Honolulu City Zoning Code

ARTICLE 5

USE REGULATIONS

§ 21-5.10 Purpose and intent.

The purpose of this article is to identify the permissible land uses in the various zoning districts and the conditions in which they may be conducted. Development standards and uses restrictions are imposed on certain uses in order to mitigate and prevent disruptive community impacts that might otherwise result if these specially regulated uses were permitted without restriction.

(Added by Ord. 25-2)

§ 21-5.20 Use classification.

(a) Permissible uses of property.Permissible uses of land in each zoning district are identified in Table 21-5.1. Land uses that are allowed with a land use permit or special approval from the director or the council may only be conducted after obtaining all necessary permits and approvals. It is a violation of this chapter to use property in any manner prohibited by Table 21-5.1.

(b) If a land use is not identified in Table 21-5.1, the use may only be conducted as an accessory use to a lawful principal use or after obtaining the director s approval to conduct the use under subsection (c).

(c) A person wishing to conduct a land use that is not permitted in Table 21-5.1 as a principal use must submit a written application to the director that describes the proposed land use, the property on which the land use is proposed, and the reasonably foreseeable impacts of the proposed land use on the surrounding areas. The director shall review the application and may require the submission of additional information relevant to the director s decision. After reviewing the application and any additional information requested by the director, the director may:

(1) Determine that the use falls within the definition of a land use identified in Table 21-5.1 and regulate the use according to the applicable requirements; or

(2) Determine that the use is not a land use regulated under Table 21-5.1 and require a zoning variance to allow for the proposed use.

(d) Land uses that are subject to use specific development standards are identified with an asterisk (*) in Table 21-5.1. Uses subject to use specific development standards must comply with the general development standards for the underlying zoning district and the use specific standards in this article. If there is a conflict between the general development standards for the underlying zoning district and the use specific standards in this article, the more stringent requirements will apply.

(e) Notwithstanding any law to the contrary, land located in the State land use conservation district will be regulated by the State department of land and natural resources pursuant to HRS Chapter 183C.

(f) Permitted uses for properties located in the Waikiki Special District are governed by Table 21-9.6(A).

(g) In the event of any conflict between the text of this chapter and the following table, the text of this chapter shall control.

(Added by Ord. 25-2)

§ 21-5.30 Use table.

Table 21-5.1
Table of Permitted Uses

KEY:

P = Permitted Use C = Major Conditional Use Cm = Minor Conditional Use PRU = Plan Review Use

* = Standards Apply + = Special Use Permit1 Ac = Accessory Use subject to standards2

1 For Land within the State Land Use Agricultural District, pursuant to HRS Chapter 205, a special use permit approved by the Planning Commission may be required.

2 If there is more than one symbol, all symbols apply.

Uses

(Note: Certain uses are defined in Article 10)

Preservation, Agricultural, Country

Residential, Apartment

Apartment Mixed-Use, Resort

Business, Business Mixed-Use

Industrial, Industrial Commercial Mixed-Use

P-2

AG-1

AG-2

Country

R-20, R-10

R-7.5, R-5, R-3.5

A-1

A-2

A-3

AMX-1

AMX-2

AMX-3

Resort

B-1

B-2

BMX-3

BMX-4

I-1

I-2

I-3

IMX-1

Standards

AGRICULTURAL USES

Crop Production

Aquaculture

Crop raising

§ 21-5.40-1(b)

Forestry

Plant nursery

§ 21-5.40-1(c)

Urban agriculture

Cm *

§ 21-5.40-1(a)

Livestock and Poultry Keeping

Animal raising

Minor

Major

§ 21-5.40-2(a)

Agricultural Support

Agricultural collection and storage

Minor

§ 21-5.40-3(a)

Major

§ 21-5.40-3(a)

Agricultural equipment service

§ 21-5.40-3(b)

Agricultural processing

Minor

§ 21-5.40-3(c)

Major

§ 21-5.40-3(c)

Composting

Minor

§ 21-5.40-3(f)

Major

§ 21-5.40-3(f)

Feed store

P*+

§ 21-5.40-3(d)

Livestock and poultry veterinary service

P+

Sawmill

§ 21-5.40-3(e)

Accessory Agricultural

Agricultural energy facility

Cm*

§ 21-5.40-4(a)

Agricultural farmers market

Cm*

§ 21-5.40-4(f)

Agritourism

Cm*

§ 21-5.40-4(b)

Farm dwelling

AC*

§ 21-5.40-4(c)

Farm stand

AC*

§ 21-5.40-4(d)

Farm worker housing

Cm*

§ 21-5.40-4(e)

Uses

(Note: Certain uses are defined in Article 10)

Preservation, Agricultural, Country

Residential, Apartment

Apartment Mixed-Use, Resort

Business, Business Mixed-Use

Industrial, Industrial Commercial Mixed-Use

P-2

AG-1

AG-2

Country

R-20, R-10

R-7.5, R-5, R-3.5

A-1

A-2

A-3

AMX-1

AMX-2

AMX-3

Resort

B-1

B-2

BMX-3

BMX-4

I-1

I-2

I-3

IMX-1

Standards

RESIDENTIAL USES

Household living

Single-unit dwelling

Duplex-unit dwelling

§ 21-5.50-1(a)

Two-unit dwelling

§ 21-5.50-1(b)

Multi-unit dwelling

§ 21-5.50-1(c)

Group Living

Small - State regulated

C*+

§ 21-5.50-2(a)

Small - not State regulated

C*+

Cm*

§ 21-5.50-2(b)

Large

Cm*

§ 21-5.50-2(c)

Accessory Residential

Accessory dwelling unit

AC*

Ac*

§ 21-5.50-3(a)

Caretaker unit

AC*

AC*+

AC*

§ 21-5.50-3(e)

Home occupation

AC*+

AC*

Ac*

AC*

§ 21-5.50-3(b)

Ohana unit

AC*+

AC*

Ac*

§ 21-5.50-3(c)

Rooming

AC*

Ac*

AC*

§ 21-5.50-3(d)

PUBLIC, CIVIC, AND INSTITUTIONAL USES

Assembly

Meeting facility

Small

Cm*+

Cm*

§ 21-5.60-1(a)

Medium

C*+

§ 21-5.60-1(a)

Large

PRU

§ 21-5.60-1(a)

Community-based recreation center

Cm*

C m

Cm*

§ 21-5.60-1(b)

Communication

Broadcasting antenna

Cm*

§ 21-5.60-2(e)

Uses

(Note: Certain uses are defined in Article 10)

Preservation, Agricultural, Country

Residential, Apartment

Apartment Mixed-Use, Resort

Business, Business Mixed-Use

Industrial, Industrial Commercial Mixed-Use

P-2

AG-1

AG-2

Country

R-20, R-10

R-7.5, R-5, R-3.5

A-1

A-2

A-3

AMX-1

AMX-2

AMX-3

Resort

B-1

B-2

BMX-3

BMX-4

I-1

I-2

I-3

IMX-1

Standards

PUBLIC, CIVIC, AND INSTITUTIONAL USES

Communication support structure

Cm*

§ 21-5.60-2(c)

Communication tower

Cm*

§ 21-5.60-2(b)

Dish antenna

Cm*

§ 21-5.60-2(a)

Education

School, PreK-12

C*+

Cm*

§ 21-5.60-3(a)

School vocational

Minor

§ 21-5.60-3(b)

Major

§ 21-5.60-3(b)

University, college

PRU

PRU+

PRU

Government

Consulate

§ 21-5.60-4(a)

Prison

PRU

PRU+

PRU

Public facility

P+

Parks and Open Space

Cemetery

P*
PRU*

PRU*+

§ 21-5.60-5(a)

Park

§ 21-5.60-5(b)

Utility

Small

§ 21-5.60-6(a)

Medium

Cm*

§ 21-5.60-6(b)

Large

§ 21-5.60-6(c)

Accessory Public, Civic, and Institutional

Accessory receive only antenna

AC*

Ac*

AC*

§ 21-5.60-2(d)

Uses

(Note: Certain uses are defined in Article 10)

Preservation, Agricultural, Country

Residential, Apartment

Apartment Mixed-Use, Resort

Business, Business Mixed-Use

Industrial, Industrial Commercial Mixed-Use

P-2

AG-1

AG-2

Country

R-20, R-10

R-7.5, R-5, R-3.5

A-1

A-2

A-3

AMX-1

AMX-2

AMX-3

Resort

B-1

B-2

BMX-3

BMX-4

I-1

I-2

I-3

IMX-1

Standards

COMMERCIAL USES

Daycare

Child daycare

C*+

Cm*

§ 21-5.70-1(a)

Adult daycare

C*+

Cm*

§ 21-5.70-1(b)

Eating and Drinking

General eating and drinking

§ 21-5.70-2(a)

Bar, nightclub

Minor

§ 21-5.70-2(a)

Major

§ 21-5.70-2(b)

Lodging

Bed and breakfast home

§ 21-5.70-3(a)

Hotel

§ 21-5.70-3(b)

Timeshare

Cm*

§ 21-5.70-3(c)

Transient vacation unit

§ 21-5.70-3(a)

Medical

General medical services

§ 21-5.70-4(a)

Hospital

PRU

PRU+

PRU

§ 21-5.70-4(b)

Medical laboratory

Office

General office

§ 21-5.70-5(a)

Parking

Commercial parking

§ 21-5.70-6(b)

Remote parking

Cm*

21-5.70-6(a)

Personal Services

General personal services

§ 21-5.70-7(a)

Animal care

Minor

§ 21-5.70-7(b)

Major

P*+

§ 21-5.70-7(b)

Recreation, Indoor

General indoor recreation

Theater

Recreation, Outdoor

General outdoor recreation

Golf course

PRU

§ 21-5.70-8(a)

Natural-based recreation

Cm*
C*

§ 21-5.70-8(c)

Zoo

PRU

PRU+

§ 21-5.70-8(b)

Retail

General retail

Small

§ 21-5.70-9(a)

Medium

§ 21-5.70-9(a)

Large

§ 21-5.70-9(a)

Mobile commercial establishment

§ 21-5.70-9(b)

Vehicle-Related

Car wash

§ 21-5.70-10(a)

Vehicle fueling station

Vehicle sales and rental

Light

Heavy

Accessory Commercial

Drive-thru

AC*

§ 21-5.70-11(a)

Uses

(Note: Certain uses are defined in Article 10)

Preservation, Agricultural, Country

Residential, Apartment

Apartment Mixed-Use, Resort

Business, Business Mixed-Use

Industrial, Industrial Commercial Mixed-Use

P-2

AG-1

AG-2

Country

R-20, R-10

R-7.5, R-5, R-3.5

A-1

A-2

A-3

AMX-1

AMX-2

AMX-3

Resort

B-1

B-2

BMX-3

BMX-4

I-1

I-2

I-3

IMX-1

Standards

INDUSTRIAL USES

Manufacturing and Processing

General manufacturing and processing

Light

§ 21-5.80-1(a)

Heavy

§ 21-5.80-1(a)

Biofuel processing facility

Cm*

§ 21-5.80-1(b)

Brewery, distillery, winery

Minor

Major

Explosive or toxic chemical manufacturing, storage, and distribution

§ 21-5.80-1(c)

Food manufacturing and processing

§ 21-5.80-1(d)

Linen supplier

Petrochemical plan

Cm*

§ 21-5.80-1(e)

Production studio

Publishing facility

Marine

General marine

Minor

Cm*

§ 21-5.80-2(a)

Major

Port

Repair

General repair

Heavy repair

§ 21-5.80-3(a)

Vehicle repair

§ 21-5.80-3(b)

Research and Development

General research and development

Resource Extraction

General resource extraction

§ 21-5.80-4(a)

Storage and Warehousing

General storage, warehousing, and distribution

Self-storage

§ 21-5.80-5(a)

Storage yard

§ 21-5.80-5(b)

Transportation

Airport

PRU

PRU+

PRU

§ 21-5.80-6(a)

Base yard

§ 21-5.80-6(b)

Heliport

§ 21-5.80-6(c)

Multimodal facility

Cm*

§ 21-5.80-6(d)

Truck terminal

Waste-Related

Salvage, scrap, or junk storage and processing

Cm*

§ 21-5.80-7(a)

Waste disposal and processing

C*+

Cm*

§ 21-5.80-7(b)

Accessory Industrial

Helistop

C*+

AC*

§ 21-5.80-8(a)

MISCELLANEOUS

Historic structure reuse

Cm*

§ 21-5.90-1

Joint development

Cm*

§ 21-5.90-2

(Added by Ord. 25-2)

§ 21-5.40 Agricultural uses.

