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
Sec. 8-1.1 Title.
This Chapter shall be known as and may be cited as "The Comprehensive Zoning
Ordinance for the County of Kauai" and its official abbreviated designation shall be
"CZO". (Ord. No. 164, August 17, 1972; Sec. 8-1.1, R.C.O. 1976
Sec. 8-1.2 Purpose.
This Chapter is adopted for the purpose of:
(a) Implementing the intent and purpose of the adopted General Plan.
(b) Regulating the use of buildings, structures and land for different
purposes.
(c) Regulating location, height, bulk and size of buildings and
structures, the size of yards, courts and other open spaces.
(d) To maintain the concept of Kauai as "The Garden Isle",
thus assuring that any growth will be consistent with the unique landscape and
environmental character of the Island.
(e) To insure that all physical growth is carried out so as to maintain
the natural ecology of the Island to the extent feasible.
(f) To create opportunities for a greater fulfillment of life through
the development of a broad spectrum of educational and cultural pursuits.
(g) To promote and protect the health, safety and welfare of all
residents.
(h) To provide opportunities for desirable living quarters for all
residents in all income levels.
(i) To recognize those aspects of the Island and its people which are
historically significant, and to preserve and promote them as a continuing expression of
the Island's physical and social structure.
(j) To guide and control development to take full advantage of the
Island's form, beauty and climate, and preserve the opportunity for an improved quality of
life.
(k) To protect, maintain and improve the agriculture potential of land
located in the County. (Ord. No. 164, August 17, 1972; Sec. 8-1.2, R.C.O. 1976)
Sec. 8-1.3 Nature Of County Zoning Ordinance.
(a) This Zoning Ordinance consists of the establishment of six (6)
major Use Districts in conjunction with two (2) Special Districts within the territory of
the County of Kauai. (This Chapter includes regulations concerning the uses permissible
within each of the six (6) Use Districts and concerning the special conditions under which
the uses may be developed or created within each of the two (2) special districts.) The
boundaries of the Use Districts are established on the Zoning Maps of the County as
specified in Sec. 8-2.3 of this Chapter. The boundaries of the special districts are
established on the Zoning Maps or on the Constraint Map.
(b) The districts established and located by this Chapter are based
upon the findings and analysis utilized in the General Plan for the County of Kauai. The
designations of the Use Districts reflect in part the elements of the environment and
society and, in addition, reflect appropriate interrelationships of land use,
transportation, utilities, public services, existing development, recreational and
employment opportunities, economic conditions, resource management, and population.
(c) The designations of the Constraint and Special Treatment districts
reflect:
(1) The capability of the land within the County to accommodate
disturbances;
(2) Potential threats to health, safety and welfare, social and
aesthetic values; and
(3) Relative development of use potential because of existing parcel
conditions or unique or limited natural resources.
(d) The intent of the regulations governing all districts is to be
permissive within the minimum requirements and performance criteria specified for each
district. Development, use or construction should be permitted where it can be established
by following the provisions of this Chapter so that the development and construction for a
specific use or combination of uses can be accommodated within the specific physical and
social conditions of a particular location in such a manner that it will not create the
inadequate, harmful or disruptive conditions that formed the basis of the establishment of
regulations of any district.
(e) The Use Districts allocate and regulate the various functions
necessary to a diverse and viable society and specify the performance required to develop
land and create improvements consistent with those functions and their interrelationships.
(f) The Residential District regulates the number of people living
in a given area by specifying the maximum allowable number of dwelling units that may
be developed on any given parcel of land. In order not to differentiate between
economic groups or life-styles, a reasonable flexibility in the type of dwelling units and
their placement on the land has been provided.
(g) Commercial, Industrial and Resort Districts recognize the specific
nature of such uses and allocate their location in relation to land suitability and
established or potential patterns of residential uses and other activities, such as
transportation and community facilities.
(h) The Agriculture District establishes means by which land needs for
existing and potential agriculture can be both protected and accommodated, while providing
the opportunity for a wider range of the population to become involved in agriculture by
allowing the creation of a reasonable supply of various sized parcels.
(i) The Open District is established and regulated to create and
maintain an adequate and functional amount of predominantly open land to provide for the
recreational and aesthetic needs of the community or to provide for the effective
functioning of land, air, water, plant and animal systems or communities.
(j) Overlaying the regulation of development or use in any or all of
the Use Districts are additional special regulations which relate more specifically to the
land and the existing community structure. These special regulations have been defined in
the Constraint District and the Special Treatment District and may modify the manner in
which uses regulated under the Use Districts may be developed or may require special
performance in the development.
