(a)   All permit applications subject to this chapter must, at the time of processing, be reviewed for compliance with Chapter 21A. Whenever applicable, the flood hazard area requirements of a development project must be determined before processing for other approvals mandated by other laws and regulations.

(b)   Dwellings in country, residential, and agricultural zoning districts, as well as single-unit, two-unit, and duplex-unit dwellings in apartment and apartment mixed-use zoning districts, may exceed the maximum height in the district by no more than 5 feet if required to have its lowest floor elevated to or above the base flood elevation; provided that such additional height must not be greater than 25 feet above the base flood elevation.

(c)   Notwithstanding any other provision to the contrary, no more than two dwelling units are permitted on a single zoning lot whose only buildable area is in the floodway. This provision, designed to reduce flood losses, takes precedence over any less restrictive, conflicting laws, ordinances, or rules.

(a)   To fulfill district design objectives, each special district may contain regulations which provide guidance for the design of new development and the renovation of existing development.

(b)   Rules may supplement or modify underlying zoning district regulations. Sections 21-9.20-2 through 21-9.20-5 shall apply to all special districts.

(c)   The director may establish supplemental design guidelines for special districts to illustrate further the objectives and design controls of each special district.

(a)   Major permits. These permits are intended for projects that may significantly change the intended character of the special district. All major permits, other than TOD special district permits, will be reviewed by the design advisory committee as specified in § 21-2.40-2.

(b)   Minor permits. Minor permits are intended for projects that will have limited impact and are considered minor in nature. The director shall have the right to review and modify such projects.

(c)   Exempt projects. Exempt projects will have negligible or no impact and therefore do not require review. They include projects that require emergency repairs or interior work, and do not change the exterior appearance of a structure. Within a TOD special district, projects that are less than 1 acre in area or that do not require discretionary review because they meet the development standards in § 21-9.100-8, are also exempt projects.

(a)   The director shall appoint a design advisory committee which shall provide design input to the director on significant proposals in the special districts. The committee shall hear proposals for major special district permits and advise the director concerning the approval, denial, or modification of these projects based on the purposes, objectives, and design controls of the particular special district.

(b)   The committee shall consist of a minimum of seven members as follows:

(1)   Two architects;

(2)   Two landscape architects;

(3)   Two urban planners; and

(4)   State historic preservation officer from the State department of land and natural resources or designated representative.

(a)   As the seat of State and county government, Honolulu enjoys the clustering of government facilities and buildings. Many of the buildings are listed on the State and national registers of historic places. Because of their close proximity, these facilities, and the areas adjacent to them, contribute significantly to the urban design of Honolulu.

(b)   The purpose of this section is to establish a special district to be called the “Hawaii capital special district” and to provide for its protection, preservation, enhancement, and orderly development.

(c)   It is also the purpose of this section to emphasize that the Hawaii capital special district and its landmarks are sources of education, pleasure, and intangible benefit for the people of the State of Hawaii and to foster civic pride in the beauty of the district and accomplishments of the past.

(a)   To provide safeguards for the preservation and enhancement of buildings and landmarks within the Hawaii capital special district which represent or reflect elements of the State’s civic, aesthetic, cultural, social, economic, political, and architectural heritage, and encourage new development which is compatible with and complements those buildings and sites; and

(b)   To preserve and enhance the park-like setting of the Hawaii capital special district, including its view from the Punchbowl lookout.

(a)   The following streets and locations identify important pedestrian and vehicular corridors by which one experiences the Hawaii capital special district, as well as views of the mountains and the waterfront. The design of all proposed projects within the district shall be guided by the required yards as shown on Exhibit 21-9.1:

(1)   Beretania Street between Alapai Street and Alakea Street;

(2)   The Hotel Street Mall between Alapai Street and Richards Street;

(3)   Hotel Street between Richards Street and Alakea Street;

(4)   King Street between South Street and Alakea Street;

(5)   Kapiolani Boulevard at the intersection of South Street and King Street;

(6)   Ala Moana Boulevard between Punchbowl Street and the district boundary;

(7)   Mililani Street and Mall between Halekauwila Street and King Street;

(8)   Punchbowl Street between Beretania Street and Ala Moana Boulevard;

(9)   South Street between King and Pohukaina Streets;

(10)   Richards Street between Halekauwila and Beretania Streets;

(11)   Alapai Street between King and Beretania Streets; and

(12)   The fifth floor lanais of the State Capitol Building, emphasizing a mauka-makai orientation.

(b)   The following is a listing of sites, structures and objects which are on the State or national registers of historic sites, or both, and, therefore, are worthy of preservation. They are identified by number on Exhibit 21-9.3:

(1)   Kawaiahao Church and grounds;

(2)   Adobe School House;

(3)   Lunalilo Mausoleum;

(4)   Kekuanaoa Building;

(5)   Kapuaiwa Building;

(6)   Hale Auhau;

(7)   Kamehameha I Statue;

(8)   Aliiolani Hale;

(9)   U.S. Post Office;

(10)   Hawaiian Electric Building;

(11)   Honolulu Hale and grounds;

(12)   Mission Memorial Building Annex;

(13)   Honolulu Hale Annex (Mission Memorial Building and Auditorium);

(14)   Iolani Palace and grounds;

(15)   Iolani Barracks;

(16)   Royal Burial Ground and Fence;

(17)   Coronation Bandstand;

(18)   Captain Cook Memorial Tablet;

(19)   YWCA and grounds;

(20)   Banyan tree on the Iolani Palace grounds;

(21)   Old Archives Building (Attorney General’s Building);

(22)   Hawaii State Library;

(23)   State Capitol and grounds;

(24)   Armed Services YMCA and grounds (No. 1 Capitol District);

(25)   St. Andrew’s Cathedral, including St. Andrew’s Close, Davies and Tenney Halls and Parke Memorial Chapel adjacent to the cathedral;

(26)   Washington Place and grounds;

(27)   Mission Houses;

(28)   Aloha Tower;

(29)   Royal Brewery;

(30)   Podmore Building; and

(31)   Old Kakaako Fire Station.

(c)   Several other buildings contribute to the character of the district. In reviewing applications for modifications or removal, or both, of the following structures, efforts to retain them are to be encouraged.

(1)   St. Andrew’s Priory;

(2)   St. Peter’s Church;

(3)   Aliiolani Hale Annex;

(4)   Mabel Smythe Building;

(5)   Harkness Nurses Home;

(6)   Board of Water Supply Buildings;

(7)   Arcade Building; and

(8)   1919 Hawaiian Electric Company Building.

(a)   Landscaping.

(1)   Open space and yard requirements for each precinct shown on Exhibits 21-9.1 and 21-9.2, respectively, shall be landscaped in accordance with landscape guidelines and regulations contained in this subsection. If no yard or open space requirement is shown, underlying zoning district regulations shall prevail.

(2)   All required yards shall be landscaped and maintained with a minimum of 75 percent of the area devoted exclusively to plant material rooted directly in the ground or permanently fixed plant containers.

(3)   Vertical form trees shall be planted and maintained along the front yard perimeter of parking structures to reduce the visual impact of blank walls and parked vehicles. A tree shall be planted for every 20 feet of linear building length. Acceptable tree species include coconut palms, paperbark, and eucalyptus. If there is sufficient space, canopy form trees may be substituted. Alternatively, planter boxes with vines may be provided on the facades of every parking level.

(4)   Rooftop parking and mechanical equipment shall be substantially screened or painted, or both, to soften their appearance from the Capitol building and the Punchbowl lookouts.

(5)   All required trees shall be provided in conformance with subdivision (8), and shall be a minimum 2-inch caliper, except palms which shall have a minimum trunk height of 15 feet. All tree planting shall be in conformance with the requirements and standards shown on Exhibit 21-9.4, except that alternative species, especially native Hawaiian or species long present and common to the Hawaiian Islands, including flowering varieties, shall be encouraged and may be substituted in all instances upon approval by the director. Other exceptions to accommodate special conditions may be approved by the director.

(6)   Landscaping for the Iolani Palace grounds shall be in conformance with the master plan as approved by the department, the National Council on Historic Preservation and the State department of land and natural resources.

(7)   Landscaping for the Queen’s Medical Center shall include retention of its existing large front lawn along Punchbowl Street, except for the Queen Emma Tower expansion and the Hawaii Medical Library parking garage authorized by Res. 04-244, CD1, FD1; necessary driveways providing vehicular access through the campus; and pedestrian accessways. Main entrances that exit to ground level shall include a view of landscaping, including trees wherever possible.

(8)   Street trees shall be provided along major streets as delineated below, and shown on Exhibit 21-9.4.

(A)   Beretania Street, except fronting the State Capitol:

(i)   Species. Monkeypod (Samanea saman);

(ii)   Maximum spacing. 60 feet on center; and

(iii)   Location. Within the required front yard.

(B)   King Street, except fronting the Iolani Palace grounds and Aliiolani Hale:

(i)   Species. Rainbow Shower (Cassia hybrida) or Monkeypod (Samanea saman);

(ii)   Maximum spacing. 50 feet on center; and

(iii)   Location. First 5 feet of required front yard.

(C)   Richards Street, except fronting Iolani Palace grounds:

(i)   Species. Royal Poinciana (Delonix regia);

(ii)   Maximum spacing. 60 feet on center; and

(iii)   Location. First 5 feet of required front yard.

(D)   Punchbowl Street:

(i)   Species. Monkeypod (Samanea saman);

(ii)   Maximum spacing. 60 feet on center; and

(iii)   Location. Within the required front yard.

(E)   Alapai Street:

(i)   Species. Monkeypod (Samanea saman);

(ii)   Maximum spacing. 60 feet on center; and

(iii)   Location. Within the required front yard.

(F)   Ala Moana/Nimitz Highway:

(i)   Species. Coconut Palm (Cocos nucifera);

(ii)   Maximum spacing. Three palm trees shall be provided per 50 feet of street frontage; and

(iii)   Location. First 5 feet of required front yard.

(G)   South Street:

(i)   Species. Autograph (Clusea rosea);

(ii)   Maximum spacing. 40 feet on center; and

(iii)   Location. Within the required front yard.

(H)   Alakea Street and Queen Emma Street:

(i)   Species. False Olive;

(ii)   Maximum spacing. 20 feet on center; and

(iii)   Location. Within the sidewalk area.

(I)   Vineyard Boulevard:

(i)   Species. Monkeypod (Samanea saman);

(ii)   Maximum spacing. 60 feet on center; and

(iii)   Location. Within the required front yard.

(9)   For all other streets, except those along the State Capitol and Iolani Palace grounds, street trees shall be provided at a minimum 2-inch caliper. Species and spacing shall be chosen from an approved tree list on file with the department and the department of parks and recreation.

(10)   If location of street trees in the sidewalk area is infeasible, the trees shall be located in the required front yard.

(11)   In the event there are no feasible locations for street trees, substitute landscaping may be permitted upon approval by the director.

(12)   Credit shall be given, at a ratio of one to one, for existing trees that are to be preserved.

(13)   Any tree 6 inches or greater in trunk diameter shall not be removed or destroyed except as follows:

(A)   The tree is not visible from any street, park, or other public viewing area;

(B)   Appropriate development of the site cannot be achieved without removal of the tree;

(C)   The tree is a hazard to the public safety or welfare;

(D)   The tree is dead, diseased, or otherwise irretrievably damaged; and

(E)   The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation.

(14)   Any tree removed which is visible from any street, park, or other public viewing area shall be replaced by an approved tree of a minimum 2-inch caliper or by alternative approved landscaping material, unless the replacement results in overcrowded vegetation.

(15)   Where possible, trees proposed for removal shall be relocated to another area of the project site.

