Honolulu City Zoning Code
ARTICLE 10
DEFINITIONS
§ 21-10.1 Definitions.
For the purposes of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future; words used in the singular include the plural, and the plural the singular. The use of any gender shall be applicable to all genders. The word “shall” is mandatory; the word “may” is permissive; the word “land” includes inland bodies of water and marshes.
Where a proposed use is not specifically listed in this chapter or included in a definition in this article, the director will review the proposed use and, based upon the characteristics of the use, determine which listed or defined use is equivalent to that proposed.
Accessory Dwelling Unit. A dwelling unit, including separate kitchen, bedroom, and bathroom facilities, attached or detached from the principal dwelling unit on the zoning lot.
Accessory Receive Only Antenna. An antenna that is not regulated by the Federal Communications Commission, is used primarily to receive radio frequency or microwave transmissions, and is accessory to a principal use. The term includes satellite dishes up to 1 meter in size, amateur (ham) radio antennas, and television antennas attached to single-unit, two-unit, and duplex-unit dwellings. The term does not include broadcasting antennas (see broadcasting antenna), telecommunication facilities (see communication tower, communication support structure), or satellite dishes larger than 1 meter in diameter (see dish antenna).
Accessory Use. A use that meets the following conditions:
(1) Is conducted on the same zoning lot as the principal use to which it is related, whether located within the same building or an accessory building or structure, or as an accessory use of the zoning lot;
(2) Is clearly incidental to and customarily found in connection with the principal use; and
(3) Is operated and maintained substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the zoning lot with the principal use.
Active Agricultural Use. Continuously used for the business of raising and producing agricultural products in their natural state, including necessary and customary fallowing periods.
Adjoin, Adjoining, and Adjoins. Without an intervening street or permanent open space over 25 feet in width.
Adverse Reflection. A glare toward any oncoming traffic within a 45-degree cone of vision to each side and a 30-degree cone of vision vertically that could create a traffic hazard.
Agricultural Cluster. An area accommodating joint facilities for farming activities, including the clustering of homes within a larger site, by individuals, associations, or corporations.
Agricultural Collection and Storage. Collecting and storing of crops and animal-related products essential for the support of a variety of agriculture uses for distribution to wholesale and retail markets. The term does not include the storage or movement of non-agricultural products (see general storage, warehousing, and distribution).
(1) Minor: Collecting and storing crops and live animal by-products such as milk, eggs, and honey.
(2) Major: Collecting and storing dead animals and associated by-products.
Agricultural Easement. The grant of a property right stipulating that the affected land will remain in active agricultural production or in open space.
Agricultural Energy Facility. An accessory facility that generates, stores, or distributes renewable energy fuels from products of crop production or livestock and poultry keeping. The term includes producing, harvesting, and preparing Hawaii-grown feedstock for use at the agricultural energy facility. The term includes operational infrastructure of the appropriate type and scale for the economic commercial generation, storage, distribution, and other similar handling of energy, including equipment, feedstock, fuels, and other products of agricultural energy facilities necessary for an enterprise that integrally incorporates an agricultural activity with an agricultural energy facility. The term does not include utility-scale solar facilities, or the use of grease, food wastes, animal residues, or animal wastes from offsite commercial or industrial uses to generate energy (see biofuel processing facility).
Agricultural Equipment Service. Selling and repairing machinery used in agricultural production, such as tractors, planters, and harvesters. The term does not include the sale, rental, or lease of motor vehicles for use on a road (see vehicle sales and rental), the repair of industrial machinery, heavy equipment. and engines that are not used in agricultural production (see heavy repair), or the routine maintenance of vehicles that are not used in agricultural production, such as replacing fluids and minor parts (see vehicle service).
Agricultural Farmers Market. An accessory outdoor market for the sale of Hawaii-grown agricultural products and value-added products that were produced using Hawaii-grown agricultural products located on a zoning lot with a principal agricultural use. The term does not include outdoor markets and similar uses conducted outside of the agricultural zoning districts (see general retail), farm stands (see farm stand), or food trucks or mobile vendors (see mobile commercial establishments).
Agricultural Processing. Processing Hawaii-grown crops and Hawaii-raised animal-related products (grown or raised onsite or offsite) in their original form, such as washing, cutting, bundling, and packaging, which are essential to supporting a variety of agriculture uses for distribution to storage structures or wholesale and retail markets. The term does not include the processing of packaged food or drink products (see food manufacturing and processing). See also agricultural collection and storage.
(1) Minor: Processing Hawaii-grown crops and live Hawaii-raised animal by-products (grown or raised onsite or offsite) such as milk. eggs, honey, and aquaculture harvests. In the agricultural zoning districts, the term includes the processing of Hawaii-grown crops grown onsite or offsite to produce malt beverages, distilled spirits, or wines. of which at least 51 percent are Hawaii-grown ingredients other than water.
(2) Major: Slaughtering and processing of dead Hawaii-raised animals and associated by-products.
Agritourism. Accessory agricultural-related tourism for recreational or educational purposes on zoning lots primarily used for ongoing crop production or livestock and poultry keeping. Agricultural-related tourism activities include kayaking, hiking, mountain biking, boating, horseback riding, ziplining, and picnicking. The term includes accessory destination events, such as weddings. The term does not include agricultural-related tourism for entertainment purposes, including luaus and performance-related shows (see general outdoor recreation).
Aina-Based Education Facility. A facility designed to support educational programs that are grounded in the cultural, environmental. and community values of aina and is not operated primarily for financial gain.
Airport. Activities and structures for the landing and takeoff of flying vehicles, including loading and unloading areas such as passenger terminals. Aviation facilities may be improved or unimproved. The term includes but is not limited to commercial carriers and private aircraft facilities.
All-Weather Surface. A 4-inch base course with a 2-inch asphaltic concrete surface or a 4-inch reinforced concrete pavement or any other similar materials as determined to be acceptable by the department. These materials may combine the load-bearing characteristics, durability, and level surface of asphalt and concrete. “Grass bloc” and “grasscrete” may be considered all-weather surfaces.
Animal Care. Providing medical care, grooming, training, or boarding services to household pets as a principal use. The term includes animal shelters, kennels, veterinary clinics, animal clinics, animal hospitals, pet grooming facilities, pet daycare, and pet spas. The term does not include raising and feeding livestock and poultry in confined areas such as pens, stalls, or cages (see major animal raising), or providing veterinary services to livestock and poultry (see livestock and poultry veterinary service).
(1) Minor: Facilities that do not provide overnight boarding.
(2) Major: Facilities that provide overnight boarding.
Animal Raising. Agricultural establishments primarily engaged in commercial livestock and poultry keeping or feeding as a principal use.
(1) Minor: Agricultural establishments that, because of operational characteristics, may generate dust, odors, pollutants, or visual impacts that are unlikely to adversely affect adjacent properties. The term includes small commercial animal operations such as rabbit farms, apiaries, aviaries, or the raising and feeding of livestock and poultry such as cattle, horses, goats, sheep, swine, turkeys, chickens, ducks, bees, and rabbits. The term does not include feedlots (see major animal raising), the boarding and care of household pets (see animal care), or animal shelters (see animal care).
(2) Major: Agricultural establishments that, because of operational characteristics, may generate dust, odors, pollutants, or visual impacts that could adversely affect adjacent properties. The term includes piggeries, dairies, dairy and beef cattle feedlots, and chicken, turkey, and other poultry farms. The term also includes feedlots, defined as any animal feeding operation that concentrates animals, feed, manure and urine, dead animals, and production operations on a small land area. In feedlots, feed is brought to the animals rather than the animals grazing or otherwise seeking feed in pastures, fields, or on rangeland. The term does not include the boarding and care of household pets (see animal care) or animal shelters (see animal care).
