HomeMy WebLinkAboutPD Background Report Xie et al. (PL-PDI-2026-000015) -1-
BXieRepealREZ.ja02.01.26
COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT PLANNING DIRECTOR INITIATED ANDY/KERRY XIE TRUST, WEI LIN ZHAO, EULIX CHIU, FANG/HAN TRUST, FRED MING LI
REPEAL CHANGE OF ZONE ORDINANCE NOS. 19-38, 09-50, 09-49, 06-138, 06-137, 95-118, 92-36, 90-10, 86-49, 533 (1980), and 594 (1973) (PL-PDI-2026-000015)____________ The Planning Director has initiated the repeal of Change of Zone Ordinance Nos. 19-38,
09-50, 09-49, 06-138, 06-137, 95-118, 92-36, 90-10, 86-49, 533 (1980), and 594
(1973), amendment to Section 25-8-3 (North Kona Zone Map) and 25-8-5 (Kailua Urban
Zone Map), Chapter 25, Article 8, of the Hawai‘i County Code 1983 (2016 edition, as
amended), which will revert the current zoning of 3.331 acres from Village Commercial-
7,500 square feet (CV-7.5) to its original Double-Family Residential-3,750 square feet
(RD-3.75) and 3.227 acres from Multiple-Family Residential-2,500 square feet (RM-2.5)
to its original Unplanned (Agricultural-5 acres) zoning district. The subject parcel is
located on the north side of Hualālai Road, approximately 1,000 feet east of its
intersection with Kuakini Highway, Hienaloli 4th & 5th, North Kona, Hawaiʻi,
TMK: 7-5-010:013.
PLANNING DIRECTOR’S REQUEST
1. Request: The owners of the subject property submitted a written request to the
Planning Director, dated June 30, 2025, to repeal Ordinance No. 19-38 with the
intent of reverting the zoning of the property to its original zoning districts
(Planning Department Exhibit 1- Request Letter). Given that there are
numerous preceding ordinances to Ordinance No. 19-38, the Planning Director is
therefore initiating a repeal of Change of Zone Ordinance Nos. 19-38, 09-50, 09-
49, 06-138, 06-137, 95-118, 92-36, 90-10, 86-49, 533 (1980), and 594 (1973), to
revert the zoning of 3.331 acres from Village Commercial-7,500 square feet (CV-
7.5) to its original Double-Family Residential-3,750 square feet (RD-3.75) and
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3.227 acres from Multiple-Family Residential-2,500 square feet (RM-2.5) to its
original Unplanned (Agricultural-5 acres) zoning district. Please note the Zoning
Code was amended in 1996 to redesignate all lands in the Unplanned district to
Agricultural-5 acres (A-5a).
2. Zoning District Purpose, Density and Uses: The applicants are essentially
requesting a “downzoning” as the current zoning designations allow up to
approximately 172 residential units and upon reversion of the property to its
original zoning district established in 1967, a maximum of 76 residential units
(including 38 ADUs) in the RD-3.75 zoned area and 4 residential units (including
3 ADUs) in the A-5a zoned area.
According to the Zoning Code, the Village Commercial district provides for a
broad range or variety of commercial and light industrial uses that are necessary
to serve the population in rural areas where the supplementary support of the
general business uses and activities of a central commercial district is not readily
available.
The Double-Family Residential district provides for moderate density use
characterized by the establishment of single or double-family dwellings on each
building site. It applies to areas with developed community facilities. It may
occupy a transitional area between RS districts and those districts having a more
intense use of land.
The 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.
The Agricultural district provides for agricultural and very low density
agriculturally based residential use, encompassing rural areas of good to
marginal agricultural and grazing land, forest land, game habitats, and areas
where urbanization is not found to be appropriate.
Requirements for establishing a land use in these zoning districts, including lists
of the variety of permitted uses, are shown in Section 25-5-120 to 128 (Planning
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Department Exhibit 2 – Zoning Code Requirements for CV District), Section
25-5-20 to 27 (Planning Department Exhibit 3 – Zoning Code Requirements
for RD District), Section 25-5-30 to 38 (Planning Department Exhibit 4 –
Zoning Code Requirements for RM District) and Section 25-5-70 to 77
(Planning Department Exhibit 5 – Zoning Code Requirements for A District )
of the Zoning Code.
3. Reason for Request: The landowners recently purchased the subject property
and do not intend to pursue the original proposed development of a 104-unit
senior independent living community. As such, the landowners wish to revert a
3.331-acre portion of the property to its original RD-3.75 zoning district to
develop a 38-unit double-family residential project. Additionally, the landowners
wish to revert a 3.227-acre portion of the property to its original Unplanned, now
A-5a zoning district to be maintained for unspecified agricultural uses and to
develop a single-family dwelling and 3 accessory dwelling units (ADUs).
Ordinance No 92-35 amended the state land use boundary district of a 3.227-
acre portion of the property from a State Land Use Agricultural District to a State
Land Use Urban District and the landowners wish to retain the existing Urban
designation.
4. Landowners: Andy/Kerry Xie Trust, Wei Lin Zhao, Eulix Chiu, Fang/Han Trust,
Fred Ming Li.
STATE AND COUNTY PLANS
5. State Land Use District: Urban.
6. General Plan Land Use Pattern Allocation Guide (LUPAG) Map Designation:
Medium Density Urban, which includes uses such as village and neighborhood
commercial and single family and multiple family residential and related functions
(multiple family residential - up to 35 units per acre).
7. County Zoning: Village Commercial-7,500 square feet (CV-7.5) and Multiple
Family Residential-2,500 square feet (RM-2.5).
8. Kona Community Development Plan (KCDP): The KCDP, originally adopted
by the Hawai‘i County Council on September 25, 2008, and most recently
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amended on September 18, 2019, identifies the property as located within the
Kona Urban Area and within the Kailua Village Redevelopment Regional Center
area.
9. Special Management Area: The subject parcel is approximately 1,100 feet from
the nearest shoreline and is not situated within the Special Management Area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
10. Subject Property: The subject, irregularly shaped property is vacant of
structures or uses and is situated on the northeast side of Hualālai Road,
approximately 1,000 feet mauka (east) of its intersection with Kuakini Highway. A
future road widening lot (Lot A-2) along the Hualālai Road frontage was
subdivided out by a previous landowner (SUB 08-000814), however, the current
landowner intends to nullify this subdivision should the request to repeal
Ordinance No. 19-38 be approved.
11. Surrounding Land Uses/Zoning: Surrounding properties are zoned Residential
(RS-10, RD-3.75, RM-2.5, RM-1), Commercial (CV-7.5), Resort (V-1.25) and
Agricultural (A-5a), with uses primarily consisting of residential, commercial and
vacant land. There is an assisted living facility on the property to the north (TMK
7-5-010:015), operating under Use Permit No. 174. The Aloha Kona Subdivision
borders the subject property to the southeast, and properties to the west contain
commercial uses including a credit union, doctor’s offices and tour operations.
TMK 7-5-009:067, located south of the subject property, was rezoned to RM-2.5
by Ordinance No. 05-074, as amended by Ordinance No 15-104, and is currently
vacant.
12. Flood Insurance Rate Map (FIRM): The property is classified as Flood Zone
“X”, an area of minimal flood hazard.
13. Flora/Fauna Resources: A formal flora or fauna survey of the property was not
conducted by the applicant as the property is in an existing urban area and
contains no known rare or endangered flora or fauna.
14. Archaeological/Cultural/Historical Resources: Historic sites were identified on
the subject property during an archeological inventory survey (AIS) in 1990,
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including a section of the Kuakini Wall and a burial site. The AIS recommended
that the sites be designated for preservation. A preservation plan, approved by
the State Historic Preservation Division (SHPD) in 1992, stipulates a 10-foot no
excavation buffer and a 20-foot no construction buffer for the burial site.
Additionally, the preservation plan states that the Kuakini Wall must be preserved
and stabilized, with the exception of a single breach for a roadway.