(b)   Design guidelines for the historic precinct. The following design guidelines shall be used in the design and review of new construction and renovation in the historic precinct. They are intended to promote the concept of “contextualism,” wherein new developments are sensitive to the existing historic and other significant structures;

(1)   Roof treatment. Roof treatment should reflect existing roofscape by using combinations of overhanging eaves and pitches greater than 1:3. Roofing materials should be green or reddish earth-toned tile or gray slate roofing surfaces, or roofing surfaces that closely resemble existing tile or slate roof in color, texture, and appearance;

(2)   Architectural style. Architectural elements to be encouraged are the open design of arcades, porches, entryways, internal pedestrian spaces, and courtyards. New developments should be influenced by the following architectural styles: modified Mediterranean, Spanish mission, Victorian, U.S. Greek revival, Italianate revival, and French second empire;

(3)   Facade. Facade elements common to the precinct include recessed window openings and strong horizontal lines expressed by combinations of fenestrations, openings, wall edges, and decorations. New development should incorporate and employ these elements to visually relate new buildings to adjacent facades of established historic value. Typical is the use of projections, columns, balconies, and recessed openings;

(4)   Color and surface.

(A)   Colors and surfaces in the precinct are characterized by being absorptive rather than reflective. The use of shiny metal or reflective surfaces, including paints and smooth or plastic-like surfaces should be avoided. Colors and surfaces that predominate include warm white walls, earth tones, natural colors of stone, coral, and cast concrete. Concrete, stone, terra cotta, plaster, and wood should be principal finish materials; and

(B)   If the use of metal surfaces is required, they should be used with black or dark earth-toned matte finishes. Copper and brass may be acceptable metal surfaces. Glass surfaces, where used, should be recessed and clear, or of light earth-toned tints;

(5)   Texture. Characteristic textures include those of stucco, tile, concrete, cut coral, cut stone, cast iron, grass, and foliage. Development should employ surface qualities that are sympathetic to historic and original uses of material;

(6)   Details.

(A)   Details are of prime interest and importance at the pedestrian scale and constitute an important design element. The use of terra cotta, plaster work, ironwork, ornament painting, and sculptural elements is highly encouraged; and

(B)   Respect for historic design including detailing should be maintained on elements such as pavers, curbs, signs, planters, benches, trash cans, fountains, lighting, bus shelters, and flag and utility poles;

(7)   Entry treatment. Characteristic of places within the precinct is the treatment of building entry which provides comfortable transitions from outside to inside. These elements include arcades and porches recessed or projecting from the building mass;

(8)   Orientation. To protect mauka views within the precinct, new development should be oriented on a mauka-makai axis;

(9)   Signs. Signs shall not be directly illuminated, have moving parts, luminous paints, or reflective materials. Any illumination should be from a detached source shielded from direct view. No box fluorescent signs shall be allowed;

(10)   Landscape treatment.

(A)   Large open spaces, lawns and canopy-type shade trees, fountains, and sculptures shall be compatible with the grounds of Iolani Palace and the Capitol building;

(B)   In small open areas, combinations of ground covers, shrub masses, flowering trees, and palms may be used either to introduce rich foliage patterns, for screening purposes, or to provide contrast to large, open lawn areas; and

(C)   Small-scale landscape features such as courtyards, resting places, entrances, and intimate gardens are encouraged and should be compatible with, and secondary to, the larger park-like landscape;

(c)   Design guidelines for other precincts.

(1)   Open space. All parcels shall comply with the minimum open space expressed as a percentage of lot area designated on Exhibit 21-9.1; and

(2)   Visual impacts. All major development, especially on those parcels and building facades visible and adjacent to the historic precinct, shall be reviewed to ensure that new structures do not visually intrude into the historic precinct. Articulated building walls are encouraged. The use of recessed windows, lanais, projecting eyebrows, offsets in the wall planes and exterior colors may be used to achieve this articulation; and

(d)   Height regulations.

(1)   Heights for all precincts are identified on Exhibit 21-9.1.

(2)   The director may exempt the following architectural features from the height regulations of the Hawaii capital special district; provided that they are erected only to such height as is necessary to accomplish the purpose for which they serve, but in no case exceeding 12 feet above the maximum height limit. These building elements may be exempted only if the director finds they do not obstruct any significant views which are to be preserved, protected, and enhanced, and are consistent with the intent and objectives of the Hawaii capital special district:

(A)   Necessary mechanical appurtenances of the building on which they are erected; provided that they are screened from view;

(B)   Necessary utilitarian features, including stairwell enclosures, ventilators, and skylights;

(C)   Decorative or recreational features, including rooftop gardens, planter boxes, flagpoles, parapet walls, or ornamental cornices; and

(a)   Diamond Head is a volcanic crater that has been declared a State and national monument. Its natural appearance and prominent public views have special values of local, State, national, and international significance and are in danger of being lost or seriously diminished through changes in land use and accompanying land development.

(b)   In accordance with these findings and established public policies, it is necessary to preserve and protect the views of the Diamond Head monument.

(a)   To preserve existing prominent public views and the natural appearance of Diamond Head by modifying construction projects that would diminish these resources; and

(b)   To preserve and enhance the park-like character of the immediate slopes of the Diamond Head monument, including Kapiolani Park.

(a)   Public streets.

(1)   Ala Wai Boulevard from McCully Street to Kapahulu Avenue;

(2)   Paki Avenue from Kapahulu Avenue to Diamond Head Road;

(3)   Diamond Head Road;

(4)   Date Street from the Manoa-Palolo Drainage Canal to Kapahulu Avenue;

(5)   Campbell Avenue from Kapahulu Avenue to Monsarrat Avenue;

(6)   Kalakaua Avenue from Kapahulu Avenue to Coconut Avenue;

(7)   Kapahulu Avenue in the vicinity of the intersection of Date Street and Campbell Avenue;

(8)   Monsarrat Avenue;

(9)   12th Avenue from Maunaloa Avenue to Alohea Avenue;

(10)   18th Avenue from Kilauea Avenue to Diamond Head Road; and

(11)   Kilauea Avenue from Elepaio Street to 12th Avenue.

(b)   Public viewing sites.

(1)   Ala Moana Beach, including Magic Island;

(2)   The beaches extending from the Ala Wai Yacht Harbor to Sans Souci Beach;

(3)   Kapiolani Park;

(4)   Honolulu Zoo;

(5)   Ala Wai Golf Course;

(6)   Ala Wai Park;

(7)   Kapaolono Field;

(8)   Fort Ruger Park (Kahala Triangle Park);

(9)   Ala Wai Elementary School;

(10)   Jefferson Elementary School;

(11)   Waikiki Elementary School;

(12)   Kilauea Playground;

(13)   Kaimuki Intermediate School;

(14)   H-1 Freeway near the Kapahulu Avenue overpass;

(15)   Punchbowl lookouts; and

(16)   Puu Ualakaa State Park lookout.

(a)   Landscaping.

(1)   All required yards within the district shall be landscaped and maintained;

(2)   On the ocean side of Diamond Head, including makai of Kalakaua Avenue, palm trees are appropriate since they convey the tropical characteristics of Hawaii, and provide vertical accents in counterpoint to the high crater behind them;

(3)   Within the core area, along Diamond Head Road, Monsarrat Avenue, and Kalakaua Avenue, all fences or walls exceeding 36 inches in height shall be set back a minimum of 18 inches along all street frontages and landscaped with vine, hedge, or other approved planting on the street sides;

(4)   Street trees shall be provided at a minimum 2-inch caliper. Species and spacing shall be chosen from an approved tree list on file with the department and the department of parks and recreation;

(5)   If location of street trees in the sidewalk area is infeasible, the trees shall be located in the required front yard;

(6)   In the event there are no feasible locations for street trees, substitute landscaping may be permitted upon approval by the director;

(7)   Credit shall be given, at a ratio of one to one, for existing trees that are to be preserved;

(8)   Any tree 6 inches or greater in trunk diameter located within the core area identified on Exhibit 21-9.5 shall not be removed or destroyed except as follows:

(A)   The tree is not visible from any street, park, or other public viewing area;

(B)   Appropriate development of the site cannot be achieved without removal of the tree;

(C)   The tree is a hazard to the public safety or welfare;

(D)   The tree is dead, diseased, or otherwise irretrievably damaged; and

(E)   The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation;

(9)   Any tree removed which is visible from any street, park, or other public viewing area identified in § 21-9.40-3(b) shall be replaced by an approved tree of a minimum 2-inch caliper or by alternative- approved landscaping material, unless the replacement results in overcrowded vegetation;

(10)   Where possible, trees proposed for removal shall be relocated to another area of the project site; and

(11)   Vertical form trees shall be planted and maintained along the front yard perimeter of parking structures to reduce the visual impact of blank walls and parked vehicles. A minimum 2-inch caliper tree, or in the case of palm trees, a minimum trunk height of 15 feet, shall be planted for every 20 feet of linear building length. Acceptable tree species include coconut palms, paperbark, and eucalyptus. If there is sufficient space, canopy form trees may be substituted. Alternatively, planter boxes with vines may be provided on the facades of every parking level;

(b)   Heights.

(1)   Height precincts for the district are identified on Exhibit 21-9.5;

(2)   The director may grant exceptions to special district height limits, not to exceed the height regulations for the underlying zoning district, if the applicant can demonstrate the following:

(A)   That the proposed construction would not substantially diminish any views from any of the prominent public vantage points described for the special district; or

(B)   That the extra height is necessary to achieve some public objective of importance. Such demonstrations shall include:

(i)   Information that provides a basis for the objective in terms of a public need or problem;

(ii)   Other reasonable alternatives to achieve the objective; and

(iii)   An appropriate analysis of the alternatives that indicates that the proposed construction is the most beneficial to the public’s interest;

(3)   The director may exempt the following architectural features from the height regulations of the special district; provided that they are erected only to such height as is necessary to accomplish the purpose for which they serve, but in no case exceeding 12 feet above the maximum height limit. These building elements may be exempted only if the director finds they do not obstruct any significant views which are to be preserved, protected, and enhanced, and are consistent with the intent and objectives of the Diamond Head special district:

(A)   Necessary mechanical appurtenances of the building on which they are erected; provided that they are screened from view;

(B)   Necessary utilitarian features, including stairwell enclosures, ventilators, and skylights;

(C)   Decorative or recreational features, including rooftop gardens, planter boxes, flagpoles, parapet walls, or ornamental cornices; and

(D)   Except for flagpoles and smokestacks, all items listed in § 21-4.60(c) shall also be exempt from the height provisions of this section; and

(c)   Architectural appearance and character.

(a)   The significance of the National Memorial Cemetery of the Pacific as a national monument and as one of Hawaii’s important landmarks has long been recognized. Over the years, however, land development and land use changes in the area have posed a serious threat to the views of its slopes and diminished the serenity of the natural appearance and sanctity of the national cemetery and its environs.

(b)   The natural appearance of Punchbowl and the prominent public views of Punchbowl have special values of local, State, national, and international significance, and are in danger of being lost or further diminished through adjacent and surrounding land development. Therefore, it is necessary to preserve and protect the public views of Punchbowl, and the appearance of its slopes and surrounding areas.

(a)   Preserve and enhance Punchbowl’s form and character as a significant landmark;

(b)   Preserve and enhance the park-like character of the immediate slopes of Punchbowl and its major streets;

(c)   Preserve and enhance significant public views to and from Punchbowl, especially those from the Punchbowl lookouts and long-range views of Punchbowl, by modifying construction projects that would diminish those views;

(d)   Provide landscaping and open space which will enhance views and the general character of the Punchbowl area; and

(e)   Preserve, enhance, and restore to the extent possible, the serene and scenic qualities within the national cemetery.

(a)   Height regulations.

