Kauai County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 12
Constraint Districts S
§ 8-12.1 Purpose.
The Constraint District specifies the additional performance required when critical or valuable physical, ecologic, or biologic characteristics of the environment exist on the same parcel where particular functions or uses may be developed.
(a)
To implement the objectives of the six Development Restriction Zones established in the General Plan.
(b)
To identify those areas where particular physical, biologic and ecologic characteristics of the land, water and atmosphere indicate that standard requirements for development, modification or use may be inadequate to insure the general health, safety or welfare of the public or the maintenance of established physical, geologic and ecologic forms and systems.
(c)
To insure that development, modification or use will not create substantial threats to health, safety and welfare of people, or to the maintenance of established physical, biologic, and ecologic forms and systems.
(d)
To permit development, modification or use when it can be shown, within the limits of available knowledge, that ecologic interrelationship will be improved or not significantly depreciated.
(Ord. No. 935, November 14, 2012)
§ 8-12.2 Types of Constraint Districts and Application.
(b)
The standards established in each Constraint District shall apply to all modifications, development or uses which are undertaken on lands within the boundaries of the Districts and shall be in addition to the development standards applicable to lands in the underlying Use and Special Treatment Districts in which the lands are located.
(c)
When land is located in more than one Constraint District, the more restrictive standard concerning any subject matter of regulation shall apply.
(d)
Applications for Zoning or Use Permits for uses, structures and development in Constraint District shall include the information required by, and shall establish conformity to the standards established for, the Constraint District or Districts in which the lands in question are located.
(Ord. No. 935, November 14, 2012)
§ 8-12.3 Drainage Districts (S-DR).
(b)
Lands Included in the Drainage District.
(1)
The Drainage District includes all rivers, streams, storm water channels, and outfall areas indicated in the Development Restriction Zones of the General Plan and other areas of similar physical characteristics and conditions.
(2)
Within two years after September 1, 1972, the Department of Public Works on the basis of available information, shall prepare a master drainage plan for the County that shall include:
(A)
The boundaries of watershed areas 100 acres or larger.
(B)
A classification of all rivers, streams, and water carrying channels based on calculated existing carrying capacities and potential carrying capacities.
(C)
The limitations on increased quantities of water by watershed which may be added to any channel.
(D)
Water quality control standards and criteria for all constant flowing rivers and streams and marine outfalls.
(E)
Proposed and anticipated channel revisions, new channels, and all required structural appurtenances or conditioning to channels, with estimated costs and projected scheduling of improvements.
(F)
Standards, regulations and procedures concerning drainage practices in connection with development that effects water quality and quantity.
(3)
Upon approval by the Planning Commission and adoption by the Council, this master drainage plan shall supplement the requirements of this Section.
(c)
Requirements for Development Within a Drainage District. Prior to the adoption of a master drainage plan, no Zoning, Building or Use Permit shall be issued, nor shall any use requiring the development, grading or alteration of any portion of the Drainage District be permitted, unless the applicant establishes conformity with the requirements of this Section.
(1)
No water course or outfall of a water course shall be modified, constricted, altered, piped, lined or substantially changed in any way unless first approved by the Department of Public Works.
(2)
Development shall not be allowed on land adjacent to water courses which increases the flow at peak discharge above the capacity of its present channel, or materially increases the flood plain of downstream water courses.
(3)
Pollutants shall not be discharged into any natural water course that are considered harmful or dangerous by State, Federal or County health or water control authorities to the public or to vegetation and wildlife.
(4)
Development shall not be allowed that causes discharge or runoff of substantial amounts of silt, construction materials, trash, solid waste or other deleterious material.
(5)
The Department of Public Works shall require that detailed plans and calculations accompany applications for development or modifications of any water course or of any development, grading or clearing of any land area.
(d)
Modification of Requirements. The requirements of this Article shall not apply to any area within the Drainage District where the applicant demonstrates to the satisfaction of the Department of Public Works, that the area in question should not have been included in the Drainage District under the criteria established in this Section.
(Ord. No. 935, November 14, 2012)
§ 8-12.4 Flood District (S-FL).
(b)
Lands Included. All lands subject to flooding and identified as flood fringe, floodway, and general flood plain areas by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the County of Kaua'i," dated March 9, 1987, with accompanying Flood Insurance Rate Maps.