Subsequently, SHPD provided comments to the applicant to recommend full
implementation of preservation measures for both sites prior to initiation of
construction activities on the property (Planning Department Exhibit 6 – June
22, 2009 Letter). Additionally, SHPD noted the potential for additional site
assessments and requested installation of protective fencing around both the
burial site and the remaining sections of Kuakini Wall, to be completed prior to
approval of a grading permit. According to comments dated April 7, 2026, SHPD
has no objections to the proposed rezone repeal, however they request the
opportunity to review future projects on the subject property, which may include
providing more information with an archeological literature review, field inspection
and an AIS. The landowner has acknowledged that future permitting processes
will require consultation with SHPD.
15. Public Access: There is no designated public access to the mountain or
shoreline through the property.
UTILITIES AND SERVICES
16. Access: Access to the property is from Hualālai Road, a county-maintained
roadway with a pavement width of 20-22 feet, with no shoulders and a 50-foot-
wide right-of-way. The General Plan identifies Hualālai Road as a collector street
that requires a minimum right-of-way width of 60 feet. Several conditions
included in the rezone ordinances required the applicant to complete road
improvements, including dedication of a future road widening strip, widening and
realignment of Hualālai Road, construction of concrete curb, gutter and sidewalk,
drainage improvements, streetlights, signs and any relocation of utilities, meeting
with approval of the Department of Public Works (DPW). Additionally, access to
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the property was limited to one approach with a left turn storage lane on Hualālai
Road, except for a gated emergency access at the mauka end of the property.
By letter dated February 20, 2026, DPW notes that the requirements of
Conditions D through L of Ordinance 19-38 provide public welfare and safety and
that DPW recommends their inclusion on comparable future developments on
the subject property. The landowners have noted that they are willing to
subdivide and donate to the County the land necessary for the County to widen
Hualālai Road and provide shoulder improvements after issuance of Plan
Approval and building permits for a project as permitted by the RD-3.75 zoning
district.
17. Water: By letter dated December 12, 2008, the Department of Water Supply
(DWS) stated that the subject property had a water commitment of 50 units of
water, which included 28 units committed through previously existing service
laterals, and for which facilities charges had been paid, and another 22 units
committed through payment of a water commitment deposit (Planning
Department Exhibit 7 – December 12, 2008 Letter). In comments pertaining to
the current request, DWS notes that regarding the water commitment of 22 units,
pursuant to Rule 5 of the Department’s Rules and Regulations, the water
commitment will be forfeited with the rezone ordinance repeal, along with the
water commitment deposit. The landowners have corresponded with DWS and
are in ongoing discussions regarding water commitments for the subject
property.
18. Wastewater: Kona CDP Policy PUB-4.4 (Sewer Priorities) identifies shoreline
properties and properties within one mile of the shoreline as areas for the highest
priority of expanding the sewer system within the Kona Urban Area. The policy
states that any new subdivision within one mile of the shoreline shall either hook
up to the public sewer system or provide a private treatment system, and/or
install dry sewer lines. The policy also indicates that private wastewater collection
systems within the one-mile zone shall be designed and constructed to County
standards to enable potential connection to the County sewer system. The
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subject property is located about 0.20 miles from the shoreline and therefore will
be required to hook up to the County sewer system. Based on comments
provided for Ordinance 19-38, the Department of Environmental Management,
Wastewater Division, recommended compliance with Condition L, which required
the applicant to conduct a sewer study and make any necessary improvements
to connect the proposed project to the County sewer system.
19. Solid Waste: There are no municipal waste collection services in the County. All
solid waste generated by the subject property will require private disposal at an
approved landfill.
20. Utilities and Services: Electric, cable, and telephone services are available to
the property. Kona Community Hospital is located in Kealakekua. Police and fire
services are located in Kealakehe and Kailua-Kona.
AGENCY COMMENTS
21. Department of Water Supply (Planning Department Exhibit 8 – February 6,
2026 Letter)
22. Office of Housing and Community Development (Planning Department
Exhibit 9 –February 18, 2026 Letter)
23. Department of Public Works – Engineering Division (Planning Department
Exhibit 10 – February 20, 2026 Memo)
24. Department of Land and Natural Resources – State Historic Preservation
Division (Planning Department Exhibit 11 – April 7, 2026 Letter)
LANDOWNERS’ RESPONSE TO AGENCY COMMENTS
25. Letter from Landowners in Response to Multiple Agency Comments (Planning
Department Exhibit 12 – April 9, 2026 Letter)
PUBLIC COMMENTS
26. As of the time of this writing, the Planning Department has received no public
comments regarding this request.
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL:
June 30, 2025
Mr. Jeffrey Darrow, Planning Director
County of Hawaiʻi Planning Department
101 Pauahi Center, Suite 3
Hilo, HI 96720
Dear Director Darrow:
Subject: Repeal of Change of Zone Ordinance No. 19-38 to allow for reversion of zoning
districts of 6.467 acres of land to its original zoning district designations of RD-3.75
and A-5a (formerly Unplanned)
Landowners: Andy Xie and Kerry Xie as Trustees of the Andy and Kerry Xie Family Trust;
Fred Ming Li; Jack Qun Fang and Bo Han as Co-trustees of the Fang/Han Living
Trust, U/A; Wei Lin Zhao; and Eulix Chiu
TMK: 7-5-010:013 (Lots A-1 & A-2 Road Widening Lot), Hienaloli 4th & 5th, North Kona
The undersigned owners of the above-described property hereby authorize the submittal
of this letter requesting the repeal of Ordinance No. 19 38 to allow for the reversion of the
current zoning districts affecting said properties with a combined land area of 6.558 acres to its
original zoning districts of Double Family Residential-3,750 square feet of land area per unit
(RD-3.75) and Agricultural-minimum lot size of 5 acres (A-5a).
More specifically, the requested repeal of Ordinance No. 19 38 will result in 3.227 acres
reverting from RM-2.5 to A-5a (previously Unplanned) and 3.331 acres from CV-7.5 to RD-
3.75.
Reason for Request
The landowners, who recently purchased the subject properties, have no desire to amend
the performance deadlines within Ordinance No. 19-38 in order to pursue the original proposed
development of a 104-unit senior independent living community.
Upon careful consideration, the landowners wish to revert a 3.331-acre portion of the
subject property to its original RD-3.75 zoning in order to pursue the development of a 37-unit
double-family (duplex) residential project.
For that 3.227-acre portion of the subject property reverted to the A-5a zoning district,
the landowners will maintain this portion as a single agricultural parcel. This same portion of the
COUNTY OF HAWAl'I STATE OF HAWAl'I
ORDINANCE NO. ------19 aSJILL NO. __ 23 __
(DRAFT 2)
AN ORDINANCE AMENDING: (1) ORDINANCE NO. 09-049, WHICH AMENDED
ORDINANCE NO. 95-118, WHICH AMENDED ORDINANCE NO. 92-036, WHICH
RECLASSIFIED LANDS FROM UNPLANNED (U) AND DOUBLE-FAMILY RESIDENTIAL
-3,750 SQUARE FEET (RD-3.75) TO MULTIPLE FAMILY RESIDENTIAL -2,500
SQUARE FEET (RM-2.5) AND VILLAGE COMMERCIAL-7,500 SQUARE FEET (CV-7.5),
RESPECTIVELY, AT HIENALOLI 4TH AND 5TH, NORTH KONA, HAWAI'I, TAX MAP
KEY: 7-5-010: PORTION OF 013 (FORMERLY 7-5-023:063); AND (2) ORDINANCE NO.
09-050, WHICH AMENDED ORDINANCE NO. 06-138, WHICH AMENDED ORDINANCE
NO. 90-010, WHICH AMENDED ORDINANCE NO. 86-049, WHICH RECLASSIFIED
LANDS FROM MULTIPLE FAMILY RESIDENTIAL-2,000 SQUARE FEET (RM-2) TO
VILLAGE COMMERCIAL-7,500 SQUARE FEET (CV-7.5) AT HIENALOLI 5TH AND
6TH, NORTH KONA, HAWAI'I, TAX MAP KEY: 7-5-010: PORTION OF 013 (FORMERLY
7-5-023 :064 AND 067).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA WAI'I:
SECTION 1. Section 1 and Section 2 of Ordinance No. 92-036 are repealed.