(1)   The district’s height limit precincts are delineated on Exhibit 21-9.6;

(2)   The maximum heights of structures at the required front yard shall not exceed 15 feet. An additional height setback equal to 1 foot for each 2 feet in height shall be provided to extend a maximum of 30 feet from the street property line, at which point the permitted maximum height shall prevail;

(3)   The director may grant exceptions to zero height limits, not to exceed the height regulations for the underlying zoning district, if the applicant can demonstrate the following:

(A)   That the proposed construction would not substantially diminish any views of Punchbowl from any of the prominent vistas and viewing areas identified on Exhibit 21-9.7; or

(B)   That the extra height is necessary to achieve some public objective of importance. Such demonstrations shall include:

(i)   Information which provides a basis for the objective in terms of a public need or problem;

(ii)   Other reasonable alternatives to achieve the objective; and

(iii)   An appropriate analysis of the alternatives which indicate that the proposed construction is the most beneficial to the public’s interest;

(4)   The director may exempt the following architectural features from the height regulations of the special district; provided that they are erected only to such height as is necessary to accomplish the purpose for which they serve, but in no case exceeding 12 feet above the maximum height limit. These building elements may be exempted only if the director finds they do not obstruct any significant views which are to be preserved, protected, and enhanced, and are consistent with the intent and objectives of the Punchbowl special district:

(A)   Necessary mechanical appurtenances of the building on which they are erected; provided that they are screened from view;

(B)   Necessary utilitarian features, including stairwell enclosures, ventilators, and skylights; and

(C)   Decorative or recreational features, including rooftop gardens, planter boxes, flagpoles, parapet walls, or ornamental cornices;

(5)   Except for flagpoles and smokestacks, all items listed in § 21-4.60(c) shall also be exempt from the height provisions of this subsection;

(b)   Maximum building area. In addition to the requirements for maximum building area in underlying residential, apartment, and apartment mixed use zoning districts, the percentage of maximum building area for zoning lots in business, business mixed-use, and industrial districts shall be 50 percent;

(c)   Architectural appearance and character.

(1)   Articulated facades are encouraged to break up building mass. The use of recessed windows, lanais, projecting eyebrows, offsets in the wall planes, and exterior colors may be used to achieve this articulation; and

(2)   Materials, finishes, and colors, including roofs, shall be nonreflective and subdued in appearance;

(d)   Required yards. The minimum required front yard shall be as designated by the underlying zoning district, except that those streets identified as major streets on Exhibit 21-9.7 shall have a minimum 20-foot front yard;

(e)   Landscaping.

(1)   All required yards shall be landscaped;

(2)   Street trees shall be provided at a minimum 2-inch caliper. Species and spacing shall be chosen from an approved tree list on file with the department and the department of parks and recreation;

(3)   If location of street trees in the sidewalk area is infeasible, the trees shall be located in the required front yard;

(4)   In the event there are no feasible locations for street trees, substitute landscaping may be permitted upon approval by the director;

(5)   Credit shall be given, at a ratio of one to one, for existing trees that are to be preserved;

(6)   Flat rooftop areas visible from the Punchbowl lookout shall incorporate landscaping or architectural features, or both, such as screening, to substantially offset any adverse visual impact on views from the lookout areas;

(7)   All fences and walls exceeding 36 inches in height shall be set back a minimum of 18 inches along all streets identified as major streets on Exhibit 21-9.7, and landscaped with vine or hedge planting or other approved vegetation on the street side. The setback and landscaping requirement may be waived by the director if the wall is moss rock or similar material;

(8)   Any tree 6 inches or greater in trunk diameter, located within the “core area,” or along major streets, as identified on Exhibits 21-9.8 and 21-9.7, respectively, shall not be removed or destroyed except as follows:

(A)   The tree is not visible from any street, park, or other public viewing area;

(B)   Appropriate development of the site cannot be achieved without removal of the tree;

(C)   The tree is a hazard to the public safety or welfare;

(D)   The tree is dead, diseased, or otherwise irretrievably damaged; and

(E)   The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation;

(9)   Any tree removed which is visible from any street, park, or other public viewing area shall be replaced by an approved tree of a minimum 2-inch caliper or by alternative-approved landscaping material, unless the replacement results in overcrowded vegetation;

(10)   Where possible, trees proposed for removal shall be relocated to another area of the project site; and

(11)   Vertical form trees shall be planted and maintained along the front yard perimeter of parking structures to reduce the visual impact of blank walls and parked vehicles. A minimum 2-inch caliper tree, or in the case of palm trees, a minimum trunk height of 15 feet shall be planted for every 20 feet of linear building length. Acceptable tree species include coconut palms, paperbark, and eucalyptus. If there is sufficient space, canopy form trees may be substituted. Alternatively, planter boxes with vines may be provided on the facade of every parking level.

(a)   Chinatown is the oldest section of downtown Honolulu. In addition to its historic role in the growth of the city, and its architectural significance as reflected in its placement on the National Register of Historic Places, it reflects a dynamic ethnic population and business community.

(b)   However, like other central city areas, it has faced numerous physical, social, and economic problems in the past, resulting in the deterioration of commercial and residential structures, a decline in business activity, and an erosion in housing stock. While government programs, including urban renewal and tax incentives for renovation of older buildings, have been introduced to address these problems, there is a concern that architectural and historic elements of the district may still be lost. Further, Chinatown’s location adjacent to the central business district continues to produce pressures to redevelop the area to a higher density.

(c)   Therefore, it is necessary to preserve the historic significance and architectural characteristics of Chinatown, and to ensure the compatibility of new development within this context. The perpetuation of architectural character dominant during the 1880s to the 1940s is particularly important.

(a)   Help promote the long-term economic viability of the Chinatown special district as a unique community of retail, office, and residential uses;

(b)   Retain the low-rise urban form and character of the historic interior core of Chinatown while allowing for moderate redevelopment at the mauka and makai edges of the district;

(c)   Retain and enhance pedestrian-oriented commercial uses and building design, particularly on the ground level;

(d)   Preserve and restore, to the extent possible, buildings and sites of historic, cultural, or architectural significance, and encourage new development that is compatible with and complements these buildings and sites, primarily through building materials and finishes, architectural detailing, and provisions for pedestrian amenities, such as storefront windows and historic signage details;

(e)   Improve traffic circulation with emphasis on pedestrian linkages within and connecting outside Chinatown;

(f)   Retain makai view corridors as a visual means of maintaining the historic link between Chinatown and the harbor;

(g)   Encourage a variety of signage and graphics that reflect and complement the district’s ethnic vitality and diversity, and that are compatible with and complement buildings and sites within the district; and

(h)   Encourage outdoor lighting for the purpose of contributing to a lively, friendly, and safe urban environment.

(a)   Maunakea Street and Nuuanu Avenue are makai view corridors, and provide a visual connection between Honolulu Harbor and the heart of Chinatown, reflecting the historic ties between the two areas.

(b)   In addition, the street level view along River Street, in an Ewa direction, including Aala Park, is an important public viewing area.

(a)   The Chinatown and Merchant Street historical districts, as included on the National Register of Historic Places, are identified on Exhibit 21-9.10.

(b)   Structures within the Chinatown special district that are of historic and architectural significance are identified on Exhibit 21-9.10-A.

(a)   Implementation of the district objectives shall consist primarily of open space, landscaping and yard regulations, use regulations, architectural review, and sign controls. Specific regulations are enumerated below.

(b)   Unless specified herein, all development shall comply with the underlying district permitted uses and development standards, including density.

(a)   Provide multi-family dwellings for a range of household incomes, while supporting and contributing to Chinatown’s retail-commercial function, particularly at street level;

(b)   Create a transition between the high-rise Kukui Urban Renewal district and the low-rise historic core of Chinatown;

(c)   Promote pedestrian movement and linkages within the district by providing pedestrian malls and adequate sidewalks; and

(d)   Provide commercial, cultural, recreational, and public facilities for residents by encouraging them on the ground floor street exposure of buildings.

(a)   Maximum heights.

(1)   Within the mauka precincts, height limits are identified on Exhibit 21-9.9.

(2)   To minimize the visual intrusion of towers on Chinatown streetscapes, the following height setback shall apply to any portion of a building over 40 feet in height: each foot of additional height shall be set back 1 foot from every front property line for the first 40 feet measured horizontally across the lot (refer to sketch on Exhibit 21-9.9).

(b)   Open space and landscaping.

(1)   Where there are low-level rooftops, roof gardens should be provided, particularly for residents. Otherwise, open space is encouraged in the form of landscaped interior courts.

(2)   With the exception of Beretania and River Streets, street trees shall not be required. Any trees planted within a front yard or sidewalk area shall take into consideration the objectives of the district, including the provisions of sidewalk canopies, a strong continuous street frontage, and traffic safety.

(3)   Along Beretania and River Streets, street trees shall be provided at a minimum 2-inch caliper. Species and spacing shall be chosen from an approved tree list on file with the department and the department of parks and recreation. If location of street trees in the sidewalk area is infeasible, the trees may be located within the front yard, if present. In the event there are no feasible locations for street trees, the director may approve substitute landscaping or waive this requirement.

(A)   Along Beretania Street, street trees shall strengthen the streetscape image of this major travel corridor, and help maintain a human-scaled orientation at the ground level.

(B)   Along River Street, street trees shall help to emphasize this “edge” of Chinatown, and shall serve as a transition to Aala Park.

(4)   The block bounded by Smith, Beretania, Pauahi, and Maunakea Streets shall have an informal, landscaped character with large canopy form trees.

(c)   Required yards. There shall be a minimum front yard of 15 feet along Beretania Street. There shall be no required front yards along other streets.

(d)   Permitted uses. In addition to required entryways, ground level spaces should be used for uses that contribute to a vital streetscape. Appropriate uses include but are not limited to commercial retail and light manufacturing.

(e)   Design guidelines.

(1)   Except for those facades fronting Beretania Street, street facades shall meet the requirements of § 21-9.60-12, street facade guidelines.

(2)   Buildings above 40 feet shall avoid a long axis aligned in an Ewa-Diamond Head direction. Their design shall relate to the lower level street facades, including architectural scale, embellishments, color, and detailing.

(a)   Encourage the retention and renovation of buildings of historic, architectural, or cultural value;

(b)   Ensure the design compatibility of new structures with historic structures through low building heights, continuous street frontages, and characteristic street facade elements;

(c)   Encourage the continuation and concentration of the long-established ethnic retail and light manufacturing activities by providing space for these uses, particularly on the ground level; and

(d)   Encourage a variety of dwelling unit types, including single-unit, two-unit, duplex-unit, and multi-unit dwellings that would contribute to the precinct’s social and economic vitality.

(1)   Open space is encouraged in the form of small-scaled interior landscaped courtyards and interior pedestrian walkways.

(2)   Street trees are not required. The planting of trees within a front yard or sidewalk must shall take into consideration the objectives of the precinct, especially the desire for continuous building frontages and sidewalk canopies, as well as traffic and pedestrian safety.

(3)   Along Hotel Street, street trees may complement its strong retail character and public transit corridor function. They must be a minimum of 2-inch caliper. Species and spacing must be chosen from an approved tree list on file with the department and the department of parks and recreation.

(1)   There are no required yards.

(2)   All buildings on the same block face must form a continuous street facade, except for necessary driveways, pedestrian entryways, and small open space pockets.

(1)   Provide for expansion of housing and office development from the central business district, compatible with the overall revitalization of Chinatown, including an active retail-oriented ground level and distinctive facade treatments;

(2)   Create a transition between the high-rise central business district and the historic core of Chinatown;

(3)   Provide a visible connection between Nimitz Highway and the interior of Chinatown; and

(4)   Develop a continuous street landscaping theme along Nimitz Highway to emphasize its role as a major accessway into the central business district and Waikiki.

(a)   Maximum heights.

(1)   Within the makai precinct, height limits are identified on Exhibit 21-9.9.