The following sections contain standards for the agricultural use categories.

(Added by Ord. 25-2)

§ 21-5.40-1 Crop production.

Uses in the crop production category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Urban agriculture standards.

(1) The keeping and raising of livestock, poultry, and insects is prohibited.

(2) Pedestrian walkways for customers must be provided on all-weather surfaces.

(b) Crop raising standard.Vertical farms are not permitted in the P-2 zoning district.

(1) Retail sales are limited to plants sold directly from the greenhouse or open field where the plant was grown or cultivated, and only sales of the plant in its primary form are allowed.

(2) The sale of secondary products such as jams, juices, and baked goods is prohibited.

(3) Separate structures used primarily for retail sales are prohibited.

(Added by Ord. 25-2)

§ 21-5.40-2 Livestock and poultry keeping.

Uses in the livestock and poultry keeping category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Animal raising, major standards.Feedlots, poultry, or swine enclosures must be set back a minimum of 300 feet from the property line of any adjoining property within the residential, apartment, or apartment mixed-use zoning districts.

(Added by Ord. 25-2)

§ 21-5.40-3 Agricultural support.

Uses in the agricultural support category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Agricultural collection and storage.

(1) Minor:The building area of all agricultural support facilities must not exceed 25 percent of the zoning lot area.

(2) Major:

(A) All structures and activities must be set back a minimum of 100 feet from the property line of any adjoining property within the residential, apartment, or apartment mixed-use zoning districts;

(B) The building area of all agricultural support facilities must not exceed 25 percent of the zoning lot area; and

(C) In the AG-1, AG-2, and I-1 zoning districts, if the facility is within 300 feet of a zoning lot in the residential, apartment, or apartment mixed-use zoning district, pickup or drop-off of equipment between the hours of 10:00 p.m. and 7:00 a.m. is prohibited.

(b) Agricultural equipment service standards.

(1) All structures and activities must be set back a minimum of 300 feet from the property line of any adjoining property within the residential, apartment, or apartment mixed-use zoning districts.

(2) In the AG-1 and AG-2 zoning districts, the building area of all agricultural support facilities must not exceed 25 percent of the lot area.

(1) Minor:All structures and activities must be set back a minimum of 50 feet from the property line of any adjoining property within the country, residential, apartment, apartment mixed-use, or resort zoning districts.

(2) Major:All structures and activities must be set back a minimum of 1,500 feet from the property line of any adjoining property within the country, residential, apartment, apartment mixed-use, or resort zoning district, unless the director determines that potential impacts will be adequately mitigated by the manner of operations and natural conditions, such as prevailing winds and terrain. Where impacts are deemed adequately mitigated by the director, the minimum distance between a property used for agricultural processing and a property located in the country, residential, apartment, or apartment mixed-use (but not the resort) zoning district may be reduced to no less than 500 feet.

(d) Feed store standards.

(1) Only products that are clearly incidental to agricultural activities may be sold or stored.

(2) The building area of all agricultural support facilities must not exceed 25 percent of the zoning lot area.

(3) All structures and activities must be set back a minimum of 100 feet from the property line of any adjoining property within the residential, apartment, or apartment mixed-use zoning districts.

(e) Sawmill standards.All structures and activities must be set back a minimum of 500 feet from the property line of any adjoining property within the residential, apartment, or apartment mixed-use zoning districts.

(f) Minor and major composting standards.

(1) Minor.

(A) Materials storage and composting activities must be located at least 50 feet away from all surface water, streams, and wetlands.

(B) Controls to manage odors, vectors, surface contamination, and groundwater contamination are required. Odors from composting materials and activities may not be detectable from abutting properties or public areas, including streets and sidewalks.

(C) Compost material must be securely stored; compost materials may not be allowed to leave the property as a result of wind, vehicular tracking, runoff, or other similar influences.

(D) The director may require the implementation of mitigation measures to reduce impacts related to composting activities, including requirements for visual screening, odor control, and pest control. The failure to comply with mitigation measures required by the director under this subdivision will be a violation of this chapter.

(2) Major.

(A) All incoming and outgoing loads must be covered and managed to prevent material from falling onto the ground and to mitigate odors while in transport.

(B) Onsite areas where composting takes place must be located at least 50 feet away from all surface water, streams, or wetlands.

(D) Compost material must be covered in such a way that no material will leave or stray from the site.

(E) Major composting may not occur on a zoning lot located within 1,500 feet of property within the country, residential, apartment, apartment mixed-use, or resort zoning district, unless the director determines that potential impacts will be adequately mitigated by the manner of operations and natural conditions, such as prevailing winds and terrain. Where impacts are deemed adequately mitigated by the director, the minimum distance between a property used for major composting and a property located in the country, residential, apartment, or apartment mixed-use (but not the resort) zoning district may be reduced to no less than 500 feet.

(Added by Ord. 25-2)

§ 21-5.40-4 Accessory agricultural.

Uses in the accessory agricultural category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Agricultural energy facility standards.

(1) No more than 10 percent of the portion of the zoning lot or zoning lots used for crop production or livestock and poultry keeping may be used for the agricultural energy facility, consistent with the regulation of permissible uses within agricultural districts pursuant to HRS § 205-4.5(a)(17).

(2) Structures associated with the agricultural energy facility must be set back a minimum of 300 feet from the property line of any adjoining property within the residential, apartment, or apartment mixed-use zoning district.

(b) Agritourism minor and major standards.

(1) Activities and improvements on the zoning lot may not diminish the long-term agricultural potential of the zoning lot. Improvements on the zoning lot used for agritourism must be capable of removal without unreasonable cost or effort.

(2) Structures primarily dedicated to agritourism must not exceed 10 percent of the total zoning lot area.

(3) Buildings and structures associated with agritourism that are not required as part of crop production or livestock and poultry keeping on the zoning lot are limited to 10,000 square feet of total floor area.

(4) A minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the agritourism use is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping.

(5) Accessory destination events, including weddings, are subject to the following:

(A) Events must take place at a designated event space; and

(B) Predominantly open-air physical improvements associated with destination events, such as a roofed pavilion, are allowed; provided that the total floor area must not exceed 1,000 square feet.

(6) Bus, jeep, or off-road vehicle tours using motorized vehicles, including an all-terrain vehicle (ATV), quad, four-wheeler, off highway motorcycle, or any other all-terrain or four-wheel drive vehicle, may only be conducted on a currently operational farm or ranch engaged in crop production or livestock and poultry keeping, and require a minor conditional use approval subject to the following standards:

(A) Tours must have an educational purpose related to the agricultural use of the property; and

(B) Tours may not interfere with surrounding farm or ranch operations.

(1) Each farm dwelling (including eaves, overhangs, carports, garages, trellised areas, stairways, decks, storage sheds that are not used in connection with agricultural activities, and swimming pools) must be contained within an area not to exceed 5,000 square feet, confined to a polygon for which no exterior angle is greater than 180 degrees.

(2) In the AG-1 zoning district, the number of farm dwellings must not exceed one for every 5 acres of zoning lot area; provided that a maximum of two farm dwellings are permitted on a zoning lot unless approved by the director through an agricultural site development plan or agricultural cluster permit.

(3) In the AG-2 zoning district, the number of farm dwellings must not exceed one for every 2 acres of zoning lot area; provided that a maximum of two farm dwellings are permitted on a zoning lot unless approved by the director through an agricultural site development plan or agricultural cluster permit.

(4) A minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production and livestock and poultry keeping, and valid agricultural dedication status must be maintained for as long as the farm dwelling use continues, as evidenced by:

(A) A farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping; or

(B) Agricultural dedication documents used to obtain a Honolulu real property tax exemption.

(d) Farm stand standards.

(1) One farm stand for the growers and producers of agricultural products is allowed per zoning lot. More than one grower or producer is allowed at a farm stand.

(2) Enclosed floor area for the farm stand must not exceed 500 square feet. Additional unenclosed floor area may be roofed, but must otherwise be open to the elements.

(3) The farm stand must be located on private property and not on any public right-of-way.

(4) Hours of operation are limited to between 6:00 a.m. and 8:00 p.m.

(e) Farm worker housing standards.

(1) All structures and facilities associated with farm worker housing:

(A) Must occupy a contiguous total land area limited to 50 acres;

(B) The building area must not exceed 50 percent of the land area associated with the farm worker housing; and

(2) The farm worker housing plans must be supported by agricultural plans. The amount of labor necessary to farm the land must justify the number of dwelling units proposed, and the dwelling units must be dedicated to farm worker housing.

(3) Farm worker housing may be composed of multiple detached dwelling units or attached dwelling units, or may consist of multi-unit dwellings; provided that no more than one employee and the employee s family live in each dwelling unit, or up to three unrelated employees may share one dwelling unit. The employee who occupies a dwelling unit in farm worker housing must be an agricultural worker.

(4) Each dwelling unit must not exceed 800 square feet of floor area.

(5) No more than eight dwelling units are allowed in any multi-unit dwelling.

(6) The landowner may not plan or develop a residential subdivision on the agricultural land, except in accordance with the plantation community subdivision regulations in HRS § 205-4.5(a)(12) (relating to permissible uses within the agricultural districts).

(7) When the associated farm is no longer in active production or no longer employing farm workers, no workers may be housed on the zoning lot. An exception is allowed to house one caretaker and the caretaker s immediate family.

(f) Agricultural farmers market standards.

(1) Hours of operation are limited to between 6:00 a.m. and 8:00 p.m.

(2) A minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the agricultural farmers market is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping.

(Added by Ord. 25-2)

§ 21-5.50 Residential uses.

The following sections contain standards for the residential use categories.

(Added by Ord. 25-2)

§ 21-5.50-1 Household living.

Uses in the household living category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Duplex-unit dwelling standards. Each duplex-unit dwelling must be attached by a boundary wall for a minimum of 15 feet or 50 percent of the longer dwelling unit, excluding carports or garages, whichever length is greater (see Figure 21-10.3).

(b) Two-unit dwelling standards.

(1) Each two-unit dwelling must be surrounded by a yard.

(2) Dwelling units may be:

(A) On separate floors; or

(B) Attached by a solid wall a minimum of 15 feet in length, or attached by a carport or garage (see Figure 21-10.3).

(3) Dwelling units may not be connected solely by a covered open area, exterior hallway, or breezeway.

(1) In the B-1 and B-2 zoning districts, multi-unit dwellings are permitted; provided that the following requirements are satisfied:

(A) All residential uses and occupancies must be located on consecutive floors that are located above all nonresidential uses and occupancies in the multi-family dwelling. A residential lobby of up to 1,500 square feet of floor area and other necessary points of ingress or egress may be located on the ground floor. A building must have at least one nonresidential use; or

(B) The multi-unit dwelling satisfies the following requirements:

(i) For multi-unit dwellings located on zoning lots of 3 acres or less, a minimum nonresidential floor area ratio of 0.2 must be developed on the lot;

(ii) For multi-unit dwellings located on zoning lots larger than 3 acres, but smaller than 7 acres, a minimum of 10,000 square feet or a floor area ratio of 0.05, whichever is greater, of nonresidential floor area must be developed on the lot; or

(iii) For multi-unit dwellings located on zoning lots larger than 7 acres, a minimum of 40,000 square feet or a floor area ratio of 0.05, whichever is greater, of nonresidential floor area must be developed on the lot.

(C) For purposes of this subdivision, nonresidential uses must be fully enclosed within a building and do not include areas used for parking.

(Added by Ord. 25-2)

§ 21-5.50-2 Group living.

Uses in the group living category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Group living, small, State regulated standards.

(1) Must be licensed, certified, registered, or monitored by the State.

(2) In the AG-2 zoning district, group living activities must be of an agricultural nature. A minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the small group living that is State regulated is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping.

(3) If a zoning lot is developed with a principal dwelling unit and an accessory dwelling unit or an ohana unit, and each of the dwelling units is being used as a small group living that is state regulated, if the aggregate number of residents in both dwelling units exceed eight, the group living will be considered a large group living.