SECTION 2. Section 1 of Ordinance No. 86-049 is repealed.
SECTION 3. The district classification of the following area situated at Hienaloli 4th
North Kona, Hawai'i shall be Multiple Family Residential (RM-2.5):
Beginning at the Southwesterly comer of this parcel of land, being also a point
on the Northerly boundary of Lot 375 of Aloha Kona Subdivision (File Plan 871),
the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAILUA (NORTH MERIDIAN)" being 1,994.27 feet South
and 2,638.27 feet East and running by azimuths measured clockwise from True
South:
Thence, for the next seven (7) courses following along the remainders of Lot
A-1 and Royal Patent 1600 and 1930 to Asa Thurston, Land Commission
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Award 3 87, Part 4, Section 2 to the American Board of Commissioners for
Foreign Missions:
1. 160° 09' 29.34 feet along stonewall to a point;
2. 172° 05' 19.70 feet partially along stonewall to a
point;
3. 164° 48' 25.00 feet to a point;
4. 156° 40' 58.10 feet partially along stonewall to a
point;
5. 141° 07' 50.20 feet along stonewall to a point;
6. 146° 49' 35.90 feet along stonewall to a point;
7. 172° 31' 42.02 feet along stonewall to a point;
8. 257° 55' 2.01 feet along stonewall and along
Royal Patent 7904, Land
Commission Award 4226 to Kuae
to a spike (found);
9. 165° 21' 3.56 feet along stonewall and along Royal
Patent 7904, Land Commission
Award 4226 to Kuae to a 1/2 inch
pipe (found);
10. 252° 39' 30" 443.06 feet along Land Commission Award
7716, Apana 5 to R. Keelikolani to a
point;
11. 259° 46' 6.16 feet along Land Commission Award
7716, Apana 5 to R. Keelikolani to a
1/2 inch pipe in concrete (found);
12. 252° 40' 5.36 feet along Land Commission Award
7716, Apana 5 to R. Keelikolani to a
point;
Thence, for the next four ( 4) courses following along the Southerly side of the
Keopu Channel Improvement Parcel 17 (County of Hawaii, Owner):
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13. 317° 24' 30" 73.20 feet to a point;
Thence, following on a curve to the left with a radius of 150.00 feet, the chord
azimuth and distance being:
14. 305° 09' 30" 63.65 feet to a 1/2 inch pipe (found);
15. 292° 54' 30" 197.59 feet to a point;
16. 342° 48' 16.26 feet to a 1/2 inch pipe (found);
17. 72° 51' 37" 642.08 feet along Lots 361, 362, 363, 364,
365, 371, 372, 373, 374 and 375 of
Aloha Kona Subdivision (File Plan
871) and along Land Commission
Award 8524-B, Part 3 to Peke to a
rebar in concrete (found);
18. 80° 55' 37" 11.25 feet along Lot 375 of Aloha Kona
Subdivision (File Plan 871) and
along Land Commission A ward
8524-B, Part 3 to Peke to the point of
beginning and containing an area of
3 .227 Acres.
SECTION 4. The district classification of the following area situated at Hienaloli 4th
North Kona, Hawai'i shall be Village Commercial (CV-7.5):
1.
Beginning at a 112 inch pipe (found) at the Northwesterly comer of this parcel
of land, being also the Northeasterly comer of Lot A-2 (Road Widening Lot) and
being an angle on the Northeasterly side of Hualalai Road, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "KAILUA
(NORTH MERIDIAN)" being 2,004.99 feet South and 2,083.75 feet East and
running by azimuths measured clockwise from True South:
239° 05' 449.95 feet along Lot 1 and along Land
Commission Award 7716, Apana 5
to R. Keelikolani to a 1/2 inch pipe
in concrete (found);
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2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
257° 55' 71.20 feet partially along stonewall and
along Royal Patent 7904, Land
Commission Award 4226 to Kuae to
a point;
Thence, for the next seven (7) courses following along the remainder of Lot
A-1 and along the remainder of Royal Patent 1600 and 1930 to Asa Thurston,
Land Commission Award 3 87, Part 4, Section 2 to the American Board of
Commissioners for Foreign Missions:
352° 31' 42.02 feet along stonewall to a point;
326° 49' 35.90 feet along stonewall to a point;
321° 07' 50.20 feet along stonewall to a point;
336° 40' 58.10 feet partially along stonewall to a
point;
344° 48' 25.00 feet along stonewall to a point;
352° 05' 19.70 feet along stonewall to a point;
340° 09' 29.34 feet along stonewall to a point;
80° 55' 37" 69.16 feet along Lot 3 7 6 of Aloha Kona
Subdivision (File Plan 871) and
along Land Commission Award
8524-B, Part 3 to Peke to a 1/2 inch
pipe in concrete (found);
342° 04' 37" 110.94 feet along Lot 3 7 6 of Aloha Kona
Subdivision (File Plan 871) and
along the remainder of Land
Commission Award 8524-B, Part 3
to Peke to a point;
Thence, for the next six (6) courses following along Lot A-2 (Road
Widening Lot):
00' 40" 105.80 feet along the remainders of Land
Commission Award 8524-B, Part 3
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13.
14.
15.
16.
17.
to Peke and Grant S-15700 to James
F. Boe to a point;
Thence, following along the remainder of Grant S-15700 to James F. Boe on a
curve to the right with a radius of
470.00 feet, the chord azimuth and
distance being:
80° 57' 05"
89° 53' 30"
146.08
86.32
feet to a point;
feet along the remainder of Grant
S-15700 to James F. Boe to a point;
Thence, from a tangent azimuth of 101 ° 22' 20" following along the
remainders of Grant S-15700 to
James F. Boe, Land Commission
Award 8524-B, Part 3 to Peke and
Royal Patent 1600 and 193 0 to Asa
Thurston, Land Commission Award
387, Part 4, Section 2 to the
American Board of Commissioners
for Foreign Missions on a curve to
the right with a radius of 250.00 feet,
the chord azimuth and distance
being:
122° 49' 182.80 feet to a point;
144° 15' 40" 17.58 feet along the remainder of Royal
Patent 1600 and 1930 to Asa
Thurston, Land Commission A ward
387, Part 4, Section 2 to the
American Board of Commissioners
for Foreign Missions to a point;
152° 21' 54.43 feet along the remainder of Royal
Patent 1600 and 193 0 to Asa
Thurston, Land Commission Award
387, Part 4, Section 2 to the
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American Board of Commissioners
for Foreign Missions to the point of
beginning and containing an area of
3 .240 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by
reference made a part hereof.
SECTION 5. Section 1 of Ordinance No. 09-049 is repealed.
SECTION 6. Section 1 of Ordinance No. 09-050 is repealed.
SECTION 7. In accordance with Section 25-2-44, Hawai'i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
( 1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, successors, or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. [The required v1ater commitment payment shall be submitted to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within one hundred eighty (180) days from the effective date
of this amendment.] Prior to the issuance of a water commitment by the
Department of Water Supply (DWS), the applicant shall submit the anticipated
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maximum daily water usage calculations as prepared by a professional engineer
licensed in the State ofHawai'i to the DWS. A water commitment deposit shall
be paid to the DWS within 180 days from the effective date of this ordinance in
accordance with Rule 5 of the Department of Water Supply's Rules and
Regulations for the initial commitment of 50 units of water. The applicant shall
obtain water commitments to develop the requested number of residential units
prior to submitting plans for Final Plan Approval for any portion of the project.
The applicant is responsible for maintaining valid water commitments to support
the proposed use until such time that required water facilities charges are paid in
full.
