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Article 9. Special District Regulations

Sections:

(21-9.10 Flood hazard districts—Purpose. Repealed by Ord. 14-9.)

21-9.10 Developments in Flood Hazard Areas.

(21-9.10-1 Authority. Repealed by Ord. 14-9.)

(21-9.10-2 Establishment of districts. Repealed by Ord. 14-9.)

(21-9.10-3 Warning and disclaimer of liability. Repealed by Ord. 14-9.)

(21-9.10-4 Development standards. Repealed by Ord. 14-9.)

(21-9.10-5 Floodway district. Repealed by Ord. 14-9.)

(21-9.10-6 Flood fringe district. Repealed by Ord. 14-9.)

(21-9.10-7 Coastal high hazard district. Repealed by Ord. 14-9.)

(21-9.10-8 General floodplain district. Repealed by Ord. 14-9.)

(21-9.10-9 Developments adjacent to drainage facility outside the flood hazard

district. Repealed by Ord. 14-9.)

(21-9.10-10 Application procedures. Repealed by Ord. 14-9.)

(21-9.10-11 Flood hazard variance. Repealed by Ord. 14-9.)

(21-9.10-12 Nonconforming structures within the flood hazard districts. Repealed by Ord. 14-9.)

(21-9.10-13 Certification standards. Repealed by Ord. 14-9.)

(21-9.10-14 Other laws and regulations. Repealed by Ord. 14-9.)

LAND USE ORDINANCE

21-9.20 Special districts—Purpose.

21-9.20-1 Design controls.

21-9.20-2 Major, minor, and exempt projects.

21-9.20-3 Time limits.

21-9.20-4 Utility lines.

21-9.20-5 Design advisory committee.

21-9.20-6 Conflicting regulations.

21-9.30 Hawaii capital special district.

21-9.30-1 Objectives.

21-9.30-2 District boundaries.

21-9.30-3 Prominent views and historic places.

21-9.30-4 Design controls.

21-9.30-5 Project classification.

21-9.40 Diamond Head special district.

21-9.40-1 Objectives.

21-9.40-2 District boundaries.

21-9.40-3 Prominent public vantage points.

21-9.40-4 Design controls.

21-9.40-5 One-family and two-family detached dwellings.

21-9.40-6 Project classification.

21-9.50 Punchbowl special district.

21-9.50-1 Objectives.

21-9.50-2 Boundaries.

21-9.50-3 Prominent vistas and viewing areas.

21-9.50-4 Design controls.

21-9.50-5 One-family and two-family detached dwellings.

21-9.50-6 Project classification.

21-9.60 Chinatown special district.

21-9.60-1 Overall objectives.

21-9.60-2 District boundaries.

21-9.60-3 Prominent view corridors.

21-9.60-4 Historic and architecturally significant structures.

21-9.60-5 Design controls.

21-9.60-6 Mauka precinct objectives.

21-9.60-7 Mauka precinct development standards.

21-9.60-8 Historic core precinct objectives.

21-9.60-9 Historic core precinct development standards.

21-9.60-10 Makai precinct objectives.

21-9.60-11 Makai precinct development standards.

21-9.60-12 Street facade guidelines.

21-9.60-13 Project classification.

21-9.70 Thomas Square/Honolulu Academy of Arts special district.

21-9.70-1 Objectives.

21-9.70-2 District boundaries.

21-9.70-3 Significant public views.

21-9.70-4 Design controls.

21-9.70-5 Project classification.

21-9.80 Waikiki special district—Findings.

21-9.80-1 Waikiki special district—Objectives.

21-9.80-2 District boundaries and land use control system.

21-9.80-3 Prominent view corridors and historic properties.

21-9.80-4 General requirements and design controls.

21-9.80-5 Apartment precinct.

21-9.10 REVISED ORDINANCES OF HONOLULU

21-9.80-6 Resort mixed use precinct.

(21-9.80-7 Resort commercial precinct. Repealed by Ord. 11-30.)

21-9.80-7 Reserved.

21-9.80-8 Public precinct.

21-9.80-9 Tables for permitted uses and structures, development standards and project

classification.

21-9.90 Haleiwa special district.

21-9.90-1 Objectives.

21-9.90-2 District boundaries.

21-9.90-3 Significant public views and resources.

21-9.90-4 Design controls.

21-9.90-5 Detached dwellings and duplex units.

21-9.90-6 Project classification.

21-9.100 Transit-oriented development (TOD) special districts.

21-9.100-1 TOD special district findings.

21-9.100-2 Neighborhood TOD plans.

21-9.100-3 Processing of proposed ordinances establishing the TOD special district and

development regulations applicable thereto.

21-9.100-4 TOD development regulations minimum requirements.

21-9.100-5 Interim planned development-transit (IPD-T) projects.

21-9.100-6 TOD special district objectives.

21-9.100-7 Use regulations.

21-9.100-8 General requirements and development standards.

21-9.100-9 TOD special district permits.

21-9.100-10 Planned development-Transit (PD-T) projects.

21-9.100-11 TOD special district–Project classification.

21-9.100-12 TOD special district boundaries.

(Sec. 21-9.10 Flood hazard districts—Purpose. Repealed by Ord. 14-9.)

Sec. 21-9.10 Developments in flood hazard areas.

(a) All permit applications subject to this chapter shall, at the time of processing, be reviewed for compliance

with the flood hazard areas ordinance. Whenever applicable, the flood hazard area requirements of a

development project shall be determined prior to processing for other approvals mandated by other laws and

regulations.

(b) Dwellings in country, residential and agricultural districts, as well as detached dwellings and duplex units in

apartment and apartment mixed use districts, may exceed the maximum height in the district by no more than

five feet if required to have its lowest floor elevated to or above the base flood elevation, provided such

additional height shall not be greater than 25 feet above the base flood elevation.

single zoning lot whose only buildable area is in the floodway. This provision, designed to reduce flood

losses, shall take precedence over any less restrictive, conflicting laws, ordinances or regulations.

(Added by Ord. 14-9)

(Sec. 21-9.10-1 Authority. Repealed by Ord. 14-9.)

(Sec. 21-9.10-2 Establishment of districts. Repealed by Ord. 14-9.)

(Sec. 21-9.10-3 Warning and disclaimer of liability. Repealed by Ord. 14-9.)

(Sec. 21-9.10-4 Development standards. Repealed by Ord. 14-9.)

(Sec. 21-9.10-5 Floodway district. Repealed by Ord. 14-9.)

LAND USE ORDINANCE 21-9.10-6

(Sec. 21-9.10-6 Flood fringe district. Repealed by Ord. 14-9.)

(Sec. 21-9.10-7 Coastal high hazard district. Repealed by Ord. 14-9.)

(Sec. 21-9.10-8 General floodplain district. Repealed by Ord. 14-9.)

(Sec. 21-9.10-9 Developments adjacent to drainage facility outside the flood hazard district. Repealed by

Ord. 14-9.)

(Sec. 21-9.10-10 Application procedures. Repealed by Ord. 14-9.)

(Sec. 21-9.10-11 Flood hazard variance. Repealed by Ord. 14-9.)

(Sec. 21-9.10-12 Nonconforming structures within the flood hazard districts. Repealed by Ord. 14-9.)

(Sec. 21-9.10-13 Certification standards. Repealed by Ord. 14-9.)

(Sec. 21-9.10-14 Other laws and regulations. Repealed by Ord. 14-9.)

Sec. 21-9.20 Special districts—Purpose.

The purpose of a special district is to provide a means by which certain areas in the community in need of

restoration, preservation, redevelopment or rejuvenation may be designated as special districts to guide

development to protect and/or enhance the physical and visual aspects of an area for the benefit of the community

as a whole.

(Added by Ord. 99-12)

Sec. 21-9.20-1 Design controls.

(a) To fulfill district design objectives, each special district may contain regulations which provide guidance for

the design of new development and the renovation of existing development.

(b) Regulations may supplement or modify underlying zoning district regulations. Sections 21-9.20-2 through

21-9.20-5 shall apply to all special districts.

objectives and design controls of each special district.

(Added by Ord. 99-12)

Sec. 21-9.20-2 Major, minor, and exempt projects.

All development in any special district is classified into one of three categories: major, minor, or exempt.

Major and minor projects must obtain a special district permit and must be processed under Sections 21-2.40-2

and 21-2.40-1, respectively. Tables 21-9.1 through 21-9.8 are to be used by the department as a guide to

determine the category of a particular project within each special district.

(a) Major Permits. These permits are intended for projects that may significantly change the intended character

of the special district. All major permits, other than TOD special district permits, will be reviewed by the

design advisory committee as specified in Section 21-2.40-2.

(b) Minor Permits. Minor permits are intended for projects that will have limited impact and are considered

minor in nature. The director shall have the right to review and modify such projects.

They include projects that require emergency repairs or interior work, and do not change the exterior

appearance of a structure. Within a TOD special district, projects that are less than one acre in area or that do

not require discretionary review because they meet the development standards in Section 21-9.100-8, are also

exempt projects.

(Added by Ord. 99-12; Am. Ord. 17-54)

21-9.20-3 REVISED ORDINANCES OF HONOLULU

Sec. 21-9.20-3 Time limits.

The special district permit shall be null and void if the applicant fails to secure building permits within two

years of the date of issuance of the permit. The applicant shall be notified in writing of the change in the time

period. On show of cause, the applicant may request the director to extend the time limit.

(Added by Ord. 99-12)

Sec. 21-9.20-4 Utility lines.

Notwithstanding any ordinance or regulation to the contrary, utility companies shall place their utility lines

underground within any special district. The director may grant an exemption to utility lines based on the

applicant’s satisfactory justification that no other alternative will better achieve the district’s purpose and

objectives.

(Added by Ord. 99-12)

Sec. 21-9.20-5 Design advisory committee.

(a) The director shall appoint a design advisory committee which shall provide design input to the director on

significant proposals in the special districts. The committee shall hear proposals for major special district

permits and advise the director concerning the approval, denial or modification of these projects based on the

purposes, objectives and design controls of the particular special district.

(b) The committee shall consist of a minimum of seven members as follows:

(1) Two architects;

(2) Two landscape architects;

(3) Two urban planners;

(4) State historic preservation officer from the department of land and natural resources or designated

representative.

(Added by Ord. 99-12)

Sec. 21-9.20-6 Conflicting regulations.

If any regulation pertaining to the special districts conflicts with any provision contained within Article 3, the

more restrictive regulation takes precedence; provided, however, that this section does not apply to TOD

development regulations enacted pursuant to Section 21-9.100 and its accompanying sections, which take

precedence in the event of conflict with any underlying Article 3 provision or special district regulation.

(Added by Ord. 99-12; Am. Ord. 09-4, 17-54)

Sec. 21-9.30 Hawaii capital special district.

(a) As the seat of state and county government, Honolulu enjoys the clustering of government facilities and

buildings. Many of the buildings are listed on the state and national registers of historic places. Because of

their close proximity, these facilities, and the areas adjacent to them, contribute significantly to the urban

design of Honolulu.

(b) The purpose of this section is to establish a special district to be called the “Hawaii capital special district”

and to provide for its protection, preservation, enhancement and orderly development.

sources of education, pleasure and intangible benefit for the people of the State of Hawaii and to foster civic

pride in the beauty of the district and accomplishments of the past.

(Added by Ord. 99-12)

[Text continues on page 21-141.]

LAND USE ORDINANCE 21-9.30-1

Sec. 21-9.30-1 Objectives.

The objectives of the Hawaii capital special district are:

(a) To provide safeguards for the preservation and enhancement of buildings and landmarks within the Hawaii

capital special district which represent or reflect elements of the state’s civic, aesthetic, cultural, social,

economic, political and architectural heritage, and encourage new development which is compatible with and

complements those buildings and sites.

(b) To preserve and enhance the park-like setting of the Hawaii capital special district, including its view from

the Punchbowl lookout.

(Added by Ord. 99-12)

Sec. 21-9.30-2 District boundaries.

The Hawaii capital special district and its precinct boundaries are shown on Exhibit 21-9.1, set out at the end of

this article. (Added by Ord. 99-12)

Sec. 21-9.30-3 Prominent views and historic places.

(a) The following streets and locations identify important pedestrian and vehicular corridors by which one

experiences the Hawaii capital special district, as well as views of the mountains and the waterfront. The design of

all proposed projects within the district shall be guided by the required yards as shown on Exhibit 21-9.2, set out

at the end of this article.

(1) Beretania Street between Alapai Street and Alakea Street.

(2) The Hotel Street Mall between Alapai Street and Richards Street.

(3) Hotel Street between Richards Street and Alakea Street.

(4) King Street between South Street and Alakea Street.

(5) Kapiolani Boulevard at the intersection of South Street and King Street.

(6) Ala Moana Boulevard between Punchbowl Street and the district boundary.

(7) Mililani Street and Mall between Halekauwila Street and King Street.

(8) Punchbowl Street between Beretania Street and Ala Moana Boulevard.

(9) South Street between King and Pohukaina Streets.

