Bill 24 (2010), Proposed CD1 Breakdown of All Changes
LUO SECTION
AMENDMENT
JUSTIFICATION
Section 21-2.20(k),
“Administrative
Procedures”
1) Except as otherwise provided herein, the director may
administratively authorize minor alterations, additions, or
modifications to any approved permit required by this
chapter, provided the minor modification request is
reasonable, and consistent with the intent of the
respective permit; does not significantly increase the
intensity or scope of the use; and does not create
adverse land use impacts upon the surrounding
neighborhood.
2) Subdivision (1) shall not apply to:
a. Zone changes’ and
b. The following council approvals, except to the
extent that minor modifications are permitted by
the express language of the council’s approving
resolution:
i. Plan Review Use approvals; and
Approvals of conceptual plans for
Planned Development-Resort and
Planned Development-Commercial
projects in the Waikiki Special District
pursuant to Section 21-9.80-4(d).
Major alterations, additions, or modifications, and other
alterations, additions, or modifications excepted by
subdivision (2), shall be processed under the provisions for
the applicable permit or approval
Subject to subsections (b) and (c), the director may, in
accordance with HRS Chapter 91, adopt rules having the
force and effect of law which provide that if the director fails
to act on applications for (i) a minor permit, (ii) a major permit
requiring only the director’s approval, or (iii) those
portions of a one-stop permit application package (OSP)
which require only the director’s approval, within the time
periods specified in Sections 21-2.40-1(c), 21-2.40-2(c)(6)
and -(d), and 21-2.50(d), respectively, the applicable permit
requiring only the director’s approval shall be deemed
approved to the extent that the proposal complies with all
applicable laws, regulations, and rules, subject to the
following conditions:
CM Anderson’s proposed changes
1. The use and/or development authorized by the permit
shall be in general conformance with the project, as
(1) Development will follow the plans which were submitted to the
DPP; and, major or minor modifications to the approved plans
Section 21-2.60(a),
“Rules Governing
Director’s Failure to
Act Within Specified
Time Period”
Pursuant to LUO Section 21-60(a), certain actions relating to LUO
permits are deemed approved if not acted on within a specified
time. Currently, this automatic approval occurs without conditions;
leaving the City with no clear authority to modify or enforce the
permit approval. This amendment provides standard conditions for
those circumstances where there is an automatic approval of an
LUO permit. These standard conditions, which have been reviewed
at the request of the DPP and approved by the Department of the
Corporation Counsel, are currently applied to virtually every LUO
permit granted by the Director of DPP; so, it follows that they
should similarly apply to those permits automatically
approved pursuant to this section. The standard conditions are
summarized as follows:
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
Inserts New Bill
Section 4 – Section
21-2.70
shown on plans and/or drawings on file with the
Department of Planning and Permitting, which shall be
deemed the approved plans for the project. Any
modification to the project and/or plans shall be subject to
the prior review of and approval by the Director of
Planning and Permitting. Major modifications shall
require a new permit; and
2. Approval of the permit does not constitute compliance
with any other Land Use Ordinance or other
governmental requirements, including, but not
necessarily limited to, building permit approval, which are
subject to separate review and approval. The applicant
shall be responsible for insuring that the plans for the
project deemed approved under the permit comply with
all applicable Land Use Ordinance and other
governmental provisions and requirements; and
3. The director may impose additional conditions, modify
existing conditions, and/or delete conditions deemed
satisfied, upon a finding that circumstances related to the
approved project have significantly changed so as to
warrant a modification to the conditions of the approval;
and
4. In the event of the noncompliance with any of the
conditions of approval, the director may terminate any
uses and/or development authorized by the permit, or
halt their operation until all conditions are met, or declare
the permit null and void, or seek civil enforcement.
“(b) Special Districts, Other Amendments to the Land Use
Ordinance, and Zone Changes. When the application or
proposal is for (i) the establishment of or amendment to a
special district, [or] (ii) other amendment to the land use
ordinance, or (iii) a zone change[:] (in this subsection
collectively referred to as “zoning ordinance proposals”):
1) (A) Other than council-initiated. The planning
commission shall hold a public hearing within 45
days of receipt of the director’s report and
proposed ordinance. Within 30 days of the close
of the public hearing, the planning commission
shall transmit through the mayor to the council
the director’s report and proposed ordinance with
its recommendations. The mayor shall transmit
the director’s report, proposed ordinance, and
shall be subject to separate approval, pursuant to established
procedures.
(2) The applicant is still required to meet other governmental and
developmental requirements, i.e., an automatic approval of the
LUO permit does not supersede other regulatory requirements.
(3) If circumstances surrounding the project significantly change,
the Director of DPP can impose modifications to the permit.
(4) If the applicant does not comply with these standard conditions
of approval, then the Director of DPP may institute enforcement
action, revoke the permit, or stop operations until all conditions
are met, as may be appropriate.
Inserts a new Bill Sec. 4 that makes clarifying amendments to LUO
Sec. 21-2.70, including (I) providing that a proposed ordinance
prepared by the DPP as an alternative to a council-initiated zoning
ordinance proposal shall be deemed initiated by the DPP, (2)
specifying when a council-initiated zoning ordinance proposal is
deemed denied by failure to take final action, and (3) making clear
that the section applies to LUO amendment proposals other than
special district amendments.
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
planning commission recommendations to the
council within 30 days of receipt of the same
from the planning commission.
(B) Council-initiated. Planning commission
processing and mayoral transmission of zoning
ordinance proposals initiated by the council
pursuant to Revised Charter Section 6-1513 and
Chapter 2, Article 24, including revisions or
amendments to this chapter or ordinances
designating and redesignating land to one or
more zoning districts specified in this chapter,
shall be governed by Chapter 2, Article 24.
(C) A proposed ordinance prepared by the
director as an alternative to a council-initiated
zoning ordinance proposal shall be deemed to be
initiated by the director and shall be processed in
accordance with paragraph (A) above.