(b) Group living, small, not State regulated standards.

(1) In the AG-2 zoning district, group living activities must be of an agricultural nature. A minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the small group living that is not State regulated is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping.

(2) Within the country, residential, and A-1 zoning districts, except for multifamily dwellings located in the A-1 zoning district that provide housing for students or staff of an educational institution with a total enrollment of 10,000 or more students and are within a one-half-mile radius of the educational institution, unless directly related to public health and safety, small group living that is not State regulated may not be located within 1,000 feet of the next closest group living.

(3) If a zoning lot that is developed with a principal dwelling unit and an accessory dwelling unit or an ohana unit, and each of the dwelling units is being used as a small group living that is not state regulated, if the aggregate number of residents in both dwelling units exceed eight, the group living will be considered a large group living.

(1) Access roads must comply with the standards established by Chapter 22; provided that the director may waive or modify these requirements if, after consulting with the appropriate State or city agencies, the director determines that substandard roads or driveways provide reasonably safe access to the large group living.

(2) Minimum parking requirements will be determined by the director based on the number of residents and the nature of the proposed use.

(3) For special needs housing for the elderly, as defined in § 21-10.1, that are located in the apartment, apartment mixed-use, and business mixed-use zoning districts, the underlying zoning district standards may be modified under a conditional use permit as follows:

(A) Density may be increased by a maximum of 25 percent of the maximum density permitted in the underlying zoning district;

(B) Height may be increased by a maximum of 25 percent of the maximum height permitted in the underlying zoning district, or 30 feet, whichever is less; and

(C) Off-street parking requirements may be reduced; provided that a minimum of one parking space per four dwelling or lodging units and a minimum of one guest parking space per 10 dwelling or lodging units is required.

(4) The director may modify or waive the large group living standards in this subsection and other applicable requirements as necessary to comply with the federal Fair Housing Act or other laws with similar preemptive effect.

(5) Within the country, residential, and A-1 zoning districts, except for multifamily dwellings located in the A-1 zoning district that provide housing for students or staff of an educational institution with a total enrollment of 10,000 or more students and are within a one-half-mile radius of the educational institution, unless directly related to public health and safety, large group living may not be located within 1,000 feet of the next closest group living.

(Added by Ord. 25-2)

§ 21-5.50-3 Accessory residential.

Uses in the accessory residential category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Accessory dwelling unit standards.

(1) General.

(A) Accessory dwelling units are not permitted:

(i) On zoning lots in planned development housing or cluster housing; or

(ii) On zoning lots that are landlocked.

(B) The total floor area of an accessory dwelling unit must not exceed:

(i) 500 square feet for zoning lots up to 4,999 square feet in area; or

(ii) 1,000 square feet for zoning lots 5,000 square feet or more in area.

(C) The construction or conversion of an accessory dwelling unit must meet all development standards for the principal use in the underlying zoning district.

(D) An accessory dwelling unit may be created by:

(i) Building a new structure (attached to, such as a two-unit dwelling, or detached from the principal dwelling unit but located on the same zoning lot); or

(ii) Converting a legally established structure (attached to, such as a two-unit dwelling, or detached from the principal dwelling unit but located on the same zoning lot), attic, or basement.

(E) Only one accessory dwelling unit is permitted on a zoning lot (including a zoning lot with existing multiple dwelling units); provided that an ohana unit that is otherwise permitted on a zoning lot is not considered to be an accessory dwelling unit for purposes of limiting the number of accessory dwelling units to one per zoning lot.

(F) See § 21-6.30(b) for adjustments and exemptions to parking requirements for an accessory dwelling unit.

(G) Accessory dwelling units are only permitted where there is sufficient infrastructure, including but not limited to wastewater treatment and disposal and water supply, as well as adequate roadways and first-responder resources to accommodate the accessory dwelling unit.

(2) Conditions of approval.

(A) Covenant for accessory dwelling units.The owners of the zoning lot shall record covenants running with the land with the State bureau of conveyances or the land court of the State of Hawaii, or both, as appropriate. The covenant must be recorded in a form approved by the director and may contain such terms as the director deems necessary to ensure its enforceability. The failure of an owner or of an owner s heirs, successors, or assigns to abide by such covenant will be deemed a violation of this chapter and will be grounds for enforcement by the director pursuant to § 21-2.150. At a minimum, the covenant must state:

(i) The accessory dwelling unit may only be used for long-term residential occupancy and may not be used as a bed and breakfast home or transient vacation unit;

(ii) The deed restrictions lapse upon removal of the accessory dwelling unit;

(iii) All of the covenants are binding upon any and all heirs, successors, and assigns of the owners; and

(iv) Neither the owners nor the heirs, successors, or assigns of the owners may submit the zoning lot or any portion thereof to a condominium property regime under the State of Hawaii Condominium Property Act to separate the ownership of an accessory dwelling unit from the ownership of its principal dwelling unit.

(B) Removal. The owners of an accessory dwelling unit shall notify the department upon removal of the accessory dwelling unit.

(b) Home occupation standards.

(1) General.

(A) The home occupation must be clearly incidental and subordinate to the use of the dwelling unit and zoning lot for residential living.

(B) The home occupation use may not significantly change the exterior appearance of the dwelling unit, zoning lot, or the surrounding neighborhood. Onsite signage or advertisements for the home occupation is prohibited.

(D) The indoor storage of materials or supplies must not exceed 250 cubic feet or 20 percent of the total floor area of the dwelling unit, whichever is greater.

(E) Noises and obnoxious odors associated with the home occupation must not be detectable from abutting streets or sidewalks. The director may order the mitigation of noise and odor impacts, or the cessation of a home occupation if noise and odor impacts are not able to adequately mitigated.

(F) The home occupation use may not create unreasonable risks of harm to persons or property or cause significant adverse impacts to local traffic or parking.

(G) In the B-1 and B-2 zoning districts, a home occupation use is permitted in a dwelling unit within a multi-unit dwelling.

(2) Limitations on home occupations:

(A) Commercial beekeeping may be a home occupation, subject to the standards of this subsection and the animal nuisance provisions in § 12-2.5(b).

(B) Items sold on the property are limited to items produced by the home occupation.

(3) Prohibited home occupations:Activities that are prohibited as a home occupation use include but are not limited to:

(A) Vehicle repair and painting that does not include the repair or painting of up to five vehicles owned by a household member per year;

(B) Uses and activities that are only permitted in the industrial zoning districts;

(D) Storage yards, base yards, and stockpiling;

(E) Sale of guns and ammunition;

(F) Use of dwellings or zoning lots as a headquarters for the assembly of employees for instructions or other purposes, or to be dispatched for work to other locations;

(G) Metal fabricating and cutting using welding or cutting torches, or other uses that involve the excessive or continuous use of loud tools;

(H) Commercial events and special events that involve the renting, for compensation, of any portion of the zoning lot for use by guests or invitees; and

(I) Animal care, treatment, boarding, or veterinary services. The occasional boarding and the occasional grooming of animals is permitted, so long as it involves no more than three animals that are not household pets on the property at any given time.

(4) Employees:

(A) In addition to the household member engaging in the home occupation, one employee of the home occupation who is not a household member may be on the property at any given time.

(B) For home-based childcare, in addition to the one non-household member employee of the home occupation who is allowed on the property at any given time under paragraph (A), if an emergency renders unavailable the principal caregiver who is a household member, an additional employee who is not a household member may be on the property on a temporary basis to substitute for the principal caregiver.

(5) Parking. See § 21-6.30(d) for adjustments and exemptions to parking requirements for home occupation.

(1) General.

(A) The construction or conversion of an ohana unit must meet all development standards and requirements in the underlying zoning district for the principal dwelling unit and the ohana unit.

(B) An ohana unit may be created by:

(i) Building a new structure (attached to, such as a two-unit dwelling, or detached from the principal dwelling unit) on the same zoning lot; or

(ii) Converting a legally established structure (attached to, such as a two-unit dwelling, or detached from the principal dwelling unit), attic, or basement.

(C) An ohana unit may be permitted as accessory to a principal dwelling unit on a zoning lot that already includes one accessory dwelling unit; provided that all development standards and requirements in the underlying zoning district for the principal dwelling unit, the accessory dwelling unit, and the ohana unit are satisfied.

(2) Occupants.The ohana unit must be occupied by persons who are related by blood, adoption, guardianship, marriage, or other duly-authorized custodial relationship to the family residing in the principal dwelling unit; provided that ohana units for which a building permit was obtained prior to September 10, 1992, are not subject to this subsection and their occupancy by persons other than persons who are related to the family residing in the principal dwelling unit is permitted.

(3) Covenant for ohana unit.The owners of the zoning lot on which an ohana unit is located shall record covenants running with the land with the State bureau of conveyances or the land court of the State of Hawaii, or both, as appropriate. The covenant must be recorded on a form approved by or provided by the director and may contain such terms as the director deems necessary to ensure its enforceability. The failure of an owner or of an owner s heir, successor, or assign, to abide by the recorded covenants will be deemed a violation of this chapter and will be grounds for enforcement by the director pursuant to § 21-2.150. At a minimum, the covenant must state:

(A) The deed restrictions lapse upon removal of the ohana unit;

(B) All of the covenants are binding upon any and all heirs, successors, and assigns of the owners; and

(C) Neither the owner or owners, nor the heirs, successors, or assigns of the owner or owners may submit the zoning lot or any portion thereof to a condominium property regime under the State of Hawaii Condominium Property Act to separate the ownership of an ohana unit from the ownership of its principal dwelling unit.

(4) Zoning lot limitations.Ohana units are not permitted on zoning lots that are:

(A) Within a zero lot line project;

(B) Within a cluster housing project;

(D) Within a country cluster project;

(E) Within a planned development housing project; or

(F) Within a duplex-unit project.

(5) Ohana units are only permitted where there is sufficient infrastructure, including but not limited to waste water treatment and disposal and water supply, as well as roadways and first-responder resources to accommodate ohana units.

(6) See § 21-6.30(m) for adjustments and exemptions to parking requirements for ohana unit.

(d) Rooming standards.

(1) No more than three roomers may reside in a dwelling unit (in addition to the members of a related household occupying the dwelling unit); provided that the dwelling may not be used as group living.

(2) Overnight accommodations provided for compensation must be for periods of 90 consecutive days or more in the same dwelling unit as that occupied by an owner, lessee, operator, or proprietor.

(e) Caretaker unit standards.

(1) In the P-2, AG-1, and AG-2 zoning districts, one caretaker unit per zoning lot is allowed only as a secondary supplemental use for cemeteries and Hawaiian fishponds, and the maximum total floor area for a caretaker unit is 1,000 square feet.

(2) Except in the P-2, AG-1, and AG-2 zoning districts, one accessory caretaker dwelling is permitted for each principal use; provided that:

(A) No more than four caretaker units are allowed per zoning lot;

(B) The accessory caretaker dwelling must be located in an area that does not interrupt or interfere with the principal use; and

(C) In the business, business mixed-use, industrial, and industrial mixed-use zoning districts, the caretaker dwelling must be above or behind the principal use.

(Added by Ord. 25-2)

§ 21-5.60 Public, civic, and institutional uses.

The following sections contain standards for the public, civic, and institutional use categories.

(Added by Ord. 25-2)

§ 21-5.60-1 Assembly.

Uses in the assembly category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Meeting facility, small, medium, or large standards.

(1) Adequate ingress and egress must be provided with access to a street or right-of-way of a minimum width and sufficient street frontage as determined by the appropriate government agencies.

(2) Kitchens are allowed as accessory to the meeting facility, but may not be used to support onsite or offsite commercial activities.

(3) In the AG-2 zoning district:

(A) A minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the meeting facility is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping.

(B) The maximum capacity for a meeting facility is 500 individuals.

(4) In the country, residential, and apartment zoning districts, noise and odors from the meeting facility use must not be detectable from public streets or sidewalks between the hours of 10:00 p.m. to 7:00 a.m.

(5) In the I-1 zoning district:

(A) A meeting facility may not be located within 1,000 feet of another meeting facility, whether the other meeting facility is a permitted use or a nonconforming use.