(2)   To minimize the visual intrusion of towers on Chinatown streetscapes, the following height setback shall apply to any portion of a building over 40 feet in height: each foot of additional height shall be set back 1 foot from every front property line for the first 40 feet measured horizontally across the lot (refer to sketch on Exhibit 21-9.9).

(b)   Open space and landscaping.

(1)   Where there are low-level rooftops, roof gardens should be provided. Otherwise, open space shall be provided in the form of landscaped front yards along Nimitz Highway. Landscaped interior courts are also encouraged.

(2)   With the exception of Nimitz Highway, street trees shall not be required.

(3)   Along Nimitz Highway, three coconut palm trees (Cocos nucifera) shall be provided for every 50 feet of street frontage. Palm trees with a minimum trunk height of 15 feet shall be clustered together rather than evenly spaced. In addition, all parking structures fronting Nimitz Highway shall have planter boxes along the length of the facade on all floors. Bougainvillea shall be planted and maintained in these planter boxes. The director may approve substitute plants due to physical constraints.

(c)   Required yards. There shall be a minimum front yard of 10 feet along Nimitz Highway. There shall be no required front yards along other streets.

(d)   Permitted uses.

(1)   In addition to required entryways, ground level spaces should be used for uses that contribute to a vital streetscape. Appropriate uses include but are not limited to commercial retail, community centers, and light manufacturing. Lower levels other than the ground level should be used for residential, office, or commercial uses.

(2)   Parking may be located on any level within a block’s interior and fronting Nimitz Highway.

(1)   Except for those facades fronting Iwilei Road and Nimitz Highway, all facades shall meet the requirements of § 21-9.60-12, street facade guidelines.

(2)   Parking structures should have vehicular entrances and exits on Nimitz Highway, when practical.

(3)   Buildings above 40 feet shall avoid a long axis aligned in an Ewa-Diamond Head direction. Their design shall relate to the design of the lower level street facades, including architectural scale, embellishments, color, and detailing.

(a)   Building materials, colors, and textures.

(1)   Building finishes should be of materials such as wood, brick, stone, masonry, and plaster. Brick and stone are particularly appropriate.

(2)   Where existing buildings are to be rehabilitated, any underlying natural finishes should be retained. To expose brick facades, sand blasting, and other cleaning methods that will damage the historic building materials should not be undertaken.

(3)   The colors of natural materials should predominate. Accent colors may be used on trim and details around window and door openings.

(b)   Architectural design.

(1)   Building facades or fenestration should be “contextual” to existing structures, and incorporate representative architectural features, such as arches, lintel columns, cornices, and variated parapets. Uninterrupted blank walls shall be avoided.

(2)   Storefronts shall be as open as possible to reveal merchandise within and create an inviting environment. Closed fronts shall use as much glass as possible. A typical storefront should have double doors centered between splayed display windows, or flat display windows and clerestory windows above.

(3)   Above the ground floor, there shall be a regulated “rhythm” to the facades, particularly expressed through window treatments and other detailing.

(4)   Facades oriented along streets should have canopies at approximately the first floor ceiling level, extending over the sidewalk to 30 inches from the street curb. Where necessary for public safety, lighting under canopies shall be provided.

(c)   Streetscape. Street furnishings include planters, benches, street signs, lampposts, sidewalk paving, and covered shelters. They shall be designed to complement the designs of older facades. Styles and detailing inappropriate to Chinatown’s period of significance, which is from the 1880s to the 1940s, shall not be permitted.

(d)   Signs and graphics.

(1)   Lettering should be reminiscent of styles used from the turn of the century to the 1940s.

(2)   Symbols, shapes, and objects used as signs (such as barber poles) are encouraged.

(3)   Use of calligraphy or Asian characters and symbols on signs and storefront decorations for ethnic-related functions is also encouraged.

(4)   The following sign provisions shall apply to the Chinatown special district and shall supersede the specific district sign standards enumerated in § 21-7.40.

(A)   Not more than four business signs per ground floor establishment with building frontage may be permitted; provided that the maximum sign area for each ground floor establishment does not exceed 2 square feet for each lineal foot of building frontage of the establishment. Signs may be of the following types: hanging; marquee fascia; or wall signs. Ground floor establishments in multistory buildings also may use one projecting sign as one of the signs and as part of the total sign area permitted for each establishment, subject to the following additional limitations:

(i)   The sign shall be located on the second floor, above the establishment; and

(ii)   The sign shall not exceed 18 square feet in area.

(B)   One of the following signs per building frontage of the building may be erected:

(i)   One wall sign for building identification purposes (not to exceed 24 square feet in area) or for directory purposes (not to exceed 12 square feet in area);

(ii)   One ground sign, not to exceed 12 square feet in area, for building identification or directory purposes; or

(iii)   One garden sign, not to exceed 6 square feet in area, for building identification or directory purposes.

(C)   For each second floor establishment with building frontage, one wall identification sign may be permitted. The maximum sign area for such an establishment shall be 6 square feet.

(D)   Projecting signs shall not extend above the roof level or top of the parapet, whichever is higher; provided that on buildings with more than two stories, the projecting signs shall not extend above the second story.

(5)   Direct and indirect illumination will be encouraged and allowed for all sign types; provided that:

(A)   Garden signs shall not be directly illuminated;

(B)    For each ground floor establishment, not more than two permitted signs shall be illuminated; and

(C)   Directly illuminated signs shall be neon or bulbs that are affixed to the exterior of signs, and shall be appropriate to the period and ambiance of Chinatown. Box fluorescents are prohibited.

(6)   No sign shall extend over window openings and trims, or architectural features and embellishments (e.g., cornices, lintels, arches, rosettes, etc.).

(7)   Exceptions to these sign requirements may be permitted by the director when it can be demonstrated that such exemptions are appropriate to the Chinatown special district.

(8)   See Article 7, except § 21-7.40, for additional sign requirements.

(e)   Outdoor lighting. Outdoor lighting that highlights and accents the building facade is encouraged. Light fixtures shall be shielded from street view and be integrated with the architectural design of the building. Lighting shall be subdued or shielded so as to prevent glare and light trespass onto surrounding properties and public rights-of-way.

(a)   Refer to Table 21-9.4 to determine whether specific projects will be classified as major, minor, or exempt.

(b)   Projects involving the demolition of, or the major or minor exterior repair, alteration, or addition to structures listed on Exhibit 21-9.10-A may be referred to the State historic preservation officer and other appropriate agencies for review.

(a)   King Kamehameha III at Thomas Square and the Honolulu Museum of Art are designated for preservation on the State and National Register of Historic Places. King Kamehameha III at Thomas Square is an urban park with a formal symmetrical design. It has historic significance as the site where the sovereignty of the Hawaiian kingdom was restored to King Kamehameha III by Great Britain. It is a focal point for the Honolulu Museum of Art, the Neal S. Blaisdell Center, and Linekona School and has been increasingly used for recreation and special activities. The Honolulu Museum of Art has architectural significance as an example of nationally renowned architect Bertram Goodhue’s work, and cultural significance as a major art gallery and museum.

(b)   Without special controls, high-rise buildings in the immediate vicinity will have a negative impact on the serenity of these two landmarks. In view of this threat and established public policies to protect important resources, it is necessary to preserve and protect King Kamehameha III at Thomas Square and the Honolulu Museum of Art.

(a)   Preserve and enhance King Kamehameha III at Thomas Square’s formal park design by modifying construction projects, which would diminish its serene and scenic quality;

(b)   Protect the serene scenic quality of the interior courts of the Honolulu Museum of Art by prohibiting the visual intrusion of neighboring high-rise buildings;

(c)   Create a landscaping theme that takes into consideration the park qualities of King Kamehameha III at Thomas Square and the Honolulu Museum of Art, and the transition from these two low-rise sites to taller developments nearby and their location as a gateway to the Hawaii capital district; and

(d)   Notwithstanding the underlying zoning, the Honolulu Museum of Art shall be treated as a principal permitted use within the King Kamehameha III at Thomas Square/Honolulu Museum of Art special district.

(a)   Views of King Kamehameha III at Thomas Square from Ward Avenue, Victoria Street, Beretania Street, Hotel Street, Young Street, King Street, the Neal S. Blaisdell Center, and the Honolulu Museum of Art;

(b)   Views of the Honolulu Museum of Art and the Neal S. Blaisdell Center from King Kamehameha III at Thomas Square; and

(c)   Views from the museum courtyards skywards.

(a)   Open space. The percentage of open space shall be as required by the underlying zoning district, except for the following precincts:

(1)   One hundred percent for precinct one, King Kamehameha III at Thomas Square. The intent is to maintain the existing character and landscape elements in the square and to prohibit all permanent structures, except for public restrooms and the enhancement and function of the landscaped square as a passive park;

(2)   Fifty percent for precinct two, Honolulu Museum of Art. The intent is to maintain a maximum amount of open space along Beretania Street to complement and extend the landscaped qualities of King Kamehameha III at Thomas Square; and

(3)   Sixty percent for Neal S. Blaisdell Center within precinct three. The intent is to maintain a park-like setting for the structures of the center by maximizing landscaping on the site and extending the visual open space qualities of King Kamehameha III at Thomas Square along Ward Avenue to and including Kapiolani Boulevard;

(b)   Building heights and setbacks.

(1)   Permitted maximum heights of buildings and structures, and height setbacks shall be as indicated in Exhibits 21-9.11 and 21-9.12.

(2)   The director may exempt the following architectural features from the height regulations; provided that they are erected only to such height as is necessary to accomplish the purpose for which they serve, but in no case exceeding 12 feet above the maximum height limit. These building elements may be exempted only if the director finds they do not obstruct any significant views which are to be preserved, protected, and enhanced, and are consistent with the intent and objectives of the King Kamehameha III at Thomas Square/Honolulu Museum of Art special district:

(A)   Necessary mechanical appurtenances of the building on which they are erected; provided that they are screened from view;

(B)   Necessary utilitarian features, including stairwell enclosures, ventilators, and skylights; and

(C)   Decorative or recreational features, including rooftop gardens, planter boxes, flagpoles, parapet walls, or ornamental cornices; and

(3)   Except for flagpoles and smokestacks, all items listed in § 21-4.60(c) shall also be exempt from the height provisions of this subsection;

(c)   Landscaping.

(1)   All required yards shall be landscaped and maintained with a minimum of 75 percent of the area devoted exclusively to plant material rooted directly in the ground or permanently fixed plant containers;

(2)   Street trees shall be provided in conformance with subdivision (4) and shall be a minimum 2-inch caliper, except palms which shall have a minimum trunk height of 15 feet. Exceptions to this subsection to accommodate special conditions shall be reviewed and may be approved by the director;

(3)   Vertical form trees shall be planted and maintained along the front yard perimeter of parking structures to reduce the visual impact of blank walls and parked vehicles. One tree shall be planted for every 20 feet of linear building length. Acceptable tree species include coconut palms, paperbark, and eucalyptus. If there is sufficient space, canopy form trees may be substituted. Alternatively, planter boxes with vines may be provided on the facade of every parking level;

(4)   The character and standards for major landscaping in the sidewalk area and required yards are delineated below. All tree planting shall be in conformance with the requirements and standards shown on Exhibit 21-9.4, except that alternative species, especially native Hawaiian or species long present and common to the Hawaiian islands, including flowering varieties, shall be encouraged and may be substituted in all instances upon approval by the director;

(A)   King Kamehameha III at Thomas Square and the Honolulu Museum of Art.

(i)   Unless otherwise provided, all landscaping and tree planting located in, or adjacent to required yards shall be subject to review and approval; and

(ii)   All new landscaping and tree planting shall preserve, enhance, and complement the existing trees and landscaping;

(B)   Kinau Street and Victoria Street (from Kinau Street to H-1 Freeway).