(k) The Constraint District specifies the additional performance
required when critical or valuable physical, ecologic, or biologic characteristics of the
environment exist on the same parcel where particular functions or uses may be developed.
(l) The Special Treatment District specifies the additional performance
required when critical or valuable social or aesthetic characteristics of the environment
or community exist in the same area as a parcel where particular functions or uses may be
developed.
(m) Any or all of these districts may overlap any Use Districts,
creating accumulated regulations which more nearly relate to the conditions of the
specific location where the development or use may occur.
(n) Since the degree and type of the development or use may determine
the magnitude of public concern, the procedures for administering the requirements of use
and condition have been structured to permit smaller developments, while insuring that the
effects of larger developments are adequately examined. (Ord. No. 164, August 17,
1972; Sec. 8-1.3, R.C.O. 1976)
Sec. 8-1.4 Application Of Regulations.
(a) For the purposes of this Chapter, the County of Kauai shall include
the districts of Waimea, Koloa, Lihue, Kawaihau and Hanalei as described in Section
4-l(4), H.R.S.
(b) Unless otherwise expressly prohibited by law, the provisions of
this Chapter shall apply to all areas within the County boundaries.
(c) In administering and applying the provisions of this Chapter,
unless otherwise stated, they shall be held to be the minimum requirements necessary to
accomplish the purpose of this Chapter.
(d) Nothing in this Chapter shall regulate the placement, design and
construction of utility poles, towers and transmission lines by a public utility company
as defined in Section 269-l, H.R.S., provided, that the poles and towers shall be no
higher than twenty (20) feet above the height limits for structures applicable in the Use
District in which the poles and towers are constructed.
(e) Nothing in this Chapter shall regulate the minimum size of lots in
a subdivision which are to be used for government or public utility facilities. The
creation of such lots shall be in compliance with the provisions of Chapter 9, County
Subdivision Ordinance, of the Code.
(f) Nothing in this Chapter shall prohibit the use of factory built
housing or trailer homes as permitted dwellings, buildings or structures for the purpose
of human habitation or occupancy within the various Use Districts provided that all such
factory built housing and trailer homes must first:
(1) Meet all applicable development standards, density limitation and
other such requirements for the particular Use District;
(2) Be permanently affixed to the ground;
(3) Have had their wheels and axles, if any, removed;
(4) If licensed pursuant to Hawaii Revised Statutes Chapter 249, have
been registered as a stored vehicle in accordance with Hawaii Revised Statutes Section
249-5;
(5) Meet the standards and requirements contained in Section 12-4.4 of
Chapter 12, Building Code; and
(6) Meet all other applicable governmental rules, regulations,
ordinances, statutes and laws.
(g) Recreational trailers may be used as temporary dwellings for
travel, recreational or vacation purposes in accordance with Chapter 16 (Recreational
Trailer Camps) of Title 11, Administrative Rules, Department of Health, State
of Hawaii, or any other State or County laws, ordinances or rules relating to
the use of public or private lands, parks or camp grounds for camping or
recreational purposes. Except as provided herein, no recreational trailer shall
be used as a dwelling or building for the purpose of human habitation or
occupancy. (Ord. No. 164, August 17, 1972; Sec. 8-1.4, R.C.O. 1976; Ord. No. 443,
December 28, 1982; Ord. No. 484, February 18, 1986)
Sec. 8-1.5 Definitions.
When used in this Chapter the following words or phrases shall have the
meaning given in this Section unless it shall be apparent from the context that a
different meaning is intended:
"Accessory Building" or "Structure" means a
building or structure which is subordinate to, and the use of which is incidental to that
of the main building, structure or use on the same lot or parcel.
"Accessory Use" means a use customarily incidental,
appropriate and subordinate to the main use of the parcel or building.
"Adult Family Boarding Home" means any family home providing
for a fee, twenty-four (24) hour living accommodations to no more than five (5) adults
unrelated to the family, who are in need of minimal 'protective' oversight care in their
daily living activities. These facilities are licensed by the Department of Health, State
of Hawaii under the provisions of sections 17-883-74 to 17-883-91.
"Adult Family Group Living Home" means any family home
providing twenty-four (24) hour living accommodations for a fee to five (5) to eight (8)
elderly, handicapped, developmentally disabled or totally disabled adults, unrelated to
the family, who are in need of long-term minimal assistance and supervision in the adult's
daily living activities, health care, and behavior management. These facilities are
licensed by the Department of Health, State of Hawaii, under the provisions of sections
17-883-74 to 17-883-91.