(10) Richards Street between Halekauwila and Beretania Streets.

(11) Alapai Street between King and Beretania Streets.

(12) The fifth floor lanais of the State Capitol Building, emphasizing a mauka-makai orientation.

(b) The following is a listing of sites, structures and objects which are on the state and/or national registers of

historic sites and, therefore, are worthy of preservation. They are identified by number on Exhibit 21-9.3, set out

at the end of this article.

(1) Kawaiahao Church and grounds.

(2) Adobe School House.

(3) Lunalilo Mausoleum.

(4) Kekuanaoa Building.

(5) Kapuaiwa Building.

(6) Hale Auhau.

(7) Kamehameha I Statue.

(8) Aliiolani Hale.

(9) U.S. Post Office.

(10) Hawaiian Electric Building.

(11) Honolulu Hale and grounds.

(12) Mission Memorial Building Annex.

(13) Honolulu Hale Annex (Mission Memorial Building and Auditorium).

(14) Iolani Palace and grounds.

(15) Iolani Barracks.

(16) Royal Burial Ground and Fence.

(17) Coronation Bandstand.

(18) Captain Cook Memorial Tablet.

(19) YWCA and grounds.

(20) Banyan tree on the Iolani Palace grounds.

(21) Old Archives Building (Attorney General’s Building).

(22) Hawaii State Library.

(23) State Capitol and grounds.

(24) Armed Services YMCA and grounds (No. 1 Capitol District).

(25) St. Andrew’s Cathedral, including St. Andrew’s Close, Davies and Tenney Halls and Parke Memorial Chapel

adjacent to the cathedral.

(26) Washington Place and grounds.

(27) Mission Houses.

(28) Aloha Tower.

(29) Royal Brewery.

(30) Podmore Building.

(31) Old Kakaako Fire Station.

and/or removal of the following structures, efforts to retain them are to be encouraged.

(1) St. Andrew’s Priory.

(2) St. Peter’s Church.

(3) Aliiolani Hale Annex.

(4) Mabel Smythe Building.

(5) Harkness Nurses Home.

(6) Board of Water Supply Buildings.

(7) Arcade Building.

(8) 1919 Hawaiian Electric Company Building.

(Added by Ord. 99-12)

Sec. 21-9.30-4 Design controls.

(a) Landscaping.

(1) Open space and yard requirements for each precinct shown on Exhibits 21-9.1 and 21-9.2, respectively, set

out at the end of this article, shall be landscaped in accordance with landscape guidelines and regulations

contained in this subsection. If no yard or open space requirement is shown, underlying zoning district regulations

shall prevail.

(2) All required yards shall be landscaped and maintained with a minimum of 75 percent of the area devoted

exclusively to plant material rooted directly in the ground or permanently fixed plant containers.

(3) Vertical form trees shall be planted and maintained along the front yard perimeter of parking structures to

reduce the visual impact of blank walls and parked vehicles. A tree shall be planted for every 20 feet of linear

building length. Acceptable tree species include coconut palms, paperbark and eucalyptus. If there is sufficient

space, canopy form trees may be substituted. Alternatively, planter boxes with vines may be provided on the

facades of every parking level.

(4) Rooftop parking and mechanical equipment shall be substantially screened and/or painted to soften their

appearance from the Capitol building and the Punchbowl lookouts.

(5) All required trees shall be provided in conformance with subdivision (8), and shall be a minimum two-inch

caliper, except palms which shall have a minimum trunk height of 15 feet. All tree planting shall be in

conformance with the requirements and standards shown on Exhibit 21-9.4, except that alternative species,

especially native Hawaiian or species long present and common to the Hawaiian Islands, including flowering

varieties, shall be encouraged and may be substituted in all instances upon approval by the director. Other

exceptions to accommodate special conditions may be approved by the director.

(6) Landscaping for the Iolani Palace grounds shall be in conformance with the master plan as approved by the

department, the National Council on Historic Preservation and the state department of land and natural resources.

(7) Landscaping for the Queen’s Medical Center shall include retention of its existing large front lawn along

Punchbowl Street, except for the Queen Emma Tower expansion and the HML parking garage authorized by

Resolution 04-224, CD1, FD1; necessary driveways providing vehicular access through the campus; and

pedestrian accessways. Main entrances that exit to ground level shall include a view of landscaping, including

trees wherever possible.

(8) Street trees shall be provided along major streets as delineated below, and shown on Exhibit 21-9.4.

(A) Beretania Street, except fronting the State Capitol.

(i) Species: Monkeypod (Samanea saman).

(ii) Maximum spacing: 60 feet on center.

(iii) Location: Within the required front

yard.

(B) King Street, except fronting the Iolani Palace grounds and Aliiolani Hale.

(i) Species: Rainbow Shower (Cassia hybrida) or Monkeypod (Samanea saman).

(ii) Maximum spacing: 50 feet on center.

(iii) Location: First five feet of required front yard.

(i) Species: Royal Poinciana (Delonix regia).

(ii) Maximum spacing: 60 feet on center.

(iii) Location: First five feet of required front yard.

(D) Punchbowl Street.

(i) Species: Monkeypod (Samanea saman).

(ii) Maximum spacing: 60 feet on center.

(iii) Location: Within the required front yard.

(E) Alapai Street.

(i) Species: Monkeypod (Samanea saman).

(ii) Maximum spacing: 60 feet on center.

(iii) Location: Within the required front yard.

(F) Ala Moana/Nimitz Highway.

(i) Species: Coconut Palm (Cocos nucifera).

(ii) Maximum spacing: Three palm trees shall be provided per 50 feet of street frontage.

(iii) Location: First five feet of required front yard.

(G) South Street.

(i) Species: Autograph (Clusea rosea).

(ii) Maximum spacing: 40 feet on center.

(iii) Location: Within the required front yard.

(H) Alakea Street and Queen Emma Street.

(i) Species: False Olive.

(ii) Maximum spacing: 20 feet on center.

(iii) Location: Within the sidewalk area.

(I) Vineyard Boulevard.

(i) Species: Monkeypod (Samanea saman).

(ii) Maximum spacing: 60 feet on center.

(iii) Location: Within the required front yard.

(9) For all other streets, except those along the State Capitol and Iolani Palace grounds, street trees shall be

provided at a minimum two-inch caliper. Species and spacing shall be chosen from an approved tree list on file

with the department and the department of parks and recreation.

(10) If location of street trees in the sidewalk area is infeasible, the tree(s) shall be located in the required front

yard.

(11) In the event there are no feasible locations for street trees, substitute landscaping may be permitted upon

approval by the director.

(12) Credit shall be given, at a ratio of one to one, for existing trees that are to be preserved.

(13) Any tree six inches or greater in trunk diameter shall not be removed or destroyed except as follows:

(A) The tree is not visible from any street, park or other public viewing area.

(B) Appropriate development of the site cannot be achieved without removal of the tree.

(D) The tree is dead, diseased or otherwise irretrievably damaged.

(E) The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation.

(14) Any tree removed which is visible from any street, park or other public viewing area shall be replaced by an

approved tree of a minimum two-inch caliper or by alternative approved landscaping material, unless the

replacement results in overcrowded vegetation.

(15) Where possible, trees proposed for removal shall be relocated to another area of the project site.

(b) Design Guidelines for the Historic Precinct.

The following design guidelines shall be used in the design and review of new construction and renovation in the

historic precinct. They are intended to promote the concept of “contextualism,” wherein new developments are

sensitive to the existing historic and other significant structures.

(1) Roof Treatment. Roof treatment should reflect existing roofscape by using combinations of overhanging

eaves and pitches greater than 1:3. Roofing materials should be green or reddish earth-toned tile or gray slate

roofing surfaces, or roofing surfaces which closely resemble existing tile or slate roof in color, texture and

appearance.

(2) Architectural Style. Architectural elements to be encouraged are the open design of arcades, porches,

entryways, internal pedestrian spaces and courtyards. New developments should be influenced by the following

architectural styles: modified Mediterranean, Spanish mission, Victorian, U.S. Greek revival, Italianate revival,

and French second empire.

(3) Facade. Facade elements common to the precinct include recessed window openings and strong horizontal

lines expressed by combinations of fenestrations, openings, wall edges and decorations. New development should

incorporate and employ these elements to visually relate new buildings to adjacent facades of established historic

value. Typical is the use of projections, columns, balconies and recessed openings.

(4) Color and Surface.

(A) Colors and surfaces in the precinct are characterized by being absorptive rather than reflective. The use of

shiny metal or reflective surfaces, including paints and smooth or plastic-like surfaces should be avoided. Colors

and surfaces which predominate include warm white walls, earth tones, natural colors of stone, coral and cast

concrete. Concrete, stone, terra cotta, plaster and wood should be principal finish materials.

(B) If the use of metal surfaces is required, they should be used with black or dark earth-toned matte finishes.

Copper and brass may be acceptable metal surfaces. Glass surfaces, where used, should be recessed and clear, or

of light earth-toned tints.

(5) Texture. Characteristic textures include those of stucco, tile, concrete, cut coral, cut stone, cast iron, grass

and foliage. Development should employ surface qualities which are sympathetic to historic and original uses of

material.

(6) Details.

(A) Details are of prime interest and importance at the pedestrian scale and constitute an important design

element. The use of terra cotta, plaster work, ironwork, ornament painting and sculptural elements is highly

encouraged.

(B) Respect for historic design including detailing should be maintained on elements such as pavers, curbs, signs,

planters, benches, trash cans, fountains, lighting, bus shelters and flag and utility poles.

(7) Entry Treatment. Characteristic of places within the precinct is the treatment of building entry which

provides comfortable transitions from outside to inside. These elements include arcades and porches recessed or

projecting from the building mass.

(8) Orientation. In order to protect mauka views within the precinct, new development should be oriented on a

mauka-makai axis.

(9) Signs. Signs shall not be directly illuminated, have moving parts, luminous paints or reflective materials.

Any illumination should be from a detached source shielded from direct view. No box fluorescent signs shall be

allowed.

(10) Landscape Treatment.

(A) Large open spaces, lawns and canopy-type shade trees, fountains and sculptures shall be compatible with the

grounds of Iolani Palace and the Capitol building.

(B) In small open areas, combinations of ground covers, shrub masses, flowering trees and palms may be used

either to introduce rich foliage patterns, for screening purposes, or to provide contrast to large, open lawn areas.

encouraged and should be compatible with, and secondary to, the larger park-like landscape.

(1) Open Space. All parcels shall comply with the minimum open space expressed as a percentage of lot area

designated on Exhibit 21-9.1, set out at the end of this article.

(2) Visual Impacts. All major development, especially on those parcels and building facades visible and adjacent

to the historic precinct, shall be reviewed to ensure that new structures do not visually intrude into the historic

precinct. Articulated building walls are encouraged. The use of recessed windows, lanais, projecting eyebrows,

offsets in the wall planes and exterior colors may be used to achieve this articulation.

(d) Height Regulations.

(1) Heights for all precincts are identified on Exhibit 21-9.1, set out at the end of this article.

(2) The director may exempt the following architectural features from the height regulations of the Hawaii

capital special district, provided they are erected only to such height as is necessary to accomplish the purpose for

which they serve, but in no case exceeding 12 feet above the maximum height limit. These building elements may

be exempted only if the director finds they do not obstruct any significant views which are to be preserved,

protected and enhanced and are consistent with the intent and objectives of the Hawaii capital special district.

(A) Necessary mechanical appurtenances of the building on which they are erected, provided they are screened

from view.

(B) Necessary utilitarian features, including stairwell enclosures, ventilators and skylights.

ornamental cornices.

(3) Except for flagpoles and smokestacks, all items listed in Section 21-4.60(c) shall also be exempt from the

height provisions of this section.

(Added by Ord. 99-12; Am. Ord. 07-8)

Sec. 21-9.30-5 Project classification.

Refer to Table 21-9.1 to determine whether specific projects will be classified as major, minor, or exempt. (Added

by Ord. 99-12; Am. Ord. 03-37)

Table 21-9.1

Hawaii Capital Special District

Project Classification

Activity/Use

Required Permit

Special Conditions

Signs

Directly illuminated signs prohibited in historic precinct

Tree removal over six inches in diameter

Detached dwellings and duplex units and accessory structures

Grading and stockpiling

Major modification, alteration, addition or repair to historic structures

This also includes structures listed in Section 21-9.30-3(c)

Major exterior repair, alteration or addition to nonhistoric structures

Minor exterior repair, alteration or addition to all structures, which does not adversely change the character or

appearance of the structure

m/E

Minor in historic precinct only

Exterior repainting that significantly alters the character or appearance of the structure

m/E

Minor in historic precinct only

Interior repairs, alterations and renovations to all structures

Demolition of historic structures

This also includes structures listed in Section 21-9.30-3(c)

Demolition of nonhistoric structures

Fences and walls

Streetscape improvements, including street furniture, light fixtures, sidewalk paving, bus shelters and other

elements in public rights-of-way

Major above-grade infrastructure* improvements not covered elsewhere, including new roadways, road

widenings, new substations, new parks and significant improvements to existing parks

Minor above-grade infrastructure* improvements not covered elsewhere; all below-grade infrastructure

improvements; and all emergency and routine repair and maintenance work

New buildings not covered above

M/m

Minor for accessory structures

*Notes: “Infrastructure” includes roadways, sewer, water, electrical, gas, cable tv, telephone, drainage and

recreational facilities.