(i)   Character. Continuous planting of medium- sized canopy street trees between the sidewalk and buildings to provide a transition of scale to taller structures;

(ii)   Street tree species. Alibangbang (Bahina binata);

(iii)   Maximum spacing. 25 feet on center; and

(iv)   Location. In the sidewalk area;

(C)   Beretania Street (except from Ward Avenue to Victoria Street).

(i)   Character. A major approach street to the Hawaii capital district with a continuous canopy of large trees. Hedges, walls, fences, and high plant material or shrubs near the sidewalk would not be appropriate;

(ii)   Street tree species. Monkeypod (Samanea saman) or True Kou (Cordia Subcordata);

(iii)   Maximum spacing. 60 feet on center;

(iv)   Location. Within the required front yard; and

(v)   Other landscaping and landscape elements. Shall not exceed 2 feet in height within the first 10 feet of the front yard, including fences and walls;

(D)   Hotel Street and Young Street.

(i)   Character. A formal continuation of the entry walks focusing on the fountain and banyan trees of King Kamehameha III at Thomas Square with preservation of views to and from King Kamehameha III at Thomas Square;

(ii)   Street tree species. Alibangbang (Bahina binata);

(iii)   Maximum spacing. 25 feet on center; and

(iv)   Location. In the sidewalk area;

(E)   South King Street (except from Ward Avenue to Victoria Street).

(i)   Character. A major street of flowering trees. Other trees and landscaping should give evidence of variety to contrast and complement the continuity of the street trees;

(ii)   Street tree species. Rainbow Shower (Cassia hybrida) or Monkeypod (Samanea saman);

(iii)   Maximum spacing. 30 to 50 feet on center for Rainbow Shower and 50 feet on center for Monkeypod; and

(iv)   Location. First 5 feet of required front yard;

(F)   Ward Avenue (from South King Street to H-1 Freeway except for the Diamond Head side at King Kamehameha III at Thomas Square and the Honolulu Museum of Art) and Victoria Street (from South King Street to Kinau Street except for the Ewa side at King Kamehameha III at Thomas Square and the Honolulu Museum of Art).

(i)   Character. Large canopy trees to complement the Honolulu Museum of Art and King Kamehameha III at Thomas Square and provide continuity of streetscape from Kapiolani Boulevard to the H-1 Freeway;

(ii)   Street tree species. Royal Poinciana (Delonix regia): in combination with Monkeypod (Samanea saman) opposite King Kamehameha III at Thomas Square only;

(iii)   Maximum spacing. 60 feet on center;

(iv)   Location. Within the first 5 feet of the front yard; and

(v)   Other landscaping and landscape elements. Fronting King Kamehameha III at Thomas Square and the Honolulu Museum of Art shall not exceed 2 feet in height within the first 10 feet of the front yard;

(G)   Ward Avenue (from Kapiolani Boulevard to South King Street) and South King Street (makai side from Ward Avenue to Victoria Street).

(i)   Character. Extension of the open “palm grove” at the Neal S. Blaisdell Center with interspersed lower canopy planting to vary scale and provide color along the street, and to provide continuity of streetscape from Kapiolani Boulevard to the H-1 Freeway;

(ii)   Street tree species. Royal Poinciana (Delonix regia), and coconut palm (Cocos nucifera);

(iii)   Quantity. Three palm trees and one Royal Poinciana tree shall be provided per 100 feet of street frontage;

(iv)   Location. Palm trees within the front yard and informally grouped; Royal Poinciana trees within 5 feet of the front yard and interspersed with the palms. Royal Poinciana trees shall be used only on the Ewa side of Ward Avenue and along the front of the Neal S. Blaisdell Center Exhibition Hall; and

(v)   Other landscaping and landscape elements. Shall not exceed 2 feet in height except at the last 5 feet of the front yard; and

(H)   Except as provided, all fences or walls exceeding 36 inches in height shall be set back a minimum of 18 inches along all street frontages and landscaped with vine, hedge, or other approved planting on the street sides;

(5)   Any tree 6 inches or greater in trunk diameter shall not be removed or destroyed except as follows:

(A)   The tree is not visible from any street, park, or other public viewing area;

(B)   Appropriate development of the site cannot be achieved without removal of the tree;

(C)   The tree is a hazard to the public safety or welfare;

(D)   The tree is dead, diseased, or otherwise irretrievably damaged; and

(E)   The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation;

(6)   Any tree removed which is visible from any street, park, or other public viewing area shall be replaced by an approved tree of minimum 2-inch caliper or by alternative-approved landscaping material, unless the replacement results in overcrowded vegetation; and

(7)   Where possible, trees proposed for removal shall be relocated to another area of the project site;

(d)   Signs. Signs that directly front King Kamehameha III at Thomas Square or the Honolulu Museum of Art, or both, shall not be directly illuminated, have moving parts, luminous paints, or reflective materials. Any illumination shall be from a detached source shielded from direct view. Box fluorescent signs shall not be allowed; and

(e)   Exterior lighting. Lighting fronting King Kamehameha III at Thomas Square or the Honolulu Museum of Art, or both, shall recognize the serene quality of these resources, and shall be subdued so as not to produce glare to surrounding property and public viewing areas. Fluorescent or high intensity lamps shall not be permitted.

(a)   To the world, Waikiki is a recognized symbol of Hawaii; and the allure of Waikiki continues, serving as the anchor for the State’s tourist industry. In addition to its function as a major world tourist destination, Waikiki serves as a vital employment center and as a home for thousands of full-time residents.

(b)   The creation of the Waikiki special district was largely a response to the rapid development of the 1960s and 1970s, and the changes produced by that development. Now, Waikiki can be described as a mature resort plant and residential locale. Waikiki needs to maintain its place as one of the world’s premier resorts in an international market; yet, the sense of place that makes Waikiki unique needs to be retained and enhanced.

(c)   Because of the city’s commitment to the economic, social, and physical well-being of Waikiki, it is necessary to guide carefully Waikiki’s future and protect its unique Hawaiian identity.

(a)   Promote a Hawaiian sense of place at every opportunity;

(b)   Guide development and redevelopment in Waikiki with due consideration to optimum community benefits. These shall include the preservation, restoration, maintenance, enhancement, and creation of natural, recreational, educational, historic, cultural, community, and scenic resources;

(c)   Support the retention of a residential sector to provide stability to the neighborhoods of Waikiki;

(d)   Provide for a variety of compatible land uses which promote the unique character of Waikiki, emphasizing mixed uses;

(e)   Support efficient use of multimodal transportation in Waikiki, reflecting the needs of Waikiki workers, businesses, residents, and tourists. Encourage the use of public transit rather than the private automobile, and assist in the efficient flow of traffic;

(f)   Provide for the ability to renovate and redevelop existing structures which otherwise might experience deterioration. Waikiki is a mature, concentrated urban area with a large number of nonconforming uses and structures. The zoning requirements of this special district may not, therefore, function as barriers to desirable restoration and redevelopment lest the physical decline of structures in Waikiki jeopardize the desire to have a healthy, vibrant, attractive, and well-designed visitor destination;

(g)   Enable the city to address concerns that development maintain Waikiki’s capacity to support adequately, accommodate comfortably, and enhance the variety of worker, resident, and visitor needs;

(h)   Provide opportunities for creative development capable of substantially contributing to rejuvenation and revitalization in the special district, and able to facilitate the desired character of Waikiki for areas susceptible to change;

(i)   Encourage architectural features in building design which complement Hawaii’s tropical climate and ambience, while respecting Waikiki’s urbanized setting. The provision of building elements such as open lobbies, lanais, and sunshade devices is encouraged;

(j)   Maintain, and improve where possible: mauka views from public viewing areas in Waikiki, especially from public streets; and a visual relationship with the ocean, as experienced from Kalakaua Avenue, Kalia Road, and Ala Moana Boulevard. In addition, improve pedestrian access, both perpendicular and lateral, to the beach and the Ala Wai Canal;

(k)   Maintain a substantial view of Diamond Head from the Punchbowl lookouts by controlling building heights in Waikiki that would impinge on this view corridor;

(l)   Emphasize a pedestrian-orientation in Waikiki. Acknowledge, enhance, and promote the pedestrian experience to benefit both commercial establishments and the community as a whole. Walkway systems shall be complemented by adjacent landscaping, open spaces, entryways, inviting uses at the ground level, street furniture, and human-scaled architectural details. Where appropriate, open spaces should be actively used to promote the pedestrian experience;

(m)   Provide people-oriented, interactive, landscaped open spaces to offset the high-density urban ambience. Open spaces are intended to serve a variety of objectives including visual relief, pedestrian orientation, social interaction, and fundamentally to promote a sense of “Hawaiianness” within the district. Open spaces, pedestrian pathways, and other ground level features should be generously supplemented with landscaping and water features to enhance their value, contribute to a lush, tropical setting and promote a Hawaiian sense of place; and

(n)   Support a complementary relationship between Waikiki and the convention center.

(a)   The district is identified on Exhibit 21-9.13.

(b)   Within the district, there are four types of zoning precincts and one type of zoning subprecinct, the boundaries of which are indicated on Exhibit 21-9.13.

(a)   The following streets and locations identify significant public views of Waikiki landmarks, the ocean, and the mountains from public vantage points:

(1)   Intermittent ocean views from Kalia Road across Fort DeRussy Park and from the Ala Wai Bridge on Ala Moana Boulevard;

(2)   Continuous ocean views along Kalakaua Avenue, from Kuhio Beach to Kapahulu Avenue;

(3)   Ocean views from Ala Wai Yacht Harbor;

(4)   Ocean views from Kuhio Beach Park;

(5)   Views of Ala Wai Yacht Harbor from Ala Moana Park (Magic Island Park);

(6)   Mauka views from the portions of the following streets mauka of Kuhio Avenue:

(A)   Nohonani Street;

(B)   Nahua Street;

(C)   Kanekapolei Street;

(D)   Kaiolu Street;

(E)   Lewers Street;

(F)   Walina Street; and

(G)   Seaside Avenue; and

(7)   View of Diamond Head from Ala Wai Boulevard between McCully Street and Kapahulu Avenue.

(b)   Development should preserve, maintain, and enhance these views whenever possible. Additional yard area and spacing between buildings may be required by the director, in connection with the issuance of special district permits, and the council or the director, in connection with planned development-resort and planned development-apartment approvals pursuant to § 21-2.110-2, to protect these significant views.

(c)   Development should preserve, maintain, and enhance historic properties whenever possible. Special district permit applications involving buildings over 50 years old shall be submitted to the State department of land and natural resources for review and comments.