Aquaculture. The cultivating and raising of aquatic plants such as limu, wetland taro, kelp or algae, or aquatic animals such as fish or shellfish in controlled natural or artificial bodies of water. The term does not include cultivating land-based crops, including with hydroponics (see crop raising).
Arcade. A contiguous area with access to a street designed to provide pedestrian access to more than one abutting establishment. It is open and unobstructed to a height of not less than 12 feet, is accessible to the public during business hours and has an area of not less than 500 square feet including portions occupied by building columns. It has minimum length and width dimensions of 10 feet. An arcade is not more than 3 feet above the level of the sidewalk which it adjoins. At least 50 percent of its perimeter is open to a street, sidewalk, or public open space, except for a railing or wall with a maximum height of 42 inches (see Figure 21-10.1).
Attic. A portion of a building wholly or partly in the roof, so designated, arranged, or built as to be used for business, storage, or habitation. Attic areas with a head room of less than 7 feet shall not be included as floor area.
Bar, Nightclub. An establishment that prepares and sells liquor for onsite consumption. The term does not include liquor production (see brewery, distillery, winery). A bar or nightclub may include a dance floor or live or amplified recorded music or professional entertainment, subject to licensing by the Honolulu liquor commission. A bar or nightclub may also offer food and nonalcoholic drinks for consumption onsite or offsite but is not considered to be a general eating and drinking establishment if the principal offering is the sale of liquor. See also general eating and drinking.
(1) Minor: A bar or nightclub open until 2:00 a.m. or that closes prior to 2:00 a.m.
(2) Major: A bar or nightclub open until 4:00 a.m.
Base Yard. Outside storage, parking, cleaning, and incidental repair and maintenance of vehicles and associated equipment. The term includes supporting dispatching services, administrative offices, kitchens, showers, lounges, and similar personnel supporting activities.
Basement. A floor that is wholly below grade, or that is partly below grade such that the floor above is no more than 3 feet above grade for at least 50 percent of the floor’s perimeter.
Grade shall be either existing or finished grade, whichever is lower at all points (see Figure 21-10.2).
Bathroom. A room that contains, or a combination of adjoining rooms that provide access to one another that contain, at least two of the following items:
(1) Bath or shower;
(2) Sink; or
(3) Toilet.
Bed and Breakfast Home. A use in which overnight accommodations are advertised, solicited, offered, or provided (or a combination of any of the foregoing) to transient occupants, for compensation, for periods of less than 90 consecutive days, in the same dwelling unit occupied by an owner, lessee, operator, or proprietor of the dwelling unit. See also transient vacation unit. For the purposes of this definition:
(1) Compensation includes but is not limited to monetary payment, services, or labor of transient occupants; and
(2) Month-to-month holdover tenancies resulting from the expiration of long-term leases of 90 consecutive days or more are excluded.
Beekeeping. The keeping of bees in artificial hives, such as honeybees and varieties of native bees as an agricultural activity. The term does not include accessory commercial beekeeping in zoning districts where home occupations are permitted, which must comply with standards for home occupations (see home occupation). The term does not include accessory backyard beekeeping involving small-scale beekeeping for personal use on the same zoning lot on which the beekeeper’s dwelling unit is located (see § 12-2.5(b) for animal nuisance requirements relating to the keeping of honeybees).
Bicycle Sharing. Refers to non-rental bicycles that are shared by multiple users at one location, typically for short trips by employees, guests, or residents of a multi-unit dwelling. Bicycle sharing may also refer to bicycles offered for rent with designated docking stations, but does not include bicycle sharing offices or onsite staff.
Biofuel Processing Facility. A facility that produces liquid or gaseous fuels from organic sources, such as biomass crops, agricultural residues, oil crops (including palm, canola, soybean, and waste cooking oils); grease; food wastes; or animal residues and wastes that may be used to generate energy.
Booking Service. Any reservation or payment service provided by a person that facilitates a transaction between an owner, operator, or proprietor of a bed and breakfast home or transient vacation unit, and a prospective user of that bed and breakfast home or transient vacation unit, and for which the person collects or receives, directly or indirectly through an agent or intermediary, a fee from any person in connection with the reservation or payment services provided for by the transaction.
Boundary Wall. A solid wall without openings, which is part of a building and erected on the boundary line between adjacent zoning lots.
Brewery, Distillery, Winery. A facility that produces malt beverages, distilled spirits, or wines. The term does not include facilities that fall within the minor agricultural processing use (see minor agricultural processing) or establishments that fall within the bar, nightclub use. The onsite or offsite consumption of malt beverages, distilled spirits, or wine is determined by the type of liquor license obtained from the Honolulu liquor commission.
(1) Minor: Producing a maximum of 10,000 barrels a year (or similar level of production). The term includes guided tours and free tastings of malt beverages, distilled spirits, or wine produced onsite.
(2) Major: Producing more than 10,000 barrels a year (or similar level of production). The term includes guided tours and free tastings of malt beverages, distilled spirits, or wine produced onsite.
Broadcasting Antenna. Antennas, towers, and other accessory facilities for radio frequency transmissions of AM and FM radio and television broadcasting. Transmissions may be received by anyone with a radio or television. These facilities are regulated by the Federal Communications Commission under Title 47 CFR Part 73, as may be amended or superseded. The term does not include broadcasting studios and stations, and telecommunication facilities (see communication tower, communication support structure).
Buildable Area. A portion of a zoning lot excluding required yards, stream setbacks, shoreline setbacks, and street setbacks.
Buildable Area Boundary Line. Any of the imaginary lines which constitute a perimeter separating the buildable area from the nonbuildable area of a zoning lot.
Building. Anything built, constructed, or erected, or established or composed of parts joined together in some definite manner that provides shelter for humans, animals, or property of any kind and requires location on the ground, or that is attached to something having permanent location on the ground. A building may or may not be easily moved from a given location on the ground.
Building Area. The total area of a zoning lot covered by structures and covered open areas. The following are not considered building area:
(1) Open areas covered by eaves and normal overhang of roofs;
(2) Uncovered entrance platforms, uncovered terraces, and uncovered steps when these features do not themselves constitute enclosures for building areas below them, and do not exceed 30 inches in height; and
(3) All-weather surfaces.
Car Sharing Spaces. Parking spaces dedicated for use by car sharing vehicles.
Car Wash. A facility with mechanical or hand-operated equipment used for cleaning, washing, polishing, or waxing of motor vehicles.
Caretaker Unit. An accessory dwelling unit occupied by the owner or caretaker of a principal use on a zoning lot for the purposes of maintenance and security of the premises. The term includes accessory caretaker units for principal uses involving cemeteries and Hawaiian fishponds.
Carport. An accessory structure or portion of a principal structure consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the storage of motor vehicles.
Cemetery. A property divided into cemetery lots for sale as burial plots at an interment facility, including columbaria and mausoleums. Permitted accessory uses include crematory operations, cemetery real estate operations, mortuary services, floral and monument sales, and single-unit dwellings to be occupied by cemetery caretakers.
Communication Support Structure. A structure designed for a separate use or purpose that also supports or conceals a telecommunications facility. Equipment may be mounted on and integrated with a roof or facade, light pole, bell tower, clock tower, campanile, steeple, light structure other than a street light pole or traffic signal pole, or similar structure.
Communication Tower. A freestanding structure that supports a telecommunications facility. The term includes monopoles, monopalms, monopines, lattice towers, and similar structures. The term does not include broadcasting antennas (see broadcasting antenna) or structures that support or conceal an antenna (see communication support structure).
Community-Based Recreation Center. A community-based recreation center, which may be membership based, that includes outdoor and indoor recreation, including swimming pools, locker rooms, sports courts, gymnasiums, meeting rooms, offices, and supporting facilities. See also park, general outdoor recreation, nature-based recreation, personal services, public facility.
