Kauai County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 4
Residential Districts R
§ 8-4.1 Purpose.
The Residential District regulates the number of people living in a given area by specifying the maximum allowable number of dwelling units that may be developed on any given parcel of land. In order not to differentiate between economic groups or life-styles, a reasonable flexibility in the type of dwelling units and their placement on the land has been provided.
(a)
To establish standards governing the development, construction and use of housing and dwelling facilities.
(b)
To provide opportunity for all groups of persons to obtain adequate housing within each area of the County suitable for residential use in relation to other land uses and consistent with the preservation of natural, scenic, and historic resources.
(c)
To establish the level of minimum services necessary to assure the adequacy of housing.
(d)
To encourage a variety of housing types, sizes and densities necessary to meet the needs of all economic groups and to avoid environmental monotony detrimental to the quality of life.
(e)
To maintain the character and integrity of communities within residential districts and support residents in continuing to live and raise their families in these neighborhoods.
(Ord. No. 935, November 14, 2012)
§ 8-4.2 Types of Residential Districts.
§ 8-4.3 Development Standards for Residential Structures Not Involving the Subdivision of Land.
(a)
Parcel Area. The parcel area required for single family detached dwelling units shall be calculated in accordance with the density and acreage limitations in the particular Residential Density District, as provided in Sec. 8-4.2, except that, one single family detached dwelling unit may be constructed on any legal lot or parcel of record as of August 17, 1972, even if the lot or parcel is smaller than is required in the density district in which the lot or parcel is located.
(b)
Setback requirements. Setback requirements shall be as follows:
(1)
Front setback: No structure, including but not limited to garages, carport, decks above grade, and accessory or storage structures may be closer than 10 feet to the right-of-way line of a public thoroughfare or the property line of a private street or the pavement line of a driveway or parking lot serving more than three dwelling units.
(2)
Rear setback: No structure shall be closer than (5) feet or 1/2 the total height of the building wall nearest the rear property line, whichever is greater.
(3)
Side setback: No building shall be closer to a side property line than five feet or 1/2 the total height of the highest building wall from the ground level nearest the property line, whichever is greater.
(4)
No eave, roof overhang, or other appurtenance to a building, other than a fence under six feet in height, shall project into any setback more than 1/2 the distance of the setback, or four feet, whichever is less.
(5)
No balconies, overhead walkways, decks, carports or other exterior spaces intended for human occupancy above the ground floor of any building, shall penetrate the setback area.
(6)
Accessory buildings and garden or service shelters not higher than seven feet nor covering more than 400 square feet, nor exceeding 20% of the rear side property line in the longest dimension facing the rear property line, may be built without setback.
(7)
Greater setbacks because of topographic, drainage, sun exposure or privacy conditions may be required and made a condition for a Zoning Permit.
(c)
Minimum distance between structures. Minimum distance between structures shall be 10 feet.
(d)
Parcel Dimension Requirements. Parcel dimension requirements shall be as follows:
(1)
A parcel large enough to qualify for two or more dwelling units shall conform to the following requirements before any person is permitted to develop more than one single family dwelling unit and accessory buildings on the parcel:
(2)
Requirements for parking, access, driveways, building height, utilities and other regulations not specified in this Section shall be the same as those required of all residential development as established in Sec. 8-4.5.
(3)
The amount of land coverage created for R-1 to R-6 Zoning Districts including buildings and pavement, shall not exceed 60% of the lot or parcel area. Land coverage for the R-10 Zoning District shall not exceed 80% and land coverage for the R-20 Zoning District shall not exceed 90%.
(e)
Open Space. When development on a parcel meeting the density and parcel area requirements of this Section results in the designation of areas within the parcel for open space use, the area shall be designated on a map of the parcel as permanent open space and the map shall be recorded with the Bureau of Land Conveyances. In addition, the areas shall automatically be transferred to the Open District for zoning purposes.