(a)   Uses and structures allowed in required yards and setbacks. Section 1-4.30 shall apply except as provided by this subsection. No business activity of any kind, including advertising, promotion, solicitation, merchandising, or distribution of commercial handbills, or structures or any other use or activity, except as provided by this subsection, shall be located or carried out within any required yard, street or building setback area, except those areas occupied by enclosed nonconforming buildings. The following may be allowed in required yards and setbacks, and when used as provided by this subsection shall not be considered to change a yard’s status as open space:

(1)   Newspaper sales and distribution;

(2)   Garden signs;

(3)   Porte cocheres no less than 5 feet back from the property line or road widening setback;

(4)   Roof eaves, awnings (including retractable awnings), and other sunshade devices not more than 42 inches vertically or horizontally beyond the building face, except as otherwise provided by this subsection. On buildings over 60 feet in height, roof eaves may extend more than 42 inches into a required yard, street setback, or height setback area if the resulting roof form is integral to a cohesive, coherent design character for the structure. In no case, however, shall such extension exceed one-half the width of the required yard or height setback;

(5)   Outdoor dining areas accessory to permitted eating establishments in required front yards, subject to the following:

(A)   A planter or hedge of not more than 30 inches in height may be provided to define the perimeter of the outdoor dining area. A decorative railing may be permitted in lieu of a planter or hedge subject to the approval of the director;

(B)   An outdoor dining area shall be no less than 5 feet from any property line;

(C)   Outdoor dining facilities shall be limited to portable chairs, tables, serving devices, and umbrellas. When umbrellas are used, they shall not be counted against open space calculations;

(D)   Up to 100 percent of the front yard may be used as an accessory outdoor dining area, subject to an acceptable design. The remainder of the front yard shall be landscaped, except for necessary access drives and walkways, and where lei stands are used as permitted under subdivision (6);

(E)   Retractable awnings directly associated with an outdoor dining area may extend from the building face into the front yard;

(F)   Sidewalk improvements, such as but not limited to street trees, paving, and landscaping, may be required;

(G)   Outdoor dining areas shall not be used after 11:00 p.m. and before 7:00 a.m;

(H)   No dancing, entertainment, or live or recorded music shall be permitted in outdoor dining areas; provided that strolling musicians using nonamplified acoustic stringed instruments or traditional Hawaiian wind instruments shall be permitted to perform no later than 10:00 p.m. when the dining areas are in use; and

(I)   The requirements under paragraphs (A) through (F) may be modified, subject to a major or minor special district permit, as required by Table 21-9.6(C), to a reasonable extent as may be necessary and appropriate to adequately accommodate outdoor dining areas associated with structures that are nonconforming due to required yards, landscaping, or open spaces;

(6)   Lei making and selling in required front yards on zoning lots where retail establishments are a permitted principal use; provided that the following standards are met:

(A)   The activity shall be no less than 5 feet from any property line;

(B)   No more than 10 percent of the front yard may be used for lei stands. The remainder of the front yard shall be landscaped, except for necessary access drives or walkways, and where outdoor dining is used as permitted under subdivision (5);

(C)   Signs. Refer to Article 7 for permitted signs; and

(D)   The operator of a lei stand shall provide for the concealed disposal of trash associated with the use;

(7)   Vending carts in required front yards on zoning lots where retail establishments are a permitted principal use; provided that the following standards are met:

(A)   The front yard shall conform to the applicable front yard standard set forth in Table 21-9.6(B);

(B)   Only food, nonalcoholic drinks, and fresh cut or picked flowers may be sold. Food consistent with a Hawaiian sense of place shall be encouraged;

(C)   The cart shall be no less than 5 feet from any property line;

(D)   One cart per front yard per zoning lot or one cart per front yard per 100 feet of lot frontage shall be permitted, whichever is greater. When computation of the total number of permitted carts results in a fractional number with a major fraction (i.e., 0.5 or greater), the number of carts permitted shall be the next highest whole number;

(E)   Permitted signs shall be in accordance with Article 7; and

(F)   The cart operator shall provide for the concealed disposal of trash associated with the use;

(8)   Walls and fences for dwelling uses, other than nonconforming hotels or transient vacation units, in the apartment precinct, up to a maximum height of 6 feet; provided that the wall or fence shall be set back not less than 24 inches from the front property line and shall be acceptably screened with planting material from the street side. The wall or fence shall consist of an open material, preferably wrought iron or lattice work, but not chain link. Solid walls are discouraged, but may be permitted when constructed of an acceptable material, such as wood, moss rock, or stucco-finished masonry, set back at least 5 feet from the front property line and acceptably screened with planting material from the street side; and

(9)   Interactive informational displays; provided that the following standards are met:

(A)   Only one interactive informational display per common entryway to a project site shall be permitted, that shall not encroach into or otherwise obstruct any public sidewalk or pedestrian easement. For the purposes of this subdivision, a “common entryway” means an opening providing public pedestrian access to two or more business establishments from any public sidewalk, pedestrian easement, or right-of-way;

(B)   The interactive informational display shall consist of a freestanding structure, not exceeding 48 inches in height;

(C)   The display area shall not exceed 8 square feet, and shall be essentially horizontal in its orientation so as not to be functionally viewable from adjoining streets or sidewalks; and

(D)   No signs regulated under Article 7 shall be attached to the interactive informational display structure, nor shall there be any speaker boxes, public address systems, or other devices for reproducing or amplifying voices or sound attached to or associated with the structure.

(b)   Curb cuts. Curb cuts for driveway openings and sight distances at all intersections shall comply with the design standards of the department of transportation services unless modified by the council. The number of curb cuts should be kept to a minimum to enhance pedestrian movement along sidewalks.

(A)   Side and rear yards must be a minimum of 5 feet; with a solid fence or wall at least 6 feet in height on the property line, and the required yard substantially landscaped with planting and maintained;

(B)   The car rental establishment must be illuminated so that no unshielded, unreflected, or undiffused light source is visible from any public area or private property immediately adjacent to the establishment;

(C)   All areas not landscaped must be provided with an all-weather surface; and

(D)   No water produced by activities on the zoning lot may fall upon or drain across public streets or sidewalks.

(A)   Within a development, attention should be given to pedestrian-oriented ground level features. A close indoor-outdoor relationship should be promoted. Design priority should include the visual links through a development connecting the sidewalk and other public areas with on-site open spaces, mountains, and the ocean.

(B)   Building facades at the ground level along open spaces and major streets (including Kalakaua Avenue, Kuhio Avenue, Kapahulu Avenue, Ala Wai Boulevard, and Ala Moana Boulevard) must be devoted to open lobbies, arcade entrances, display windows, and permitted outdoor dining areas.

(C)   Where commercial uses are located at ground level, other than as required by paragraph (B), at least one-half of the total length of the building facade along streets must be devoted to open lobbies, arcade entrances, display windows, and permitted outdoor dining areas.

(D)   The street facades of ground level hotel lobbies should include wide, open entryways. Ventilation in these lobbies should primarily depend on natural air circulation.

(E)   Where buildings are situated between a street and the shoreline, or between a street and open spaces, ground level lobbies, arcades, and pedestrian ways should be provided to create visual links between the street and the shoreline or open space.

(F)   Where blank walls necessarily front a street or open space, they must be screened with heavy landscaping or appropriately articulated exterior surfaces.

(G)   Effective December 1, 2025, ground level parking facilities should not be located along any street, park, beachfront, public sidewalk, or pedestrian way. Where the site plan precludes any other location, the garage may front these areas if landscaping is provided for screening. Principal landscaping must include trees, and secondary landscape elements may include tall hedges and earth berms.

(H)   For the purposes of the Waikiki special district, an “open lobby” means a ground-floor lobby that is not enclosed along the entire length of at least two of its sides or 50 percent of its perimeter, whichever is greater, and that provides adequate breezeways and views to interior or prominent open spaces, intersecting streets, gateways, or significant pedestrian ways.

(d)   Planned development-resort (PD-R) and planned development-apartment (PD-A) projects. The purpose of the PD-R and PD-A options is to provide opportunities for creative redevelopment not possible under a strict adherence to the development standards of the special district. Flexibility may be provided for project density, height, precinct transitional height setbacks, yards, open space, and landscaping when timely, demonstrable contributions benefitting the community and the stability, function, and overall ambiance and appearance of Waikiki are produced.

(1)   PD-R and PD-A applicability.

(A)   PD-R projects are only permitted in the resort mixed-use precinct, and PD-A projects are only permitted in the apartment precinct; and

(B)   The minimum project size is 1 acre. Multiple zoning lots may be part of a single PD-R or PD-A project if the owners, lessees, developers, or other designated representatives, including but not limited to a board or association of homeowners, condominium owners, timeshare owners, or cooperative housing owners, in lieu of individual owners, consent. Zoning lots may be added to or removed from existing PD-R or PD-A projects upon the application of the owners, lessees, developers, or other designated representatives of the zoning lots to be added or removed with the written consent of the original applicant for the existing PD-R or PD-A project, or the original applicant’s successor. Applications for the addition or removal of zoning lots will be processed in accordance with other applicable regulations contained in this chapter. Zoning lots to be removed must be able to comply on their own with applicable zoning regulations as a separate project. Multiple zoning lots in a single project must be contiguous; provided that lots that are not contiguous may be part of a single project if all of the following conditions are satisfied:

(i)   The zoning lots are not contiguous solely because they are separated by a street or right-of-way that is not a major street as shown on Exhibit 21-9.15; and

(ii)   Each noncontiguous portion of the project, whether composed of a single zoning lot or multiple contiguous zoning lots, must have a minimum area of 20,000 square feet, but subject to the minimum overall project size of 1 acre.

(2)   PD-R and PD-A use regulations. Permitted uses and structures are as set forth for the underlying precinct in Table 21-9.6(A);

(3)   PD-R and PD-A site development and design standards. The standards set forth by this subdivision are general requirements for PD-R and PD-A projects. When, in the paragraphs in this subdivision, the standards are stated to be subject to modification or reduction, the modification or reduction must be for the purpose of accomplishing a project design consistent with the goals and objectives of the Waikiki special district and this subsection.

(A)   In PD-R projects, the maximum project floor area must not exceed an FAR of 4.0; provided that:

(i)   If the existing FAR is greater than 3.33, then an increase in maximum density by up to 20 percent may be allowed, up to but not exceeding a maximum FAR of 5.0; or

(ii)   If the existing FAR is greater than 5.0, then the existing FAR is the maximum density.

(B)   In PD-A projects, the maximum project floor area must not exceed an FAR of 3.0; provided that:

(i)   If the existing FAR is greater than 3.0, then an increase in maximum density by up to 20 percent may be allowed, up to but not exceeding a maximum FAR of 4.0; or

(ii)   If the existing FAR is greater than 4.0, then the existing FAR is the maximum density.

(C)   The maximum building height is 350 feet, but this standard may be reduced;

(D)   The precinct transitional height setbacks are as set forth in Table 21-9.6(B), but these standards may be modified;

(E)   The minimum for yards is 15 feet, but this standard may be modified;

(F)   The minimum open space is at least 50 percent of the zoning lot area, but this standard may be modified when beneficial public open spaces and related amenities are provided;

(G)   The landscaping requirements are as set forth in subsection (f), but these standards may be modified; and

(H)   Except as otherwise provided in this subdivision, all development and design standards applicable to the precinct in which the project is located apply;

(4)   Approval of PD-R or PD-A projects.

(A)   Application requirements. An application for approval of a PD-R or PD-A project must contain:

(i)   A project name;

(ii)   A location map showing the project in relation to the surrounding area;

(iii)   A site plan showing the locations of buildings and other major structures, proposed open space and landscaping system, and other major activities. The site plan must also note property lines, the shoreline, shoreline setback lines, beach access, and other public and private access, when applicable;

(iv)   A narrative description of the overall development and design concept; the general mix of uses; the basic form and number of structures; the estimated number of proposed hotel and other dwelling or lodging units; general building height and density; how the project achieves and positively contributes to a Hawaiian sense of place; proposed public amenities, development of open space and landscaping; how the project achieves a pedestrian orientation; and potential impacts on, but not limited to traffic circulation, parking and loading, security, sewers, potable water, and public utilities;

(v)   An open space plan and integrated pedestrian circulation system;

(vi)   A narrative explanation of the project’s architectural design relating the various design elements to a Hawaiian sense of place and the requirements of the Waikiki special district; and

(vii)   A parking and loading management plan;

(B)   Procedures. Applications for approval of PD-R or PD-A projects will be processed in accordance with § 21-2.110-2;

(C)   No project will be eligible for PD-R or PD-A status, unless the council has first approved a conceptual plan for the project;

(D)   Guidelines for review and approval of the conceptual plan for a project. Before its approval of a conceptual plan for a PD-R or PD-A project, the council shall find that the project concept, as a unified plan, is in the general interest of the public, and that:

(i)   Requested project boundaries and design flexibility with respect to standards relating to density (floor area), height, precinct transitional height setbacks, yards, open space, and landscaping are consistent with the Waikiki special district objectives and this subsection;

(ii)   Requested flexibility with respect to standards relating to density (floor area), height, precinct transitional height setbacks, yards, open space, and landscaping is commensurate with the public amenities proposed; and

(iii)   When applicable, there is no conflict with any visitor unit limits for Waikiki as set forth in Chapter 24;

(E)   Deadline for obtaining building permit for project.