"Agriculture" means the breeding, planting, nourishing,
caring for, gathering and processing of any animal or plant organism for the purpose of
nourishing people or any other plant or animal organism; or for the purpose of providing
the raw material for non-food products. For the purposes of this Chapter, Agriculture
shall include the growing of flowers and other ornamental crops and the commercial
breeding and caring for animals as pets.
"Alley" means a public or permanent private way less than
fifteen (15) feet wide for the use of pedestrians or vehicles which has been permanently
reserved and which affords, or is designed or intended to afford the secondary means of
access to abutting property.
"Animal Hospital" means an establishment for the care and
treatment of small animals, including household pets.
"Apartment" See Dwelling, Multiple Family.
"Apartment-Hotel" means a building or portion thereof used as
a hotel as defined in this Section and containing the combination of individual guest
rooms or suite of rooms with apartments or dwelling units.
"Applicant" means any person having a controlling interest
(75% or more of the equitable and legal title) of a lot; any person leasing the land of
another under a recorded lease having a stated term of not less than five (5) years; or
any person who has full authorization of another having the controlling interest or
recorded lease for a stated term of not less than five (5) years.
"Aquaculture" means the growing and harvesting of plant or
animal organisms in a natural or artificial aquatic situation which requires a body of
water such as a pond, river, lake, estuary or ocean.
"Base Flood" means the flood, from whatever source, having a
one percent (1.0%) chance of being equalled or exceeded in any given year, otherwise
commonly referred to as the 100-year flood.
"Base Flood Elevation" means the water surface elevation of
the base flood.
"Building" means a roofed structure, built for the support,
shelter or enclosure of persons, animals, chattels or property of any kind. The word
"building" includes the word "structure".
"Cemetery" means land used or intended to be used for the
burial of the dead and dedicated for cemetery purposes, including columbariums,
mausoleums, mortuaries and crematoriums, provided the crematorium has the approval of the
Department of Health, Planning Commission and Council when operated in conjunction with
and within the boundary of the cemetery.
"Center Line" See "Street Center Line".
"Church" means a building designed for or used principally
for religious worship or religious services.
"Coastal High Hazard Area" means the area subject to high
velocity waters, including but not limited to coastal and tidal inundation or tsunami. The
area is designated on a FIRM as Zone VE.
"Commercial Use" means the purchase, sale or other
transaction involving the handling or disposition (other than that included in the term
"industry" as defined in this Section) of any article, substance or commodity
for profit or a livelihood, including in addition, public garages, office buildings,
offices of doctors and other professionals, public stables, recreational and amusement
enterprises conducted for profit, shops for the sale of personal services, places where
commodities or services are sold or are offered for sale, either by direct handling of
merchandise or by agreements to furnish them but not including dumps and junk yards.
"Compatible Use" means a use that, because of its manner of
operation and characteristics, is or would be in harmony with uses on abutting properties
in the same zoning district. In judging compatibility the following shall be considered:
intensity of occupancy as measured by dwelling units per acre, pedestrian or vehicular
traffic generated, volume of goods handled, and other factors such as, but not limited to:
vibration noise level, smoke, odor or dust produced or light or radiation emitted.
"Conforming" means in compliance with the regulations of the
pertinent district.
"Construction, Commencement of" means the actual placing of
construction materials in their permanent position, fastened in a permanent manner.
"Contiguous Lots or Parcels in Common Ownership" means more
than one (1) adjoining lot or parcel each of which is owned in full or part by the same
person, or his representative.
"County Engineer" means the County Engineer of the Department
of Public Works of the County of Kauai.
"Cultivation" means the disturbance by mechanical means of
the surface soil to a depth less than two (2) feet where the original grade and shape of
the land is not substantially altered, for the purpose of planting and growing plants.
"Day Care Center" means any facility which complies with the
State of Hawaii licensing requirements where seven or more children under the age of 18
are cared for without overnight accommodations at any location other than their normal
place of residence. This term includes child care services and other similar uses and
facilities consistent with this definition, and not covered by the "Family Child Care
Home" definition.
"Day Use Areas" means land, premises and facilities, designed
to be used by members of the public, for a fee or otherwise, for outdoor recreation
purposes on a daily basis. Day use areas include uses and facilities such as parks,
playgrounds, picnic sites, tennis courts, beaches, marinas, athletic fields, and golf
courses.
"Density" means the number of dwelling units allowed on a
particular unit of land area.