(B) The owner or operator of the meeting facility shall file with the department and record with the State bureau of conveyances or the land court of the State of Hawaii, or both, as appropriate, a declaration in a form acceptable to the department, stating that the owner or operator acknowledges that:

(i) Structures formerly in industrial use may require upgrades to comply with various government regulations governing use of a structure as a meeting facility. These regulations include but are not limited to building, electrical, plumbing, fire, and occupancy code requirements; and

(ii) Adjacent and neighboring zoning lots may, by right, include potentially annoying or toxic industrial uses at any time, including after the meeting facility use has commenced.

The declaration must also include provisions that preclude the meeting facility and its representatives from filing nuisance complaints against any industrial use operating in compliance with applicable laws.

(C) No accessory uses are permitted unless otherwise permitted as an accessory use; provided that this paragraph does not prohibit the following accessory uses to a religious facility such as a church, temple, or synagogue:

(i) A school for the vocational training of adults for the priesthood, ministry, or rabbinate; or

(ii) Classes on religious subjects.

(D) A parking area and landscaping plan demonstrating compliance with the minimum requirements of this chapter for off-street parking, loading, and landscaping and screening must be submitted to the director for review, and must be approved by the director prior to any use of the meeting facility.

(b) Community-based recreation center standards.

(1) In the P-2 zoning district, community-based recreation centers are only permitted if the community-based recreation center is being used to satisfy park dedication requirements, or is a part of a master planned community.

(2) In the residential and apartment zoning districts, if the community-based recreation center is not being used to satisfy park dedication requirements, or is not part of a master planned community, a minor conditional use permit is required.

(Added by Ord. 25-2)

§ 21-5.60-2 Communication.

Uses in the communication category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Dish antenna standards. All dish antennas must be located or screened to minimize visual impacts, especially from public rights-of-way or public places.

(b) Communication tower standards.

(1) Communication towers must be set back from all property lines a minimum of 1 foot for every 5 feet of height.

(2) Communication towers must be enclosed by fencing a minimum of 6 feet in height, and towers must be equipped with an anti-climbing device.

(3) All communication towers in the residential zoning districts must use monotree (designed to blend in with surrounding trees) or other stealth design to minimize visual impacts.

(4) In the industrial zoning districts, the communication tower must be set back a minimum of 100 feet from the property line of any adjoining zoning lot in the residential, apartment, or apartment mixed-use zoning districts.

(5) Communication towers that qualify as eligible facility requests under 47 U.S.C. § 1455(a) and 47 C.F.R § 1.6100, as may be amended or superseded, do not require any additional land use permits or approvals under this chapter; provided that the communication tower complies with all conditions of the initial land use permit or approval.

(1) At-grade equipment must be screened by a solid wall or fence, or by a landscape hedge of sufficient height and width to screen the equipment.

(2) Antennas must be concealed within the communication support structure or designed to minimize visual impacts through architecture, landscaping, or other site solutions. Antennas are not considered to be concealed or designed to minimize visual impacts if the antenna extends above the top of the communication support structure or above the top of screening walls or features. Acceptable concealment may be accomplished through the use of one or more of the following design features:

(A) Antennas integrated into the architectural features of a structure, or placed in alignment with elements of the structure, such as corners or columns;

(B) Antennas hidden behind screening walls or features, where the screening walls or features are colored to match or otherwise blend in with the existing structure;

(C) Antennas mounted on screening walls or features that do not extend above the screening walls or features, where the antennas and visible mounting supports are colored to match the existing structure; or

(D) Antennas set back from the edge of the structure to minimize visual impacts from the ground level at the closest public right-of-way or public place.

(3) If satisfying the concealment and integration requirements in subdivision (2) results in the antenna not being able to provide the service it was designed to provide in the desired coverage area, the director may allow for flexibility from the strict application of these requirements if the applicant demonstrates that:

(A) The communication support structure is not structurally capable of supporting the design under applicable codes;

(B) The location of the antenna interferes with the existing use of the communication support structure, such as having to locate antennas on balconies or decks; or

(i) Inability of the antenna to transmit radio frequencies through paint or screening walls or features;

(ii) To transmit properly, the antenna is required to be located close to or at the edge of the roof; or

(iii) Paint or screening walls or features compromise antenna functionality, such as overheating;

provided that the director shall first determine that there are no feasible alternatives to minimize the visual impacts of the antenna, including possible relocation of the antenna.

(4) Communication support structures that qualify as eligible facility requests under 47 U.S.C. § 1455(a) and 47 C.F.R § 1.6100, as may be amended or superseded, do not require any additional land use permits or approvals under this chapter; provided that the communication support structure complies with all conditions of the initial land use permit or approval.

(5) In the I-1, I-2, and I-3 zoning districts, antennas need not satisfy the concealment and integration requirements in subdivision (2) unless the communication support structure is located within 100 feet of the property line of any adjoining zoning lot in the residential, apartment, or apartment mixed-use zoning districts.

(d) Accessory receive only antenna standards.

(1) Antennas may not be located in the required yards.

(2) All antennas must be set back from all property lines one-third of the height of the antenna or according to the setback requirements for the underlying zoning district, whichever is greater.

(3) The antenna must be located at a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the owner s primary dwelling or structure.

(4) Antennas may not be illuminated.

(5) All antennas must be equipped with safety devices to prevent them from being climbed, and must be securely fastened.

(6) All guy wires must be anchored onsite and outside of any right-of-way.

(7) When mounted on the ground, the accessory receive only antenna must be screened by walls, earth berms, or landscaping a minimum of 4 feet in height.

(e) Broadcasting antenna standards.

(1) Freestanding broadcasting antennas must be set back from all property lines a minimum of 1 foot for every 5 feet of height.

(2) Broadcasting antennas supported by guy wires must be set back from all property lines a minimum of 1 foot for every 1 foot of height.

(3) AM antennas must be set back a minimum of 500 feet from the property line of any adjoining zoning lot in the country, residential, apartment, or apartment mixed-use zoning districts.

(4) FM and TV antennas must be set back a minimum of 2,500 feet from the property line of any adjoining zoning lot in the country, residential, apartment, or apartment mixed-use zoning districts.

(5) Broadcasting antennas must be designed to structurally accommodate:

(A) For TV broadcasting antennas:

(i) At least three high power television antennas and one microwave facility or one low power television antenna; or

(ii) Two FM antennas and at least one two-way radio antenna for every 10 feet of the tower over 200 feet; or

(B) For broadcasting antennas other than for TV:

(i) At least one two-way radio antenna for every 10 feet of the tower; or

(ii) At least one two-way radio antenna for every 20 feet of the tower and at least one microwave facility or one low power TV antenna;

provided that these requirements may be reduced if the Federal Communications Commission provides a written statement that no additional licenses for those broadcast frequencies will be available in the foreseeable future. These requirements may also be reduced if the height of the tower needed significantly exceeds the height of existing towers in the area and would therefore create an unusually onerous visual impact that would dominate and alter the visual character of the area when compared to the visual impact of existing towers.

(6) Once a site for a broadcasting antenna is approved, additional antennas and accessory uses proposed within the approved envelope (within a specified height and distance) will be processed without requiring modification to the initial land use permit or approval, unless the broadcasting antenna site is within a special district.

(7) Broadcasting antennas and associated facilities must be enclosed by fencing a minimum of 6 feet in height.

(8) All requests for broadcasting antenna installations must be accompanied by a landscape plan.

(Added by Ord. 25-2)

§ 21-5.60-3 Education.

Uses in the education category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) School, PreK-12 standards.

(1) All structures and facilities must be set back a minimum of 20 feet from the property line of any adjoining zoning lot in the country, residential, apartment, or apartment mixed-use zoning districts. The director may waive this requirement upon finding that the topography or landscaping makes a buffer unnecessary.

(2) Schools must be located with access to a street or right-of-way of minimum access width and sufficient street frontage as determined by the appropriate government agencies.

(3) Parking and loading.

(A) Schools with a design capacity of more than 25 students must provide an off-street drop-off area, with a minimum capacity equivalent to four standard-sized parking spaces. This number may be adjusted by the director as the design capacity of the school changes, or if a traffic management plan is approved. The pickup and drop-off spaces may be used as parking spaces outside of the designated pickup and drop-off time periods.

(B) Schools with a design capacity of more than 50 students must provide at least one multipurpose bay that is a minimum of 40 feet in depth by 14 feet in width to accommodate bus pickup and drop- off. This multipurpose bay may be used for other activities outside of pickup and drop-off hours. The director may adjust this requirement as the design capacity of the school changes.

(4) In the AG-2 zoning district, a minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the PreK-12 school is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping.

(b) School, vocational standards.

(1) Minor:

(A) Hours of operation are limited to between 6:00 a.m. and 10:00 p.m.

(B) In the AG-1 and AG-2 zoning districts, vocational schools must involve agricultural education programs conducted on a farming or ranching operation that is accessory and secondary to the principal agricultural use of the zoning lot as described in HRS § 205-4.5(a)(19).

(2) Major:In the AG-1 and AG-2 zoning districts, vocational schools must involve agricultural education programs conducted on a farming or ranching operation that is accessory and secondary to the principal agricultural use of the zoning lot as described in HRS § 205-4.5(a)(19).

(Added by Ord. 25-2)

§ 21-5.60-4 Government.

Uses in the government category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Consulate standards. All structures and facilities must be set back a minimum of 20 feet from any adjoining zoning lot in the residential, apartment, or apartment mixed-use zoning districts, unless buffered by a solid wall, screening fence, or buffering hedge that is a minimum of 6 feet in height.

(Added by Ord. 25-2)

§ 21-5.60-5 Parks and open space.

Uses in the parks and open space category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Cemetery standards.

(1) Prior to approval of an application for a cemetery, a certificate of approval must be obtained from the Board of Water Supply indicating that there is no danger of contamination of the water supply.

(2) In the AG-2 zoning district, burials are prohibited within 50 feet from the property line of any adjoining zoning lot located in the country, residential, apartment, or apartment mixed-use zoning districts.

(3) In the AG-2 zoning district, a minimum 50-foot landscaped buffer is required from the property line of any adjoining zoning lot located in the country, residential, apartment, or apartment mixed-use zoning districts.

(4) In the P-2 zoning district, the following development standard flexibility may be permitted pursuant to the plan review use process:

(A) An increase of up to 25 feet above the maximum height limit; and

(B) An increase in the maximum building area.

(b) Park standards. Playgrounds, sport courts, or sport fields must be set back from all property lines a minimum of 20 feet.

(Added by Ord. 25-2)

§ 21-5.60-6 Utility.

Uses in the utility category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Small standards.

(1) General:

(A) All equipment, including rooftop-mounted equipment, must be set back pursuant to the height setbacks for the underlying zoning district or special district, unless otherwise specified below.

(B) All clearances to utility facilities, including overhead lines and poles, must comply with all standards of the applicable utility provider.

(C) Small utilities will be deemed abandoned if operations cease for one continuous year, with the exception of periods related to necessary maintenance, transfer of ownership or operation, or repairs to the system. Upon determination by the director that a small utility has been abandoned, the structure must be dismantled and removed or repurposed within 90 days after receipt of written notice from the director, unless the small utility owner or operator demonstrates to the director s satisfaction the owner or operator s good faith efforts to sell, repurpose, dismantle, or remove the small utility in a timely manner, or to otherwise restore the site on which the abandoned small utility was located.

(D) In an emergency, a utility may undertake corrective actions deemed necessary by the utility to avoid unacceptable hazard to life, significant loss of property, or significant economic hardship due to extended loss of power or service.

(2) Solar energy generation.

(A) A solar energy generation facility of any size is considered a small utility if it is mounted to the roof of a permitted structure dedicated to a separate principal use permitted in the underlying zoning district.

(B) A solar energy generation facility of up to 5 acres in size is considered a small utility if it is mounted on a structural support over existing surface parking dedicated to a use permitted in the underlying zoning district.

(D) Notwithstanding paragraphs (A), (B), and (C), a solar energy generation facility is not considered a small utility, but rather a medium utility if:

(i) There are proposed or existing solar energy generation facilities on the same zoning lot or abutting zoning lots, so that the total facility size exceeds 20 acres, excluding permitted rooftop solar energy generation facilities;

(ii) The zoning lot is within the State land use agricultural or conservation districts; or

(iii) The solar energy generation facility involves the use of a historic site listed on the Hawaii or National Register of Historic Places.