A special district permit is not required for activities and uses classified as exempt, as well as other project types

which do not fall into one of the categories listed above. These activities and uses, however, must still conform to

the applicable objectives and standards of the special district. This conformance will be determined at the building

permit application stage.

Legend—Project classification:

M = Major

m = Minor

E = Exempt

(Added by Ord. 99-12)

Sec. 21-9.40 Diamond Head special district.

(a) Diamond Head is a volcanic crater that has been declared a state and national monument. Its natural

appearance and prominent public views have special values of local, state, national and international significance

and are in danger of being lost or seriously diminished through changes in land use and accompanying land

development.

(b) In accordance with these findings and established public policies, it is necessary to preserve and protect the

views of the Diamond Head monument.

(Added by Ord. 99-12)

Sec. 21-9.40-1 Objectives.

The objectives of the Diamond Head special district are:

(a) To preserve existing prominent public views and the natural appearance of Diamond Head by modifying

construction projects that would diminish these resources.

(b) To preserve and enhance the park-like character of the immediate slopes of the Diamond Head monument,

which includes Kapiolani Park.

(Added by Ord. 99-12)

Sec. 21-9.40-2 District boundaries.

The Diamond Head special district boundaries are designated on Exhibit 21-9.5, set out at the end of this article.

(Added by Ord. 99-12)

Sec. 21-9.40-3 Prominent public vantage points.

The prominent public vantage points from which significant public views of Diamond Head exist are the

following:

(a) Public Streets.

(1) Ala Wai Boulevard from McCully Street to Kapahulu Avenue.

(2) Paki Avenue from Kapahulu Avenue to Diamond Head Road.

(3) Diamond Head Road.

(4) Date Street from the Manoa-Palolo Drainage Canal to Kapahulu Avenue.

(5) Campbell Avenue from Kapahulu Avenue to Monsarrat

Avenue.

(6) Kalakaua Avenue from Kapahulu Avenue to Coconut Avenue.

(7) Kapahulu Avenue in the vicinity of the intersection of Date Street and Campbell Avenue.

(8) Monsarrat Avenue.

(9) 12th Avenue from Maunaloa Avenue to Alohea Avenue.

(10) 18th Avenue from Kilauea Avenue to Diamond Head Road.

(11) Kilauea Avenue from Elepaio Street to 12th Avenue.

(b) Public Viewing Sites.

(1) Ala Moana Beach, including Magic Island.

(2) The beaches extending from the Ala Wai Yacht Harbor to Sans Souci Beach.

(3) Kapiolani Park.

(4) Honolulu Zoo.

(5) Ala Wai Golf Course.

(6) Ala Wai Park.

(7) Kapaolono Field.

(8) Fort Ruger Park (Kahala Triangle Park).

(9) Ala Wai Elementary School.

(10) Jefferson Elementary School.

(11) Waikiki Elementary School.

(12) Kilauea Playground.

(13) Kaimuki Intermediate School.

(14) H-1 Freeway near the Kapahulu Avenue overpass.

(15) Punchbowl lookouts.

(16) Puu Ualakaa State Park lookout.

(Added by Ord. 99-12)

Sec. 21-9.40-4 Design controls.

Implementation of the district objectives shall consist primarily of landscaping requirements, height limitations

and architectural design review. Specific regulations are enumerated below.

(a) Landscaping.

(1) All required yards within the district shall be landscaped and maintained.

(2) On the ocean side of Diamond Head, including makai of Kalakaua Avenue, palm trees are appropriate since

they convey the tropical characteristics of Hawaii, and provide vertical accents in counterpoint to the high crater

behind them.

(3) Within the core area, along Diamond Head Road, Monsarrat Avenue and Kalakaua Avenue, all fences or

walls exceeding 36 inches in height shall be set back a minimum of 18 inches along all street frontages and

landscaped with vine, hedge or other approved planting on the street side(s).

(4) Street trees shall be provided at a minimum two-inch caliper. Species and spacing shall be chosen from an

approved tree list on file with the department and the department of parks and recreation.

(5) If location of street trees in the sidewalk area is infeasible, the tree(s) shall be located in the required front

yard.

(6) In the event there are no feasible locations for street trees, substitute landscaping may be permitted upon

approval by the director.

(7) Credit shall be given, at a ratio of one to one, for existing trees that are to be preserved.

(8) Any tree six inches or greater in trunk diameter located within the core area identified on Exhibit 21-9.5, set

out at the end of this article, shall not be removed or destroyed except as follows:

(A) The tree is not visible from any street, park or other public viewing area.

(B) Appropriate development of the site cannot be achieved without removal of the tree.

(D) The tree is dead, diseased or otherwise irretrievably damaged.

(E) The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation.

(9) Any tree removed which is visible from any street, park or other public viewing area identified in Section 21-

9.40-3(b) shall be replaced by an approved tree of a minimum two-inch caliper or by alternative- approved

landscaping material, unless the replacement results in overcrowded vegetation.

(10) Where possible, trees proposed for removal shall be relocated to another area of the project site.

(11) Vertical form trees shall be planted and maintained along the front yard perimeter of parking structures to

reduce the visual impact of blank walls and parked vehicles. A minimum two-inch caliper tree, or in the case of

palm trees, a minimum trunk height of 15 feet, shall be planted for every 20 feet of linear building length.

Acceptable tree species include coconut palms, paperbark and eucalyptus. If there is sufficient space, canopy form

trees may be substituted. Alternatively, planter boxes with vines may be provided on the facades of every parking

level.

(b) Heights.

(1) Height precincts for the district are identified on Exhibit 21-9.5, set out at the end of this article.

(2) The director may grant exceptions to special district height limits, not to exceed the height regulations for the

underlying zoning district, if the applicant can demonstrate the following:

(A) That the proposed construction would not substantially diminish any views from any of the prominent public

vantage points described for the special district; or

(B) That the extra height is necessary to achieve some public objective of importance. Such demonstrations shall

include:

(i) Information which provides a basis for the objective in terms of a public need or problem;

(ii) Other reasonable alternatives to achieve the objective; and

(iii) An appropriate analysis of the alternatives which indicates that the proposed construction is the most

beneficial to the public’s interest.

(3) The director may exempt the following architectural features from the height regulations of the special

district, provided they are erected only to such height as is necessary to accomplish the purpose for which they

serve, but in no case exceeding 12 feet above the maximum height limit. These building elements may be

exempted only if the director finds they do not obstruct any significant views which are to be preserved, protected

and enhanced and are consistent with the intent and objectives of the Diamond Head special district.

(A) Necessary mechanical appurtenances of the building on which they are erected, provided they are screened

from view.

(B) Necessary utilitarian features, including stairwell enclosures, ventilators and skylights.

ornamental cornices.

(4) Except for flagpoles and smokestacks, all items listed in Section 21-4.60(c) shall also be exempt from the

height provisions of this section.

(1) The exterior facades of all structures and structural forms shall be designed to have architectural scale,

exterior finish, material, colors, components and features that relate in a compatible manner to nearby existing

structures, particularly small-scale development.

(2) Materials, finishes and colors, including roofs, shall be nonreflective and subdued in nature.

(Added by Ord. 99-12)

Sec. 21-9.40-5 One-family and two-family detached dwellings.

Duplexes and one-family and two-family detached dwellings shall be exempt from the requirements of the

Diamond Head special district, except that those dwellings which are located within the “core area” identified on

Exhibit 21-9.5, set out at the end of this article, shall comply with Sections 21-9.40-4(a) and (c).

(Added by Ord. 99-12)

Sec. 21-9.40-6 Project classification.

Refer to Table 21-9.2 to determine whether specific projects will be classified as major, minor, or exempt. (Added

by Ord. 99-12)

Table 21-9.2

Diamond Head Special District

Project Classification

Activity/Use

Required Permit

Special Conditions

Signs

Tree removal over six inches in diameter

m/E

Minor only within “core” area

Detached dwellings and duplex units and accessory structures

Grading and stockpiling

Major exterior repair, alteration or addition to all structures

Minor exterior repair, alteration or addition to all structures, which does not adversely change the character or

appearance of the structure

Exterior repainting that significantly alters the character or appearance of the structure

m/E

Minor only within “core” area and if visible from street or public vantage points

Interior repairs, alterations and renovations to all structures

Demolition of all structures

Fences and walls

Streetscape improvements, including street furniture, light fixtures, sidewalk paving, bus shelters and other

elements in public rights-of-way

Major above-grade infrastructure* improvements not covered elsewhere, including new roadways, road

widenings, new substations, new parks and significant improvements to existing parks

Minor above-grade infrastructure* improvements not covered elsewhere; all below-grade infrastructure

improvements; and all emergency and routine repair and maintenance work

New buildings not covered above

M/m

Major in “core” area only, except for accessory structures; minor outside “core” area and for accessory structures

in “core” area

*Notes: “Infrastructure” includes roadways, sewer, water, electrical, gas, cable tv, telephone, drainage and

recreational facilities.

A special district permit is not required for activities and uses classified as exempt, as well as other project types

which do not fall into one of the categories listed above. These activities and uses, however, must still conform to

the applicable objectives and standards of the special district. This conformance will be determined at the building

permit application stage.

Legend—Project classification:

M = Major

m = Minor

E = Exempt

(Added by Ord. 99-12)

Sec. 21-9.50 Punchbowl special district.

(a) The significance of the National Memorial Cemetery of the Pacific as a national monument and as one of

Hawaii’s important landmarks has long been recognized. Over the years, however, land development and land use

changes in the area have posed a serious threat to the views of its slopes and diminished the serenity of the natural

appearance and sanctity of the national cemetery and its environs.

(b) The natural appearance of Punchbowl and the prominent public views of Punchbowl have special values of

local, state, national and international significance and are in danger of being lost or further diminished through

adjacent and surrounding land development. Therefore, it is necessary to preserve and protect the public views of

Punchbowl, and the appearance of its slopes and surrounding areas.

(Added by Ord. 99-12)

Sec. 21-9.50-1 Objectives.

The specific objectives of the Punchbowl district are to:

(a) Preserve and enhance Punchbowl’s form and character as a significant landmark.

(b) Preserve and enhance the park-like character of the immediate slopes of Punchbowl and its major streets.

lookouts and long-range views of Punchbowl, by modifying construction projects that would diminish those

views.

(d) Provide landscaping and open space which will enhance views and the general character of the Punchbowl

area.

(e) Preserve, enhance and restore to the extent possible, the serene and scenic qualities within the national

cemetery.

(Added by Ord. 99-12)

Sec. 21-9.50-2 Boundaries.

The Punchbowl special district boundaries are designated on Exhibit 21-9.6, set out at the end of this article.

(Added by Ord. 99-12)

Sec. 21-9.50-3 Prominent vistas and viewing areas.

Prominent vistas and viewing areas are identified on Exhibit 21-9.7, set out at the end of this article. (Added by

Ord. 99-12)

Sec. 21-9.50-4 Design controls.

Implementation of the district objectives shall consist primarily of height and lot coverage limits, architectural

design review and landscaping controls. Specific regulations are enumerated below.

(a) Height Regulations.

(1) The district’s height limit precincts are delineated on Exhibit 21-9.6, set out at the end of this article.

(2) The maximum heights of structures at the required front yard shall not exceed 15 feet. An additional height

setback equal to one foot for each two feet in height shall be provided to extend a maximum of 30 feet from the

street property line, at which point the permitted maximum height shall prevail.

(3) The director may grant exceptions to zero height limits, not to exceed the height regulations for the

underlying zoning district, if the applicant can demonstrate the following:

(A) That the proposed construction would not substantially diminish any views of Punchbowl from any of the

prominent vistas and viewing areas identified on Exhibit 21-9.7, set out at the end of this article; or

(B) That the extra height is necessary to achieve some public objective of importance. Such demonstrations shall

include:

(i) Information which provides a basis for the objective in terms of a public need or problem;

(ii) Other reasonable alternatives to achieve the objective; and

(iii) An appropriate analysis of the alternatives which indicate that the proposed construction is the most

beneficial to the public’s interest.

(4) The director may exempt the following architectural features from the height regulations of the special

district, provided they are erected only to such height as is necessary to accomplish the purpose for which they

serve, but in no case exceeding 12 feet above the maximum height limit. These building elements may be

exempted only if the director finds they do not obstruct any significant views which are to be preserved, protected

and enhanced and are consistent with the intent and objectives of the Punchbowl special district.

(A) Necessary mechanical appurtenances of the building on which they are erected, provided they are screened

from view.