"Developed Campgrounds" means land or premises designed to be
used, let or rented for temporary occupancy by campers traveling by automobile or
otherwise and which contain such facilities as tent sites, bathrooms or other sanitary
facilities, piped water installations, and parking areas, but not including mobile home
parks. Developed campgrounds may include facilities for the temporary placement of camp
trailers and camping vehicles which are utilized for non-permanent residential uses at no
more than six (6) vehicles per acre.
"Distance, Measurement of" means unless otherwise specified,
all distances other than height shall be measured in a horizontal plane. Height shall be
measured vertically.
"Diversified Agriculture" means the growing and harvesting of
plant crops for human consumption which does not involve a long-range commitment to one
(1) crop. Diversified Agriculture includes truck gardening and the production of fresh
vegetables, and minor fruit or root crops such as guava or taro.
"Division of Land" means the division of any lot or parcel or
portion thereof into two (2) or more lots, plots, sites or parcels for the purpose,
whether immediate or future, of sale, transfer, lease, or building development. It
includes subdivisions and resubdivision and other divisions of land and may relate to the
process of dividing land or to the land or territory divided.
"Dry Cleaning" means the process of removing dirt, grease,
paints and other stains from wearing apparel, textile fabrics, rugs and other material by
the use of nonaqueous liquid solvents, flammable or nonflammable, and it may include the
process of dyeing clothes or other fabrics or textiles in a solution of dye colors and
nonaqueous liquid solvents.
"Dump" means a place used for the discarding, disposal,
abandonment, or dumping of waste materials.
"Dwelling" means a building or portion thereof designed or
used exclusively for residential occupancy and having all necessary facilities for
permanent residency such as living, sleeping, cooking, eating and sanitation.
"Dwelling, Multiple Family" means a building or portion
thereof consisting of two (2) or more dwelling units and designed for occupancy by two (2)
or more families living independently of each other, where any one (1) of the constructed
units is structurally dependent on any other unit.
"Dwelling, Single Family Attached" means a building
consisting of two (2) or more dwelling units designed for occupancy by two (2) or more
families living independently of each other where each unit is structurally independent
although superficially attached or close enough to appear attached.
"Dwelling, Single Family Detached" means a building
consisting of only one (1) dwelling unit designed for or occupied exclusively by one (1)
family.
"Dwelling Unit" means any building or any portion thereof
which is designed or intended for occupancy by one (1) family or persons living together
or by a person living alone and providing complete living facilities, within the unit for
sleeping, recreation, eating and sanitary facilities, including installed equipment for
only one (1) kitchen. Any building or portion thereof that contains more than one (1)
kitchen shall constitute as many dwelling units as there are kitchens.
"Easement" means an acquired privilege or right of use or
enjoyment which an individual, firm, corporation, person, unit of government, or group of
individuals has in the land of another.
"Factory Built Housing" means any structure or portion
thereof which is: designed for use as a building or dwelling; prefabricated or assembled
at a place other than the building site; and capable of complying with the standards and
requirements contained in Section 12-4.4 of Chapter 12, Building Code.
"Family" means an individual or group of two (2) or more
persons related by blood, adoption or marriage living together in a single housekeeping
unit as a dwelling unit. For purposes of this Chapter, family shall also include a group
of not more than five (5) individuals unrelated by blood, adoption or marriage.
"Family Care Home" means any care home occupied by not more
than five (5) care home residents. These facilities are licensed by the Department of
Health, State of Hawaii, under the provisions of sections 17-883-74 to 17-883-91.
"Family Child Care Home" means providing child care services
and other similar uses consistent with this definition where six or fewer children under
the age of 18 are cared for in a private dwelling unit without overnight accommodations at
any location other than the children's normal place of residence and which complies with
State of Hawaii licensing requirements.
"Flag Lots" means a lot or parcel bounded by at least six (6)
sides and describing two (2) distinct but contiguous areas, one (1) of which is the
primary development area used to determine lot area, width and proportion, and the other
of which is an appendage normally used as access from a street to the primary development
area. The primary development area is referred to as the "flag" portion of the
lot, and the appendage is referred to as the "pole" portion of the lot.
"Flammable Liquid" means any liquid having a flash point
below two hundred degrees Fahrenheit (200 degrees F.) and having a vapor
pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred
degrees Fahrenheit (100 degrees F.).
"Flood Fringe Area" means the portion of the flood plain
outside the floodway, designated as AE, AO, and AH Zones on the FIRM.