(E) Applications for solar energy generation facilities must include a landscape plan that shows how the facility will be screened from surrounding uses and how displaced trees will be relocated or replaced elsewhere on the zoning lot or surrounding area.

(F) If a solar energy generation facility exceeds 50,000 square feet in area and is within 500 feet of the property line of any adjoining zoning lot in the country, residential, apartment, or apartment mixed-use zoning districts, the facility must be fully screened from the adjoining zoning lots in those zoning districts by a landscaped hedge, solid wall, or screening fence a minimum of 6 feet in height. If the provision of solid screening is not feasible, the solar energy generation facility will be considered a medium utility.

(3) Wind energy generation.

(A) A wind energy generation facility is considered a small utility if it is located within the agricultural, country, residential, apartment, apartment mixed-use, business, business mixed-use, resort, industrial, industrial mixed-use, or preservation zoning districts, and has a rated capacity of no more than 15 kilowatts.

(B) A rooftop wind energy generation facility is considered a small utility if it is accessory to a principal use permitted in the underlying zoning district on the same zoning lot.

(C) For a ground-mounted wind energy generation facility, the tower climbing apparatus and blade tips must not be lower than 15 feet from ground level, unless enclosed by a fence a minimum of 6-feet in height, and must not be within 7 feet of any roof or structure unless the blades are completely enclosed by a protective screen or fence.

(D) A small wind energy generation facility must be set back from all property lines at a minimum distance equal to the height of the facility. Height is measured from the farthest vertical extension of the tower, which includes the height of the tower or its vertical support structure and the farthest vertical extension of the blade tip from the tower.

(E) In the AG-1 and AG-2 zoning districts, a minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the small wind energy generation facility is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping .

(b) Medium standards.

(1) General.

(A) All equipment, including rooftop-mounted equipment, must be set back pursuant to the height setbacks for the underlying zoning district or special district, unless otherwise specified below.

(B) All clearances to utility facilities, including overhead lines and poles, must comply with all standards of the applicable utility provider.

(C) Medium utilities will be deemed abandoned if operations cease for one continuous year, with the exception of periods related to necessary maintenance, transfer of ownership or operation, or repairs to the system. Upon determination by the director that a medium utility has been abandoned, the structure must be dismantled and removed or repurposed within 180 days after receipt of written notice from the director, unless the medium utility owner or operator demonstrates to the satisfaction of the director the owner or operator s good faith efforts to sell, repurpose, dismantle, or remove the medium utility in a timely manner, or to otherwise restore the site on which the abandoned medium utility was located.

(D) In an emergency, a minor conditional use permit is not required to undertake corrective actions deemed necessary by the utility to avoid unacceptable hazard to life, significant loss of property, or significant economic hardship due to extended loss of power or service; provided that the utility shall obtain after-the-fact approvals for the emergency work performed as soon as practicable after the emergency has ended.

(2) Solar energy generation.

(A) Applications for solar energy generation facilities must include a landscape plan that shows how the facility will be screened from surrounding uses and how displaced trees will be relocated or replaced elsewhere on the zoning lot or within the surrounding area.

(3) Wind energy generation.

(A) A wind energy generation facility is considered a medium utility if it is located within the agricultural, country, industrial, or industrial mixed-use zoning districts, and has a rated capacity of 15 kilowatts or more, but no more than 99 kilowatts. Medium wind energy generation facilities are not permitted in other zoning districts.

(B) For any ground-mounted wind energy generation facility, the tower climbing apparatus and blade tips of the facility may not be lower than 15 feet from ground level, unless enclosed by a 6-foot high fence, and may not be within 7 feet of any roof or structure, unless the blades are completely enclosed by a protective screen or fence.

(C) A public safety sign must be posted at the base of the wind energy generation facility warning of high voltage and dangerous moving blades.

(D) All guy wires must be anchored onsite and outside of any right-of-way, equipped with safety devices that will prevent them from being climbed, and securely fastened.

(E) A medium wind energy generation facility, whether mounted on the ground or on a structure, must be set back from all property lines at a minimum distance equal to the height of the facility. Height is measured from the farthest vertical extension of the tower, which includes the height of the tower or its vertical support structure and the farthest vertical extension of the blade tip from the tower.

(F) In the AG-1 and AG-2 zoning districts, a minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the medium wind energy generation facility is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping.

(1) General.

(A) All equipment, including rooftop-mounted equipment, must be set back pursuant to the height setbacks for the underlying zoning district or special district precinct, unless otherwise specified below.

(B) All clearances to utility facilities, including overhead lines and poles, must comply with all standards of the applicable utility provider.

(C) Large utilities will be deemed abandoned if operations cease for one continuous year, with the exception of periods related to necessary maintenance, transfer of ownership or operation, or repairs to the system. Upon determination by the director that a large utility has been abandoned, the structure must be dismantled and removed or repurposed within one year after receipt of written notice from the director, unless the large energy generation system owner or operator demonstrates to the satisfaction of the director the owner or operator s good faith efforts to sell, repurpose, dismantle, or remove the large utility in a timely manner, or to otherwise restore the site on which the abandoned large utility was located.

(2) Wind energy generation.

(A) Large wind energy generation facilities are not permitted in the preservation, residential , apartment, apartment mixed-use, business, business mixed-use, resort, industrial, and industrial mixed-use zoning districts.

(C) A public safety sign must be posted at the base of the wind energy generation facility warning of high voltage and dangerous moving blades.

(D) All guy wires must be anchored onsite and outside of any right-of-way, and equipped with safety devices that will prevent them from being climbed, and must be securely fastened.

(E) Large wind energy generation facilities must be set back as follows:

(i) From all property lines a minimum distance equal to the height of the facility; and

(ii) From the property lines of any zoning lot located in the country, residential, apartment, apartment mixed-use, or resort zoning districts, a minimum distance of 10 times the height of the facility or 1.25 miles, whichever is greater.

For purposes of this paragraph, height is measured from the farthest vertical extension of the tower, which includes the height of the tower or its vertical support structure and the farthest vertical extension of the blade tip from the tower.

(F) With regard to occupied buildings in proximity to the facility that exist on the submission date of the facility s conditional use permit application:

(i) No portion of a large wind energy facility may cause more than 10 hours per year or 10 minutes per day of shadow flicker on existing occupied buildings; and

(ii) During normal operation, facility noise levels may not exceed 10 dBA above ambient sound levels at existing occupied buildings.

Prior to the issuance of a conditional use permit for the facility, the applicant shall submit to the department site-specific data (such as weather, topography, and turbine operating characteristics) using software models such as WindPro or iNoise, demonstrating conformity with shadow flicker and noise restrictions.

(G) For large wind energy generation facilities with approved land use permits that were legally established on September 30, 2025, the repair, maintenance, or component replacement of the facility during the term of the facility s current power purchase agreement may involve an increase in the height of the facility as follows:

(i) By an incremental amount not to exceed 7 percent of the original height of the facility; or

(ii) Up to a maximum height of 575 feet;

whichever is the lesser facility height; provided that the facility operates under and within the scope of its approved land use permits, and must comply with the minimum setback required under paragraph (E)(i). Any increase in height pursuant to this paragraph will not be deemed to increase the facility s setback nonconformity.

(H) In the AG-1 and AG-2 zoning districts, a minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the large wind energy generation facility is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping.

(Added by Ord. 25-2)

Editor s note:

September 30, 2025 is substituted for the effective date of this ordinance.

§ 21-5.70 Commercial uses.

The following sections contain standards for the commercial use categories.

(Added by Ord. 25-2)

§ 21-5.70-1 Daycare.

Uses in the daycare category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Child daycare standards.

(1) All outdoor activity areas, such as playgrounds, toddler lots, play courts, and similar facilities, must be set back a minimum of 15 feet from the property line of any adjoining zoning lot within the country, residential, apartment, or apartment mixed-use zoning districts, and a minimum 6-foot high solid wall must be provided as a buffer. The director may waive this requirement upon finding that the topography or landscaping makes a buffer unnecessary.

(2) Facilities with a design capacity exceeding 25 care recipients must provide an onsite pickup and drop-off area equivalent to four standard-sized parking spaces. The pickup and drop-off spaces may be used as parking spaces outside of the designated pickup and drop-off time periods.

(3) In the AG-2 zoning district, a minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the child daycare is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping.

(b) Adult daycare standards.

(1) Facilities with a design capacity exceeding 25 care recipients must provide an onsite pickup and drop-off area equivalent to four standard-sized parking spaces. The pickup and drop-off spaces may be used as parking spaces outside of the designated pickup and drop-off time periods.

(2) In the AG-2 zoning district, a minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the adult daycare is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, business plan, and timeline to engage in crop production or livestock and poultry keeping.

(Added by Ord. 25-2)

§ 21-5.70-2 Eating and drinking.

Uses in the eating and drinking category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) General eating and drinking standards.

(1) In the apartment mixed-use zoning district, the density requirements in Table 21-3.3 and § 21-3.90-1(c)(3) apply.

(2) In the AMX-1, AMX-2, AMX-3, B-1, and I-3 zoning districts, the preparation and selling of liquor must end at 12:00 a.m.

(3) When the principal entrance is less than 75 feet or its parking or loading areas are less than 20 feet from any adjoining zoning lot in the country, residential, apartment, or apartment mixed-use zoning district:

(A) A solid wall or fence (not a chain-link fence) or equivalent landscape buffer (such as a screening hedge), 6 feet in height, must be installed and maintained at the common property lines; and

(B) Hours of operation are limited to between 6:00 a.m. and 10:00 p.m. General eating and drinking establishments that are intended to operate beyond these hours may be permitted under a minor conditional use permit.

(b) Bar, nightclub, minor and major standards.

(1) Must be set back a minimum of 300 feet from any zoning lot in the country, residential, apartment, or apartment mixed-use zoning district.

(2) The director may require mitigation of impacts from noise, odor, or glare.

(Added by Ord. 25-2)

§ 21-5.70-3 Lodging.

Uses in the lodging category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Bed and breakfast home; Transient vacation unit standards.

(1) Permitted districts.Bed and breakfast homes and transient vacation units are permitted as described in paragraphs (A), (B), and (C), and as depicted in the figures referred to in paragraph (D); provided that if there is any inconsistency between the descriptions in paragraphs (A), (B), and (C), and the depiction in the figures referred to in paragraph (D), the figures referred to in paragraph (D) will prevail.

(A) Bed and breakfast homes and transient vacation units are permitted in the A-1 low-density apartment zoning district and the A-2 medium-density apartment zoning district; provided that:

(i) They are within 3,500 feet of a resort zoning district of greater than 50 contiguous acres; and

(ii) The resort district and the A-1 or A-2 district have been rezoned pursuant to the same zone change application as part of a master-planned resort community;

(B) Bed and breakfast homes and transient vacation units are permitted in the apartment precinct of the Waikiki special district on the zoning lots identified as tax map keys (1) 2-6-025:005 and (1) 2-6-028:011; and

(C) Bed and breakfast homes and transient vacation units are permitted on certain zoning lots located in the A-2 medium-density apartment zoning district contiguous to the Hoakalei Resort and Lagoon.

(D) The areas in which bed and breakfast homes and transient vacation units are permitted as set forth in paragraphs (A), (B), and (C) are depicted in the following figures:

(i) The areas located within the apartment precinct of the Waikiki special district mauka of Kuhio Avenue, as designated in Figure 21-5.1;

(ii) The areas located within the A-1 low-density apartment zoning district and the A-2 medium-density apartment zoning district situated in close proximity to the Ko Olina Resort, as designated in Figure 21-5.2;

(iii) The area located within the A-1 low-density apartment zoning district situated in close proximity to the Turtle Bay Resort, as designated in Figure 21-5.3; and

(iv) The area located within the A-2 medium-density apartment zoning district located contiguous to the Hoakalei Resort and lagoon, as designated in Figure 21-5.4.

