(a)   The director shall prepare zoning maps for the city. These maps shall be numbered and titled as listed below and, on adoption by ordinance, they shall be cited and referred to as follows:

(b)   Whenever uncertainty exists about the boundary lines of a district, the following rules shall apply.

(1)   When a discrepancy exists between a district boundary shown on the adopted zoning map and that which is described in the text of an ordinance establishing the boundary, the text of the ordinance shall be the final authority.

(2)   Notwithstanding subsection (b)(1), district boundaries that appear to follow centerlines of streets, easements, railroad rights-of-way, waterways, and similar features shall be construed as following such centerlines.

(3)   Where district boundaries appear to follow street, lot, property, or other lines of similar nature, they shall be construed as following those lines; provided that in the event of closure of a street or alley by the city, where the district boundary is indicated as other than the centerline of such street or alley, it shall be construed as having been at the centerline.

(4)   Where district boundaries appear parallel or perpendicular to, or appear as extensions of centerlines, property lines or other features, they shall be so construed.

(5)   Where district boundaries do not appear to follow centerlines, street, lot, property, or other lines of similar nature or do not appear to be extensions of such lines or are not described within any ordinance, the location of these boundaries shall be determined by a measurement of distances shown on the adopted zoning map according to its scale.

(6)   Where the street layout on the ground varies from the street layout on the adopted zoning map, or other circumstances not covered by any of the above situations, the director shall determine the location of the boundary in question in accordance with the intent of the zoning ordinance.

(7)   Where district boundaries are along the ocean, the boundary shall be construed to follow the shoreline as confirmed by the State surveyor.

(c)   Lands unclassified by the adopted zoning map and for which none of the rules of interpretation are applicable shall be construed as being within the P-2 general preservation district until otherwise rezoned.

(d)   The director shall preserve the adopted zoning maps and shall maintain them in current form. The director shall see that the maps are updated as soon as practicable after the effective date of any ordinance adopting an amendment, and the ordinance number of each amendment shall be noted on the map. No person shall make any change to the adopted zoning map except by authorization of the director, in accordance with the procedures and requirements set forth in this chapter.

(e)   The director may adjust boundary lines of a district or precinct under the following conditions:

(1)   The change does not result in an increase or decrease in any zoning district affecting more than 5 percent or one acre of any zoning lot, whichever is less;

(2)   The resulting boundary adjustment is in conformance with the general plan and development plan; and

(3)   The resulting boundary adjustment does not confer more than a 5 percent net increase in development potential, as measured by the number of dwelling units or floor area, as permitted by the applicable zoning districts.

(f)   The director may adjust boundary lines of a district or precinct to coincide with a State land use commission boundary interpretation, when the interpretation results in an increase in the more restrictive State land use district. In determining the appropriate district or precinct, the director shall take into account surrounding zoning and the intent of the affected State land use district.

(a)   The purpose of the preservation districts is to preserve and manage major open space and recreation lands, and lands of scenic and other natural resource value.

(b)   It is intended that all lands within a State-designated conservation district be zoned P-1 restricted preservation district.

(c)   The purpose of creating the F-1 military and federal preservation district is to identify areas in military or federal government use, and to permit the full range of military or federal government activities.

(d)   Should lands be removed from either the State-designated conservation district or from federal jurisdiction, all uses, structures, and development standards shall be as specified for the P-2 general preservation district.

(e)   It is also the intent that lands designated urban by the State, but well-suited to the functions of providing visual relief and contrast to the city’s built environment, or serving as outdoor space for the public’s use and enjoyment, be zoned P-2 general preservation district. Areas unsuitable for other uses because of topographical considerations related to public health, safety, and welfare concerns shall also be placed in this district.

(a)   Within the P-1 restricted preservation district, all uses, structures, and development standards shall be governed by the appropriate State agencies.

(b)   Within an F-1 military and federal preservation district, all military and federal uses and structures shall be permitted.

(c)   Within the P-2 general preservation district, permitted uses and structures shall be as enumerated in Table 21-5.1.

(d)   Within the P-2 general preservation district, development standards shall be as enumerated in Table 21-3.1.

(e)   Additional development standards.

(1)   Height. The maximum height may be increased from 15 to 25 feet if height setbacks are provided.

(2)   Height setbacks. Any portion of a structure exceeding 15 feet shall be set back from every side and rear buildable area boundary line 1 foot for each 2 feet of additional height above 15 feet (see Figure 21-3.1).

(a)   The purpose of the agricultural zoning districts is to maintain a strong agricultural economic base, to prevent unnecessary conflicts among incompatible uses, to minimize the cost of providing public improvements and services, and to manage the rate and location of physical development consistent with the city’s adopted land use policies. To promote the viability and economic feasibility of an existing agricultural operation, accessory agricultural uses and secondary supporting uses may be permitted on the same site as an adjunct to agricultural uses. The accessory agricultural uses and secondary supporting uses must be compatible with the onsite agricultural operation and surrounding land uses, and the onsite agricultural operation must be in existence prior to the issuance of any land use permit or building permit for the accessory agricultural use or secondary supporting use.

