(a)   It is the purpose of this article to establish reasonable standards relating to land development that are generally applicable to any use or site, irrespective of the zoning district in which it is located.

(b)   It is the intent that where these regulations conflict with Article 8, “Optional development regulations,” or Article 9, “Special district regulations,” the optional development or special district regulations shall take precedence.

(a)   Flag lots are permitted when a parcel lacks sufficient street frontage for more than one lot or parcel. This parcel may be subdivided to create a flag lot; provided that the access drive for the flag lot shall be the sole access for only one lot and shall have a minimum width of 12 feet. The director may allow dual access of an access drive after consultation with the director of transportation services (see Figure 21-4.1).

(b)   The lot area excluding the access drive used for ingress and egress shall be not less than 80 percent of the minimum lot area required for the zoning district. The total lot area shall meet the minimum lot area standard for the zoning district.

(c)   The lot width and lot depth of the flag lot shall be not less than the required minimum lot width and depth of the underlying zoning district, with the lesser dimension qualifying as lot width. Dimensions shall be measured as average horizontal distances between property lines, with the lot width being measured at right angles to lot depth.

(d)   The location of the access drive shall be subject to the approval of the director.

(e)   The finished grade of any portion of the access drive shall not exceed 19 percent, with provisions for horizontal and vertical curves for adequate vehicular access. The director may allow a steeper grade when necessary because of topography, subdivision lot arrangement, and design. In granting a steeper grade, the director shall consult with the fire department for their consideration and recommendation, and the director may impose conditions including but not limited to installation of fencing, walls, and safety barriers.

(f)   The minimum yards for a flag lot shall be the minimum side yard required of a zoning lot in the applicable zoning district.

(a)   No business, merchandising displays, uses, structures, or umbrellas, shall be located or carried on within any required yard or street setback except for the following:

(1)   Public utility poles;

(2)   Customary yard accessories, such as clotheslines and their supports; unroofed trash enclosures not to exceed 6 feet in height; and bollards;

(3)   Structures for newspaper sales and distribution;

(4)   Fences and retaining walls as provided in subsection (c) and § 21-4.40;

(5)   Hawaiian Electric Company transformers, backflow preventers, and other similar public utility equipment;

(6)   Signs, other than ground signs, or as restricted by special district provisions;

(7)   Bicycle parking, including a fixed bicycle rack for parking and locking bicycles;

(8)   The following equipment, not to exceed 4 feet in height, may extend a maximum of 30 inches into the side or rear yard setbacks only:

(A)   Freestanding air conditioning equipment meeting the following standards:

(i)   The unit shall not exceed allowable decibel levels established pursuant to law; and

(ii)   The minimum Seasonal Energy Efficiency Ratio (SEER) shall be:

(aa)   Twelve for units of 3 tons or less; and

(bb)   Sixteen for units exceeding 3 tons and not exceeding 5 tons;

(B)   Other minor mechanical and electrical apparatus; and

(9)   Other structures not more than 30 inches in height.

(b)   Roof overhangs, eaves, sunshades, sills, frames, beam ends, projecting courses, planters and other architectural embellishments or appendages, and minor mechanical and electrical apparatus with no more than a 30-inch vertical thickness may project into required yards and height setbacks as follows:

(c)   Other than retaining walls, walls and fences up to a height of 6 feet may project into or enclose any part of a required yard; provided that:

(1)   They shall be prohibited in front yards in business, business mixed-use, industrial, and industrial- commercial mixed-use districts;

(2)   Walls and fences constructed by public utilities may be up to 8 feet in height, and may be topped with security wire to a total height of 9 feet;

(3)   Special district regulations under Article 9 may provide for other restrictions; and

(4)   Fences located on land dedicated for agricultural use pursuant to § 8-7.3 may be up to 10 feet in height.

(a)   Retaining walls containing a fill within required yards shall not exceed a height of 6 feet, measured from existing or finished grade, whichever is lower, to the top of the wall along the exposed face of the wall. Heights of terraced walls or combinations of retaining walls shall be measured combining all walls located in the required yard (see Figures 21-4.2(A) and (B)).

(b)   A retaining wall that protects a cut below the existing grade may be constructed within a required yard, up to the height of the cut. There shall be no height limit for retaining walls that protect a cut; provided that a retaining wall that protects a cut and contains fill shall not exceed a total of 6 feet in height measured from the intersection of the wall and the existing or finished grade, whichever is lower, to the top of the wall along the exposed face of the wall.