Figure 21-5.1
Bed and Breakfast Homes and Transient Vacation Units
Permitted Areas - Waikiki Special District Mauka of Kuhio Avenue

Figure 21-5.2
Bed and Breakfast Homes and Transient Vacation Units
Permitted Areas - Close Proximity to the Ko Olina Resort

Figure 21-5.3
Bed and Breakfast Homes and Transient Vacation Units
Permitted Areas - Close Proximity to the Turtle Bay Resort

Figure 21-5.4
Bed and Breakfast Homes and Transient Vacation Units
Permitted Areas - Contiguous to the Hoakalei Resort and Lagoon

(2) Requirements:The following standards and requirements apply to bed and breakfast homes and transient vacation units; provided that bed and breakfast homes operating under valid nonconforming use certificates pursuant to § 21-4.110-2, or transient vacation units operating under a valid nonconforming use certificate pursuant to § 21-4.110-1need only comply with paragraph (C):

(A) Registration:

(i) The owner or operator of a bed and breakfast home or transient vacation unit shall register the bed and breakfast home or transient vacation unit with the department on a form prescribed by the director, and submit the following in the initial application for registration:

(aa) A title report for the subject property that has been issued or updated within 30 days prior to its submission, and identifies all persons owning an interest in the property;

(bb) A valid current State of Hawaii general excise tax license, transient accommodations tax license, and city transient accommodations tax license for the subject property;

(cc) For a bed and breakfast home, evidence of a real property tax home exemption for the subject property, and evidence that the applicant has a minimum 50 percent ownership interest in the subject property;

(dd) An initial registration fee of $1,000 for the bed and breakfast home or transient vacation unit;

(ee) Evidence that the use as a bed and breakfast home or transient vacation unit is covered by an insurance carrier for the subject property, pursuant to subdivision (3)(B)(iii)(dd);

(ff) Confirmation that the bed and breakfast home or transient vacation unit is permitted by any applicable homeowners association, apartment owners association, or condominium property regime articles, by-laws, and house rules;

(gg) The informational binder required under subdivision (2)(C)(vi); provided that a copy of a registration certificate need not be included;

(hh) Evidence that a dwelling unit proposed for use as a bed and breakfast home or transient vacation unit:

(AA) Is not an affordable unit subject to income restrictions;

(BB) Did not receive housing or rental assistance subsidies; and

(CC) Was not subject to an eviction within the last 12 months.

(ii) Registration will be effective for a period of one year beginning on the date a certificate of registration is issued by the department, and must be renewed annually prior to expiration.

(B) Registration renewal.

(i) Annually, no earlier than three months prior to the expiration of the registration certificate, the owner or operator of a bed and breakfast home or transient vacation unit shall renew the registration certificate for a bed and breakfast home or transient vacation unit with the department on a form prescribed by the department, and submit to the department the following in the registration renewal application:

(aa) For a bed and breakfast home, evidence of a real property tax home exemption for the subject property;

(bb) A tax clearance certificate issued by the department of budget and fiscal services certifying that real property taxes were assessed at the rates required by § 8-7.1and paid in full during the preceding tax year;

(cc) A tax clearance certificate issued by the State department of taxation certifying the payment of State of Hawaii general excise taxes and transient accommodations taxes, and a tax clearance certificate issued by the department of budget and fiscal services certifying the payment of city transient accommodations taxes, for the subject property during the previous tax year;

(dd) If there has been any change in ownership of the subject property, an updated title report that has been issued within 30 days prior to the submission of the renewal application to the department;

(ee) A renewal fee of $500 for the bed and breakfast home or transient vacation unit;

(ff) Evidence that the use as a bed and breakfast home or transient vacation unit is covered by an insurance carrier for the property pursuant to subdivision (2)(C)(iv); and

(gg) Confirmation that the bed and breakfast home or transient vacation unit is permitted by any applicable homeowners association, apartment owners association, or condominium property regime articles, by-laws, and house rules.

(ii) The director may deny renewal of a registration if:

(aa) The owner or operator receives one or more notices of order for violation of this subsection within a one year period;

(bb) The owner or operator demonstrates an inability to operate a bed and breakfast home or transient vacation unit without causing significant negative impacts to the surrounding community, including but not limited to instances where complaints from the public indicate that noise or other nuisances created by guests disturbs residents of the neighborhood in which the bed and breakfast home or transient vacation unit is located; or

(cc) Where other good cause exists for denial of the renewal application.

(C) Restrictions and standards:Bed and breakfast homes and transient vacation units must operate in accordance with the following restrictions and standards:

(i) Functioning smoke detectors must be installed in each room that is suitable and used for transient occupant sleeping accommodations, and each hallway connected to such room. In addition to smoke detectors, functioning carbon monoxide detectors must be installed in each room that is suitable and used for transient occupant sleeping accommodations, and each hallway connected to such room, if the room is served by natural gas, propane, or other combustible gas;

(ii) Occupancy limits and sleeping arrangements are as follows:

(aa) All overnight transient occupants must be registered with the owner or operator of the bed and breakfast home or transient vacation unit;

(bb) Except for studio units, sleeping accommodations for all transient occupants must be provided in bedrooms or other rooms that are suitable for sleeping accommodations (such as a living room with a sofabed). No more than two adults may sleep in each allowable room in which sleeping accommodations are provided;

(cc) The total number of adult overnight transient occupants may not exceed two times the number of rooms provided to transient occupants for sleeping accommodations; and

(dd) The owner or operator shall maintain a current two-year registry setting forth the names and telephone numbers of all transient occupants and the dates of their respective stays;

(iii) Exterior signage indicating that a dwelling unit is used as a bed and breakfast home or transient vacation unit is prohibited;

(iv) Insurance coverage required.The owner or operator must maintain a minimum of $1,000,000 per occurrence in commercial general liability insurance at all times. Owners or operators may fulfill insurance requirements through coverage offered by a hosting platform; provided the insurance coverage satisfies the minimum requirements of this paragraph;

(v) Gatherings restricted. The property on which a bed and breakfast home or transient vacation unit is located may not be used for gatherings of ten or more individuals who are not registered as overnight transient occupants at the bed and breakfast home or transient vacation unit;

(vi) Informational binder required.The owner or operator shall create a binder that must be placed and maintained in a conspicuous location within the bed and breakfast home or transient vacation unit at all times. The binder must provide guidance to transient occupants on being respectful of neighbors and responding to emergencies. The binder must be made available for inspection by the department upon request. At a minimum, the binder must include the following documents and information:

(aa) A floor plan of the dwelling unit used as a bed and breakfast home or transient vacation, identifying the location of all transient occupant bedrooms, the maximum occupancy of each bedroom, and the location of all fire exits;

(bb) Parking plan:

(AA) For bed and breakfast homes and transient vacation units that are not located in a multifamily dwelling, a parking plan identifying the location and number of parking stalls available to persons associated with the bed and breakfast home or transient vacation unit (such as owners, transient occupants, visitors, or service providers); the parking plan must include illustrations, drawn to scale, showing the size of designated parking spaces, their location on the zoning lot, and which spaces may be occupied by vehicles of the transient occupants; or

(BB) For bed and breakfast homes or transient vacation units located in a multifamily dwelling, a parking plan identifying the location and number of parking stalls within the multifamily dwelling that may be used by persons associated with the bed and breakfast home or transient vacation unit; the parking plan may be provided in narrative form without illustrations or graphics;

(cc) Instructions for trash collection and disposal, including the dates and times of scheduled trash collections;

(dd) A copy of the house rules for the bed and breakfast home or transient vacation unit, which must impose quiet hours between 10:00 p.m. and 7:00 a.m., and for bed and breakfast homes and transient vacation units operating pursuant to nonconforming use certificates and located within the country, residential, or apartment zoning districts, the house rules must prohibit transient occupants from parking vehicles on the public streets in the vicinity of the bed and breakfast home or transient vacation unit;

(ee) A list of emergency contacts, which must include a 24-hour telephone number for the owner or operator of the bed and breakfast home or transient vacation unit, the 911 emergency telephone number, and the website address for the Hawaii emergency management agency;

(ff) A copy of the certificate of insurance for the bed and breakfast home or transient vacation unit;

(gg) Copies of the general excise and transient accommodations tax licenses for the bed and breakfast home or transient vacation unit; and

(hh) A copy of the registration certificate or nonconforming use certificate for the bed and breakfast home or transient vacation unit.

(vii) Upon reasonable notice, any bed and breakfast home or transient vacation unit must be made available for inspection by the department;

(viii) The violation of any provision of this subsection will be grounds for administrative fines and nonrenewal unless corrected before the renewal deadline. Recurring or multiple violations will result in denial of renewal requests;

(ix) The director may revoke a registration at any time by issuing a notice of revocation under the following circumstances:

(aa) The owner or operator receives more than two notices of order within a one year period for violation of this subsection;

(bb) The owner or operator demonstrates an inability to operate a bed and breakfast home or transient vacation unit without causing significant negative impacts to the surrounding community; including but not limited to instances where complaints from the public indicate that noise or other nuisances created by transient occupants disturbs residents of the neighborhood in which the bed and breakfast home or transient vacation unit is located; or

(cc) The director determines that good cause exists for revocation of the registration; and

(x) Registration as a bed and breakfast home or transient vacation unit is not transferable, and shall not run with the land.

(3) Advertisements.

(A) Definitions:As used in this paragraph, unless the context otherwise requires:

(i) Advertisement means the display or transmission of any communication that may cause a reasonable person to understand that a dwelling unit or portion thereof is available for rent. Advertisements include but are not limited to written and spoken words, emails, text messages, electronic and hard copy publications, flyers, handbills, signs, websites, and expressive images.

(ii) Person means a legal person or a natural person, consisting of individuals and all types of business and legal entities, including but not limited to associations, nonprofit organizations, trusts, estates, partnerships, corporations, and limited liability companies.

(B) Prohibition:Advertisements for specifically identified bed and breakfast homes and transient vacation units, or for the lease or rental of other specifically identified dwelling units where the advertisement may reasonably be read as being an advertisement for the lease or rental of a bed and breakfast home or transient vacation unit, are subject to this subparagraph.

(i) It is unlawful for any person to advertise or cause the advertisement of a bed and breakfast home or transient vacation unit without including in the advertisement a current registration certificate number obtained pursuant to this section, or a nonconforming use certificate number obtained pursuant to § 21-4.110-1 or § 21-4.110-2, and a tax map key number for the property on which the bed and breakfast home or transient vacation unit is located.

(ii) It is unlawful for any person to advertise or cause the advertisement of a dwelling unit that is not a registered bed and breakfast home or transient vacation unit pursuant to this section or is not operating under a nonconforming use certificate pursuant to § 21-4.110-1 or § 21-4.110-2, for a term of less than 90 consecutive days. Any advertisement for the rental of a dwelling unit that is not a registered bed and breakfast home or transient vacation unit or is not operating pursuant to a nonconforming use certificate as aforesaid may not include daily or less than three-month rental rates, and must include the following statement: This property may not be rented for less than 90 consecutive days. Rental prices will not be reduced or adjusted based on the number of days the rental is actually used or occupied.

(iii) Within seven days after receipt of a notice of violation of paragraph (A) or (B), the owner or operator of a dwelling unit shall remove, or cause the removal of, the advertisement identified in the notice, including but not limited to any advertisement made through a hosting platform. If the advertisement is not removed within seven days after receipt of the notice of violation, the following civil fines will be levied against the owner or operator of the dwelling unit:

(aa) An initial fine not to exceed $5,000; and

(bb) A fine not to exceed $10,000 for each day thereafter that the advertisement is on public display.

(iv) The existence of an advertisement that is unlawful under paragraph (A) or (B) will be prima facie evidence that a bed and breakfast home or a transient vacation unit is being operated at the listed address. The burden of proof is on the owner of the subject real property to establish that the property is not being used as a bed and breakfast home or transient vacation unit, or that the advertisement was placed without the property owner s knowledge or consent.

(i) Legally established hotels, whether owned by one person or owned individually as unit owners but operating as a hotel as defined in § 21-5.70-3(b).

(ii) Legally established timeshare units, as provided in § 21-5.70-3(c).

(4) Unpermitted bed and breakfast homes or unpermitted transient vacation units.

(A) Definitions:As used in this paragraph, unless the context otherwise requires:

(i) Unpermitted bed and breakfast home means a bed and breakfast home that is not:

(aa) Operating under a valid nonconforming use certificate pursuant to § 21-4.110-2; or

(bb) Validly registered under this section.

