Zoneomics Logo
search icon

Kauai County Unincorporated
City Zoning Code

ARTICLE 11

Special Treatment Districts ST

§ 8-11.1 Purpose.

The Special Treatment District specifies the additional performance required when critical or valuable social or aesthetic characteristics of the environment or community exist in the same area as a parcel where particular functions or uses may be developed.
(a) 
To designate and guide development of County areas which because of unique or critical cultural, physical or locational characteristics have particular significance or value to the general public.
(b) 
To ensure that development within those areas recognize, preserve, maintain and contribute to the enhancement of those characteristics which are of particular significance or value to the general public.
(c) 
To ensure that development within those applicable areas is constructed in a manner that safely mitigates impacts from coastal hazards, including but not limited to sea level rise, coastal erosion, high wave runup, passive flooding, and an increased frequency and intensity of storms.
(d) 
Any of these districts may overlap any Use Districts, creating accumulated regulations that more nearly relate to the conditions of the specific location where the development or use may occur.
(Ord. No. 935, November 14, 2012; Ord. No. 1085, December 3, 2020)

§ 8-11.2 Types of Special Treatment Districts.

There are five Special Treatment Districts, as follows:
(a) 
Public Facilities (ST-P). All public and quasi-public facilities, other than commercial, including schools, churches, cemeteries, hospitals, libraries, police and fire stations, government buildings, auditoriums, stadiums, and gymnasiums, which are used by the general public or which tend to serve as gathering places for the general public; and those areas which because of their unique locations are specially suited for such public and quasi-public uses.
(b) 
Cultural/Historic (ST-C). Communities and land or water areas which have a particular and unique value to the general public because of significant historic background, structures, or land forms.
(c) 
Scenic/Ecologic Resources (ST-R). Land and water areas which have unique natural forms, biologic systems, or aesthetic characteristics which are of particular significance and value to the general public.
(d) 
Open Space (ST-O). Areas which, pursuant to Article 9 ("Open Districts"), have been designated as "open space" areas.
(e) 
Coastal Edge (ST-CE). Areas that are highly vulnerable to coastal hazards, including but not limited to sea level rise, coastal erosion, high wave run-up, passive flooding, and an increased frequency and intensity of storms.
(Ord. No. 935, November 14, 2012; Ord. No. 1085, December 3, 2020)

§ 8-11.3 Generally Permitted Uses, Structures and Development.

All uses, structures, or development shall require a Use Permit, except repairs or modifications of land and existing structures that do not substantially change the exterior form or appearance of three dimensional structures or land; provided that no uses, structures, or development shall be allowed in Special Treatment-Open Space Districts without express provision to the contrary. In addition, such repairs or modifications do not require a Zoning Permit.
(Ord. No. 935, November 14, 2012; Ord. No. 1085, December 3, 2020)

§ 8-11.4 Uses, Structures and Development Requiring a Use Permit.

(a) 
Any use, structure or development permitted with or without a Use Permit in the underlying Use District in which the parcel or lot is located that is consistent with an approved plan for development in accordance with Sec. 8-11.5.
(b) 
Repairs or modifications of land and existing structures that substantially change the exterior form or appearance of the structures or land in a manner inconsistent with the surrounding area within the Special Treatment District.
(c) 
No uses, structures, or development shall be allowed by Use Permit in Special Treatment-Open Space Districts without express provision to the contrary.
(d) 
Any use, structure, or development permitted with or without a Use Permit in the Special Treatment Coastal Edge District shall mitigate impacts from coastal hazards, including but not limited to sea level rise, coastal erosion, high wave run-up, passive flooding, and an increased frequency and intensity of storms.
(Ord. No. 935, November 14, 2012; Ord. No. 1085, December 3, 2020)

§ 8-11.5 Applications for Use Permits.

(a) 
The procedures are in addition to those established in Article 3.
(b) 
Before making an application, the applicant shall be informed of the particular reasons for the establishment of the Special Treatment District in which the applicant's land is located.
(c) 
Applications shall be accompanied by plans and three dimensional drawings or models which clearly indicate the relation of the proposed development to other uses and structures within the Special Treatment District and the ways in which the proposed development is consistent with the reasons for the establishment of the District. Plans shall indicate the location of all existing and proposed topography, buildings, walks, driveways, and utilities and plant material within the boundaries of the applicant's parcel and the existing or proposed streets, sidewalks, driveways, trees, buildings, and topography on adjacent lands as required by the Planning Director, but no less than 200 feet from property lines of the parcel which abut a public thoroughfare, park or facility and 100 feet from the property lines of the parcel which abut privately owned property. Aerial photography may be utilized to meet these requirements if approved by the Planning Director.
(d) 
In addition to the foregoing, the applicant may be required to provide:
(1) 
Cross sections, elevations, perspectives or models of any of the areas defined in this Article in order to illustrate the proposed development's three dimensional relationship to surrounding areas;
(2) 
Information concerning color, form, mass or shape of the structures in the proposed development and concerning the proposed development's impact on environmental characteristics such as sun and shadow, wind, noise, ecology, traffic and visual appearance; and
(3) 
Information concerning the impact of the proposed development on public services or utilities and social and economic structure or cultural characteristics.
(e) 
The Planning Director may waive any of the requirements established in this Section for proposals involving parcels of less than one acre in the Residential, Agriculture, or Open Districts, except in the Special Treatment-Open Space District, or less than 10,000 square feet in the Commercial or Industrial Districts.
(Ord. No. 935, November 14, 2012; Ord. No. 1085, December 3, 2020)

§ 8-11.6 Special Planning Areas.

