means a structure which is subordinate to, and the use of which is incidental to that of the main structure or use on the same lot or parcel and not used for human occupancy of habitation.

means a use customarily incidental, appropriate, and subordinate to the main use of the parcel or structure.

means a structure or portion thereof designed and used for single-family residential purposes as permitted under Article 15 of this Chapter, and which can be detached from or attached to an existing residence, to be used for single-family occupancy and containing one kitchen.

means a rental unit that includes a kitchen, bedroom(s) and bathroom facilities, attached or detached from a dwelling unit that is used for the purpose of a long term rental unit. When built within an existing residential dwelling unit or attached to one, the two units together shall constitute a multi-family dwelling. An additional rental unit is not a dwelling unit.

means any family home providing for a fee, 24 hour living accommodations to no more than five adults unrelated to the family, who are in need of minimal "protective" oversight care in their daily living activities. These facilities are licensed by the Department of Health, State of Hawai'i under the provisions of Secs. 17-883-74 to 17-883-91.

means any family home providing 24 hour living accommodations for a fee to five to eight elderly, handicapped, developmentally disabled or totally disabled adults, unrelated to the family, who are in need of long-term minimal assistance and supervision in the adult's daily living activities, health care, and behavior management. These facilities are licensed by the Department of Health, State of Hawai'i, under the provisions of Secs. 17-883-74 to 17-883-91.

means those products produced from conducting agricultural activities within the County of Kaua'i, including livestock products, poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops, or the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment.

means a building or structure, not to exceed a gross floor area of 1,000 square feet, from which agricultural products produced on the subject property or the associated farm are sold.

means the breeding, planting, nourishing, caring for, gathering and processing of any animal or plant organism for the purpose of nourishing people or any other plant or animal organism; or for the purpose of providing the raw material for non-food products. For the purposes of this Chapter, agriculture shall include the growing of flowers and other ornamental crops and the commercial breeding and caring for animals as pets.

means a public or permanent private way less than 15 feet wide for the use of pedestrians or vehicles which has been permanently reserved and which affords, or is designed or intended to afford the secondary means of access to abutting property.

means an establishment for the care and treatment of small animals, including household pets.

See "Dwelling, Multiple Family."

means a building or portion thereof used as a hotel as defined in this Section and containing the combination of individual guest rooms or suite of rooms with apartments or dwelling units.

means an owner or any person who has full written authorization of the owner.

means those products produced from the growing and harvesting of plant or animal organisms in a natural or artificial aquatic environment.

means the growing and harvesting of plant or animal organisms in a natural or artificial aquatic environment.

means an individual directly engaged in the curating and reselling of Hawaiian vintage items or in the design, production, or creation of crafted goods, including but not limited to artwork, jewelry, furniture, wooden crafts, photographs, culinary artisanal food, soap, candles, skin care products, sculpture, pottery, leathercraft, and hand-woven articles.

means an area within a designated State or County Park parcel, or located on a community use facility, and used for outdoor sales of artwork, jewelry, furniture, wooden crafts, photographs, culinary artisanal food, soap, candles, skin care products, sculpture, pottery, leathercraft, hand-woven articles, and related items, all of which were handcrafted and/or designed by the artisan. This market may also include the resale of curated Hawaiian vintage items. The artisan or a representative of the artisan's microbusiness shall be present at the respective stall or sale area within the market. Permanent structural improvements in association with the subject market are prohibited. Any State or County Park parcel, or community use facility, shall only be the location for artisans markets I, farmers markets I, or both, for a combined total of two (2) calendar days per calendar week (Sunday through Saturday).

means an area within a designated State or County Park parcel, or located on a community use facility, and used for outdoor sales of artwork, jewelry, furniture, wooden crafts, photographs, culinary artisanal food, soap, candles, skin care products, sculpture, pottery, leathercraft, hand-woven articles, and related items, all of which were handcrafted and/or designed by the artisan. This market may also include the resale of curated Hawaiian vintage items. The artisan or a representative of the artisan's microbusiness shall be present at the respective stall or sale area within the market. Permanent structural improvements in association with the subject market are prohibited. Any State or County Park parcel, or community use facility, may be the location for artisans markets II, farmers markets II, or both, more than two (2) calendar days per calendar week (Sunday through Saturday).

means a facility that contains a large assembly seating area used for public or private events, activities, and conventions.

See "Automobile Service."

means the facilities and outdoor retail space used for the sale of new or used automobiles, trucks, mopeds, motorcycles, recreational vehicles, or other similar vehicles, and marine vehicles.

means a commercial retail establishment that provides service and repair needs for automobiles and marine vehicles.

means any structure or area used for the long-term storage of automobiles or marine vehicles. A facility or site, such as a baseyard, used for any combination of the following: the storage, service, and/or repair of automobile equipment, construction materials, vehicles, and the staging of employees.

means a commercial establishment that serves alcoholic beverages and may serve food but does not provide live entertainment or dancing.

means the flood, from whatever source, having a one percent (1.0%) chance of being equaled or exceeded in any given year, otherwise commonly referred to as the 100 year flood.

means the water surface elevation of the base flood.