(c)
Requirements for Development Within a Flood District. No Zoning, Building, or Use Permit shall be issued, nor shall any use requiring the development, grading or alteration of any portion of the Flood District be permitted, unless the applicant establishes conformity with the requirements of this Section.
(1)
Applications shall include:
(A)
Development plans indicating:
(i)
The location, size, nature, and intended use of all buildings, roads, walkways and other impervious surfaces;
(ii)
Limits and extent of all clearing and grading operations; grading plans showing existing and revised contour lines; cross sections showing cuts and fills anticipated; angles of slopes and structural appliances such as retaining walls and cribbing;
(iii)
Sizes and locations of existing and proposed surface and subsurface drainage with expected quantities, velocities, and treatment of outfalls;
(iv)
Provisions for siltation and erosion control during construction and plans for revegetation of all cleared or graded areas not covered by impervious surfaces;
(v)
Identification of flood hazards on the site, including the delineation of the floodways and base flood elevations.
(B)
When required by the Department of Public Works, hydrologic and geologic reports showing the effects of the development on ground water recharge, storm water retention and marine water quality shall be submitted.
(C)
When required by the Planning Director, an environmental impact study indicating critical areas of concern and the effects of the proposed development on physical, geologic, ecologic and environmental forms and systems such as downstream water quality, flood plains, wildlife, vegetation and marine ecologies, visual and historic amenities, and air or ground water pollution.
(2)
The use, structure and development, if required, shall be subject to additional construction and development standards provided in Sec. 15-1, Flood Plain Management.
(3)
The applicant shall demonstrate to the satisfaction of the Planning Director, the Department of Public Works, and the Manager and Chief Engineer of the County Water Department that the proposed development will not have a detrimental effect on the ecology of the area and that the potential damage to public utility, traffic service systems, as a result of the development, has been substantially eliminated.
(Ord. No. 935, November 14, 2012)
§ 8-12.5 Sea Level Rise District (S-SLR).
(a)
Purpose.
(1)
To minimize the threat to public health and safety due to sea level rise that increases the impacts of annual high wave run up and passive flooding.
(2)
To promote resilient planning and design.
(3)
To minimize the expenditure of public money for costly flood control projects necessitated from sea level rise impacts.
(4)
To minimize the need for rescue and relief efforts that are associated with sea level rise flooding and generally undertaken at the expense of the general public.
(5)
To ensure that those who occupy areas that are projected to be impacted by sea level rise acknowledge and assume responsibility for their actions.
(b)
General Provisions.
(1)
Lands Included. All lands subject to annual high wave flooding and passive flooding impacts projected by the Kauai Sea Level Rise Constraint District Viewer (with 3.2 feet of sea level rise anticipated to occur within this century) and within the County of Kaua'i Sea Level Rise Constraint District (S-SLR).
(2)
Compliance. No structure shall be constructed, located, extended, converted, or altered without full compliance with the terms of this Article or other applicable regulations.
(3)
Other Laws and Regulations. All construction and improvements subject to this Article shall comply with other applicable laws and regulations, including but not limited to, the Flood Plain Management Ordinance, Building Code, Electrical Code, Plumbing Code, Subdivision Ordinance, Special Management Area Rules and Regulations, and Sediment and Erosion Control Ordinance. In case of a conflict between this Article and the requirements of any other Federal law, State law, or County ordinance, such as the Flood Plain Management Ordinance, the more restrictive requirements shall apply.
(4)
Interpretation. In the interpretation and application of this Article, all provisions shall be:
(5)
Warning and Disclaimer of Liability. The degree of sea level rise protection required by this Article is considered reasonable for regulatory purposes and is based on scientific considerations. Larger floods and hazards can and will occur on occasions. Sea level rise flood elevations may be increased by human or natural causes. This Article does not imply that land outside the area of the Constraint Sea Level Rise District or uses permitted within such area will be free from damage. This Article shall not create liability on the part of the County of Kaua'i, any officer, or employee for any damages that result from reliance on this Article or any administrative decision lawfully made based on this Article.