Composting. The recycling of organic waste through natural decomposition and other processes that encourage or speed up the decomposition process. Composting may include the receipt of composting materials, primary processing, decomposition, and final processing for sale and marketing of resulting products. The term does not include bioremediation of fuel-contaminated soil, or backyard composting involving small-scale composting of organic materials, primarily yard wastes, at the site where these materials are generated.
(1) Minor: Involves simple management and engineering solutions to control odors, vectors, and surface water contamination. The term includes the composting of clean, source-separated organic materials, including greenwaste, animal manure, crop residues, and waste from vegetable food processing operations.
(2) Major: Involves complex controls to manage odors, vectors, and surface water contamination. For instance, in some cases, onsite odors may not be able to be completely mitigated. The term includes the composting of mixed solid waste, including solid waste facility residues (rubbish), sewage sludge, waste from animal food processing operations, and similar materials.
Consulate. A facility that includes the offices (including administrative offices) of an official appointed by a foreign government who serves the interests of foreign citizens. A consulate may include space for residential occupancy. Consulates are public facilities, and are eligible for zoning waivers that apply to public facilities.
Crop Raising. Cultivating, maintaining, and harvesting crops for agriculture and horticulture purposes, generally conducted in an open field or greenhouse. The term includes vertical farm operations and cultivating crops with hydroponics, aeroponics, and aquaponics. The term does not include cultivating aquatic plants or animals (see aquaculture). See also forestry, plant nursery.
CUP. Conditional use permit.
Daycare, Adult. The use of a building or property other than a dwelling unit or medical facility to provide supervision and care to adults who need supervision or assisted living services. The term does not include overnight stays and 24-hour care.
Daycare, Child. The use of a building or property other than a dwelling unit, public school, or medical facility to provide supervision and care for individuals under 18 years of age. The term includes care for seven or more individuals under 18 years of age. The term does not include overnight stays and 24-hour care. See also home occupation, home-based childcare, K-12 school, and public facility.
Department. The department of planning and permitting.
Designated Authorized Representative. One or more persons appointed by the owner or owners to reside in the primary dwelling unit or accessory dwelling unit and act on behalf of the owner or owners in the absence of the owner or owners.
Developer. A landowner or any person with written authorization from the owner who intends to improve or to construct improvements upon a zoning lot or portion of a zoning lot.
Development. Any human-made change to improved or unimproved real property, including but not limited to buildings or other structures, filling, grading, or excavation operation.
Director. The director of planning and permitting or designated representatives of the director. As appropriate to the circumstances, approval by the director shall include approval by the director’s designated representatives.
Dish Antenna. A receiver or transmitter of radio frequency or microwave transmissions consisting of a reflector-shaped satellite dish that is larger than 1 meter in diameter. The term does not include dish antennas integrated with telecommunication facilities (see communication tower, communication support structure). See also accessory receive only antenna.
Donor Lot. A zoning lot that will transfer all or a portion of the unused floor area of the zoning lot to a receiving lot under off-site joint development approval.
Drive-Through Facility. Any portion of a retail establishment that offers service to patrons via a drive- through counter or window so that patrons need not leave their vehicles for service. The term drive-through does not include automobile service stations.
Drive-Thru. An accessory facility that allows a customer to be served while seated in a vehicle, typically accessory to an eating and drinking establishment, bank, dry cleaner, or pharmacy.
Dwelling, Duplex-Unit. A single building that is located on two separate zoning lots. The duplex building must contain two independent dwelling units that are separated by a common wall located along a side or rear yard boundary line for the zoning lots. An interior connection between the dwelling units is prohibited, and each dwelling unit must have a separate entrance. Use of a duplex-unit dwelling is the occupancy of each dwelling unit in the duplex-unit dwelling by one family for non-transient, residential purposes and permissible accessory uses (see Figure 21-10.3).
Dwelling, Multi-Unit. Three or more dwelling units contained in a single building. Use of a multi-unit dwelling includes the occupancy of each dwelling unit in the multi-unit dwelling by one family for non-transient occupancy for residential purposes and permissible accessory uses. If permitted in the underlying zoning district, multi-unit dwellings may include spaces for nonresidential uses; provided that these nonresidential uses will be regulated as separate land uses.
Dwelling, Single-Unit. A detached building containing one dwelling unit that is used exclusively by one family for non-transient occupancy for residential purposes, and permissible accessory uses (see Figure 21-10.3).
Dwelling, Two-Unit. Two dwelling units in a single structurally independent building that is entirely surrounded by yards or other separation from buildings on adjacent zoning lots (see Figure 21-10.3).
Dwelling Unit. A room or connected rooms in a single structure that are designed for residential occupancy by one family. A dwelling unit contains one kitchen, sanitary facilities, and space for sleeping. Two or more structures that are essentially separate except for an unenclosed or token connection, such as a covered walkway or a trellis, do not constitute a single dwelling unit. Dwelling unit use is the exclusive occupancy of a dwelling unit by one family for non-transient, residential purposes and permissible accessory uses. Unless specifically permitted in use regulations, a dwelling unit may not be used as a timeshare, bed and breakfast home, or transient vacation unit as defined in this section.
Eating and Drinking, General. An establishment that serves meals to patrons for compensation as a principal use. Must have suitable kitchen facilities connected therewith, containing the necessary equipment and supplies for cooking an assortment of foods that may be required for ordinary meals. General eating and drinking may include the sale of liquor with appropriate Honolulu liquor commission license. See also bar, nightclub. A bona fide general eating and drinking establishment is distinguished from a bar or nightclub because the principal offering is the sale of food and nonalcoholic drinks for consumption onsite or offsite. See also drive-thru.
Electric Ready. A parking space that is prepared in advance for future use as an electrical charging station for electric vehicles. To be electric ready, electrical conduits must be in place with lines to the electrical supply of the structure. The actual wiring and installation of charging equipment or receptacles may occur at a future date when demand for electrical charging stations arises.
Energy Generation System. A facility for producing electricity from renewable sources such as the sun, wind, internal heat of the earth, flowing water, or waves, or from nonrenewable sources such as petroleum. natural gas or coal.
Energy Savings Device. Any facility, equipment, apparatus, or the like which makes use of nonfossil fuel sources for lighting, heating, or cooling, or that reduces the use of other types of energy dependent on fossil fuel for generation.
Exclusive Agricultural Sites. Leasehold parcels within an agricultural zoning district having a minimum leasable area of 5 acres, and prohibiting any structures for temporary, seasonal, or permanent residential occupancy or habitation.
Explosive or Toxic Chemical Manufacturing, Storage, and Distribution. Manufacturing, storing, and distributing poisonous, corrosive, or combustible materials capable of causing death or injury to people or damage to property. The term does not include petroleum, liquefied petroleum gas, or coal products (see petrochemical plant).
Family. One or more natural persons, all related by blood, adoption, guardianship, marriage, or other duly authorized custodial relationship occupying a dwelling unit or lodging unit: or no more than five unrelated natural persons.
Farm Dwelling. A dwelling unit that is accessory to a principal agricultural use on the same zoning lot other than open space or forestry, where onsite agricultural activity provides income to the household occupying the farm dwelling.
Farm Stand. Selling merchandise primarily grown or made onsite with limited sales of prepackaged food and drinks. The term does not include food trucks or mobile vendors (see mobile commercial establishment), or farmers markets (see agricultural farmers market).
Farm Worker Housing. Dwelling units that are accessory to an active, principal agricultural use other than open space, forestry, or the boarding and care of animals, and used exclusively to house employees of agricultural operations and their family members.
Feed Store. Storing and selling products essential to agricultural production, such as seed, feed, and fertilizer.
Flag Lot. A zoning lot consisting of an access drive and a body in such a manner that the body would be landlocked from a public street or private way except for connection by the access drive (see Figure 21-4.1).
Flag Lot Access Drive. A strip of land that provides access for a flag lot (see Figure 21-4.1).
Flag Lot Body. The landlocked portion of a flag lot (see Figure 21-4.1).