(B) Necessary utilitarian features, including stairwell enclosures, ventilators and skylights.

ornamental cornices.

(5) Except for flagpoles and smokestacks, all items listed in Section 21-4.60(c) shall also be exempt from the

height provisions of this subsection.

(b) Maximum Building Area. In addition to the requirements for maximum building area in underlying

residential, apartment and apartment mixed use zoning districts, the percentage of maximum building area for

zoning lots in business, business mixed use and industrial districts shall be 50 percent.

(1) Articulated facades are encouraged to break up building mass. The use of recessed windows, lanais,

projecting eyebrows, offsets in the wall planes and exterior colors may be used to achieve this articulation.

(2) Materials, finishes and colors, including roofs, shall be nonreflective and subdued in appearance.

(d) Required Yards.

(1) The minimum required front yard shall be as designated by the underlying zoning district, except that those

streets identified as major streets on Exhibit 21-9.7, set out at the end of this article, shall have a minimum 20-foot

front yard.

(e) Landscaping.

(1) All required yards shall be landscaped.

(2) Street trees shall be provided at a minimum two-inch caliper. Species and spacing shall be chosen from an

approved tree list on file with the department and the department of parks and recreation.

(3) If location of street trees in the sidewalk area is infeasible, the tree(s) shall be located in the required front

yard.

(4) In the event there are no feasible locations for street trees, substitute landscaping may be permitted upon

approval by the director.

(5) Credit shall be given, at a ratio of one to one, for existing trees that are to be preserved.

(6) Flat rooftop areas visible from the Punchbowl lookout shall incorporate landscaping and/or architectural

features, such as screening, to substantially offset any adverse visual impact on views from the lookout areas.

(7) All fences and walls exceeding 36 inches in height shall be set back a minimum of 18 inches along all streets

identified as major streets on Exhibit 21-9.7, set out at the end of this article, and landscaped with vine or hedge

planting or other approved vegetation on the street side. The setback and landscaping requirement may be waived

by the director if the wall is moss rock or similar material.

(8) Any tree six inches or greater in trunk diameter, located within the “core area,” or along major streets, as

identified on Exhibits 21-9.8 and 21-9.7, respectively, set out at the end of this article, shall not be removed or

destroyed except as follows:

(A) The tree is not visible from any street, park or other public viewing area;

(B) Appropriate development of the site cannot be achieved without removal of the tree;

(D) The tree is dead, diseased or otherwise irretrievably damaged;

(E) The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation.

(9) Any tree removed which is visible from any street, park or other public viewing area shall be replaced by an

approved tree of a minimum two-inch caliper or by alternative-approved landscaping material, unless the

replacement results in overcrowded vegetation.

(10) Where possible, trees proposed for removal shall be relocated to another area of the project site.

(11) Vertical form trees shall be planted and maintained along the front yard perimeter of parking structures to

reduce the visual impact of blank walls and parked vehicles. A minimum two-inch caliper tree, or in the case of

palm trees, a minimum trunk height of 15 feet shall be planted for every 20 feet of linear building length.

Acceptable tree species include coconut palms, paperbark and eucalyptus. If there is sufficient space, canopy form

trees may be substituted. Alternatively, planter boxes with vines may be provided on the facade of every parking

level.

(Added by Ord. 99-12)

Sec. 21-9.50-5 One-family and two-family detached dwellings.

Duplexes and one-family and two-family detached dwellings shall be exempt from the requirements of the

Punchbowl special district, except that those dwellings which are located in the “core area” identified on Exhibit

21-9.8, set out at the end of this article, shall comply with Section 21-9.50-4(c) and (e).

(Added by Ord. 99-12)

Sec. 21-9.50-6 Project classification.

Refer to Table 21-9.3 to determine whether specific projects will be classified as major, minor, or exempt. (Added

by Ord. 99-12)

Table 21-9.3

Punchbowl Special District

Project Classification

Activity/Use

Required

Permit

Special Conditions

Signs

Tree removal over six inches in diameter

m/E

Minor in “core” area or along major streets

Detached dwellings and duplex units and accessory structures

Grading and stockpiling

m/E

Minor in “core” area if results in greater than 15-foot change in elevation

Major exterior repair, alteration or addition to all structures

Minor exterior repair, alteration or addition to all structures, which does not adversely change the character or

appearance of the structure

Exterior repainting that significantly alters the character or appearance of the structure

m/E

Minor only within “core” area and if visible from viewing areas

Demolition of all structures

Interior repairs, alterations and renovations to all structures

Fences and walls

Streetscape improvements, including street furniture, light fixtures, sidewalk paving, bus shelters and other

elements in public rights-of-way

Major above-grade infrastructure* improvements not covered elsewhere, including new roadways, road

widenings, new substations, new parks and significant improvements to existing parks

Minor above-grade infrastructure* improvements not covered elsewhere; all below-grade infrastructure

improvements; and all emergency and routine repair and maintenance work

New buildings not covered above

M/m

Major in “core” area only, except for accessory structures; minor outside “core” area and for accessory structures

in “core” area

*Notes: “Infrastructure” includes roadways, sewer, water, electrical, gas, cable tv, telephone, drainage and

recreational facilities.

A special district permit is not required for activities and uses classified as exempt, as well as other project types

which do not fall into one of the categories listed above. These activities and uses, however, must still conform to

the applicable objectives and standards of the special district. This conformance will be determined at the building

permit application stage.

Legend—Project classification:

M = Major

m = Minor

E = Exempt

(Added by Ord. 99-12)

Sec. 21-9.60 Chinatown special district.

(a) Chinatown is the oldest section of downtown Honolulu. In addition to its historic role in the growth of the

city, and its architectural significance as reflected in its placement on the National Register of Historic Places, it

reflects a dynamic ethnic population and business community.

(b) However, like other central city areas, it has faced numerous physical, social and economic problems in the

past, resulting in the deterioration of commercial and residential structures, a decline in business activity and an

erosion in housing stock. While government programs, including urban renewal and tax incentives for renovation

of older buildings, have been introduced to address these problems, there is a concern that architectural and

historic elements of the district may still be lost. Further, Chinatown’s location adjacent to the central business

district continues to produce pressures to redevelop the area to a higher density.

and to ensure the compatibility of new development within this context. The perpetuation of architectural

character dominant during the 1880s to the 1940s is particularly important.

(Added by Ord. 99-12)

Sec. 21-9.60-1 Overall objectives.

The overall objectives of the Chinatown district are as follows:

(a) Help promote the long-term economic viability of the Chinatown district as a unique community of retail,

office and residential uses.

(b) Retain the low-rise urban form and character of the historic interior core of Chinatown while allowing for

moderate redevelopment at the mauka and makai edges of the district.

level.

(d) Preserve and restore, to the extent possible, buildings and sites of historic, cultural and/or architectural

significance, and encourage new development which is compatible with and complements these buildings and

sites, primarily through building materials and finishes, architectural detailing and provisions for pedestrian

amenities, such as storefront windows and historic signage details.

(e) Improve traffic circulation with emphasis on pedestrian linkages within and connecting outside Chinatown.

(f) Retain makai view corridors as a visual means of maintaining the historic link between Chinatown and the

harbor.

(g) Encourage a variety of signage and graphics that reflect and complement the district’s ethnic vitality and

diversity, and which are compatible with and complement buildings and sites within the district.

(h) Encourage outdoor lighting for the purpose of contributing to a lively, friendly, and safe urban environment.

(Added by Ord. 99-12)

Sec. 21-9.60-2 District boundaries.

The Chinatown special district and its three precinct boundaries are designated on Exhibit 21-9.9, set out at the

end of this article. (Added by Ord. 99-12)

Sec. 21-9.60-3 Prominent view corridors.

(a) Maunakea Street and Nuuanu Avenue are makai view corridors, and provide a visual connection between

Honolulu Harbor and the heart of Chinatown, reflecting the historic ties between the two areas.

(b) In addition, the street level view along River Street, in an ewa direction, including Aala Park, is an important

public viewing area.

(Added by Ord. 99-12)

Sec. 21-9.60-4 Historic and architecturally significant structures.

(a) The Chinatown and Merchant Street historical districts, as included on the National Register of Historic

Places, are identified on Exhibit 21-9.10, set out at the end of this article.

(b) Structures within the Chinatown special district that are of historic and architectural significance are

identified on Exhibit 21-9.10-A, set out at the end of this article.

(Added by Ord. 99-12)

Sec. 21-9.60-5 Design controls.

(a) Implementation of the district objectives shall consist primarily of open space, landscaping and yard

regulations, use regulations, architectural review and sign controls. Specific regulations are enumerated below.

(b) Unless specified herein, all development shall comply with the underlying district permitted uses and

development standards, including density.

(Added by Ord. 99-12)

Sec. 21-9.60-6 Mauka precinct objectives.

(a) Provide multifamily dwellings for a range of household incomes, while supporting and contributing to

Chinatown’s retail-commercial function, particularly at street level.

(b) Create a transition between the high-rise Kukui Urban Renewal district and the low-rise historic core of

Chinatown.

sidewalks.

(d) Provide commercial, cultural, recreational and public facilities for residents by encouraging them on the

ground floor street exposure of buildings.

(Added by Ord. 99-12)

Sec. 21-9.60-7 Mauka precinct development standards.

(a) Maximum Heights.

(1) Within the mauka precincts, height limits are identified on Exhibit 21-9.9, set out at the end of this article.

(2) To minimize the visual intrusion of towers on Chinatown streetscapes, the following height setback shall

apply to any portion of a building over 40 feet in height: Each foot of additional height shall be set back one foot

from every front property line for the first 40 feet measured horizontally across the lot (refer to sketch on Exhibit

21-9.9, set out at the end of this article).

(b) Open Space and Landscaping.

(1) Where there are low-level rooftops, roof gardens should be provided, particularly for residents. Otherwise,

open space is encouraged in the form of landscaped interior courts.

(2) With the exception of Beretania and River Streets, street trees shall not be required. Any trees planted within

a front yard or sidewalk area shall take into consideration the objectives of the district, including the provisions of

sidewalk canopies, a strong continuous street frontage and traffic safety.

(3) Along Beretania and River Streets, street trees shall be provided at a minimum two-inch caliper. Species and

spacing shall be chosen from an approved tree list on file with the department and the department of parks and

recreation. If location of street trees in the sidewalk area is infeasible, the tree(s) may be located within the front

yard, if present. In the event there are no feasible locations for street trees, the director may approve substitute

landscaping or waive this requirement.

(A) Along Beretania Street, street trees shall strengthen the streetscape image of this major travel corridor, and

help maintain a human-scaled orientation at the ground level.

(B) Along River Street, street trees shall help to emphasize this “edge” of Chinatown, and shall serve as a

transition to Aala Park.

(4) The block bounded by Smith, Beretania, Pauahi and Maunakea Streets shall have an informal, landscaped

character with large canopy form trees.

required front yards along other streets.

(d) Permitted Uses.

(1) In addition to required entryways, ground level spaces should be for uses which contribute to a vital

streetscape. Appropriate uses include retail-commercial and light manufacturing.

(2) Parking may be located on any level within a block’s interior.

(e) Design Guidelines.

(1) Except for those facades fronting Beretania Street, street facades shall meet the requirements of Section 21-

9.60-12, street facade guidelines.

(2) Buildings above 40 feet shall avoid a long axis aligned in an ewa-diamond head direction. Their design shall

relate to the lower level street facades, including architectural scale, embellishments, color and detailing.

(Added by Ord. 99-12)

Sec. 21-9.60-8 Historic core precinct objectives.

Historic core precinct objectives are as follows:

(a) Encourage the retention and renovation of buildings of historic, architectural or cultural value.

(b) Ensure the design compatibility of new structures with historic structures through low building heights,

continuous street frontages and characteristic street facade elements.

activities by providing space for these uses particularly on the ground level.

(d) Encourage one- and two-family dwelling use to provide a variety of compatible uses which would contribute

to the precinct’s social and economic vitality.

(Added by Ord. 99-12; Am. Ord. 04-30)

Sec. 21-9.60-9 Historic core precinct development standards.

(a) Maximum Heights.

Within the historic core precinct, new structures shall not exceed 40 feet.

(b) Open Space and Landscaping.

(1) Open space is encouraged in the form of small-scaled interior landscaped courtyards and interior pedestrian

walkways.

(2) Street trees shall not be required. Any trees planted within a front yard or sidewalk area shall take into

consideration the objectives of the precinct, especially the desire for continuous building frontages and sidewalk

canopies, as well as traffic and pedestrian safety.

(3) Along Hotel Street, street trees may complement its strong retail character and public transit corridor

function. They shall be a minimum of two-inch caliper. Species and spacing shall be chosen from an approved

tree list on file with the department and the department of parks and recreation.

(1) There shall be no required yards.

(2) All buildings on the same block face shall form a continuous street facade, except for necessary driveways,

pedestrian entryways and small open space pockets.

(d) Permitted Uses. Ground floor spaces should be used exclusively for retail commercial uses, or light food

manufacturing of an ethnic nature such as noodle-making, compatible with the objectives for Chinatown.

