Kauai County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 5
Resort Districts RR
§ 8-5.1 Purpose.
(a)
To create and protect attractive areas in pleasing and harmonious surroundings to accommodate the needs and desires primarily of visitors, tourists and transient guests.
(b)
To control density and to assure that undue congestion of streets and facilities will not occur.
(c)
To control the organization and design of use and structures to assure that the development will not detract from the natural features and attributes of the surrounding area.
(d)
To insure that physical and visual public access to recreational, historic and scenic areas is maintained and improved.
(Ord. No. 935, November 14, 2012)
§ 8-5.2 Types of Resort Districts.
(b)
The number portion of each Resort Density District establishes the maximum number of dwelling units including hotel and motel rooms that may be permitted per acre of land in each district as calculated in accordance with Sec. 8-4.6, except that each hotel and motel room shall be considered as 1/2 of one dwelling unit in computing the allowable number of dwelling units.
(Ord. No. 935, November 14, 2012)
§ 8-5.3 Development Standards.
(b)
Hotels. Buildings containing hotel rooms shall be considered the same as multiple family dwellings subject to the same standards as provided in Secs. 8-4.3 through 8-4.6, inclusive, with the following exceptions:
(1)
There is no maximum distance requirement from buildings containing dwelling units to parking areas;
(2)
Only one parking space must be provided for each three hotel rooms;
(3)
The maximum allowable land coverage shall be 50%;
No hotel room in a structure containing more than three rooms shall be converted to a dwelling unit without first obtaining a Class IV Zoning Permit. |
(c)
Motels. Development standards for motels shall be the same as those for multiple family dwellings as provided in Secs. 8-4.3 through 8-4.6, inclusive, with the following exceptions:
(d)
Other Permitted Uses. Parking service, open space and other requirements applicable to each use other than dwelling units shall be the same as the regulations established in the district other than Resort where such uses are permitted and regulated.
(e)
Other Requirements. Other requirements for development standards in Resort Districts are as follows:
(1)
The Planning Director or the Planning Commission may revise the requirements if the plan review required for a zoning permit indicates that the specific nature of the overall development reasonably warrants the revisions.
(2)
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.
(3)
No single retail or wholesale establishment within a Resort District may occupy more than 75,000 gross square feet in floor area. The gross square feet in floor area of any retail or wholesale establishment within 800 feet of each other, regardless of whether they are attached or detached, shall be aggregated in cases where the stores:
(A)
Are engaged in the selling of similar or related goods, wares or merchandise and are operated under common management; or
(B)
Share check-out counters, storage areas, or warehouse facilities; or
(C)
Are owned, leased, possessed or otherwise controlled, in any manner, by the same individual(s) or business or non-business entity(ies); or
(D)
Otherwise operate as associated, integrated or cooperative business enterprises.
(Ord. No. 864, March 7, 2008; Ord. No. 935, November 14, 2012)
§ 8-5.4 Permits Required.
(a)
No construction or other development for which standards are established in this Chapter shall be undertaken within any Resort District except in accordance with a valid zoning permit. The following Zoning Permits, in accordance with Article 19, shall be required for the following activities:
(1)
Class I Permit. A Class I Permit must be obtained for construction or development on a parcel where:
(A)
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 Resort District in which the parcel is located; and
(B)
The construction or development does not require a Use Permit or a Variance Permit.
(2)
Class II Permit. A Class II Permit must be obtained for construction or development on a parcel where:
(A)
The parcel is not located in a Constraint District or a Special Treatment District, and is large enough to qualify for two to 10 dwelling units under the density permitted in the Resort District in which the parcel is located; and
(B)
The construction or development does not require a Use Permit or a Variance Permit.
(3)
Class III Permit. A Class III Permit must be obtained for construction or development on a parcel for which a Variance Permit is not required, where:
(A)
The parcel is large enough to qualify for 11 to 25 dwelling units under the density permitted in the Resort District in which the parcel is located, whether or not the parcel is located in a Constraint District or Special Treatment District; or
(B)
The construction or development consists of one single family detached dwelling in which case a Class II Permit may be obtained unless the parcel is located in a Constraint District or a Special Treatment District; or
(C)
The construction or development is such that 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.
(4)
Class IV Permit. A Class IV Permit must be obtained for construction or development on a parcel that is:
(A)
Large enough to qualify for more than 25 dwelling units whether or not the parcel is located in a Constraint District or Special Treatment District, and whether or not a Use Permit or Variance Permit is required; or
(B)
For which a Class I, II, or III Permit would otherwise be obtainable except that a Variance Permit is required.
(Ord. No. 864, March 7, 2008; Ord. No. 935, November 14, 2012)
§ 8-5.5 Application to Resort Development in Other Districts.
All resort 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 Section.
(Ord. No. 935, November 14, 2012)