Floor Area. The area of all floors of a structure excluding unroofed areas, measured from the exterior faces of the exterior walls or from the centerline of party walls dividing a structure. The floor area of a structure, or portion thereof, that is not enclosed by exterior walls is the area under the covering, roof, or floor above that is supported by posts, columns, partial walls, or similar structural members, that define the wall line (see Figure 21-10.4). Excluded from the floor area are:
(1) Parking structures, including covered driveways and accessways, porte cocheres, and parking attendant booths;
(2) Attic areas with head room less than 7 feet;
(3) Basements;
(4) Lanais;
(5) Projections such as sunshade devices and architectural embellishments that are decorative only;
(6) Areas covered by roofing treatment to screen rooftop machinery only; and
(7) Areas underneath rooftop solar panels or unsupported building overhangs, provided the area is not otherwise enclosed.
(Added by Ord. 99-12)
FIGURE 21-10.4 (Continued)
FLOOR AREA (Continued)
FLOOR AREA (Continued)
(Added by Ord. 03-37)
Floor Area Ratio or FAR. The ratio of floor area to total area of the zoning lot expressed as a percent or decimal. Where rounding of numbers is necessary to determine floor area ratio, the nearest one-hundr edth shall be used. Multiplyi ng the permissibl e floor area ratio by the lot area of the zoning lot determine s the maximum floor area permitted.
Food Manufacturing and Processing. Processing of packaged food or drink products for human consumption that does not involve the handling of dead animals or animal by-products (see agricultural processing). The term does not include facilities that fall within the agricultural processing use, if activities include further processing such as cooking and blending.
Forestry. Creating, conserving, and managing forests or forest lands for commodity benefits such as lumber or non-commodity benefits such as conservation or education. See also plant nursery, crop raising.
Golf Course. A facility for playing nine holes or more of golf. Includes associated clubhouses and driving ranges. The term does not include miniature golf courses or stand-alone driving ranges (see general outdoor recreation).
Grading. Any excavation or cut or fill or combination thereof.
Group Living. Residential occupancy that is not included in household living. Includes but is not limited to monasteries, convents, dormatories, and facilities such as adult residential care home, assisted living facility, special needs housing for the elderly, developmental disabilities domicilary home, special treatment facility, clean and sober home, hospice home, group home, recovery home, nursing home, rehabilitation facility, and sanitarium. These facilities may be licensed, certified, registered, or monitored by the State.
Group Living, Large. Type of group living that may be licensed, certified, registered, or monitored by the State, where a dwelling unit is occupied by nine or more residents who do not meet the definition of a family. Resident managers or supervisors and their families are not included in the resident count.
Group Living, Small–Not State Regulated. Type of group living that is not licensed, certified, registered, or monitored by the State, where a dwelling unit is occupied by up to eight residents who do not meet the definition of a family. Resident managers or supervisors and their families are not included in the resident count.
Group Living, Small–State Regulated. Type of group living that is licensed, certified, registered, or monitored by the State, where a dwelling unit is occupied by up to eight residents who do not meet the definition of a family. Resident managers or supervisors and their families are not included in the resident count.
Grubbing. Any act to clear the ground surface of any or all trees, large shrubbery, or large groupings of plants.
Hawaiian Fishpond. Has the same meaning as defined in HRS § 183B-1.
Height Envelope. The three-dimensional space within which a structure is permitted to be built on a zoning lot and that is defined by the buildable area boundary lines, maximum height regulations, and any applicable height setbacks.
Heliport. A facility for landing and takeoff of rotorcraft, including supporting fueling, maintenance, repair, and storage activities.
Helistop. An accessory facility for landing and takeoff of rotorcraft that does not include supporting fueling, maintenance, or repair facilities.
Historic Site or Structure. Any site or structure that has been placed on either the national or State registers of historic places, or that is specifically listed as a site or structure of significance in a special district under Article 9.
Home-Based Childcare. A home occupation in which childcare services are provided during any portion of a 24-hour day to no more than six children at any given time who are not members of the household, and that is licensed by the State department of human services. In addition to one employee of the home occupation who is allowed on the property at any given time, if the principal caregiver that is a household member becomes unavailable due to illness or emergency, an additional non-household member may be allowed on the property to provide childcare services on a temporary basis to substitute for the principal caregiver. See also child daycare.
Home Occupation. Any activity intended to produce income that is carried on within a dwelling unit, accessory structure to a dwelling unit, or on a zoning lot used principally for residential purposes. Home occupations include the use of any residential premises as a base for an off-premise, income-producing activity.
Hospital. An institution providing primarily in-patient, intensive, medical, or surgical care, including emergency care services. The term includes facilities for extended care, intermediate care and out-patient care, living facilities for staff, research and educational facilities, doctor offices, and any administrative offices necessary for the operation of the facility. See also general medical services.
Hosting Platform. A person that collects or receives a fee from any person for booking services through which an owner, operator, or proprietor of a bed and breakfast home or transient vacation unit may offer use of the bed and breakfast home or transient vacation unit. Hosting platforms typically, but not necessarily, provide booking services through an online platform that allows the owner, operator, or proprietor to advertise the bed and breakfast home or transient vacation unit through a website provided by the hosting platform, and the hosting platform conducts a transaction by which potential users arrange the use of and payment for the bed and breakfast home or transient vacation unit, whether the payment is made directly to the owner, operator, or proprietor, or to the hosting platform.
Hotel. A building or buildings, or a portion of a building or buildings, containing guest rooms that are offered and used for the provision of transient accommodations to transient occupants. A hotel must include a lobby or 24-hour front desk and facilities used to provide housekeeping services to guests. The term includes activities, facilities, and services that are traditionally and customarily provided for the benefit and convenience of hotel guests. The term does not include transient vacation units, bed and breakfast homes, and timeshares.
Household Pet. A dog, cat, service animal, or other domesticated animals that are customary and usual pets. The term does not include cows, horses, camels, llamas, sheep, goats, swine, or poultry.
Impervious Surface. A surface covering or pavement of a developed parcel of land that prevents the land’s natural ability to absorb and infiltrate rainfall or stormwater. Impervious surfaces include but are not limited to rooftops, walkways, patios, driveways, parking lots, storage areas, impervious concrete and asphalt, and any other continuous watertight pavement or covering.
Joint Development. The development of two or more adjacent subdivision lots under a single or unified project concept. See also “off-site joint development.”
Kitchen. A kitchen facility for a housekeeping unit that exists when there is, on the premises of the housekeeping unit, an item from all three of the following categories:
(1) Fixtures, appliances, or devices for heating or cooking food;
(2) Fixtures, appliances, or devices for washing utensils used for dining and food preparation or for washing and preparing food; and
(3) Fixtures, appliances, or devices for refrigeration of food.
Lanai. An area projecting from the face of a building that meets the following conditions:
(1) It is an accessory area to a dwelling or lodging unit;
(2) At least 50 percent of the area’s perimeter is permanently open to the exterior, except for a safety railing not exceeding 4 feet in height, and is without structural columns or walls; and
(3) The area is solely accessible from the dwelling unit to which it is appurtenant.
Recessed areas within the main building face are not “lanais.”
Landscaped. A maintained area of which a minimum of 50 percent shall be devoted exclusively to include plants that are rooted directly in the ground or in permanently fixed planter boxes. The remaining 50 percent may be devoted to rock gardens, fountains, and reflecting pools.
Laundry Room. A utility room in a dwelling unit that is used for washing and cleaning clothes and other fabrics, and which contains items such as a washing machine, utility sink, and clothes dryer.
Lei Making and Selling. A retail use or structure exclusively involved with the preparation and retail sale of leis made from fresh plant materials; provided that:
(1) Any structure used, such as a kiosk or vending cart, is not fixed to a particular location for more than 24 hours at a time; and
(2) Any structure used has no more than one umbrella or canvas overhead directly attached to the structure, and is not fixed at any point to the ground or to another structure.