2) Any person may bring a civil action to enforce
any time limit established by subsection (1). The
failure to meet any time limit established by
subsection (I) shall not render the affected
proposal null and void, and the council may act
on the proposed ordinance after receipt thereof.
3) (A) The council shall hold a public hearing and
may act by approving the ordinance as submitted
or with modifications, or by denying it. [If]
(B) For zoning ordinance proposals other than
council-initiated proposals, if the council does not
take final action within 90 days after receipt of the
proposed ordinance from the planning commission, it
shall be deemed denied[, provided that this time limit
shall not apply to zoning ordinance proposals
initiated by the council pursuant to Revised Charter
Section 6-1513 and Chapter 2, Article 24]. The
applicant may request, and the council may approve,
an extension of time if the request is made in writing
and approved prior to the requested effective date of
the extension.
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
(C) For zoning ordinance proposals initiated by the
council pursuant to Revised Charter Section 6-1513
and Chapter 2, Article 24, if the council does not take
final action prior to the automatic filing of the bill for
the proposal pursuant to Section 1-2.4, the proposal
shall be deemed denied: provided however, that the
council may extend the time for consideration of the
proposal one time only by introduction of a new bill
for the proposal prior to the automatic filing of the
original bill. The new bill shall be identical to the thencurrent form of the original bill. If the council does not
take final action prior to the automatic filing of the
new bill, the proposal shall be deemed denied. If
more than one new bill is introduced prior to the
automatic filing of the original bill, the proposal shall
be deemed denied if the council does not take final
action prior to the automatic filing of the first new bill.”
Section 21-2.90-1(a),
“Application
Requirements”
A developer, owner or lessee [(holding a lease for the
property, the unexpired term of which is more than five years
from the date of filing of the application)] may file an
application for a conditional use permit with the director,
provided that the conditional use sought is permitted in the
particular district,
21-2.100(b)(2),
“Existing
Uses”
Existing uses and structures shall meet the applicable zoning
requirements at the time the uses and structures were
approved. They need not meet the current underlying district
regulations, nor the minimum development standards of this
chapter; however, existing uses that involve dwelling units,
other than those associated with a plantation community
subdivision, must conform to the requirements relating to
minimum land area and maximum number of units specified
in Section 21-8.50-2 for cluster housing, in Section 21-3.60-2
for country clusters, and in Section 21-3.50-2 for agricultural
clusters, whichever is applicable, For purposes of this
subsection, a plantation community subdivision may include
The five-year minimum term was intended to ensure that an
application for a Conditional Use Permits (CUP) was approved by
the landowner and represented serious, long-term plans. This
practice has become unnecessary because landowners often cosign applications, and many applicants will not or cannot feasibly
commit to a lease until they are guaranteed the entitlement
associated with the permit request. Furthermore, the DPP does not
currently turn away applicants if they do not have adequate lease
terms at the time of application. Rather, the applicant is required to
provide a copy of an executed minimum 5-year lease as a condition
of permit approval. Therefore, the existing provision (i.e., 5-year
lease requirement) is neither practical nor necessary.
Revises paragraph (2) under the LUO provisions for Existing Use
(EU) permits to implement a State mandate imposed by HRS
Section 46.4, which is intended to preserve established plantation
communities (e.g., Poamoho, Kunia Camp). Currently, the only
recourse to implement the mandate is the granting of a zoning
variance. An EU permit is a more appropriate means of achieving
consistency, because these situations involve existing housing
similar to a nonconforming Agricultural Cluster project, which is
eligible for an EU permit, provided the number of dwellings
complies with current LUO standards. The proposed revisions will
provide an exemption only to the numerical dwelling unit standard
for eligible plantation community subdivisions in order to achieve
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
Section 21-2-1401(c)(2), “Zoning
Adjustments-Specific
Circumstances-Flag Lots”
Table 21-3, “Master
Use”
housing, and community and/or agricultural support buildings,
as provided under HRS Section 205-4.5(a) (12).
No more than 3 flag stems or access drives are located
adjacent to one another, the access drive(s) do not serve
more than 5 dwelling units, and the combined access drive
pavement width does not exceed 32 feet; and
consistency with State law.
Biofuel processing facilities added as a CUP (Major) in P-2,
AG-1, and AG-2 Districts, and as a CUP (Minor) in 1-2 and 13 Districts
Revises the LUO Master Use Table by adding “biofuel processing
facilities” as a conditional use. This revision achieves consistency
with recent State law [HRS Section 205-4.5(a) (i5)] establishing
biofuel processing facilities as a permitted use in State Land Use
Agricultural Districts. The proposed LUO revisions will treat these
types of facilities under the same established procedures and
requirements as those applied to “waste disposal and processing”
uses, which are similar in nature, except that biofuel processing
facilities will now be allowed in the AG-1 District to achieve
consistency with State law. (See corresponding revisions to LUO
Articles 5 and 10.)
Adds “major repair establishments” as a permitted use in the I-1
Limited Industrial District, subject to use requirements enumerated
in LUO Article 5. Major repair establishments commonly include
auto body and certain other types of automobile repair shops
providing customer service to the general public. Currently, these
establishments are limited to the 1-2 Intensive Industrial and 1-3
Waterfront Industrial Districts. This used to be acceptable, since the
1-2 Districts were relatively widely distributed throughout the island.
(For practical purposes, the 1-3 District contains only those uses
associated with harbor operations, rather than customer uses for
the general public.) However, the distribution of 1-2 Districts is
becoming more selective over time (due to zone changes, etc.), for
appropriate reasons; and, the establishment of I-1 Districts
becoming more common, e.g., Kunia, Pearl City. The potential land
use impacts associated with these types of uses are similar to
those of general manufacturing, processing and packaging
establishments, which are already permitted in the I-1 District,
subject to appropriate use requirements enumerated in LUO Article
5. Therefore, it is appropriate to also allow major repair
establishments in the I-1 District, subject to the same use
requirements. (See corresponding revisions to LUO Article 5.)
