Kauai County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 31
Electric Vehicle Charging Infrastructure
§ 8-31.1 Definitions.
The following definitions shall apply to this Article:
"Electric vehicle" or "EV"
means:
(1)
A neighborhood electric vehicle as defined in Hawai'i Revised Statutes (HRS) Section 286-2;
(2)
A vehicle, with four or more wheels, that draws propulsion energy from a battery with at least four kilowatt hours of energy storage capacity that can be recharged from an external source of electricity; or
(3)
A fuel cell electric vehicle.
"Electric vehicle charging system" or "EVCS" or "EVCS-installed"
means a system that:
(1)
Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles;
(2)
Meets recognized standards, including standard SAE J1772 of SAE International; and
(3)
Is designed and installed in compliance with article 625 of the National Electrical Code and has the same meaning as Electric Vehicle Supply Equipment as defined in article 625.2 of the National Electrical Code, as amended;
provided that the term shall not include facilities or systems for refueling the hydrogen storage tank of a fuel cell electric vehicle. |
"EV-ready space"
means a designated parking space which is provided with a dedicated branch circuit that is not less than 40-ampere and 208/240-volt assigned for electric vehicle supply equipment terminating in a receptacle or junction box located in close proximity to the proposed location of the EV parking space. For two adjacent EV-ready spaces, a single branch circuit is permitted.
"Fuel cell electric vehicle"
means a zero-emission electric vehicle that uses a fuel cell to convert hydrogen gas and oxygen into electricity that is used in a vehicle powertrain for propulsion.
"Level 2 charging station"
means the same as "alternating current Level 2 charging station" in HRS Section 269-72.
"Place of public accommodation"
means the same as provided in HRS Section 489-2.
"Total number of parking spaces"
means the total number of parking spaces proposed or required for the entire lot of record or the applicable condominium property regime (CPR) unit.
(Ord. No. 1142, November 7, 2022)
§ 8-31.2 EV Infrastructure Requirements: General Provisions.
The following provisions shall apply to this Article:
(a)
This Article applies to zoning permit applicants for certain properties referenced in Section 8-31.3 for:
(1)
New construction.
(2)
Modifications to increase the size of any existing or new structure on the property by 2,000 square feet or more, provided that only EVCS-installed requirements shall apply to modifications, not EV-ready requirements.
(b)
The zoning permit conditions required by this Article shall include the conditions that:
(1)
All required EVCS-installed systems shall be maintained in working order.
(2)
All required EV-ready infrastructure shall be maintained as able to support future installation of electric vehicle supply equipment.
(c)
Each new EVCS that is installed or placed in service pursuant to this Article shall be at least a Level 2 charging station.
(d)
Electric vehicle parking spaces shall be designated and clearly marked.
(e)
Electric vehicle parking space requirements shall not displace or reduce accessible stalls required by the Americans with Disabilities Act Accessibility Guidelines.
(f)
Owners of parking facilities may charge a fee for the use of an electric vehicle charging system.
(Ord. No. 1142, November 7, 2022)
§ 8-31.3 EV Infrastructure Requirements.
(a)
Where parking is provided at the following sites, EVCS-installed and EV-ready parking spaces shall be included in compliance with Table 8-31.3.1 and any applicable requirements of Kaua'i County Code 1987, as amended, Title V (Building and Construction Regulations):
(1)
Industrial District.
(2)
Commercial District.
(3)
Resort District.
(4)
Agriculture District, for operations with 50 or more employees.
(5)
Multi-family ("Dwelling, Multiple Family") residential sites with three or more units.
Table 8-31.3.1: EVCS-Installed and EV-Ready Requirements | ||
|---|---|---|
Total Number of Parking Spaces | Minimum number of EVCS-Installed Spaces | Minimum number of EV-Ready Spaces |
1 – 99 | Not mandatory but encouraged. | 15% of the total number of parking spaces, with a minimum of one parking space and all fractions rounded up, minus the number of any EVCS spaces voluntarily installed to the standards prescribed by this Article. |
100+ | 5% of the total number of parking spaces, with all fractions rounded up. | 15% of the total number of parking spaces, with all fractions rounded up, minus the number of EVCS-installed spaces. |
(b)
The minimum number of EVCS-installed parking spaces may be reduced in response to a substantiated request made by an applicable place of public accommodation pursuant to HRS Section 291-71(a), which allows that owners of multiple parking facilities within the State may designate and electrify fewer parking spaces than required in one or more of their owned properties, provided that the scheduled requirement is met for the total number of aggregate spaces on all of their owned properties.
(Ord. No. 1142, November 7, 2022)
§ 8-31.4 Civil Fines.
Any person who violates the provisions of this Article shall be subject to the penalties provided in Section 8-3.5 of this Chapter.
(Ord. No. 1142, November 7, 2022)
§ 8-31.5 Administrative Rules.
Pursuant to HRS Chapter 91, the Planning Commission may promulgate administrative rules consistent with this Article as may be necessary to implement any of the provisions of this Article.
(Ord. No. 1142, November 7, 2022)
