Kauai County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 9
Open Districts O
§ 8-9.1 Purpose.
The Open District is established and regulated to create and maintain an adequate and functional amount of predominantly open land to provide for the recreational and aesthetic needs of the community or to provide for the effective functioning of land, air, water, plant and animal systems or communities.
(a)
To preserve, maintain or improve the essential characteristics of land and water areas that are:
(1)
Of significant value to the public as scenic or recreational resources;
(2)
Important to the overall structure and organization of urban areas and which provide accessible and usable open areas for recreational and aesthetic purposes;
(3)
Necessary to insulate or buffer the public and places of residence from undesirable environmental factors caused by, or related to, particular uses such as noise, dust, and visually offensive elements.
(b)
To preserve, maintain or improve the essential functions of physical and ecological systems, forms or forces which significantly affect the general health, safety and welfare.
(c)
To define and regulate use and development within areas which may be potentially hazardous.
(d)
To include areas indicated on the County General Plan as open or as parks.
(e)
To include areas clearly indicated on the County General Plan or on Zoning maps as "Special Treatment-Open Space" if an applicant represents to government authorities that any properties or areas within a development proposal or subdivision application will remain in either permanent open space or private park areas, or if the Council in the exercise of its zoning power requires as a condition of rezoning that an area be designated for permanent open space or private park. This does not preclude the Council from exercising its zoning authority as provided in Sec. 46-4, Hawai'i Revised Statutes. Within areas so designated, no uses, structures, or development inconsistent with such designation shall be generally permitted or permitted by Use Permit without express provision to the contrary. The Council is hereby authorized to make such factual determinations as necessary incident to this Section.
(f)
To provide for other areas which because of more detailed analysis, or because of changing settlement characteristics, are determined to be of significant value to the public.
(Ord. No. 935, November 14, 2012)
§ 8-9.2 Open District Development Standards.
(a)
Land Coverage.
(1)
The amount of land coverage created, including buildings and pavement, shall not exceed 10% of the lot or parcel area.
(2)
No existing structure, use or improvement shall be increased in size, or any new structure, use or improvement undertaken so as to exceed the 10% land coverage limitation.
(3)
At least 3,000 square feet of land coverage shall be permissible on any parcel of record existing prior to or on September 1, 1972.
(b)
Residential Densities.
(1)
Except as otherwise provided in this Article, no more than one single family detached dwelling unit per three acres of land shall be permitted when the parcel is located within an area designated "Urban" or "Rural" by the State Land Use Commission.
(2)
No more than one single family detached farm dwelling unit per five acres of land shall be permitted when the parcel is located within an area designated as "Agricultural" by the State Land Use Commission, and provided that no more than five dwelling units may be developed on any one parcel.
(3)
Where the parcel is located within an area designated "Urban" by the State Land Use Commission, one single family detached dwelling unit per one acre of land shall be permissible if the existing average slope of the parcel is no greater than 10%.
(4)
Provided that the provisions of this Article shall not prohibit the construction or maintenance of one single family detached dwelling with necessary associated land coverage on any legal parcel or lot existing prior to or on September 1, 1972.
(5)
Existing Structures—Permits and Condominium Property Regimes (C.P.R.s).
(A)
Any lot of record which has a valid Zoning Permit(s) for more than five units prior to August 19, 2010, shall be allowed to build to the density for which there are permits.
(B)
Any lot of record which has been submitted to a condominium property regime ("C.P.R.") that has been registered with the Real Estate Commission prior to August 19, 2010, shall be allowed to build to the density in place at the time of the registration of the C.P.R. with the Real Estate Commission.
(C)
Any dwelling unit constructed under these provisions or lawfully existing prior to May 21, 2010 may be replaced, expanded, altered or enlarged in accordance with all other applicable provisions of this Chapter.
(c)
Subdivision.
(1)
No parcel or lot shall be created which is less than three acres in size within an area designated as "Urban" or "Rural" by the State Land Use Commission, or less than five acres in size within an area designated as "Agriculture" by the State Land Use Commission, except within an "Urban" area a lot or parcel may be created which is one acre or more in size if the existing average slope of the lot or parcel thus created is no greater than 10%.
(2)
No parcel or lot shall be subdivided when the improvements on the parcel meet or exceed the density and land coverage requirements of this Article.
(3)
No portion of any parcel previously used as the basis for the calculation of allowable density or subdivision in any other District shall subsequently be subdivided or used as the basis for any other density or land coverage calculation.