Increases the minimum lot size for country cluster projects,
consistent with concurrent proposals to eliminate the site
Table 21-3, “Master
Use”
“Repair establishments, major” added as a “Permitted Use
subject to standards in Article 5” in the I-1 District
Section 21-3.60-2(a),
“Country Clusters—
The minimum land area required for a country cluster shall be
[three] nine contiguous acres.
Amends paragraph (2) for the flag lot zoning adjustment to clarify
that the reference to flag stem (driveway) width is for the paved
surface of the access drive.
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
Site Standards”
Section 21-4.30(d),
“Yards and Street
Setbacks”
Section 214.11 0(b)(1 )(A),
“Nonconformities—
Nonconforming
Structures”
Section 2 1-4.1
10(c)(3)
and (4),
“Nonconformities—
Nonconforming Uses”
Parking and loading shall not be allowed in any required
yard, except parking and loading in front and side yards in
agricultural, country and residential districts; and as provided
under Section 21-6.70, which allows parking spaces to
overlap required front and side yards by three feet if
wheel stops are installed, and Section 21-6.130(f) which
allows loading if replacement open space is provided.
Notwithstanding the foregoing provision, a nonconforming
structure devoted to a conforming use which contains
multifamily dwelling units owned by owners under the
authority of HRS Chapter 514A, 514B or 421H, or units
owned by a “cooperative housing corporation” as defined in
HRS Section 4211-1, whether or not the structure is located
in a special district, and which is destroyed by accidental
means, including destruction by fire, hurricane, other
calamity, or act of God, may be restored to its former
condition, provided that such restoration is permitted by the
building code and flood hazard regulations and is started
within two years
(3) Work may be done on any structure devoted in whole or
in part to any nonconforming use, provided that work on the
nonconforming use portion shall be limited to ordinary
repairs. For purposes of this subsection, ordinary repairs
shall only be construed to include the following:
(A) The repair or replacement of existing walls,
floors, roofs, fixtures, wiring or plumbing; or
(B) May include work required to comply with city,
state or federal mandates such as, but not limited
to, the Americans with Disabilities Act (ADA) or
the National Environmental Protection Act
(NEPA); or
(C) May include interior and exterior alterations,
provided that there is no physical expansion of
the nonconforming use or intensification of the
development plan option. (See corresponding amendments to LUO
Section 21-8.30.) The existing minimum land area requirement is
based on a country cluster involving three or more dwellings, since
two dwellings are currently allowed “by right” on country lots with a
lot area of at least two acres. There is a concurrent proposal to
allow up to eight dwellings on a country zoning lot of at least eight
acres, so the minimum land area requirement for a country cluster
needs to be increased to nine acres for nine dwellings
Allows loading spaces to be located in front and side yards in
agricultural, country, and residential districts to be consistent with
LUO Section 21-6.130(f).
Adds condominium property regimes approved under the authority
of HRS Chapter 514B to the existing provision in order to be
consistent with current HRS references. HRS Chapter 514B
superseded HRS Chapter 514A on July 1, 2006.
Clarifies in paragraph (3) that “ordinary repairs” include repairs to
and replacement of floors, in addition to roofs, fixtures, wiring, and
plumbing. Also, “ordinary repairs” may include necessary upgrades
required under city and state, as well as federal mandates.
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Article 5, “Specific
Use Development
Standards”
use, Further, ordinary repairs shall not exceed 10
percent of the current replacement cost of the
structure within a 12-month period, and the floor
area of the structure, as it existed on October 22,
1986, or on the date of any subsequent
amendment to this chapter pursuant to which a
lawful use became nonconforming, shall not be
increased.
(4) Any nonconforming use may be changed to another
nonconforming use of the same nature and general impact,
or to a more restricted use, provided that [the];
(A) The change [to a more restricted] in use may be
made only if [the relation of the use to the
surrounding property is such that] any adverse
effects on neighboring occupants and
[neighboring] properties will not be greater than if
the original nonconforming use continued; and
(B) The director may impose conditions on the
change in nonconforming use necessary or
appropriate to minimize impact and/or prevent
greater adverse effects related to a
proposed change in use.
Other than as provided as “ordinary repairs” under
subdivision (3), improvements intended to
accommodate a change in nonconforming use or
tenant shall not be permitted.
Sec. 21-5._____ Biofuel processing facilities.
No biofuel processing facility shall be located within 1,500
feet of any zoning lot in a country, residential, apartment,
apartment mixed use or resort district. When it can be
determined that potential impacts will be adequately
mitigated due to prevailing winds, terrain, technology or
similar considerations, this distance may be reduced,
provided that at no time shall the distance be less than 500
feet.
Sec. 21-5.___ Repair establishments, major.
In the I-1 zoning district, the following standards shall
apply:
(A) No major repair establishment shall be located
within 100 feet of any zoning lot in a residential,
apartment, or apartment mixed use district,
(B) If a major repair establishment is within 300 feet
of any zoning lot in a residential, apartment, or
Paragraph (4) explicitly provides the Director with the authority to
impose, in writing, certain “elements of a use” (e.g., hours of
operation, off-street parking or loading requirements, size and/or
frequency of customer or client visits, etc.) that may be necessary
and appropriate to minimize impact and/or prevent adverse effects
before allowing a change in nonconforming use. Essentially, this
revision underlines the Director’s existing authority to determine
when a proposed change in nonconforming use is allowable by
explicitly providing the Director with the authority to review a
specific proposal and impose conditions that may be appropriate to
insure compatibility with surrounding permitted uses. This has been
longstanding practice; however, explicit authority in the provision
will help avoid confusion and/or future challenge.
Establishes a new section in LUO Article 5 (to be numbered by the
revisor of ordinances) to specify the minimum use requirements for
“biofuel processing facilities.” (See corresponding amendments to
LUO Table 21-3 and Article 10.) The proposed requirements are
the same as existing provisions for other potentially noxious
conditional uses (e.g., waste disposal and processing facilities;
salvage, scrap and junk storage and processing).