Notwithstanding the underlying zoning, one- and two-family dwellings are permitted, if located above the ground

floor.

(e) Parking Exemption. Dwelling units within the 40-foot height limit shall be exempt from off-street parking

requirements.

(f) Design Guidelines. All street facades shall meet the requirements of Section 21-9.60-12, street facade

guidelines.

(Added by Ord. 99-12; Am. Ord. 04-30)

Sec. 21-9.60-10 Makai precinct objectives.

Makai precinct objectives are as follows:

(a) Provide for expansion of housing and office development from the central business district, compatible with

the overall revitalization of Chinatown, including an active retail-oriented ground level and distinctive facade

treatments.

(b) Create a transition between the high-rise central business district and the historic core of Chinatown.

(d) Develop a continuous street landscaping theme along Nimitz Highway to emphasize its role as a major

accessway into the central business district and Waikiki.

(Added by Ord. 99-12)

Sec. 21-9.60-11 Makai precinct development standards.

(a) Maximum Heights.

(1) Within the makai precinct, height limits are identified on Exhibit 21-9.9, set out at the end of this article.

(2) To minimize the visual intrusion of towers on Chinatown streetscapes, the following height setback shall

apply to any portion of a building over 40 feet in height: Each foot of additional height shall be set back one foot

from every front property line for the first 40 feet measured horizontally across the lot (refer to sketch on Exhibit

21-9.9, set out at the end of this article).

(b) Open Space and Landscaping.

(1) Where there are low-level rooftops, roof gardens should be provided. Otherwise, open space shall be

provided in the form of landscaped front yards along Nimitz Highway. Landscaped interior courts are also

encouraged.

(2) With the exception of Nimitz Highway, street trees shall not be required.

(3) Along Nimitz Highway, three coconut palm trees (Cocos nucifera) shall be provided for every 50 feet of

street frontage. Palm trees with a minimum trunk height of 15 feet shall be clustered together rather than evenly

spaced. In addition, all parking structures fronting Nimitz Highway shall have planter boxes along the length of

the facade on all floors. Bougainvillea shall be planted and maintained in these planter boxes. The director may

approve substitute plants due to physical constraints.

required front yards along other streets.

(d) Permitted Uses.

(1) In addition to required entryways, ground level spaces should be for uses which contribute to a vital

streetscape. Appropriate uses include retail shops, community centers and light manufacturing. Lower levels other

than the ground level should be used for residential, office or other commercial uses.

(2) Parking may be located on any level within a block’s interior and fronting Nimitz Highway.

(e) Design Guidelines.

(1) Except for those facades fronting Iwilei Road and Nimitz Highway, all facades shall meet the requirements

of Section 21-9.60-12, street facade guidelines.

(2) Parking structures should have vehicular entrances and exits on Nimitz Highway, when practical.

(3) Buildings above 40 feet shall avoid a long axis aligned in an ewa-diamond head direction. Their design shall

relate to the design of the lower level street facades, including architectural scale, embellishments, color and

detailing.

(Added by Ord. 99-12)

Sec. 21-9.60-12 Street facade guidelines.

(a) Building Materials, Colors and Textures.

(1) Building finishes should be of materials such as wood, brick, stone, masonry and plaster. Brick and stone are

particularly appropriate.

(2) Where existing buildings are to be rehabilitated, any underlying natural finishes should be retained. To

expose brick facades, sand blasting and other cleaning methods that will damage the historic building materials

should not be undertaken.

(3) The colors of natural materials should predominate. Accent colors may be used on trim and details around

window and door openings.

(b) Architectural Design.

(1) Building facades or fenestration should be “contextual” to existing structures, and incorporate representative

architectural features, such as arches, lintel columns, cornices and variated parapets. Uninterrupted blank walls

shall be avoided.

(2) Storefronts shall be as open as possible to reveal merchandise within and create an inviting environment.

Closed fronts shall use as much glass as possible. A typical storefront should have double doors centered between

splayed display windows, or flat display windows and clerestory windows above.

(3) Above the ground floor, there shall be a regulated “rhythm” to the facades, particularly expressed through

window treatments and other detailing.

(4) Facades oriented along streets should have canopies at approximately the first floor ceiling level, extending

over the sidewalk to 30 inches from the street curb. Where necessary for public safety, lighting under canopies

shall be provided.

covered shelters. They shall be designed to complement the designs of older facades. Styles and detailing

inappropriate to Chinatown’s period of significance, which is from the 1880s to the 1940s, shall not be permitted.

(d) Signs and Graphics.

(1) Lettering should be reminiscent of styles used from the turn of the century to the 1940s.

(2) Symbols, shapes and objects used as signs (such as barber poles) are encouraged.

(3) Use of calligraphy and/or Asian characters and symbols on signs and storefront decorations for ethnic-related

functions is also encouraged.

(4) The following sign provisions shall apply to the Chinatown special district and shall supersede the specific

district sign standards enumerated in Section 21-7.40:

(A) Not more than four business signs per ground floor establishment with building frontage may be permitted,

provided that the maximum sign area for each ground floor establishment does not exceed two square feet for

each lineal foot of building frontage of the establishment. Signs may be of the following types: hanging, marquee

fascia, or wall signs. Ground floor establishments in multistory buildings also may use one projecting sign as one

of the signs and as part of the total sign area permitted for each establishment, subject to the following additional

limitations: (i) the sign shall be located on the second floor, above the establishment, and (ii) the sign shall not

exceed 18 square feet in area. A projecting sign permitted under this paragraph shall not be deemed to be an off-

premises sign under Section 21-7.30(b).

(B) One of the following signs per building frontage of the building may be erected:

(i) One wall sign for building identification purposes (not to exceed 24 square feet in area) or for directory

purposes (not to exceed 12 square feet in area);

(ii) One ground sign, not to exceed 12 square feet in area, for building identification or directory purposes; or

(iii) One garden sign, not to exceed six square feet in area, for building identification or directory purposes.

The sign shall be counted as one of the signs permitted in paragraph (A) for each ground floor establishment, and

the sign area shall count as part of the total sign area permitted for all ground floor establishments on the building

side on which the sign is located; provided that this sentence shall not apply to building identification signs which

are in existence on October 1, 1998 and which are certified by the state historic preservation officer as authentic to

the period of the Chinatown special district. A wall sign shall not extend above the exterior wall of the building or

exceed a height of 40 feet, whichever is the lower height. Ground signs shall be limited to a maximum height of

10 feet. Notwithstanding the foregoing, no ground or garden signs shall be permitted within the historic core

precinct.

The maximum sign area for such an establishment shall be six square feet.

(D) Projecting signs shall not extend above the roof level or top of the parapet, whichever is higher; provided that

on buildings with more than two stories, the projecting signs shall not extend above the second story.

(5) Direct and indirect illumination will be encouraged and allowed for all sign types, provided that (i) garden

signs shall not be directly illuminated; (ii) for each ground floor establishment, not more than two permitted signs

shall be illuminated; and (iii) directly illuminated signs shall be neon or bulbs that are affixed to the exterior of

signs, and shall be appropriate to the period and ambiance of Chinatown. Box fluorescents are prohibited.

(6) No sign shall extend over window openings and trims, or architectural features and embellishments (e.g.,

cornices, lintels, arches, rosettes, etc.).

(7) Exceptions to these sign requirements may be permitted by the director when it can be demonstrated that

such exemptions are appropriate to the Chinatown special district.

(8) See Article 7, except Section 21-7.40, for additional sign requirements.

(e) Outdoor Lighting. Outdoor lighting that highlights and accents the building facade is encouraged. Light

fixtures shall be shielded from street view and be integrated with the architectural design of the building. Lighting

shall be subdued or shielded so as to prevent glare and light trespass onto surrounding properties and public

rights-of-way.

(Added by Ord. 99-12)

Sec. 21-9.60-13 Project classification.

(a) Refer to Table 21-9.4 to determine whether specific projects will be classified as major, minor, or exempt.

(b) Projects involving the demolition of, or the major or minor exterior repair, alteration or addition to structures

listed on Exhibit 21-9.10-A, set out at the end of this article, may be referred to the state historic preservation

officer and other appropriate agencies for review.

(Added by Ord. 99-12)

Table 21-9.4

Chinatown Special District

Project Classification

Activity/Use

Required Permit

Special Conditions

Signs

Tree removal over six inches in diameter

Detached dwellings and duplex units and accessory structures

Grading and stockpiling

Major exterior repair, alteration or addition to all structures

M/m

Major for structures listed on Exhibit 21-9.10-A

Minor exterior repair, alteration or addition to all structures, which does not adversely change the character or

appearance of the structure

m/E

Minor for structures listed on Exhibit 21-9.10-A

Exterior repainting that significantly alters the character or appearance of the structure

m/E

Minor if visible from street

Interior repairs, alterations and renovations to all structures

Demolition of structures

M/m/E

Major for structures listed on Exhibit 21-9.10-A. Exempt for accessory structures such as sheds

Fences and walls

Streetscape improvements, including street landscaping, street furniture, light fixtures, sidewalk paving, bus

shelters and other elements in public rights-of-way

Major above-grade infrastructure* improvements not covered elsewhere, including new roadways, road

widenings, new substations, new parks and significant improvements to existing parks

Minor above-grade infrastructure* improvements not covered elsewhere; all below-grade infrastructure

improvements; and all emergency and routine repair and maintenance work

New buildings not covered above

M/m

Minor for accessory structures

*Notes: “Infrastructure” includes roadways, sewer, water, electrical, gas, cable tv, telephone, drainage and

recreational facilities.

A special district permit is not required for activities and uses classified as exempt, as well as other project types

which do not fall into one of the categories listed above. These activities and uses, however, must still conform to

the applicable objectives and standards of the special district. This conformance will be determined at the building

permit application stage.

Legend—Project classification:

M = Major

m = Minor

E = Exempt

(Added by Ord. 99-12)

Sec. 21-9.70 Thomas Square/Honolulu Academy of Arts special district.

(a) Thomas Square and the Honolulu Academy of Arts are designated for preservation on the state and National

significance as the site where the sovereignty of the Hawaiian kingdom was restored to King Kamehameha III by

Great Britain. It is a focal point for the Honolulu Academy of Arts, the Neal S. Blaisdell Center and Linekona

School and has been increasingly used for recreation and special activities. The Academy of Arts has architectural

significance as an example of nationally renowned architect Bertram Goodhue’s work, and cultural significance

as a major art gallery and museum.

(b) Without special controls, high-rise buildings in the immediate vicinity will have a negative impact on the

serenity of these two landmarks. In view of this threat, and established public policies to protect important

resources, it is necessary to preserve and protect Thomas Square and the Honolulu Academy of Arts.

(Added by Ord. 99-12)

Sec. 21-9.70-1 Objectives.

The objectives of the Thomas Square/Honolulu Academy of Arts special district are as follows:

(a) Preserve and enhance Thomas Square’s formal park design by modifying construction projects which would

diminish its serene and scenic quality.

(b) Protect the serene scenic quality of the interior courts of the Honolulu Academy of Arts by prohibiting the

visual intrusion of neighboring high-rise buildings.

Honolulu Academy of Arts, and the transition from these two low-rise sites to taller developments nearby and

their location as a gateway to the Hawaii capital district.

(d) Notwithstanding the underlying zoning, the Honolulu Academy of Arts shall be treated as a principal

permitted use within the Thomas Square/Honolulu Academy of Arts special district.

(Added by Ord. 99-12)

Sec. 21-9.70-2 District boundaries.

The boundaries of the district are shown on Exhibit 21-9.11, set out at the end of this article. (Added by Ord. 99-

12)

Sec. 21-9.70-3 Significant public views.

The following are significant public views within the Thomas Square/Honolulu Academy of Arts special district.

(a) Views of Thomas Square from Ward Avenue, Victoria Street, Beretania Street, Hotel Street, Young Street,

King Street, the Neal S. Blaisdell Center and the Honolulu Academy of Arts.

(b) Views of the Honolulu Academy of Arts and the Neal S. Blaisdell Center from Thomas Square.

(Added by Ord. 99-12)

Sec. 21-9.70-4 Design controls.

Implementation of the district objectives shall consist primarily of open space requirements, building height

limitations, yard requirements, tree plantings along streets and sign controls. Specific regulations are enumerated

below.

The district shall consist of four precincts as indicated on Exhibit 21-9.11, set out at the end of this article. Special

restrictions for the precincts are as follows:

(a) Open Space. The percentage of open space shall be as required by the underlying zoning district, except for

the following precincts:

(1) One hundred percent for precinct one, Thomas Square. The intent is to maintain the existing character and

landscape elements in the square and to prohibit all permanent structures except for public rest rooms and the

enhancement and function of the landscaped square as a passive park.

(2) Fifty percent for precinct two, Honolulu Academy of Arts. The intent is to maintain a maximum amount of

open space along Beretania Street to complement and extend the landscaped qualities of Thomas Square.