(i)   A council resolution approving a conceptual plan for a PD-R or PD-A project must establish a deadline within which the building permit for the project must be obtained. For multiphase projects, deadlines must be established for obtaining building permits for each phase of the project. The resolution must provide that the failure to obtain any building permit within the prescribed period will render void the council’s approval of the conceptual plan and all approvals issued thereunder; provided that in multiphase projects, any prior phase that has complied with the deadline applicable to that phase will not be affected. A revocation of a building permit pursuant to § 18-5.4 after the deadline is a failure to comply with the deadline.

(ii)   The resolution must further provide that a deadline may be extended as follows: the director may extend the deadline if the applicant demonstrates good cause, but the deadline may not be extended beyond one year from the initial deadline without the approval of the council, which may grant or deny the approval in its complete discretion. If the applicant requests an extension beyond one year from the initial deadline and the director finds that the applicant has demonstrated good cause for the extension, the director shall prepare and submit to the council a report on the proposed extension that must include the director’s findings and recommendations thereon and a proposed resolution approving the extension. The council may approve the proposed extension or an extension for a shorter or longer period, or deny the proposed extension, by resolution. If the council fails to take final action on the proposed extension within the first to occur of:

(aa)   Sixty days after the receipt of the director’s report; or

(bb)   The applicant’s then-existing deadline for obtaining a building permit, the extension will be deemed denied. The director shall notify the council in writing of any extensions granted by the director that do not require council approval; and

(F)   Approval by director. Upon council approval of the conceptual plan for the PD-R or PD-A project, the application for the project, as approved in concept by the council, will continue to be processed by the director as provided under § 21-2.110-2. Additional documentation may be required by the director as necessary. The following criteria will be used by the director to review applications:

(i)   The project must conform to the approved conceptual plan and any conditions established by the council in its resolution of approval;

(ii)   The project also must implement the objectives, guidelines, and standards of the Waikiki special district and this subsection;

(iii)   The project must exhibit a Hawaiian sense of place. The document “Restoring Hawaiianness to Waikiki” (July 1994) and the supplemental design guidebook to be prepared by the director should be consulted by applicants as a guide for the types of features that may fulfill this requirement;

(iv)   The project must demonstrate a high level of compliance with the design guidelines of the Waikiki special district and this subsection;

(v)   The project must contribute significantly to the overall desired urban design of Waikiki;

(vi)   The project must reflect appropriate “contextual architecture”;

(vii)   The project must demonstrate a pedestrian system, open spaces, and landscaping and water features (such as water gardens and ponds) that must be integrated and prominently conspicuous throughout the project site at ground level;

(viii)   The open space plan must provide useable open spaces, green spaces, water features, public places, and other related amenities that reflect a strong appreciation for the tropical environmental setting reflective of Hawaii;

(ix)   The system of proposed pedestrian elements must contribute to a strong pedestrian orientation that must be integrated into the overall design of the project, and must enhance the pedestrian experience between the project and surrounding Waikiki areas; and

(x)   The parking management plan must minimize impacts upon public streets where possible, must enhance local traffic circulation patterns, and must make appropriate accommodations for all anticipated parking and loading demands. The approved parking management plan will constitute the off-street parking and loading requirements for the project.

(e)   Nonconformity. The provisions of §§ 21-4.110 et seq. shall apply, except as provided in this subsection.

(1)   A nonconforming use or structure may be replaced by a new structure with up to the maximum permitted floor area of the precinct for similar uses or existing floor area, whichever is greater; provided that all other special district standards are met. To achieve this, the following special district standards may be modified, subject to a major special district permit approval:

(A)   Open space. Minimum required open space may be adjusted, as follows:

(i)   For each square foot of public open space provided on the lot, the open space may be reduced by 1 square foot. If provided, front yards may be included as public open space;

(ii)   For every 2 square feet of arcade space provided on the lot, the open space may be reduced by 1 square foot;

(iii)   For every 4 square feet of open lobby space on the lot, the open space may be reduced by 1 square foot; and

(iv)   If the cumulative area of the required yards exceeds the minimum open space requirement for the lot, the resultant cumulative yards may be considered the minimum open space requirement for the lot.

(B)   Off-street parking. Parking and loading requirements may be adjusted, subject to the submission of a parking management plan that is reviewed and approved by the director;

(C)   Height. If the height of an existing structure exceeds the maximum height for the lot, then the height of the existing structure may be retained; provided that the new structure or structures:

(i)   Do not obstruct or diminish any significant views which are to be preserved, protected, and enhanced;

(ii)   Do not obstruct, prevent, or interfere with an identified gateway or pedestrian way, or both; and

(iii)   Are consistent with the intent and objectives of the Waikiki special district;

(2)   In case of the accidental destruction of a nonconforming structure devoted to a conforming use which contains multi-unit dwelling units, it may be restored to its original condition in accordance with § 21-4.110;

(3)   Nonconforming uses must not be limited to “ordinary repairs” or subject to value limits on repairs or renovation work performed. Exterior repairs and renovations that will not modify the arrangement of buildings on a zoning lot may be permitted; provided that all special district standards are met;

(4)   Elements of nonconforming structures including but not limited to signs, menu displays, awnings, and building facades may be renovated, reconfigured, or replaced; provided that the work:

(A)   Results in a reduction of the nonconformity;

(B)   Is an improvement over the existing condition of the structure;

(C)   Implements the design intents and requirements of the special district; and

(D)   Does not increase floor area;

(5)   The floor area of a structure which already meets or exceeds maximum permitted density may be increased to replace or retrofit electrical or mechanical equipment, utilitarian spaces, or improvements specifically required to comply with federal mandates such as the Americans with Disabilities Act (ADA) or National Environmental Policy Act (NEPA); provided that:

(A)   The increase in floor area is relatively insignificant in relation to the existing structure;

(B)   Adequate screening of building equipment or machinery is provided when necessary to protect the design intents of the special district;

(C)   The increase does not result in a net loss in required open space, arcades, or landscaping; and

(D)   Other than for dwelling units, existing on-site parking spaces may be removed; provided that:

(i)   There are no feasible alternatives to the location of the equipment or utility room; and

(ii)   The number of off-street parking spaces removed is less than:

(aa)   Five percent of the total number of existing spaces, if the total number of existing spaces is 100 or less; or

(bb)   Three percent of the total number of existing spaces, if the total number of existing spaces is more than 100;

(6)   Notwithstanding any ordinance to the contrary, nonconforming hotel units may be time sharing units, subject to applicable State law; and

(7)   Unless voluntarily abandoned, nonconforming uses that have been temporarily discontinued for purposes of redevelopment or renovation, as permitted by this subsection, must not otherwise be subject to the discontinuation of use provisions in § 21-4.110(c)(2).

(f)   Landscaping.

(1)   Any tree 6 inches or greater in trunk diameter shall not be removed or destroyed except as follows:

(A)   The tree is not visible from any street, park, or other public viewing area;

(B)   Appropriate development of the site cannot be achieved without removal of the tree;

(C)   The tree is a hazard to the public safety or welfare;

(D)   The tree is dead, diseased, or otherwise irretrievably damaged; and

(E)   The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation.

(2)   Any tree removed which is visible from any street, park, or other public viewing area shall be replaced by an approved tree of a minimum 2-inch caliper, except palms, which shall have a minimum trunk height of 15 feet, or by alternative approved landscaping material, unless the replacement results in overcrowded vegetation. Larger replacement trees may be required depending on the size of the trees removed.

(3)   Where possible, trees proposed for removal shall be relocated to another area of the project site.

(4)   Parking structures shall be landscaped. Rooftop parking areas shall also be landscaped wherever they are visible to the public.

(5)   Landscaped screening shall be required to prevent undesirable vistas and sight lines, and to reduce the visual impact of blank walls and parked vehicles. Spacing and other design elements shall be determined by species, plant size, and mix of plant material.

(6)   Whenever landscaping is required, the use of fragrant, lush, tropical vegetation and native plant species is encouraged.

(7)   All fences and walls exceeding 36 inches in height, except for moss rock walls, shall be landscaped with vine or hedge planting, or other approved vegetation on the street side.

(8)   All landscaped areas shall include an adequate irrigation system.

(g)   Height regulations.

(1)   Rooftop height exemption. The director may exempt necessary mechanical appurtenances, and utilitarian and architectural features from the height regulations of the special district; provided that they are erected only to such height as is necessary to accomplish the purpose they serve, but in no case exceeding 18 feet above the maximum height limit for roof forms and 12 feet above the maximum height limit for all other appurtenances and features. These building elements may be exempted only if the director finds they do not obstruct any significant views which are to be preserved, protected, and enhanced, and are consistent with the intent and objectives of the Waikiki special district. The design of roof treatment shall be attractive, contextual, and an integral part of the building’s design scheme. Except for flagpoles and smokestacks, all items listed in § 21-4.60(c) shall also be exempt from the height provision of this subsection.

(2)   Coastal height setbacks. In addition to the above limits, there is a need to step back tall buildings from the shoreline to maximize public safety and the sense of open space and public enjoyment associated with coastal resources. Accordingly, the following minimum setbacks shall apply to all zoning lots along the shoreline:

(A)   There shall be a building height setback of 100 feet in which no structure shall be permitted. This setback shall be measured from the certified shoreline; and

(B)   Beyond the 100-foot line there shall be a building height setback of 1:1 (45 degrees) measured from the certified shoreline. (See Exhibit 21-9.15.)

(3)   The council, by resolution, may approve a building that exceeds the building height limits established in Exhibit 21-9.15 and on the zoning map; provided that the council determines that the building with the added height would not be visible within the view cones from the Punchbowl lookouts towards Diamond Head and the horizon line of the ocean or from the Kalakaua Avenue frontage of Fort DeRussy towards the slopes and ridgeline of the Koolau Range, and the building does not exceed a height of 350 feet.

(a)   Permitted uses. Within the apartment precinct, including the apartment mixed-use subprecinct, permitted uses and structures are as set forth in Table 21-9.6(A).

(c)   Additional development standards.

(a)   Permitted uses. Within the resort mixed-use precinct, permitted uses and structures are as set forth in Table 21-9.6(A).

(b)   Development standards. Uses and structures within the resort mixed-use precinct must conform to the development standards set forth in Table 21-9.6(B).

(c)   Additional development standards.

(1)   Floor area bonus.

(A)   For each square foot of public open space provided, exclusive of required yards, 10 square feet of floor area may be added.

(B)   For each square foot of open space devoted to pedestrian use and landscape area at ground level provided, exclusive of required yards, 5 square feet of floor area may be added.

(C)   For each square foot of arcade area provided, exclusive of required yards, 3 square feet of floor area may be added.

(D)   For each square foot of rooftop landscaped area provided, 1 square foot of floor area may be added.

(2)   Transitional height setbacks. For any portion of a structure above 40 feet in height, additional front, side, and rear height setbacks equal to 1 foot for each 10 feet in height, or fraction thereof, must be provided. Within the height setback, buildings with graduated, stepped forms are encouraged (see Figure 21-9.2).

(a)   Permitted uses. Within the public precinct, permitted uses and structures are as set forth in Table 21-9.6(A). Additionally:

(1)   In the public precinct, public facilities may include accessory activities operated by private lessees under supervision of a public agency solely to fulfill a governmental function, activity, or service for public benefit and in accordance with public policy; and

(2)   All structures within the public precinct must comply with the guidelines established by the urban design controls in Exhibit 21-9.15.