(Ord. No. 864, March 7, 2008Ord. No. 935, November 14, 2012; Ord. No. 1051, July 3, 2019; Ord. No. 1072, April 23, 2020; Ord. No. 1073, May 7, 2020)
§ 8-4.4 Development Standards for Residential Structures Which Involve the Subdivision of Land.
(a)
Single Family Detached Dwellings. Subject to the density and acreage limitations in the particular Residential Density District, as provided in Sec. 8-4.2, the following criteria shall apply where an applicant seeks subdivision approval to create lots for single family detached dwellings:
(2)
Lot Width.
(A)
Minimum average lot width shall be 60 feet;
(B)
No lot shall be less than 45 feet in width;
(C)
No more than 20% of the lots in the proposed subdivision shall be less than 60 feet in width;
(D)
No more than six lots less than 60 feet in width shall be located adjacent to one another;
(E)
The pole section of a flag lot shall not be less than 15 feet in width.
(4)
Setback. The minimum distances from property lines shall be as required by Sec. 8-4.3(b), except that the applicant may indicate varying front setbacks on the subdivision map so long as no front setback is less than 10 feet.
(5)
Subject to the density and acreage limitations in the particular Residential Density District, as provided in Sec. 8-4.2, where an applicant seeks approval of a horizontal property regime, all single family detached dwelling units shall be located in a manner as to conform to the requirements of this Article as if they were to occur on separate subdivided parcels or lots.
Requirements for parking, access, driveways, building height, utilities and other regulations not specified in this Section shall be the same as those required of all residential development as established in Sec. 8-4.5.
(b)
Single Family Attached Dwellings. Subject to the density and acreage limitations in the particular residential density district, as provided in Sec. 8-4.2, the following standards shall apply where an applicant seeks subdivision approval to create lots for single family attached dwellings:
(1)
Lot Area.
(A)
The minimum average lot area shall be 3,000 square feet;
(B)
No lot shall be less than 2,400 square feet;
(C)
No more than 40% of the lots in the proposed subdivision shall be less than 3,000 square feet;
(D)
There shall be a permanent open space in common ownership and readily accessible to each single family attached lot usable for recreation and community activities other than streets, driveways, and parking, equal to no less than 30% of the total area of all single family attached lots.
(3)
Lot Length. The average length of any lot shall not exceed four times its average width.
(4)
Setbacks.
(A)
Minimum front setbacks shall be the same as required by Sec. 8-4.3(b);
(B)
Minimum sideyard setback shall be the same as required by Sec. 8-4.3(b), except that the minimum setback from property lines between single family attached dwellings within the same subdivision shall be either less than six inches or greater than five feet;
(C)
Minimum rear setbacks shall be 15 feet unless a maintenance easement is required in which case minimum rear setbacks shall be 25 feet.
(5)
Maintenance Easements. Easements shall be provided for maintenance access to the rear or exposed sides of all single family attached lots which do not have exterior access. Side access easements shall be not less than five feet and rear access easements shall be not less than 10 feet.
(6)
Distance Between Buildings.
(A)
When the parallel walls of two or more single family attached units are not over one foot apart, they shall be considered as one building in determining the minimum distance between buildings;
(B)
The minimum distance between buildings shall be the same as required by Sec. 8-4.3(c), except that the minimum side to side distances between any portion of adjacent buildings must be five feet or greater if the side to side distance is more than one foot; and no more than six attached single family dwellings may be placed adjacent to one another where all dwellings are within 20 feet of one another;
(C)
Minimum distances between single family attached dwellings and single family detached or multiple family dwellings shall be as required by Sec. 8-4.3(c).
(7)
Subject to the density and acreage limitations in the particular residential density district, as provided in Sec. 8-4.2, where an applicant seeks approval of a horizontal property regime, all single family attached dwelling units shall be located in a manner as to conform to the requirements of this Section as if they were to occur on separate subdivision parcels or lots.