(c)   A safety railing may be erected on top of any retaining wall within a required yard. If the safety railing is generally constructed of a different material than the retaining wall, and is open at intervals so as not to be capable of retaining earth, it shall not exceed a height of 6 feet above the retaining wall.

(d)   Safety railing or fences constructed of the same materials as the retaining wall shall not exceed a total combined height of 6 feet measured from the finished grade along the exposed face of the wall. Additional fence height of different material not capable of retaining material may be erected, not to exceed a height of 6 feet measured from the finished grade of the retained material (see Figure 21-4.2(B)).

(a)   For a use common to the districts or precincts, district or precinct boundary lines may be ignored for the purpose of yard, height setback, and height requirements;

(b)   For uses not common to the districts or precincts, yard, height setback, and height regulations of each individual district or precinct will be applicable from the lot lines on the portions of the lot lying within that district or precinct;

(c)   Where a lot lies in two zoning districts and a permitted use is common to both districts, but the floor area ratios differ, the floor area ratios will be calculated by the following formula, where:

(d)   Where a lot lies in two zoning districts and a permitted use is common to both districts, but the maximum building area differs, the maximum building area will be calculated by the following formula, where:

(a)   All structures must fall within a building height envelope at a height specified by this chapter, or as specified on the zoning maps. Exceptions are specified under subsection (c), and other exceptions may be specified under special districts.

(b)   The building height envelope must run parallel to existing or finish grade, whichever is lower (see Figure 21-4.3), except where the finish grade is higher than existing grade in order to meet city construction standards for driveways, roadways, drainage, sewerage, and other infrastructure requirements, or to meet conditions of permits approved under this chapter. In these cases, height will be measured from finish grade.

(c)   The following structures and associated screening are exempt from zoning district height limits under the following specified restrictions:

(1)   Vent pipes, fans, roof access stairwells, and structures housing rooftop machinery, such as elevators and air conditioning, not to exceed 18 feet above the governing height limit; provided that structures housing rooftop machinery on single-unit, two-unit, and duplex-unit dwellings are not exempt from zoning district height limits;

(2)   Chimneys, that may also project into required height setbacks;

(3)   Safety railings not to exceed 42 inches above the governing height limit;

(4)   Utility poles and antennas. The council finds and declares that there is a significant public interest served in protecting and preserving the aesthetic beauty of the city. Further, the council finds that the indiscriminate and uncontrolled installation, location, and height of antennas are detrimental to the city’s appearance and image; may result in significant damage to the community’s sense of well-being, particularly in residential areas; and may have negative economic impacts to the city’s tourism industry, which relies heavily on the city’s physical appearance. However, the council also finds that there is a need for additional height for certain types of utility poles and antennas, and that there is a clear public interest served by ensuring that those transmissions and receptions providing the public with power and telecommunication services are unobstructed. Therefore, in accord with the health, safety, and aesthetic objectives set forth in § 21-1.20, and considering the public interest needs associated with certain types of power and telecommunication services:

(A)   Utility poles and broadcasting antennas must not exceed 500 feet from existing grade.

(B)   Communication towers and communication support structures may not exceed 10 feet above the governing height limit; provided that in residential zoning districts where utility lines are predominantly located underground, the governing height limit will apply; and

(C)   Accessory receive only antennas may not exceed the governing height limit, except as provided under § 21-2.140-1(i).

(5)   Spires, flagpoles, and smokestacks, not to exceed 350 feet from existing grade;

(6)   One antenna for an amateur radio station operation per zoning lot, not to exceed 90 feet above existing grade;

(7)   Wind energy generation facilities, where permitted; provided that each wind energy generation facility must be set back from all property lines pursuant to the standards in Article 5;

(8)   Any energy-savings equipment, including heat pumps and solar panels, not to exceed 5 feet above the governing height limit; provided that solar panels on buildings other than single-unit, two-unit, or duplex-unit dwellings may not exceed 12 feet above the governing height limit. The area underneath rooftop solar panels installed pursuant to this subdivision may not be enclosed and will not be counted as floor area;

(9)   Construction and improvements in certain flood hazard districts, as set forth in § 21-9.10; and

(10)   Agricultural structures in agricultural zoning districts, as set forth in Article 3, Table 21-3.1.