C. Construction of the proposed development as substantially represented by the
applicant as an independent senior living facility, or as permitted by its zoning
district classification shall be completed within five ( 5) years from the effective
date of this [additional amendment] ordinance. Prior to construction, the
applicant, successors or assigns shall secure Final Plan Approval for the amended
proposed development from the Planning Director in accordance with Section 25-
2-70, Chapter 25 (Zoning Code), Hawai 'i County Code.
D. A future road widening strip along the Hualalai Road project frontage as
determined by the Department of Public Works shall be [subdivided and]
dedicated to the County [v1ithin two years from the effective date of this
amendment ]prior to the issuance of a Certificate of Occupancy.
E. The applicant shall realign and provide collector street improvements to the entire
project frontage along Hualalai Road consisting of, but not limited to, right-of-
way and pavement reconstruction and widening with concrete curb, gutter and
sidewalk, drainage improvements, streetlights, signs and markings and any
relocation of utilities, meeting with the approval of the Department of Public
Works. The widened and improved area shall provide for opposing left tum lanes
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along with any necessary pavement transitions[-;] , unless otherwise approved by
the Department of Public Works. The applicant shall construct the additional
improved street right-of-way at no cost to the County, prior to receipt of a
Certificate of Occupancy.
F. Access to Hualalai Road shall be limited to one approach, located as approved by
the Department of Public Works. An additional gated access should be provided
at the mauka end of the property to the existing County flood control access road
for emergency access purposes and be gated. The applicant shall provide a left
tum storage lane on Hualalai Road to the subject property prior to the issuance of
a Certificate of Occupancy[-;] , unless otherwise approved by the Department of
Public Works. All sight distances to the approach shall meet the requirements of
the Hawai'i Statewide Uniform Design Manual (AASHTO).
G. Any utility poles in the road right-of-way shall be installed as shown on DPW
Standard Detail R-35 (Revised). The applicant shall provide any necessary
easements for installation of such utilities.
H. Any vehicular security gate shall be located a minimum of 60 feet (exclusive of
gate swing) from the proposed Hualalai Road right-of-way with a turnaround on
the County road side of the gate. This 60-foot requirement shall not apply to the
emergency access.
I. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
J. A drainage study shall be prepared by a licensed civil engineer and submitted to
the Department of Public Works. The recommended drainage system shall be
constructed, meeting with the approval of the Department of Public Works, prior
to the issuance of a Certificate of Occupancy.
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K. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control of the Hawai'i County Code.
L. Comply with Chapter 11-55, Water Pollution Control, Hawai'i Administrative
Rules, Department of Health, which requires a NPDES permit for certain
construction activity.
[K:; ]M. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management prior to the issuance of a Certificate of Occupancy.
[h ]N. The Department of Environmental Management requires the submittal of a sewer
study by the applicant to the County of Hawai'i, Wastewater Division (COH-
WWD). The sewer study is intended to define the wastewater flow contribution
from the proposed development, evaluate the impact to the existing County-
owned sewer system and if necessary, propose an upgrade of the private 8-inch
sewer line serving the proposed development based on the results of the sewer
study. The sewer study shall be prepared in accordance with the City & County of
Honolulu Design Standards. If applicable, design plans for construction of a new
sewer extension shall also be submitted to the COH-WWD for review and
approval. If the private sewer line is intended to be dedicated to the County of
Hawai'i, as-built plans of the private 8-inch line and details of the new connection
to the sewer line shall be submitted to the COH-WWD for review and approval.
Documents shall be prepared in accordance with Hawai'i County Code Chapter
21-Sewers, Hawai'i Administrative Rules, Title 11, Chapter 62-Wastewater
Systems, and COH-WWD Sewer Standards.
0. Prior to the initiation of construction work or ground disturbance on the property,
or prior to receipt of Final Plan Approval, whichever occurs first, the applicant
shall assess the additional features at Site 13673 that were found during a
-9-
May 20, 2009 SHPD site visit and submit an appropriate report to SHPD, which
may include an updated AIS, for its approval, and implement preservation and
burial treatment measures as approved by the State Historic Preservation Division
in the 1992 Preservation Plan, or a revised Preservation Plan.
[M; ]P. [Should any remains of historic sites such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources
State Historic Preservation Division (DLNR HPD) shall be immediately notified.
Subsequent v;ork shall proceed upon an archaeological clearance from DLNR
HPD 1vVhen it finds that sufficient mitigation measures have been taken.] In the
unlikely event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, cease work in the
immediate vicinity of the find, protect the find from additional disturbance and
contact the State Historic Preservation Division at (808) 933-7651. Subsequent
work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
~ ]~ The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall become
due and payable prior to receipt of Final Plan Approval [or within five years from
the effective date of this amended change of zone ordinance, whichever occurs
first]. The fair share contribution for each lot shall be based on the actual number
of residential units developed. The fair share contribution in a form of cash, land,
facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three years after
the effective date of the amendment to the ordinance, based on the percentage
-10-
change in the Honolulu Consumer Price Index (HCPI). The fair share
contribution shall have a maximum combined value of [$7,383.36)$9,195.34 per
multiple family residential unit ([$11,506.13)$14,329.89 per single family
residential unit). The total amount shall be determined by the actual number of
units according to the calculation and payment provisions set forth in this
condition. The fair share contribution per multiple-family residential unit (single
family residential unit) shall be allocated as follows:
1. [$3,642.00)$4,535.80 per multiple family residential unit
([$5,548.46)$6,910.13 per single family residential unit) to the County to
support park and recreational improvements and facilities;
2. [$115.11)$143.36 per multiple family residential unit ([$267.66)$333.35
per single family residential unit) to the County to support police facilities;
3. [$354.08)$440.97 per multiple family residential unit ([$528.66)$658.40
per single family residential unit) to the County to support fire facilities;
4. [$158.81 ]$196.54 per multiple family residential unit ([$231.45)$288.25
per single family residential unit) to the County to support solid waste
facilities;
5. [$3,114.36)$3,878.67 per multiple family residential unit
([$4,929.90)$6,139.77 per single family residential unit) to the County to
support road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/ or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
-11-
County Council; provided however, that the cost of providing and constructing the
improvements required in Conditions D and E may be credited against the sum
specified in Condition ~]@for road and traffic improvements.
[G-;]R. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
[~]S. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawai 'i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Plan Approval.
[Q;]T. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of this amendment. The report shall address
the status of the development and the extent to which the conditions of approval
are being satisfied. This condition shall remain in effect until all of the conditions
of approval have been satisfied and the Planning Director acknowledges that
further reports are not required.
[It-]U. Comply with all applicable County, State and Federal laws, rules, regulations and
requirements.
V. If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the Planning Commission and the
Hawai' i County Council for appropriate action.
-12-
W. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 8. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 9. This ordinance shall take effect upon its approval.
Hilo , Hawai'i
Date of Introduction: March 13, 2019
Date of 1st Reading: March 28, 2019
Date of 2nd Reading: April 10, 2019
Effective Date: April 25, 2019
REFERENCE Comm. __ 9_2_· 3 __
COUNCIL MEMBER, COUNTY OF HA WAI'I
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CN-20
N • 0
A-5a
A-5a
A-5a
RM-4
RM-4
A-la
RM-2 RM-2
-----c::=========-----------===================::=:JFeet 0 500 1,000 2,000
AMENDED MAP TO REPLACE ZONING MAPS FOR
ORDINANCE NO. 92-036 AND ORDINANCE NO. 86-049,
BOTH LABELED AND REFERRED TO AS "EXHIBIT A"
MAP PREPARED BY:
3,000
TMK: (3) 7-5-010:013 COUNTY OF HAWAl'I, PLANNING DEPARTMENT DATE: May18, 2017
EXHIBIT "A" T&M Prop. LLC
Map: 1391
OFFICE OF THE COUNTY CLERK
County of Hawai'i
Hilo, Hawai'i
(Draft 2)
Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: March 13, 2019 AYES NOES
First Reading: March 28, 2019 Chung x
Published: April 6, 2019 David x
Eoff x
RE: MARKS: Postponed: March 13, 2019 Kaneali 'i-Kleinfelder x
Kierkiewicz x
Lee Loy x
Poindexter
Richards x
Villegas x
Second Reading: Apr i 1 10 , 2019 8 0
To Mayor: April 18, 2019
Returned: April 26, 2019 ROLL CALL VOTE
Effective: April 25, 2019
Published: May 11, 2019 AYES NOES
Chung x
REMARKS: David x
Eoff x
Kaneali' i-Kleinfe Ider x
Kierkiewicz x
Lee Loy x
Poindexter x
Richards x
Villegas x
9 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
cr;;;;;;;;;;Disapproved this ___ B_5_th ____ day
Aeri 1 , 2o 11
ABS
x
1
ABS
0
Bill No.: 23 (Draft 2)
Reference: C-92.3/PC-9
Ord No.: 1.9 38
EX
0
EX
0
ZONING § 25-5-115
25-107
Section 25-5-115. Minimum building site average width.