Linen Supplier. Providing linen and offsite laundry services, including but not limited to delivery and pickup to businesses such as hospitals and hotels. Linens include but are not limited to uniforms, towels, aprons, tablecloths, napkins, and similar fabrics meant to be cleaned.
Livestock. Animals raised in an agricultural setting to provide labor or produce diversified products for consumption such as meat milk, fur, leather, and wool. The term includes cattle, horses, goats, sheep, swine, and rabbits that are not raised as household pets or for purposes of personal use and companionship.
Livestock and Poultry Veterinary Service. Providing veterinary services to livestock and poultry. The term does not include providing veterinary services to livestock and poultry raised as household pets or for purposes of personal use and companionship (see animal care). See also major animal raising.
Lodging Unit. A building, or portion of a building, in a hotel or other structure designed for transient or longer-term occupancy that does not include all three permanent facilities for food preparation (heating/cooking element, sink, and refrigerator).
Long-Term Bicycle Parking. Secure, weather-protected bicycle parking intended for employees, residents, commuters, and other visitors who generally stay at a site for several hours, or overnight.
Lot Area. The total area within the lot lines of the zoning lot but exclusive of right-of-way for ingress or egress in favor of others, and easements for open drainage systems.
Lot Depth. The average horizontal distance between the front and rear lot line. In the case of zoning lots with more than one front yard, either one of the zoning lot dimensions may be used to calculate lot depth.
Lot Width. The average horizontal distance between side lot lines measured at right angles to lot depth. In the case of zoning lots with more than one front yard, either one of the zoning lot dimensions may be used to calculate lot width.
Lowest Floor. The lowest floor of an enclosed area including basements of a building. An enclosure, usable solely for parking vehicles, building access, or storage area is not considered a building’s lowest floor.
Manufacturing and Processing, General. The manufacture, processing, assembly, fabrication, refinement, alteration, or packaging by hand or by machinery, from raw materials, component parts, or other products. of finished goods, merchandise, or other end products suitable for sale or trade.
(1) Light: Activities that are non-offensive to adjacent uses; involve no open storage or other types of outdoor accessory uses other than parking and loading; do not involve processes that generate significant levels of heat, noise, odors, or particulates; and do not involve chemicals or other substances that pose a threat to health and safety. The term includes but is not limited to the production of handcrafted goods, electronics-intensive equipment, components related to instrumentation and measuring devices, bio-medical and telecommunications technologies, computer parts and software, optical and photographic equipment, or other similar types of manufacturing, processing. and packaging activities.
(2) Heavy: Activities involving significant mechanical and chemical processes, large amounts of metal transfer, or extended shift operations. The term includes but is not limited to paper and textile milling; wood millwork and production of prefabricated structural wood products; soap and detergent manufacturing; rubber processing and rubber products manufacturing; production of plastics and other synthetic materials; primary metals processes; vehicle, machinery, and fabricated metal products manufacturing; electroplating; cement making and concrete production; gypsum and related products production; chemical products, perfumes, and pharmaceuticals production; or paving and roofing materials production. The term does not include those activities associated with petroleum processing (see petrochemical plant); the manufacture of explosives or toxic chemicals (see explosive or toxic
chemical manufacturing, storage, and distribution); waste disposal and processing (see waste disposal and processing); or the processing of salvage, scrap, or junk materials (see salvage, scrap, or junk storage and processing).
Marine, General. Activities and structures used to support recreational marine or other water-related activities, commercial boating, or the storage and transfer of marine or other water-related goods and services.
(1) Minor: Land uses on harbor fast lands, lagoons, or other inland waters that support recreational marine activities. The term includes but is not limited to piers or boathouses, storage and minor repair of boats, clubhouses, sale of boating supplies and fuels, ice and cold storage facilities, hoists, launching ramps, and wash racks.
(2) Major: Land uses on harbor fast lands that support commercial marine activities. The term includes but is not limited to construction, vocational training, equipment sales, and repair.
Mechanical Parking System. A mechanism with vertical or horizontal transport capability that provides for automobile storage or retrieval, and refers to systems that are either manually operated, such as a mechanism that lifts and lowers one or more cars within one parking space, or autonomously operated, such as a multi-level robotic garage, sometimes referred to as automated parking systems or APS.
Medical Laboratory. Conducting medical research or testing and examining of materials derived from the human body, such as fluid, tissue, or cells, for the purpose of providing information on diagnosis, treatment, mitigation, cure, or prevention of disease. The term includes compounding pharmacy and training of medical students.
Medical Services, General. Providing out-patient medical, surgical, or dental care by a physician or health care worker in a facility that does not include onsite overnight care. The term includes doctor offices, ambulatory surgery facilities, freestanding surgical outpatient facilities, freestanding birthing centers, chiropractor offices, dentist offices, orthodontist offices, physical therapist offices, kidney dialysis centers, blood donation or collection services facilities, acute care facilities, urgent care facilities, and any administrative offices necessary for operation of the facility. The term does not include emergency care services (see hospital).
Meeting Facility. A principal use involving regular or periodic gatherings or assemblies of individuals on private property for a common purpose. May be accessory to a principal use if not expressly prohibited. For the purposes of this definition, the director may liberally construe accessory uses outside of the agricultural zoning districts. The term includes private clubs, union halls, community centers, religious facilities such as churches, temples, and synagogues, and student centers. See also public facility.
(1) Small: Meeting facilities with a capacity for more than 25 individuals, up to 100 individuals.
(2) Medium: Meeting facilities with a capacity for more than 100 individuals, up to 2,000 individuals.
(3) Large: Meeting facilities with a capacity for more than 2,000 individuals.
Mobile Commercial Establishment. A vehicle with current registration and safety check used by an itinerant vendor for the sale of food products, other wares, or services. The vehicle must be mobile and in a condition that allows it to enter and exit the zoning lot. The term includes but is not limited to lunch wagons, lunch vans, food trucks, and vehicles with attached or associated pop-up tents. The term does not include vendors at farmers markets, fun fairs, special community events, or other special events managed by a regulatory entity where mobile commercial establishments are not a majority of the event. In the Haleiwa special district, the definition of mobile commercial establishment in § 21-9.90-4(j) supersedes this definition.
Multimodal Facility. A facility for trains, buses, taxis or car share services. The term includes bus transfer facilities, bus stations, car-share facilities, limousine or taxi services, tight rail stations, or rail stations.
Nature-Based Recreation. A privately-owned and managed permanent facility or area dedicated to outdoor play, outdoor recreation, or aina-based education facilities, often containing recreational equipment and facilities intended to promote or enhance access to natural areas on land with preserved wildlife and natural features. The term includes picnic grounds, greenways, hiking and bicycling trails, areas for fishing and hunting, limited accessory sports courts and fields, non-motorized access to scenic interests, horseback riding tours, recreational camping, and campgrounds with tents, pavilions, lodges, and cabins. The term does not include parks (see park), golf courses (see golf course), horse stables (see major animal raising), accessory agriculture-related tourism or recreation (see agritourism), community recreation centers (see community-based recreation center), hotels (see hotel), and timeshares (see timeshare). See also general outdoor recreation, minor animal raising.
Nonconforming Dwelling Unit. Any combination of legally established one-family or two-family detached dwellings that exceed the permitted maximum number currently allowed on a single zoning lot.
Nonconforming Lot. A zoning lot that was previously lawful, but does not comply with the applicable lot requirements of the district where the lot is located, either on October 22, 1986, or as a result of any subsequent amendment to this chapter, a zoning map amendment, or government action associated with eminent domain.
Nonconforming Parking. Parking spaces and parking areas that were previously lawful, but do not conform to current parking standards, including number, dimensions, and arrangement of spaces; surface treatment; and landscaping and screening, either on October 22, 1986, or as a result of any subsequent amendment to this chapter, a zoning map amendment, or government action associated with eminent domain.