See "Homestay."

means any structure containing individual sleeping rooms with no individual kitchens and which may have individual or shared bathrooms and used for long-term residential rentals.

means a public or private facility used for the commercial demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants for a fee.

See "Structure."

means an establishment where food is prepared and served along with alcoholic beverages, and which provides amplified or live entertainment and dancing.

means land or premises designed to be used, let, or rented for compensation, monetary or otherwise, for transient occupancy by campers traveling by automobile or otherwise and which contain such facilities as tent sites, bathrooms or other sanitary facilities, piped water installations, and parking areas, but not including mobile home parks. Each individual tent camping site offers a campsite that may have permanent footings, platforms, and/or private restroom facilities. Developed campgrounds may include facilities for the temporary placement of camp trailers and camping vehicles that are utilized for non-permanent residential uses.

means land or premises designed to be used by property owners and their guests for non-commercial camping purposes. There are no permanent footings or platforms, and there are no permanent structures. There is no compensation, monetary or otherwise, for use of this site.

means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria, mausoleums, mortuaries and crematoriums, provided the crematorium has the approval of the Department of Health, Planning Commission and Council when operated in conjunction with and within the boundary of the cemetery.

See "Street Center Line."

means a building designed for or used principally for religious worship or religious services. See "Religious Facilities."

means any organization established for a social, patriotic, political, or athletic nature, or the like, having a regular membership to all who are charged dues. "Club" also means the establishment so operated and the premises or facilities thereof in which the establishment operates.

means the area subject to high velocity waters, including, but not limited to, coastal and tidal inundation or tsunami. The area is designated on a FIRM as Zone VE.

means an establishment providing indoor amusement. Typical uses include: billiard and pool halls, electronic and coin-operated game rooms, movie theaters, bowling alleys, and indoor shooting ranges.

means land or premises designed to be used by the public for a fee or other consideration, that contain facilities such as miniature golf courses, merry-go-rounds, car racetracks, and outdoor motion picture theaters.

means the purchase, sale or other transaction involving the handling or disposition (other than that included in the term "industry" as defined in this Section) of any article, substance or commodity for profit or a livelihood, including in addition, public garages, office buildings, offices of doctors and other professionals, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them but not including dumps and junk yards.

means an access that serves to provide vehicular access to at least one but less than 20 residential dwelling units (including dwelling units and additional rental units).

means a public utility (as defined under Hawai'i Revised Statutes) structure, including but not limited to cellular, radio, and television transmitting and receiving antennas, radar stations, and microwave towers.

means a structure utilized as a place of assembly for members or organizations and/or as an outreach facility to provide public services, such as health screening and elderly services.

means a parcel available for a use that satisfies a public purpose although under private ownership or control. To qualify as a community use facility, the County of Kaua'i Director of Parks and Recreation and Planning Director shall determine the parcel to be commensurate with a County of Kaua'i Park Facility. To make this determination the Directors shall consult with other government agencies, including but not limited to the State of Hawai'i Department of Health, Department of Land and Natural Resources State Historic Preservation Division, Department of Transportation, and the County Department of Public Works. Additionally, the parcel shall either be designated within the Special Treatment Public Facilities (ST-P) District or meet the following criteria: (1) minimum five-acre parcel; (2) maintain regular public access with limited restrictions; and (3) serve public benefits, including but not limited to civic, recreational, cultural, or social activities.

means a use that, because of its manner of operation and characteristics, is or would be in harmony with uses on abutting properties in the same zoning district. In judging compatibility the following shall be considered: intensity of occupancy as measured by dwelling units per acre, pedestrian or vehicular traffic generated, volume of goods handled, and other factors such as, but not limited to: vibration noise level, smoke, odor or dust produced or light or radiation emitted.

means whenever the sole owner or all of the owners including all of the lessees of a property expressly declare, through the execution and recordation of a master deed, together with a declaration, which declaration shall set forth the particulars enumerated by Hawai'i Revised Statutes Chapter 514B, the sole owner's or their desire to submit the property to the regime established by Hawai'i Revised Statutes Chapter 514B, there shall thereby be established a condominium property regime with respect to the property, and Hawai'i Revised Statutes Chapter 514B shall be applicable to the property. If the master deed is already recorded, the recordation of the declaration is sufficient to achieve the same result.

means in compliance with the regulations of the pertinent district.

means the actual placing of construction materials in their permanent position, fastened in a permanent manner, excluding development or construction that meets all the following criteria:

means more than one adjoining lot or parcel each of which is owned in full or part by the same person, or his or her representative.

