separately.
(c) Notwithstanding any provision of this code to the contrary, foreclosure of any parity
lien or liens shall not extinguish or otherwise affect any parity lien or liens for
amounts that are not satisfied by such foreclosure.
(2008, ord 08-157, sec 2.)2-12.2
Section 2-12.3. Change orders and contract supplements;
notification to the council.
The director of finance shall notify the council of all change orders and contract
supplements executed by the County no later than thirty days after authorization of the
change order or contract supplement. Notification shall be provided by submitting a
report to be placed on the council committee agenda designated to handle matters of
finance. The report shall include the following: job number; contract number; project
title; contract type; contracting agency, office, or department of the County; project
manager; contractor or contractors; original contract amount; date the contract was
awarded; number of change orders or contract supplements; total amount of the change
order or contract supplement; percentage of increase or decrease; and the status of the
project.
(2011, ord 11-2, sec 2.)2-123
Section 2-12.4. Fund balance.
(a) Definitions.
“Unassigned fund balance” means the residual classification for the general fund
and includes all amounts not contained in the other classifications, such as non-
spendable, restricted, committed, and assigned fund balances. Unassigned amounts
are technically available for any purpose.
(b) If a governmental fund has a fund balance deficit, then it shall be reported as a
negative amount in the unassigned classification in that fund. Positive unassigned
amounts will be reported only in the general fund.
(c) The director of finance shall provide the budgetary fund balance and the fund
balance designated for a future year, as separate line items, in a written report to
the council no later than October 15 for the preceding fiscal year. This report shall
be presented to the committee designated to review financial matters as soon as
practicable after its receipt. In the absence of council committees, the report shall
be sent to the council in the same time frame.
(d) The director of finance shall provide the Comprehensive Annual Financial Report
(CAFR) containing the audited, unassigned fund balance to the council no later
than December 31 for the preceding fiscal year. This report shall be presented to
the committee designated to hear financial matters, or in the absence of council
committees, the report shall be sent to the council as soon as practicable after its
receipt.
2-7
§ 2-12.4 H AWAI‘I C OUNTY C ODE
(e) If a report may be late, the director of finance shall submit a written
communication to the council with an explanation of the reason for being late
before the deadlines in (c) and (d) above. The communication shall be placed on the
agenda in the committee charged with financial issues or in the absence of council
committees, the communication shall be sent to the council as soon as practicable.
(2011, ord 11-37, sec 2.)2-12.4
Section 2-12.5. Temporary positions; notification to the council.
(a) The director of human resources shall notify the council about any person employed
under a contract for less than ninety days if:
(1) The salary is $2,500 or more per month; and
(2) The temporary position is unrelated to a state of emergency declaration.
(b) A quarterly report shall be submitted and placed on the council committee agenda
designated to handle matters of finance. The report shall contain the contractor’s
name, the duration of the contract, the cost of the contract, and the service to be
performed.
(2017, ord 17-42, sec 1.)
Section 2-12.6. Annual revenue report.
(a) The director of finance shall submit to the council a revenue report on or before
January 31 of each year. The revenue report shall cover the period of July 1
through June 30 of the previous fiscal year. The revenue report shall include
information from every County agency or department that collects revenue in the
form of fees, rates, or charges established by:
(1) Administrative rule;
(2) Ordinance; or
(3) A County board or commission.
(b) The revenue report shall include for each entry: account number; agency or
department that administers the fee, rate, or charge; type of fee, rate, or charge;
date and amount of the most recent adjustment to the fee, rate, or charge; brief
description of the revenue; if the fee, rate, or charge is applied on an annual,
monthly, or per use basis; and the total amount of revenue collected during the
applicable fiscal year.
(2019, ord 19-105, sec 1.) 2-12.6
Section 2-12.7. Fiscal impact statements.
(a) “Fiscal impact statement” means a concise assessment of the immediate and
potential future effects a proposed ordinance may have on revenues, expenditures,
taxes, and fiscal liabilities.
SUPP.10 (7-2021)
2-8
A DMINISTRATION §2-12.7
(b) A fiscal impact statement for a proposed ordinance that affects the revenues,
expenditures, taxes, and fiscal liabilities of the County may be initiated by the
director of finance at any time, or upon a council member’s written request
submitted to the director of finance no later than 4:30 p.m. on the date of the first
required council reading of the proposed ordinance. The director of finance shall
submit the fiscal impact statement to the council no later than noon on the business
day prior to the second required council reading. Nothing in this section shall be
construed to limit the ability of the council to act on a proposed ordinance in the
absence of a requested fiscal impact statement.
(c) This section shall not apply to any proposed ordinance to amend the Hawai‘i
County Charter or to establish the operating budget or capital budget for the
following fiscal year.
(2021, ord 20-79, sec 1.) 2-12.7
Article 5. Fire Department.
Section 2-13. Fire chief; appointment; qualifications.
The fire chief shall be appointed by the fire commission and may be removed by the
fire commission at its sole discretion. Any motion for removal of the fire chief must
contain a statement of reasons, and the fire chief must be allowed to respond to the
statement of reasons before being removed. The fire chief shall have a minimum of five
years of training and experience in fire control, including at least three years of
experience in a responsible administrative capacity.
(1983 CC, c 2, art 5, sec 2-13; am 2001, ord 01-109, sec 1.)2-13
Section 2-14. \[Former\] Repealed.
(1983 CC, c 2, art 5, sec 2-14.)
Section 2-14. Powers, duties and functions.
The fire chief shall:
(1) Perform firefighting and emergency services in order to save lives and
property from fires and from emergencies arising on land, or the sea and
hazardous terrain;
(2) Train, equip, maintain and supervise a force of firefighting and emergency
services personnel;
(3) Monitor the construction and occupancy standards of buildings for the
purposes of fire prevention and life safety;
(4) Provide educational programs related to fire prevention and life safety;
(5) Appoint the deputy fire chief and the private secretaries to the fire chief and
the deputy fire chief;
(6) Appoint members of the department under established personnel rules and
regulations, and statutes; and
(7) Have such other powers, duties and functions as may be required by
ordinance.
(2001, ord 01-109, sec 1.)2-14
SUPP. 10 (7-2021)
2-8.1
H AWAI‘I C OUNTY C ODE
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SUPP. 2 (7-2017)
2-8.2
P ARKS AND R ECREATION § 15-68.1
Section 15-68.1. Parks and recreational facility schedule.
PARKS
Hil
Afook-Chinen Civic Auditorium Kaiwiki Park
Kanakea Pond
Aunty Dottie Thompson Hale
Bakers Beach Keikiland Playground
Carlsmith Beach Park Kolekole Gulch Park
Charles “Sparky” Kawamoto Swim
Stadium Kukuihaele Park
Clem Akina Park (1) Takashi “Taka” Domingo Pavilion
East Hawai‘i Cultural Center Kula‘imano Park
Edith Kanakaole Multi-purpose Stadium
Francis F.C. Wong Stadium
Frank M. Santos Park
Gilbert Carvalho Park
Haina Park Lehia Beach Park
Hakalau Veterans Park Leleiwi Beach Park
Happiness Gardens Liholiho Garden
Hilo Armory Lili‘uokalani Gardens
Hilo Bayfront Beach Lincoln Park
Hilo Bayfront Soccerfields (1) Dr. Ruth E. Oda Playground
Hilo Drag Strip
Hilo Municipal Golf Course Machado Acres Park
Hilo P
Hilo Skeet Range Mohouli Park
Honoka‘a Park Mokuola Island
(1) Lala Epenesa, Jr. Ballfield Mo‘oheau Park
Honoka‘a Rodeo Arena NAS Swimming Pool
(1) Rose Andrade Correia Stadium Onekahakaha Beach Park
Honoka‘a Swimming Pool (1) Uncle David K. Calles, Sr.
Honoli‘i Beach Park Horseshoe Courts
Ho‘olulu Complex Pa‘auilo Park
Hualani Park Pana‘ewa Equestrian Center
(1) Ronald Futoshi “Harpo” Saiki Pana‘ewa Park
Officials’ Stand Pana‘ewa Rainforest Zoo and Gardens
James Kealoha Beach Park pa‘aloa Park
SUPP. 10 (7-2021)
15-23
§ 15-68.1 H AWAI‘I C OUNTY C ODE
PARKS (continued)
(continued)
Pepe‘ekeo Community Center
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
Waipi‘o Look Out
-Uka Park Wai‘uli Beach Park
(1) St-Uka Walter C.K. Victor Baseball Complex
Gym
Kahuku Park
Laurence J. Capellas Ballfield Punalu‘u Black Sand Beach Park
Representative Robert N. Herkes
Community Center Gymnasium and Shelter
Park
Whittington Beach Park
Kohala
Kamakoa Nui Park Spencer Kalani Schutte District Park
Kamehameha Park ula Beach
(1) Shiro Takata Field (1) Samuel Mahuka Spencer Pavilion
Kapa‘a Beach Park Waikoloa Community Park
Waikoloa Neighborhood Park
Lily Yoshimatsu Senior Center Waimea Church Row Park
Mahukona Beach Park Waimea Park
Mahukona Wharf
North Kohala Senior Center
North Kohala Veterans Field
SUPP. 9 (1-2021)
15-24
P ARKS AND R ECREATION § 15-68.1
PARKS (continued)
Kona
Ali‘i Kai ParkKona Imin Center
Arthur C. Greenwell Park Kona Waena Swimming Pool
Clarence Lum Won Park Ku‘emanu Heiau
La‘aloa Bay Beach Park
Harold H. Higashihara Park Magic Sands Beach Park
Miloli‘i Beach Park
Rodeo Arena
Ho‘okena Beach Park Old Kona Airport Park
Kahalu‘u 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
Kona Hillcrest Park
Puna
Kurtistown Park
A.J. Watt Gym Mt. View Park
Glenwood Park
Hawaiian Beaches Park (1) Ginny Aste Skate Park
Herbert Shipman Park (2)
(1) Buddy Perry Soccer Field (3) ghborhood Facility
Isaac Kepo‘okalani Hale Beach Park Volcano Park
Kahakai Park
Kea‘au Community Center
SUPP. 4 (7-2018)
15-25
§ 15-68.1 H AWAI‘I C OUNTY C ODE
CEMETERIES
‘Alae CemeteryPa‘alaea Cemetery (Honoka‘a)
Veterans Cemetery No. 1
Veterans Cemetery No. 2
Kukuihaele Cemetery
North/South Kohala
Kahei Cemetery
Waimea Cemetery
Kona
West Hawai‘i Veterans Cemetery-Pu‘u
Ho‘omaha O Na Po‘e Koa O Hawai‘i
Komohana
(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; am 2020, ord 20-59, sec 2; am 2021, ord 21-3, sec 2.)15-68.1
SUPP. 10 (7-2021)
15-26
THE HAWAI‘I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 10 (7-2021)
Contains ordinances effective through: 06-30-21
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Office of the County Clerk
County of Hawai‘i
25 Aupuni Street
Hilo, Hawai‘i 96720
(808) 961-8255
Volume Two
R EAL P ROPERTY T AXES § 19-58.2
(c) If any improvements are undertaken on the dedicated property, and such
improvements increase the market value of the dedicated property, the assessment
shall be increased based on the market value of the improvements undertaken,
however, the assessed valuation for ensuing tax years shall be determined in
accordance with the provisions of section 19-58.2(a).