(c) "Annual high wave run up" "Basement" "Building footprint" "County" "County Engineer" "Flood" or "flooding" "Kaua'i Sea Level Rise Constraint District Viewer" "Lowest floor" "Passive flooding" "Planning Director" "Sea level rise flood elevation (SLRFE)" "Structure," "Substantial damage" "Substantial improvement"
Definitions.
is the distance over which the maximum annually occurring significant wave height and associated peak period run-up and wash across the shoreline.
means the portion of a building having its floor subgrade (below ground level) on all sides.
shall mean all parts of a main building (excluding roof overhangs) that rest on the ground directly or indirectly, including those portions of the building that are supported by posts, piers, or columns. Building footprint also includes attached garages, covered carports, bay windows with floor space, lanais, decks, cantilevered decks. This definition does not include vertical access, such as stairs or ramps.
means the County of Kaua'i.
means the County Engineer of the County of Kaua'i or his/her authorized representative.
means a general condition of partial or complete inundation of normally dry land areas from overflow of inland or marine water resulting from any source or the unusual and rapid accumulation of runoff or surface waters from any source.
is an online atlas in effect on October 14, 2022 and generated by data used in the creation of the Hawai'i Sea Level Rise Vulnerability and Adaptation Report that was mandated by Act 83, Session Laws of Hawai'i (SLH) 2014 and Act 32, SLH 2017. The Viewer provides visualizations depicting projections of future annual high wave run up and passive flooding hazards due to rising sea levels. The methodology and data were provided by the University of Hawai'i School of Ocean and Earth Science and Technology (UH SOEST) through a collaborative project led by the University of Hawai'i Sea Grant College Program (Hawai'i Sea Grant) in partnership with DLNR and the State of Hawai'i Office of Planning, and published under Anderson et al. 2018.
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, for the purposes of this Article, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter.
is flooding of low coastal lands due to sea level rise potentially from multiple sources, including but not limited to seawater flowing directly across the shoreline, backflow through storm drains, and rising groundwater tables.
means the Planning Director of the Planning Department of the County of Kaua'i.
the individual depth above existing grade per grid unit provided by the County of Kauai Sea Level Rise Constraint District Viewer for both the high wave run up hazard and the passive flooding hazard when either of those are associated with 3.2 feet of sea level rise occurring within this century.
for the purpose of the Sea Level Rise District (S-SLR), means a walled and roofed building and includes gas or liquid storage tanks that are principally above ground and includes manufactured homes such as mobile homes.
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
means any combination of repairs, reconstruction, improvements, or additions or other improvements to a structure over a 10 year period, where the cumulative cost equals or exceeds 50% of the market value of the structure before the start of construction of the first improvement during that 10 year period. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The cost of any substantial improvement, including the cost to repair damage to pre-damage condition, shall be reviewed and determined by the County Engineer or his/her authorized representative. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of a State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
(d)
Design Standards.
(1)
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(2)
Elevation.
a.
Residential Structures. All new construction and substantial improvements shall have the lowest floor (including basements) elevated at least two feet above the highest sea level rise flood elevation (SLRFE) located within the respective building footprint. This additional two feet shall be calculated from the top of the SLRFE to the bottom of the lowest horizontal structural member of the lowest floor, excluding pilings, columns, and vertical accesses.
Fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access, or storage in an area other than a basement shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvres, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood-waters.
b.
Nonresidential Structures. All new construction and substantial improvements shall elevate the lowest floor, including basement, at least one foot above the highest sea level rise flood elevation located within the respective building footprint. This additional one foot shall be calculated from top of the SLRFE to the bottom of the lowest horizontal structural member of lowest floor, excluding pilings, columns, and vertical accesses.
(3)
Fill is prohibited for structural support.
(4)
No machinery or equipment that service a building, such as furnaces, air conditioners, heat pumps, hot water heaters, washers, dryers, elevator lift equipment, electrical junction and circuit breaker boxes, and food freezers, are permitted below the respective SLRFE located within the respective space the machinery is proposed to be situated.
(5)
All interior wall, floor, and ceiling materials located below the sea level rise flood elevations must be unfinished and resistant to flood damage. The design standards set forth in the American Society of Civil Engineers (ASCE) 24 Flood Resistant Design and Construction shall be followed.
(6)
Front, Rear, and Side Setback Areas. The following may be located within the required setback areas:
(7)
All design standards shall conform, at a minimum, to the Kaua'i County Code's Floodplain Management Regulations (See Title V, Chapter 15, Article 1 Floodplain Management). Additionally, per the State Building Code Council, as of November 13, 2020 Kaua'i County is required to adopt the 2012 International Building Code Council and will be required to adopt the 2018 International Building Code in timeframes determined by the State Building Code Council. The 2012 International Building Code incorporates, by reference, that the ASCE section 24-05 Flood Resistant Design and Construction be followed. The 2018 International Building Code incorporates, by reference, that the American Society of Civil Engineers (ASCE) section 24-14 Flood Resistant Design and Construction be followed. The current versions of the IBC and ASCE Flood Resistant Design and Construction shall be followed and the more stringent criteria will comply where conflicts arise with the SLRFE.