means the County Engineer of the Department of Public Works of the County of Kaua'i.

means food products, including but not limited to baked goods, delicatessen items, and prepared meals, that are made without reliance on mass production or highly industrialized processes for the final product.

means the disturbance by mechanical means of the surface soil to a depth less than two feet where the original grade and shape of the land is not substantially altered, for the purpose of planting and growing plants.

means any products derived from the processing of milk from domesticated mammals, including but not limited to cows, goats, and sheep, intended for human consumption. These products may include fluid milk and value-added products, such as cream, butter, cheese, and other dairy-based items, all of which shall comply with applicable Federal and State health and safety regulations.

means any facility which complies with the State of Hawai'i licensing requirements where seven or more children under the age of 18 are cared for without overnight accommodations at any location other than their normal place of residence. This term includes child care services and other similar uses and facilities consistent with this definition, and not covered by the "Family Child Care Home" definition.

means land, premises, and facilities, designed to be used by members of the public, for noncommercial purposes, for outdoor recreation purposes on a daily basis. Day use areas include uses and facilities such as parks, playgrounds, picnic sites, tennis courts, beaches, marinas, athletic fields, and golf courses.

means the number of dwelling units allowed on a particular unit of land area.

means unless otherwise specified, all distances other than height shall be measured in a horizontal plane. Height shall be measured vertically.

means the growing and harvesting of plant crops for human consumption which does not involve a long-range commitment to one crop. Diversified agriculture includes truck gardening and the production of fresh vegetables, and minor fruit or root crops such as guava or taro.

means the division of any lot or parcel or portion thereof into two or more lots, plots, sites or parcels for the purpose, whether immediate or future, of sale, transfer, lease, or building development. It includes subdivisions and resubdivision and other divisions of land and may relate to the process of dividing land or to the land or territory divided.

means a wharf or row of piers where ships or boats are berthed for a fee, and may include warehouse facilities and the loading and unloading of materials and passengers.

means a building primarily providing sleeping and residential quarters for students and faculty, and visitors affiliated with the university or college. A dormitory contains multiple private or semiprivate single rooms, usually along with communal bathroom facilities, kitchen facilities, and recreation areas.

means the process of removing dirt, grease, paints and other stains from wearing apparel, textile fabrics, rugs and other material by the use of nonaqueous liquid solvents, flammable or nonflammable, and it may include the process of dyeing clothes or other fabrics or textiles in a solution of dye colors and nonaqueous liquid solvents.

means a place used for the discarding, disposal, abandonment, or dumping of waste materials.

means a building or portion thereof designed or used exclusively for residential occupancy and having all necessary facilities for permanent residency such as living, sleeping, cooking, eating and sanitation.

means the same as defined in Hawai'i Revised Statutes Section 205-4.5(a)(4): "a single-family dwelling located on and used in connection with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." If the dwelling is located on a parcel within the State Land Use Agricultural District, it is considered a farm dwelling and must observe all the restrictions contained within Hawai'i Revised Statutes Chapter 205.

means a building or portion thereof consisting of two or more dwelling units and designed for occupancy by two or more families living independently of each other, where any one of the constructed units is structurally dependent on any other unit.

means a building consisting of two or more dwelling units designed for occupancy by two or more families living independently of each other where each unit is structurally independent although superficially attached or close enough to appear attached.

means a building consisting of only one dwelling unit designed for or occupied exclusively by one family.

means any building or any portion thereof which is designed or intended for occupancy by one family or persons living together or by a person living alone and providing complete living facilities, within the unit for sleeping, recreation, eating and sanitary facilities, including installed equipment for only one kitchen. Any building or portion thereof that contains more than one kitchen shall constitute as many dwelling units as there are kitchens, provided that an additional rental unit is not a dwelling unit.

means an acquired privilege or right of use or enjoyment that an individual, firm, corporation, person, unit of government, or group of individuals has in the land of another through legal recording and documentation.

means a place with temporary accommodations operated by an organization to educate campers 18 years of age or younger about the cultivation, production, and sale of agricultural products. The temporary accommodations may contain facilities such as tent sites, camp trailers, camp vehicles, parking areas, piped water installations, and bathrooms or other sanitary facilities. Each individual tent camping site may have permanent footings, platforms, and private restroom facilities. These temporary accommodations do not include mobile or manufactured homes. Educational campgrounds may be used, let, or rented for compensation, monetary or otherwise.

means the commercial sales of food and beverages, ticket sales for the event, as well as event-associated promotional material within a designated State or County Park facility or a State Department of Education facility for events approved by the County of Kaua'i Director of Parks and Recreation, including but not limited to athletic games or meets, fairs, or concerts.