(ii) Unpermitted transient vacation unit means a transient vacation unit that is not:

(aa) Operating under a valid nonconforming use certificate pursuant to § 21-4.110-1; or

(bb) Validly registered under this section.

(B) Unlawful actions:It is unlawful for any owner or operator of an unpermitted bed and breakfast home or unpermitted transient vacation unit, or the owner or operator s agent or representative to:

(i) Rent, offer to rent, or enter into a rental agreement to rent an unpermitted bed and breakfast home for fewer than 90 consecutive days;

(ii) Rent, offer to rent, or enter into a rental agreement to rent an unpermitted bed and breakfast home or unpermitted transient vacation unit, where such rental, offer, or rental agreement limits actual occupancy of the premises to a period of less than the full stated rental period, or conditions the right to occupy the rented premises for the full stated rental period on the payment of additional consideration;

(iii) Set aside or exclusively reserve an unpermitted bed and breakfast home or unpermitted transient vacation unit for rental or occupancy for a period of 90 consecutive days or more, but limit actual occupancy of the premises to a period of less than the full stated rental period, or condition the right to occupy the rented premises for the full stated rental period on the payment of additional consideration; or

(iv) Advertise, solicit, offer, or knowingly provide rental of an unpermitted bed and breakfast home or unpermitted transient vacation unit to transient occupants for less than 90 consecutive days. An advertisement for an unpermitted bed and breakfast home or unpermitted transient vacation unit that includes daily or less than three-month rental rates will be deemed to be in violation of this paragraph.

(5) Complaints:Any person may submit a written complaint to the director reporting a violation of this subsection regarding bed and breakfast homes and transient vacation units.

(A) A complaint reporting a suspected violation of this section must:

(i) Identify the address of the bed and breakfast home or transient vacation unit that is the subject of the suspected violation, including the apartment or unit number of the dwelling unit if it is located in a multifamily dwelling;

(ii) State all of the facts that cause the complainant to believe that a violation has occurred;

(iii) Identify the provisions of this section that the complainant believes are being violated; and

(iv) Provide the complainant s name and a mailing address where the director may respond to the complaint.

(B) Within 30 days after receiving a written complaint reporting a violation of the provisions of this paragraph, the director shall provide a written response to the complainant either:

(i) Declining jurisdiction over the complaint, in which case the complainant may pursue judicial relief pursuant to HRS § 46-4(b);

(ii) Entering a finding of no violation, which may be appealed to the zoning board of appeals pursuant to Charter § 6-1516; or

(iii) Advising the complainant that the director has initiated an investigation of the complaint.

(6) This subsection does not terminate or supersede private restrictive covenants or other restrictions that prohibit the use of real property as a bed and breakfast home or transient vacation unit.

(7) Notwithstanding any contrary provisions in this chapter, bed and breakfast homes and transient vacation units that do not have a valid nonconforming use certificate or registration certificate are not permitted in areas where the applicable development plan or sustainable communities plan prohibits the establishment of new bed and breakfast homes or transient vacation units; provided that bed and breakfast homes or transient vacation units may renew valid registration certificates that were initially issued prior to an amendment to the applicable development plan or sustainable communities plan that prohibits bed and breakfast homes or transient vacation units in the plan area.

(b) Hotel standards.

(1) In the BMX-3 zoning district, hotels are permitted within the Primary Urban Center development plan, Ewa development plan, or Central Oahu sustainable communities plan areas; provided that all of the following are satisfied:

(A) The hotel does not exceed a floor area ratio of 2.0, excluding floor area dedicated to separate permitted uses;

(B) The hotel may not be used or include facilities for weddings, conventions, or special events as an accessory use, and specific uses must be permitted as a principal use in the underlying zoning district; and

(C) Guest rooms must be offered or used for transient accommodations for a minimum of 275 days per year, unless unavailable for occupancy due to necessary repair or maintenance.

(2) In the IMX-1 zoning district, hotels are permitted in the areas situated in close proximity to the Daniel K. Inouye International Airport, as designated in Figure 21-5.5.

Figure 21-5.5
Hotels Permitted Areas - IMX-1 Zoning District
Close Proximity to the Daniel K. Inouye International Airport

(c) Timeshare standards. Timeshare units are permitted as described in subdivision (1) and as depicted in the figure referred to in subdivision (2); provided that if there is any inconsistency between the description in subdivision (1) and the depiction in the figure referred to in subdivision (2), the figure referred to in subdivision (2) will prevail.

(1) Timeshare units are permitted in the A-2 medium density apartment zoning district; provided that:

(A) They are within 3,500 feet of a resort zoning district of greater than 50 contiguous acres; and

(B) The resort district and the A-2 district have been rezoned pursuant to the same zone change application as part of a master-planned resort community; and

(2) The areas in which timeshare units are permitted as set forth in subdivision (1) are depicted as the areas located within the A-2 medium density apartment zoning district situated in close proximity to the Ko Olina Resort, as designed in Figure 21-5.6.

Figure 21-5.6
Timeshare Permitted Areas - Close Proximity to the Ko Olina Resort

(Added by Ord. 25-2)

§ 21-5.70-4 Medical.

Uses in the medical category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) General medical services standards.

(1) In the apartment mixed-use zoning district, the density requirements of Table 21-3.3 and § 21-3.90-1(c)(3) apply.

(2) In the industrial mixed-use zoning district, the density requirements of Table 21-3.5 and § 21-3.140-1(c) apply.

(b) Hospital standards. As required pursuant to a plan review use permit.

(Added by Ord. 25-2)

§ 21-5.70-5 Office.

Uses in the office category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) General office standards. The density requirements of Table 21-3.3 and § 21-3.90-1(c)(3) apply.

(Added by Ord. 25-2)

§ 21-5.70-6 Parking.

Uses in the parking category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Remote parking standards.

(1) In the apartment, apartment mixed-use, and resort zoning districts, there is no minimum zoning lot area, width, or depth for remote parking facilities.

(2) For additional requirements applicable to remote parking see § 21-6.70.

(b) Commercial parking standards. The density controls of Table 21-3.3 and § 21-3.90-1(c)(3) apply.

(Added by Ord. 25-2)

§ 21-5.70-7 Personal service.

Uses in the personal service category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) General personal services standards.

(1) In the apartment mixed-use zoning district:

(A) All services involving amplified music or music instruction must be located in a fully enclosed, sound-attenuated structure, and hours of operation are limited to between 6:00 a.m. and 10:00 p.m.

(B) The density requirements of Table 21-3.3 and § 21-3.90-1(c)(3) apply.

(2) In the industrial mixed-use zoning district, the density requirements of Table 21-3.5 and § 21-3.140-1(c) apply.

(3) When the principal entrance is less than 75 feet or its parking area is less than 20 feet from any adjoining zoning lot in the country, residential, apartment, or apartment mixed-use zoning district:

(A) A solid wall or fence (not a chain-link fence) or equivalent landscape buffer (such as a screening hedge), 6 feet in height, must be installed and maintained at the common property lines; and

(B) Hours of operation are limited to between 6:00 a.m. and 10:00 p.m. General personal services uses that are intended to operate beyond these hours may be permitted under a minor conditional use permit.

(b) Animal care, minor and major standards.

(1) All structures and facilities associated with keeping animals overnight must either:

(A) Be set back a minimum of 100 feet from any adjoining zoning lot in the residential, apartment, or apartment mixed-use zoning district; or

(B) Be fully enclosed, soundproofed, and air-conditioned if it is within 100 feet from any adjoining zoning lot in the residential, apartment, or apartment mixed-use zoning district.

(2) In the business, business mixed-use, and IMX-1 zoning districts, major animal care must be soundproofed and air-conditioned, and associated odors must not be detectable from common areas within a building, abutting properties, or public areas such as public streets and sidewalks.

(3) Except for occasional and infrequent incidents, animal noises must not be detectable from common areas within a building, abutting properties, or public areas such as streets and sidewalks.

(4) For minor animal care, outdoor animal care areas are limited to supervised play areas and runs.

(5) In the AG-2 zoning district, a minimum of 51 percent of the zoning lot area suitable for crop production or livestock and poultry keeping must be dedicated to crop production or livestock and poultry keeping for as long as the major animal care is in operation, as evidenced by a farm plan that shows the area and percentage of the zoning lot to be in active agricultural use, and includes information about a farm or ranch s resources, goals, and business plan to engage in crop production or livestock and poultry keeping.

(Added by Ord. 25-2)

§ 21-5.70-8 Recreation, outdoor.

Uses in the outdoor recreation category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Golf course standards. As required pursuant to a plan review use permit.

(b) Zoo standards. As required pursuant to a plan review use permit.

(1) In the P-2 and AG-2 zoning districts, a minimum of 51 percent of the zoning lot area must be dedicated to crop production, livestock and poultry keeping, or passive undeveloped recreational areas, such as natural open space, forests, and trails, for as long as the nature-based recreation is in operation, as evidenced by a farm plan or recreational plan that shows the area and percentage of the zoning lot to be in active agricultural use or passive undeveloped recreational use, and includes information about a farm, ranch, or recreational area resources, goals, and business plan to engage in crop production or livestock and poultry keeping, or for passive recreational purposes.

(2) The overall density for cabins must not exceed one cabin per acre, and no kitchens or wet bars are allowed.

(3) For horseback riding tours, all buildings housing horses and all corrals in which horses are kept or assembled must be set back a minimum of 100 feet from the property line of any adjoining zoning lot located in the country, residential, apartment, or apartment mixed-use zoning districts.

(4) A minor conditional use permit is required if the nature-based recreation activity does not include overnight stays. A major conditional use permit is required if the nature-based recreation activity includes overnight stays.

(Added by Ord. 25-2)

§ 21-5.70-9 Retail.

Uses in the retail category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) General retail, small, medium, large standards.

(1) All incidental storage of material and equipment must be located in a fully enclosed structure.

(2) When the principal entrance is less than 75 feet or its parking area is less than 20 feet from any adjoining zoning lot in the country, residential, apartment, or apartment mixed-use zoning district:

(A) A solid wall or fence (not a chain-link fence) or equivalent landscape buffer (such as a screening hedge), 6 feet in height, must be installed and maintained at the common property lines; and

(B) Hours of operation are limited to between 6:00 a.m. and 10:00 p.m. Small, medium, or large general retail uses that are intended to operate beyond these hours may be permitted under a minor conditional use permit.

(3) In the apartment mixed-use zoning district, hours of operation are limited to between 6:00 a.m. and 10:00 p.m., including any loading activities associated with the retail use.

(4) In the industrial mixed-use zoning district, the density controls of Table 21-3.5 and § 21-3.140-1(c) apply.

(b) Mobile commercial establishment standards.

(1) Mobile commercial establishments must operate on all-weather surfaces, unless otherwise specified in this chapter.

(2) Mobile commercial establishments must operate outside of any required yards.

(3) One portable sign per mobile commercial establishment is allowed during hours of operation. The sign must be located within 5 feet of the mobile commercial establishment, unless weather conditions render it unsafe.

(4) When three or more mobile commercial establishments operate on one zoning lot:

(A) A parking management plan is required. See § 21-6.30(m) for adjustments and exemptions to parking requirements for mobile commercial establishments.

(B) A pedestrian and vehicle circulation plan is required.

(D) If seating areas are provided for patrons of the mobile commercial establishments, restrooms or portable restrooms accessible to patrons must be present on the zoning lot and adequately screened from public view.

(5) If a mobile commercial establishment is located less than 75 feet from any adjoining zoning lot:

(A) In the country, apartment, or apartment mixed-use zoning district, hours of operation are limited to between 6:00 a.m. and 10:00 p.m.

(B) In the residential zoning district, hours of operation are limited to between 8:00 a.m. and 9:00 p.m.

(6) In the Haleiwa special district, the mobile commercial establishment requirements in § 21-9.90-4(j) supersede the standards listed in this subsection.

(Added by Ord. 25-2)

§ 21-5.70-10 Vehicle-related.

Uses in the vehicle-related category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Car wash standards.

(1) When the use occurs less than 75 feet from any adjoining zoning lot in the country, residential, apartment, or apartment mixed-use zoning district:

(A) A solid wall or fence (not a chain-link fence) or equivalent landscape buffer (such as a screening hedge), 6 feet in height, must be installed and maintained at the common property lines; and

(B) Hours of operation are limited to between 6:00 a.m. and 10:00 p.m. Car wash uses that are intended to operate beyond these hours may be permitted under a minor conditional use permit.