Establishes a new section in LUO Article 5 (to be numbered by the
revisor of ordinances) to specify the minimum use requirements for
“major repair establishments” located in the I-1 Limited Industrial
District. (See corresponding amendments to LUO Table 21-3.) The
proposed requirements are the same as existing provisions for
general manufacturing, processing and packaging establishments
located in the I-1 Limited Industrial District, and should be similarly
adequate to insure compatibility with other permitted uses and
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
Section 21-5.350,
“Home
Occupations”
apartment mixed use district, there shall be no
major repair work performed or external activities
of any kind conducted between the hours of
10p.m. and 7a.m.
Sec. 21-5.350 Home occupations.
Home occupations as an accessory use to dwelling units
are permitted under the following restrictions and standards:
(a) Home occupations shall be incidental and subordinate to
the principal use of the site as a residence and shall not
change the character [and] or the external appearance of
either the dwelling or the surrounding neighborhood.
(b) Only household members shall be employed under the
home occupation. Notwithstanding the foregoing, when
the home occupation is home-based child care, one
caregiver, not a member of the household, may be
employed as a substitute for the principal caregiver if an
emergency renders the principal caregiver unavailable,
provided that in no event shall such substitute
employment exceed five days per calendar month. As
used in this subsection, “emergency” includes but is not
limited to illness of the principal caregiver or an
immediate relative of the principal caregiver.
(c) There shall be no exterior sign that shows the building is
used for anything but residential use. There shall be no
exterior displays or advertisements.
(d) There shall be no outdoor storage of materials or
supplies.
(e) [Indoor] No more than 250 square feet of floor area or 20
percent of the total floor area of the dwelling, whichever
is less, shall be used for the home occupation, including
storage areas; and, the storage of materials and supplies
shall be fully enclosed and shall not exceed 250 cubic
feet or 20 percent of the total floor area, whichever is
less.
structures, therein.
Includes various amendments to home occupation standards to
clarify and standardize enforcement of the ordinance based on
current practice. Paragraph (a) explicitly states that the home
occupation cannot impact the appearance or character of the
surrounding neighborhood, not just the appearance of the dwelling
in which the occupation takes place. This reflects current
interpretation and the intent of the law, and is appropriate to the
regulation of home occupations.
Paragraph (e) establishes easily identifiable thresholds to
determine the incidental nature of the home occupation.
Specifically, it gives a maximum square-footage (250 square feet)
or percentage (20 percent) of a house that can be dedicated to the
home occupation. Also, it specifies that materials used for the
occupation must be completely enclosed. This is consistent with the
requirement that the occupation may not change the external
appearance of the dwelling or neighborhood. This measure
eliminates ambiguity and enables the threshold between an
accessory and principle use to be more accurately and consistently
determined. Also specifies that this includes any storage areas.
(f) Articles sold on the premises shall be limited to those
produced by the home occupation and to instructional
materials pertinent to the home occupation.
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
(g) Home occupations which depend on client visits,
including group instruction, shall provide one off-street
parking space per five clients on the premises at [one]
any given time. This shall be in addition to, and shall not
obstruct the parking required for the dwelling use.
Residents of multifamily buildings may fulfill the
requirement by the use of guest parking with the approval
of the building owner (management) or condominium
association.
(h) The following activities are not permitted as home
occupations:
a. Automobile repair and painting. However, any
repair and painting of vehicles owned by
household members shall be permitted, provided
that the number of vehicles repaired or painted
shall not exceed five per year per dwelling unit. A
household member providing any legal document
showing ownership of an affected vehicle shall
be deemed to satisfy this requirement.
b. Contractor’s storage yards.
c. Care, treatment or boarding of animals in
exchange for money, goods or services. The
occasional boarding and the occasional
grooming of animals not exceeding five animals
per day shall be permitted as home occupations.
d. Those on-premises activities and uses, which are
only permitted in the industrial districts.
e. Use of dwellings or lots as a headquarters for the
assembly of employees for instructions or other
purposes, or to be dispatched for work to other
locations.
f. Sale of guns and ammunition.
g. Mail and package handling and delivery
businesses.
Section 21-5.380,
“Joint
Development”
(i) There shall be no parking on the street of commercial
vehicles associated with the home occupation, other than
the occasional, infrequent, and momentary parking of a
vehicle for pick-ups and/or deliveries as a service to the
home occupation
Sec. 21 -5.380 Joint developments of two or more
adjacent [zoning] subdivision lots.
(a) Whenever two or more [zoning] subdivision lots are
Paragraph (g) specifies that the parking provided for clients must
be accommodated on the site and may not block or obstruct the
parking required for the dwelling. This is consistent with current
practice.
Home occupations involving mail and package handling and
delivery become problematic for neighborhoods because of the
traffic, movement, and noise generated by the use. This use
corresponds closely with “centralized mail and package handling”
uses, which are also permitted uses in the IMX-1 Industrialcommercial Mixed Use District. Therefore, it can currently be
allowed as a home occupation. However, the use inherently
generates potential impacts that are not appropriate in residential
neighborhoods, and so should be explicitly prohibited as a home
occupation.
The proposed limitation placed on street parking for commercial
vehicles follows from the requirement that a home occupation may
not change the external appearance of the surrounding
neighborhood, consistent with subsection (a) of this section.
Amends the title of the section and subsection (a) to be consistent
LUO Article 10, wherein “joint development” is defined as “the
development of two or more adjacent subdivision lots under a
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
developed in accordance with the provisions of this section,
they shall be considered and treated as one zoning lot,
Section 21-5.450(a),
“Meeting Facilities”
In the AG-2, country, residential, apartment and apartment
mixed use districts, the following standards shall apply:
(1) Accessory eating and drinking establishments shall not be
permitted, except in the apartment mixed use district,
(2) The director may require that certain structures be soundproofed and may establish hours of operation for
amplification equipment.
(3) [The minimum lot size shall be 20,000 square feet.
(4) The minimum street frontage shall be 75 feet.