means: (1) the ground surface existing prior to man-made alterations such as grading, grubbing, filling, or excavating, or (2) the finished ground surface elevation that may have been graded, filled, or excavated for a house pad, through a subdivision process that has been certified complete.

means any structure or portion thereof which is: designed for use as a building or dwelling; prefabricated or assembled at a place other than the building site; and capable of complying with the standards and requirements contained in Sec. 12-4.4 of Chapter 12, Building Code.

means an individual or group of two (2) or more persons living together in a single residential unit.

means any care home occupied by not more than five care home residents. These facilities are licensed by the Department of Health, State of Hawai'i, under the provisions of Secs. 17-883-74 to 17-883-91.

means providing child care services and other similar uses consistent with this definition where six or fewer children under the age of 18 are cared for in a private dwelling unit without overnight accommodations at any location other than the children's normal place of residence and which complies with State of Hawai'i licensing requirements.

means an area within a designated State or County Park parcel, or located on a community use facility, and used for outdoor sales of agricultural products, aquacultural products, wild-caught or harvested seafood products, and dairy products that are grown, raised, or caught in the County, as well as value-added products that contain ingredients primarily derived from the Kaua'i, Ni'ihau, and/or other Hawai'i-grown materials. Permanent structural improvements in association with the subject market are prohibited. Any State or County Park parcel, or community use facility, shall only be the location for artisans markets I, farmers markets I, or both, for a combined total of two (2) calendar days per calendar week (Sunday through Saturday).

means an area within a designated State or County Park parcel, or located on a community use facility, and used for outdoor sales of agricultural products, aquacultural products, wild-caught or harvested seafood products, and dairy products that are grown, raised, or caught in the County, as well as value-added products that contain ingredients primarily derived from the Kaua'i, Ni'ihau, and/or other Hawai'i-grown materials. Permanent structural improvements in association with the subject market are prohibited. Any State or County Park parcel, or community use facility, may be the location for artisans markets II, farmers markets II, or both, more than two (2) calendar days per calendar week (Sunday through Saturday).

means the final elevation of the ground surface after man-made alterations such as grading, grubbing, filling, or excavating have been made on the ground surface.

means a lot or parcel bounded by at least six sides and describing two distinct but contiguous areas, one of which is the primary development area used to determine lot area, width, and proportion, and the other of which is an appendage normally used as access from a street to the primary development area. The primary development area is referred to as the "flag" portion of the lot, and the appendage is referred to as the "pole" portion of the lot.

means any liquid having a flash point below 200 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees Fahrenheit.

means the portion of the flood plain outside the floodway, designated as AE, AO, and AH Zones on the FIRM.

means the official map on which the Federal Insurance Administration has delineated the areas of special flood hazards, the risk premium zones applicable, base flood elevations, and floodways.

means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, and the water surface elevation of the base flood.

means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

means a structure or portion thereof that divides a structure into a "story" or stories. Any vertical space between floors that exceeds six feet-six inches or more in height shall be deemed a separate floor or story.

means facilities where raw and/or refined agricultural products are made suitable for human consumption and prepared for transport and sale.

means the growing or harvesting of trees for timber or wood fiber purposes.

means that portion of a parcel of property which abuts on a road, street, or highway.

means the side of a building or structure nearest the street on which the building fronts. In cases where this definition is not applicable, the Planning Director shall make the determination.

means a building or structure or a portion thereof in which a motor vehicle is stored, housed, kept, repaired or serviced.

means the area consisting of the approximate flood plain area as delineated on the flood maps, where detailed engineering studies have not been conducted by the Federal Insurance Administration to delineate the flood fringe and floodway and identified as A, X, and D Zones on the FIRM.

means a tract of land laid out for the purpose of playing the game of golf.

means the elevation of the ground surface. Grade can be existing or finished.

means the production or use of vegetative land cover for the pasturing of animals.

See "Existing Grade" and "Finished Grade."

means a building with a floor area of no more than 800 square feet, may contain a kitchen, and is used for dwelling purposes by guests, tenants, or owner(s). A Guest House shall not be used for a transient vacation rental (TVR) or homestay operation within or outside of the visitor destination area (VDA).

See appropriate Chapter provisions.

means the vertical distance measured from the ground level to the top of the fence. For the purpose of applying height regulations, the average height of the fence along any unbroken run may be used provided the height at any point is not more than 10% greater than that normally permitted.

means the vertical distance to the wall plate measured from the ground level at the bottom of the wall.

means any property, area, place, district, building, structure, site, neighborhood, scenic viewplane, or other object listed in the National or State Register of Historic Places or having special historical, cultural, architectural, or aesthetic value to the County of Kaua'i.

means any use customarily conducted entirely within a dwelling and carried on solely by the inhabitants thereof, in connection with which there are: no display from the outside of the building; no mechanical equipment used except as is normally used for domestic or household purposes; and no selling of any commodity on the premises; which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The office, studio, or occupational room of an architect, artist, engineer, lawyer or other similar professional person; a family child care home; business conducted entirely by phone or by mail (not involving frequent bulk shipments); and an office for "homework" of a person in business elsewhere; all shall be permitted as home businesses except that no activity involving, encouraging, or depending upon frequent visits by the public and no shop or clinic of any type shall be deemed to be a home business.

means an owner-occupied dwelling unit in which overnight accommodations are provided to transient guests within the same dwelling unit in which the owner resides and the respective owner currently benefits under Sec. 5A-11 of this Code for a homeowner's exemption for the homestay site. A guest house may not be used as accommodations for transient guests in a homestay operation.