(d) If any improvements are undertaken on the dedicated property, the owner shall
obtain the required building permit for the construction of new or additional
improvements or renovations of the dedicated property. Violation of this reporting
requirement will result in cancellation of the dedication and activate payment of
retroactive taxes and penalties.
(e) In the case where additional dwelling units are constructed or a single-family
dwelling unit is renovated or converted into a two or more family dwelling unit all
in accordance with article 6, chapter 25, Hawai‘i County Code of 1983, as amended,
the dedication shall not be cancelled provided the owners within sixty days of the
change submit a written petition to continue the dedication and file the claim for
home exemption and the owners would continue to be eligible for the home
exemption. If the owner fails to submit the written petition in a timely manner or
uses the additional dwelling units or renovated areas for rental or income-
producing purposes the dedication shall be cancelled and the retroactive taxes
imposed.
(f) If the dedicated property loses the home exemption under which it was dedicated,
or if the dedicated property or any portion thereof is sold by way of a conveyance
which is subject to conveyance tax under the terms of chapter 247, Hawai‘i Revised
Statutes, the dedication shall be deemed breached. Occupancy of a separate living
unit by an immediate family member is permissible under this section and is not
considered a breach of dedication provided all other provisions are met. For the
purpose of this section immediate family is defined as: parents, brothers, sisters,
spouses, children, parents-in-law, grandparents, and grandchildren.
(g) Retroactive assessments shall be imposed upon the breach of the dedication. The
retroactive assessment shall be calculated as the cumulative difference between the
amount that should have been owed without the dedication less the amount
actually paid for each of the years deemed to be in breach plus penalty at a rate of
ten percent. If the dedicated property is sold, the retroactive assessment for that
year shall be calculated as the difference between the dedicated value and the
higher of either the actual selling price or the value of the property at its actual
use. In the case of properties dedicated to nonspeculative use, notice of assessment
as prepared under section 19-27 shall delineate the dedicated value and market
value, beginning tax year 1993-94.
(h) Section 19-58.2 shall be repealed upon the final participant in the nonspeculative
residential use program being converted as provided in subsection 19-53(g).
(1990, ord 90-137, sec 3; am 1991, ord 91-122, sec 3; am 1997, ord 97-84, sec 1; am 2008,
ord 08-156, sec 3.)19-58.2
19-39
§ 19-58.3 H AWAI‘I C OUNTY C ODE
Section 19-58.3. Repealed.
(1990, ord 90-137, sec 3; rep 1997, ord 97-84, sec 1.)19-58.3
Section 19-58.4. Repealed.
(1996, ord 96-71, sec 3; am 1997, ord 97-84, sec 1; rep 2003, ord 03-103, sec 5.)19-58.4
Article 8. \[Former\] Repealed.
(1983 CC, c 19, art 8, sec 19-59; rep 1997, ord 97-84, sec 1.)
Article 8. Dedications.
Section 19-59. \[Former\] Repealed.
(1983 CC, c 19, art 8, sec 19-59; rep 1997, ord 97-84, sec 1.)
Section 19-59. Native forest dedications.
(a) Native forest categories.
(1) “Native forests” means lands which have sixty percent or greater native
species forest cover.
(A) Native species are defined as those species that are either endemic or
indigenous to the Hawaiian islands. Native species in this context shall
mean plants that became established or evolved in the Hawaiian islands
without the aid of human beings.
(B) The forest cover requirement may be met by native species in either the
tree layer or the understory layer, or a combination of the two; provided
a minimum twenty-five percent of the forest cover shall contain
tree cover.
(2) “Functional forests” means lands which have sixty percent or greater native
species forest cover combined with non-native/non-invasive species
forest cover.
(A) Non-native/non-invasive species are defined as those species that are not
native to the Hawaiian islands, having arrived with human help, which
do not invade or overtake native species habitat and have a Hawai‘i-
Pacific Weed Risk Assessment score of six or less, with seven or more
being a designation of high risk. Exceptions to the score must be justified
in the forest management plan or forest restoration plan.
(B) The forest cover requirement may be met by native species and non-
native/non-invasive species in either the tree layer or the understory
layer, or a combination of the two; provided a minimum twenty-five
percent of the forest cover shall contain tree cover and a minimum of half
of the forest cover shall contain native species.
SUPP.10 (7-2021)
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R EAL P ROPERTY T AXES §19-59
(3) “Successional forests” means lands which have new lava substrates currently
unsuitable for cultivation such that soil depths and/or organic matter are less
than 10 cm.
(A) Successional forests are lava flows in the earliest stages of becoming
forested land and which would not currently meet the native forest or
functional forest requirements.
(B) Successional forest lands must be maintained to promote either a native
forest or functional forest development.
(b) Forest dedication process.
(1) Forest preservation.
An owner who desires to dedicate the land for native forest or functional forest
preservation shall petition the director, following the requirements of the
administrative rules and regulations, to dedicate the land for a period of
twenty years. The forest preservation plan must demonstrate that the land
qualifies as a native forest or functional forest dedication as provided herein at
the beginning of the dedication period. The term “owner” includes lessees of
real property whose term extends at least twenty years from the effective date
of the dedication.
(A) Any property three acres or larger within agricultural, residential and
agricultural, family agricultural, intensive agricultural, and agricultural
project districts, or open zoned districts, which includes at least 2.75
intact and contiguous acres of native forest or functional forest is eligible
for dedication as native forest or functional forest property if it meets the
classification requirements as provided herein.
(B) The petition shall be filed with the director by September 1 of any
calendar year and shall be approved or disapproved by December 15. If
approved, the dedication shall be effective on July 1 of the following
tax year.
(C) The director shall determine whether or not land qualifies as native
forest or functional forest by using current natural resource or vegetation
maps or other acceptable evidence. Other acceptable evidence includes,
but is not limited to:
(i) A written affidavit by a recognized professional in the field of
natural resources, or
(ii) A finding by a County, State or Federal agency or department with
the relevant expertise in the field of natural resources.
(D) If the director’s findings are favorable, the petition shall be approved and
the land shall be declared dedicated. Approval of the petition to dedicate
shall constitute a forfeiture on the part of the owner of any right to
change the use of the land to a use other than preservation for a
minimum period of twenty years. In order to place prospective buyers on
notice of the rollback tax liability, the director shall, within sixty days of
notice of approval, record the dedication in accordance with the
procedures of the bureau of conveyances.
SUPP. 10 (7-2021)
19-41
§ 19-59 H AWAI‘I C OUNTY C ODE
(2) Forest restoration.
If a property does not qualify as a native forest or functional forest, an owner
may petition the director, following the requirements of the administrative
rules and regulations, to dedicate the land for a period of twenty years for a
native forest or functional forest or fifty years for a successional forest through
a forest restoration plan. The forest restoration plan must demonstrate that
the land will qualify as a native forest, functional forest, or continue to qualify
as a successional forest as provided herein by the end of the dedication period.
The term “owner” includes lessees of real property whose term extends at least
twenty years from the effective date of the dedication for native forest and
functional forest dedications and fifty years for successional forest dedications.
(A) Any property three acres or larger within agricultural, residential and
agricultural, family agricultural, intensive agricultural, and agricultural
project districts, or open zoned districts, which includes at least 2.75
intact and contiguous acres in the forest restoration plan is eligible for
dedication if the forest restoration plan achieves the classification
requirements within the dedication period.
(B) The petition shall be filed with the director by September 1 of any
calendar year and shall be approved or disapproved by December 15. If
approved, the dedication shall be effective on July 1 of the following tax
year.
(C) The director shall determine whether or not the forest restoration plan
qualifies as native forest, functional forest, or successional forest by
using current natural resource or vegetation maps or other acceptable
evidence. Other acceptable evidence includes, but is not limited to:
(i) A written affidavit by a recognized professional in the field of
natural resources, or
(ii) A finding by a County, State or Federal agency or department with
the relevant expertise in the field of natural resources.
(D) If the director’s findings are favorable, the petition shall be approved and
the land shall be declared dedicated. Approval of the petition to dedicate
shall constitute a forfeiture on the part of the owner of any right to
change the use of the land to a use other than preservation for a
minimum period of twenty years to fifty years depending upon the type
of dedication. In order to place prospective buyers on notice of the
rollback tax liability, the director shall, within sixty days of notice of
approval, record the dedication in accordance with the procedures of the
bureau of conveyances.
(E) The owner shall provide to the director evidence every five years that the
forest restoration plan is being implemented, as well as a signed and
notarized affidavit, following the requirements of the administrative
rules and regulations, that the restoration plan is likely to succeed
within the designated time period. The owner shall continue to fulfill all
other requirements of the agricultural assessment, including providing
SUPP.10 (7-2021)
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R EAL P ROPERTY T AXES §19-59
proof at the director’s request that any portion of the parcel not being
restored to a native forest or functional forest, but still being assessed for
an agricultural use, continues to be used and maintained substantially
and continuously in the approved agricultural use.
(F) If, at the end of the time period designated in the plan the land does not
meet the requirements of the forest restoration plan, the owner may
return the land to its previous designated use or it shall be assessed and
taxed at market value without penalty, provided that the owner has
submitted the required verification that all conditions of the forest
restoration plan have been met.