(e)
Nonconforming Structures. Any nonconforming structure existing on the effective date of this ordinance may continue subject to the following conditions:
(1)
Any repair, reconstruction, improvement, or addition to a nonconforming structure; if it is determined to be substantial improvement or repair of substantial damage, it shall comply with the applicable standards for new construction in the Constraint Sea Level Rise District. However, a repair, reconstruction, improvement, or addition to a nonconforming structure will not have to comply with the applicable standards for new construction if it meets one of the following criteria: (1) any project for improvement of a structure to correct existing violations of a State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
(2)
Replacement or reconstruction of a destroyed or demolished nonconforming structure is considered new construction regardless of the actual work performed and shall comply with the applicable standards of this Article.
(3)
All relocated structures shall comply with the standards of the Article.
(f)
Determination of Exemption.
(1)
Standards. A Determination of Exemption from the design standards of this Article may be issued by a joint determination of the County Engineer and the Planning Director where the applicant can demonstrate that the proposal will not increase sea level rise flood heights, create additional threats to public safety, create extraordinary public expense, create nuisances, or conflict with existing local laws or ordinances.
(2)
Request for Determination of Exemption. A request for Determination of Exemption shall be submitted to the Planning Director and the County Engineer. The application shall be signed and stamped by a registered professional engineer or architect, and it shall include three sets of documents with the following information as may be required by the Planning Director and the County Engineer.
a.
Plans and specifications showing the site and location; dimensions of all property lines and topographic elevation of the lot; existing and proposed structures and improvements, fill, storage area; location and elevations of existing and proposed streets and utilities; relationship of the site to the location of the Sea Level Rise Constraint District, flood boundary; floodway; and the existing and proposed flood control measures and improvements.
b.
Cross-sections and profile of the area and the regulatory SLRFE elevations and profile based on elevation reference marks on flood maps.
c.
Flood study and drainage report in areas where study and report have not been reviewed and accepted by the County.
d.
Description of surrounding properties and existing structures and uses and the effect of the regulatory flood on them caused by the determination of exemption.
e.
An agreement, executed by the property owner, that a covenant will be inserted in the deed and other conveyance documents of the property and filed with the Bureau of Conveyances of the State of Hawai'i stating that the property is located in the Sea Level Rise Constraint District and is subject to flooding and flood damage; that a determination of exemption to construct a structure below the SLRFE may result in increased flood risks to life and property; that the property owners will not file any lawsuit or action against the County for costs or damages or any claim; that the property owners will indemnify and hold harmless the County from liability when such loss, damage, injury, or death results due to the determination of exemption and flooding of the property; and that upon approval of the determination of exemption, the covenants shall be fully executed and proof of filing with the Bureau of Conveyances shall be submitted to the County Engineer prior to the issuance of a building permit.
f.
Such other information as may be relevant and requested by the Planning Director and the County Engineer.
(Ord. No. 935, November 14, 2012; Ord. No. 1134, October 14, 2022)
§ 8-12.6 Slope Districts (S-SL).
(a)
Purpose.
(1)
To insure public safety from earth slides and slips.
(2)
To minimize erosion and attendant siltation of downstream waters.
(3)
To insure safety from downstream flooding due to altered runoff characteristics.
(4)
To protect ecologic functions such as ground water recharge, wildlife habitats, and vegetative communities.
(b)
Lands Included. All land areas in excess of 20% slope (one foot of rise or fall in five feet measured horizontally).
(c)
Requirement for Development Within the Slope District. No Zoning, Building, or Use Permit shall be issued, nor shall any use requiring the development, grading, or alteration of any portion of the Slope District be permitted, unless the applicant establishes conformity with the requirements of this Section.
(1)
Applications for all subdivision development, land alteration or clearing, other than one single family dwelling unit on an existing parcel shall include specific development plans indicating:
(A)
The location, size, nature, and intended use of all buildings, roads, walkways and other impervious surfaces.
