The Comprehensive Zoning Ordinance for the County of Kauai

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"This Kauai County Code is made available by the Kauai Board of Realtors. The County of Kauai neither warrants, guarantees, nor assures the accuracy or completeness of this version of the Kauai County Code, or that this version of the Code is up-to-date. "

CHAPTER 8

COMPREHENSIVE ZONING ORDINANCE

(The purpose of this Chapter is to provide regulations and standards for land development and the construction of buildings and other structures in the County of Kauai. By utilizing the findings and analysis of the County General Plan, this Chapter establishes several land districts and delineates the respective types of permitted uses and development that can take place in those districts. The regulations and standards prescribed by this Chapter are intended to promote development that is compatible with the Island's scenic beauty and environment and to preclude inadequate, harmful or disruptive conditions that may prove detrimental to the social and economic well-being of the residents of Kauai.)

Article 1. General Provisions

Sec. 8-1.1 Title
Sec. 8-1.2 Purpose
Sec. 8-1.3 Nature Of County Zoning Ordinance
Sec. 8-1.4 Application Of Regulations
Sec. 8-1.5 Definitions

Article 2. Designation Of Districts, Method And Effect Of Establishment Of Districts, And Zoning Maps

Sec. 8-2.1 Districts
Sec. 8-2.2 Method And Effect Of Establishment Of Districts
Sec. 8-2.3 Zoning Maps

Article 3. Residential Districts (R)

Sec. 8-3.1 Purpose
Sec. 8-3.2 Types Of Residential Districts
Sec. 8-3.3 Generally Permitted Residential Uses And Structures
Sec. 8-3.4 Uses And Structures In Residential Districts That Require A Use Permit
Sec. 8-3.5 Development Standards For Residential Structures Not Involving The Subdivision Of Land
Sec. 8-3.6 Development Standards For Residential Structures Which Involve The Subdivision Of Land
Sec. 8-3.7 Standards Of Development Applicable To All Residential Development
Sec. 8-3.8 Application Of Density And Development Standards
Sec. 8-3.9 Permits Required
Sec. 8-3.10 Application To Residential Development In Other Districts
Sec. 8-3.11 Development Of Other Uses In A Residential District

Article 4. Resort Districts (RR)

Sec. 8-4.1 Purpose
Sec. 8-4.2 Types Of Resort Districts
Sec. 8-4.3 Generally Permitted Resort Uses And Structures
Sec. 8-4.4 Uses And Structures In Resort Districts That Require A Use Permit
Sec. 8-4.5 Development Standards
Sec. 8-4.6 Permits Required
Sec. 8-4.7 Application To Resort Development In Other Districts

Article 5. Commercial Districts (C)

Sec. 8-5.1 Purpose
Sec. 8-5.2 Types Of Commercial Districts
Sec. 8-5.3 Generally Permitted Uses And Structures
Sec. 8-5.4 Uses And Structures In Commercial Districts That Require A Use Permit
Sec. 8-5.5 Development Standards For Commercial Development
Sec. 8-5.6 Permits Required
Sec. 8-5.7 Application To Commercial Development In Other Districts
Sec. 8.5.8 Maximum Residential And Resort Densities Within Commercial Districts

Article 6. Industrial Districts (I)

Sec. 8-6.1 Purpose
Sec. 8-6.2 Types Of Industrial Districts
Sec. 8-6.3 Generally Permitted Uses And Structures
Sec. 8-6.4 Uses And Structures In Industrial Districts That Require A Use Permit
Sec. 8-6.5 Standards For Industrial Development, Subdivision Or Construction
Sec. 8-6.6 Permits Required
Sec. 8-6.7 Application To Industrial Development In Other Districts

Article 7. Agriculture Districts (A)

Sec. 8-7.1 Purpose
Sec. 8-7.2 Generally Permitted Uses And Structures
Sec. 8-7.3 Uses And Structures That Require A Use Permit
Sec. 8-7.4 Limitations On Subdivision Of Parcels In Agriculture Districts
Sec. 8-7.5 Permitted Residential Densities
Sec. 8-7.6 Development Standards For Construction And Use
Sec. 8-7.7 Permits Required
Sec. 8-7.8 Application To Agricultural Development In Other Districts

Article 8. Open Districts (O)

Sec. 8-8.1 Purpose
Sec. 8-8.2 Generally Permitted Uses And Structures
Sec. 8-8.3 Uses And Structures For Which A Use Permit Is Required
Sec. 8-8.4 Special Standards For Issuance Of Use Permits
Sec. 8-8.5 Development Standards For Construction And Use Within An Open District
Sec. 8-8.6 Calculation Of Densities And Land Coverage
Sec. 8-8.7 Permits Required
Sec. 8-8.8 Review Of Open District Designations In Particular Cases

Article 9. Special Treatment Districts (ST)

Sec. 8-9.1 Purpose
Sec. 8-9.2 Types Of Special Treatment Districts
Sec. 8-9.3 Generally Permitted Uses, Structures And Development
Sec. 8-9.4 Uses, Structures And Development Requiring A Use Permit
Sec. 8-9.5 Applications For Use Permits
Sec. 8-9.6 Special Planning Area
Sec. 8-9.7 Scenic Corridors And Points

Article 10. Constraint Districts (S)