(d)   The following structures and associated screening may be placed on top of an existing building that is nonconforming with respect to height, under the following specified restrictions:

(1)   Any energy-savings equipment, including heat pumps and solar panels, not to exceed 5 feet above the height of the rooftop; provided that solar panels on buildings other than single-unit, two-unit, or duplex-unit dwellings may not exceed 12 feet above the height of the rooftop. The area underneath rooftop solar panels installed pursuant to this subdivision may not be enclosed and will not be counted as floor area; and

(2)   Safety railings not to exceed 42 inches above the height of the rooftop.

(a)   Parking lots and structures must be landscaped as required in Article 6.

(b)   All outdoor trash storage areas, except those for single-unit, two-unit, or duplex-unit dwelling use, must be screened on a minimum of three sides by a wall or hedge at least 6 feet in height. The wall must be painted, surfaced, or otherwise treated to blend with the development it serves. All trash storage areas must be curbed or graded to prevent runoff from reaching storm drains or surface water.

(c)   Within the country, residential, apartment, apartment mixed-use, and resort zoning districts, utility substations, other than individual transformers, must be enclosed by a solid wall or a fence with a screening hedge a minimum of 5 feet in height, except for necessary openings for access. Transformer vaults for underground utilities and similar uses must be enclosed by a landscape hedge, except for access openings.

(d)   All plant material and landscaping must be provided with a permanent irrigation system.

(e)   All rooftop machinery and equipment, except for solar panels, antennas, plumbing vent pipes, ventilators, and guardrails, must be screened from view from all directions, including from above; provided that screening from above is not required for any machinery or equipment whose function would be impaired by the screening. Rooftop machinery and equipment in the industrial zoning districts, and on structures or portions of structures less than 150 feet in height will be exempt from this subsection.

(a)   Any use located in the I-1, I-2, or I-3 zoning districts must be screened from any adjacent zoning lot in a residential, apartment, apartment mixed-use, or resort zoning district, by a solid wall 6 feet in height erected and maintained along side and rear property lines. The walls must not project beyond the rear line of an adjacent front yard in the residential, apartment, apartment mixed-use, or resort zoning districts. In addition, a 5-foot-wide landscaping strip must be provided along the outside of the solid wall.

(b)   Any use located in the IMX-1 zoning district must be screened from any adjacent zoning lot in a residential, apartment, apartment mixed-use, or resort zoning district, by a landscaped area a minimum of 5 feet in width along side and rear property lines. The landscaped area must contain a screening hedge a minimum of 42 inches in height. The requirements of this subsection do not apply to necessary drives and walkways, nor to any meeting facility, child daycare, adult daycare, large group living, or other use governed by subsection (d).

(c)   Any use located in the B-1, B-2, or BMX-4 zoning districts, and any use located in the BMX-3 zoning district except for single-unit, duplex-unit, two-unit, and multi-unit dwellings, must be screened from any adjacent zoning lot in a residential, apartment, or apartment mixed-use zoning district, by a landscaped area a minimum of 5 feet in width along side and rear property lines. The landscaped area must contain a screening hedge a minimum of 42 inches in height. The requirements of this subsection do not apply to necessary drives and walkways, nor to any meeting facility, child daycare, adult daycare, large group living, or other use governed by subsection (d).

(d)   Any meeting facility, child daycare, adult daycare, large group living, parking facility, commercial use, industrial use, or similar use, located in any zoning district other than those already addressed under subsections (a), (b), and (c), must be screened from any adjacent zoning lot in a country, residential, apartment, apartment mixed-use, or resort zoning district by:

(1)   A solid wall or fence, excepting chain link, 6 feet in height; or

(2)   An equivalent landscape buffer such as a 6-foot-high screening hedge.

(e)   This section does not preclude a public utility from constructing a wall or fence exceeding 6 feet in height pursuant to § 21-4.30(c)(2).

(1990 Code, Ch. 21, Art. 4, § 21-4.70-1) (Added by Ord. 99-12; Am. Ords. 03-37, 25-2)

(1)   A nonconforming lot may not be reduced in area, width, or depth, except by government action to further the public health, safety, or welfare.

(2)   Any conforming structure or use may be constructed, enlarged, extended, or moved on a nonconforming lot so long as all other requirements of this chapter are met.

(1)   If that portion of a structure that is nonconforming is destroyed by any means to an extent of more than 90 percent of its replacement cost at the time of destruction, it may not be reconstructed except in conformity with this chapter. All reconstruction and restoration work must comply with building code and flood hazard regulations, and commence within two years after the date of destruction.