(b)   The intent of the AG-1 restricted agricultural zoning district is to conserve and protect important agricultural lands for the performance of agricultural functions by permitting only those uses that perpetuate the retention of these lands in the production of food, feed, forage, fiber crops, and horticultural plants. Only accessory agricultural uses and secondary supporting uses that meet the above intent will be permitted in this zoning district.

(c)   The following guidelines shall be used to identify lands that may be considered for the AG-1 restricted agricultural district:

(1)   Lands that are within the State-designated agricultural district and designated agricultural by adopted city land use policies;

(2)   Lands that are predominantly classified as prime or unique under the agricultural lands of importance to the State system; and

(3)   Lands where a substantial number of parcels are more than 5 acres in size.

(d)   The intent of the AG-2 general agricultural district is to conserve and protect agricultural activities on smaller parcels of land.

(e)   The following guidelines shall be used to identify lands that may be considered for the AG-2 general agricultural district:

(1)   Lands that are in the state-designated agricultural or urban district and designated agricultural by adopted city land use policies;

(2)   Lands that are predominantly classified as other under the agricultural lands of importance to the State of Hawaii system; and

(3)   Lands that are used or are suitable for agricultural purposes and where a substantial number of parcels are less than 5 acres in size.

(a)   The minimum land area required for an AG-1 zoning district agricultural cluster is 15 contiguous acres. The minimum land area required for an AG-2 zoning district agricultural cluster is 6 contiguous acres.

(b)   The maximum number of farm dwellings in an AG-1 zoning district agricultural cluster may not exceed one unit per 5 acres. The maximum number of farm dwellings in an AG-2 zoning district agricultural cluster may not exceed one unit per 2 acres.

(c)   Within agricultural clusters, single-unit, two-unit, duplex-unit, and multi-unit dwellings are permitted. Multi-unit dwellings may not exceed four dwelling units in any structure.

(d)   Within an agricultural cluster, all principal, accessory, and conditional uses and structures permitted within the AG-1 restricted agricultural zoning district and AG-2 general agricultural zoning district are permitted, subject to the minimum standards and conditions specified in this chapter for these uses.

(e)   Within an agricultural cluster, each dwelling may be sited on a lot not to exceed 5,000 square feet. For structures with more than one dwelling unit, the maximum lot size is a multiple of 5,000 square feet per dwelling.

(f)   Height and yards are the same as permitted in AG-1 and AG-2 zoning districts.

(g)   Parking, loading, and sign requirements are as specified in the approval of the agricultural cluster plan.

(a)   The application shall be accompanied by:

(1)   Project name;

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

(3)   (A)   An analysis of agricultural use of the proposed cluster, based on projected sales prices and terms, marketability, soils analysis, availability of water, consideration of climate, rainfall, and other factors related to agricultural productivity, sufficient to demonstrate that agricultural use will constitute the primary activity undertaken on the land; and

(B)   The director shall refer the proposal for review and commentary of this analysis to the State department of agriculture or appropriate soil and water conservation district.

(4)   A site plan showing:

(A)   Metes and bounds of the site, prepared and certified by a registered engineer or surveyor, including any deed restrictions;

(B)   Total area of project, and if applicable, lot layout and approximate dimensions, lot number of each lot, area of each lot, proposed use of each lot, and total number of lots;

(C)   Locations, names, dimensions, approximate gradients, and radius of curves of existing and proposed streets within and adjacent to the project; approximate location and area dimensions of existing and proposed easements; existing and proposed drainage facilities; existing and proposed utilities, including sewers, water, electric, telephone, and refuse;

(D)   Location, size, spacing, setbacks, and dimensions of all existing and proposed structures and improvements, including the number and type of dwelling units;

(E)   The shoreline, shoreline setback lines, beach access, and stream and other setback lines, when applicable;

(F)   Location with notations, and the sizes of all parcels of land, including streets, improvements, facilities, and easements, proposed to be dedicated to the city, or whether the streets, improvements, facilities, and easements are to be private; and

(G)   Finished condition to be achieved by proposed grading shown by contours, cross-sections, spot elevations or other means, and estimated quantities of cut and fill. Elevations shall be marked on such contours based on city data.

