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
Sec. 8-2.1 Districts.
To carry out the purposes of this Chapter, the major and minor
districts into which the County of Kauai may be divided and their official abbreviated
designations are as follows:
(1) Residential--R:
(A) R-1
(B) R-2
(C) R-4
(D) R-6
(E) R-10
(F) R-20
(2) Resort--RR:
(A) RR-10
(B) RR-20
(3) Commercial--C:
(A) Neighborhood Commercial--CN
(B) General Commercial--CG
(4) Industrial--I:
(A) Limited Industrial--IL
(B) General Industrial--IG
(5) Agriculture--A
(6) Open--O
(7) Special Treatment--ST
(A) Public Facilities--ST-P
(B) Cultural/Historic--ST-C
(C) Scenic/Ecological--ST-R
(8) Constraint--S:
(A) Drainage--S-DR
(B) Flood--S-FL
(C) Shore--S-SH
(D) Slope--S-SL
(E) Soils--S-SO
(F) Tsunami--S-TS
(Ord. No. 164, August 17, 1972; Sec. 8-2.1, R.C.O. 1976)
Sec. 8-2.2 Method And Effect Of Establishment
Of Districts.
(a) Any of the districts listed in Sec. 8-2.1 of this Chapter is or may
be established for any portion of the County in map forms as provided in this Section.
(b) Sec. 8-2.3 shall constitute the "Zoning Maps" of the
County of Kauai, an up-to-date copy of which shall be kept for public display in the
office of the Planning Department.
(c) "Zoning Maps" and all notations, reference, data and
other information defined and shown thereon shall be adopted as a part of this Chapter.
Any change in the boundary of any district shall be by ordinance and shall constitute an
amendment to the "Zoning Maps" and also an amendment to this Zoning Ordinance.
As a part of any ordinance enacted by the County Council effecting a change in the zoning
classification of any real property or boundary of any district within the County, there
may be imposed conditions concerning the use or zoning classification of the real property
involved.
(1) Conditions may be imposed at the discretion of the County Council
for the purpose of preventing circumstances which may be adverse to public health, safety
and welfare, to ensure, encourage or enhance the fulfillment of a public need involving
public service, industrial or commercial needs or to preserve the heritage, character and
beauty of the Island of Kauai, to assure substantial compliance with representations made
by the petitioner in seeking the district boundary amendment.
(2) Conditions may include but shall not be limited to specifications
of or limitation on any use, construction, landscaping or development of real property,
and may contain provisions for submission and approval of plans, drawings, specifications,
agreements and other documents to County Agencies and inspection by County Agencies as may
be deemed necessary or desirable by the cognizant County Agencies.
(3) Conditions may be in the form of a condition precedent or a
condition subsequent as the terms are used in common law and may provide that the zoning
classification of the real property shall automatically change upon the occurrence of the
specified condition.
(4) Conditions may contain specifications of time limitations or may be
continuing.
(5) The Council may require the petitioner for district boundary
amendment to submit a development schedule providing for the completion of development
within a reasonable time period; to demonstrate financial, organizational and legal
capacity to undertake the development that is proposed; and to offer written assurances of
compliance with any representations made by the petitioner as part of the application and
any specific conditions attached to approval of the application.
(6) The Council may require petitioners to submit periodic reports
indicating what progress has been made in complying with any conditions that have been
imposed by the Council under the provisions of this Section.
(7) If affordable housing conditions are included in an existing or
future ordinance or if such ordinance is silent, no other affordable housing conditions
shall be imposed on or agreed to by the petitioner or buyers, unless required by the State
Land use Commission, ordinance, or Planning Commission condition approved by the Council.
(d) Upon adoption of any district as a part of the "Zoning
Map", the land thus defined shall become subject to the specific regulations for all
of the districts in which it is located and to the provisions of this Chapter and except
as otherwise provided:
(1) No building, structure or portion thereof shall be erected, or
altered, nor shall any structure, land or premises be used except in the manner indicated
and only for the uses permitted in the districts in which the building, structure, land or
premises is located.