Nonconforming Structure. A structure that was previously lawful, but does not comply with the sign, density, yard, setback, or height regulations of the district, or design requirements of the special district where the lot is located, either on October 22, 1986, or as a result of any subsequent amendment to this chapter, zoning map amendment, or government action associated with eminent domain.
Nonconforming Use. Any use of a structure or a zoning lot that was previously lawful, but does not conform to the applicable use regulations of the district where the lot is located, either on October 22, 1986, or as a result of any subsequent amendment to this chapter, or a zoning map amendment.
Oahu Historic Preservation Commission. The Oahu historic preservation commission established pursuant to § 3-10.3.
Off-Site Joint Development. The development of two or more zoning lots under a single or unified density. Under off-site joint development, floor area normally attributable to a donor lot is allocated to and may be used on a receiving lot.
Office, General. Business and professional services in a private or co-working setting, including but not limited to accounting, advertising, architecture, auditing, banking, bookkeeping, consulting, design, employment, engineering, insurance, investment, landscape architecture, legal, real estate, security, or technology services. The term includes data storage centers and call centers.
Ohana Unit. An accessory attached or detached dwelling unit on a zoning lot that includes a principal dwelling unit, for persons who are related by blood, adoption, guardianship, marriage, or other duly-authorized custodial relationship to the family residing in the principal dwelling unit located on the same zoning lot.
Open Land. Land that may be improved, but contains no structures, and is set aside, designated, or reserved for public or private recreational use or enjoyment, including but not limited to picnic grounds, beaches, beach accesses, greenways, and areas for hiking, fishing, hunting, and other scenic interests.
Open Space. Any portion of a zoning lot essentially free of structures that serves the purpose of visual relief and buffering from building and structural mass. These areas may be privately or publicly owned, and may or may not be accessible to the general public. Open space includes but is not limited to parks, playgrounds, playfields, plazas, outdoor dining areas, botanical gardens, fountains, reflecting pools and other bodies of water, walkways, and nonbuildable easements. Simple structures that contribute to the enjoyment of the area may be permitted, including stages for performances, street furniture, sculpture, umbrellas, and other similar features. In determining whether an area is open space, the following shall apply:
(1) It shall be unobstructed from its lowest level to the sky, except for umbrellas, and unsupported roof eaves and roof overhangs;
(2) It shall be at finished grade unless otherwise specified in this chapter;
(3) It shall not be used for parking, loading, maneuvering of vehicles, or storage of equipment or refuse; and
(4) A required yard may be considered open space.
Owner. The recorded owner of land in fee simple.
Park. An area used for outdoor play or recreation, often containing recreational equipment such as slides, swings, climbing frames, sport courts and fields, and botanical gardens. A park may include small office spaces for managers or groundskeepers, storage structures, and barbeque pavilions. A park does not include swimming pools and gymnasiums (see community-based recreation center). The term may include both passive and active recreation. The term includes projects that promote and enhance ecosystem benefits, keep wildlife on land with preserved natural features, as well as picnic grounds, beaches, beach access, greenways, and areas for hiking, fishing, hunting, and other scenic interests. The term does not include public parks (see public facility) or community recreation centers (see community-based recreation center). See also nature-based recreation, general outdoor recreation, meeting facility.
Parking, Commercial. A facility that provides parking as a principal use on the zoning lot. See also remote parking.
Parking Lot. An open area of land other than a street, used or intended to be used to provide space for the parking of motor vehicles for private purposes or available to the public. It shall include parking spaces, loading spaces, maneuvering aisles, and other areas providing access to parking or loading spaces, but does not include an area providing four or less spaces accessory to dwelling units. The term also includes parking of vehicles for sale or rental.
Parking, Remote. The use of a zoning lot to provide parking for vehicles to support a principal use occurring on a different zoning lot. See also commercial parking.
Personal Services, General. Providing personal services. The term includes but is not limited to barbershops, beauty shops, computer repair, dance studios, martial arts studios, music studios, photographic studios or classrooms, day spas, dry cleaning drop-off, laundry cleaning and pressing, funeral homes, funeral parlors, mortuaries, undertaking establishments, hair salons, garment repair, gyms, fitness studios, pilates studios, yoga studios, gymnastic studios, cheerleading training, boxing training, climbing gyms, locksmith services, nail salons, tanning salons, tutoring and other schools, travel agencies, tattoo or body piercing, tailoring, shoe repair, watch repair, jewelry repair, eyeglass repair, hearing aid repair, and smartphone repair.
Petrochemical Plant. A facility for processing and refining petroleum, liquefied petroleum gas, or coal products.
Plant Nursery. Propagating and growing plants for offsite sale or onsite accessory sales (both wholesale and retail). The term includes floriculture operations. The term does not include retail establishments such as garden shops that sell items other than plants, such as gardening supplies, potting soil, and fertilizers (see general retail). See also crop raising, aquaculture, forestry, feed store.
Plantation Community Subdivision. Has the same meaning as defined in HRS § 205-4.5(a)(12).
Port. A facility for supporting commercial marine activity, such as cargo shipping, located on harbor fast lands. The term includes but is not limited to wharves, piers and boathouses, cargo handling systems, storage and repair of boats and ships, sale of marine supplies and fuel, cold storage facilities, power stations, hoists, launching ramps, facilities for embarking and disembarking of passengers, and other facilities necessary for the maintenance and operation of the port.
Porte Cochere. A covered access drive or walkway leading to the entrance of a building.
Poultry. Fowls, including chickens, turkeys, geese, ducks, and other birds raised for the production of meat. eggs, or feathers.
Prison. A public facility or a facility run by a State-licensed entity for the confinement, housing, and supervision of persons awaiting trial or serving terms of imprisonment for the violation of criminal law. See also public facility.
Production Studio. A facility producing movies, videos, or other similar forms of intellectual property. The term includes but is not limited to studios or other facilities used for production, distribution, editing, set construction, and special effects. The term does not include sites or facilities used temporarily for production purposes.
Public Facility. A facility providing a government function, activity, or service in accordance with public policy, for public benefit. The term does not include buildings leased by the government to a private or nonprofit organization, unless the organization is contracted to act as a public entity or execute a public program. The term includes public (federal, State, or city) administrative offices, transportation stops, libraries, satellite city halls, post offices, schools, parks, zoos, golf courses, and meeting facilities such as the Hawaii Convention Center, the Neal S. Blaisdell Center, and the Waikiki Shell. The term does not include private schools (see PreK-12 school, vocational school), private golf courses (see golf course), parks (see park), or community recreation centers (see community-based recreation center).
Public Open Space. Open space that is accessible to the public at all times, not including required yards, except where permitted. It adjoins a public street, public way, pedestrian easement, or public open space such as a park, playground, or shoreline area, for at least 20 percent of its perimeter at an elevation not more than 3 feet above the adjoining sidewalk. A minimum of 50 percent of its total area is landscaped (see Figure 21-10.5).
Publishing Facility. Printing, reproducing, or duplicating material such as newspapers, books, and magazines using a printing press, photographic reproduction, or other similar techniques.
Receiving Lot. A zoning lot that may, under off-site joint development approval, use floor area normally attributable to a donor lot.
Recreation, General Indoor. Permanent facilities for indoor recreation and enjoyment, including for entertainment and related activities, that involve activities overseen by a manager or operator. The term includes but is not limited to billiard or pool halls, bowling alleys, electronic gaming arcades, escape rooms, ice-skating or roller-skating rinks, playgrounds, or trampoline parks, sport facilities, miniature golf courses, or archery or gun ranges. The term also includes libraries or museums that do not meet the definition of a public facility. The term does not include parks (see park), government facilities (see public facility), or privately-owned clubs (see meeting facility, general eating and drinking, general marine).