(5)   Verification by the board of water supply of the availability of sufficient agricultural quality water to support agricultural use, whether the water is to be supplied by the board or another water supplier;

(6)   Draft covenants, leases, agreements of sale, mortgages and other instruments of conveyance requiring lot purchasers to maintain land in agricultural use in conformity with federal, State, and city laws and regulations, enforceable by the city and either by the applicant, lessee or owner, or an association composed of all lot owners, and indicating applicable laws and penalties for violation thereof. All subsequent sales of property, lease, and rental agreements shall include these restrictions;

(7)   Notice of all restrictions contained in laws and regulations to be provided to all prospective subdivision lot purchasers, in the sales agreement, deeds, covenants, and other instruments of conveyance;

(8)   Notice that building permit applications shall include an agricultural plan for farm dwellings, indicating how feasible agricultural use on the lots will be carried out within a period not to exceed five years, to be provided in the sales agreements, deeds, covenants, and other instruments of conveyance;

(9)   Other information and documentation as may be required by the director to review and ensure feasible agricultural use within the agricultural cluster in conformity with applicable federal, State, and city laws and regulations; and

(10)   Proposals for maintenance and conservation of all common elements.

(b)   All agricultural clusters shall be processed in accordance with § 21-2.110-1.

(c)   The director shall approve, modify, or deny the agricultural cluster application based on whether the application meets the intent of the agricultural district, the intent of agricultural clusters, and the applicant’s compliance with requirements of other government agencies.

(d)   The director shall approve final drawings before issuance of building permits in accordance with the approved agricultural cluster plan. Before approval of the agricultural cluster plan final drawings by the director, certified deed covenants or condominium property regime documents, or both, binding any lessees or buyers to the conditions of approval imposed by the director shall be submitted to the department.

(a)   Within the agricultural districts, permitted uses and structures shall be as enumerated in Table 21-5.1.

(b)   Within the agricultural districts, development standards shall be as enumerated in Table 21-3.1.

(c)   Additional development standards.

(1)   Height. The maximum height may be increased from 15 to 25 feet if height setbacks are provided.

(2)   Height setbacks. Any portion of a structure exceeding 15 feet must be set back from every front, side, and rear buildable area boundary line 1 foot for each 2 feet of additional height above 15 feet (see Figure 21-3.1).

(a)   The purpose of the country district is to recognize and provide for areas with limited potential for agricultural activities, but for that the open space or rural quality of agricultural lands is desired. The district is intended to provide for some agricultural uses, low density residential development, and some supporting services and uses.

(b)   It is the intent that basic public services and facilities be available to support the district, but that the full range of urban services at urban standards need not be provided. Typically, the country district would be applied to areas outside the primary and secondary urban centers, that are identified by city-adopted land use policies.

(c)   The following guidelines shall be used to identify lands that may be considered for this district:

(1)   Lands that are within the State-designated urban district and designated either agricultural or residential by adopted city land use policies;

(2)   Lands that are not predominately classified as prime, unique, or other under the agricultural lands of importance to the State system;

(3)   Lands where a substantial number of existing parcels are less than 2 acres in size; and

(4)   Lands where existing public facility capacities preclude more intense development.

(a)   The minimum land area required for a country cluster is 3 contiguous acres.

(b)   The maximum number of dwelling units in a country cluster may not exceed one per 1 acre.

(c)   Within country clusters, single-unit, two-unit, duplex-unit, and multi-unit dwellings are permitted. Multi- unit dwellings may not exceed four dwelling units in any structure.

(d)   Within a country cluster, all principal, accessory, and conditional uses and structures permitted within the country zoning district and all country zoning district development standards apply, except for those relating to yards and lot dimensions. Conditional uses will be subject to the standards in Article 4.

(e)   The minimum size of a lot of record for dwellings is 5,000 square feet. The following development standards apply to dwelling lots:

(1)   Front yards must be a minimum of 10 feet; and

(2)   Side and rear yards must be a minimum of 5 feet.

(f)   Parking, loading, and sign requirements must be specified in the approval of the country cluster plan.

(g)   All other underlying zoning district development standards apply.

(a)   The application shall be accompanied by:

(1)   A project name;

(2)   A location map showing the project in relation to the surrounding area, and the location of all major community facilities within a 0.5-mile radius of the project;

(3)   A prose description of the project, including objectives of the cluster, unique site conditions, and development schedule;

(4)   A site plan showing:

(A)   Metes and bounds of the site, prepared and certified by a registered engineer or surveyor, including any deed restrictions;

(B)   Total area of project, and if applicable, lot layout and approximate dimensions, lot number of each lot, area of each lot, proposed use of each lot, and total number of lots;

(C)   Locations, names, dimensions, approximate gradients, and radius of curves of existing and proposed streets within and adjacent to the project; approximate location and area dimensions of existing and proposed easements; existing and proposed drainage facilities; and existing and proposed utilities, including sewers, water, electric, telephone, and refuse;

(D)   Approximate location and general description of any historical or significant landmarks or other natural features, trees with a trunk diameter of 6 inches or more at 5 feet above ground, and an indication of the proposed retention or disposition of such features;

(E)   Location, size, spacing, setbacks, and dimensions of all existing and proposed structures and improvements, including the number and type of dwelling units;

(F)   The shoreline, shoreline setback lines, beach access, and stream and other setback lines, when applicable; and

(G)   Location with notations, and the sizes of all parcels of land, including streets, improvements, facilities, and easements proposed to be dedicated to the city; or whether the streets, improvements, facilities, and easements are to be private;

(5)   Other information and documentation as may be required by the director to review and ensure that the proposed project is in conformity with applicable federal, State, and city laws and regulations; and

(6)   Proposals for maintenance and conservation of all common elements.