"Flood Insurance Rate Map" means the official map on which
the Federal Insurance Administration has delineated the areas of special flood hazards,
the risk premium zones applicable, base flood elevations, and floodways.
"Flood Insurance Study" means the official report provided by
the Federal Insurance Administration that includes flood profiles, the FIRM, and the water
surface elevation of the base flood.
"Floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one (1) foot.
"Forestry" means the growing or harvesting of trees for
timber or wood fibre purposes.
"Frontage" means that portion of a parcel of property which
abuts on a road, street, or highway.
"Front, Building" means the side of a building or structure
nearest the street on which the building fronts, or the side intended for access from
public area. In cases where this definition is not applicable, the Planning Director shall
make the determination.
"Garage" means a building or structure or a portion thereof
in which a motor vehicle is stored, housed, kept, repaired or serviced.
"Garage, Automobile Repair" means a garage wherein major
repairs are made to motor vehicles or in which any major repairs are made to motor
vehicles other than those normally used by the occupants of the parcel on which the garage
is located.
"Garage, Automobile Storage" means any garage used
exclusively for the storage of vehicles.
"General Flood Plain Area" means the area consisting of the
approximate flood plain area as delineated on the flood maps, where detailed engineering
studies have not been conducted by the Federal Insurance Administration to delineate the
flood fringe and floodway and identified as A, X, and D Zones on the FIRM.
"Grade" with reference to a street or land surface, means the
gradient, the rate of incline or decline expressed as a percent.
"Grazing" means the production or use of vegetative land
cover for the pasturing of animals.
"Ground Level" means with reference to a building, the
average elevation of the finished ground levels adjoining the walls of a building.
"Guest House" means a building used for dwelling purposes by
guests with a floor area of no more than five hundred (500) square feet that contains no
kitchen and is located on a parcel of at least nine thousand (9,000) square feet that
contains one (1) or more dwelling units.
"Height-Building". See appropriate Chapter provisions.
"Height, Fence or Screen" means the vertical distance
measured from the ground level to the top of the fence. For the purpose of applying height
regulations, the average height of the fence along any unbroken run may be used provided
the height at any point is not more than ten percent (10%) greater than that normally
permitted.
"Height, Wall" means the vertical distance to the wall plate
measured from the ground level at the bottom of the wall.
"Historic Resource" means any property, area, place,
district, building, structure, site, neighborhood, scenic viewplane or other object having
special historical, cultural, architectural or aesthetic value to the County of Kauai.
"Home Business" means any use customarily conducted entirely
within a dwelling and carried on solely by the inhabitants thereof, in connection with
which there are: no display from the outside of the building; no mechanical equipment used
except as is normally used for domestic or household purposes; and no selling of any
commodity on the premises; which use is clearly incidental and secondary to the use of the
dwelling for dwelling purposes and does not change the character thereof. The office,
studio, or occupational room of an architect, artist, engineer, lawyer or other similar
professional person; a family child care home; business conducted entirely by phone or by
mail (not involving frequent bulk shipments); and an office for "homework" of a
person in business elsewhere; all shall be permitted as home businesses except that no
activity involving, encouraging, or depending upon frequent visits by the public and no
shop or clinic of any type shall be deemed to be a home business.
"Horizontal Property Regime" means the forms of development
defined in the Horizontal Property Act, Chapter 514A, H.R.S.
"Hospital" means any building or portion thereof to which
persons may be admitted for overnight stay or longer and which is used for diagnosis, care
or treatment of human illness or infirmity or which provides care during and after
pregnancy.
"Hotel" means any building containing six (6) or more
rooms intended or designed to be used, or which are used, rented or hired out to be
occupied for sleeping purposes by guests when the rooms are open to the occupancy by the
general public on a commercial basis whether the establishment is called a hotel, resort
hotel, inn, lodge or otherwise which rooms do not constitute dwelling units.
"HPR Commission" means the Historic Preservation Review
Commission.
"Indoor Amusement, Commercial" means buildings and structures
designed to be used by members of the public that contain amusement facilities such as
movie theaters, bowling alleys, pool halls and skating rinks.
"Industry" means the manufacture, fabrication, processing,
reduction or destruction of any article, substance or commodity, or any other treatment
thereof in a manner so as to change the form, character or appearance thereof, and storage
other than that accessory to a nonmanufacturing use on the same parcel including storage
elevators, truck storage yards, warehouses, wholesale storage and other similar types of
enterprises.