(a) 
The Planning Commission may formulate development plans for any Special Treatment District or for any regional or subregional areas which are of particular County, State or Federal value because of unique physical, ecologic or cultural characteristics or are determined to be critical areas of concern to the general economic, social or physical development of the County.
(b) 
The District or areas shall be designated as Special Planning Areas. The boundaries of the areas shall be established by the Planning Commission and recorded on the Zoning Maps.
(c) 
Development plans for Special Planning Areas shall include, whenever appropriate and practical, the following:
(1) 
A review of existing physical characteristics, including public and private improvements, ownership, use and factors concerning geographic, ecologic, scenic, and resources features;
(2) 
A review of the social, economic, cultural and historic characteristics of the area;
(3) 
A statement concerning community goals, values, and objectives and the methods for involving the community in the planning process;
(4) 
A statement of the goals and objectives of the development plan and their relationship to the goals and objectives established in the General Plan, and an analysis of the specific problems inhibiting the accomplishment of the goals and objectives based on an analysis of existing conditions;
(5) 
A program of specific activities, improvements and modifications necessary to accomplish the stated goals and objectives;
(6) 
A physical development plan at scale of detail appropriate to the existing conditions and to feasible methods of implementation, that indicates the location and nature of programmed activities and improvements, including:
(A) 
Housing by density and type of dwelling units,
(B) 
Transportation and circulation by type, including pedestrian, bicycle, parking and related facilities,
(C) 
Recreation and open space by activity and function,
(D) 
Agricultural uses and structures,
(E) 
Commercial, industrial and resort uses and structures;
(7) 
The establishment of specific subdivision and development criteria, including setbacks, heights, permitted uses, and other design standards necessary for the implementation of the physical plan. The criteria may be more detailed than, or may vary from the requirements of the Use, Special Treatment and Constraint Districts within which a Special Planning Area has been located;
(8) 
A phasing and action priority program in four five year increments with an Estimated Capital Improvement Program decreasing in detail with each increment.
(d) 
The Planning Department shall review each development plan formulated under this Article no less than every five years after its adoption and shall revise and update all plan elements consistent with the conditions that prevail at the time of the review.
(e) 
Upon adoption by the Council, the provisions of the development plan shall constitute regulations and shall supersede conflicting regulations applicable in the Use, Special Treatment and Constraint Districts within which the Special Planning Area is located. Regulations and requirements not so superseded shall remain in force.
(f) 
After the Council adopts a development plan for a Special Planning Area, no development, use or activity may be undertaken in the area that is contrary to the development plan.
(Ord. No. 935, November 14, 2012; Ord. No. 1085, December 3, 2020)

§ 8-11.7 Scenic Corridors and Points.

(a) 
Purpose. To preserve, maintain and improve visual access and quality from major public thoroughfares or areas of public value and to define criteria and procedures necessary to achieve those ends.
(b) 
Land Included. Scenic corridors shall be as indicated on the General Plan and the Zoning maps and shall include by reference all land and water areas visible from the center line of the corridor or the scenic point, or to a lesser distance as the Planning Director shall determine.
(c) 
Requirements of Development and Structures Within a Scenic Corridor.
(1) 
The Planning Director may require the applicant to furnish graphic or pictorial material sufficient to indicate the nature of the proposed use, development or structure and its relation to the view from that portion of the corridor or point which may be affected.
(2) 
The Planning Director or designee shall ascertain whether the proposed development, structure, or use proposed will block, disrupt, or significantly change the visual accessibility or quality of the scenic corridor.
(3) 
The Planning Director may approve, approve with conditions, or refer the application to the Planning Commission with recommendations. Upon reference, the Planning Commission shall, in such case, approve, with conditions, or deny the permit.
(4) 
The Planning Director and the Planning Commission shall not deny an application if the denial would create undue hardship on the applicant, but shall nevertheless impose constructive and reasonable requirements on the development to protect the scenic quality of the corridor.
(d) 
The Planning Commission may require that visually disruptive or offensive activities, facilities, or structures that are within 300 feet of the public right-of-way be screened from view from the thoroughfare by an acceptable structural or plant screen.
(Ord. No. 935, November 14, 2012; Ord. No. 1085, December 3, 2020)