(8)
Construction Requirements. No lots for single family attached dwellings, as provided in this Section, shall be sold or leased until the dwelling units and other improvements to be erected on the lots, as indicated on construction plans or which were required as a condition of a zoning permit, have undergone at least 50% construction or completion and that the developer has deposited or provided the County of Kaua'i with a 100% Bond from the inception to the completion of the project.
(c)
Multiple Family Dwellings. Subject to the acreage limitations in the particular residential density district, as provided in Sec. 8-4.2, the following standards shall apply where an applicant seeks subdivision approval to create lots for multiple family dwellings:
(1)
Lot Area. The minimum lot area shall be 10,000 square feet.
(2)
Lot Width. The minimum lot width shall be 80 feet.
(3)
Lot Length. The average length of any lot shall not exceed three times its average width.
(4)
Setbacks. Minimum setbacks shall be as required by Sec. 8-4.3(b).
(5)
Distance Between Buildings. Minimum distance between buildings shall be as required by Sec. 8-4.3(c).
(6)
Maximum Lot Coverage. The amount of land coverage created, including buildings and pavement, shall not exceed 50% of the lot or parcel area. This requirement shall not apply to separate lots or parcels used in common for parking or other community uses.
(Ord. No. 935, November 14, 2012)
§ 8-4.5 Standards of Development Applicable to All Residential Development.
(a)
Access, Driveways and Off-Street Parking. The following standards of development shall apply to all residential development:
(1)
The width, surface, and improvements of common driveways serving more than four but less than 20 residential units (including dwelling units and additional rental units) shall be constructed pursuant to the requirements established by the Fire Code relating to Fire Department access roads.
(2)
For properties located within the Residential Zoning District that have vehicular access as of (date the ordinance is approved) that does not meet County standards for a public street, the Director may waive the requirements of KCC Section 8 4.5(a)(4), provided the vehicular access is constructed pursuant to the requirements established by the Fire Code relating to Fire Department access roads.
(3)
For multi-family projects consisting of 20 or more residential units (including dwelling units and additional rental units) that abut or are adjacent to an existing street or road that meets County standards, the Director may waive the requirements of KCC Section 8 4.5(a)(4), provided the vehicular access serves a parking lot and is constructed pursuant to the requirements established by the Fire Code relating to Fire Department access roads.
(4)
The right-of-way width, surface, and improvements of private streets shall be equivalent to County standards for public streets.
(5)
A minimum of two off-street parking spaces per dwelling unit shall be provided. When off-street parking spaces serving more than one dwelling unit are provided in a parking area, the spaces shall be paved. For Guest Houses, one off-street parking space per Guest House shall be provided in addition to the required off-street parking for the primary dwelling unit. For elderly housing projects, the minimum off-street parking spaces may be one per three dwelling units. For multiple family dwelling units used primarily by visitors, tourists and transient guests, a minimum off-street parking space ratio of one and one-half (1.5) spaces per dwelling unit may be permitted by the Planning Director.
(6)
No driveway shall be wider than 40% of the lot frontage on a public thoroughfare, except on the turn-around end of a cul-de-sac.
(7)
Driveway connections to public streets shall conform to standards of design and construction established by the Department of Public Works.
(8)
All parking areas serving more than two dwelling units shall be screened from public thoroughfares by a fence, wall or planting not less than four feet in height, provided that the screening height shall be lowered to the standard as required under the County Traffic Code or to the standards of the Department of Public Works, at street corners, driveway intersections, and other locations.
(9)
All paved parking areas shall be set back from public right-of-way lines a minimum of five feet.
(b)
Building Height.