"Intensive Agriculture" means the growing and harvesting of
plant crops for human consumption or animal feeds primarily for sale to others and
involving the long-range commitment to one crop such as sugar, pineapple, sorghum, or
grain.
"Junk" means any worn-out, cast-off, or discarded article or
material which is ready for destruction or has been collected or stored for salvage or
conversion to some use; any article or material which, unaltered or unchanged and without
further reconditioning can be used for its original purpose as readily as when new shall
not be considered junk.
"Junk Yard" means any open space in excess of two hundred
(200) square feet, used for the breaking up, dismantling, sorting, storage or distribution
of any scrap, waste material or junk.
"Kitchen" means any room used or intended or designed to be
used for cooking and preparing food.
"Land Coverage" means a man-made structure, improvement or
covering that prevents normal precipitation from directly reaching the surface of the land
underlying the structure, improvement or covering. Structures, improvements and covering
include roofs, surfaces that are paved with asphalt, stone, or the like such as roads,
streets, sidewalks, driveways, parking lots, tennis courts, patios, and lands so used that
the soil will be compacted so as to prevent substantial infiltration, such as parking of
cars and heavy and repeated pedestrian traffic.
"Landscaping" means the modification of the landscape for an
aesthetic or functional purpose. It includes the preservation of existing vegetation and
the continued maintenance thereof together with grading and installation of minor
structures and appurtenances.
"Land Use" and "Use of Land" includes
"building use" and "use of building".
"Livestock" means domestic animals of types customarily
raised or kept on farms for profit or other productive purposes.
"Loft" means the floor placed between the roof and the floor
of the uppermost story within a single family detached dwelling, the floor area of which
is not more than one-third (1/3) the floor area of the story or room in which it is
placed.
"Lot" means a portion of land shown as a unit on an approved
and recorded Subdivision Map.
"Lot Area" means the total of the area, measured in a
horizontal plane, within the lot boundary lines.
"Lot Coverage". See "Land Coverage".
"Lot Length" means the horizontal distance between the front
and rear lot lines measured in the mean direction of the side lot lines.
"Lot Width" means the average horizontal distance between the
side lot lines measured at right angles to the line followed in measuring the lot depth.
"Manager" means the Manager and Chief Engineer of the Water
Department of the County of Kauai.
"Mineral Extraction" means any excavation or removal of
natural materials not related to or not occasioned by an impending development of the site
of the excavation.
"Motel" means a group of attached or detached buildings
containing rooms, designed for or used temporarily by automobile tourists or transients,
with garages attached or parking space conveniently located to each unit, including auto
court, tourist court or motor lodge, or otherwise, which rooms do not constitute dwelling
units.
"Non-conforming Building or Structure" means a building or
portion thereof lawfully existing at the time of the adoption of this Zoning Ordinance and
which does not comply with the regulations of the zoning district in which it is located.
"Non-conforming Use" means a lawful use of a building or land
existing at the time of the adoption of this Ordinance which does not conform to the
regulations for the zoning district in which it is located.
"Nursery" means the growing, collecting or storing of plants
for the purpose of selling to others for transplanting.
"Nursing Home" means a facility established for profit or
nonprofit, which provides nursing care and related medical services on a twenty-four (24)
hour per day basis to two (2) or more individuals because of illness, disease, or physical
or mental infirmity. It provides care for those persons not in need of hospital care.
"Open Space" means the portion or portions of a parcel
unoccupied or unobstructed by buildings, paving or structures from the ground upward.
"Orchards" means the establishment, care and harvesting of
over twenty-five (25) fruit bearing trees such as persimmon, guava, banana or papaya for
the purpose of selling the fruit to others.
"Organized Recreation Camps" means land or premises
containing structures designed to be used for organized camping. The structures include
bunk houses, tent platforms, mess halls and cooking facilities, and playfields. Examples
include Boy Scout Camps and summer camps.
"Outdoor-Amusement, Commercial" means land or premises
designed to be used by members of the public, for a fee, that contain outdoor amusement
facilities such as miniature golf courses, merry-go-rounds, car race tracks, and outdoor
motion picture theaters.
"Outdoor Recreation" means uses and facilities pertaining
primarily to recreation activities that are carried on primarily outside of structures.
"Outdoor Recreation Concession" means uses and facilities
ancillary to outdoor recreation uses, such as gasoline pumps at piers and marinas, and
boat rental and food and beverage facilities at public beaches.
"Owner" means the holders of at least seventy-five percent
(75%) of the equitable and legal title of a lot.
"Parcel" means an area of contiguous land owned by a person.
