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Kauai County Unincorporated
City Zoning Code

ARTICLE 10

Project Development

§ 8-10.1 Purpose.

(a) 
To facilitate, by a Use Permit process, comprehensive site planning and design productive of optimum adaptation of development of significant land areas under the ownership of one person or cooperatively joined for the purpose of development.
(b) 
To provide a process that will allow diversification in the relationships of various uses, buildings, structures, open spaces and yards, building heights, lot sizes, and streets and utility systems in planning and designing use facilities while maintaining the intent of this Chapter.
(c) 
To assure, in proper cases, that the complete development of a parcel has been planned prior to the development or subdivision of any portion of the parcel so that public service, transport, and utility systems can be effectively anticipated and coordinated.
(Ord. No. 935, November 14, 2012)

§ 8-10.2 Lands that May Be Included in a Project Development.

Any land area designated as Urban District by the State Land Use Commission may be developed in accordance with a Use Permit issued pursuant to this Article if the land area is under one ownership or there is an agreement among several owners for the purposes of cooperative or joint development, and the land area is:
(a) 
In excess of one acre in a Commercial, Resort, or Industrial Use District; or
(b) 
Is large enough to qualify for more than 10 dwelling units in any Residential District, Open District, or Agriculture District.
(Ord. No. 935, November 14, 2012)

§ 8-10.3 Uses, Structures and Development Which May Be Permitted.

Any use, structure or development that is permitted in the Use District in which the land of the applicant is located, and any other use, structure or development subordinate or in support of, those uses may be allowed if it is demonstrated that the subordinate or supportive use, structure or development is:
(a) 
Compatible and complementary to the generally permitted uses and to public health, safety and welfare; and
(b) 
Compatible and complementary to uses on lands adjacent to the project development site and to uses in the general vicinity; and will not create conditions that overload existing public transport systems, utility systems or other public facilities.
(Ord. No. 935, November 14, 2012)

§ 8-10.4 Requirements for Project Development Use Permits.

(a) 
The applicant shall submit drawings and plans comprising a general development plan covering the entire area of the parcel to contain the project development that show: uses, dimensions and locations of proposed structures; widths, alignments and improvements of proposed streets, pedestrian and drainage ways; how the property could be divided for individual parcel sale; parking areas; public uses; landscaping and open spaces; a schedule of development; architectural drawings demonstrating the design and character of the proposed buildings and uses; and any other information or plans deemed necessary by the Planning Director.
(b) 
The applicant shall substantially commence construction of the project development within one year from the date of full approval, and shall demonstrate that the project development will be completed within the schedule furnished with the application.
(c) 
The applicant shall demonstrate, and the Planning Commission shall find, that the proposed project development substantially conforms to the intent of the General Plan.
(d) 
The Planning Commission shall find that the project development will create an environment of sustained desirability and stability, shall be compatible with the character of the surrounding neighborhood, and shall result in an intensity of land coverage and density of dwelling units no higher than are permitted in the Use District in which the project development is to be located. The Planning Commission may approve a project development containing residential uses, at a density higher than permitted in the District in which the project development is to be located, if the residences to be constructed will be leased or sold at prices that will make them available to persons of lower income. In that case, the applicant shall establish that the residential construction is being undertaken under a Federal or State subsidized housing program designed to produce housing for lower income persons.
(e) 
A permit may not be granted for any commercial development which will create any substantial traffic congestion, will interfere with any projected public improvements, and which does not include adequate provisions for entrances and exits, internal traffic and parking, or will create adverse effects upon the adjacent and surrounding existing or prospective development.
(f) 
All industrial developments included in a project development shall be in conformity with performance standards established by the Department of Public Works, shall constitute an efficient and well organized development with adequate provisions for freight service and necessary storage, and will not create adverse effects upon adjacent and surrounding existing or prospective development.
(g) 
The applicant shall demonstrate and the Planning Commission shall find that the development is of a harmonious, integrated whole and that the contemplated arrangements or uses justify the application or regulations and requirements differing from those ordinarily applicable within the District where the project development is to be located.
(Ord. No. 935, November 14, 2012)

§ 8-10.5 Permits Required.

A project development may only be undertaken in accordance with a Class IV Zoning Permit. The Permit may be issued by the Planning Commission if it determines that the requirements of this Article have been met even though the development thus permitted does not satisfy all the requirements applicable in the Use District in which the project development is to be located.
(Ord. No. 935, November 14, 2012)

§ 8-10.6 Joint Development of Two or More Abutting Lots.

(a) 
Application. This Section shall be applicable in all zoning districts.
(b) 
Joint Development—When Prohibited. A joint development is prohibited when the owner of abutting lots is the same person.
(c) 
Application for Joint Development. An applicant who desires a joint development over abutting lots without consolidating the lots may apply for a Use Permit to undertake a joint development. For the purposes of this Section, in the event leasehold interests are involved, the minimum term of the leasehold interests remaining on a lease shall be for 40 years.
(d) 
Accompanying Documents.
(1) 
Together with the application for a Use Permit the applicant shall submit a draft of an agreement describing the joint development and also a plot plan showing the location of proposed improvements on the lots. The agreement shall contain a covenant of the owners or lessees to maintain the development in conformity with all zoning regulations and that any conflicting claims or differences among the owners, lessees or developers shall not affect the right of the County to enforce all zoning and other County regulations so long as the structures constructed under the agreement are in existence.
(2) 
In the event the proposed improvements are to be constructed over abutting lots, then the agreement shall contain provisions respecting the removal or continued use of the improvements at the termination of the agreement.
(3) 
The agreement shall contain a covenant that at the termination of the joint development agreement the uses and improvements within each lot shall be made to be in conformity with all requirements of the Comprehensive Zoning Ordinance.
(4) 
The covenants mentioned in this Subsection shall be covenants which shall run with the land.
(e) 
Action on Application. If the Planning Commission finds that the joint development is reasonable, logical and consistent with the zoning regulations pertinent to the area, it may issue the Use Permit subject to the condition that the agreement mentioned in Subsection (d) of this Section be executed in final form, filed with the Planning Department and registered or recorded in the appropriate records office by the applicant. The owner's or lessee's agreement shall be subject to the approval of the County Attorney. No Building Permit shall be issued until the Planning Director has certified to the Building Division that the required conditions have been satisfied. The Planning Commission may impose other conditions relating to the proposed development as may be consistent with the Comprehensive Zoning Ordinance.
(Ord. No. 935, November 14, 2012)