(4)
For contiguous lots or parcels of record in common ownership existing prior to or on September 1, 1972, within an area designated as "Agricultural" by the State Land Use Commission the following standards shall apply. Parcel area shall be calculated in accordance with Sec. 8-1.4(d):
(A)
Parcels not more than 50 acres, may be subdivided into parcels not less than five acres in size.
(B)
Parcels larger than 50 acres, but not more than 300 acres may be subdivided into 10 or fewer parcels, none of which may be smaller than five acres.
(C)
Contiguous lots or parcels of record in common ownership existing prior to or on September 1, 1972, larger than 300 acres may be subdivided only in accordance with the following criteria:
(i)
A maximum of 75 acres may be subdivided into not more than 10 parcels, none of which shall be smaller than five acres;
(ii)
An additional 20% of the total parcel area or 300 acres, whichever is less, may be subdivided into parcels, none of which shall be smaller than 25 acres;
(iii)
The balance of the parcel area shall not be subdivided.
(5)
Standards for Subdivision on State Land Use District Agricultural. Any subdivision on land in State Land Use Commission Agricultural District shall be consistent with the provisions of H.R.S. Chapter 205 and Article 8 of Chapter 8 of Title IV of the Kaua'i County Code.
(d)
Development Standards. Subject to the density and subdivision restrictions in Subsection (c), the development requirements for use development or subdivision within an Open District shall be:
(1)
The same as the requirements for the District in which the proposed use would be permitted under other provisions of this Chapter.
(2)
The same as the requirements of Secs. 8-4.4 and 8-4.5 of the Residential District if no use is indicated or if the use proposed is not readily assignable to any other Use District.
(3)
Public Access. The Planning Commission may require the dedication of adequate public access ways not less than 10 feet in width to publicly-owned land or waters and may require the preservation of all historic and archaeological sites, known or discovered on the parcel subject to development.
(Ord. No. 935, November 14, 2012)
§ 8-9.3 Calculation of Densities and Land Coverage.
(a)
The area in connection with which the permissible densities shall be calculated shall consist of that lot or lots, or parcel owned or controlled by the applicant designated in the permit application as part of the land development for which the permit is sought.
(b)
When an area is included in the Open District because it is within the Constraint District, the precise boundary of the Open District shall be established to reflect the physical or ecological considerations upon which the particular Constraint District is based, regardless of lot or parcel boundaries. In those cases, that portion of the lot or parcel included in Open District may be included in any calculation of permitted densities and land coverage to be carried out on that portion of the parcel that is not within the Open District, provided that the total amount of density and land coverage shall be no more than one and one-half (1-1/2) that which would be permissible if the Open District portion of the lot or parcel was excluded from the calculation.
(c)
Open Space. When a subdivision meeting the density and parcel area requirements of Secs. 8-4.4, 8-8.2(c), 8-8.4, 8-8.6, 8-9.2(b) and 8-9.2(c), results in the designation of areas within the subdivision for open space use, the areas shall be designated on the final subdivision map and Zoning Map as open space, and, in that case, upon approval of the final subdivision map the areas shall automatically be transferred to the "Open District, Special Treatment-Open Space" for zoning purposes.
(Ord. No. 935, November 14, 2012)
§ 8-9.4 Permits Required.
(a)
Where a parcel is adjacent to, or within 1,000 yards of, a Use District or Districts other than an Open District, no Use Permit shall be issued for uses and structures on parcels which are not generally permitted, or permitted under a Use Permit, in all adjacent or proximate Districts.
(b)
No construction or other development for which Standards are established in this Chapter shall be undertaken within any Open District except in accordance with a valid Zoning Permit. The requirements for Zoning Permits shall be the same as those established in Sec. 8-8.4 of this Chapter. Where no definite Class Permit is specified for any use application, Class II Zoning Permit procedure shall apply.
(Ord. No. 935, November 14, 2012)
§ 8-9.5 Review of Open District Designations in Particular Cases.
In some cases, lands have been included in the Open District that are designated for Residential or other use in the County General Plan. Such Open District zoning reflects a judgment that such lands are not now needed for the uses indicated in the General Plan. To assure timely consideration of whether such need has arisen, the Planning Commission shall review the status of such lands no later than five years after September 1, 1972, and every succeeding five years thereafter.
(Ord. No. 935, November 14, 2012)
§ 8-9.6 Developed Campgrounds in Open Zoning Districts.
Developed campgrounds are prohibited in all Open Zoning Districts. This Section shall not apply to State and County campgrounds existing prior to December 2, 2021.
(Ord. No. 1105, December 2, 2021; Ord. No. 1135, November 2, 2022)