Sec. 8-10.1 Purpose
Sec. 8-10.2 Types Of Constraint Districts And Application

Article 11. Drainage Districts (S-DR)

Sec. 8-11.1 Purpose
Sec. 8-11.2 Lands Included In The Drainage Districts
Sec. 8-11.3 Requirements For Development Within A Drainage District
Sec. 8-11.4 Modification Of Requirements

Article 12. Flood Districts (S-FL)

Sec. 8-12.1 Purpose
Sec. 8-12.2 Lands Included
Sec. 8-12.3 Requirements For Development Within A Flood District
Sec. 8-12.4 Modification Of Requirements

Article 13. Shore Districts (S-SH)

Sec. 8-13.1 Purpose
Sec. 8-13.2 Lands Included
Sec. 8-13.3 Requirements For Development Within The Shore Districts
Sec. 8-13.4 Permit Requirements
Sec. 8-13.5 Modification Of Requirements

Article 14. Slope Districts (S-SL)

Sec. 8-14.1 Purpose
Sec. 8-14.2 Lands Included
Sec. 8-14.3 Requirements For Development Within The Slope Districts
Sec. 8-14.4 Modification Of Requirements

Article 15. Soils Districts (S-SO)

Sec. 8-15.1 Purpose
Sec. 8-15.2 Lands Included
Sec. 8-15.3 Requirements For Development Within A Soils District
Sec. 8-15.4 Modification of Requirements

Article 16. Tsunami Districts (S-TS)

Sec. 8-16.1 Purpose
Sec. 8-16.2 Lands Included
Sec. 8-16.3 Requirements For Development In A Tsunami District
Sec. 8-16.4 Modification Of Requirements

Article 17. Time Sharing And Transient Vacation Rentals

Sec. 8-17.1 Limitations on Location
Sec. 8-17.2 Permitted Time Share Locations
Sec. 8-17.3 Permitted Locations For Transient Vacation Rentals
Sec. 8-17.4 Time Sharing In Projects Located Within Visitor Destination Areas And Hotels In Resort Or Commercial Districts
Sec. 8-17.5 Existing Uses
Sec. 8-17.6 Penalty
Sec. 8-17.7 Amendments To Visitor Destination Areas Designations

Article 18. Project Development

Sec. 8-18.1 Purpose
Sec. 8-18.2 Lands That May Be Included In A Project Development
Sec. 8-18.3 Uses, Structures And Development Which May Be Permitted
Sec. 8-18.4 Requirements For Project Development Use Permits
Sec. 8-18.5 Permits Required
Sec. 8-18.6 Joint Development Of Two Or More Abutting Lots

Article 19. Zoning Permits

Sec. 8-19.1 When Required
Sec. 8-19.2 Applications
Sec. 8-19.3 Class I Zoning Permits
Sec. 8-19.4 Class II Zoning Permits
Sec. 8-19.5 Class III Zoning Permits
Sec. 8-19.6 Class IV Zoning Permits
Sec. 8-19.7 Appeal

Article 20. Use Permits

Sec. 8-20.1 Purpose
Sec. 8-20.2 When Required
Sec. 8-20.3 Application
Sec. 8-20.4 Fees
Sec. 8-20.5 Standards
Sec. 8-20.6 Procedure
Sec. 8-20.7 Application Denial And Appeal

Article 21. Variance

Sec. 8-21.1 Authority
Sec. 8-21.2 Standards
Sec. 8-21.3 Application
Sec. 8-21.4 Fees
Sec. 8-21.5 Procedure

Article 22. Amendments

Sec. 8-22.1 Amendments
Sec. 8-22.2 Initiation
Sec. 8-22.3 Public Hearing
Sec. 8-22.4 Consideration
Sec. 8-22.5 Report Filed With Council
Sec. 8-22.6 Approval Or Denial Of Proposal
Sec. 8-22.7 Enactment By Ordinance
Sec. 8-22.8 Withdrawal
Sec. 8-22.9 Denial
Sec. 8-22.10 Initiation By Council Or Planning Commission

Article 23. Non-Conforming Structures And Uses

Sec. 8-23.1 Non-Conforming Buildings And Structures
Sec. 8-23.2 Non-Conforming Uses
Sec. 8-23.3 Uses, Structures And Lots For Which Permits Were Issued Prior To The Adoption Of This Ordinance

Article 24. Enforcement, Legal Procedures And Penalties

Sec. 8-24.1 Enforcement, Legal Procedures And Penalties

Article 25. Kauai Historic Preservation Review Commission

Sec. 8-25.1 Purpose
Sec. 8-25.2 Kauai Historic Preservation Review Commission
Sec. 8-25.3 Powers And Duties Of The Historic Preservation Review Commission
Sec. 8-25.4 Meetings
Sec. 8-25.5 Accounting And Funding

Article 26. Additional Dwelling Unit

Sec. 8-26.1 Additional Dwelling Unit On Other Than Residentially Zoned Lots
Sec. 8-26.2 Additional Dwelling Unit On Residentially Zoned Lots

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"This Kauai County Code is made available by the Kauai Board of Realtors. The County of Kauai neither warrants, guarantees, nor assures the accuracy or completeness of this version of the Kauai County Code, or that this version of the Code is up-to-date. "