(2) A closed-loop water recycling system with no offsite discharge or run-off must be used.

(3) The use must be in a sound-attenuated structure.

(Added by Ord. 25-2)

§ 21-5.70-11 Accessory commercial.

Uses in the accessory commercial category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Drive-thru standards.

(1) Speaker boxes must be set back a minimum of 75 feet from the property line of any zoning lot in the country, residential, apartment, or apartment mixed-use zoning districts.

(2) Drive-thru lanes must be set back a minimum of 20 feet from the property line of any zoning lot in the country, residential, apartment, or apartment mixed-use zoning districts.

(Added by Ord. 25-2)

§ 21-5.80 Industrial uses.

The following sections contain standards for the industrial use categories.

(Added by Ord. 25-2)

§ 21-5.80-1 Manufacturing and processing.

Uses in the manufacturing and processing category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) General manufacturing and processing standards.

(1) Light:In the business and business mixed-use zoning districts, total floor area must not exceed 10,000 square feet.

(2) Heavy:

(A) All structures and activities must be set back a minimum of 100 feet from the property line of any adjoining zoning lot in the residential, apartment, or apartment mixed-use zoning districts.

(B) Areas used for pickup or drop-off of equipment between the hours of 10:00 p.m. and 6:00 a.m. must be set back a minimum of 300 feet from the property line of any adjoining zoning lot in the residential, apartment, or apartment mixed-use zoning districts.

(b) Biofuel processing facility standards.

(1) All structures and activities must be set back a minimum of 1,500 feet from the property line of any zoning lot in the country, residential, apartment, apartment mixed-use, or resort zoning districts.

(2) If the director determines that potential impacts of the facility will be adequately mitigated due to prevailing winds, terrain, technology, or similar considerations, the required minimum setback may be reduced; provided that under no circumstances may the setback distance be less than 500 feet.

(3) In the AG-1 and AG-2 zoning districts, agricultural land and other agricultural uses in the vicinity of the biofuel processing facility must not be adversely impacted, consistent with the regulation of permissible uses within the agricultural districts pursuant to HRS § 205-4.5(a)(16).

(3) Explosives storage must be effectively screened by a natural landform or artificial barrier either surrounding the entire site or surrounding each storage magazine or production facility. The height of the landform or barrier must be taller than any magazine or production facility and must consist of an earthen mound or revetted wall with a minimum thickness of 3 feet.

(d) Food manufacturing and processing standards.

(1) In the business and business mixed-use zoning districts, total floor area must not exceed 4,000 square feet.

(2) The slaughter of animals is not permitted.

(e) Petrochemical plant standards.

(Added by Ord. 25-2)

§ 21-5.80-2 Marine.

Uses in the marine category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) General marine standards.

(1) Minor:

(A) Except as provided in (B) or (C), launching ramps, boat repair facilities, establishments for the sale of boating supplies and fuel, clubhouses and drydock facilities, or other areas for storage of boats on land must be set back from the property line of any adjoining zoning lot in the residential, apartment, or apartment mixed-use zoning districts by:

(i) Except as provided in (ii), 300 feet if open between the hours of 10:00 p.m. and 6:00 a.m.; or

(ii) One hundred fifty feet if not open between the hours of 10:00 p.m. and 6:00 a.m., or if the activity or facility is screened by a solid wall at minimum of 6 feet in height.

(B) A master planned community with an inland waterway designated as within the preservation zoning district is not subject to the additional setback requirements; provided that the master planned community was created pursuant to the same zone change application as part of a single rezoning action.

(C) Where a general marine use occurs adjacent to an inland waterway designated as within the preservation zoning district, no setback requirement is required for uses not common to both the underlying zoning district and the preservation zoning district.

(Added by Ord. 25-2)

§ 21-5.80-3 Repair.

Uses in the repair category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Heavy repair standards.

(1) All structures and activities must be set back a minimum 100 feet from the property line of any zoning lot in the residential, apartment, or apartment mixed-use zoning districts.

(2) All activities conducted between the hours of 10:00 p.m. and 6:00 a.m. must be set back a minimum of 300 feet from the property line of any adjoining zoning lot in the residential, apartment, or apartment mixed-use zoning districts.

(b) Vehicle service standards. All activities conducted within 300 feet from the property line of any zoning lot in the residential, apartment, or apartment mixed-use zoning districts are limited to the hours between 6:00 a.m. to 10:00 p.m.

(Added by Ord. 25-2)

§ 21-5.80-4 Resource extraction.

Uses in the resource extraction category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) General resource extraction standards.

(1) Blasting operations are restricted to Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m.

(2) The application for a conditional use permit must include a plan for the development of the property, which includes the exploitation and reuse of the property.

(A) The plan for the exploitation phase must show the proposed development as planned in relation to surrounding property within 300 feet, and include topographic surveys and other materials indicating existing conditions (including drainage) and the conditions (including topography, drainage, and soils) that will exist at the end of the exploitation phase. Contour intervals for topography must be 5 feet in areas where the slope is greater than 10 percent, or 2 feet in areas where the slope is 10 percent or less.

(B) The plan for the reuse phase must indicate how the property is to be left in a form suitable for reuse for purposes permissible in the underlying zoning district, and the relation between the reuse and the existing or proposed uses for surrounding properties. Among items to be included in the plan are:

(i) Feasible circulation patterns in and around the site;

(ii) The treatment of exposed soil or subsoil (including measures to be taken to replace topsoil or establish vegetation in excavated areas) in order to make the property suitable for the proposed reuse; and

(iii) The treatment of slopes to prevent erosion and delineation of floodways and floodplains (if any) to be maintained in open usage.

In the plan for reuse, intermittent lakes and marshes are not permitted, except in areas within flood hazard districts; provided that the intermittent lake or marsh is situated more than 1,000 feet from the property line of the nearest zoning lot in the residential, apartment, apartment mixed-use, or resort zoning districts.

(Added by Ord. 25-2)

§ 21-5.80-5 Storage and warehousing.

Uses in the storage and warehousing category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Self-storage standards.

(1) No individual storage area may exceed 6,000 cubic feet in volume.

(2) All buildings must have windows or architectural treatments that look like windows.

(3) Storage spaces may not be used for activities other than the storage of personal property. Accessory uses are limited to the sale of boxes, tape, and other packing-related materials.

(b) Storage yard standards.

(1) Sale or processing of scrap, salvage, or secondhand material is prohibited.

(2) Except for necessary openings for ingress and egress, storage yards must be completely enclosed by a fence or wall a minimum of 6 feet in height.

(3) Within the I-1 zoning district:

(A) All structures and activities must be set back a minimum 100 feet from the property line of any zoning lot in the residential, apartment, or apartment mixed-use zoning districts.

(B) If the facility is within 300 feet of a zoning lot in the residential, apartment, or apartment mixed-use zoning districts, equipment startup, including motor vehicles, are limited to the hours between 6:00 a.m. and 10:00 p.m.

(Added by Ord. 25-2)

§ 21-5.80-6 Transportation.

Uses in the transportation category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Airport standards. As required pursuant to a plan review use permit.

(b) Base yard standards.

(1) Except for necessary openings for ingress and egress, storage yards must be completely enclosed by a fence or wall a minimum of 6 feet in height.

(2) Within the I-1 zoning district:

(A) All structures and activities must be set back a minimum of 100 feet from any zoning lot in the residential, apartment, or apartment mixed-use zoning districts.

(B) If the facility is within 300 feet of a zoning lot in the residential, apartment or apartment mixed-use zoning districts, startup of equipment, including motor vehicles, is limited to the hours between 6:00 a.m. and 10:00 p.m.

(1) Heliports may not exceed one operation per hour.

(2) Takeoff and landing operations are restricted to the hours between 8:00 a.m. and 5:00 p.m.

(3) Rotorcraft are limited to a maximum gross weight of up to 7,000 pounds.

(d) Multimodal facility standards. As required by a conditional use permit.

(Added by Ord. 25-2)

§ 21-5.80-7 Waste-related.

Uses in the waste-related category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Salvage, scrap, or junk storage and processing standards.

(2) If the director determines that potential impacts of the facility will be adequately mitigated due to prevailing winds, terrain, technology, or similar considerations, the setback requirement may be reduced; provided that under no circumstances may the distance be less than 500 feet.

(b) Waste disposal and processing standards.

(1) No waste disposal and processing facility may be located within 1,500 feet of any zoning lot in the country, residential, apartment, apartment mixed-use, or resort zoning districts. If it can be determined that potential impacts will be adequately mitigated due to prevailing winds, terrain, technology, or similar considerations, the 1,500-foot distance may be reduced; provided that the distance may not be less than 500 feet;

(2) Solid waste landfills and construction and demolition landfills may not be constructed, modified, or expanded unless a minimum 0.5-mile buffer zone is provided around the waste or disposal facility from the property line of any zoning lot used for residential, school, or hospital purposes;

(3) This subsection does not apply to the continued operation of an existing solid waste landfill or construction and demolition landfill that is properly permitted; provided that the continued operation does not require vertical or horizontal physical expansion of the facility requiring additional permit review and modification; and

(4) This subsection does not apply to any individual, State-certified, non-industrial redemption center.

(Added by Ord. 25-2)

§ 21-5.80-8 Accessory industrial.

Uses in the accessory industrial category that are required to comply with specific standards are set forth in this section. Development standards required in other articles of this chapter apply to all uses.

(a) Helistop standards.

(1) Structures for rotorcraft storage are prohibited.

(2) May include overnight parking of one rotorcraft.

(3) Except for emergency medical operations and search and rescue operations:

(A) Helistops may not exceed one operation per hour.

(B) Takeoff and landing operations are restricted to the hours between 8:00 a.m. and 5:00 p.m.

(Added by Ord. 25-2)

§ 21-5.90 Miscellaneous uses.

The following sections set forth the standards for uses in the miscellaneous use categories. Development standards required in other articles of this chapter apply to all uses.

(Added by Ord. 25-2)

§ 21-5.90-1 Historic structure reuse.

Uses that incentivize the owner of a historic structure to maintain the structure when the use is not otherwise permitted in the underlying zoning district.

(a) Any use is permitted in a structure listed on the Hawaii or National Register of Historic Places; provided that any proposed alteration, repair, or renovation beyond the structure s original design and the proposed use must be approved by the appropriate historic preservation entity, and may not result in the destruction or demolition of the structure.

(b) The director may deny any historic structure reuse request upon determining that the reuse may result in adverse impacts on the surrounding neighborhood for which reasonable mitigative measures are not possible or practicable.

(Added by Ord. 25-2)

§ 21-5.90-2 Joint development of two or more adjacent zoning lots.

(a) Whenever two or more adjacent zoning lots are developed jointly in accordance with this section, they will be considered and treated as one zoning lot; provided that whenever the zoning lots involve two or more zoning districts, the lots will be subject to § 21-4.50.

(b) An owner, owners, duly authorized agents of the owners, or duly authorized lessees holding leases with a minimum of 30 years remaining in their terms of adjacent zoning lots who believe that joint development of their properties would result in a more efficient use of land shall apply for a minor conditional use permit to undertake the joint development.

(c) When applying for a minor conditional use permit for joint development under this section, the applicants shall submit to the director a joint development agreement that binds themselves and their successors in title or lease, individually and collectively, to maintain the pattern of joint development proposed in such a way that there will be conformity with applicable zoning regulations. The development standards listed in § 21-2.90-2(c) may not be modified through a conditional use permit for joint development unless allowed through another discretionary approval. The right to enforce the agreement will also be granted to the city. The joint development agreement is subject to the approval of the corporation counsel of the city.

(d) If the director finds that the proposed agreement assures future protection of the public interest and meets the requirements for issuance of a conditional use permit, the director shall issue the conditional use permit. Upon issuance of the permit, the joint development agreement, which must be one of the conditions of the conditional use permit, must be recorded as a covenant running with the land with the State bureau of conveyances or the land court of the State of Hawaii, or both, as appropriate. Proof of such recording in the form of a copy of the covenant certified by the appropriate agency must be filed with the director prior to the issuance of any building permit.