(c) Forest dedication value.
(1) Dedicated native forest land shall be assessed at a preferential per-acre value
in its restricted preservation use. In determining the value of lands which are
classified native forest, the director shall assign a native forest assessment
value no greater than fifty percent of the lowest dedicated agricultural use
category. No preferential value shall be granted to native forest land unless it
is dedicated.
(2) Dedicated functional forest land shall be assessed at a preferential per-acre
value in its restricted preservation use. In determining the value of lands
which are classified functional forest, the director shall assign a functional
forest assessment value as twice the value of the native forest assessment
value. No preferential value shall be granted to functional forest land unless it
is dedicated.
(3) Dedicated successional forest land shall be assessed at a preferential per-acre
value in its restricted preservation use. In determining the value of lands
which are classified successional forest, the director shall assign a nominal
value of $100. No preferential value shall be granted to successional forest
land unless it is dedicated.
(d) Breach of dedication.
The dedication shall be deemed breached and the tax assessment privilege
cancelled retroactive to the date of the dedication, or the latest renewal period, and
all differences in the amount of taxes that were paid and those that would have
been due from assessment in the higher use shall be payable with a ten percent
penalty and the forest classification shall be rescinded, upon any of the following:
(1) Failure of the owner to observe the restrictions on the use of the land; or
(2) The cover of native forest species falls below sixty percent for native forest
preservation; or
(3) The cover of native forest species combined with non-native/non-invasive
forest species falls below sixty percent for functional forest preservation; or
(4) Failure of the owner to undertake specific actions as outlined in the forest
restoration plan; or
(5) The property is rezoned to a higher use at the owner’s request; or
(6) The property is subdivided into parcels of less than three acres; or
SUPP. 10 (7-2021)
19-42.1
§ 19-59 H AWAI‘I C OUNTY C ODE
(7) A condominium property regime is declared for the property having
condominium units with an area equivalent to less than three acres. Each unit
shall be treated as a subdivision into lots of like size; or
(8) The dedicated property or any portion thereof is sold by way of a conveyance
which is subject to conveyance tax under the terms of chapter 247, Hawai‘i
Revised Statutes, unless the director submits a notarized affidavit signed by
the owner to the bureau of conveyances stating that the land shall continue to
be subject to the full requirements of the dedication, including the full
penalties and rollback taxes imposed for violation; or
(9) The dedicated property is not maintained according to sound land
management practices such that soil erosion is minimized, foreign species are
controlled, and the watershed is protected.
(e) Exemption to breach of dedication.
The director may cancel a dedication without rollback taxes or penalties in the
event of any of the following:
(1) A recognized natural disaster beyond the owner’s control; or
(2) The death or severe disability of the principal owner such that the native
forest, functional forest, or successional forest maintenance and/or restoration
cannot continue. Corporations and partnerships are not eligible for this death
or severe disability exemption.
(f) Changing between native forest categories.
If the owner desires to change from one forest category to another, the owner shall
petition the director and provide evidence that the land meets the requirements for
the new category. The petition shall be filed with the director by September 1 of
any calendar year and shall be approved or disapproved by December 15. If
approved, the dedication shall be effective on July 1 of the following tax year.
(g) At least one hundred eighty days prior to the cancellation, the department of
finance shall notify the owner by mail of such cancellation. The owner may reapply
for renewal of the dedication by filing an application with the director on or before
September 1 of the last year of the dedication period. The renewal petition shall, in
all respects, be processed in the same manner as an original petition. Upon
approval of succeeding dedications by the director, the property shall continue to be
assessed in accordance with the provisions of this section.
(h) The owner may appeal a petition that has been disapproved as in the case of an
appeal from an assessment.
(i) The director shall establish rules and regulations necessary to administer this
section, pursuant to chapter 91, Hawai‘i Revised Statutes.
(2003, ord 03-103, sec 6; am 2021, ord 20-60, sec 2.)19-59
Section 19-60. \[Former\] Repealed.
(1983 CC, c 19, art 8, sec 19-60; rep 1997, ord 97-84, sec 1.)
SUPP.10 (7-2021)
19-42.2
Z ONING § 25-1-5
“Land use” means use of land, building use and use of any building.
“Livestock” means all animals generally associated with farming, which are raised
or kept for food and other agricultural purposes. Such animals include horses, cattle,
goats, sheep, chickens, ducks, geese and other poultry and swine.
“Livestock production” means a distinct agricultural operation or establishment
which keeps, feeds, or raises livestock for commercial purposes and as a principal land
use. These include piggeries, dairies, dairy and beef cattle ranching, feedlots, chicken,
turkey and other poultry farms, rabbit farms, apiaries and aviaries.
“Lodge” means a building or group of buildings, under single management,
containing transient lodging accommodations without individual kitchen facilities, and
no more than forty guest rooms or suites, and generally located in agricultural, rural or
other less populated areas.
“Lot” means a building site or a parcel of land shown as a unit on an approved
subdivision map, or a survey map.
“Lot line” means any boundary of a building site or property line, and includes:
(A) “Interior lot line” which is any lot line other than the street frontage.
(B) “Rear lot line” which is the lot line that is generally opposite the street
frontage.
“Lot width” means that figure obtained by dividing the total area of a building site
by the maximum depth of the building site measured in the general direction of the side
lines.
“Main building” means a building in which is conducted a principal or main use on
the building site on which it is situated.
“Manufacturing, processing and packaging, general” means activities which are the
main purpose of establishments primarily involved in the manufacture, processing,
assembly, fabrication, refinement, alteration and/or other end products suitable for sale
or trade. General manufacturing, processing and packaging establishments are those
involving significant mechanical and chemical processes, large amounts of metal
transfer, or extended shift operations. Typical activities include, but are not limited to:
paper and textile milling; wood millwork and the production of prefabricated structural
wood products; the manufacture of soaps and detergents; rubber processing and the
manufacture of rubber products; the production of plastics and other synthetic
materials; primary metals processes; the manufacture of vehicles; machinery and
fabricated metal products; electroplating; cement making and the production of
concrete; gypsum and related products; the production of chemical products; perfumes
and pharmaceuticals; and the production of paving and roofing materials. General
manufacturing does not include those activities associated with petroleum processing;
the manufacture of explosives and toxic chemicals; waste disposal and processing;
and/or the processing of salvage, scrap and junk materials.
25-9
§ 25-1-5 H AWAI‘I C OUNTY C ODE
“Manufacturing, processing and packaging, light” means activities which are the
main purpose of establishments primarily involved in the manufacture, processing,
assembly, fabrication, refinement, alteration and/or other end products suitable for sale
or trade. Light manufacturing, processing and packaging establishments involve
activities which are non-offensive to adjacent uses; involve no open storage or other
types of outdoor accessory uses other than parking and loading; do not involve processes
which generate significant levels of heat, noise, odors and/or particulates; and do not
involve chemicals or other substances which pose a threat to health and safety. Typical
activities include, but are not limited to, the production of handcrafted goods,
electronics-intensive equipment, components related to instrumentation and measuring
devices, bio-medical and telecommunications technologies, computer parts and software,
optical and photographic equipment, and other manufacturing, processing and
packaging uses meeting the criteria prescribed herein.
“Medical clinic” means an office building or group of offices for persons engaged in
the practice of a medical or dental profession or occupation. A medical clinic does not
have beds for overnight care of patients but can involve the treatment of outpatients. A
“medical profession or occupation” is any activity involving the diagnosis, cure,
treatment, mitigation or prevention of disease or which affects any bodily function. This
includes massage, acupuncture, chiropractic, and other similar health service facilities.
“Meeting facility” means a permanent facility for nonprofit recreational, social or
multi-purpose use, which has no overnight accommodations, and which may be for
organizations operating on a membership basis for the promotion of members’ mutual
interests or may be primarily intended for community purposes. Typical uses include
private clubs, union halls, community centers, and student centers.
“Mobile dwelling” means a structure or vehicle containing one or more dwelling
units designed so as to be transportable either by being carried or towed or under its
own power, whether or not the wheels, skids or other devices for transportability are
actually in place.
“Mortuary” means a business used to prepare a decedent before burial or
cremation. It may also contain a morgue, funeral home, or crematory, and may provide
funeral services.
“Multiple-family dwelling” means a building containing more than two dwelling
units.
“Nonconforming building or parcel” means a building or parcel lawfully in existence
on September 21, 1966 or on the date of any amendment to this chapter, but which does
not comply with the regulations for the zoning district in which it is located.
“Nonconforming use” means a use lawfully in existence on September 21, 1966 or
on the date of any amendment to this chapter, but which does not conform to the
regulations for the zoning district in which it is located.
“Ohana dwelling” means a second dwelling unit permitted to be built as a separate
or an attached unit on a building site, but does not include a guest house or a farm
dwelling.
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25-10
Z ONING § 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, 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.
“Primary airport” means a publicly owned airport that has more than 10,000
passenger boardings each calendar year, as defined by the Federal Aviation
Administration (FAA). Standard accessory uses for Primary Airports include, but are
not limited to, retail establishments for shopping including duty-free shops, dining
establishments that may be consolidated in food courts, automobile rentals, service
businesses, offices, conference centers and hotels. The accessory uses must be located
on publicly owned lands and support airport operations.
“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.
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§ 25-1-5 H AWAI‘I C OUNTY C ODE
“Repair establishment, major” means an establishment which primarily provides
restoration, reconstruction and general mending and repair services, and which
includes any repair activities which are likely to have some impact on the environment
and adjacent land uses by virtue of their appearance, noise, size, traffic generation or
operational characteristics. Major repair establishments include, but are not limited to:
(A) Blacksmith.
(B) Boat cleaning and repair.
(C) Electrical, gasoline and diesel motor repair and rebuilding.
(D) Furniture repair.
(E) Industrial machinery and heavy 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
SUPP. 9 (1-2021)
25-12
Z ONING § 25-1-5
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.
“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.
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25-13
§ 25-1-5 H AWAI‘I C OUNTY C ODE
“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.
“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; am 2020,
ord 20-61, sec 9; ord 20-94, sec 2; am 2021, ord 21-26, sec 2.)25-1-5
SUPP.10 (7-2021)
25-14
Z ONING § 25-2-56
Section 25-2-56. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 7.)25-2-56
Section 25-2-57. Repealed.