See "Condominium Property Regime (CPR)."

means any building or portion thereof to which persons may be admitted for overnight stay or longer and which is used for diagnosis, care, or treatment of human illness or infirmity or which provides care during and after pregnancy.

means any building containing six or more rooms intended or designed to be used, or which are used, rented, or hired out to be occupied for sleeping purposes by guests when the rooms are open to the occupancy by the general public on a commercial basis whether the establishment is called a hotel, resort hotel, inn, lodge, or otherwise which rooms do not constitute dwelling units.

means the Historic Preservation Review Commission.

means the manufacture, fabrication, processing, reduction, or destruction of any article, substance, or commodity, or any other treatment thereof in a manner so as to change the form, character, or appearance thereof, and storage other than that accessory to a nonmanufacturing use on the same parcel including storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprises.

means the growing and harvesting of plant crops for human consumption or animal feeds primarily for sale to others and involving the long-range commitment to one crop such as sugar, pineapple, sorghum, or grain.

means any worn-out, cast-off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use; any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk.

means any area in excess of 200 square feet, used for the breaking up, dismantling, sorting, storage, or distribution of any scrap, waste material, or junk for commercial purposes.

means the Kaua'i Historic Preservation Review Commission.

means any room used or intended or designed to be used for cooking and preparing food.

means an area of land that was originally awarded to native tenants during the "Great Mahele of 1848," which was recognized by the Land Commission as a Land Commission Award (L.C. Aw.), and further defined in Hawai'i Revised Statutes Chapter 183C.

means a man-made structure, improvement or covering that prevents normal precipitation from directly reaching the surface of the land underlying the structure, improvement or covering. Structures, improvements and covering include roofs, surfaces that are paved with asphalt, stone, or the like such as roads, streets, sidewalks, driveways, parking lots, tennis courts, patios, and lands so used that the soil will be compacted so as to prevent substantial infiltration, such as parking of cars and heavy and repeated pedestrian traffic. Land coverage shall not include bus stops, bus shelters and public shared use paths greater than 10 feet in width. Any shared use path wider than 10 feet requires the Planning Director's approval for lot coverage exemption. The Planning Director may determine that a material is semipermeable (e.g., grasscrete or grass pavers) and that the respective area covered by the semi-permeable material may qualify for up to a 50% reduction in lot coverage. Provided such improvements cannot otherwise be made without conflicting with the provisions of this chapter, County or State improvements and retrofitting of improvements when such improvements are required to comply with the Americans with Disabilities Act (ADA) shall not be included in calculating land coverage.

means the modification of the landscape for an aesthetic or functional purpose. It includes the preservation of existing vegetation and the continued maintenance thereof together with grading and installation of minor structures and appurtenances.

includes "building or structure use" and "use of building or structure."

means a facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

means a public facility containing printed information, electronic information, and pictorial material for public use, such as for study, reference, and recreation.

means domestic animals of types customarily raised or kept on farms for profit or other productive purposes.

means the floor placed between the roof and the floor of the uppermost story within a single family detached dwelling, the floor area of which is not more than 1/3 the floor area of the story or room in which it is placed.

means a portion of land shown as a unit on an approved and recorded Subdivision Map.

means the total of the area, measured in a horizontal plane, within the lot boundary lines.

See "Land Coverage."

means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

means the average horizontal distance between the side lot lines measured at right angles to the line followed in measuring the lot depth.

means the Manager and Chief Engineer of the Water Department of the County of Kaua'i.

means the processing and packaging establishments involving significant mechanical and chemical processes, large amounts of metal transfer, or extended shift operations. Typical activities include, but are not limited to: paper and textile milling; wood millwork and the production of prefabricated structural wood products; the manufacture of soaps and detergents; rubber processing and the manufacture of rubber products; the production of plastics and other synthetic materials; primary metals processes; the manufacture of vehicles, machinery and fabricated metal products; electroplating; cement making and the production of concrete; gypsum and related products; the production of chemical products, perfumes and pharmaceuticals; and the production of paving and roofing materials. This term does not include those activities associated with petroleum processing; the manufacture of explosives and toxic chemicals; waste disposal and processing; and/or the processing of salvage, scrap and junk materials.

means the processing and packaging establishments involving activities which are non-offensive to adjacent uses; involve no open storage or other types of outdoor accessory uses other than parking and loading; do not involve processes which generate significant levels of heat, noise, odors and/or particulates; and do not involve chemicals or other substances which pose a threat to health and safety. Typical activities include, but are not limited to, the production of handcrafted goods, electronics-intensive equipment, components related to instrumentation and measuring devices, bio-medical and telecommunications technologies, computer parts and software, optical and photographic equipment, and other manufacturing, processing, and packaging uses meeting the criteria prescribed herein.