(1)
No single family detached or single family attached dwelling, or accessory structure shall be more than two stories above and one story below from the finished grade at the main entry, over 20 feet measured from the finished grade at the main entry to the highest exterior wall plate line, and over 30 feet to the highest point of the roof measured at each point along the building from the finished grade at the main entry. The finished grade at the main entry shall not be elevated more than a maximum of four feet from the existing grade. (See Figure 1)
 Figure 1. |
For the purpose of determining the number of stories in a single family detached dwelling, a loft shall be considered a story, except when the dwelling is constructed in a flood plain area. In a flood plain area a loft shall not be deemed a story for the story limitation purpose of Subsection (b)(1). Lower minimums may be imposed as a condition to a zoning permit to recognize topographic, light and air, privacy or architectural conditions of adjacent development or uses. |
(2)
No multiple family buildings, hotel or motel, shall be more than 10 feet higher than any residential building located within 30 feet of the building, or shall not exceed four stories nor exceed 40 feet from finished grade at each point along the building to the highest wall plate line. Gables and roof height shall not exceed 1/2 the wall height or 15 feet, whichever is less. The limits contained in this Section shall not apply to spaces containing mechanical equipment, such as elevator machinery and air conditioning units, but the spaces shall not exceed 15 feet above the highest wall plate line.
(c)
Utilities and Services. The following standards of development shall apply to all residential development:
(1)
Waste collection areas shall be provided for single family detached dwelling and common waste collection areas shall be provided for single family attached and multiple family dwelling units, according to standards established by the County Engineer. All waste collection areas shall be screened by a fence, wall or hedge from public thoroughfares when serving over two dwelling units.
(2)
Where a Zoning Permit is issued providing for development at a density of 10 or more dwelling units per acre on a parcel, all electric distribution lines, telephone lines, gas distribution lines, cable television lines, and like facilities located within the parcel to be developed or leading into the parcel shall be installed underground unless the applicant demonstrates, and the Planning Commission determines on the basis of substantial evidence, that installation of any of the foregoing lines and facilities above ground will better protect scenic and environmental values.
The following types of lines and facilities may be exempted from the requirements of this Section:
(A)
Poles without overhead lines used exclusively for fire or police alarm boxes, lighting purposes or traffic control;
(B)
Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building;
(C)
Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes, and meter cabinets and concealed ducts, provided that the facilities shall be located and designed so as to harmonize with the area, and shall be appropriately screened and landscaped. In appropriate instances, all or part of the transformers and service terminals shall be flush with or below the surface of the ground at the point of installation.
(3)
All residential development accessible to a public sewer shall provide for adequate sanitary sewer facilities in accordance with standards established by the Department of Public Works and the State Department of Health. In developments not accessible to public sewers, a private sewage disposal system shall be provided that meets the requirements of the Department of Public Works and the requirements of Chapter 57 of the Public Health Regulations of the State Department of Health.
(4)
All residential development in districts permitting densities in excess of one dwelling unit per acre shall be served by a public water distribution system or a private system equivalent to public standards and specifications as established by the Department of Water.
(d)
Public Access. The Planning Commission may require the dedication of adequate public access ways not less than six 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; Ord. No. 1070, February 28, 2020; Ord. No. 1140, November 7, 2022)
§ 8-4.6 Application of Density and Development Standards.
(a)
Calculation of Permissible Densities. The area in connection with which the permissible number of dwelling units shall be calculated shall consist of all that land owned or controlled by the applicant designated in the permit application as part of the land development for which the permit is sought. A separate calculation shall be made for the lands in areas that are contained in different residential density districts where the application is made for more than two dwelling units and the land area designated in the permit application comes within more than one residential district. The number of permissible dwelling units shall include dwelling units previously authorized, or constructed, within the area so designated in the application.
(b)
Calculation of Lot or Parcel Area. For purposes of determining whether minimum parcel area requirements are satisfied, lots and parcels shall not include adjoining streets or commonly held or used areas, such as dedicated open space, parking lots, or like facilities.
(c)
Open Space. When a subdivision meeting the density and parcel area requirements of Sec. 8-4.4, results in the designation of areas within the subdivision for open space use, the areas shall be designated on the final subdivision map as permanent open space, and in that case, upon approval of the final subdivision map the areas shall automatically be transferred to Open District for zoning purposes.