Recreation, General Outdoor. Facilities for outdoor recreation and enjoyment, including for entertainment and related activities, that involve activities overseen by a manager or operator, and may include motorized activities. The term includes amusement parks, batting cages, drive-in theaters, go-cart or vehicle racetracks, golf driving ranges, miniature golf courses, outdoor sport facilities, amphitheaters, outdoor concert venues, outdoor luaus, unenclosed theaters, sport courts and fields, and water parks. The term does not include parks (see park), government facilities (see public facility), golf courses (see golf course), privately-owned clubs (see meeting facility, general eating and drinking, golf course, general marine), horseback riding tours (see nature-based recreation), recreational camping (see nature-based recreation), or nature-based recreation uses such as hiking and biking trails that do not involve artificial lighting or support structures other than sanitary facilities. See also agritourism, zoo, animal raising.
Reflective Surfaces. Any glass or other specular surface such as polished metal, specified in a manufacturer’s literature, having reflectance (designated by such terminology as average daylight reflectance, visible light reflectance, visible outdoor reflectance, and comparable terms) of over 30 percent.
Renewable Energy. Energy generated or produced using the following sources; wind; sun; falling water; biogas, including landfill and sewage-based digester gas; geothermal; ocean water, currents, and waves, including ocean thermal energy conversion; biomass, including biomass crops, agricultural and animal residues and wastes; and municipal solid waste and other solid waste, biofuels, and hydrogen produced from renewable energy sources.
Repair, General. Repair that does not require the use of tools or equipment that generate significant noise or impact to the environment and adjacent land uses, including the repair of household appliances, upholstery, bicycles, shoes, garments, clocks, and general fix-it repair. The term also includes the production and repair of prosthetic devices. See also personal service.
Repair, Heavy. The repair of industrial machinery, heavy equipment, engines and motors, vehicle repair exceeding activities permitted under the vehicle service use, blacksmithing, and furniture repair. The term also includes other repair activities not permitted under general repair or activities requiring an industrial wastewater discharge permit.
Research and Development, General. Research and development facilities, including but not limited to laboratories, supporting prototype manufacture, pilot plants used to test manufacturing processes planned for use in production elsewhere, and supporting administrative offices. The term does not include medical research and development (see medical laboratory).
Resource Extraction, General. A site or facility for the exploration, extracting, and processing of natural resources, including but not limited to natural accumulations of minerals, ores, gemstones, sand, rock, soil. gravel, or water.
Retail, General. A facility involved in the sale, lease, or rental of new or used products. The term includes but is not limited to appliance stores; art galleries; automotive stores; banks and other financial institutions; bicycle sales, rentals, and repair; bookstores; clothing stores; copy or shipping service centers; print shops; electronics stores; stores selling electronic cigarettes, vaping, and similar products; department stores; drug or pharmaceutical stores; fabric stores; florists; furniture, grocery or specialty food stores; hardware stores; liquor stores; scooter sales and rentals; musical instrument sales, rentals, and repair; eyeglass sales, pet stores, shoe stores, sporting goods stores; toy stores; and other similar retail activities.
(1) Small: Up to 2,500 square feet of total floor area.
(2) Medium: More than 2,500 square feet of total floor area, up to 25,000 square feet of total floor area.
(3) Large: More than 25,000 square feet of total floor area.
Retaining Wall. That portion of a wall that resists the lateral displacement of soil or other material up to a maximum height of 6 inches above the finished grade of the retained material.
Rooming. Providing accessory overnight living accommodations to persons other than transient occupants, for compensation, for periods of 90 consecutive days or more, in the same dwelling unit occupied by an owner or occupant of the dwelling unit. The term does not include bed and breakfast homes (see bed and breakfast home).
Salvage, Scrap, or Junk Storage and Processing. A facility for the storage, sale, dismantling. or other processing of used or waste materials that are not intended for reuse in their original forms. The term includes but is not limited to automotive wrecking yards, junkyards, and salvage yards.
Sawmill. Processing timber, including hardwood or softwood, to produce pulp, lumber, logs, poles, posts, or wood chips.
School, PreK-12. A facility educating students enrolled in pre-kindergarten through 12th grade, operated by a private institution or entity that provides educational programs using a curriculum analogous to the Hawaii public school curriculum for the same grade level, and when applicable, in compliance with the State compulsory attendance laws. The term does not include public schools (see public facility), post-secondary schools (see university, college, vocational school). See also child daycare, home-based childcare.
School, Vocational. A facility for post-secondary education with a curriculum devoted primarily to business (including barbers and beauticians), industry, trade, or other vocational-technical instruction, or a language school. The term does not include institutions of higher education that award associates, bachelors, masters, or doctorate degrees (see university, college). The term also does not include vocational training on harbor fast lands that support commercial marine activities (see major general marine). The term also does not include sports classes, tutoring, martial arts studios, dance studios, or gymnastic studios (see general personal services).
(1) Minor: Facilities that do not include the operation of industrial equipment such as floor-mounted woodworking or machine shop equipment.
(2) Major: Facilities that include the operation of industrial equipment such as floor-mounted woodworking or machine shop equipment.
Self-Storage. Providing separate storage areas, units, or lockers for personal or business use, designed to allow a tenant private access for storing or removing personal property. The term does not include the outdoor storage of fleet vehicles (see base yard) or the outdoor storage of junk, scrap metal, or old cars (see salvage, scrap, or junk storage and processing).
Shared Parking. A technique involving the joint use of parking used to reduce parking requirements in mixed- use developments or facilities. Peak parking demand times for proposed or existing uses are calculated, and a reduction of parking space requirements is justified when the peak parking demand times occur at different times of the day.
Short-Term Bicycle Parking. Bicycle parking for customers and visitors of an establishment in convenient, accessible, and visible areas.
Signs. See sign definitions in Article 7.
Slope. The incline of grade across the buildable area of a zoning lot, expressed as a percentage and calculated by the following formula:
Highest elevation point - Lowest elevation point x 100
Horizontal linear distance between highest and lowest points
Special Management Area Use Permit. A permit defined by and implemented under Chapter 25.
State Historic Preservation Officer. That officer appointed by the governor as provided in HRS § 6E-5.
State Register of Historic Places. The Hawaii register of historic places as provided for in HRS Chapter 6E.
Stockpiling. The temporary open storage of earthen materials upon any premises, except the premises for which a grading permit has been issued for the purpose of using the materials as fill material at some other premises at a future time.
Storage, Warehousing, and Distribution, General. A facility involved in the storage or movement of goods for a business or other entity. Goods are generally delivered to other entities or the final consumer with little onsite customer activity. The term includes the non-transient storage of motor vehicles not in operating condition, and temporary storage of household goods by a freight mover. See also agricultural collection and storage.
Storage Yard. The open storage of soil, mulch, stone, lumber, pipe, steel, construction materials, or similar products. The term includes but is not limited to a contractor’s storage yard. The term does not include the outdoor storage of fleet vehicles (see base yard) or the outdoor storage of junk, scrap metal, or old cars (see salvage, scrap, or junk storage and processing).
Street. Any public right-of-way for vehicle purposes or private right-of-way for vehicle purposes, that provides access to more than two zoning lots, and does not include freeways (controlled-access facilities) as defined under HRS Chapter 264-61.
Street Frontage. That portion of a zoning lot that has access rights to a street abutting the lot.
Street, Major. A street of considerable continuity that can carry a large volume of traffic and is used primarily as a route between communities and large urban areas or from one section of the city to another.
Street, Minor. A street other than a major or secondary street that provides access to abutting property and serves local traffic only.
Street, Secondary. A street that carries or collects traffic from minor streets either directly or via other secondary streets.
Street Setback Line. A future right-of-way line for a street or highway as located or dimensioned under adopted street right-of-way maps and standards.
Structure. Anything above existing grade constructed or erected with a fixed location on the ground, or requiring a fixed location on the ground, or attached to something having or requiring a fixed location on the ground. The term structure includes the term “building.”