See "Manufacturing, Light."

means an office building or group of offices for persons engaged in the practice of a medical or dental profession or occupation. A medical clinic does not have beds for overnight care of patients but can involve the treatment of outpatients. A "medical or dental profession or occupation" is any activity involving the diagnosis, cure, treatment, mitigation, or prevention of disease or that affects any bodily function or structure.

means any independently owned and operated commercial business engaged in the manufacturing, purchase, sale, lease, or exchange of goods, employing nine (9) or fewer individuals.

means any excavation or removal of natural materials not related to or not occasioned by an impending development of the site of the excavation.

means a commemorating freestanding structure supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.

means an establishment providing services such as preparing the human dead for burial and arranging and managing funerals, and may include limited caretaker facilities and crematorium facilities. This classification excludes cemeteries and columbariums.

means a group of attached or detached buildings containing rooms, designed for or used temporarily by automobile tourists or transients, with garages attached or parking space conveniently located to each unit, including auto court, tourist court or motor lodge, or otherwise, which rooms do not constitute dwelling units.

means a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.

means a commercial establishment where persons congregate for the purpose of eating, drinking, dancing, or singing, and where musical or live entertainment is provided. This term includes cabaret.

means a building or structure or portion thereof lawfully existing on September 1, 1972 or as a result of any subsequent amendment to this Zoning Ordinance and which does not comply with the regulations of the zoning district in which it is located.

means a lawful use of a building or land existing on September 1, 1972 or as a result of any subsequent amendment to this Zoning Ordinance, and which does not comply with the regulations for the zoning district in which it is located.

means the growing, collecting or storing of plants for the purpose of selling to others for transplanting.

means a facility established for profit or nonprofit, which provides nursing care and related medical services on a 24 hour per day basis to two or more individuals because of illness, disease, or physical or mental infirmity. It provides care for those persons not in need of hospital care.

means a room, suite of rooms, or building in which a person transacts the affairs of a business, profession, service, industry, or government.

means the portion or portions of a parcel unoccupied or unobstructed by buildings, paving or structures from the ground upward.

means the establishment, care and harvesting of over 25 fruit bearing trees such as persimmon, guava, banana or papaya for the purpose of selling the fruit to others.

means uses and facilities pertaining primarily to recreation activities that are carried on primarily outside of structures and are not used for commercial or compensatory purposes.

means uses and facilities ancillary to outdoor recreation uses, such as gasoline pumps at piers and marinas, and boat rental and food and beverage facilities at public beaches.

means the holders of legal title of land in fee simple.

means a lot or contiguous group of lots in single ownership or under single control, usually considered a unit for purposes of development.

means an open area, other than street or alley, used for the parking of automobiles and available for public use whether free, for compensation, or as an accommodation for clients or customers.

means a building used for the parking of automobiles and available to the public, whether for free or for compensation.

means an area other than a street or alley reserved for the parking of one automobile. The space shall be afforded adequate ingress and egress.

means areas designated within a subdivision or other development project to be utilized for open space purposes or recreational uses in perpetuity, and it does not include any structures. This space cannot be used for any future density calculation.

means establishments that offer specialized goods and services purchased frequently by the consumer, including barbershops, beauty shops, garment repair, laundry cleaning, pressing, dyeing, tailoring, shoe repair, and other similar establishments. This term also includes commercial wedding chapels and services.

means any domesticated animal customarily kept by humans for companionship, including but not limited to dogs, cats, birds, fish, rabbits, hamsters, mice, turtles, and the like.

means the feeding or sheltering of more than two animals or four birds as a service to others.

means the breeding, feeding, or sheltering of more than two animals not normally used for human consumption for the purpose of sale to others.

means any parcel where 10 or more weaned hogs are maintained.

means the Planning Commission of the County of Kaua'i.

means the Director of the Planning Department of the County of Kaua'i.

means the breeding, feeding, sheltering, or gathering of more than four game or domestic fowl for the purpose of sale, food or egg production, or pets.

means a contract in which the purchaser, a registered public utility pursuant to H.R.S., Chapter 269, consents to purchasing more than 100 kilowatts of electricity from a transmitting party.

