"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. "

 

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

Sec. 8-4.1 Purpose.

(a) To create and protect attractive areas in pleasing and harmonious surroundings to accommodate the needs and desires primarily of visitors, tourists and transient guests.

(b) To control density and to assure that undue congestion of streets and facilities will not occur.

(c) To control the organization and design of use and structures to assure that the development will not detract from the natural features and attributes of the surrounding area.

(d) To insure that physical and visual public access to recreational, historic and scenic areas is maintained and improved. (Ord. No. 164, August 17, 1972; Sec. 8-4.1, R.C.O. 1976)

Sec. 8-4.2 Types Of Resort Districts.

(a) There are two (2) resort density districts as follows:

(1) RR-10

(2) RR-20

(b) The number portion of each resort density district establishes the maximum number of dwelling units including hotel and motel rooms that may be permitted per acre of land in each district as calculated in accordance with Sec. 8-3.8, except that each hotel and motel room shall be considered as one-half (1/2) of one (1) dwelling unit in computing the allowable number of dwelling units. (Ord. No. 164, August 17, 1972; Sec. 8-4.2, R.C.O. 1976)

Sec. 8-4.3 Generally Permitted Resort Uses And Structures.

The following types of uses and structures are permitted in RR-10 and RR-20 Districts, so long as the dwelling unit limitations established in Sec. 8-4.2 are not exceeded and provided that each use or structure is incidental to or accessory to resort development:

(1) Accessory structures and uses

(2) Apartment hotels

(3) Automobile service and storage

(4) Barber shop and beauty shop

(5) Commercial recreation

(6) Gift shops

(7) Golf courses

(8) Home business

(9) Hotels

(10) Laundromat

(11) Libraries

(12) Motels

(13) Museums

(14) Police and fire stations

(15) Public parks and monuments

(16) Restaurants and food service

(17) Retail cleaning outlets

(18) Retail clothing shops

(19) Retail food and drug shops

(20) Shoe repair shops

(21) Single family detached dwellings

(Ord. No. 164, August 17, 1972; Sec. 8-4.3, R.C.O. 1976; Ord. No. 388, June 30, 1980)

Sec. 8-4.4 Uses And Structures In Resort Districts That Require A Use Permit.

The following uses and structures in resort districts shall require a use permit:

(1) Agriculture

(2) Automobile sales and repair

(3) Bars, night clubs and cabaret, not a part of a hotel

(4) Churches, temples and monasteries

(5) Day camps

(6) Employee or construction worker temporary housing

(7) Marinas, transportation terminals and docks

(8) Professional offices

(9) Project development in accordance with Article 18 of this Chapter

(10) Public utilities and facilities

(11) Retail manufacturing

(12) Shopping centers

(13) Theaters and auditoriums

(14) Any other use or structure which the Planning Director finds to be similar in nature to those listed in this section and appropriate to the District. (Ord. No. 164, August 17, 1972; Sec. 8-4.4, R.C.O. 1976)

Sec. 8-4.5 Development Standards.

(a) Residential. Subject to the density and acreage limitations in the particular Resort District as provided in Sec. 8-4.2, the standards for the development of single family detached residential structures shall be the same as those provided in Sec. 8-3.1.

(b) Hotels. Buildings containing hotel rooms shall be considered the same as multiple family dwellings subject to the same standards as provided in Secs. 8-3.5 through 8-3.8, inclusive, with the following exceptions:

(1) there is no maximum distance requirement from buildings containing dwelling units to parking areas;

(2) only one (1) parking space must be provided for each three (3) hotel rooms;

(3) the maximum allowable land coverage shall be fifty percent (50%);

No hotel room in a structure containing more than three (3) rooms shall be converted to a dwelling unit without first obtaining a Class IV Zoning Permit.

(c) Motels. Development standards for motels shall be the same as those for multiple family dwellings as provided in Secs. 8-3.5 through 8-3.8, inclusive, with the following exceptions:

(1) parking spaces must be within one hundred fifty (150) feet of the dwelling unit or motel room served;

(2) at least one (1) parking space shall be provided for each motel room.

(d) Other Permitted Uses. Parking service, open space and other requirements applicable to each use other than dwelling units shall be the same as the regulations established in the district other than Resort where such uses are permitted and regulated.

(e) Other Requirements. Other requirements for development standards in resort districts are as follows:

(1) The Planning Director or the Planning Commission may revise the requirements if the plan review required for a zoning permit indicates that the specific nature of the overall development reasonably warrants the revisions.

(2) The Planning Commission may require the dedication of adequate public access ways not less than six (6) feet in width to publicly-owned land or waters and may require the preservation of all historic and archaeologic sites, known or discovered on the parcel subject to development. (Ord. No. 164, August 17, 1972; Sec. 8-4.5, R.C.O. 1976; Ord. No. 363, April 5, 1979; Ord. No. 388, June 30, 1980; Ord. No. 396, August 11, 1980)

Sec. 8-4.6 Permits Required.

(a) No construction or other development for which standards are established in this Chapter shall be undertaken within any Resort District except in accordance with a valid zoning permit. The following zoning permits, in accordance with Article 19, shall be required for the following activities:

(1) Class I Permit. A Class I Permit must be obtained for construction or development on a parcel where:

(A) the parcel is not located in a Constraint District or a Special Treatment District, and is not large enough to qualify for more than one (1) dwelling unit under the density permitted in the Resort District in which the parcel is located; and

(B) the construction or development does not require a use permit or a variance permit.

(2) Class II Permit. A Class II Permit must be obtained for construction or development on a parcel where:

(A) the parcel is not located in a Constraint District or a Special Treatment District, and is large enough to qualify for two (2) to ten (10) dwelling units under the density permitted in the Resort District in which the parcel is located; and

(B) the construction or development does not require a use permit or a variance permit.

(3) Class III Permit. A Class III Permit must be obtained for construction or development on a parcel for which a variance permit is not required, where:

(A) the parcel is large enough to qualify for eleven (11) to twenty-five (25) dwelling units under the density permitted in the Resort District in which the parcel is located, whether or not the parcel is located in a Constraint District or Special Treatment District; or

(B) the construction or development consists of one (1) single family detached dwelling in which case a Class II Permit may be obtained unless the parcel is located in a Constraint District or a Special Treatment District; or

(C) the construction or development is such that a Class I or Class II Permit would otherwise be obtainable except that the parcel is located in a Constraint District or a Special Treatment District.

(4) Class IV Permit. A Class IV Permit must be obtained for construction or development on a parcel that is:

(A) large enough to qualify for more than twenty-five (25) dwelling units whether or not the parcel is located in a Constraint District or Special Treatment District, and whether or not a use permit or variance permit is required; or

(B) for which a Class I, II, or III Permit would otherwise be obtainable except that a variance permit is required.

(5) To obtain any permit the applicant shall show compliance with the Standards established in this Section and shall submit a plot plan and other information as required by Sec. 8-3.8(d). (Ord. No. 164, August 17, 1972; Sec. 8-4.6, R.C.O. 1976)

Sec. 8-4.7 Application To Resort Development In Other Districts.

All resort construction, development or use permitted by or in accordance with this Chapter in any other Use District shall be carried out in accordance with the Standards established in this Section. (Ord. No. 164, August 17, 1972; Sec. 8-4.7, R.C.O. 1976)

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

 


"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. "