(1996, ord 96-160, sec 2; ratified April 6, 1999; rep 1999, ord 99-112, sec 8.)25-2-57
Section 25-2-58. Appeals.
(a) If the director denies a variance application, such decision is final except, that,
within thirty days after the date of the written decision, the applicant may appeal
such action to the board of appeals, pursuant to the rules of practice and procedure
of the board of appeals.
(b) Any person aggrieved by the decision of the director in the issuance of a variance
decision may appeal the director’s action to the board of appeals, in accordance with
this chapter, within thirty days after the date of the director’s written decision.
(1999, ord 99-112, sec 6.)25-2-58
Division 6. Use Permits.
Section 25-2-60. Purpose.
Use permits are permits for certain permitted uses in zoning districts which require
special attention to insure that the uses will neither unduly burden public agencies to
provide public services nor cause substantial adverse impacts upon the surrounding
community.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-60
Section 25-2-61. Applicability; use permit required.
(a) The following uses shall be permitted within designated County zoning districts
only if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS, RA, FA, and A districts, provided
that the property is within the state land use urban district.
(2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD,
RM, RCX, RA, FA, A and V districts.
(3) Churches, temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and
A districts; provided that a minimum building site area of ten thousand square
feet is required within the RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area of ten thousand square feet shall be required
within the RS, RD, RM, and RA districts.
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§ 25-2-61 H AWAI‘I C OUNTY C ODE
(5) Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA,
A, V, CG, CV, and O districts, 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) Group living facilities that exceed the criteria in subsection 25-1-5(b),
paragraph (b) of the definition of “group living facility” in the RS, RD, RM,
RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes in the
RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum
building site area of ten thousand square feet shall be required within the RS,
RD, RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RCX, RA, A, CN, CG,
CV, MCX, ML, MG and O districts.
(9) Medical clinics in RS, RD, RM, RA, FA, and A districts.
(10) Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts, provided
that a minimum building site area of ten thousand square feet shall be
required within the RS, RD, RM, and RA districts.
(11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A, IA
and O districts.
(12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV,
MCX, ML, MG and O districts.
(13) Wind energy facilities in the O district; provided that the property is within
the state land use agricultural district.
(14) Other unusual and reasonable uses which are not specifically permitted in any
zoning district with the approval of the director and the concurrence of the
council by resolution.
(b) Any use which received an approval as a conditionally permitted use prior to
September 25, 1984, or which received prior approval through the use permit
process, is considered a legal use of the affected parcel and may be expanded or
enlarged without obtaining another use permit, provided such expansion,
enlargement or addition is in full compliance with this chapter and the applicable
district regulations.
(c) A use permit shall not be required for any use described in subsection (a) above, if a
special permit is obtained for that use, pursuant to section 205-6, Hawai‘i Revised
Statutes.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2007, ord 07-55, sec 2; am 2008, ord
08-2, sec 2; am 2010, ord 10-17, sec 2; am 2011, ord 11-25, sec 1; ord 11-26, sec 1; am
2012, ord 12-91, sec 2; ord 12-124, sec 2; am 2014, ord 14-86, sec 2; am 2019, ord 19-100,
sec 2; am 2021, ord 21-26, sec 3.)25-2-61
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Z ONING § 25-2-62
Section 25-2-62. Application for use permit; requirements.
(a) An application for a use permit shall be made to the commission, in accordance
with its rules, on a form prescribed by the commission.
(b) The application shall be accompanied by:
(1) A filing fee of $500;
(2) A description of the property in sufficient detail to determine the precise
location of the property involved;
(3) A plot plan of the property, drawn to scale, with all existing and proposed
structures shown thereon;
(4) A list of names, addresses and tax map key numbers for those owners and
lessees of record of surrounding properties who are required to receive notice
under section 25-2-4; and
(5) A written description of the proposed use and a statement of objectives and
reasons for the request, including an analysis of how the request satisfies each
of the standards contained in section 25-2-65.
25-2-62
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2011, ord 11-3, sec 2.)
Section 25-2-63. Procedure for use permit.
(a) Upon acceptance of a use permit application, the commission shall fix a date for a
public hearing. The public hearing shall be commenced no later than ninety days
after the acceptance of a use permit application by the director.
(b) The applicant shall serve notice of the use permit application on surrounding
owners and lessees of record as provided by section 25-2-4. The applicant shall also
serve notice on owners and lessees of record interests in other properties which the
commission may find to be directly affected by the use permit sought. The
applicant shall also post a sign for public notification on the property as provided by
section 25-2-12.
(c) Prior to the public hearing, the commission shall publish notice of the public
hearing in accordance with the requirements of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 9; am 2005,
ord 05-136, sec 5; am 2010, ord 10-117, sec 2.)25-2-63
Section 25-2-64. Action on use permit.
(a) Within sixty days following the close of the public hearing or public hearings as the
case may be, or within such longer period as agreed to by the applicant, the
commission shall either deny or approve the application. The commission’s decision
shall be accompanied by a statement of factual findings supporting the decision.
(b) In approving any use permit application, the commission may issue the approval
subject to conditions, including but not limited to hours of daily operation and
terms of the use permit. The conditions imposed by the commission shall bear a
reasonable relationship to the use permit granted.
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§ 25-2-64 H AWAI‘I C OUNTY C ODE
(c) If the commission fails to render a decision within the prescribed period, the
application shall be considered as being approved unless an extension is agreed to
by all parties, provided that no contested case hearing pertaining to the use permit
is pending before the commission.
(d) Concurrent requests may be acted upon by the commission in conjunction with a
use permit application.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2021, ord 21-24, sec 2.)25-2-64
Section 25-2-65. Criteria for granting a use permit.
A use permit may be granted by the commission upon finding that:
(1) The granting of the proposed use shall be consistent with the general purpose
of the zoning district, the intent and purpose of this chapter, and the general
plan;
(2) The granting of the proposed use shall not be materially detrimental to the
public welfare nor cause substantial, adverse impact to the community’s
character, to surrounding properties; and
(3) The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewer, water, drainage, schools, police
and fire protection and other related infrastructure.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-65
Section 25-2-66. Appeal of a use permit decision.
Within thirty days after the date of the commission’s written decision, any person
aggrieved by the decision may appeal the commission’s action to the third circuit court
pursuant to chapter 91, Hawai‘i Revised Statutes.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 10.)25-2-66
Section 25-2-67. Revocation of a use permit.
(a) A use permit may be revoked by the director in the event that any property owner
who holds the permit sought to be revoked or any other person, with the property
owner’s consent, submits a written statement to the director verifying that the
development approved under the permit issued has either not been established or
has been abandoned.
(b) A use permit may be revoked by the commission upon the request of the director
when the director determines the following conditions exist:
(1) There has been noncompliance with the conditions of the permit; or
(2) The use authorized under the permit is creating a threat to the health or
safety of the community.
(c) The director shall provide written notice of the proceeding to revoke a use permit to
the property owner and to the person who has been issued the permit prior to the
commission taking action to revoke the permit.
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Z ONING § 25-2-67
(d) A property owner or other person affected by the proposed revocation of a use
permit ordered by the commission, may, within thirty days after the mailing of the
commission’s order, appeal the commission’s action to the third circuit court
pursuant to chapter 91, Hawai‘i Revised Statutes.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 11; am 2021,
ord 21-24, sec 3.)25-2-67
Division 7. Plan Approval.
Section 25-2-70. Purpose.
Plan approval provides a method of allowing closer inspection of certain
development and inspection of all development in certain districts in order to ensure
conformance with the general plan, to assure that the intent and purpose of this chapter
are carried out, and to ensure pertinent conditions of previous approvals related to the
development have been implemented.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-70
Section 25-2-71. Applicability; plan approval required.
(a) Plan approval shall be required prior to the construction or installation of any new
structure or development or any addition to an existing structure or development in
all districts except in the RS, RA, FA, A and IA districts, and except for the
construction of one single-family dwelling and any accessory buildings per lot,
unless required elsewhere in this chapter.
(b) Plan approval shall be required in all districts prior to the change of the following
uses in existing buildings:
(1) Residential to commercial use;
(2) Warehouse and manufacturing to retail use.
(c) Plan approval shall be required in all applicable districts prior to the construction
or establishment of the following improvements and uses:
(1) Public uses, structures and buildings and community buildings, as permitted
under section 25-4-11.
(2) Telecommunication antennas and towers, as permitted under section 25-4-12.
(3) Temporary real estate offices and model homes, as permitted under section 25-
4-8.
(4) Utility substations, as authorized under section 25-4-11.
(d) Plan approval shall be required in the RA and FA district prior to the construction
or installation of any new structure or development, or of any addition to an
existing structure or development which is to be used for minor agricultural
products processing.
(e) Plan approval shall be required in the A district prior to the development of any
trailer park or major agricultural products processing facility. The director shall
determine whether an agricultural products processing facility shall be considered
major or minor at the time of building permit review, or earlier at the applicant’s
request.
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§ 25-2-71 H AWAI‘I C OUNTY C ODE
(f)Plan approval may be required as a condition of approval of any use permit,
variance, or other action relating to a specific use, in which case the use or
development so conditioned may not be established until plan approval has been
secured.
(g) Plan approval shall be required for the establishment of any agricultural tourism
activity, as permitted under section 25-4-15(b).
(h) Plan approval shall be required prior to the construction or installation of any new
structure or development, any enlargement of an existing structure or
development, or alterations to the exterior appearance of any existing structure or
development in any special district established under this chapter for which design
guidelines and/or standards have been adopted and as prescribed by the applicable
special district requirements, excluding any special district having adopted design
guidelines and/or standards established under this chapter prior to adoption of this
sub-section.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 2; am 2007,
ord 07-56, sec 3; am 2008, ord 08-155, sec 3; am 2009, ord 09-16, sec 2; am 2012, ord 12-
124, sec 3; am 2015, ord 15-45, sec 2.)25-2-71
Section 25-2-72. Application for plan approval; requirements.