(A)   Notwithstanding the foregoing provision, a nonconforming structure devoted to a conforming use that consists of a multi-unit dwelling owned by owners under the authority of the State of Hawaii Condominium Property Act or HRS Chapter 421H, or dwelling units owned by a “cooperative housing corporation” as defined in HRS § 421I-1, whether or not the structure is located in a special district, and that is destroyed by any means, may be fully reconstructed and restored to its former permitted condition; provided that such restoration is permitted by the current building code and flood hazard regulations, and is started within two years after the date of destruction.

(B)   A nonconforming structure that is required by law to be razed by the owner thereof may not thereafter be reconstructed and restored except in full conformity with this chapter.

(2)   If a nonconforming structure is moved, it must conform to this chapter.

(3)   Any nonconforming structure may be repaired, expanded, or altered in any manner that does not increase its nonconformity.

(4)   Improvements on private property that become nonconforming through the exercise of the government’s power of eminent domain may obtain waivers from this subsection, as provided by § 21-2.130.

(5)   Nonconforming commercial use density will be regulated under this subsection. For the purposes of this section, “nonconforming commercial use density” means a structure that is nonconforming by virtue of the previously lawful mixture of commercial uses on a zoning lot affected by commercial use density requirements in excess of:

(A)   The maximum FAR permitted for commercial uses; or

(B)   The maximum percentage of total floor area permitted for commercial uses.

(1)   A nonconforming use may not extend to any part of a structure or lot that was not arranged or designed for such use at the time of adoption of this chapter or subsequent amendment; nor may the nonconforming use be expanded in any manner, or the hours of operation increased; provided that a recreational use that is accessory to the nonconforming use may be expanded or extended if the following conditions are met:

(A)   The recreational accessory use will be expanded or extended to a structure in which a permitted use also is being conducted, whether that structure is on the same lot or on an adjacent lot; and

(B)   The recreational accessory use is accessory to both the permitted use and the nonconforming use.

(2)   Any nonconforming use that is discontinued for any reason for 12 consecutive months, or for 18 months during any three-year period, may not be resumed; provided that a temporary cessation of the nonconforming use for purposes of ordinary repairs for a period not exceeding 120 days during any 12-month period will not be considered a discontinuation.

(3)   Work may be done on any structure devoted in whole or in part to a nonconforming use; provided that work on the nonconforming use portion will be limited to ordinary repairs. For the purposes of this subsection, the term “ordinary repairs” is only construed to include the following:

(A)   The repair or replacement of existing walls, floors, roofs, fixtures, wiring, or plumbing;

(B)   Work required to comply with city, State, or federal mandates, including but not limited to the Americans with Disabilities Act (ADA) or the National Environmental Policy Act (NEPA); or

(C)   Interior and exterior alterations; provided that there is no physical expansion or intensification of the nonconforming use;

(4)   Any nonconforming use may be changed to another nonconforming use subject to the prior approval of the director; provided that:

(A)   The change in use is only permitted if any adverse effects on neighboring occupants and properties will not be greater than if the original nonconforming use were to be continued; and

(B)   The director may impose conditions on the change in nonconforming use necessary or appropriate to minimize impact or prevent greater adverse effects related to a proposed change in use. Other than for ordinary repairs as provided under subdivision (3), improvements intended to accommodate a change in nonconforming use or tenant are not permitted.

(5)   Any action taken by an owner, lessee, or authorized operator that reduces the negative effects associated with the operation of a nonconforming use, including but not limited to reducing hours of operation or exterior lighting intensity, will not be reversed.

(1)   A nonconforming dwelling unit may be altered, enlarged, repaired, extended, or moved; provided that all other provisions of this chapter are met;

(2)   If a nonconforming dwelling unit is destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it may not be reconstructed; and

(3)   When dwellings constructed on a zoning lot before January 1, 1950, exceed the maximum number of dwelling units currently permitted, they will be deemed nonconforming dwelling units.

(1)   If there is a change in use to a use with a higher parking or loading space requirement, the new use must meet the off-street parking and loading requirements established in Article 6;

(2)   Any use that adds floor area must provide off-street parking and loading spaces for the addition as required by Article 6. Expansion of an individual dwelling unit that results in a total floor area of no more than 2,500 square feet will be exempt from this requirement;

(3)   When nonconforming parking or loading is reconfigured, the reconfiguration must meet current requirements for arrangement of parking spaces, dimensions, aisles and, if applicable, ratio of compact to standard spaces, except as provided in subdivision (4). If, as a result of the reconfiguration, the number of spaces is increased by five or more, landscaping must be provided as required in §§ 21-6.80 and 21-6.90; and

(4)   Parking lots and other uses and structures with an approved parking plan on file with the department before May 10, 1999, and that include compact parking spaces as approved in the plan, may retain up to the existing number of compact spaces when parking is reconfigured.