Each building site in the CG district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-115
Section 25-5-116. Minimum yards.
The minimum yards in the CG 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.)25-5-116
Section 25-5-117. Landscaping of yards.
(a) All front yards in the CG 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 CG 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 12.)25-5-117
Section 25-5-118. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CG district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CG 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 13; am 2015,
ord 15-33, sec 4.)25-5-118
Division 12. CV, Village Commercial Districts.
Section 25-5-120. Purpose and applicability.
The CV (village commercial) district provides for a broad range or variety of
commercial and light industrial uses that are necessary to serve the population in rural
areas where the supplementary support of the general business uses and activities of a
central commercial district is not readily available.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-120
§ 25-5-121 HAWAI‘I COUNTY CODE
25-108
UNOFFICIAL ADVANCE SHEET – Updated on September 22, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
Section 25-5-121. Designation of CV districts.
Each CV (village commercial) district shall be designated by the symbol “CV”
followed by a number which indicates the minimum land area, in number of thousands
of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-121
Section 25-5-122. Permitted uses.
(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Apiaries.
(4) Art galleries, museums.
(5) Automobile sales and rentals.
(6) Automobile service stations.
(7) Bars.
(8) Bed and breakfast establishments, as permitted under section 25-4-7.
(9) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(10) Business services.
(11) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(12) Commercial parking lots and garages.
(13) Convenience stores.
(14) Crematoriums, funeral homes, funeral services, and mortuaries.
(15) Crop production.
(16) Day care centers.
(17) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(18) 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.
(19) Dwellings, single-family.
(20) Family child care homes.
(21) 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.
(22) Financial institutions.
ZONING § 25-5-122
25-109
UNOFFICIAL ADVANCE SHEET – Updated on September 22, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
(23) Group living facilities.
(24) Home occupations, as permitted under section 25-4-13.
(25) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(26) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(27) Laboratories, medical and research.
(28) Lodges.
(29) Manufacturing, processing and packaging light and general, except for
concrete or asphalt products, where the products are distributed to retail
establishments located in the immediate community, as approved by the
director.
(30) Medical clinics.
(31) Meeting facilities, including special events, as permitted under section
25-4-17.
(32) Model homes, as permitted under section 25-4-8.
(33) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(34) Offices.
(35) Personal services.
(36) Photography 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
shops, which are designed to primarily serve the local area.
(39) Repair establishments, major, when there are not more than five employees,
as approved by the director.
(40) Repair establishments, minor.
(41) Restaurants.
(42) Retail establishments.
(43) Schools.
(44) Short-term vacation rentals.
(45) Special events.
(46) Telecommunication antennas and towers, 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.
§ 25-5-122 HAWAI‘I COUNTY CODE
25-110
UNOFFICIAL ADVANCE SHEET – Updated on September 22, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
(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; am 2024, ord
24-65, secs 7 and 10; am 2025, ord 25-55, sec 12; ord 25-66, sec 21.)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
ZONING § 25-5-128
25-111
UNOFFICIAL ADVANCE SHEET – Updated on September 22, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
Section 25-5-128. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CV district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CV district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 15; am 2015,
ord 15-33, sec 4.)25-5-128
Division 13. MCX, Industrial-Commercial Mixed Districts.
Section 25-5-130. Purpose and applicability.
The purpose of the MCX (industrial-commercial mixed use) district is to allow
mixing of some industrial uses with commercial uses. The intent of this district is to
provide for areas of diversified businesses and employment opportunities by permitting
a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy
environments. This district is intended to promote and maintain a viable mix of light
industrial and commercial uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-130
Section 25-5-131. Designation of MCX districts.
Each MCX (industrial-commercial mixed use) district shall be designated by the
symbol “MCX” followed by a number which indicates the minimum land area, in
number of thousands of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-131
Section 25-5-132. Permitted uses.
(a) The following uses shall be permitted in the MCX district:
(1) Agricultural products processing, minor.
(2) Amusement and recreation facilities, indoor.
(3) Apiaries.
(4) Art galleries, museums.
(5) Art studios.
(6) Automobile sales and rentals.
(7) Automobile service stations.
(8) Bars, nightclubs and cabarets.
(9) Broadcasting stations.
(10) Business services.
(11) Car washing.
(12) Catering establishments.
(13) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
§ 25-5-20 HAWAI‘I COUNTY CODE
25-76
UNOFFICIAL ADVANCE SHEET – Updated on December 9, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
Division 2. RD, Double-Family Residential Districts.
Section 25-5-20. Purpose and applicability.
The RD (double-family residential) district provides for moderate density use
characterized by the establishment of single or double-family dwellings on each building
site. It applies to areas with developed community facilities. It may occupy a
transitional area between RS districts and those districts having a more intense use of
land.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-20
Section 25-5-21. Designation and density of RD districts.
Each RD (double-family residential district) shall be designated on the zoning map
by the symbol “RD” followed by the number “3.75” which requires that the minimum
land area for each dwelling unit shall be three thousand seven hundred fifty square
feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-21
Section 25-5-22. Permitted uses.
(a) The following uses shall be permitted in the RD district:
(1) Adult day care homes.
(2) Apiaries.
(3) Bed and breakfast establishments as permitted under section 25-4-7.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Crop production.
(6) Dwellings, double-family or duplex.
(7) Dwellings, single-family.
(8) Family child care homes.
(9) Group living facilities.
(10) Home occupations, as permitted under section 25-4-13.
(11) Household henneries, as permitted under section 25-4-18.
(12) Meeting facilities, as permitted under section 25-4-17.
(13) Model homes, as permitted under section 25-4-8.
(14) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(15) Public uses and structures, as permitted under section 25-4-11.
(16) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(17) Telecommunication antenna and towers, as permitted under section 25-4-12.
(18) Temporary real estate offices, as permitted under section 25-4-8.
(19) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the RD district, provided that a use permit is issued for each
use:
(1) Care homes.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
ZONING § 25-5-22
25-77
UNOFFICIAL ADVANCE SHEET – Updated on December 9, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
(3) Day care centers.
(4) 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.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Medical clinics.
(7) Schools.
(8) Special events.
(9) 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; am 2024, ord 24-65, secs 7 and 10; am 2025, ord 25-55, secs 8 and 9; ord 25-66,
sec 11; ord 25-85, sec 3.)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.
§ 25-5-26 HAWAI‘I COUNTY CODE
SUPP. 17 (1-2025)25-78
(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) An accessory dwelling unit may be located on any building site in the RD district,
as permitted under article 6, division 3 of this chapter.
(e) 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; am 2024, ord 24-70, sec 9.)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
ZONING § 25-5-32
25-79
UNOFFICIAL ADVANCE SHEET – Updated on December 9, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
Section 25-5-32. Permitted uses.
(a) The following uses shall be permitted in the RM district:
(1) Adult day care homes.
(2) Apiaries.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses.
(5) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(6) 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.
(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) Household henneries, as permitted under section 25-4-18.
(15) Meeting facilities, as permitted under section 25-4-17.
(16) Model homes, as permitted under section 25-4-8.
(17) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(18) Public uses and structures, as permitted under section 25-4-11.