(5)] All meeting facilities shall be located with access to a
street or right-of-way of minimum access width and sufficient
street frontage as determined by the appropriate agencies
Section 21-5.700,
“Wind Machines”
(b)(9)The system shall be restricted to a rated capacity of no
more than [one-kilowatt] 15 kilowatts.
(d) In the business zoning districts, wind machines shall have
a rated capacity of no more than [10] 15 kilowatts.
single or unified project concept.” [Emphasis added.] The joint
development of two or more subdivision lots with the same zoning
creates a single zoning lot for LUO
purposes.
Deletes the minimum lot size and street frontage requirements for
meeting facilities in AG-2, country, residential, apartment, and AMX
districts. These specific use requirements may actually make the
City vulnerable to legal challenge under federal law. The Religious
Land Use and Institutionalized Persons Act (RLUIPA), Chapter
21C, United States Code, mandates that no government shall
impose or implement a land use regulation in a manner that
imposes a substantial burden on religious exercise. In view of this
federal mandate, it may be difficult for the City to defend itself
against complaints that the minimum lot size and street frontage
standards are substantial burdens to the exercise of certain
religious institutions, most notably those of a relatively small size.
That is, if a small church, for example, can otherwise demonstrate
that it can operate on a site without adverse effect on a lot with an
area of less than 20,000 square feet and/or with less than 75 feet of
street frontage then it would likely prevail in federal court by
challenging the current LUO minimum requirements. The existing
minimum lot size and street frontage standards are not based on
any established direct nexus, where studies have found a
correlation between the inherent nature of meeting facility uses,
regardless of size, and any particular adverse effects. Rather, these
standards were merely established as a specified parameter for
further consideration through the CUP process. Meeting facility
uses, in these zoning districts, already require the approval of a
CUP; and, this land use permit already provides the process by
which individual meeting facility proposals can be adequately
reviewed for site suitability. As part of the CUP process, lot size and
street frontage are and will continue to be reviewed for each
individual proposal to determine whether the specific meeting
facility will be a suitable use on the site where it is proposed.
Therefore, as prescriptive parameters for further consideration the
existing standards are fundamentally unnecessary; and, in view of
RLUIPA, inappropriate.
Updates the maximum power rating for wind machines to reflect
modern technology. According to the American Wind Energy
Association (AWEA), a wind turbine for a home should be rated in
the range of 5 to 15 kilowatts to make a significant contribution to
the home’s energy usage. Most manufacturers do not make wind
machines with only a one-kilowatt power rating anymore.
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
Table 21-6.1, “Offstreet Parking
Requirements”
Recreation facilities, outdoor and indoor, involving swimming
pools and Requirements” sports played on courts -- 1 per 200
square feet of seating area, plus 3 per court, e.g.,
racquetball, tennis or similar court, and 12 per outdoor play
field
Updates the LUO to reflect current practice for parking calculations
for recreation facilities. Specifically, this reflects that parking is
calculated based on seating area plus the field or court
requirement. Parking calculations based on the square-footage of
the entire facility would overestimate the use of the site. This
amendment reflects current interpretation and practice.
Auditoriums, funeral homes/mortuaries, meeting facilities,
gymnasiums, sports arenas, and theaters -- 1 per 75 square
feet of assembly area or 1 per 5 fixed seats, whichever is
greater
Clarifies that, for the purposes of calculating off-street parking
requirements, gymnasiums should be similarly treated like sports
arenas, rather than more the generic “recreation facilities.” This
amendment reflects current interpretation and practice.
Day-care facilities -- 1 [for each 10 care recipients of design
capacity] per 350 square feet of classroom area, meeting
area, and/or gathering space, plus 1 per 400 square feet of
office floor space
Updates parking calculations for day-care facilities to be consistent
with the new building code methodology, i.e., based on floor area
rather than design capacity. This is also a more straightforward
method for checking off-street parking requirements during plan
review processes.
Schools: elementary and intermediate -- 1 [for each 20
students of design capacity] per 400 square feet of classroom
area, plus 1 per 400 square feet of office floor space
Section 21-7.20,
“Definitions and
General
Sign Standards”
Schools: high, language, vocational, business, technical, and
trade; business colleges--1 [for each 10 students of design
capacity] per 200 square feet of high school, language
school, business school, or business college classroom area;
1 per 500 square feet of vocational, technical, or trade school
classroom area; [,] plus 1 per 400 square feet of office floor
space
“Flashing sign” means a sign designed to attract attention by
the inclusion of a flashing, changing, revolving or flickering
light source or a change of light intensity; and, also includes
any sign involving electronically generated or controlled
images, such as an electronic programmable message sign,
digital sign, or plasma or LED sign, or video or holographic
display.”
Updates parking calculations for schools to be consistent with the
new building code methodology, i.e., based on floor area rather
than design capacity. This is also a more straightforward method
for checking off-street parking requirements during plan review
processes.
Updates parking calculations for schools to be consistent with the
new building code methodology, i.e., based on floor area rather
than design capacity. This is also a more straightforward method
for checking off street parking requirements during plan review
processes.
Updates the definition for “flashing signs” to include electronic
programmable message signs, and signs involving electronic
and/or digital forms of illumination. Flashing signs are already
appropriately prohibited pursuant to LUO Section 21-7.30(e). The
DPP by longstanding administrative interpretation prohibits these
kinds of signs as “flashing signs,” due to their inherent impacts,
e.g., contributes to sign clutter, heightened light intensity, and
distraction to vehicular traffic. The amendment explicitly establishes
this current interpretation and practice within the text of the exiting
regulatory prohibition.
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
Section 21-8.30,
“Housing--Site
development plan”
“Projecting signs” means [identification] signs with the face(s)
generally perpendicular to, and which are affixed or attached
to, and supported solely by, an exterior building wall and
which extend beyond the building wall more than 15 inches
but not greater than five feet.
Standard: Not to exceed six feet in height above the
roof level of a one-story building or four feet in height
above the roof level of the second story of a building
over one story in height.”