means lands or premises designed to be used exclusively by owners and renters of dwelling units, that contain such facilities as tennis courts, playfields, swimming pools, clubhouses, bathing beaches, and piers.

means any parcel of land or non-exclusive easement not owned by the County or State of Hawai'i, nor offered for dedication to the public, not a common driveway, and which is used or intended to be used for vehicular access to a lot or parcel.

means property that is subject to project instruments, including, but not limited to, condominiums and cooperative housing corporations.

means one or more documents, including any amendments to the documents, by whatever name denominated, containing restrictions or covenants regulating the use or occupancy of a project.

means any property line bounding a lot as defined in this Section.

means the line separating the lot from the street or other public areas. In case a lot abuts on more than one street, the lot owner may elect any street lot line as the front line provided that the choice, in the discretion of the Planning Director, will not be injurious to adjacent properties and will comply with any other reasonable determination of the Planning Director. Where a lot does not abut on a street or where access is by means of an access way, the lot line nearest to and most nearly parallel to the street line is the front lot line. In cases where this definition is not applicable, the Planning Director shall designate the front lot line.

means that line of a lot which is opposite and most distant from the front line of the lot. In cases where this definition is not applicable the Planning Director shall designate the rear lot line.

means any lot boundary not a front or rear lot line.

means a facility owned or controlled by a governmental agency.

means a minimum eight foot width bikeway that is physically separated from motorized vehicular traffic by an open space or barrier, and is within the highway right-of-way or has an independent right-of-way. Shared use paths may also be used by pedestrians, skaters, wheelchair users, joggers, and other non-motorized users.

has the meaning defined in Sec. 269-1, H.R.S.

means a site used for rock mining or crushing, sand removal, or manufacturing of asphalt paving material or concrete usually affiliated with a rock-crushing operation.

means the side of the building or structure opposite the front. In cases where this definition is not applicable, the Planning Director shall make the determination.

means a portable structure, used or designed for human habitation or occupancy and built on a chassis with wheels, which is capable of being licensed as a motor vehicle, a vehicle or a trailer pursuant to Hawai'i Revised Statutes Chapter 249 and transported on a highway, but which is unable, due to its size, design, construction or other attributes, to comply with the minimum standards and requirements applicable to dwellings or buildings, or portions thereof, contained in Sec. 12-4.4 of Chapter 12, Building Code.

means a parcel of land under one ownership which has been planned and improved and which is let or rented or used for the temporary placement of camp trailers and camping vehicles which are utilized for non-permanent residential use.

means a number assigned to a transient vacation rental in a Visitor Destination Area by the Finance Director upon registration of said rental.

means buildings, other structures, and land designed to be used for purposes of worship.

(as applied to structures) means the renewal or treatment of any part of an existing structure for the purpose of its maintenance. The word "repairs" shall not apply to any change of construction such as alterations of floors, roofs, walls or the supporting structure of a building or the rearrangement of any of its component parts.

means any care home facility occupied by more than five care home residents.

means non-commercial uses and facilities pertaining to forest products, minerals and other natural resources.

means a retail business selling ready-to-eat food and/or beverages for on- or off-premises consumption. These include food trucks and eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption ("counter service") and establishments where customers are served food at their tables for on-premises consumption ("table service") that may also provide food for take-out.

means an establishment primarily engaged in selling goods, wares, or merchandise directly to the ultimate consumer.

means an institution with an organized curriculum offering instruction to children in the grade range kindergarten through 12, or any portion thereof.

means a distance measured at right angles from the front property line (adjacent to the street right-of-way) to the structure. A property or lot within the Residential District that is bounded by more than one street will require more than one front setback, however, the owner may choose a single front yard for the sole purpose of establishing the location of the rear yard. In any lot configuration, there shall be at least one front setback.

means a distance measured at right angles from the rear property line to the structure. In any lot configuration, there shall be at least one rear setback.

means a distance measured at right angles from the side property line to the structure.

means a line parallel to any property line and at a distance from there equal to the required minimum dimension from that property line, and extending the full length of the property line.

means a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio or percent.

means a use and/or structure(s) that collects and utilizes the sun's radiant energy as an electrical source for the primary purpose of commercial distribution. To qualify as a solar energy facility the use and/or structure(s) must be operated or managed by a registered public utility pursuant to H.R.S. Chapter 269, or the electricity generated is transmitted to a registered public utility under a Power Purchase Agreement (P.P.A.).

means the growing, collection or storing of any plant for ornamental or non-food use such as flowers and pot plants.

means the breeding, feeding, grazing, herding or sheltering of more than one animal such as cattle, sheep, pigs, goats, and horses, for any purpose.

means an enclosed yard, usually with pens or stables, in which livestock, such as chickens, cattle, or pigs, are temporarily kept until slaughtered, sold, or shipped elsewhere.

