The districts of Wailuku, Makawao, Lahaina, Hana, Lāna‘i, and Molokai shall mean the Wailuku district, Makawao district, Lahaina district, Hana district, Lāna‘i district, and Molokai district as described in section 4-1, Hawai&#699 Revised Statutes.

(Ord. No. 3661, § 2, 2009)

The ordinance codified in this title shall be known as the "Interim Zoning Ordinance" for the various districts of Maui as defined in this chapter for the purpose of providing interim regulations pending the formal adoption of a comprehensive zoning ordinance and map which are deemed as necessary in order:

1.

To encourage the most appropriate use of land;

2.

To conserve and stabilize the value of property;

3.

To prevent certain uses that will be detrimental to existing uses; and

4.

To promote the health, safety, and general welfare of the respective districts.

(Ord. No. 3661, § 2, 2009)

No land or building shall be used and no building shall be erected or structurally altered or maintained within the districts of Wailuku, Makawao, Lahaina, Hana, Lāna‘i, and Molokai except for one or more of the following uses, subject to the referenced development standards:

1.

One single-family dwelling per 6,000 square feet of land:

There may be the usual necessary accessory buildings and accessory dwellings, as defined in section 19.04.040 of this title, in connection with any such dwelling.

2.

Duplex dwellings:

3.

Hospitals and/or sanitariums, and/or convalescent homes, day care facilities, museums, churches, libraries, kindergartens, elementary schools, intermediate schools, high schools, universities, publicly owned buildings, public utility uses, and tower structures in support of a utility:

4.

The construction of new, or the expansion of existing parks, playgrounds, community centers, or public/quasi-public facilities, owned or operated by private or governmental agencies, and tower structures in support of a utility; provided that the utility services the new or expanded park, playground, community center or public/quasi-public facility:

5.

Agricultural uses:

For purposes of this section, special use permits shall be processed pursuant to chapter 19.510 of this title, and assessed a permit fee as established in the annual budget of the County.

6.

Bed and breakfast homes subject to chapter 19.64 of this title.

7.

Short-term rental homes, subject to the provisions of chapter 19.65 of this title.

(Ord. No. 4936, § 3, 2018; Ord. No. 3941, § 2, 2012; Ord. No. 3661, § 2, 2009)

A.

In any particular case where strict compliance with the provisions of this article would cause practical difficulty or unnecessary hardship, the owner or lessee (holding under recorded lease the unexpired term of which is more than five years from the date of filing the owner or lessee's application) of the property affected, may file a written application with the board of variances and appeals for a variance from the restrictions imposed setting forth therein the description of the property, the regulations affecting it, and the conditions justifying such a variance. Each application shall be accompanied by a fee in the amount set forth in the annual budget to cover the cost of public hearing including the cost of publication. Published notice and public hearing shall be in conformity with the practice of the board of variances and appeals. "Published notice", wherever used, means notice by publication in a newspaper of general circulation in the County for two publications, the first of such publication to be at least fifteen days prior to the date of the hearing so noticed.

B.

Upon finding by the board of variances and appeals at the completion of the hearing that the application presents a situation wherein strict enforcement of any provision of this article would involve practical difficulty or unnecessary hardship, and further, that desirable relief may be granted without being detrimental to the public interest, convenience, and welfare, a variance permit may be issued to such applicant on such terms and conditions and for such period of time as the facts may warrant.

C.

Where the relief is for a variance for the change of one nonconforming use to a different nonconforming use where the structure and/or lot area are not structurally altered or enlarged, the provisions of this section as to notice and hearing may be waived at the discretion of the board of variances and appeals.

D.

Any action of the board, whether granting or denying the relief applied for, shall be referred to the council for its approval. The council may override any action of the board and either grant or deny relief, as the case may be, by an affirmative vote of at least five of its members.

(Ord. No. 3661, § 2, 2009)

The planning director may adopt rules to clarify and implement this chapter.

(Ord. No. 3661, § 2, 2009)