(2) No building, structure or portion thereof shall be established,
erected, or altered to exceed the height limits and densities, or to encroach upon minimum
setbacks and designated open spaces, or to exceed the land coverage limitations, as
designated in this Chapter for the districts in which the structure is located.
(3) Every use of land shall at all times be located on a parcel of land
having not less than the minimum area as designated for the districts in which the use is
located.
(4) No building, structure, or portion thereof, and no use, activity or
development subject to regulation under this Chapter shall be undertaken or established
except in accordance with the provisions of this Chapter and without first obtaining the
permits required by this Chapter.
(e) Where uncertainty exists as to the boundaries of any of the
aforesaid districts as shown on the "Zoning Map", the following rules shall
apply:
(1) Boundaries indicated as approximately following the centerlines of
streets, highways, or alleys shall be construed to follow the centerlines.
(2) Boundaries indicated as approximately following plotted lot lines
shall be construed as following the lot lines.
(3) Boundaries indicated as approximately following jurisdictional
lines shall be construed as following the limits.
(4) Boundaries indicated as following shore lines shall be construed to
follow the shoreline as defined in Section 205-31, H.R.S.; boundaries indicated as
approximately following the centerlines of streams, rivers, canals, lakes, or other bodies
of water shall be construed to follow the centerlines.
(5) The intent of the boundaries on the Zoning Maps is to differentiate
relative uses or characteristics and is not intended to be a precise graphic definition.
Where physical or cultural features existing on the ground vary from those shown on the
"Zoning Map", or in other circumstances not covered by Subsections (a) through
(d), the Planning Director shall determine the location of the boundaries. (Ord. No. 164,
August 17, 1972; Ord. No. 213, May 15, 1974; Sec. 8-2.2, R.C.O. 1976; Ord. No. 346,
April 3, 1978; Sec. 8-2.2, 1978 Cumulative Supplement; Ord. No. 614, November 27, 1992)
Sec. 8-2.3 Zoning Maps.
(a) In order to carry out the purpose of this Chapter, the following
maps are created and designated as Sections of the Zoning Maps of the County of Kauai,
current copies of which shall be kept for public display in the office of the Planning
Department:
(1) Kapaa--Lihue Planning Area:
ZM-500 1" - 1000'
ZM-WH500 1" - 200'
ZM-WA500 1" - 200'
ZM-WP500 1" - 200'
ZM-KP500 1" - 200'
ZM-KH500 1" - 200'
ZM-AN500 1" - 200'
ZM-400 1" - 1000'
ZM-NW400 1" - 200'
ZM-LI400 1" - 200'
ZM-HM400 1" - 200'
ZM-P400 1" - 200'
(2) Koloa--Poipu Planning Area:
ZM-300 1" - 1000'
ZM-KL300 1" - 200'
ZM-LW300 1" - 200'
ZM-KO300 1" - 200'
ZM-KU300 1" - 200'
ZM-PO300 1" - 200'
ZM-OM300 1" - 200'
(3) Hanapepe Planning Area:
ZM-200 1" - 1000'
ZM-H200 1" - 200'
(4) Waimea Planning Area:
ZM-100 1" - 1000'
ZM-K100 1" - 200'
ZM-W100 1" - 200'
(5) Hanalei Planning Area:
ZM-700 1" - 1000'
ZM-HN700 1" - 200'
ZM-HA700 1" - 200'
ZM-PR700 1" - 200'
ZM-KK700 1" - 200'
(6) Kilauea Planning Area:
ZM-600 1" - 1000'
ZM-KI600 1" - 200'
(7) Kauai--Niihau Islands:
ZM-CK 1" - 1 Mile
(b) Maps indicating Constraint Districts for each of the six (6)
planning areas will be at the same scale as the maps at a scale of one inch (1")
equals one thousand feet (1000'). Current copies of all maps shall be kept in the office
of the Planning Department. Other maps and development plans may be adopted to accommodate
special requirements of a particular area. (Ord. No. 164, August 17, 1972; Sec. 8-2.3,
R.C.O. 1976)
Sec. 8-2.1 Districts
Sec. 8-2.2 Method And Effect Of Establishment Of Districts
Sec. 8-2.3 Zoning Maps