(b)   Country clusters shall be processed in accordance with § 21-2.110-1.

(c)   The director shall approve, modify, or deny the country cluster application based on whether the application meets the intent of the country district, the intent of the country cluster provision, and the applicant’s compliance with requirements of other government agencies.

(d)   The director shall approve final drawings before issuance of building permits in accordance with the approved site plan. Before approval of the country cluster final drawings by the director, certified deed covenants or condominium property regime documents binding any lessees or buyers to the conditions of approval imposed by the director shall be submitted to the department.

(a)   Within the country district, permitted uses and structures shall be in accordance with Table 21-5.1.

(b)   Within the country district, development standards shall be in accordance with Table 21-3.1.

(c)   Additional development standards.

(1)   Height. The maximum height may be increased from 15 to 25 feet if height setbacks are provided.

(2)   Height setbacks. Any portion of a structure exceeding 15 feet shall be set back from every side and rear buildable area boundary line 1 foot for each 2 feet of additional height above 15 feet (see Figure 21-3.1).

(3)   Structures on lots with a slope of 15 percent or more shall be governed by a maximum building envelope running parallel to grade at 30 feet in height measured vertically; and that intersects vertical front, rear and side yard planes, each 20 feet in height set at the respective buildable area boundary line. These intersections shall each be made at an angle of 60 degrees measured from the top of the respective yard plane (see Figure 21-3.2).

(a)   The purpose of the residential zoning districts is to allow for a range of residential densities. The primary use is for dwellings. Other types of dwellings may also be allowed, including zero lot line and cluster arrangements. Non-dwelling uses that support and complement residential neighborhood activities are also permitted.

(b)   The intent of the R-20 and R-10 zoning districts is to provide areas for large lot developments. These areas would be located typically at the outskirts of urban development, and may be applied as a transitional district between preservation, agricultural, or country zoning districts, and urban zoning districts. They would also be applied to lands where residential use is desirable but some development constraints are present.

(c)   The intent of the R-7.5, R-5, and R-3.5 zoning districts is to provide areas for urban residential development. These districts would be applied extensively throughout the city.

(a)   Within the residential zoning districts, permitted uses and structures are as set forth in Table 21-5.1.

(b)   Within the residential zoning districts, development standards are as set forth in Table 21-3.2.

(1)   Maximum height. The maximum height of structures is determined by the building envelope created as the result of the intersection of two planes. The first plane is measured horizontally across the parcel at 25 feet above the high point of the buildable area boundary line. The second plane runs parallel to grade, as described in § 21-4.60(b), measured at a height of 30 feet. If the two planes do not intersect, then the building envelope is determined by the first plane (see Figure 21-3.10).

(A)   Any portion of a structure exceeding 15 feet must be set back from every side and rear buildable area boundary line 1 foot for each 2 feet of additional height over 15 feet (see Figure 21-3.10); and

(B)   Any portion of a structure exceeding 20 feet must be set back from the front buildable area boundary line 1 foot for every 2 feet of additional height over 20 feet.

(3)   Except for cluster housing and planned development housing developed pursuant to § 21-8.50, for zoning lots with dwelling units:

(A)   The maximum density is a floor area ratio of 0.7.

(B)   The number of wet bars in each dwelling unit may not exceed one.

(C)   The number of laundry rooms in each dwelling unit may not exceed one.

(D)   The number of bathrooms in each dwelling unit may not exceed the following:

(E)   The conversion or alteration of a wet bar, laundry room, or bathroom is prohibited unless the conversion or alteration is specifically allowed under a valid building permit.

(F)   The conversion of a portion of a structure that is excluded from the calculation of floor area pursuant to § 21-10.1 to a portion of the structure that is included in the calculation of floor area is prohibited unless the conversion is allowed under a valid building permit and complies with the applicable standards of this subdivision.

(G)   For dwelling units constructed pursuant to building permits applied for after May 1, 2019, the impervious surface area of a zoning lot may not exceed 75 percent of the total zoning lot area.

(H)   If the floor area ratio exceeds 0.6, the following additional standards apply:

(i)   Side and rear yards.