(3) Sixty percent for Neal S. Blaisdell Center within precinct three. The intent is to maintain a park-like setting

for the structures of the center by maximizing landscaping on the site and extending the visual open space

qualities of Thomas Square along Ward Avenue to and including Kapiolani Boulevard.

(b) Building Heights and Setbacks.

(1) Permitted maximum heights of buildings and structures, and height setbacks shall be as indicated in Exhibits

21-9.11 and 21-9.12, set out at the end of this article.

(2) The director may exempt the following architectural features from the height regulations, provided they are

erected only to such height as is necessary to accomplish the purpose for which they serve, but in no case

exceeding 12 feet above the maximum height limit. These building elements may be exempted only if the director

finds they do not obstruct any significant views which are to be preserved, protected and enhanced and are

consistent with the intent and objectives of the Thomas Square/Honolulu Academy of Arts special district.

(A) Necessary mechanical appurtenances of the building on which they are erected, provided they are screened

from view.

(B) Necessary utilitarian features, including stairwell enclosures, ventilators and skylights.

ornamental cornices.

(3) Except for flagpoles and smokestacks, all items listed in Section 21-4.60(c) shall also be exempt from the

height provisions of this subsection.

(1) All required yards shall be landscaped and maintained with a minimum of 75 percent of the area devoted

exclusively to plant material rooted directly in the ground or permanently fixed plant containers.

(2) Street trees shall be provided in conformance with subdivision (4) of this subsection and shall be a minimum

two-inch caliper, except palms which shall have a minimum trunk height of 15 feet. Exceptions to the provisions

of this subsection to accommodate special conditions shall be reviewed and may be approved by the director.

(3) Vertical form trees shall be planted and maintained along the front yard perimeter of parking structures to

reduce the visual impact of blank walls and parked vehicles. One tree shall be planted for every 20 feet of linear

building length. Acceptable tree species include coconut palms, paperbark and eucalyptus. If there is sufficient

space, canopy form trees may be substituted. Alternatively, planter boxes with vines may be provided on the

facade of every parking level.

(4) The character and standards for major landscaping in the sidewalk area and required yards are delineated

below. All tree planting shall be in conformance with the requirements and standards shown on Exhibit 21-9.4, set

out at the end of this article, except that alternative species, especially native Hawaiian or species long present and

common to the Hawaiian islands, including flowering varieties, shall be encouraged and may be substituted in all

instances upon approval by the director.

(A) Thomas Square and the Honolulu Academy of Arts.

(i) Unless otherwise provided, all landscaping and tree planting located in, or adjacent to required yards shall be

subject to review and approval.

(ii) All new landscaping and tree planting shall preserve, enhance and complement the existing trees and

landscaping.

(B) Kinau Street and Victoria Street (from Kinau Street to H-1 Freeway).

(i) Character. Continuous planting of medium- sized canopy street trees between the sidewalk and buildings to

provide a transition of scale to taller structures.

(ii) Street tree species: Alibangbang (Bahina binata).

(iii) Maximum spacing: 25 feet on center.

(iv) Location: In the sidewalk area.

(i) Character. A major approach street to the Hawaii capital district with a continuous canopy of large trees.

Hedges, walls, fences and high plant material or shrubs near the sidewalk would not be appropriate.

(ii) Street tree species: Monkeypod (Samanea saman) or True Kou (Cordia Subcordata).

(iii) Maximum spacing: 60 feet on center.

(iv) Location: Within the required front yard.

(v) Other landscaping and landscape elements: Shall not exceed two feet in height within the first 10 feet of the

front yard, including fences and walls.

(D) Hotel Street and Young Street.

(i) Character. A formal continuation of the entry walks focusing on the fountain and banyan trees of Thomas

Square with preservation of views to and from Thomas Square.

(ii) Street tree species: Alibangbang (Bahina binata).

(iii) Maximum spacing: 25 feet on center.

(iv) Location: In the sidewalk area.

(E) South King Street (except from Ward Avenue to Victoria Street).

(i) Character. A major street of flowering trees. Other trees and landscaping should give evidence of variety to

contrast and complement the continuity of the street trees.

(ii) Street tree species: Rainbow Shower (Cassia hybrida) or Monkeypod (Samanea saman).

(iii) Maximum spacing: 30 to 50 feet on center for Rainbow Shower and 50 feet on center for Monkeypod.

(iv) Location: First five feet of required front yard.

(F) Ward Avenue (from South King Street to H-1 Freeway except for the diamond head side at Thomas Square

and the Honolulu Academy of Arts) and Victoria Street (from South King Street to Kinau Street except for the

ewa side at Thomas Square and the Honolulu Academy of Arts).

(i) Character. Large canopy trees to complement the Honolulu Academy of Arts and Thomas Square and

provide continuity of streetscape from Kapiolani Boulevard to the H-1 Freeway.

(ii) Street tree species: Royal Poinciana (Delonix regia): in combination with Monkeypod (Samanea saman)

opposite Thomas Square only.

(iii) Maximum spacing: 60 feet on center.

(iv) Location: Within the first five feet of the front yard.

(v) Other landscaping and landscape elements: Fronting Thomas Square and the Honolulu Academy of Arts

shall not exceed two feet in height within the first 10 feet of the front yard.

(G) Ward Avenue (from Kapiolani Boulevard to South King Street) and South King Street (makai side from

Ward Avenue to Victoria Street).

(i) Character. Extension of the open “palm grove” at the Neal S. Blaisdell Center with interspersed lower

canopy planting to vary scale and provide color along the street, and to provide continuity of streetscape from

Kapiolani Boulevard to the H-1 Freeway.

(ii) Street tree species: Royal Poinciana (Delonix regia), and coconut palm (Cocos nucifera).

(iii) Quantity. Three palm trees and one Royal Poinciana tree shall be provided per 100 feet of street frontage.

(iv) Location: Palm trees within the front yard and informally grouped; Royal Poinciana trees within five feet of

the front yard and interspersed with the palms. Royal Poinciana trees shall be used only on the ewa side of Ward

Avenue and along the front of the Neal S. Blaisdell Center Exhibition Hall.

(v) Other landscaping and landscape elements: Shall not exceed two feet in height except at the last five feet of

the front yard.

(H) Except as provided, all fences or walls exceeding 36 inches in height shall be set back a minimum of 18

inches along all street frontages and landscaped with vine, hedge or other approved planting on the street side(s).

(5) Any tree six inches or greater in trunk diameter shall not be removed or destroyed except as follows:

(A) The tree is not visible from any street, park or other public viewing area.

(B) Appropriate development of the site cannot be achieved without removal of the tree.

(D) The tree is dead, diseased or otherwise irretrievably damaged.

(E) The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation.

(6) Any tree removed which is visible from any street, park or other public viewing area shall be replaced by an

approved tree of minimum two-inch caliper or by alternative-approved landscaping material, unless the

replacement results in overcrowded vegetation.

(7) Where possible, trees proposed for removal shall be relocated to another area of the project site.

(d) Signs. Signs which directly front Thomas Square and/or the Honolulu Academy of Arts shall not be directly

illuminated, have moving parts, luminous paints or reflective materials. Any illumination shall be from a detached

source shielded from direct view. Box fluorescent signs shall not be allowed.

(e) Exterior Lighting. Lighting fronting Thomas Square and/or the Honolulu Academy of Arts shall recognize

the serene quality of these resources, and shall be subdued so as not to produce glare to surrounding property and

public viewing areas. Fluorescent or high intensity lamps shall not be permitted.

(Added by Ord. 99-12)

Sec. 21-9.70-5 Project classification.

Refer to Table 21-9.5 to determine whether specific projects will be classified as major, minor, or exempt. (Added

by Ord. 99-12)

Table 21-9.5

Thomas Square/Honolulu Academy of Arts Special District

Project Classification

Activity/Use

Required Permit

Special Conditions

Signs

Directly illuminated signs prohibited fronting Thomas Square

Tree removal over six inches in diameter

m/E

Minor in front yard and sidewalk area only

Detached dwellings and duplex units and accessory structures

Grading and stockpiling

Major exterior modification, alteration, repair or addition to Thomas Square or Honolulu Academy of Arts

Major exterior repair, alteration or addition to all structures except Thomas Square or Honolulu Academy of Arts

Minor exterior repair, alteration or addition to all structures, which does not adversely change the character or

appearance of the structure

m/E

Minor only when involving Thomas Square or Honolulu Academy of Arts

Interior repairs, alterations and renovations to all structures

Demolition of historic structures

Demolition of nonhistoric structures

Fences and walls

Streetscape improvements, including street furniture, light fixtures, sidewalk paving, bus shelters and other

elements in public rights-of-way

Major above-grade infrastructure* improvements not covered elsewhere, including new roadways, road

widenings, new substations, new parks and significant improvements to existing parks

Minor above-grade infrastructure* improvements not covered elsewhere; all below-grade infrastructure

improvements; and all emergency and routine repair and maintenance work

New buildings not covered above

*Notes: “Infrastructure” includes roadways, sewer, water, electrical, gas, cable tv, telephone, drainage and

recreational facilities.

A special district permit is not required for activities and uses classified as exempt, as well as other project types

which do not fall into one of the categories listed above. These activities and uses, however, must still conform to

the applicable objectives and standards of the special district. This conformance will be determined at the building

permit application stage.

Legend—Project classification:

M = Major

m = Minor

E = Exempt

(Added by Ord. 99-12)

Sec. 21-9.80 Waikiki special district—Findings.

(a) To the world, Waikiki is a recognized symbol of Hawaii; and the allure of Waikiki continues, serving as the

anchor for the state’s tourist industry. In addition to its function as a major world tourist destination, Waikiki

serves as a vital employment center and as a home for thousands of full-time residents.

(b) The creation of the Waikiki special district was largely a response to the rapid development of the 1960s and

1970s, and the changes produced by that development. Now, Waikiki can be described as a mature resort plant

and residential locale. Waikiki needs to maintain its place as one of the world’s premier resorts in an international

market; yet, the sense of place that makes Waikiki unique needs to be retained and enhanced.

to guide carefully Waikiki’s future and protect its unique Hawaiian identity.

(Added by Ord. 99-12)

Sec. 21-9.80-1 Waikiki special district—Objectives.

The objectives of the Waikiki special district are to:

(a) Promote a Hawaiian sense of place at every opportunity.

(b) Guide development and redevelopment in Waikiki with due consideration to optimum community benefits.

These shall include the preservation, restoration, maintenance, enhancement and creation of natural, recreational,

educational, historic, cultural, community and scenic resources.

(d) Provide for a variety of compatible land uses which promote the unique character of Waikiki, emphasizing

mixed uses.

(e) Support efficient use of multimodal transportation in Waikiki, reflecting the needs of Waikiki workers,

businesses, residents, and tourists. Encourage the use of public transit rather than the private automobile, and

assist in the efficient flow of traffic.

(f) Provide for the ability to renovate and redevelop existing structures which otherwise might experience

deterioration. Waikiki is a mature, concentrated urban area with a large number of nonconforming uses and

structures. The zoning requirements of this special district should not, therefore, function as barriers to desirable

restoration and redevelopment lest the physical decline of structures in Waikiki jeopardize the desire to have a

healthy, vibrant, attractive and well-designed visitor destination.

(g) Enable the city to address concerns that development maintain Waikiki’s capacity to support adequately,

accommodate comfortably, and enhance the variety of worker, resident and visitor needs.

(h) Provide opportunities for creative development capable of substantially contributing to rejuvenation and

revitalization in the special district, and able to facilitate the desired character of Waikiki for areas susceptible to

change.

(i) Encourage architectural features in building design which complement Hawaii’s tropical climate and

ambience, while respecting Waikiki’s urbanized setting. The provision of building elements such as open lobbies,

lanais, and sunshade devices is encouraged.

(j) Maintain, and improve where possible: mauka views from public viewing areas in Waikiki, especially from

public streets; and a visual relationship with the ocean, as experienced from Kalakaua Avenue, Kalia Road and

Ala Moana Boulevard. In addition, improve pedestrian access, both perpendicular and lateral, to the beach and the

Ala Wai Canal.

(k) Maintain a substantial view of Diamond Head from the Punchbowl lookouts by controlling building heights

in Waikiki that would impinge on this view corridor.

(l) Emphasize a pedestrian-orientation in Waikiki. Acknowledge, enhance and promote the pedestrian

experience to benefit both commercial establishments and the community as a whole. Walkway systems shall be

complemented by adjacent landscaping, open spaces, entryways, inviting uses at the ground level, street furniture,

and human-scaled architectural details. Where appropriate, open spaces should be actively utilized to promote the

pedestrian experience.

(m) Provide people-oriented, interactive, landscaped open spaces to offset the high-density urban ambience.

Open spaces are intended to serve a variety of objectives including visual relief, pedestrian orientation, social

interaction, and fundamentally to promote a sense of “Hawaiianness” within the district. Open spaces,

pedestrian pathways and other ground level features should be generously supplemented with landscaping

and

LAND USE ORDINANCE 21-9.80-1

water features to enhance their value, contribute to a lush, tropical setting and promote a Hawaiian sense of

place.