(19) 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.
(20) Telecommunication antenna and towers, as permitted under section 25-4-12.
(21) Temporary real estate offices, as permitted under section 25-4-8.
(22) 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.
(23) 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) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Day care centers.
§ 25-5-32 HAWAI‘I COUNTY CODE
25-80
UNOFFICIAL ADVANCE SHEET – Updated on December 9, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
(4) 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.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Medical clinics.
(7) Schools.
(8) Special events.
(9) 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; am 2024, ord 24-65, secs 7 and 10; am 2025, ord 25-55, secs 8 and 9; ord 25-66,
sec 12; ord 25-85, sec 3.)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.
(1996, ord 96-160, sec 2; ratified April 6, 1999, am 2005, ord 05-155, sec 4.)25-5-37
ZONING § 25-5-38
25-81 SUPP. 17 (1-2025)
Section 25-5-38. Other regulations.
(a) There may be more than one main building on any building site in the RM district.
(b) Distance between main buildings on the same building site in the RM district shall
be at least fifteen feet.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RM district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the RM district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 5; am 2015,
ord 15-33, sec 4.)25-5-38
Division 4. RCX, Residential-Commercial Mixed Use Districts.
Section 25-5-40. Purpose and applicability.
The RCX (residential-commercial mixed use) district provides for the mixing of
some small-scale service type commercial uses in a district that is primarily residential
in character. The intent of this district is to allow a residential area to have certain
convenience type of commercial uses so as to provide more of a neighborhood character
to the residential area.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-40
Section 25-5-41. Designation and density of RCX districts.
(a) Each RCX (residential-commercial mixed use) district shall be designated on the
zoning map by the symbol “RCX” followed by a number which indicates the
required land area, in thousands of square feet for each dwelling unit, or for each
separate rentable unit in the case of boarding, rooming, or lodging houses,
fraternity or sorority houses, or for each commercial unit.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the
RCX district.
(c) The maximum density designation in the RCX district shall be .75 which means
seven hundred fifty square feet of land area per dwelling unit or separate rentable
unit.
(d) In the RCX district the following density designations shall be used: .75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-41
Section 25-5-42. Permitted uses.
(a) The following uses shall be permitted in the RCX district:
(1) Adult day care homes.
(2) Apiaries.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses.
§ 25-5-26 HAWAI‘I COUNTY CODE
SUPP. 17 (1-2025)25-78
(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) An accessory dwelling unit may be located on any building site in the RD district,
as permitted under article 6, division 3 of this chapter.
(e) 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; am 2024, ord 24-70, sec 9.)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
ZONING § 25-5-32
25-79
UNOFFICIAL ADVANCE SHEET – Updated on December 9, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
Section 25-5-32. Permitted uses.
(a) The following uses shall be permitted in the RM district:
(1) Adult day care homes.
(2) Apiaries.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses.
(5) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(6) 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.
(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) Household henneries, as permitted under section 25-4-18.
(15) Meeting facilities, as permitted under section 25-4-17.
(16) Model homes, as permitted under section 25-4-8.
(17) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(18) Public uses and structures, as permitted under section 25-4-11.
(19) 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.
(20) Telecommunication antenna and towers, as permitted under section 25-4-12.
(21) Temporary real estate offices, as permitted under section 25-4-8.
(22) 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.
(23) 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) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Day care centers.
§ 25-5-32 HAWAI‘I COUNTY CODE
25-80
UNOFFICIAL ADVANCE SHEET – Updated on December 9, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
(4) 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.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Medical clinics.
(7) Schools.
(8) Special events.
(9) 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; am 2024, ord 24-65, secs 7 and 10; am 2025, ord 25-55, secs 8 and 9; ord 25-66,
sec 12; ord 25-85, sec 3.)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.
(1996, ord 96-160, sec 2; ratified April 6, 1999, am 2005, ord 05-155, sec 4.)25-5-37
ZONING § 25-5-38
25-81 SUPP. 17 (1-2025)
Section 25-5-38. Other regulations.
(a) There may be more than one main building on any building site in the RM district.
(b) Distance between main buildings on the same building site in the RM district shall
be at least fifteen feet.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RM district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) Exceptions to the regulations for the RM district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 5; am 2015,
ord 15-33, sec 4.)25-5-38
Division 4. RCX, Residential-Commercial Mixed Use Districts.
Section 25-5-40. Purpose and applicability.
The RCX (residential-commercial mixed use) district provides for the mixing of
some small-scale service type commercial uses in a district that is primarily residential
in character. The intent of this district is to allow a residential area to have certain
convenience type of commercial uses so as to provide more of a neighborhood character
to the residential area.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-40
Section 25-5-41. Designation and density of RCX districts.
(a) Each RCX (residential-commercial mixed use) district shall be designated on the
zoning map by the symbol “RCX” followed by a number which indicates the
required land area, in thousands of square feet for each dwelling unit, or for each
separate rentable unit in the case of boarding, rooming, or lodging houses,
fraternity or sorority houses, or for each commercial unit.
(b) In case any of the permitted uses have dormitories, two beds shall be equivalent to
one separate rentable unit for purposes related to the required land area in the
RCX district.
(c) The maximum density designation in the RCX district shall be .75 which means
seven hundred fifty square feet of land area per dwelling unit or separate rentable
unit.
(d) In the RCX district the following density designations shall be used: .75, 1, 1.5, 2,
2.5, 3, 3.5, 4 and upward in 0.5 increments.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-41
Section 25-5-42. Permitted uses.
(a) The following uses shall be permitted in the RCX district:
(1) Adult day care homes.
(2) Apiaries.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses.
ZONING § 25-5-67
25-91 SUPP. 17 (1-2025)
(e) Exceptions to the regulations for the FA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(f) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is used for minor agricultural products processing.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4; am 2024, ord
24-70, sec 8.)25-5-67
Division 7. A, Agricultural Districts.
Section 25-5-70. Purpose and applicability.
The A (agricultural) district provides for agricultural and very low density
agriculturally-based residential use, encompassing rural areas of good to marginal
agricultural and grazing land, forest land, game habitats, and areas where urbanization
is not found to be appropriate.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-70
Section 25-5-71. Designation of A districts.
Each A (agricultural) district shall be designated on the zoning map by the symbol
“A” followed by a number together with the lower case letter “a” which indicates the
required or minimum number of acres for each building site. For example, A-10a means
an agricultural district with a minimum building site area of ten acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-71
Section 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Apiaries.
(6) Aquaculture.
(7) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(8) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(9) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(10) Crop production.
(11) Dwelling, single-family, as permitted under chapter 205, Hawai‘i Revised
Statutes and as permitted under section 25-5-77(b).
(12) Farm dwellings, as permitted under section 25-5-77(b) and (c).
§ 25-5-72 HAWAI‘I COUNTY CODE
25-92
UNOFFICIAL ADVANCE SHEET – Updated on September 22, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
(13) Fertilizer yards utilizing only manure and soil, for commercial use.
(14) Forestry.
(15) Game and fish propagation.
(16) Group living facilities.
(17) Kennels.
(18) Livestock production, provided that piggeries and pen feeding of livestock shall
only be located on sites approved by the State department of health and the
director, and must be located no closer than one thousand feet away from any
major public street or from any other zoning district.
(19) Public uses and structures which are necessary for agricultural practices.
(20) Retention, restoration, rehabilitation, or improvement of building or sites of
historic or scenic interest.
(21) Riding academies, and rental or boarding stables.
(22) Roadside stands for the sale of agricultural products grown on the premises.
(23) Telecommunication antenna and towers, as permitted under section 25-4-12.
(24) Utility substations, as permitted under section 25-4-11.
(25) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing
and livestock production.
(26) Veterinary establishments.
(27) Wind energy facilities.
(b) The following uses may be permitted in the A district, provided that a use permit is
issued for each use:
(1) Golf courses and related golf course uses, including golf course 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.