(a)   The purpose of this section is to permit certain transient vacation units that have been in operation since prior to October 22, 1986, to continue to operate as nonconforming uses subject to obtaining a nonconforming use certificate as provided by this section. This section applies to any owner, operator, or proprietor of a transient vacation unit who held a valid nonconforming use certificate issued pursuant to this section on August 1, 2019.

(b)   The owner, operator, or proprietor of any transient vacation unit who has obtained a nonconforming use certificate under this section shall apply to renew the nonconforming use certificate in accordance with the following schedule:

(1)   Between September 1, 2000 and October 15, 2000; then

(2)   Between September 1 and October 15 of every year thereafter.

(c)   The owner, operator, or proprietor of any transient vacation unit who has obtained a nonconforming use certificate under this section shall display the certificate issued for the current year in a conspicuous place on the premises. In the event that a single address is associated with numerous nonconforming use certificates, a listing of all units at that address holding current certificates may be displayed in a conspicuous common area instead.

(d)   The following additional provisions apply to transient vacation units operating under a nonconforming use certificate pursuant to this section:

(1)   Section 21-5.70-3(a)(2)(C) relating to restrictions and standards; and

(2)   Section 21-5.70-3(a)(3) relating to advertisements.

(e)   In addition to the requirements in subsection (d), for transient vacation units operating under a nonconforming use certificate pursuant to this section that are located within the country, residential, or apartment zoning districts, transient occupants are prohibited from parking their vehicles on the public streets in the vicinity of the transient vacation unit.

(f)   A nonconforming use certificate for a transient vacation unit that has been issued and renewed pursuant to this section may be renewed by a new owner, operator, or proprietor of the transient vacation unit, so long as the new owner, operator, or proprietor renews the nonconforming use certificate prior to its expiration.

(a)   The purpose of this section is to permit certain bed and breakfast homes that have been in operation since prior to December 28, 1989, to continue to operate as nonconforming uses subject to obtaining a nonconforming use certificate as provided by this section. This section applies to any owner, operator, or proprietor of a bed and breakfast home who holds a valid nonconforming use certificate issued pursuant to this section on August 1, 2019.

(b)   The owner, operator, or proprietor of any bed and breakfast home who has obtained a nonconforming use certificate under this section shall apply to renew the nonconforming use certificate in accordance with the following schedule:

(1)   Between September 1, 2000, and October 15, 2000; then

(2)   Between September 1 and October 15 of every year thereafter.

(c)   Section 21-5.50-3(c) relating to home occupations does not apply to bed and breakfast homes.

(d)   The owner, operator, or proprietor of any bed and breakfast home who has obtained a nonconforming use certificate under this section shall display the certificate issued for the current year in a conspicuous place on the premises.

(e)   The following additional provisions apply to bed and breakfast homes operating under a nonconforming use certificate pursuant to this section:

(1)   Section 21-5.70-3(a)(2)(C) relating to restrictions and standards; and

(2)   Section 21-5.70-3(a)(3) relating to advertisements.

(f)   In addition to the requirements in subsection (e), bed and breakfast homes operating under a nonconforming use certificate pursuant to this section that are located within the residential zoning districts are subject to the following:

(1)   A maximum of two rooms may be provided to transient occupants for sleeping accommodations, and a maximum of four adult transient occupants may be accommodated at any one time;

(2)   One off-street parking space must be provided for each room used for transient occupant sleeping accommodations, in addition to the number of off-street parking spaces required for the dwelling unit; and

(3)   Transient occupants are prohibited from parking their vehicles on the public streets in the vicinity of the bed and breakfast home.

(g)   In addition to the requirements in subsections (e) and (f), bed and breakfast homes operating under a nonconforming use certificate pursuant to this section that are located within the country or apartment zoning districts are subject to the following:

(1)   One off-street parking space must be provided for each room used for transient occupant sleeping accommodations, in addition to the number of off-street parking spaces required for the dwelling unit; and

(2)   Transient occupants are prohibited from parking their vehicles on the public streets in the vicinity of the bed and breakfast home.

(h)   A nonconforming use certificate for a bed and breakfast home that has been issued and renewed pursuant to this section may be renewed by a new owner, operator, or proprietor of the bed and breakfast home, so long as the new owner, operator, or proprietor renews the nonconforming use certificate prior to its expiration.