(aa)   In the R-3.5 zoning district, side and rear yards must be at least 8 feet; and

(bb)   In the R-5, R-7.5, R-10, and R-20 zoning districts, side and rear yards must be at least 11 feet.

(ii)   Each unit in the dwelling must be owner-occupied, and the occupant shall deliver to the department evidence of a real property tax home exemption for the subject property prior to issuance of a temporary certificate of occupancy.

(aa)   Upon the completion of construction and the determination by the department that the dwelling unit complies with all applicable codes and other laws, conforms to the plans and requirements of the applicable building permit, and is in a condition that is safe and suitable for occupancy, the department may issue a temporary certificate of occupancy that is effective for a period of two years after issuance;

(bb)   During the two-year period that a temporary certificate of occupancy is in effect, the department may, with reasonable notice to the holder of the building permit, conduct periodic inspections of the dwelling unit to confirm that it is in the same structural form as when the temporary certificate of occupancy was issued; and

(cc)   At the end of the two-year period that a temporary certificate of occupancy is in effect, the department may, upon final inspection, issue a certificate of occupancy for the dwelling unit and close the building permit.

(a)   The purpose of the apartment zoning districts is to allow for a range of apartment densities and a variety of living environments. The predominant uses include multi-unit dwellings, such as common wall housing, walkup apartments, and high-rise apartments. Uses and activities that complement apartment use are permitted, including limited social services.

(b)   The intent of the A-1 low density apartment zoning district is to provide areas for low density, multi-unit dwellings. It may be applied as a buffer between residential zoning districts and other more intense, noncompatible districts, and would be applicable throughout the city.

(c)   The intent of the A-2 medium density apartment zoning district is to provide areas for medium density, multi-unit dwellings. It is intended primarily for concentrated urban areas where public services are centrally located and infrastructure capacities are adequate.

(d)   The intent of the A-3 high density apartment zoning district is to provide areas for high density, high-rise, multi-unit dwellings. It is intended for central urban core areas where public services and large infrastructure capacities are present.

(Within the apartment districts, permitted uses and structures are as set forth in Table 21-5.1.

(b)   Within the apartment districts, development standards are as set forth in Table 21-3.3.

(1)   Except for necessary access drives and walkways, all yards must be landscaped.

(A)   For each 10 feet of additional height or portion thereof, an additional 1-foot setback must be provided; and

(B)   The additional setback pursuant to paragraph (A) must be a continuous plane from the top of the structure to the height of 40 feet above grade (see Figure 21-3.3).

(a)   Within the apartment mixed-use districts, all uses and structures are as set forth in Table 21-5.1.

(b)   Within the apartment mixed-use districts, development standards are as set forth in Table 21-3.3.

(1)    Except for necessary access drives and walkways, all yards must be landscaped.

(A)   For each 10 feet of additional height or portion thereof, an additional 1-foot setback must be provided; and

(B)   The additional setback must be a continuous plane from the top of the structure to the height of 40 feet above grade (see Figure 21-3.3).

(B)   Where commercial uses are integrated with dwelling uses, pedestrian access to the dwellings must be physically, mechanically, or technologically independent from other uses and must be designed to enhance privacy for residents and their guests. No floor above the ground floor may be used for both dwelling and commercial purposes.

(a)   Within the resort district, permitted uses and structures shall be as enumerated in Table 21-5.1.

(b)   Within the resort district, development standards shall be as enumerated in Table 21-3.4.

(c)   Additional development standards.

(1)   Except for necessary access drives and walkways, all front yards shall be landscaped. Within 10 feet of the property line, side and rear yards shall be maintained in landscaping, except for necessary access drives and walkways.

(2)   Optional yard siting. Parking lots and garages may extend to side and rear property lines; provided that the following requirements are met:

(A)   An area or areas of open space equivalent to the area to be used for parking or accessory use structures are provided elsewhere on the zoning lot. This open space shall be maintained in landscaping, except for drives or walkways necessary for access to adjacent streets. Parking may overhang the open space up to 3 feet if wheel stops are installed. A minimum of 50 percent of the open space shall be contiguous to the street frontage abutting the zoning lot;

(B)   Any parking floor in the 10 feet adjacent to the property line shall not be more than 4 feet above existing grade; and

(C)   Landscaping required under § 21-4.70 is provided and maintained.

(3)   Height setbacks. For any portion of a structure over 30 feet in height, additional side and rear setbacks shall be provided; for each 10 feet of additional height or portion thereof, an additional 1-foot setback shall be provided. The additional setback shall be a continuous plane from the top of the structure to the height of 30 feet above grade (see Figure 21-3.4).

(a)   The purpose of the business districts is to set aside areas for commercial and business activities to meet and support the economic growth of the city. The districts provide for the buying and selling of goods and services, the transportation and distribution of commodities, and other complementary economic activities. Other uses that are supportive of or compatible with business activities are also permitted. These districts help to ensure a favorable business climate and support the economic and social well-being of city residents.