An application for plan approval shall be on a form approved for such purpose by
the director and shall be accompanied by:
(1) A site plan, drawn to scale and fully dimensioned indicating clearly the
following information:
(A) The location and dimension of the building site;
(B) The location, size, height, and use of all existing and proposed
structures;
(C) All yards and open spaces;
(D) Location, height, and material of all fences and walls;
(E) The standard of improvement and location, number, and size of parking
spaces, arrangement and on-site circulation of all off-street parking and
loading facilities including points of access thereto from adjoining
streets;
(F) The location, general nature, and type, and protection or shielding
devices of all exterior lighting;
(G) All proposed landscaping and planting; and
(H) All proposed street dedication and improvement if any.
(2) Any other information required by rules adopted by the director in accordance
with chapter 91, Hawai‘i Revised Statutes.
25-40
Z ONING § 25-4-44
Sect i on 25-4-44. Permitted projections into yards and open spaces.
(a) Except as may otherwise be restricted, roof overhangs, eaves, sunshades, sills,
frames, beam ends, cornices, canopies, porches, balconies, terraces, fire escapes,
stairs, ramps, above-grade pools and other similar features may extend four feet
into any required yard or open space that is less than ten feet, five feet when
required yard or space is from ten up to fifteen feet, and six feet when required yard
is over fifteen feet; provided that:
(1) No cornice, canopy, eave, porch, balcony, terrace, fire escape, stair, ramp or
other similar feature shall be enclosed above or below the extension except
that there may be individual posts or beams for support and open or grill-type
railings no higher than four feet.
(2) No chimney may extend more than two feet into any yard.
(3) No above-grade pool may extend into any required front, side or rear yard if
the pool is over six feet in height.
(b) The extensions permitted in this section apply separately to each building.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-44
Section 25-4-45. Projection of porte-cocheres.
An attractively designed porte-cochere may extend any distance into a front yard as
a protection for arriving motorists and pedestrians.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-45
Section 25-4-46. Projection of pools.
A pool constructed at-grade may extend any distance into a required yard or open
space.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-46
Section 25-4-47. Minimum distance between main buildings on same building
site.
Unless otherwise specified, the minimum distance between main buildings on the
same building site shall be fifteen feet, measured between the walls of the two
buildings.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-47
Division 5. Off-Street Parking and Loading.
Section 25-4-50. Off-street parking and loading: purpose.
(a) Parking and loading standards are intended to minimize street congestion and
traffic hazards, and to provide safe and convenient access to residences, businesses,
public services and places of public assembly.
(b) Off-street parking and loading spaces shall be provided in such number, at such
location and with such improvements as required as set forth in this division.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-50
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§ 25-4-51 H AWAI‘I C OUNTY C ODE
Section 25-4-51. Required number of parking spaces.
(a) The number of parking spaces for each use shall be as follows:
(1) Agricultural tourism: one for each three hundred square feet of gross floor
area used principally for the agricultural tourism activity, but not fewer than
three spaces, plus bus parking if buses are allowed.
(2) Bed and breakfast establishments: one for each guest bedroom, in addition to
one for the dwelling unit.
(3) Bowling alleys: four for each alley.
(4) Commercial uses, including retail and office uses in RS, RD, RM, RCX, CN,
CG, CV, MCX, V, RA, FA, A and IA districts: one for each three hundred
square feet of gross floor area.
(5) Day care centers: one for each ten care recipients of design capacity or one for
every two hundred square feet of gross floor area, whichever is greater.
(6) Dwellings, multiple-family: one and one quarter for each unit. In the CDH
district, one for each unit on a property maintaining a unit density higher
than one thousand square feet of land area per rentable unit or dwelling unit.
(7) Dwellings, single-family and double-family or duplex: two for each dwelling
unit. In the CDH district, one for each unit on a property maintaining a unit
density higher than one thousand square feet of land area per rentable unit or
dwelling unit.
(8) Dwellings, single-family and double-family or duplex that are occupied for any
period of less than one hundred eighty days: one space for each rented
bedroom in addition to one space for the dwelling unit if rooms in the dwelling
unit are rented individually, or two spaces if the dwelling unit is rented as a
whole.
(9) Funeral homes, funeral services, mortuaries, and crematoriums: one for each
seventy-five square feet of gross floor area.
(10) Golf courses: four for every hole.
(11) Hospitals: one for each bed.
(12) Hotels and lodges:
(A) For hotel guest units without a kitchen, one for every three units;
(B) For hotel guest units with a kitchen, one and one quarter for each unit.
(13) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four
hundred square feet of gross floor area.
(14) Laundromats, cleaners (coin operated): one for every four machines.
(15) Major outdoor amusement and recreation facilities: one for each two hundred
square feet of gross floor area within enclosed buildings, plus one for every
three persons that the outdoor facilities are designed to accommodate when
used to the maximum capacity.
(16) Meeting facilities, including churches: one for each seventy-five square feet of
gross floor area.
(17) Nursing homes, convalescent homes, rest homes and homes for the elderly: one
for every two beds.
(18) Parks: as determined by the director.
(19) Recreation facilities, outdoor or indoor, other than herein specified: one for
each two hundred square feet of gross floor area, plus three per court
(racquetball, tennis or similar activities).
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Z ONING § 25-4-51
(20) Rooming and lodging houses, religious, fraternal or social orders having
sleeping accommodations: one for each two beds.
(21) Schools (elementary and intermediate): one for each twenty students of design
capacity, plus one for each four hundred square feet of office floor space.
(22) Schools (high, language, vocational, business, technical and trade, college): one
for each ten students of design capacity, plus one for each four hundred square
feet of office floor space.
(23) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
(24) Swimming pools (community): one for each forty square feet of pool area.
(25) Warehouse and bulk storage establishments where there is no trade or retail
traffic: one for each one thousand square feet of gross floor area.
(b) No additional parking is required for any change of use in a building as long as the
previous use of the building had the required number of parking stalls for that use;
provided, that additional parking may be required for a change of use in any
building where the building is converted from residential to commercial use or from
warehouse and manufacturing use to retail or commercial use.
(c) Where uses and activities do not occur simultaneously, parking space requirements
may be shared, provided that:
(1) The utilization of the combined parking is shown to the satisfaction of the
director to be noncompeting as to time of use;
(2) The number of parking spaces is based on the largest parking requirement of
those respective facilities;
(3) The parking areas are not more than one thousand feet from any of the
buildings housing the activities; and
(4) The parking areas are encumbered for that use for the life of the facilities
being served.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 10; am 2012,
ord 12-91, sec 3; am 2013, ord 13-95, sec 1; am 2014, ord 14-85, sec 2; am 2017, ord
17-31, sec 2; am 2021, ord 21-26, sec 4.)25-4-51
Section 25-4-52. Method of determining number of parking spaces.
(a) When computation of required parking spaces results in a fractional number, the
number of spaces required shall be the next highest whole number.
(b) In stadiums, sports arenas, meeting facilities, and other places of assembly in
which patrons or spectators occupy benches, pews or other similar seating facilities,
each twenty-four inches of width shall be counted as a seat for the purpose of
determining requirements for off-street parking.
(c) If bicycle parking stalls are constructed on any building site, the total number of
required parking spaces shall be reduced by one parking space for every five bicycle
parking stalls constructed.
(d) At least sixty-seven percent of the required parking shall be standard-sized parking
spaces, and thirty-three percent may be compact spaces.
(e) The director may increase the required number of parking spaces for any use
during plan approval if the director reviews the proposed use and its impact to the
immediate area and finds that the increase will further the public safety,
convenience and welfare.
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§ 25-4-52 H AWAI‘I C OUNTY C ODE
(f)If there is any doubt as to the requirements for off-street parking for any use not
specifically mentioned or for any other reason, the director shall determine the
required number of parking spaces for such use.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-52
Section 25-4-53. Minimum dimensions of parking spaces.
(a) Standard-sized automobile parking spaces shall be at least eighteen feet in length
and eight feet six inches in width, with curbside parallel spaces at least twenty-two
feet in length.
(b) Compact spaces shall be at least sixteen feet in length and seven feet six inches in
width, with curbside parallel spaces at least eighteen feet in length.
(c) Minimum aisle widths for parking bays shall be provided in accordance with the
following:
Angle of Parking to CurbMinimum Width
12’
to 0 (parallel)
14’
to 45
18’
to 60
24’
to 90(perpendicular)
(d) Parking spaces may have a three-foot unpaved car overhang area.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-53
Section 25-4-54. Standards and improvements to off-street parking spaces.
(a) All parking spaces shall be arranged so as to be individually accessible.
(b) Except for one duplex dwelling or two single-family dwellings on any single
building site, access to any individual parking space shall not be directly from or to
a street but must be reached from an on-site access driveway of proper design and
width to allow for passage of vehicles and necessary turning movements.
(c) In V, CN, CG, CV, MCX, ML, MG, RD, RM and RCX districts, parking spaces shall
be paved.
(d) For any permitted use in the RS, RA, FA, A or IA districts, the pavement of parking
spaces is not required, and any material may be used for the parking spaces that
will eliminate erosion, mud and standing water.
(e) For any parking space containing a building column, that column may intrude six
inches into the required width, provided that the building column shall not be
located at the entry of the parking space. A wall shall not be considered a building
column.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-54
Section 25-4-55. Parking for persons with disabilities.
Parking for persons with disabilities shall comply with all applicable federal and
state requirements for the facility or site.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2016, ord 16-98, sec 1.)
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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.)25-4-68
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.)25-4-69
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.)25-4-70
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.)25-4-71
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.)25-5-1
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.)25-5-2
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§ 25-5-3 H AWAI‘I C OUNTY C ODE
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) Medical clinics.
(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; am 2019, ord 19-100, sec 3; am 2021, ord 21-26,
sec 5.)25-5-3
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.)25-5-4
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Z ONING § 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) Medical clinics.
(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; am 2019, ord 19-100, sec 4; am 2021, ord 21-26,
sec 6.)25-5-22
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.)25-5-23
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.)25-5-24
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.)25-5-25
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.
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§ 25-5-26 H AWAI‘I C OUNTY C ODE
(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.)25-5-266
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.)25-5-27
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.)25-5-30
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.)25-5-31
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Z ONING § 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.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RM district, provided that a use permit is issued for each
use:
(1) Care homes.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
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§ 25-5-32 H AWAI‘I C OUNTY C ODE
(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) Medical clinics.