(B)
Limits and extent of all clearing and grading operations; grading plans showing existing and revised contour lines; cross sections showing cuts and fills anticipated; angles of slopes and structural appliances such as retaining walls and cribbing.
(C)
Sizes and locations of existing and proposed surface and subsurface drainage with expected quantities and velocities and treatment of outfalls.
(D)
Provisions for siltation and erosion control during construction and plans and schedules for revegetation of all cleared or graded areas not covered by impervious surfaces.
(E)
When required by the Department of Public Works, a soils and geology report by a soils engineer defining existing soil and geologic stability and other pertinent characteristics and certifying the stability of the proposed development.
(F)
When required by the Planning Director, an environmental impact study indicating critical areas of concern and the effects of the proposed development on physical, biologic, ecologic and environmental forms and systems, such as downstream water quality, flood plains, wildlife, vegetation, and marine ecologies, visual and historic amenities, and air or ground water pollution.
(2)
All graded areas not covered by a building or other impervious surfaces and all fill slopes steeper than one foot of rise in three feet horizontally shall be revegetated within six months of the commencement of grading unless areas other than fill slopes must be left bare because of other construction activities. The Department of Public Works may require revegetation of portions of the graded area which in its opinion are not necessary to in-progress construction, or where significant construction activity has been suspended for over 60 days. Grading operations which extend over one year shall require a time extension from the Department of Public Works. All bare areas where excessive erosion and dust problems may occur shall be revegetated prior to final inspection.
(Ord. No. 935, November 14, 2012)
§ 8-12.7 Soils District.
(a)
Purpose. To minimize the threat to public health and safety as a result of development on soils that are unstable, have inadequate drainage characteristics, or require abnormal structural solutions because of load bearing or drainage characteristics.
(b)
Lands Included. The Soils District shall include all land areas where:
(1)
The characteristics of the surface soils to a depth of five feet inhibit water percolation to the point that it is unacceptable to State and County health officials for use as septic effluent discharge, or allows surface water to stand for over 12 hours.
(2)
The characteristic of the soil and subsurface geology makes the soil inadequate as a bearing surface for standard building or road construction.
(3)
The characteristic of the soil in combination with slope, water, wind, or other physical factors makes the soil unstable and subject to sliding, slipping, or water or wind erosion.
(c)
Requirements for Development Within a Soils District. No Zoning, Building or Use Permit shall be issued, nor shall any use requiring the development, grading or alteration of any portion of the Soils District be permitted, unless the applicant establishes conformity with the requirements of this Section.
(1)
Applications shall include soils and geologic reports by a soils engineer submitted to the Department of Public Works indicating the structure, drainage characteristics, and bearing capacities of the land to be developed. The report shall include a topographic map of the parcel indicating existing or potential slip, slide, or highly erosive areas, and areas with poor surface drainage or inadequate percolation rates.
(2)
The applicant shall demonstrate through detailed drawings that the development will not contribute to the instability of the land and that all structural proposals including roads and pavement have adequately compensated for soil characteristics.
(3)
The applicant shall demonstrate through detailed drawings that the proposed development will eliminate the potential of casual standing water through positive drainage and that percolation rates are adequate for the type of development proposed.
(4)
For the development of not more than one dwelling unit, the Department of Public Works may waive any of the requirements of this Article provided that requirements of the State Health Department and County Building Code are met or exceeded.
(Ord. No. 935, November 14, 2012)
§ 8-12.8 Tsunami Districts (S-TS).
(a)
Purpose. To minimize the threat to the public health and safety, and damage to property due to extraordinary ocean wave action.
(b)
Lands Included. All lands subject to flood hazards caused by extraordinary ocean wave action, regardless of generating force, identified as coastal high hazard areas by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the County of Kaua'i," dated March 4, 1987, with accompanying Flood Insurance Rate Maps.
(c)
Requirements for Development in a Tsunami District. No Zoning, Building, or Use Permit shall be issued for development of any portion of the Tsunami District unless the applicant establishes conformity with the requirements of this Section.
(1)
The following uses, structures, and developments shall not be permitted in the Tsunami District:
(2)
The use, structure and development, if required, shall be subject to additional construction and development standards provided in Sec. 15-1, Flood Plain Management.
(3)
Applications shall delineate the boundaries of the Tsunami District, the coastal high hazard areas as shown on the flood maps, and designate the base flood elevations for the site.
(Ord. No. 935, November 14, 2012)