(b)   The intent of the B-1 neighborhood business district is to provide relatively small areas that serve the daily retail and other business needs of the surrounding population. It is intended that this district be generally applied to areas within or adjacent to urban residential areas, along local and collector streets, but not along major travel routes or on a large scale basis. It would also be applied to rural and urban fringe town centers that may or may not be located along major travel routes.

(c)   The intent of the B-2 community business district is to provide areas for community-wide business establishments, serving several neighborhoods, and offering a wider range of uses than is permitted in the B-1 district. The intent is to apply this district to areas conveniently accessible by vehicular and pedestrian modes and served by adequate public facilities. Typically, this district would be applied to lots along major streets and in centrally located areas in urban and urban fringe areas.

(a)   Within the business districts, permitted uses and structures shall be as enumerated in Table 21-5.1.

(b)   Within the business districts, development standards shall be as enumerated in Table 21-3.4.

(c)   Additional development standards.

(1)   Except for necessary access drives and walkways, all yards must be landscaped.

(2)   B-1 District transitional height setback. Where a zoning lot adjoins a zoning lot in a residential district, the residential district height setbacks will be applicable at the buildable area boundary line of the adjoining side of the B-1 zoning lot (see Figure 21-3.5).

(3)   B-2 District height setbacks. Within the B-2 district, any portion of a structure over 40 feet in height must have additional height setbacks as follows:

(A)   For each 10 feet of additional height or portion thereof, an additional 1-foot setback must be provided; and

(B)   The additional setback must be a continuous plane from the top of the structure to the height of 40 feet above grade (see Figure 21-3.3).

(4)   B-2 District transitional height setback.

(A)   Where a zoning lot adjoins a zoning lot in a residential, A-1 or AMX-1 district, the residential district height setback will be applicable at the buildable area boundary line of the adjoining side of the B-2 zoning lot (see Figure 21-3.5).

(B)   Where a zoning lot adjoins a zoning lot in an A-2, A-3, AMX-2, AMX-3, or resort district, no portion of a structure may exceed 40 feet in height along the buildable area boundary line on the adjoining side of the B-2 zoning lot, provided that additional height will be permitted if the additional height is set back 1 foot from the buildable area boundary line for each 10 feet in height or fraction thereof. This setback must be a continuous plane from the top of the structure to the beginning of the additional height (see Figure 21-3.5).

(5)   Open space bonus. Within the B-2 district:

(A)   For each square foot of public open space provided, 5 square feet of floor area may be added, exclusive of required yards;

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

(C)   Maximum density with open space bonuses cannot exceed the FAR as provided under Table 21-3.4.

(a)   The purpose of the business mixed-use districts is to recognize that certain areas of the city have historically been mixtures of commercial and residential uses, occurring vertically and horizontally, and to encourage the continuance and strengthening of this pattern. It is the intent to provide residences in very close proximity to employment and retail opportunities, provide innovative and stimulating living environments, and reduce overall neighborhood energy consumption.

(b)   The intent of the BMX-3 community business mixed-use districts is to provide areas for both commercial and residential uses outside of the central business mixed-use district, and at a lower intensity than the central business mixed-use district. Typically, this district would be applied to areas along major thoroughfares adjacent to B-2, BMX-4, A-3, AMX-2, and AMX-3 zoning districts. It is also intended that it be applied to areas where the existing land use pattern is already a mixture of commercial and residential uses, occurring horizontally or vertically, or both.

(c)   The intent of the BMX-4 central business mixed-use district is to set apart that portion of Honolulu that forms the city’s center for financial, office and governmental activities, and housing. It is intended for the downtown area and not intended for general application. It provides the highest land use intensity for commerce, business, and housing.

(a)   Any development that is proposed to exceed a height limit of 350 feet shall comply with the following.

(1)   Minimum project size. The minimum project size shall be 35,000 square feet.

(2)   Site plan. The request for additional height shall include a proposed site plan, that shall include the location and height of building towers, and shall take into consideration adjacent uses and structures. Specifically, the following principles shall be reflected in the site plan, and the applicant shall demonstrate how these principles are being met:

(A)   Building towers shall not significantly obstruct or intrude on adopted public views;

(B)   Proposed open spaces shall complement and relate to adjacent open spaces;

(C)   Ground level parking lots and structures should not front streets. Where this is not possible, canopy and vertical form trees, hedges, and other landscaping elements shall be provided to visually screen them; and

(D)   The additional tower height shall not unreasonably block the provision of light and air to other buildings and public open spaces, nor obliterate direct exposure to the sun in any given 24-hour period.

(3)   Public open space. A minimum of 35 percent of the lot area shall be devoted to public open space in accordance with Table 21-3.4.