(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; am 2019, ord 19-100, sec 5; am 2021, ord 21-26,
sec 7.)25-5-32
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.)25-5-33
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.)25-5-34
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.)25-5-35
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.)25-5-36
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.
25-5-37
(1996, ord 96-160, sec 2; ratified April 6, 1999, am 2005, ord 05-155, sec 4.)
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Z ONING § 25-5-52
(10) Family child care homes.
(11) Group living facilities.
(12) Kennels, provided that the building site is a minimum of five acres in area and
the structures are located at least one hundred feet away from any lot line.
(13) Livestock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house,
hutch, or other enclosure for the keeping of any permitted animal shall
be located at least seventy-five feet from any lot line.
(14) Parks, playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
(15) Public uses and structures, as permitted under section 25-4-11.
(16) Roadside stands for the sale of agricultural products grown on the premises.
(17) Stables, commercial or boarding, provided that the building site is a minimum
of five acres in area and the structures are located at least one hundred feet
away from any lot line.
(18) Utility substations, as permitted under section 25-4-11.
(19) Veterinary establishments.
(b) The following uses may be permitted in the RA district, provided that a use permit
is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, 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) Telecommunication antennas and towers.
(c) The following uses may be permitted in the RA district, provided that if a building
site is located within the State land use rural district, the following uses may be
permitted if a special permit is obtained for such use:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Community buildings, as permitted under section 25-4-11.
(3) Country clubs, tennis clubs and other similar recreational facilities which
include buildings or indoor recreational features.
(4) Drive-in theaters.
(5) Guest ranches.
(6) Home occupations, as permitted under section 25-4-13.
(7) Lodges.
(8) Meeting facilities.
(9) Model homes, as permitted under section 25-4-8.
(10) Temporary real estate offices, as permitted under section 25-4-8.
(11) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai‘i Revised Statutes.
25-85
§ 25-5-52 H AWAI‘I C OUNTY C ODE
(d) The following uses may be permitted in the RA district, provided that either a use
permit is issued for each use if the building site is within the State land use urban
district or a special permit is issued for each use if the building site is within the
State land use rural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Churches, temples and synagogues.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical Clinics.
(8) Schools.
(9) Yacht harbors and boating facilities.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the RA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 11; am 2010,
ord 10-17, sec 4; am 2012, ord 12-28, sec 7; ord 12-124, sec 6; am 2014, ord 14-86, sec 7;
am 2021, ord 21-26, sec 8.)25-5-52
Section 25-5-53. Height limit.
The height limit in the RA district shall be thirty-five feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-53
Section 25-5-54. Minimum building site area.
The minimum building site area in the RA district shall be one-half acre. RA
districts having larger areas may be designated in increments of one-half acre up to a
recommended maximum of three acres. The recommended maximum does not specify
an absolute upper limit for any building site in the RA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-54
Section 25-5-55. Minimum building site average width.
Each building site in the RA district shall have a minimum average width of one
hundred feet for the first one-half acre of required area, plus twenty feet for each
additional one-half acre of required area; provided that no building site shall be
required to have an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-55
Section 25-5-56. Minimum yards.
Minimum yards in the RA district shall be as follows:
(1) Front and rear yards, twenty-five feet; and
(2) Side yards, fifteen feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-56
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Z ONING § 25-5-62
(c) The following uses may be permitted in the FA district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Community buildings, as permitted under section 25-4-11.
(4) Family child care homes.
(5) Home occupations, as permitted under section 25-4-13.
(6) Meeting facilities.
(7) Model homes, as permitted under section 25-4-8.
(8) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(9) Temporary real estate offices, as permitted under section 25-4-8.
(10) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai‘i Revised Statutes.
(d) The following uses may be permitted in the FA district, provided that either a use
permit is issued for each use if the building site is within the State land use
agricultural district or a special permit is issued for each use if the building site is
within the State land use agricultural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical clinics.
(8) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the FA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010,
ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8;
25-5-62
am 2021, ord 21-26, sec 9.)
Section 25-5-63. Height limits.
The height limit in FA districts shall be thirty-five feet for any residential
structure, including any single-family dwelling or farm dwelling, and forty-five feet for
all other structures.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-63
Section 25-5-64. Minimum building site area.
The minimum building site area in the FA district shall be one acre. Other FA
districts having larger areas may be designated in increments of one acre up to a
recommended maximum of five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-64
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§ 25-5-65 H AWAI‘I C OUNTY C ODE
Section 25-5-65. Minimum building site average width.
Each building site in the FA district must have a minimum average width of one
hundred twenty feet for the initial one acre of required area plus twenty feet for each
additional acre of required area; provided that no building site shall be required to have
an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-65
Section 25-5-66. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the FA district
shall be thirty feet for front and rear yards and twenty feet for side yards.
(b) In the FA district, accessory buildings and enclosures (other than fences under
eight feet high) for the shelter and confinement of any livestock shall be at least
thirty feet from the side and rear property lines.
(c) Appropriate additional setbacks from adjacent residential zoned lands may be
required by the director for those facilities and uses which may include more
frequently used machinery and equipment in order to minimize potential lighting,
odor, vector and air and water quality impacts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-66
Section 25-5-67. Other regulations.
(a) If any legal building site in an FA district has an area of less than one acre, then
the yard and height requirements for the building site shall be the same as the
yard and height requirements in the RA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the FA district. A farm dwelling is a single-family dwelling located on or
used in connection with a farm or if the agricultural activity provides income to the
family occupying the dwelling.
(c) Additional farm dwellings may be permitted in the FA district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm-related purposes.
(2) The applicant shall submit an agricultural development and use program,
farm plan or other evidence of the applicant’s continual agricultural
productivity or farming operation within the County to the director. Such plan
shall also show how the farm dwelling will be utilized for farm-related
purposes.
(d) An ohana dwelling may be located on any building site in the FA district, as
permitted under article 6, division 3 of this chapter.
25-90
Z ONING § 25-5-72
(13) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Trailer parks with density of three thousand five hundred square feet of land
area per trailer, provided that plan approval is secured prior to commencing
such use.
(16) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai‘i Revised Statutes.
(d) The following uses may be permitted in the A district, provided that either a use
permit is issued for each use if the building site is outside of the State land use
agricultural district or a special permit is issued for each use if the building site is
within the State land use agricultural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Churches, temples and synagogues.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities.
(7) Medical clinics.
(8) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the A district.
(f) No building site shall be established after December 1, 1996 which shall in any way
restrict or limit aquaculture, horticulture, production of crops, keeping of livestock,
game and fish propagation, or the processing, sale or other commercial use of the
products of such uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 13; am 2010,
ord 10-17, sec 6; am 2012, ord 12-28, sec 9; ord 12-124, sec 8; am 2014, ord 14-86, sec 9;
25-5-72
am 2021, ord 21-26, sec 10.)
Section 25-5-73. Height limit.
The height limit in the A district shall be thirty-five feet for any residential
structure, including any single-family dwelling, or farm dwelling, and forty-five feet for
all other structures. The director may, however, permit by plan approval, any
nonresidential agricultural structures to be constructed to a height of one hundred feet,
if the director determines that the additional height above the forty-five foot height
limit is necessary.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-73
Section 25-5-74. Minimum building site area.
The minimum building site area in the A district shall be five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-74
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§ 25-5-75 H AWAI‘I C OUNTY C ODE
Section 25-5-75. Minimum building site average width.
Each building site in the A district shall have a minimum average width of two
hundred feet for the first five acres of required area plus twenty feet for each additional
acre of required area. Provided that no building site shall be required to have an
average width greater than one thousand feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-75
Section 25-5-76. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the A district
shall be thirty feet for front and rear yards, and twenty feet for side yards.
(b) For accessory uses such as shade cloth structures used in controlling the amount of
sunlight in the raising of plants and flowers, rear, side and front yards in the A
district shall be at least ten feet, except where the A district shares common
boundaries with urban zones and main government roads.
(c) For accessory uses such as plastic roofed and shade cloth wooden or metal framed
structures used in controlling the amount of sunlight, rainfall, wind and other
elements of nature in the raising of fruits, vegetables and similar agricultural
products, rear, side and front yards shall be at least ten feet except where:
(1) Exterior walls of any type other than shade cloth are added to the wooden or
metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The A district shares common boundaries with urban zones and main
government roads.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-110, sec 1.)25-5-76
Section 25-5-77. Other regulations.
(a) If any legal building site in the A district has an area of less than five acres, then
the yard, minimum building site average width and height requirements for the
building site shall be the same as the yard and height requirements in the
FA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the A district. A farm dwelling is a single-family dwelling that is located on
or used in connection with a farm or if the agricultural activity provides income to
the family occupying the dwelling.
(c) Additional farm dwellings may be permitted in the A district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm-related purposes.
25-94
Z ONING §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.
(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.
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§ 25-5-112 H AWAI‘I C OUNTY C ODE
(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; am 2021, ord 21-26, sec 11.)25-5-112
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.)25-5-113
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.)25-5-114
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25-106
Z ONING §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.
(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.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the CV district, provided that a use permit is issued for each
use:
(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.
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§ 25-5-122 H AWAI‘I C OUNTY C ODE
(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; am 2021, ord 21-26, sec 12.)25-5-122
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.)25-5-123
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.)25-5-124
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.)25-5-125
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.)25-5-126
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.)25-5-127
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Z ONING § 25-7-2
Section 25-7-2. Design commission membership; appointment; term.
(a) The design commission shall consist of nine members who shall be appointed by the
mayor with the approval of the council. The members shall be representative of the
Kona district, provided that a majority of the appointive members shall have lived
or worked in the Kailua Village for a minimum of two years prior to this
appointment. The design commission members shall include two design
professionals (registered architects and/or landscape architects), two members with
backgrounds in building construction and/or engineering, two members with
knowledge about historic Kona, its cultural values and resources, and the
remaining three members representing local business or property owners.
(b) The members shall serve staggered terms of three years. Upon the initial
appointment of the design commission, three shall serve for a term of one year,
three for a term of two years, and three for a term of three years. When the term of
a member expires, the member shall continue to serve until a successor is
appointed. Members whose terms expire may not be reappointed to the design
commission for at least two years, however, members appointed for one year or less
may be reappointed for an additional term without the passage of two years’ time.