Tandem Parking. Two or more parking spaces configured one behind the other.
Telecommunications Facility. Facilities integrated with communication towers or communication support structures that are regulated by the Federal Communications Commission, and may include transmitting panel antennas, GPS antennas, accessory satellite dish antennas, remote radio units, power cables, and similar equipment. The term includes accessory structures that may be located elsewhere on the zoning lot, including equipment cabinets, emergency generators, and fencing.
Theater. An indoor and enclosed facility primarily for the performing arts or for the viewing of motion picture films. The term includes but is not limited to performing arts centers, concert halls, luau venues, and other types of live theater.
Timeshare. The use or occupancy of a timeshare unit, as defined in HRS § 514E-1, or any successor statute.
Transient Accommodation. Living accommodations that are offered or made available to transient occupants for less than 90 consecutive days.
Transient Occupant. Any person who rents a lodging or dwelling unit, or portion thereof, for less than 90 consecutive days, and whose permanent address for legal purposes is not the lodging or dwelling unit being rented. See also transient vacation unit, bed and breakfast home, rooming, and hotel.
Transient Vacation Unit. A dwelling unit or lodging unit that is advertised, solicited, offered, or provided (or a combination of any of the foregoing) for compensation to transient occupants for less than 90 consecutive days, other than a bed and breakfast home (see bed and breakfast home), timeshare(see timeshare), or hotel (see hotel). For the purposes of this definition:
(1) Compensation includes but is not limited to monetary payment, services, or labor of transient occupants; and
(2) Month-to-month holdover tenancies resulting from the expiration of long-term leases of 90 consecutive days or more are excluded.
Transitional Setback Distance. The shortest straight-line distance between the closest portion of the structure or activity area to the edge of the applicable zoning lot line.
Truck Terminal. A facility used as an origin or destination point for the loading, unloading, assembling, or transferring of goods transported by truck.
Unbundled Parking. The cost to rent, lease, or purchase a dwelling or commercial space is separate from the cost to rent, lease, purchase, or otherwise use parking spaces.
University, College. A facility for post-secondary education operated by an institution of higher education that awards an associate, bachelor, master, or doctorate degree. See also public facility, vocational school, PreK-12 school.
Unrelated Person. One or more persons not related by blood, adoption, marriage, or other duly authorized custodial relationship.
Urban Agriculture. Crop raising, aquaculture, and related agricultural activities conducted as a principal or predominant land use outside of the P-2, agricultural, and country zoning districts. The term includes vertical farm operations located outside of the P-2, agricultural, and country zoning districts.
Use. Refers to either one of the following:
(1) Any purpose for which a structure or a tract of land is designed, arranged, intended, maintained, or occupied; or
(2) Any activity, occupation, business, or operation carried on, or intended to be carried on, in a structure or on a tract of land.
Utility, Small. Utility infrastructure that primarily provides onsite utility services to a single residential, commercial, or industrial site, or a neighborhood at a facility with no staff or crew, and has minimal impacts on surrounding areas. The term includes but is not limited to geothermal, wind, and solar energy generation with supporting storage, control, and electrical equipment; stormwater retention or detention; aeration and septic systems; drainage systems; and water supply wells and water tanks. The term also includes non-generation energy installations with minor impacts on adjacent land uses, such as 46 kilovolt or lower voltage electrical substations, vaults, distribution equipment, and accessory telecommunication antennas to support these installations, minor residential gas infrastructure, and other similar uses.
Utility, Medium. Utility infrastructure that primarily provides onsite utility services to a single commercial or industrial site, or to a neighborhood. The term includes non-generation energy installations with potential impact on adjacent land uses, by virtue of appearance, noise, size, traffic generation, or other operational characteristics, including 138 kilovolt transmission substations, and base yards. The term also includes solar energy generation facilities that are not considered small utilities; wind energy generation facilities; energy storage, control, and electrical equipment; stormwater retention or detention: private water and wastewater pump stations or lift stations; drainage systems; or private water towers.
Utility, Large. Utility infrastructure that primarily provides regional offsite services to multiple neighborhoods. The term includes energy generation facilities, supporting storage, and any generation capacity over 5 megawatts, and utility scale wind energy generation facilities with a rated capacity of 100 kilowatts or more.
Vehicle Fueling Station. Providing vehicle fueling services such as gasoline, diesel, compressed natural gas or hydrogen pumps, or electric charging stations. The term does not include electric charging stations that are accessory to a parking lot.
Vehicle Sales and Rental. A facility that sells, rents, or leases motor vehicles for use on a road, such as cars, trucks, and buses.
(1) Sales and Rental, Light: The sale, rental. or leasing of light-duty vehicles that weigh less than 10,000 pounds (gross vehicle weight).
(2) Sales and Rental, Heavy: The sale, rental, or leasing of heavy-duty vehicles that weigh 10,000 pounds or more (gross vehicle weight). The term includes sales of shipping containers and manufactured or modular homes.
Vehicle Service. The routine service and maintenance of vehicles limited to the replacement of fluids and minor parts such as brakes, tires, windows, filters, mirrors, and accessories. The term does not include body and fender repair, painting, repair, or replacement of powertrain components other than tires, or other significant work (see heavy repair).
Vending Cart. A stand-alone, portable outdoor cart on wheels used to dispense prepared food and drinks, or merchandise for retail sale. It shall be considered a retail use and structure, although not fixed to a particular location for more than 24 hours at a time, and is not fixed at any point to the ground or another structure. No more than one umbrella or canvas overhead may be directly attached to these structures. Associated food preparation activities are limited to warming and steaming, and the dispensing of condiments.
Vertical Farm. Cultivating, maintaining, and harvesting crops in indoor environments such as warehouses or tunnels in stacked layers using hydroponic, aeroponic, or aquaponic techniques. The term does not include cultivating aquatic plants or animals (see aquaculture).
Waste Disposal and Processing. A facility for disposing of and processing solid waste. The term includes but is not limited to refuse dumps, sanitary landfills, incinerators, and resource recovery plants.
Wet Bar. A serving counter in a dwelling or lodging unit that is equipped with small single compartment sink that is not a part of a kitchen, bathroom, or laundry room. A wet bar may contain a refrigerator, but may not contain any fixture, appliance, or device for heating or cooking food, or a 220-volt outlet, which is necessary for a full sized stove.
Yard. An open space required for the purpose of light and air access, bounded on at least one side by a property line, measured at right angles from the property line or the established street setback line (see “Yard, front”) and unobstructed by any structure or portion of a structure, except as specifically permitted.
Yard, Front. Any yard bounded by a street, except that a single yard may be designated as a front yard by the owner of a zoning lot containing a single-unit, two-unit, or duplex-unit dwelling bounded by more than one street in residential districts. The front yards designated must conform to district regulations for front yards. All front yards are measured at right angles to the street right-of-way or the established street setback line, whichever is the greater distance from the street centerline set by adopted street right-of-way maps and standards (see Figure 21-10.6).
Yard, Rear. A yard extending across a zoning lot at the opposite end of the lot from the front yard, except that when a zoning lot has more than one front yard, there will be no rear yards, but only front and side yards.
Yard, Side. A yard extending from the rear line of a required front yard to the lot line at the opposite end of the zoning lot, or in the absence of a clear definition of such a lot line, to the point on the lot farthest from the street side of a front yard. For lots with more than one front yard, the side yards are any yards remaining after the front yards have been established.
Zoning Lot. A lot or any portion of a lot, excluding right-of-way lots, within a single zoning district, or precinct, except as permitted under joint development.
Zoo. A facility where animals live in captivity and are put on display for the public to view. The term does not include government facilities (see public facility), uses involving the display of live animals for sale or adoption (see general retail), or displays that are accessory to principal commercial or hotel use.
Editor’s note:
* “May 10, 1999” is substituted for “before the adoption of this chapter.”