"Parking Area, Public" means an open area, other than street
or alley, used for the parking of automobiles and available for public use whether free,
for compensation, or as an accommodation for clients or customers.
"Parking Space, Automobile" means an area other than a street
or alley reserved for the parking of one (1) automobile. The space shall be afforded
adequate ingress and egress.
"Pet Keeping" means the feeding or sheltering of more than
two (2) animals or four (4) birds as a service to others.
"Pet Raising" means the breeding, feeding or sheltering of
more than two (2) animals not normally used for human consumption for the purpose of sale
to others.
"Piggery" means any parcel where ten (10) or more weaned hogs
are maintained.
"Planning Commission" means the Planning Commission of the
County of Kauai.
"Planning Director" means the Director of the Planning
Department of the County of Kauai.
"Poultry Raising" means the breeding, feeding, sheltering or
gathering of more than four (4) game or domestic fowl for the purpose of sale, food or egg
production, or pets.
"Private Recreation Areas" means lands or premises designed
to be used exclusively by owners and renters of dwelling units, that contain such
facilities as tennis courts, playfields, swimming pools, clubhouses, bathing beaches, and
piers.
"Project; Project Instrument". "Project" means
property that is subject to project instruments, including but not limited to condominiums
and cooperative housing corporations. "Project instrument" means one or more
documents, including any amendments to the documents, by whatever name denominated,
containing restrictions or covenants regulating the use or occupancy of a project.
"Property Line" means any property line bounding a lot as
defined in this Section.
"Property Line, Front" means the line separating the lot from
the street or other public areas. In case a lot abuts on more than one (1) street, the lot
owner may elect any street lot line as the front line provided that the choice, in the
discretion of the Planning Director, will not be injurious to adjacent properties and will
comply with any other reasonable determination of the Planning Director. Where a lot does
not abut on a street or where access is by means of an access way, the lot line nearest to
and most nearly parallel to the street line is the front lot line. In cases where this
definition is not applicable, the Planning Director shall designate the front lot line.
"Property Line, Rear" means that line of a lot which is
opposite and most distant from the front line of the lot. In cases where this definition
is not applicable the Planning Director shall designate the rear lot line.
"Property Line, Side" means any lot boundary not a front or
rear lot line.
"Public Facility" means a facility owned or controlled by a
governmental agency.
"Public Utility" has the meaning defined in Section 269-1,
H.R.S.
"Rear, Building" means the side of the building or structure
opposite the front. In cases where this definition is not applicable, the Planning
Director shall make the determination.
"Recreation Vehicle Park" means a parcel of land under one
(1) ownership which has been planned and improved and which is let or rented or used for
the temporary placement of camp trailers and camping vehicles which are utilized for
non-permanent residential use.
"Recreational Trailer" means a portable structure, used or
designed for human habitation or occupancy and built on a chassis with wheels, which is
capable of being licensed as a motor vehicle, a vehicle or a trailer pursuant to Hawaii
Revised Statutes Chapter 249 and transported on a highway, but which is unable, due to its
size, design, construction or other attributes, to comply with the minimum standards and
requirements applicable to dwellings or buildings, or portions thereof, contained in
Section 12-4.4 of Chapter 12, Building Code.
"Religious Facilities" means buildings, other structures, and
land designed to be used for purposes of worship.
"Repair" (as applied to Structures) means the renewal or
treatment of any part of an existing structure for the purpose of its maintenance. The
word "repairs" shall not apply to any change of construction such as alterations
of floors, roofs, walls or the supporting structure of a building or the rearrangement of
any of its component parts.
"Residential Care Home" means any care home facility occupied
by more than five (5) care home residents.
"Resource Management" means uses and facilities pertaining to
forest products, minerals and other natural resources.
"Retail Stores or Shops" means an establishment primarily
engaged in selling goods, wares or merchandise directly to the ultimate consumer.
"School" means an institution with an organized curriculum
offering instruction to children in the grade range kindergarten through twelve (12), or
any portion thereof.
"Setback Line" means a line parallel to any property line and
at a distance from there equal to the required minimum dimension from that property line,
and extending the full length of the property line.
"Slope" means a natural or artificial incline, as a hillside
or terrace. Slope is usually expressed as a ratio or percent.
"Specialized Agriculture" means the growing, collection or
storing of any plant for ornamental or non-food use such as flowers and pot plants.
"Stock Raising" means the breeding, feeding, grazing, herding
or sheltering of more than one (1) animal such as cattle, sheep, pigs, goats, and horses,
for any purpose.