Except as provided for in this section, the design commission shall be governed by
the County Charter.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-2
Section 25-7-3. Rules of procedure.
The design commission shall adopt rules of procedure, pursuant to chapter 91,
Hawai‘i Revised Statutes, relating to matters within the design commission’s
jurisdiction.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-3
Section 25-7-4. Powers and duties of the Kailua Village design commission.
(a) The design commission shall recommend to the director an architectural and design
concept of theme for Kailua Village that recognizes the desires and concerns of all
public and private interests.
(b) The design commission shall provide an architectural and design review of
applications requiring plan approval by the director. The design commission’s
review and recommendations to the director shall be completed within thirty days
from the date of the design commission’s receipt of the plans requiring plan
approval. If a recommendation is not received within the allotted period, the
director shall continue to process the request for plan approval.
25-151
§ 25-7-4 H AWAI‘I C OUNTY C ODE
(c) The design commission shall provide an architectural and design review of all
planned public improvements such as street widening, street lights, and so forth, as
well as all private improvements such as landscaping, structural painting, or any
activity which will alter the physical appearance of Kailua Village. The
recommendations shall be forwarded to the director within thirty days from the
design commission’s receipt of the proposal. If a recommendation is not received
within the allotted period, the director shall continue to process the
proposed activity.
(d) All of the design commission’s advice and recommendations to the director shall be
consistent with the provisions of the County Charter, general plan, zoning and all
other related ordinances and any publicly funded master plan developed for
Kailua Village.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2009, ord 09-118, sec 20.)25-7-4
Section 25-7-5. Amendment of district boundaries.
The Kailua Village boundaries as described in section 25-7-1 shall be subject to
review in 1979 and every five years thereafter by the council, and may be amended as
appropriate.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-5
Division 2. CDH, Downtown Hilo Commercial District.
Section 25-7-20. Purpose and applicability.
The CDH (downtown Hilo commercial) district is established to reinforce and
promote downtown Hilo’s role as a compact high density area for retail shopping,
professional and administrative activities, cultural and arts activities, other supportive
business and commercial services, and multiple-family housing. The zoning
requirements of this district are applicable to all building sites, except those designated
as “O” (open) districts, within the area bounded by the western development area limits
of Kapiolani Street/Kaiulani Street, the Wailuku River, Hilo Bay and Ponahawai Street.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-20
Section 25-7-21. Designation of CDH district.
The CDH (downtown Hilo commercial) district shall be designated by the symbol
“CDH.”
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-21
Section 25-7-22. Permitted uses.
(a) The following uses shall be permitted uses in the CDH district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries.
SUPP.10 (7-2021)
25-152
Z ONING § 25-7-22
(4) Automobile service stations or garages, excluding body and fenderworks,
electric tire rebuilding or battery rebuilding and provided that all work is
conducted wholly within a completely enclosed building.
(5) Bakeries.
(6) Bars, cocktail lounges and night clubs.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses.
(9) Broadcasting stations or studios (radio and television).
(10) Business services.
(11) Car washing, provided that the facilities are not detrimental to the character
of the district.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25-4-11.
(14) Crop production.
(15) Display rooms for products sold elsewhere.
(16) Dwellings, double-family or duplex, with a maximum density of five hundred
square feet of land area per rentable unit or dwelling unit.
(17) Dwellings, multiple-family, with a maximum density of five hundred square
feet of land area per rentable unit or dwelling unit.
(18) Dwellings, single-family.
(19) Family child care homes.
(20) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
(21) Financial institutions.
(22) Group living facilities.
(23) Home occupations, as permitted under section 25-4-13.
(24) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(25) Hotels and apartment hotels with a maximum density of five hundred square
feet of land area per rentable unit.
(26) Laundries other than those utilizing steam cleaning equipment, provided that
the facilities are not detrimental to the character of the district.
(27) Manufacturing, processing and packaging, light, provided that the activities
are not detrimental to the character of the district.
(28) Medical clinics.
(29) Meeting facilities.
(30) Model homes, as permitted under section 25-4-8.
(31) Modeling agencies.
(32) Museums and libraries.
SUPP. 10 (7-2021)
25-153
§ 25-7-22 H AWAI‘I C OUNTY C ODE
(33) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(34) Offices.
(35) Personal services.
(36) Photography and artist studios.
(37) Public uses and structures, as permitted under section 25-4-11.
(38) Publishing plants for newspapers, books and magazines, printing shops,
cartographing and duplicating processes such as blueprinting or photostating.
(39) Repair establishments, minor.
(40) Restaurants.
(41) Retail establishments, provided that they are not detrimental to the character
of the district.
(42) Schools, business.
(43) Schools, photography, art, music, dance or other similar studios or academies.
(44) Schools, vocational.
(45) Telecommunication antennas, as permitted under section 25-4-12.
(46) Temporary real estate offices, as permitted under section 25-4-8.
(47) Theaters, auditoriums and indoor sports arenas.
(48) Utility substations, as permitted under section 25-4-11.
(b) Residential use in connection with the operation of any permitted use shall be
permitted in the CDH district.
(c) Buildings and uses normally considered accessory to the above uses shall also be
permitted in the CDH district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2013, ord 13-95, sec 3; am 2021, ord
25-7-22
21-26, sec 13.)
Section 25-7-23. Height limit.
The height limit in the CDH district shall be one hundred twenty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-23
Section 25-7-24. Minimum building site area.
The minimum building site area in the CDH district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-24
Section 25-7-25. Minimum building site average width.
Each building site in the CDH district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-25
Section 25-7-26. Minimum yards.
Front, rear and sides: none, except as required by plan approval.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-7-26
SUPP.10 (7-2021)
25-154
North Kona § 25-8-3
1975 C.C.
))
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that
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arcel
19118
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11111
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-----
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11336
EffectiveDate 00000
570
12224
-----
11111
Ord.No.22222
-
)))))
56789
66666
22222
Paragraph(((((
SUPP. 10 (7-2021)
25A-26.1
This page intentionally left blank.
SUPP.10 (7-2021)
25A-26.2
Puna District § 25-8-22
1975 C.C.
20
20
-
-
FinalZoning MLMG
20a20a
--
OriginalZoning AA
152:020141:002
--
66
--
TMK of ParcelAffected 11
au, Punaau, Puna
General Location KeaKea
20162017
--
2329
--
EffectiveDate 59
4865
--
Ord.No.1617
-
raph
Parag(41)(42)
Puna District § 25-8-22
SUPP. 3 (1-2018)
25A-81
Volcano-Mt. -8-23
1975 C.C.7.19(a)7.19(b)7.19(c)7.19(d)
)
2
1
Zoning
0
)
l
2
8
101020201010
-
202010
------
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7
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2
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-
4
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0
13:2, 3 and Por. 704:Por. 10 and 1204:Por. 10 and 1202:4804:Por. 6044:Por. of 14002:064004:0040
----------
9998999898
----------
23
(Volcano
-
TMK of ParcelAffected 1111111111
--
8
-
§ 25
ZONING MAP No. 7.19
a
mmer Lots, Olaa, Puna
PunaPuna
,,
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General Location Olaa SuOlaa Summer Lots, Olaa, PunaOlaa Summer Lots, Olaa, PunaOlaa, PunaOlaa, Pun
1
197019952
--
197319741977199520120
-----
200320202
2625---
--
2718112342763
--------
EffectiveDate 106678102945
1
10112406128213
------
1
Ord.No.3475914029295950312202
-
)
0
1)1
Paragraph((2)(3)(4)(5)(6)(7)(8)(9)(
Volcano--8-23
SUPP.10 (7-2021)
25A-82
City of Hilo § 25-8-33
.C.
1975 C
)
)
)
5
0
07)
07)97)0610)
.
-----
20
202
09
10107
-
--
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--
26)13)107)64)105)90A
20201718142
SG
------
------
FinalZoning RSCNCGRSRC
Date 8
5
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.
0
1
ginal
151010-1
----
3a
-MS
Amends Ord. 97
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9RR
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00
1, 57, 68,
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057:029: Por023:012021:059034:086024:003080:013050:043
034:00
----
----------
3332
4242224242
----
----------
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,
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2
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General Location WaSouth HiloSouth HiloSouth HiloSouth HiloSouth
e
00
1919191919191919191922
------------
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2025252508252121181700
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99
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-
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429)44
Paragraph(424)(425)(426(427)(428)((430(431)(432)(433)((
SUPP. 9 (1-2021)
25A-127
City of Hilo § 25-8-33
.C.
1975 C
)))
)
10100981)
))
----
44
)
--
1932138
1810
---
--
23
FinalZoning
351111
1010097
.
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Ord
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20212121
----
9
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----
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Ord.No.2022121
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6
3839
4344
Paragraph((437)((
SUPP.10 (7-2021)
25A-128
THE HAWAI‘I COUNTY CODE
1983 (2016 Edition, as amended)
Update to include: Supplement 10 (7-2021)
Contains ordinances effective through: 06-30-21
A CODIFICATION OF THE GENERAL ORDINANCES
OF THE COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Office of the County Clerk
County of Hawai‘i
25 Aupuni Street
Hilo, Hawai‘i 96720
(808) 961-8255
Volume Three
79A
-
2021
20
,, ,,
26A,28A61A86A19A61A10A61R61C61C61C
-----------
2020
2020202020202020202020
,,
75A105A112A
29A
----
2019
19191919
,,
25A32A,34A74A
2018
----
18181818
A
42A56
2017
--
17 17
2016
LEGISLATIVE HISTORY TABLE
65A,95A,97A,103A46A
2015
----
-
15151515 15
ode chapter affected.
C
ode
C
ode
by the
C
Signs
TITLE
General
Animals
Building
chapter
Provisions
CHAPTER
dministrative
Construction
Building
AElectrical Code
Administration
are listed
123455
5A
5D
= Amended or repealed section(s) of the chapter, or added new section(s)= Repealed and replaced chapter in its entirety= Created new
= Repealed the chapter
NO.