(c) The following uses may be permitted in the A district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Airfields, heliports, and private landing strips.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Excavation or removal of natural building material or minerals, for
commercial use.
(5) Family child care homes.
(6) Guest ranches.
(7) Home occupations, as permitted under section 25-4-13.
(8) Lodges.
(9) Model homes, as permitted under section 25-4-8.
(10) Public dumps.
ZONING § 25-5-72
25-93
UNOFFICIAL ADVANCE SHEET – Updated on September 22, 2025.
Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026).
(11) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(12) Temporary real estate offices, as permitted under section 25-4-8.
(13) 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.
(14) 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) Day care centers.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Medical clinics.
(7) Meeting facilities, including special events, as permitted under section
25-4-17.
(8) Schools.
(9) Special events.
(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;
am 2021, ord 21-26, sec 10; am 2024, ord 24-65, secs 7, 8, and 10; am 2025, ord 25-55,
secs 8 and 9; ord 25-66, sec 16.)25-5-72
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
§ 25-5-75 HAWAI‘I COUNTY CODE
25-94
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.
ZONING § 25-5-77
25-95 SUPP. 17 (1-2025)
(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 accessory dwelling unit may be located on any building site in the A district, as
permitted under article 6, division 3 of this chapter.
(e) Exceptions to the regulations for the A district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4; am 2024, ord
24-70, sec 8.)25-5-77
Division 8. IA, Intensive Agricultural Districts.
Section 25-5-80. Purpose and applicability.
The IA (intensive agricultural) district provides for the preservation of important
agricultural lands as provided for in the general plan and characterized by a mix of
small and large scale commercial farms and other agricultural operations which may
include residential use in the form of farm dwellings closely tied to intensive
agricultural use. The lands in the IA district are those lands which have the soil,
quality, growing season, and moisture supply needed to sustain high yields of crops
generally or of specific crops of statewide or local importance when managed according
to modern farming methods. All IA districts shall be located within the State land use
agricultural or conservation district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-80
Section 25-5-81. Designation of IA districts.
The IA (intensive agricultural) district shall be designated by the symbol “IA”
followed by a number together with the lower case letter “a” which indicates the
required or minimum number of acres for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-5-81
Section 25-5-82. Permitted uses.
(a) The following uses shall be permitted in the IA district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Apiaries.
(5) Aquaculture.
(6) Cemeteries, as permitted under chapter 6, article 1 of this Code.
(7) Crop production.
(8) Farm dwellings, as permitted under sections 25-5-87(b) and (c).
(9) Forestry.
County of Hawaii is an Equal Opportunity Provider and Employer
DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII
HILO, HAWAII
DATE: February 20, 2026
Memorandum
TO: Jeffrey W. Darrow, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: PLANNING DIRECTOR INITIATED (PL-PDI-2026-000015) TO REPEAL CHANGE OF ZONE ORDINANCE NO. 19-038 (REZ 17-000220)
Landowners: Andy and Kerry Xie Trust, Wei Lin Zhao, Eulix Chiu, Fand nd
Han Trust and Fred Ming Li TMK: 7-5-010:013
We have reviewed the subject request dated January 21, 2026, and offer the following
comments: Hualalai Road is a County Road with a substandard right-of-way where it fronts portions of the subject property. We believe the improvements and reviews required in Items D
through L of the subject Change of Zoning Ordinance provide public welfare and safety
and are recommended by the Department of Public Works on developments comparable to what has been proposed by the Landowners after the repeal. We note that the property and roadway may be exempted from the improvements and
reviews typically required of developments similar to that proposed by the landowners by
this repeal. However, should the Planning Director determine that repeal of the Change of Zone Ordinance is reasonable, we defer to the director’s authority.
Questions may be referred to Amy Cook at 961-8695.
JOSH GREEN,M.D. F.°,"fq'" DAWN N.S.CHANG
GOVERNOR I KE KIA'AINA j P,.°
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BOARD OF LAND AND NATURAL RESOURCES
SYLVIA LUKE COMMISSION ON WATER RESOURCE
MANAGEMENT
LIEUTENANT GOVERNOR KA HOPE KIA'AINA
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CIARA W.K.KAHAHANE
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o- AQUATIC RESOURCES
o BOATING AND OCEAN RECREATION
STATE OF HAWAII KA MOKU`AINA`O HAWAII BUREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE
DEPARTMENT OF LAND AND NATURAL RESOURCES MANAGEMENT
Srdte of Ha'a
ENFORRCEMCEMENNTT
CONSERVATION AND COASTAL LANDS
KA`OIHANA KUMUWAIWAI 'AINA CONSERVATION RCES
ENGINEERING
FORESTRYAND WILDLIFE
STATE HISTORIC PRESERVATION DIVISION HISTORIC PRESERVATION
KAHOOLAWE ISLAND RESERVE COMMISSION
KAKUHIHEWA BUILDING LAND
601 KAMOKILA BLVD,STE 555 STATE PARKS
KAPOLEI,HAWAII 96707
April 7, 2026
IN REPLY REFER TO:
Jeff Darrow, Director Project No. 2026PRO0115
County of Hawaii Doc. No. 2603SN06
Planning Department Archaeology
101 Pauahi Street, Suite 3
Hilo, HI 96720
planning@hawaiicounty.gov
Dear Mr. Darrow:
SUBJECT: Hawaii Revised Statutes(HRS)§6E-42 Historic Preservation Review—
County of Hawaii Planning —Rezone Reversion PL-PDI-2026-000015
Repeal of Change of Zone Ordinance No. 19-38
Lanihau 1 and 2 Ahupua`a, North Kona District, Island of Hawaii
TMK: (3)7-5-010:013 (Lots: A-1 &A-2 Road Widening Lot)
This letter provides the State Historic Preservation Division's (SHPD's) review of the County of Hawaii
Planning Department's (Planning) request for comments on the subject rezone reversion (PL-PDI-2026-
000015) application. SHPD received this submission on February 2, 2026, which included a letter from
the applicant's consultant requesting Planning repeal a County of Hawaii Ordinance dated June 30, 2025,
and a copy of the original ordinance (COZ Ordinance No. 19 38).
The current submittal indicates that the landowners are requesting that the current zoning district for the
project parcel be reverted to its original designation that will result in 3.227 acres reverting from RM-2.5 to
A-5a (previously Unplanned) and 3.331 acres from CV-7.5 to RD-3.75. The 3.227-acre portion of the
subject property will remain a single agricultural parcel under A-5a zoning. This portion was redesignated
from State Land Use Agricultural to Urban in 1992 (Ordinance No. 92-35), and the landowners want to
keep the Urban designation due to the property's location in the Kona Urban Area per the Kona
Community Development Plan.
SHPD records indicate that the proposed project area was subject to an archaeological inventory survey
Barrera 1990). The survey identified 7 historic properties, of which 5 are located within the proposed
project area. The documented State Inventory of Historic Places (SIHP) sites consist of the Great Wall of
Kuakini (50-10-28-07276), a habitation platform (50-10-28-13670), a rectangular platform (50-10-28-
13672), a free-standing stone wall (50-10-28-13671), and a burial cyst (50-10-28-13673) identified during
data recovery. The archaeological data recovery report (Barrera 1995) documented mitigation measures
for the previous project. Construction activities on the parcel exposed a lava tube (SIHP 50-10-28-19038)
that contained numerous artifacts. SIHP 50-10-28-19038 was believed to be connected to SIHP 50-10-
28-13574, however it appeared to be blocked at the east end of the tube and outside the current project
area.
The previous archaeological survey does not meet the current standards for an AIS established in Hawaii
Administrative Rules (HAR) Chapter13-276. Previously unidentified historic properties may be located
within the subject parcel. SHPD has no objections to the proposed repeal of the existing zone
ordinance, however, SHPD requests the opportunity to review any future projects within the current
Jeff Darrow
April 7, 2026
Page 2
parcel in order to determine the potential for a proposed project to have an adverse impact to historic
properties.