Clarifies the difference in classification between a “wall sign” and
“projecting sign” by explicitly stating that the sign face of a
projecting sign is oriented perpendicular to a building wall, whereas
the face of a wall sign is essentially parallel to a building wall. Also,
modifies the definition to allow projecting signs to be used as
general business signs, rather than being limited to mere
identification (i.e., name and/or address, only) purposes.
“Wall signs” means signs with a face generally parallel with,
and affixed to an exterior wall of any building.
Standard: Not to project more than 15 inches from
the building wall, not to extend above the exterior
wall of the building and not to exceed a height of 20
feet or the third floor level of buildings over two
stories in height, whichever is the higher height; or,
the roof level of the second floor for second floor
establishments in buildings of only two stories in
height.
For the purpose of this definition, an exterior wall shall
include a parapet wall above the exterior wall and roof facade
with face slope 60 percent or greater with the horizontal
plane; provided that where a wall sign is to be located on a
parapet wall or facade, the parapet wall or facade shall
extend entirely across the side of the building, and provided
further that no portion of a wall sign shall exceed six feet
above the roof level. Exterior wall and parapet wall shall be
as defined in Chapter 16 (Building Code), as
amended.”
Sec. 21-8.30 Housing.—[Site development plan] Multiple
dwelling units on a single zoning lot,
[Three to six] A maximum of eight dwelling units may
be placed on a single zoning lot in [an agricultural,] a
country or residential district, provided [a site
development plan for the lot is approved by the
director.], and a maximum of two farm dwellings may
be placed on a single zoning lot in an agricultural
district.
(a) [Any] The zoning lot [which has at least twice] shall
have a lot area equal to or greater than the required
minimum lot size for the underlying agricultural,
country or residential district [may have two detached
Clarifies the difference in classification between a “wall sign” and
“projecting sign” by explicitly stating that the sign face of a wall sign
is oriented parallel to a building wall. Addresses an oversight
related to a recent, preceding amendment (Ordinance No. 09-5,
CD1) involving the maximum sign height for wall signs associated
with second-floor establishments. That preceding amendment
provided a more appropriate method for determining the maximum
permitted wall sign height for second-floor establishments in
buildings involving more than two floors, but inadvertently failed to
similarly address second-floor establishments in buildings with only
two floors. The proposed amendment corrects that oversight. [Note:
Second-floor establishments are only permitted to have one,
maximum 6-square-foot wall identification sign.]
Eliminates the site development plan permit and replaces it with
provisions permitting up to 8 dwelling units by-right on a single
residential or Country zoning lot of sufficient size. The site
development plan option has rarely been used; and, in the few
instances where it has been used, has essentially functioned as a
means to achieve a small subdivision without providing full Citystandard infrastructure improvements. Therefore, from a regulatory
perspective it has been of little benefit to either developers or the
City as a relevant type of regulatory option for housing
development. Under existing provisions, up to two single-family
dwellings on permitted on a zoning lot of sufficient size (i.e., at least
twice the minimum lot size). And, the site development plan option
is available for the development of three to six dwellings on a single
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
Section 21-8.50-2(a),
“Cluster Site Design
Standards”
dwellings] multiplied by the number of dwelling units
or farm dwellings on or to be placed on the lot.
(b) If the applicant wishes to erect additional dwelling
units or farm dwellings under the provisions of
Section 21-8.20, ohana dwellings, the zoning lot shall
be subdivided.
[(b) The site development plan shall be in accordance
with the requirements of the preliminary subdivision map
as stated in the subdivision rules and regulations.]
(c) [Prior to granting approval, the director shall
determine that:
(1) The site development plan would qualify for
approval under the subdivision rules and
regulations if submitted in a subdivision
application and roadways, utilities and other
improvements comply with the subdivision rules
and regulations and subdivision standards,
unless modified by the director under applicable
provisions specified in the subdivision rules and
regulations.
(2)] The number of dwelling units or farm dwellings
contained in each structure [is] shall not be greater
than permitted in the applicable zoning district,
[(3) Except where otherwise provided in this article,
each existing and future dwelling unit is located as if
the lot were subdivided in accordance with the site
development plan, applicable provisions of this article
and the subdivision rules and regulations.]
(d) This section [does] shall not apply to [applications
for] more than [six] eight dwelling units on a single
zoning lot in a country or residential district, or more
than two farm dwellings on a single zoning lot in an
agricultural district, which must be processed under
the established procedures for cluster housing,
planned development housing or subdivision,
(e) The zoning lot shall be located with access to a
street or right-of-way of minimum access width as
determined by the appropriate agencies.
Within residential and apartment districts, the minimum land
area and maximum number of dwelling units for a cluster
housing project shall be as follows:
District Minimum Land Area Maximum No. of Units
zoning lot. As a streamlining measure, the proposed revisions will
allow up to eight dwellings by-right on zoning lots of sufficient size;
i.e., the zoning lot must be at least equal to or greater than the
required minimum lot size for the underlying zoning district
multiplied by the number of dwellings to be developed on the lot.
This will also eliminate the unnecessary regulatory requirement for
associated existing use and cluster housing approvals for relatively
small multiple housing developments. And, this will eliminate many,
if not most nonconforming dwelling unit situations. Furthermore, the
current provisions of LUO Section 21-8.30 authorize the
development of up to two dwellings “by right” on residential,
country, and agricultural zoning lots with at least twice the minimum
lot area for the underlying zoning district.
Amends the minimum land area requirements for cluster housing
projects, consistent with concurrent amendments to the number of
dwellings to be allowed by right on residential zoning lots. (See
corresponding amendments to LUO Section 21-8.30.) Since cluster
housing projects will be for nine or more dwellings on a single
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
Section 21-9.60,
“Chinatown Special
District —Exhibit 219.10- A, Historic and
Architecturally
Significant
Structures”
Section 2i-9.804(a)(9), “Waikiki
Special District,
General
Requirements
and Design Controls - Uses and Structures
Allowed in Required
Yards and Setbacks”
Section 21-9.804(c)(4),
“Waikiki Special
District, General
Requirements
and Design Controls Design Guidelines
R-20 [60,000] 180,000 sq. ft.