means the space in a building between the upper surface of any floor and the upper surface of the floor next above, and if there be no floor above, then it is the space between the upper surface of the topmost floor and the ceiling or roof above. No story shall be more than 12 feet high measured from the floor level to the wall plate line.

means the center line of a street as established by official surveys or a recorded subdivision map. If not so established, the center line is midway between the right-of-way lines bounding the street.

means a way or place of whatever nature, open to the public for purposes of vehicular travel.

means the boundary line right-of-way or easement and abutting property.

means any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joist, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components or changes in roof or exterior lines.

means anything affixed, constructed, or erected that requires location on the ground or is attached to something having location on the ground, excluding:

means a person commencing proceedings to effect a division of land for him or herself or for another.

means the division of land or the consolidation and resubdivision into two or more lots or parcels for the purpose of transfer, sale, lease, or building development, and when appropriate to the context shall relate to the process of dividing land for any purpose. The term also includes a building or group of buildings, other than hotel, containing or divided into two or more dwelling units or lodging units.

means a person who occupies real property owned by another based upon an agreement between the person and the landlord/owner, almost always in exchange for rental payments.

means an assembly structure or area used for the purpose of featuring movies, plays, theatrical arts, or exhibits for commercial purposes.

means a highway or street.

means any plan or program in which the use, occupancy, or possession of one or more time share units circulates among various persons for less than a 60 day period in any year, for any occupant. The term "time share plan" shall include both time share ownership plans and time share use plans, as follows:

means the actual and promised accommodations, and related facilities, which are the subject of a time share plan.

means factory built housing which is capable of being licensed as a vehicle or trailer pursuant to Hawai'i Revised Statutes Chapter 249 and transported upon a highway.

means any person who owns, rents, or uses a dwelling unit or a portion thereof for 180 days or less, and which dwelling unit is not the person's primary residence under the Internal Revenue Code. This definition shall not apply to nonpaying guests of the family occupying the unit, patients or clients in health care facilities, full-time students, employees who receive room and/or board as part of their salary or compensation, military personnel, low-income renters receiving rental subsistence from State or Federal governments, or overnight accommodations provided by nonprofit corporations or associations for religious, charitable, or educational purposes where no rental income is transacted.

means a dwelling unit which is provided to transient occupants for compensation or fees, including club fees, or as part of interval ownership involving persons unrelated by blood, with a duration of occupancy of 180 days or less.

means a single-family dwelling unit, other than a homestay, which is used as a transient vacation rental.

means a multi-family dwelling unit which is used as a transient vacation rental.

means a facility usually affiliated with the vehicular transport of people or goods, such as bus stations, airports, and harbor facilities.

means a nationally-accredited institution of learning that provides full-time or part-time education, whether public or private, including but not limited to community colleges and college-preparatory institutions, providing facilities for teaching, research, and group learning, and authorized to grant academic diplomas and/or degrees.

means the purpose for which land or building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.

includes designed, intended or arranged to be used.

means a permit issued under the definite procedure provided in this Chapter allowing a certain use which is conditionally permitted for the particular district.

means the structures or site used for the delivery of utility services, such as solid waste, sewer, water, cable, and electricity. These structures and facilities include but are not limited to transfer stations, transformers, pump stations, water tanks, and equipment sheds.

means the conduit, wire or pipe employed to conduct water, gas, electricity or other commodity from the source tank or facility for reduction of pressure or voltage or any other installation, employed to facilitate distribution.

means a product that incorporates one or more agricultural products, aquaculture products, wild-caught or harvested seafood products, and/or dairy products and has been modified, processed, or enhanced beyond its raw state through specialized manufacturing or treatment to increase its market value and consumer appeal.

means an item that is at least twenty (20) years old, was manufactured or produced in Hawai'i, and exhibits Hawaiian cultural or historical significance. Such items include, but are not limited to, aloha shirts, mu'umu'u, and Hawaiian heirloom jewelry that meets the age requirement.

means those areas designated as Visitor Destination Areas on County of Kaua'i Zoning Maps.

means any structure or device forming a physical barrier, which is so constructed that 50% or more of the vertical surface is closed and prevents or tends to prevent the passage of light, air and vision through the surface in a horizontal plane. (This includes structures of concrete, concrete block, wood or other materials that are solids and are so assembled as to form a solid barrier, provided carport posts, columns and other similar structures not constructed of 50% or more of the vertical surface shall be deemed walls.)

means any wild-caught or harvested marine life, such as fish, shellfish, mollusks, invertebrates, or limu (seaweed), that is used as a characterizing ingredient for human food consumption and is locally sourced in and around Kaua'i and Ni'ihau. The product must be caught or harvested by an individual who holds a valid commercial marine license, with a designated address located in Kaua'i or Ni'ihau.

means a parklike area in which live animals are kept in large enclosures for public exhibition for a fee.