(n) Support a complementary relationship between Waikiki and the convention center.

(Added by Ord. 99-12)

Sec. 21-9.80-2 District boundaries and land use control system.

(a) The district is identified on Exhibit 21-9.13.

(b) Within the district there are four types of zoning precincts and one type of zoning subprecinct, the boundaries

of which are indicated on Exhibit 21-9.13, set out at the end of this article.

(Added by Ord. 99-12)

Sec. 21-9.80-3 Prominent view corridors and historic properties.

(a) The following streets and locations identify significant public views of Waikiki landmarks, the ocean, and

the mountains from public vantage points:

(1) Intermittent ocean views from Kalia Road across Fort DeRussy Park and from the Ala Wai Bridge on

Ala Moana Boulevard;

(2) Continuous ocean views along Kalakaua Avenue, from Kuhio Beach to Kapahulu Avenue;

(3) Ocean views from Ala Wai Yacht Harbor;

(4) Ocean views from Kuhio Beach Park;

(5) Views of Ala Wai Yacht Harbor from Ala Moana Park (Magic Island Park);

(6) Mauka views from the portions of the following streets mauka of Kuhio Avenue:

(A) Nohonani Street;

(B) Nahua Street;

(D) Kaiolu Street;

(E) Lewers Street;

(F) Walina Street; and

(G) Seaside Avenue;

and

(7) View of Diamond Head from Ala Wai Boulevard between McCully Street and Kapahulu Avenue.

(b) Development should preserve, maintain and enhance these views whenever possible. Additional yard area

and spacing between buildings may be required by the director, in connection with the issuance of special

district permits, and the council or the director, in connection with planned development-resort and planned

development-apartment approvals pursuant to Section 21-2.110-2, to protect these significant views.

permit applications involving buildings over 50 years old shall be submitted to the state department of land

and natural resources for review and comments.

(Added by Ord. 99-12; Am. Ord. 17-40)

Sec. 21-9.80-4 General requirements and design controls.

The design of buildings and structures in the Waikiki special district should always reflect a Hawaiian sense

of place, as outlined in the design controls of this section. These design controls shall be supplemented by a

design guidebook prepared and made available to the public by the director. The design guidebook shall be used

as a principal tool by the director to express those various planning and architectural design elements which

demonstrate consistency with the intent, objectives, guidelines, and standards of the Waikiki special district. The

director shall submit the design guidebook and any revisions thereof to the council for review and comment prior

to making the guidebook and any revisions available to the public. The following requirements shall be applied in

all precincts within the district. Where the following requirements are silent, the applicable provisions of this

chapter shall apply.

(a) Uses and Structures Allowed in Required Yards and Setbacks. The provisions of Section 21-4.30 shall apply

except as provided by this subsection. No business activity of any kind, including advertising, promotion,

solicitation, merchandising or distribution of commercial handbills, or structures or any other use or activity,

21-9.80-4 REVISED ORDINANCES OF HONOLULU

except as provided by this subsection, shall be located or carried out within any required yard, street or

building setback area, except those areas occupied by enclosed nonconforming buildings. The following may

be allowed in required yards and setbacks, and when used as provided by this subsection shall not be

considered to change a yard’s status as open space:

(1) Newspaper sales and distribution.

(2) Garden signs.

(3) Porte cocheres no less than five feet back from the property line or road widening setback.

(4) Roof eaves, awnings (including retractable awnings) and other sunshade devices not more than 42

inches vertically or horizontally beyond the building face, except as otherwise provided by this

subsection. On buildings over 60 feet in height, roof eaves may extend more than 42 inches into a

required yard, street setback or height setback area if the resulting roof form is integral to a cohesive,

coherent design character for the structure. In no case, however, shall such extension exceed one-half

the width of the required yard or height setback.

(5) Outdoor dining areas accessory to permitted eating establishments in required front yards, subject to the

following:

(A) A planter or hedge of not more than 30 inches in height may be provided to define the perimeter of

the outdoor dining area. A decorative railing may be permitted in lieu of a planter or hedge subject

to the approval of the director.

(B) An outdoor dining area shall be no less than five feet from any property line.

When umbrellas are used, they shall not be counted against open space calculations.

(D) Up to 100 percent of the front yard may be used as an accessory outdoor dining area, subject to an

acceptable design. The remainder of the front yard shall be landscaped except for necessary access

drives and walkways, and where lei stands are used as permitted under subdivision (6).

(E) Retractable awnings directly associated with an outdoor dining area may extend from the building

face into the front yard.

(F) Sidewalk improvements such as, but not limited to, street trees, paving and landscaping, may be

required.

(G) Outdoor dining areas shall not be used after 11 p.m. and before 7 a.m.

(H) No dancing, entertainment, or live or recorded music shall be permitted in outdoor dining areas,

provided that strolling musicians using nonamplified acoustic stringed instruments or traditional

Hawaiian wind instruments shall be permitted to perform no later than 10 p.m. when the dining

areas are in use.

(I) The requirements under paragraphs (A) through (F) may be modified, subject to a major or minor

special district permit, as required by Table 21-9.6(C), to a reasonable extent as may be necessary

and appropriate to adequately accommodate outdoor dining areas associated with structures that are

nonconforming due to required yards, landscaping and/or open spaces.

(6) Lei making and selling in required front yards on zoning lots where retail establishments are a permitted

principal use, provided the following standards are met:

(A) The activity shall be no less than five feet from any property line.

(B) No more than 10 percent of the front yard may be used for lei stands. The remainder of the front

yard shall be landscaped except for necessary access drives or walkways, and where outdoor dining

is used as permitted under subdivision (5).

(D) The operator of a lei stand shall provide for the concealed disposal of trash associated with the use.

(7) Vending carts in required front yards on zoning lots where retail establishments are a permitted

principal use, provided the following standards are met:

(A) The front yard shall conform to the applicable front yard standard set forth in Table 21-9.6(B).

(B) Only food, nonalcoholic drinks and fresh cut or picked flowers may be sold. Food consistent with a

Hawaiian sense of place shall be encouraged.

LAND USE ORDINANCE 21-9.80-4

(D) One cart per front yard per zoning lot or one cart per front yard per 100 feet of lot frontage shall be

permitted, whichever is greater. When computation of the total number of permitted carts results in

a fractional number with a major fraction (i.e., 0.5 or greater), the number of carts permitted shall

be the next highest whole number.

(E) Permitted signs shall be in accordance with Article 7.

(F) The cart operator shall provide for the concealed disposal of trash associated with the use.

(8) Walls and fences for dwelling uses, other than nonconforming hotels and/or transient vacation units, in

the apartment precinct, up to a maximum height of six feet, provided the wall or fence shall be set back

not less than 24 inches from the front property line and shall be acceptably screened with planting

material from the street side. The wall or fence shall consist of an open material, preferably wrought

iron or lattice work, but not chain link. Solid walls are discouraged, but may be permitted when

constructed of an acceptable material, such as wood, moss rock or stucco-finished masonry, set back at

least five feet from the front property line and acceptably screened with planting material from the street

side.

(9) Interactive informational displays, provided the following standards are met:

(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.

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.

(b) Curb Cuts. Curb cuts for driveway openings and sight distances at all intersections shall comply with the

design standards of the department of transportation services unless modified by the city council. The

number of curb cuts should be kept to a minimum in order to enhance pedestrian movement along sidewalks.

(1) General Guidelines. All structures, open spaces, landscape elements and other improvements within the

district must conform to the guidelines specified on the urban design controls marked Exhibit 21-9.15,

set out at the end of this article, the design standards contained in this section and other design

guidelines promulgated by the director to further define and implement these standards.

(2) Yards. Yard requirements will be as enumerated under development standards for the appropriate

zoning precinct under Table 21-9.6(B).

(3) Car Rental Establishments. Car rental establishments must comply with the following requirements:

(A) A minimum side and rear yard of five feet will be required with a solid fence or wall at least six

feet in height on the property line with the required yard substantially landscaped with planting and

maintained.

(B) The car rental establishment must be illuminated so that no unshielded, unreflected, or undiffused

light source is visible from any public area or private property immediately adjacent to the

establishment.

(D) No water produced by activities on the zoning lot will be permitted to fall upon or drain across

public streets or sidewalks.

(4) Utility Installations. Except for antennas, utility installations must be designed and installed in an

aesthetic manner so as to hide or screen wires and equipment completely from view, including views

from above; 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 from view at ground level

without adversely affecting operational capabilities.

21-9.80-4 REVISED ORDINANCES OF HONOLULU

(5) Building Materials. Selection and use of building materials should contribute to a Hawaiian sense of

place through the use of subdued and natural materials, such as plaster finishes, textured concrete, stone,

wood and limited use of color-coated metal. Freestanding walls and fences should be composed of moss

rock, stucco-finished masonry or architectural concrete whenever possible. Colors and finishes should

be characterized as being absorptive rather than reflective. The use of shiny metal or reflective surfaces,

including paints and smooth or plastic-like surfaces should be avoided.

(6) Building Scale, Features and Articulation. Project designs should provide a human scale at ground level.

Buildings composed of stepped forms are preferred. Articulated facades are encouraged to break up

building bulk. Use of the following building features is encouraged: sunshades; canopies; eaves; lanais;

hip-form roofs for low-rise, freestanding buildings; recessed windows; projecting eyebrows; and

architectural elements that promote a Hawaiian sense of place.

(7) Exterior Building Colors. Project colors should contribute to a tropical resort destination. They should

complement or blend with surrounding colors, rather than call attention to the structure. Principal colors,

particularly for high-rise towers, should be of neutral tones with more vibrant colors relegated to accent

work. Highly reflective colors are not permitted.

(8) Ground Level Features.

(A) Within a development, attention should be given to pedestrian-oriented ground level features. A

close indoor-outdoor relationship should be promoted. Design priority should include the visual

links through a development connecting the sidewalk and other public areas with on-site open

spaces, mountains and the ocean.

(B) Building facades at the ground level along open spaces and major streets (including Kalakaua

Avenue, Kuhio Avenue, Kapahulu Avenue, Ala Wai Boulevard and Ala Moana Boulevard) must

be devoted to open lobbies, arcade entrances, and display windows, and to outdoor dining where it

is permitted.

least one-half of the total length of the building facade along streets must be devoted to open

lobbies, arcade entrances, display windows and outdoor dining where permitted.

(D) The street facades of ground level hotel lobbies should include wide, open entryways. Ventilation

in these lobbies should primarily depend on natural air circulation.

(E) Where buildings are situated between a street and the shoreline or between a street and open

spaces, ground level lobbies, arcades and pedestrian ways should be provided to create visual links

between the street and the shoreline or open space.

(F) Where blank walls must front a street or open space, they must be screened with heavy landscaping

or appropriately articulated exterior surfaces.

(G) Ground level parking facilities should not be located along any street, park, beachfront, public

sidewalk or pedestrian way. Where the site plan precludes any other location, the garage may front

these areas provided landscaping is provided for screening. Principal landscaping must include

trees, and secondary landscape elements may include tall hedges and earth berms.

(H) For purposes of the Waikiki special district, an "open lobby" means a ground-floor lobby that is not

enclosed along the entire length of at least two of its sides or 50 percent of its perimeter, whichever

is greater, and that provides adequate breezeways and views to interior or prominent open spaces,

intersecting streets, gateways or significant pedestrian ways.

(9) Outdoor Lighting. Outdoor lighting must be subdued or shielded so as to prevent glare and light

spillage onto surrounding properties and public rights-of-way. Outdoor lighting cannot be used to

attract attention to structures, uses, or activities; provided, however, that indirect illumination that is

integrated with the architectural design of a building may be allowed when it is utilized to highlight and

accentuate exterior building facades, and architectural or ground level features. Rotating, revolving,

moving, flashing and flickering lights cannot be visible to the public, except lighting installed by a

public agency for traffic safety purposes or temporary lighting related to holiday displays.

(d) Planned Development-Resort (PD-R) and Planned Development-Apartment (PD-A) Projects. The purpose of

the PD-R and PD-A options is to provide opportunities for creative redevelopment not possible under a strict

adherence to the development standards of the special district. Flexibility may be provided for project

density,

LAND USE ORDINANCE 21-9.80-4

height, precinct transitional height setbacks, yards, open space and landscaping when timely, demonstrable

contributions benefiting the community and the stability, function, and overall ambiance and appearance of

Waikiki are produced.

Reflective of the significance of the flexibility represented by this option, it is appropriate to approve projects

conceptually by legislative review and approval prior to more detailed review and approval by the

department.

PD-R and PD-A projects will be subject to the following:

(1) PD-R and PD-A Applicability.

(A) PD-R projects are only permitted in the resort mixed use precinct, and PD-A projects are only

permitted in the apartment precinct.