(a)   Preserve and enhance Haleiwa's existing rural low-rise, human-scaled form and character, especially along Kamehameha Highway and Haleiwa Road;

(b)   Preserve and restore to the extent possible buildings and sites of scenic, historic, cultural, or architectural significance, and encourage new development that is compatible with and complements those buildings and sites, primarily through low building heights, appropriate period design features, and subdued materials and plantation color schemes;

(c)   As entry points to Haleiwa, Weed Junction and Anahulu Bridge should be given special attention through landscaping and painting embellishment, respectively;

(d)   Encourage new development that will complement the significant physical features, waterways, open space, mature trees, and sites in Haleiwa;

(e)   Retain a distinctive pedestrian-oriented commercial area for residents and visitors;

(f)   Provide for safe and pleasant pedestrian and vehicular circulation;

(g)   Enhance the attractiveness and general landscaped open space character of the area;

(h)   Preserve and enhance significant views in Haleiwa, especially those of the Waianae Range and of the ocean from Haleiwa Beach Park, within the highly developed and heavily traveled areas; and

(i)   Provide public improvements such as roadways, street lights, street furniture, and signage compatible with the rural character of the community, rather than at conventional urban standards.

(a)   Views of Mount Kaala, the Waianae Range, Lokoea Pond, and Waialua Bay from Kamehameha Highway.

(b)   Views of Anahulu Stream from Kamehameha Highway, at the old arched Anahulu (“Haleiwa”) Bridge.

(c)   Views of Paukauila Stream, with landscaped buffer material, from Kamehameha Highway.

(d)   Views of the ocean from Kamehameha Highway.

(e)   Views of other significant features delineated on Exhibit 21-9.18.

(a)   Permitted uses. All uses permitted in the respective underlying zoning district are permitted in the Haleiwa special district;

(b)   Heights.

(1)   Permitted maximum heights of buildings and structures within the district shall not exceed 30 feet, except as provided under subdivision (2). Where the underlying zoning district has a lower height limit, the lower height limit shall prevail;

(2)   The director may exempt the following architectural features from the height regulations; provided that they are erected only to such height as is necessary to accomplish the purpose which they serve, but in no case may they exceed 12 feet above the maximum height limit. These building elements may be exempted only if the director finds they do not obstruct any significant views that are to be preserved, protected, and enhanced, and are consistent with the intent and objectives of the Haleiwa special district:

(A)   Necessary mechanical appurtenances of the building on which they are erected; provided that they are screened from view;

(B)   Necessary utilitarian features, including stairwell enclosures, ventilators, and skylights;

(C)   Decorative or recreational features, including rooftop gardens, planter boxes, parapet walls, or ornamental cornices;

(3)   Except for flagpoles and smokestacks, all items listed in § 21-4.60(c) shall also be exempt from the height provisions of this subsection;

(c)   Required yards.

(1)   The required front yard for any building or structure shall be 10 feet. Ground level porches, walkways, roof canopies, or eaves for other than residential structures may extend a maximum of 5 feet into the front yard;

(2)   Business uses and structures, except for service stations shall be located at the front yard setback line for a minimum of 50 percent along the front yard setback line; and

(3)   The minimum required setback for any new building or structure from any significant waterways as identified on Exhibit 21-9.18 shall be 20 feet as measured from the water’s edge;

(d)   Landscaping.

(1)   All required front yards shall be landscaped. A minimum 10-foot-wide buffer landscape strip shall be provided for all service stations, between the Kamehameha Highway property line or street setback lines, whichever is greater, and the service lanes or area;

(2)   The setback area within 20 feet from any significant waterways shall be maintained in an indigenous state. Additional planting material shall be provided in this area to screen any new structures or parking and drive areas as viewed from Kamehameha Highway. This requirement may be reduced for roadways and access drives where visibility is required for the safety of vehicles and pedestrians; and

(3)   Street trees shall be provided along Kamehameha Highway and Haleiwa Road in an informal arrangement, planted within front yards or the sidewalk area, and shall be a minimum 2-inch caliper. Species shall be chosen from the list shown on Exhibit 21-9.18. Number, spacing, and location of trees shall be determined by the director;

(4)   Any tree 6 inches or greater in trunk diameter shall not be removed or destroyed, except as follows:

(A)   The tree is not visible from any street, park, or other public viewing area;

(B)   Appropriate development of the site cannot be achieved without removal of the tree;

(C)   The tree is a hazard to the public safety or welfare;

(D)   The tree is dead, diseased, or otherwise irretrievably damaged; and

(E)   The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation; and

(5)   Any tree removed which is visible from any street, park, or other public viewing area shall be replaced by an approved tree of minimum 2-inch caliper or by alternative approved landscaping material, unless the replacement results in overcrowded vegetation. Where possible, trees proposed for removal shall be relocated;

(e)   Parking.

(2)   All other landscaping requirements of § 21-4.70 shall apply;

(3)   Except for necessary access drives, parking and loading spaces shall be prohibited in all required yards; and

(4)   Off-street parking and loading shall be located at the side and rear of buildings only;

(1)   General. The architectural form, scale, and character for new or renovated structures and modifications of existing structures shall be similar to the existing traditional building forms of Haleiwa. Typical characteristics for business districts are low structures with sloped roof canopies or overhanging second floors, false front facades or parapets, metal roofs, ground floors with entrances to the street, wood porches, generous window openings, and small-scale architectural detailing of facades;

(2)   Roofs. Roof projections or canopies shall be provided at the first floor roof level along Kamehameha Highway. Roofs visible from Kamehameha Highway shall have a minimum slope of 5 inches vertically to 12 inches horizontally. Flat roofs are prohibited in the district except for screened portions to accommodate mechanical equipment or enclosed by parapets or otherwise not visible from within the district. Roof materials shall be limited to wood shingles or shakes, patterned metal, patterned clay, or concrete tiles for all sloping roofs visible from the district;

(3)   Sun control. Awnings shall be either roll up construction, or fixed and projecting. They shall be subdued in color and pattern. Fixed commercially made metal awnings or “modern style” sun control devices are not permitted, except by approval of the director in accordance with the purpose and objectives of the district;

(4)   Railings, fences, and walls. Within the front yard, railings and fences shall be constructed from wood and refined in detail. Walls exceeding 36 inches in height shall be set back a minimum of 18 inches along Kamehameha Highway and Haleiwa Road and landscaped with vine or hedge planting or other approved vegetation on the street side. The setback and landscaping requirement may be waived by the director if the wall is moss rock or similar material;

(5)   Exterior lighting. Private light fixtures shall complement the character of the architecture of the district. Lighting shall be subdued so as not to produce glare to surrounding property and public viewing areas. Fluorescent or high intensity lamps shall not be permitted;

(6)   Exterior wall materials. Wall materials shall be subdued and visually compatible with existing materials. Materials should be selected to weather and mature with time and exposure such as stained or natural finish wood, coral, lava rock, wattled stucco, field stone and concrete with exposed aggregates, or wood impressions. Board and batten or board on board wood siding walls are particularly encouraged;

(7)   Colors. Colors for all materials must be natural or earth tones in subdued ranges and combinations, or those that reflect traditional plantation or historical colors. Colors for architectural trim or accent are not subject to this limitation;

(8)   Street facades.

(A)   A minimum of 50 percent of the area of the first floor street facade for business uses shall be devoted to windows and entrances. The area shall be measured along the length of the first floor street facade to a height of 8 feet from the finish grade; and

(B)   All glass on street facades shall be transparent and untinted;

(9)   Walkways. Private walkway and sidewalk material shall be visually compatible with natural materials such as wood planks or concrete with wood impressions or exposed aggregate; and

(10)   Exceptions. Exceptions to the above requirements for architectural appearance and character may be approved by the director if adequate justification for the exception is submitted and the exception requested is consistent with the objectives of the Haleiwa special district.

(g)   Signs.

(1)   Signs shall be designed to enhance the historic and architectural character of Haleiwa. An appropriate sign design would use a carved or sandblasted wood sign with serif-style lettering typical of the turn of the century, incorporating symbols when appropriate, and suspended from canopies or mounted on the building wall;

(2)   Pole-mounted signs shall be limited to a maximum height of 10 feet;

(3)   Signs that are self-illuminating, with moving parts, luminous paints, or reflective materials are not permitted. Any illumination may be from a detached source shielded from direct view. Box fluorescent signs shall not be allowed;

(4)   Notwithstanding the provisions for ground signs under Article 7, one ground sign, not directly illuminated, per zoning lot for identification or directory purposes may be permitted in the required 10-foot front yard, if there are more than three establishments. If it is used as a directory sign for more than three establishments, a maximum 18-square-foot ground sign is permitted;

(5)   A second business sign on the building frontage for each ground floor establishment may be allowed; provided that the sign is a hanging or projecting sign; and

(6)   In lieu of the second business sign described above, a garden sign may be permitted within the required front yard for each ground floor establishment with building frontage; provided that parking is not located within the front yard. Garden signs shall be spaced a minimum of 50 feet apart;

(h)   Exterior furniture. Any exterior furniture located within the public right-of-way by a public agency, or on private property by an owner, lessee, or tenant, shall be designed to enhance the rural character of Haleiwa and shall be subject to approval by the director; and

(i)   Drive-thru facilities.

(1)   Required off-street parking shall be provided on site;

(2)   Left turns out of a drive-thru lane onto Kamehameha Highway shall be prohibited;

(3)   The service area for customers shall be at the rear or side of the structure;

(4)   Queuing vehicles on drive-thru lanes shall be screened from view of Kamehameha Highway by appropriate landscaping. The director shall approve the landscaping plan;

(5)   Drive-thru lanes shall be of a length sufficient to ensure that waiting vehicles do not obstruct traffic on Kamehameha Highway;

(6)   Drive-thru operations shall cease by 10:00 p.m.;

(7)   Drive-thru facilities shall only be permitted on zoning lots along Kamehameha Highway:

(A)   Between Weed Junction and the cane haul road; and

(B)   Between the northern boundary of the Haleiwa special district and Anahulu Bridge; and

(8)   No portion of any drive-thru facility shall be located within 2,000 feet of another drive-thru facility.

(j)   Mobile commercial establishments. Mobile commercial establishments are subject to the following regulations:

(1)   For the purposes of this section, the following definition applies unless the context clearly indicates or requires a different meaning.

(2)   Mobile commercial establishments are permitted only on business-zoned lots;

(3)   A minimum of five off-street parking stalls is required for each mobile commercial establishment;

(4)   A zoning lot with three or more mobile commercial establishments is allowed one ground sign for directory purposes, subject to the requirements of this chapter;

(5)   Mobile commercial establishments must comply with the color requirements of subsection (f)(7). The name of the mobile commercial establishment may be displayed on the vehicle, subject to the color requirements;

(6)   A mobile commercial establishment must operate on areas where an all-weather surface is provided, outside of the yard areas required in subsection (c);

(7)   All mobile commercial establishments require a special district permit, which must be site specific. The special district permit for mobile commercial establishments must provide for the following:

(A)   Adequate restroom facilities for employees. Permanent restroom facilities with wastewater systems are preferred. Portable restroom facilities, if any, must be screened from view of Kamehameha Highway;

(B)   A traffic circulation and mitigation plan, parking management plan, and pedestrian circulation plan;

(C)   Operating hours must end no later than 10:00 p.m. daily;

(D)   Compliance with all mobile commercial establishment and special district regulations and requirements;

(8)   Mobile commercial establishments in legal operation prior to December 21, 2018 that do not meet the requirements of this subsection may continue operating as a nonconforming use pursuant to § 21-4.110(c) until such time that the mobile commercial establishment obtains a special district permit consistent with this subsection; provided that a mobile commercial establishment must cease operation as a nonconforming use upon any action taken by an owner, lessee, or authorized operator to transfer any interest in the mobile commercial establishment to a third party;

(9)   Mobile commercial establishments are permitted only on zoning lots along Kamehameha Highway:

(A)   Between Weed Junction and Paalaa Road; and

(B)   Between Achiu Lane and Amara Road;