Total project area/20,000
R-1O [30,000] 90,000 sq. ft.
Total project area/i0,000
R-7.5 [22,500] 67,500 sq. ft.
Total project area/7,000
R-5 [15,000] 45,000 sq. ft.
Total project area/3,750
R-3.5 [10,500] 31,500 sq. ft.
Total project area/3,500
A-1 - A-3 [10,500] 31,500 sq. ft. Total project area/3,500
2-1-02: 24,57 842 Bethel St. Old Honolulu Police Station
(Walter Murray Gibson Building)
residential zoning lot of sufficient size, the minimum land area
requirements are appropriately revised, i.e., increased from three to
nine times the minimum size per dwelling unit.
Corrects references to the tax map key, address, and/or building
name for certain historic buildings identified as architecturally
significant in the Chinatown Special District
2-1-02: [36] 37 923 Nuuanu Ave. Wing Wo Tai
Interactive informational displays, provided:
(a) Only one interactive informational display per common
entryway to a project site shall be permitted, which shall
not encroach into or otherwise obstruct any public
sidewalk or pedestrian easement. For purposes of this
subdivision, a “common entryway” shall mean
an opening providing public pedestrian access to two or
more business establishments from any public sidewalk,
pedestrian easement, or right-of-way.
(b) The interactive informational display shall consist of a
freestanding structure, not exceeding 48 inches in height.
(c) The display area shall not exceed 8 square feet, and
shall be essentially horizontal in its orientation so as not
to be functionally viewable from adjoining streets or
sidewalks.
(d) No signs regulated under Article 7 of this chapter shall be
attached to the interactive informational display structure,
nor shall there be any speaker boxes, public address
systems, or other devices for reproducing or amplifying
voices or sound attached to or associated with the
structure.
(4) Utility Installations. [Utility] Except for antennas, utility
installations shall be designed and installed in an aesthetic
manner so as to hide or screen wires and equipment
completely from view, including views from above [(except for
antennas)]; provided that any antenna located at a height of
40 feet or less from existing grade should take full advantage
of stealth technologies in order to be adequately screened
Adds a new paragraph (9) to allow interactive informational displays
within required yards in the Waikiki Special Districts (WSD),
pursuant to appropriate design standards. Interactive informational
displays are electronic displays which provide information about
establishments, goods, and services provided on the premises.
Given the strong pedestrian orientation of Waikiki, the application of
such devices is seen as an appropriate accommodation of modern
technology, with design standards to insure their contextual
integration within the WSD. And, there has been strong support for
the establishment of these kinds of informational devices by the
Waikiki area business community, particularly as a means to
provide information at the ground level regarding business
establishments on the lot which otherwise lack building frontage;
and, therefore, as an acceptable alternative to the proliferation of
otherwise illegal signage (e.g., portable signs, banners, etc.)
Reflects new antenna technology that allows full function even
when screened. The amendment will allow the City to ensure that
antennas which can be seen from the street level will not detract
from the architectural features applied to buildings in the Waikiki
Special District.
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
Utility Installations
Section 21-1 0.1,
“Definitions”
from view at ground level without adversely affecting
operational capabilities.
“Automobile service station” means a retail establishment
which primarily provides gasoline, oil, grease, batteries, tires
or automobile accessories and where, in addition, the
following routine and accessory services may be rendered
and sales made, but no other:
(1) Servicing of spark plugs, batteries, tires;
(2) Radiator cleaning and flushing;
(3) Washing and polishing, including automated,
mechanical facilities;
(4) Greasing and lubrication;
(5) Repair and servicing of fuel pumps, oil pumps and
lines, carburetors, brakes and emergency wiring;
(6) Motor adjustments not involving repair of head or
crankcase;
(7) Provision of cold drinks, packaged foods, tobacco
and similar convenience goods for gasoline supply
station customers, but only as accessory and
incidental to the principal operation, and not to
exceed 400 square feet of floor area;
(8) Provision of road maps and other information
material to customers;
(9) Provision of rest room facilities;
(10) Parking as an accessory use;
(11) Towing service.
The following are not permitted: tire recapping or regrooving,
body work, straightening of frames or body parts, steam
cleaning, painting, welding, or non-transient storage of
automobiles not in operating condition, permitted repair
activities not conducted within an enclosed structure in any
zoning district other than the industrial districts.
“Crop production” means agricultural and horticultural uses,
including production of grains, field crops, and indoor and
outdoor nursery crops, vegetables, fruits, tree nuts, flower
fields and seed production, ornamental crops, tree and sod
farms, associated crop preparation services and harvesting
activities.
Provides consistency with the definition of repair establishments by
allowing automobile service stations to perform their activities
outside when located in an industrial district. Also, it provides
clarification for the storage of vehicles, because the temporary
parking of vehicles is common, but long-term storage cannot be
accommodated at service stations. The update also clarifies the
difference between a service station and a storage yard use.
Updates the definition of “crop production” in LUO Article 10 to
specify that it explicitly includes nursery-grown crops. This is
necessary due to recent LUO revisions related to the regulatory
definition and related use standards for “plant nurseries,” adopted
under Ordinance No. 09-26; but, which failed to address nursery
crops grown in Country Districts. The LUO amendments adopted
for plant nurseries under Ordinance No. 09-26 relate specifically to
permitted accessory retail sales; whereas, the proposed
amendment to the definition for crop production will merely insure
that nursery-grown crops continue to be appropriately included
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
“Hotel” means a building or group of buildings containing
lodging and/or dwelling units [in which 50 percent or more of
the units are lodging units] offering transient
accommodations, and [. A hotel includes] a lobby, clerk’s
desk or counter with 24-hour clerk service and facilities for
registration and keeping of records relating to hotel guests. A
hotel may also include accessory uses and services intended
primarily for the convenience and benefit of the hotel’s
guests, such as restaurants, shops, meeting rooms, and/or
recreational and entertainment facilities.