(4)   Public views. The additional tower height shall not significantly intrude on any adopted public views, including the view of the central business district from the Punchbowl lookouts.

(5)   Pedestrian orientation. Project design at the ground level shall reflect a strong pedestrian orientation, especially fronting streets. Contributing elements include but are not limited to:

(A)   Arcades, with at least one-half of the arcade perimeter open or devoted to entrances and show windows;

(B)   Public open spaces, with provisions for shade, seating areas, landscaping, water features, and outdoor sculptures;

(C)   Outdoor dining areas;

(D)   Interesting paving design and finishes; and

(E)   Building materials, finishes, and details that are human-scaled, nonglaring, and not harsh.

(6)   Wind analysis. The request for additional height shall include a wind study of the effects of towers over 350 feet, particularly anticipated impacts at the ground level. Where adverse impacts are anticipated, mitigative measures shall be included in the proposal.

(7)   Historic resources. Any development that includes sites or structures on or eligible for inclusion on the national or State register of historic places, or on the Oahu register of historic places shall be evaluated as to the feasibility and appropriateness of retaining the site or structure. For every square foot of building area of a site or structure on or eligible for inclusion on the national or State register of historic places, or on the Oahu register of historic places, 10 square feet of additional floor area may be permitted above 350 feet of building height. This bonus shall be available even if the minimum open space requirements for subdivision (3) are not met.

(8)   FAA clearance. The request for additional height must include a statement from the Federal Aviation Administration that the proposed building heights will not interfere with the operation of the Daniel K. Inouye International Airport.

(9)   Maximum density. The maximum density as set forth in Table 21-3.4 shall not be exceeded.

(10)   For purposes of this section, an “adopted public view” is a view that has been recognized as significant or otherwise worthy of protection by an adopted ordinance, including Article 9.

(b)   Applications to exceed a height limit of 350 feet shall be processed pursuant to the requirements for major permits (special district), as set forth in § 21-2.40-2.

(a)   Within the business mixed-use districts, permitted uses and structures shall be as enumerated in Table 21-5.1.

(b)   Within the business mixed-use districts, development standards shall be as enumerated in Table 21-3.4.

(c)   Additional development standards.

(1)    Except for necessary access drives and walkways, all yards must be landscaped.

(2)    BMX-3 district height setbacks. Within the BMX-3 district, any portion of a structure over 40 feet in height must have additional height setbacks as follows:

(A)   For each 10 feet of additional height or portion thereof, an additional 1-foot setback must be provided; and

(B)   The additional setback must be a continuous plane from the top of the structure to the height of 40 feet above grade (see Figure 21-3.3).

(3)   BMX-3 district transitional height setbacks.

(A)   Where a zoning lot adjoins a zoning lot in a residential, A-1 or AMX-1 district, the residential district height setback will be applicable at the buildable area boundary line of the adjoining side of the BMX-3 zoning lot (see Figure 21-3.5).

(B)   Where a zoning lot adjoins a zoning lot in an A-2, A-3, AMX-2, AMX-3, or resort district, no portion of a structure may exceed 40 feet in height along the buildable area boundary line on the adjoining side of the BMX-3 zoning lot; provided that additional height will be permitted if the additional height is set back 1 foot from the buildable area boundary line for each 10 feet in height or fraction thereof. This setback must be a continuous plane from the top of the structure to the beginning of the additional height (see Figure 21-3.5).

(4)   BMX-4 district transitional height setback. Where a zoning lot adjoins a zoning lot in a residential, apartment, apartment mixed use or resort district, the height setback of the adjoining district will be applicable at the buildable area boundary line of the adjoining side of the BMX-4 lot (see Figure 21-3.5 ).

(5)   BMX-4 district height setback. For a minimum of 50 percent of any contiguous street frontage, no portion of a structure located on a lot adjacent to a street may exceed a height that is intersected by a plane over the buildable area that makes an angle of 65 degrees with the horizontal at ground elevation at the center line of the street (see Figure 21-3.9).

(6)   Street trees. If a street tree plan exists for the street that fronts the project, the applicant shall install a street tree or trees, as required by the director.

(7)   BMX-3 district open space bonus.

(A)   For each square foot of public open space provided, 5 square feet of floor area may be added, exclusive of required yards;

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

(C)   Maximum density with open space bonuses cannot exceed the FAR as provided under Table 21-3.4.

(8)   BMX-4 district open space bonus.

(A)   For each square foot of public open space provided, 10 square feet of floor area may be added. If provided, front yards may be included as public open space;

(B)   For each square foot of arcade area provided, 5 square feet of floor area may be added;

(C)   Maximum density with open space bonuses cannot exceed the FAR as provided under Table 21-3.4; and

(D)   For developments that exceed a height of 350 feet, for each square foot of public open space provided, 10 square feet of floor area may be added below 350 feet of building height, or 7 square feet of floor area may be added above 350 feet of building height. If provided, front yards may be included as public open space.