(d)
Plot Plans Where Subdivision Approval Not Sought. Where a permit is sought for residential development containing fewer dwelling units than are permissible on the lot or parcel in the residential density district in which the lot or parcel is located, and no subdivision approval is sought, the applicant shall submit a plot plan which shall show that the future subdivision of the lot or parcel, or that the future location of other structures on the lot or parcel, can be done in a manner that will conform to the standards established in this Chapter. The plot plan shall be filed by the Planning Department in such a manner that it will be available in the future to the Department and to any subsequent purchaser from the applicant to determine the future permissible development on the lot or parcel.
The developer may deviate from the plot plan filed with the Planning Commission provided the deviation will be an improvement over the original plan submitted.
(e)
Parcels Containing Existing Development. No parcel shall be created subsequent to September 1, 1972 which is occupied by existing dwelling units unless the parcel created is large enough to meet the density and acreage requirements for the existing dwelling units in the density district in which it is located.
(f)
Fractional Units. When the density calculation results in a fractional unit of 65% or more of a unit, the allowable density may be established at the next higher number of units.
(Ord. No. 935, November 14, 2012)
§ 8-4.7 Permits Required.
No construction or other development for which standards are established in this Chapter shall be undertaken within any Residential District except in accordance with a valid Zoning Permit. The following Zoning Permits, in accordance with Sec. 8-3.1, shall be required for the following activities:
(a)
Class I Permit. A Class I Permit must be obtained for construction or development on an existing parcel where:
(1)
The parcel is not located in a Constraint District or a Special Treatment District, and is not large enough to qualify for more than one dwelling unit under the density permitted in the Residential District in which the parcel is located; and
(2)
The construction or development does not require a Use Permit or a Variance Permit.
(b)
Class II Permit. A Class II Permit must be obtained for construction or development on a parcel that is not located in a Constraint District or Special Treatment District, where the construction or development does not require a Use Permit or a Variance Permit and:
(1)
Consists of two to 10 dwelling units, provided that where the construction or development is to be carried out on a parcel large enough to qualify for 11 or more dwelling units, the Planning Director may require a Class III or Class IV Zoning Permit if he or she determines that additional construction or development on the parcel in excess of 10 dwelling units is probable in the near future; or
(2)
Consists of one dwelling unit on a parcel large enough to qualify for more than one dwelling unit.
(c)
Class III Permit. A Class III Permit must be obtained for construction or development that does not require a Variance Permit and:
(1)
Consists of 11 to 50 dwelling units; provided that where the construction or development is to be carried out on a parcel large enough to qualify for 51 or more dwelling units, the Planning Director may require a Class IV Zoning Permit if he or she determines that additional construction or development on the parcel in excess of 50 dwelling units is probable in the near future; or
(2)
Consists of construction or development for which a Class I or Class II Permit would otherwise be obtainable except that the parcel is located in a Constraint District or a Special Treatment District.
(d)
Class IV Permit. A Class IV Permit shall be obtained for construction or development consisting of 51 or more units or for which a Class I, II, or III Permit would otherwise be obtainable except that a Variance Permit is required.
(Ord. No. 935, November 14, 2012)
§ 8-4.8 Application to Residential Development in Other Districts.
All residential construction, development or use permitted by, or in accordance with, this Chapter in any other Use District shall be carried out in accordance with the standards established in this Article.
(Ord. No. 935, November 14, 2012)
§ 8-4.9 Development of Other Uses in a Residential District.
All permitted uses, all uses requiring a Use Permit, and all Uses allowed by variance other than residential shall conform to:
(a)
Development standards established for the district in which they are normally permitted, provided that:
(1)
The minimum distance from property lines shall be the same as that required for single family detached dwellings; and
(2)
The maximum building heights shall be the same as that required for single family detached dwellings; and
(3)
Developed campgrounds are prohibited in all Residential Zoning Districts; or
(b)
The requirements and conditions imposed by the Planning Commission in granting the Use Permit or Variance Permit.
(Ord. No. 935, November 14, 2012; Ord. No. 1105, December 2, 2021)