“Repair establishments, minor and major” means
establishments which primarily provide restoration,
reconstruction and general mending and repair services.
“Minor repair establishment” uses include those repair
activities which have little or no impact on surrounding land
uses and can be compatibly located with other businesses.
“Major repair establishment” uses include those repair
activities which are likely to have some impact on the
environment and adjacent land uses by virtue of their
appearance, noise, size, traffic generation or operational
characteristics.
(1) Minor.
(A) Automobile (including pickup trucks),
motorcycle, moped, motorized bicycle, boat
engine, motorized household appliance (e.g.,
refrigerator, washing machine, dryer) and
small equipment (e.g., lawn mower)
repairing, including painting, provided all
repair work is performed within an enclosed
structure in other than the industrial districts,
and does not include repair of body and
fender, and straightening of frame and body
parts.
under this land use classification.
Provides an updated, contemporary, and more appropriate
regulatory definition for hotels. Hotel units today typically include a
small refrigerator, coffee maker and/or microwave oven as a
convenience. Along with a bathroom sink, the presence of such
courtesies are
technical determinates that the unit is a dwelling; and, this can
affect the regulatory classification of a building as a transient
vacation unit rather than a hotel due to the resulting number of
“kitchens” in the building. The key land use characteristic for a hotel
use, however, is the length of occupancy of the living unit, not
whether there are kitchenettes present. In fact, the presence of
kitchenettes in modern hotel units has become ubiquitous. The
proposed revisions to the regulatory definition of a hotel are
intended to address this reality, and are consistent with the modern
design, operation, and marketing of hotel units. The proposed
revisions
also clarify normal types of accessory hotel uses, and help more
clearly differentiate hotels from buildings devoted to transient
vacation units.
Eliminates an existing inconsistency by allowing what is otherwise
considered minor repairs in industrial districts to occur outdoors.
Without this clarification, minor repairs performed outdoors would
be treated as major repairs in industrial districts, where these are
appropriate activities. The distinction for indoor and outdoor activity
is appropriate only for commercial districts, where minor repair
establishments are permitted, while major repairs are not.
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
(B) Production and repair of eyeglasses, hearing
aids and prosthetic devices.
(C) Garment repair.
(D) General fixit shop.
(E) Nonmotorized bicycle repair.
(F) Radio, television and other electrical
household appliance repair.
(G) Shoe repair.
(H) Watch, clock, jewelry repair.
(2) Major.
(A)
(B)
(C)
(D)
(E)
Blacksmiths.
Ship engine cleaning and repair.
Airplane motor repair and rebuilding.
Furniture repair.
Industrial machinery and heavy equipment
repair.
(F) Bus and truck repair.
(G) Repair of vehicle (all types) body and fender,
and straightening of frame and body parts.
“Retail establishments” means the sale of commodities or
goods to the consumer and may include display rooms and
incidental manufacturing of goods for retail sale on premises
only. Typical retail establishments include grocery and
specialty food stores, general department stores, drug and
pharmaceutical stores, hardware stores, pet shops, appliance
and apparel stores, motorized scooter and bicycle sales and
rentals, and other similar retail activities. This term also
includes establishments where food or drink is sold on the
premises for immediate consumption, but which lack
appropriate accommodations for on-premise eating and
drinking. The term does not include open storage yards for
new or used building materials, yards for scrap, salvage
operations for storage or display of automobile parts, service
stations, repair garages or veterinary clinics and hospitals.
“Time sharing” means the ownership and/or occupancy of a
dwelling or lodging unit regulated under the provisions of
HRS Chapter 514E, as amended, relating to time share plan
and time share unit hereinafter defined:
(1)
“Time share plan” means any plan or
program in which the use, occupancy or possession
Clarifies that establishments selling or renting motor scooters
and/or bicycles are retail establishments, as opposed to automobile
sales and rentals. This is consistent with current practice.
Amends the definition of “time sharing” to clarify that this term
applies to ownership, rather than use. For purposes of the LUO, all
time-share units are concurrently considered hotel, transient
vacation, or dwelling units. The existing regulatory term, “time
sharing,” already defines an ownership scheme, rather than a
distinct type of land use. The proposed revisions clarify this
meaning and eliminate some of the confusion which might
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
(2)
of one or more time share units circulates among
various persons for less than a 60-day period in any
year for any occupant. The term “time share plan”
shall include both time share ownership plans and
time share use plans, as follows:
(A) “Time share ownership plan” means any
arrangement whether by tenancy in
common, sale, deed or by other means,
whereby the purchaser received an
ownership interest and the right to use the
property for a specific or discernible period
by temporal division.
(B) “Time share use plan” means any
arrangement, excluding normal hotel
operations, whether by membership
agreement, lease, rental agreement, license,
use agreement, security or other means,
whereby the purchaser receives a right to
use accommodations or facilities, or both, in
a time share unit for a specific or discernible
period by temporal division, but does not
receive an ownership interest.
“Time share unit” means the actual and
promised accommodations and related facilities,
which are the subject of a time-share plan; and, may
be either a hotel, transient vacation, or multi-family
dwelling unit.
“Biofuel processing facility” means a biofuel processing
facility as defined under HRS Section 205-4.5(a)(15).
“Plantation community subdivision” means a plantation
community subdivision as defined under HRS Section 2054.5(a)(12).
otherwise unnecessarily persist.
Adds a new definition for “biofuel processing facility” to be
consistent with the State mandate under HRS Section 205-4.5. It is
appropriate to define this type of facility by referencing the
applicable statute, rather than using language directly from the
chapter, because the LUO definition will remain consistent even if
the HRS definition is amended
Adds a new definition for “plantation community subdivision” that is
consistent with the state mandate under HRS Sections 46-4 and
205-4.5. It is appropriate to define this type of subdivision by
referencing the applicable statute, rather than use language directly
from the chapter, because it will remain consistent even if the HRS
definition is amended.
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Bill 24 (2010), Proposed CD1 Breakdown of All Changes
19