(9)   BMX-4 district heights above 350 feet. For developments that exceed a height of 350 feet, but are permitted higher heights on the zoning maps, refer to § 21-3.120-1 .

(10)   Historic resources bonus. For developments in the BMX-4 district that exceed a height of 350 feet, refer to § 21-3.120-1 for provisions relating to additional floor area permitted for preservation of historic resources.

(a)   The purpose of the industrial zoning districts is to recognize the importance of industrial uses to the welfare of city residents by providing areas for industrial uses without undue competition from other uses, and ensuring compatibility with nonindustrial areas. Typical uses include manufacturing, refining, sorting, processing, and storage of materials and products. Limited business activities that directly support the industrial uses or those employed by industries therein are permitted in these zoning districts.

(b)   Heavy industrial uses such as heavy general manufacturing and processing, and explosive or toxic chemical manufacturing, storage, and distribution will only be allowed under certain conditions and in areas well away from other zoning districts.

(c)   To minimize potential adverse impacts on property and persons in the same or neighboring districts, standards are established for the more noxious uses permitted in these zoning districts.

(d)   The intent of the I-1 limited industrial zoning district is to provide areas for some of the industrial employment and service needs of rural and suburban communities. It is intended to accommodate light industrial uses including light general manufacturing and processing, linen supplier, and publishing facility. Uses in this district are limited to those that have few environmental impacts and complement the development scale of communities they would serve.

(e)   The intent of the I-2 intensive industrial zoning district is to set aside areas for the full range of industrial uses necessary to support the city. It is intended for areas with necessary supporting public infrastructure, near to major transportation systems, and with other locational characteristics necessary to support industrial centers. It must be located in areas away from residential communities where certain heavy industrial uses would be allowed.

(f)   The intent of the I-3 waterfront industrial zoning district is to set apart and protect areas considered vital to the performance of port functions and their efficient operation. It is the intent to permit a full range of facilities necessary for successful and efficient performance of port functions. It is intended to exclude uses that are inappropriate and could locate elsewhere.

(a)   Within the industrial districts, permitted uses and structures shall be as enumerated in Table 21-5.1.

(b)   Within the industrial districts, development standards shall be as enumerated in Table 21-3.5.

(c)   Additional development standards.

(1)   Transitional height setbacks. Where a zoning lot adjoins a zoning lot in a residential, apartment, apartment mixed-use, or resort district, the residential, apartment, apartment mixed-use, or resort district height setbacks shall be applicable at the buildable area boundary line on the side of the industrial zoning lot (see Figure 21-3.5).

(2)   Street setbacks. In the I-2 and I-3 districts, on zoning lots adjacent to a street, no portion of a structure shall exceed a height equal to twice the distance from the structure to the vertical projection of the centerline of the street (see Figure 21-3.7).

(a)   The purpose of the industrial-commercial mixed-use district is to allow mixing of some industrial uses with other uses. The intent of this district is to provide for areas of diversified businesses and employment opportunities by permitting a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy environments. To a limited extent, some residential uses shall be permitted.

(b)   This district is intended to promote and maintain a viable mix of light industrial and commercial uses.

(a)   Within the industrial-commercial mixed-use district, permitted uses and structures shall be as enumerated in Table 21-5.1.

(b)   Within the industrial-commercial mixed-use district, development standards shall be as enumerated in Table 21-3.5.

(c)   Additional development standards.

(1)   Density. For purposes of this subdivision, uses marked by a superscript 2 in Table 21-5.1 will be considered “commercial uses.” The maximum FAR for a zoning lot is as follows:

(2)   Transitional height setbacks.

(A)   Where a zoning lot adjoins a zoning lot in a residential, A-1 or AMX-1 district, the residential district height setback will be applicable at the buildable area boundary line of the adjoining side of the IMX-1 zoning lot (see Figure 21-3.5).

(B)   Where a zoning lot adjoins a zoning lot in an A-2, A-3, AMX-2, AMX-3, or resort district, no portion of a structure may exceed 40 feet in height along the buildable area boundary line on the adjoining side of the IMX-1 zoning lot; provided that additional height will be permitted if the additional height is set back 1 foot from the buildable area boundary line for each 10 feet in height or fraction thereof. This setback must be a continuous plane from the top of the structure to the beginning of the additional height (see Figure 21-3.5).

(3)   Height setbacks. Any portion of a structure over 40 feet in height must have additional height setbacks as follows:

(A)   For each 10 feet of additional height or portion thereof, an additional one-foot setback must be provided; and

(B)   The additional setback must be a continuous plane from the top of the structure to the height of 40 feet above grade (see Figure 21-3.3).