"Story" means the space in a building between the upper
surface of any floor and the upper surface of the floor next above, and if there be no
floor above, then the space between the upper surface of the topmost floor and the ceiling
or roof above.
"Street Center Line" means the center line of a street as
established by official surveys or a recorded subdivision map. If not so established, the
center line is midway between the right-of-way lines bounding the street.
"Street or Highway" means a way or place of whatever nature,
open to the public for purposes of vehicular travel.
"Street Right-of-Way Line" means the boundary line
right-of-way or easement and abutting property.
"Structural Alteration" means any change in the supporting
members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling
joist, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar
components or changes in roof or exterior lines.
"Structure" means anything constructed or erected which
requires location on the ground or which is attached to something having location on the
ground, excluding vehicles designed and used only for the transportation of people or
goods, and excluding utility poles and towers constructed by a public utility.
"Subdivider" means a person commencing proceedings to effect
a division of land for himself or for another.
"Subdivision" means the division of land or the consolidation
and resubdivision into two (2) or more lots or parcels for the purpose of transfer,
sale, lease, or building development, and when appropriate to the context shall relate to
the process of dividing land for any purpose. The term also includes a
building or group of buildings, other than hotel, containing or divided into two (2)
or more dwelling units or lodging units.
"Thoroughfare" means a highway or street.
"Time Share Plan" means any plan or program in which the use,
occupancy, or possession of one or more time share units circulates among various persons
for less than a sixty (60) day period in any year, for any occupant. The term "time
share plan" shall include both time share ownership plans and time share use plans,
as follows:
(A) "Time share ownership plan" means any arrangement whether
by tenancy in common, sale, deed, or other means whereby the purchaser receives an
ownership interest and the right to use the property for a specific or discernible period
by temporal division.
(B) "Time share use plan" means any arrangement, excluding
normal hotel operations, whether by membership agreement, lease, rental agreement,
license, use agreement, security or other means, whereby the purchaser receives a right to
use accommodations or facilities, or both, in a time share unit for a specific or
discernible period by temporal division, but does not receive an owner- ship interest.
"Time Share Unit" means the actual and promised
accommodations, and related facilities, which are the subject of a time share plan.
"Trailer Home" means factory built housing which is capable
of being licensed as a vehicle or trailer pursuant to Hawaii Revised Statutes Chapter 249
and transported upon a highway.
"Transient Vacation Rentals" means rentals in a multi-unit
building for visitors over the course of one (1) or more years, with the duration of
occupancy less than thirty (30) days for the transient occupant.
"Undeveloped Campground" means land or premises designed to
be used for temporary occupancy by campers traveling by foot or horse which may contain
facilities and fireplaces, but do not contain facilities as are provided at developed
campgrounds.
"Use" means the purpose for which land or building is
arranged, designed or intended, or for which either land or building is or may be occupied
or maintained.
"Used" includes "designed, intended or arranged to be
used".
"Use, Existing" means a lawful use of land existing on August
17, 1972.
"Use Permit" means a permit issued under the definite
procedure provided in this Chapter allowing a certain use which is conditionally
permitted for the particular district.
"Utility Facility" means a use or structure used directly in
distribution or transmission of utility services.
"Utility Line" means the conduit, wire or pipe employed to
conduct water, gas, electricity or other commodity from the source tank or facility for
reduction of pressure or voltage or any other installation, employed to facilitate
distribution.
"Wall" means any structure or device forming a physical
barrier, which is so constructed that fifty percent (50%) or more of the vertical surface
is closed and prevents or tends to prevent the passage of light, air and vision through
the surface in a horizontal plane. (This includes structures of concrete, concrete block,
wood or other materials that are solids and are so assembled as to form a solid barrier,
provided carport posts, columns and other similar structures not constructed of fifty
percent (50%) or more of the vertical surface shall be deemed walls.) (Ord. No. 164,
August 17, 1972; Ord. No. 271, December 22, 1975; Sec. 8-1.5, R.C.O. 1976; Ord.
No. 295, November 10, 1976; Ord. No. 317, June 27, 1977; Sec. 8-1.5, 1978 Cumulative
Supplement; Ord. No. 389, July 28, 1980; Ord. No. 416, October 28, 1981; Ord. No.
436, September 22, 1982; Ord. No. 466, September 13, 1984; Ord. No. 484, February 18,
1986; Ord. No. 496, December 24, 1986; Ord. No. 500, March 31, 1987; Ord. No. 609, October
29, 1992)
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