ARCX
rdinances
CHAPTER
O Abbreviations:
T-1
SUPP. 10 (7-2021)
2021
,
61C61C61R7A59A86A
------
2020
202020202020
43A
-
2019
19
61A
2018
-
18
55A
2017
-
17
75A,107A,114A
2016
-
--
161616
11A,51A,70A
2015
--
-
151515
Code
Land
Minors
TITLE Energy
Control
Housing
Electricity
Businesses
CHAPTER
Erosion and
Dedication of
Conservation
Civil Defense
Improvements
Sedimentation
Plumbing Code
by Assessments
General Welfare
6789
1011121314
5F
5E
NO.
CHAPTER
SUPP. 9 (1-2021)
T-2
,
3A60A32A
---
2021
21 2021
R,
59A61R39A86
----
2020
C
20202020
,
,
43A95A
3A85A21A
-----
2019
1919 191919
,,,,
,,
2A20A,21A,22A44A56A61A83A78A88A5A82A12A
2018
-------------
181818181818181818 181818 18
,
A
5457A,61A66A41A63A
2017
-----
-
17171717 1717
,
,
111A,112A113A77A95A108A
2016
----
--
161616161616
52A,60A114A19A
2015
---
-
1515 15 15
Taxes
Waste
Public
Sewers
TITLE
Planning
Plumbing
Parks and
Recreation
CHAPTER
Subdivisions
Management
Real Property
County Streets
Transportation
Integrated Solid
151617181920212223
NO.
CHAPTER
T-3
SUPP. 10 (7-2021)
24A,26A
-
-
2021
2121
,
46A,47A3A,61A94A
-----
2020
2020202020
42A
41A,100A
---
2019
191919
,,,
,
4A19A37A,38A,39A45A92A114A,
2018
--------
1818181818181818
,,,
10A,11A27A,28A51A,52A60A31A
2017
-------
-
1717171717171717
,,
1A,6A,25A,51A,52A,53A,63A,64A,74A78A,83A104A98A
2016
-----------
--
161616161616161616161616 16
3A,4A,5A,6A,7A,8A,14A,20A,21A,22A,28A,89A,90A,91A,92A,107A,108A,112A33A,44A,45A
2015
--------------
-------
151515151515151515151515151515151515151515
s
TrafficTraffic
Zoning
TITLE
Schedule
CHAPTER
Vehicles and
242425
NO.
CHAPTER
SUPP. 10 (7-2021)
T-4
,,,
R
1A,2A,17A25A,27A3140A,45A,46A
-------
--
2021
21212121212121
2121
,
21A,25A,34A,41A,63A,64A65A,71A
--------
2020
2020202020202020
4A,12A,16A,17A,26A,27A,28A,34A,38A,39A,51A,57A,58A,67A,88A,90A,92A,
1A,113A
----
---------------
2019
1919191919
1919191919191919191919191919
1A,31A,75A,95A,96A,97A15A25A
2018
--------
1818181818181818
6A,7A,8A,9A,14A,16A,24A,32A,50A,65A,70A,74A56A
2017
---------
----
171717171717171717171717 17
82A,84A,85A,86A,87A,99A
10A,16A,18A,34A,45A,46A,48A,49A,50A,79A,80A,81A,107A
2016
------------------
-
16161616161616161616161616161616161616
1A,2A,34A,35A,37A,41A,50A,72A,96A,104A,105A,106A,116A,117A,118A
2015
-------------
--
151515151515151515151515151515
Fire
TITLE
CHAPTER
Flood Control
Zoning Annex
252627
NO.
CHAPTER
T-5 SUPP. 10 (7-2021)
2021
2020
2019
98A
2018
-
18
2017
2016
2015
s
Special
TITLE
District
ProgramDistrictsDistrictsDistrict
Business
Facilities
Boundary
Procedures
CHAPTER Community
Agreements
Amendment
Financing by Redistricting
DevelopmentDevelopment
Public Access
Improvement Improvement
Tax Increment
Water Use and
State Land Use
Enterprise Zone
282930313233343536
NO.
CHAPTER
SUPP. 9 (1-2021)
T-6
ORD. EFFECTIVE CODE
DESCRIPTION
NO.DATESECTION
20-49 06-17-20 Operating budget --
20-50 06-17-20 Operating budget --
20-51 06-17-20 Operating budget --
20-52 06-26-20 Operating budget --
20-53 06-30-20 Operating budget --
20-54 06-30-20 Operating budget --
20-55 06-30-20 Operating budget --
20-56 06-30-20 Operating budget --
20-57 06-30-20 Operating budget --
20-58 07-15-20 Operating budget --
20-59 08-05-20 Names park at Waimea, South Kohala, 14-1, 15-68.1
“Spencer Kalani Schutte District Park”
and prohibits intoxicating liquors at
this park
20-60 01-01-21 Native forest dedications 19-59
20-61 08-17-20 Establishes a County Construction 2-39, 3-14, 3-15,
Code relating to building construction 25-1-5, 25-4-10,
and related systems within a building 25-4-60,
under construction. Repeals Chapters
5, 9, 17, & Adds
New Chapters 5,
5A, 5D, 5E, 5F
20-62 08-17-20 Operating budget --
20-63 09-02-20 City of Hilo Zone Map ZA
20-64 09-02-20 City of Hilo Zone Map ZA
20-65 09-15-20 North Kona Zone Map ZA
20-66 09-15-20 Operating budget --
20-67 09-15-20 Operating budget --
20-68 09-21-20 General Obligation Bonds - Refunding --
Certain Outstanding General
Obligation Bonds and Notes
20-69 09-22-20 Operating budget --
20-70 09-22-20 Operating budget --
20-71 09-29-20 City of Hilo Zone Map ZA
20-72 09-29-20 Operating budget --
20-73 09-29-20 Operating budget --
20-74 10-20-20 Operating budget --
20-75 10-20-20 Capital improvements budget --
20-76 10-30-20 Operating budget --
20-77 11-04-20 Capital improvements budget --
20-78 11-04-20 Operating budget --
20-79 01-02-21 Fiscal impact statements2-12.7
SUPP. 10 (7-2021)
T-27
ORD. EFFECTIVE CODE
DESCRIPTION
NO.DATESECTION
20-80 11-23-20 Operating budget --
20-81 11-23-20 Operating budget --
20-82 11-23-20 Operating budget --
20-83 11-23-20 Operating budget --
20-84 11-23-20 Capital improvements budget --
20-85 11-23-20 Operating budget --
20-86 11-23-20 Management of Solid Waste2-198, 2-201 to
2-205.
Chapter 14:
repeals Article 20
and adds new
Articles 24 and
25.
Repeals existing
Chapter 20 and
creates new
Chapter 20.
20-87 11-23-20 Operating budget --
20-88 11-23-20 Operating budget --
20-89 11-23-20 Operating budget --
20-90 11-23-20 Operating budget --
20-91 11-23-20 Operating budget --
20-92 11-23-20 Operating budget --
20-93 11-23-20 Operating budget --
20-94 12-01-20 Relating to primary airports25-1-5, 25-5-142,
25-5-152
20-95 12-01-20 Operating budget --
20-96 12-01-20 Capital improvements budget --
2021
ORD. EFFECTIVE CODE
DESCRIPTION
NO. DATESECTION
21-1 01-08-21 North Kona Zone Map ZA
21-2 01-08-21 North Kona Zone Map ZA
21-3 01-08-21 Namesthe pavilion at Kukuihaele 15-68.1
Park, “Takashi “Taka” Domingo
Pavilion”
21-4 01-08-21 Operating budget --
21-5 01-21-21 Capital improvements budget --
21-6 01-21-21 Capital improvements budget --
SUPP. 10 (7-2021)
T-28
ORD. EFFECTIVE CODE
DESCRIPTION
NO.DATESECTION
21-7 01-21-21 Operating budget --
21-8 01-21-21 Operating budget --
21-9 01-21-21 Operating budget --
21-10 01-21-21 Operating budget --
21-11 01-21-21 Operating budget --
21-12 02-16-21 Capital improvements budget --
21-13 02-16-21 Capital improvements budget --
21-14 02-16-21 Operating budget --
21-15 02-16-21 Operating budget --
21-16 02-16-21 Operating budget --
21-17 03-01-21 City of Hilo Zone Map ZA
21-18 03-01-21 Capital improvements budget --
21-19 03-01-21 Capital improvements budget --
21-20 03-01-21 Capital improvements budget --
21-21 03-01-21 Operating budget --
21-22 03-01-21 Operating budget --
21-23 03-15-21 Operating budget --
21-24 03-15-21 Relating to use permits25-2-64, 25-2-67,
21-25 03-16-21 North Kona Zone Map ZA
21-26 03-16-21 Relating to definitions, use permit 25-1-5, 25-2-61,
requirements, parking requirements, 25-4-51, 25-5-3,
and zoning district regulations for 25-5-22, 25-5-32,
medical clinics and massage, 25-5-52, 25-5-62,
acupuncture, chiropractic, and other 25-5-72, 25-5-112,
similar health service facilities 25-5-122, 25-7-22
21-27 03-31-21 North Kona Zone Map ZA
21-28 03-31-21 Operating budget --
21-29 03-31-21 Operating budget --
21-30 03-31-21 Capital improvements budget --
21-3105-03-21Volcano-Mt. View ZoneMapZA
21-32 07-01-21 Relating to the nonspeculative 19-53, 19-58.1,
residential use real property tax 19-58.2
dedication
21-33 05-17-21 Operating budget --
21-34 05-17-21 Capital improvements budget --
21-35 07-01-21 Salary Ordinance of 2021--
21-36 06-04-21 Operating budget --
21-37 06-09-21 Operating budget --
21-38 07-01-21 Operating budget FY 2021-2022 --
21-39 07-01-21 Capital improvements budget FY --
2021-2022
SUPP. 10 (7-2021)
T-29
ORD. EFFECTIVE CODE
DESCRIPTION
NO.DATESECTION
21-40 06-21-21 North Kona Zone Map ZA
21-41 06-21-21 Operating budget --
21-42 06-21-21 Operating budget --
21-43 06-21-21 Operating budget --
21-44 06-25-21 Operating budget --
21-45 06-25-21 City of Hilo Zone Map ZA
21-46 06-25-21 City of Hilo Zone Map ZA
21-47 06-25-21 Operating budget --
21-48 06-25-21 Operating budget --
SUPP. 10 (7-2021)
T-30