At this time, SHPD has insufficient information to determine the potential of future development to impact
historic properties. SHPD requests that an archaeological literature review and field inspection (LRFI). If
previously- or newly-identified historic properties exist in the current project area, SHPD will request that
an AIS be completed, including identification and documentation of all sites and features, and
assessments of site integrity and significance, and eligibility for listing in the Hawaii Register of Historic
Places, and that an AIS report meeting the requirements of HAR §13-276-5 be submitted for review and
acceptance prior to permit issuance.
SHPD looks forward to the opportunity to review the results of the identification process. For a list of
approved archaeological consultants, please visit the SHPD website at:
http://dlnr.hawaii.gov/shpd/about/branches/archaeology/
Following the completion of the LRFI, SHPD requests the LRFI report, along with a copy of this letter, be
submitted to SHPD HICRIS Project No. 2026PR00115 in response to the request.
Please contact Sean Naleimaile, Hawaii Island Archaeologist IV, at Sean.P.Naleimaile@hawaii.gov for
any matters regarding archaeological resources or this letter.
Aloha, _0§z
Jessica Puff, PhD
Administrator, State Historic Preservation Division
Deputy State Historic Preservation Officer
cc: Jessica Andrews, mess ica.and rewsa-hawaiicounty.aov
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL:
April 9, 2026
Mr. Jeffrey Darrow, Planning Director
County of Hawaiʻi Planning Department
101 Pauahi Center, Suite 3
Hilo, HI 96720
Dear Director Darrow:
Subject: Response to Agencies’ Comments regarding Repeal of Change of Zone Ordinance
No. 19-38 to allow for reversion of zoning districts of 6.467 acres of land to its
original zoning district designations of RD-3.75 and A-5a (formerly Unplanned)
Landowners: Andy Xie and Kerry Xie as Trustees of the Andy and Kerry Xie Family Trust;
Fred Ming Li; Jack Qun Fang and Bo Han as Co-trustees of the Fang/Han Living
Trust, U/A; Wei Lin Zhao; and Eulix Chiu
TMK: 7-5-010:013 (Lots A-1 & A-2 Road Widening Lot), Hienaloli 4th & 5th, North Kona
The owners of the above-described property, though this letter, wishes to respond to
agencies’ comments received in response to the above-described action pending before your
office and the Leeward Planning Commission and as provided below:
Department of Water Supply (memo dated February 6, 2026)
The Department of Water Supply (DWS) has indicated that the subject property has an
existing water commitment of 22 units of water that will be forfeit upon the repeal of
Ordinance No. 19-038 along with water commitment deposits paid to date of $56,100.00.
The owners of the subject property believes that a forfeit of all the water commitment
deposits paid to date is inconsistent with DWS rules and is requesting reconsideration of
this proposed action, as explained in further detail below.
At the request of the landowners, the Planning Director initiated the repeal Ordinance No.
19-038 in order to dispose of Ordinance No. 19-038 that originally presented a 104-unit
senior independent living community on the 6.558-acre property. Based on this original
representation, the previous landowner secured water commitments for an additional 22
units of water to supplement the existing 28-units of water allocated to the property. The
previous and current landowners have been paying the annually required water
commitment fees with the understanding that a total of 50 units of water can be made
available to the subject property subject to compliance with departmental policies and
requirements.
Mr. Jeffrey Darrow, Planning Director
County of Hawaiʻi Planning Department
Page 2 of 4
April 9, 2026
With an effective date of May 11, 2019, Ordinance No. 19-038 required the completion
of the proposed 104-unit independent senior living facility or other uses allowed within
the Multiple Family (RM-2.5) and Village Commercial (CV-7.5) zoning districts on or
before May 11, 2024. Since this performance deadline has lapsed, there are really only 3
options:
1. Amend Ordinance No. 19-038 to allow for additional time to complete the senior
independent living facility or other permitted multiple-family and/or commercial
uses;
2. Apply for a new rezoning that will present a new development concept; or
3. Repeal Ordinance No. 19-038 to revert the lands back to its original RD-3.75 and
A-5a configuration.
The current landowners, who purchased the subject property in February 2024, have no
desire to pursue the development of a 104-unit senior living facility nor do they wish to
attempt any effort to secure a time extension to complete a higher-density project. Upon
repeal of Ordinance No. 19-038 and reversion of the property back to its original RD-
3.75 and A-5a zoning districts, the landowners will then pursue the development of 19
duplex residential units (38-units total) on the RD-3.75 zoned lands and a single-family
dwelling plus 3 additional dwelling units (ADUs) on the A-5a zoned lands.
As discussed above, use of the property is “in limbo” until such time the County Council
acts upon the landowners’ request to revert the zoning of the property back to its original
zoning designations that existed prior to June 27, 1973. The action by the Planning
Director to repeal Ordinance No. 19-038 will not deprive the landowner of any use of the
subject property and will simply remove an impediment to the development of the land
by eliminating an existing ordinance that envisioned a much larger project that is no
longer being pursued that will then allow a new and smaller project to move forward.
For the reasons explained above, the landowners have requested that the Department of
Water Supply to reconsider its position that the pending action to repeal Ordinance No.
19-038 will result in the forfeiture of all water commitment deposits paid to date totaling
$56,100.00.
The Department of Water Supply has consistently expressed over the years that its water
system can only support 50 dwelling units on the subject property. We understand the
Department’s rules regarding the issuance of water commitments for “…a proposed new
project or development, meeting the Department’s minimum standards…” that is
associated with “…rezoning requests, Land Use change requests, all other project
development requests”. Technically speaking, the repeal of Ordinance No. 19-038 is a
“rezoning request”, a “Land Use change request” and a “project development request” as
this action seeks to change the zoning of the subject property back to its original and
Mr. Jeffrey Darrow, Planning Director
County of Hawaiʻi Planning Department
Page 3 of 4
April 9, 2026
more appropriate designation in order to support a smaller, 38-unit duplex residential
community and a single-family dwelling plus 3 ADUs on a separate 5-acre agricultural
lot.
In summary, the landowners are requesting that a total of 14 additional units of water be
made available to support the currently proposed project and that the water commitment
deposits equal to 14 additional units paid 17 times be credited towards the final facilities
charges for the smaller project. The landowners understand that the water commitment
deposits for 8 additional units of water may be forfeited due to the smaller overall scope
of the current project.
We are anticipating a meeting with the department in mid-April. This issue should have
no direct effect on the repeal action which the landowner continues to support.
State Dept of Land & Natural Resources-Historic Preservation (letter dated April 7, 2026)
The landowners acknowledge that SHPD has no objection to the Director-initiated repeal
of Ordinance 19-38. As with all uses of land, the landowners are aware of existing
permitting processes that require consultation with and actions by SHPD.
Department of Public Works (memo dated February 20, 2026)
The Department of Public Works (DPW) has recommended that road widening and
shoulder improvements to Hualalai Road fronting the subject property, as expressed by
Conditions D through L of Ordinance No. 09-038, be required due to public welfare and
safety considerations associated with the development of the subject property as may be
allowed by the
Landowners are willing to subdivide and donate the land necessary to widen Hualalai
Road after the issuance of Plan Approval and issuance of building permits for a duplex
project as permitted by the RD-3.75 zoning district. Once land necessary for the road
widening has been granted final subdivision approval, the County be able to secure
ownership of the land and pursue any desired road shoulder improvements as it deems fit.
Office of Housing and Community Development (OHCD) (memo date February 18, 2026)
The landowners appreciate the confirmation by OHCD that the proposed repeal of
Ordinance No. 19-038 does not constitute a rezoning action and therefore, does not
trigger Chapter 11 of the Hawaiʻi County Code regarding Affordable Housing.
Mr. Jeffrey Darrow, Planning Director
County of Hawaiʻi Planning Department
Page 4 of 4
April 9, 2026
We hope that this letter provides an adequate and appropriate response to the comments
received from the reviewing agencies. Should additional information be necessary, please do not
hesitate to contact me.
Sincerely,
DARYN ARAI
Land Use Planning Consultant
copy via email: Andy Xie, et. al.