(B) The minimum project size is one acre. Multiple lots may be part of a single PD-R or PD-A project

if the owners, lessees, developers or other designated representatives, including but not limited to a

board or association of homeowners, condominium owners, timeshare owners, or cooperative

housing owners, in lieu of individual owners, consent. Lots may be added to or removed from

existing PD-R or PD-A projects upon the application of the owners, lessees, developers or other

designated representatives of the lots to be added or removed with the written consent of the

original applicant for the existing PD-R or PD-A project, or its successor. Applications for the

addition or removal of lots shall be processed in accordance with other applicable regulations

contained in this Chapter. Lots to be removed shall be able to comply on their own with applicable

zoning regulations as a separate project. Multiple lots in a single project must be contiguous,

provided that lots that are not contiguous may be part of a single project if all of the following

conditions are met:

(i) The lots are not contiguous solely because they are separated by a street or right-of-way that is

not a major street as shown on Exhibit 21-9.15; and

(ii) Each noncontiguous portion of the project, whether comprised of a single lot or multiple

contiguous lots, must have a minimum area of 20,000 square feet, but subject to the minimum

overall project size of one acre.

When a project consists of noncontiguous lots as provided above, bridges or other design features

connecting the separated lots are strongly encouraged, to unify the project site. Multiple lots that

are part of an approved single PD-R or PD-A project will be considered and treated as one zoning

lot for purposes of the project, provided that no conditional use permit-minor for a joint

development will be required therefor.

(2) PD-R and PD-A Use Regulations. Permitted uses and structures will be as enumerated for the

underlying precinct in Table 21-9.6(A).

(3) PD-R and PD-A Site Development and Design Standards. The standards set forth by this subdivision are

general requirements for PD-R and PD-A projects. When, in the paragraphs below, the standards are

stated to be subject to modification or reduction, the modification or reduction must be for the purpose

of accomplishing a project design consistent with the goals and objectives of the Waikiki special district

and this subsection.

(A) In PD-R projects, the maximum project floor area cannot exceed an FAR of 4.0, except:

(i) If the existing FAR is greater than 3.33, then an increase in maximum density by up to 20

percent may be allowed, up to but not exceeding a maximum FAR of 5.0; or

(ii) If the existing FAR is greater than 5.0, then the existing FAR may be the maximum density.

In computing project floor area, the FAR may be applied to the zoning lot area, plus one-half the

abutting right-of-way area of any public street or alley. Floor area devoted to acceptable public

uses within the project, such as a museum or performance area (e.g., stage or rehearsal area), may

be exempt from floor area calculations.

The foregoing maximum densities may be reduced.

(B) In PD-A projects, the maximum project floor area cannot exceed an FAR of 3.0, except:

(i) If the existing FAR is greater than 3.0, then an increase in maximum density by up to 20

percent may be allowed, up to but not exceeding a maximum FAR of 4.0; or

(ii) If the existing FAR is greater than 4.0, then the existing FAR may be the maximum density.

In computing project floor area, the FAR may be applied to the zoning lot area, plus one-half the

abutting right-of-way area of any public street or alley. Floor area devoted to acceptable public

uses within the project, such as a museum or performance area (e.g., stage or rehearsal area), may

be exempt from floor area calculations.

The foregoing maximum densities may be reduced.

21-9.80-4 REVISED ORDINANCES OF HONOLULU

(D) The precinct transitional height setbacks will be as set forth in Table 21-9.6(B), but these standards

may be modified.

(E) The minimum for yards is 15 feet, but this standard may be modified.

(F) The minimum open space is at least 50 percent of the zoning lot area, but this standard may be

modified when beneficial public open spaces and related amenities are provided.

(G) The landscaping requirements will be as set forth in subsection (f), but these standards may be

modified.

(H) Except as otherwise provided in this subdivision, all development and design standards applicable

to the precinct in which the project is located will apply.

(4) Approval of PD-R or PD-A Projects.

(A) Application Requirements. An application for approval of a PD-R or PD-A project must contain:

(i) A project name;

(ii) A location map showing the project in relation to the surrounding area;

(iii) A site plan showing the locations of buildings and other major structures, proposed open space

and landscaping system, and other major activities. The site plan must also note property lines,

the shoreline, shoreline setback lines, beach access and other public and private access, when

applicable;

(iv) A narrative description of the overall development and design concept; the general mix of

uses; the basic form and number of structures; the estimated number of proposed hotel and

other dwelling or lodging units; general building height and density; how the project achieves

and positively contributes to a Hawaiian sense of place; proposed public amenities,

development of open space and landscaping; how the project achieves a pedestrian

orientation; and potential impacts on, but not necessarily limited to, traffic circulation, parking

and loading, security, sewers, potable water, and public utilities;

(v) An open space plan and integrated pedestrian circulation system;

(vi) A narrative explanation of the project’s architectural design relating the various design

elements to a Hawaiian sense of place and the requirements of the Waikiki special district; and

(vii) A parking and loading management plan.

(B) Procedures. Applications for approval of PD-R or PD-A projects will be processed in accordance

with Section 21-2.110-2.

conceptual plan for the project.

(D) Guidelines for Review and Approval of the Conceptual Plan for a Project. Prior to its approval of a

conceptual plan for a PD-R or PD-A project, the council shall find that the project concept, as a

unified plan, is in the general interest of the public, and that:

(i) Requested project boundaries and design flexibility with respect to standards relating to

density (floor area), height, precinct transitional height setbacks, yards, open space and

landscaping are consistent with the Waikiki special district objectives and the provisions of

this subsection;

(ii) Requested flexibility with respect to standards relating to density (floor area), height, precinct

transitional height setbacks, yards, open space, and landscaping is commensurate with the

public amenities proposed; and

(iii) When applicable, there is no conflict with any visitor unit limits for Waikiki as set forth under

Chapter 24.

(E) Deadline for Obtaining Building Permit for Project.

(i) A council resolution of approval for a conceptual plan for a PD-R or PD-A project must

establish a deadline within which the building permit for the project must be obtained. For

multiphase projects, deadlines must be established for obtaining building permits for each

phase of the project. The resolution must provide that the failure to obtain any building permit

within the prescribed period will render null and void the council's approval of the conceptual

plan and all approvals issued thereunder; provided that in multiphase projects, any prior phase

that has complied with the deadline applicable to that phase will not be affected. A revocation

of a building permit pursuant to Section 18-5.4 after the deadline will be deemed a failure to

comply with the deadline.

LAND USE ORDINANCE 21-9.80-4

(ii) The resolution must further provide that a deadline may be extended as follows: The director

may extend the deadline if the applicant demonstrates good cause, but the deadline cannot be

extended beyond one year from the initial deadline without the approval of the council, which

may grant or deny the approval in its complete discretion. If the applicant requests an

extension beyond one year from the initial deadline and the director finds that the applicant

has demonstrated good cause for the extension, the director shall prepare and submit to the

council a report on the proposed extension, which report must include the director's findings

and recommendations thereon and a proposed resolution approving the extension. The council

may approve the proposed extension or an extension for a shorter or longer period, or deny the

proposed extension, by resolution. If the council fails to take final action on the proposed

extension within the first to occur of:

(aa) 60 days after the receipt of the director's report; or

(bb) the applicant's then-existing deadline for obtaining a building permit, the extension will

be deemed denied. The director shall notify the council in writing of any extensions

granted by the director that do not require council approval.

(F) Approval by Director. Upon council approval of the conceptual plan for the PD-R or PD-A

project, the application for the project, as approved in concept by the council, will continue to be

processed by the director as provided under Section 21-2.110-2. Additional documentation may be

required by the director as necessary. The following criteria will be used by the director to review

applications:

(i) The project must conform to the approved conceptual plan and any conditions established by

the council in its resolution of approval;

(ii) The project also must implement the objectives, guidelines, and standards of the Waikiki

special district and this subsection;

(iii) The project must exhibit a Hawaiian sense of place. The document "Restoring Hawaiianness

to Waikiki" (July 1994) and the supplemental design guidebook to be prepared by the director

should be consulted by applicants as a guide for the types of features that may fulfill this

requirement;

(iv) The project must demonstrate a high level of compliance with the design guidelines of this

special district and this subsection;

(v) The project must contribute significantly to the overall desired urban design of Waikiki;

(vi) The project must reflect appropriate "contextual architecture";

(vii) The project must demonstrate a pedestrian system, open spaces, and landscaping and water

features (such as water gardens and ponds) that must be integrated and prominently

conspicuous throughout the project site at ground level;

(viii) The open space plan must provide useable open spaces, green spaces, water features,

public places, and other related amenities that reflect a strong appreciation for the tropical

environmental setting reflective of Hawaii;

(ix) The system of proposed pedestrian elements must contribute to a strong pedestrian orientation

that must be integrated into the overall design of the project, and must enhance the pedestrian

experience between the project and surrounding Waikiki areas; and

(x) The parking management plan must minimize impacts upon public streets where possible,

must enhance local traffic circulation patterns, and must make appropriate accommodations

for all anticipated parking and loading demands. The approved parking management plan will

constitute the off-street parking and loading requirements for the project.

(e) Nonconformity. The provisions of Section 21-4.110, et seq., shall apply, except as provided in this

subsection.

(1) A nonconforming use and/or structure may be replaced by a new structure with up to the maximum

permitted floor area of the precinct for similar uses or existing floor area, whichever is greater, provided

all other special district standards are met. To achieve this, the following special district standards may

be modified, subject to a major special district permit approval:

(A) Open Space. Minimum required open space may be adjusted, as follows:

(i) For each square foot of public open space provided on the lot, the open space may be reduced

by one square foot. If provided, front yards may be included as public open space; and

21-9.80-4 REVISED ORDINANCES OF HONOLULU

(ii) For every two square feet of arcade space provided on the lot, the open space may be reduced

by one square foot; and

(iii) For every four square feet of open lobby space on the lot, the open space may be reduced by

one square foot.

(iv) In the event that the cumulative area of the required yards exceeds the minimum open space

requirement for the lot, the resultant cumulative yards may be considered the minimum open

space requirement for the lot.

In no event shall the total open space be less than (aa) 25 percent of the lot area or (bb) the

cumulative area of the required yards, whichever is greater. In addition, the open space

arrangement shall not obstruct or diminish any significant views which are to be preserved,

protected or enhanced; shall not obstruct, prevent or interfere with any identified gateways and/or

pedestrian ways; and shall be consistent with the intent and objectives of the Waikiki special

district.

(B) Off-street Parking. Parking and loading requirements may be adjusted, subject to the submission of

a parking management plan that shall be reviewed and approved by the director.

height of the existing structure may be retained, provided the new structure or structures:

(i) Do not obstruct or diminish any significant views which are to be preserved, protected and

enhanced; and/or

(ii) Do not obstruct, prevent or interfere with an identified gateway and/or pedestrian way; and

(iii) Are consistent with the intent and objectives of the Waikiki special district.

(2) In case of the accidental destruction of a nonconforming structure devoted to a conforming use which

contains multifamily dwelling units, it may be restored to its original condition in accordance with

Section 21-4.110.

(3) Nonconforming uses shall not be limited to “ordinary repairs” or subject to value limits on repairs or

renovation work performed. Exterior repairs and renovations which will not modify the arrangement of

buildings on a zoning lot may be permitted, provided all special district standards are met.

(4) Elements of nonconforming structures, including but not limited to, signs, menu displays, awnings and

building facades may be renovated, reconfigured, or replaced, provided the work:

(A) Results in a reduction of the nonconformity;

(B) Is an improvement over the existing condition of the structure;

(D) Does not increase floor area.

(5) The floor area of a structure which already meets or exceeds maximum permitted density may be

increased to replace or retrofit electrical or mechanical equipment, utilitarian spaces, or improvements

specifically required to comply with federal mandates such as the Americans with Disabilities Act

(ADA) or National Environmental Policy Act (NEPA), provided:

(A) The increase in floor area is relatively insignificant in relation to the existing structure;

(B) Adequate screening of building equipment or machinery is provided when necessary to protect the

design intents of the special district;

(D) Other than for dwelling units, existing on-site parking spaces may be removed, provided:

(i) There are no feasible alternatives to the location of the equipment or utility room; and

(ii) The number of off-street parking spaces removed is less than (aa) five percent of the total

number of existing spaces, if the total number of existing spaces is 100 or less; or (bb) three

percent of the total number of existing spaces, if the total number of existing spaces is more

than 100.

(6) Notwithstanding any ordinance to the contrary, nonconforming hotel units may be time sharing units,

subject to applicable state law.

(7) Unless voluntarily abandoned, nonconforming uses which have been temporarily discontinued for

purposes of redevelopment and/or renovation, as permitted by this subsection, shall not otherwise be

subject to the discontinuation of use provisions enumerated in Section 21-4.110(c)(2).

(f) Landscaping.

(1) Any tree six inches or greater in trunk diameter shall not be removed or destroyed except as follows:

(A) The tree is not visible from any street, park or other public viewing area.

(B) Appropriate development of the site cannot be achieved without removal of the tree.

LAND USE ORDINANCE 21-9.80-4

(D) The tree is dead, diseased or otherwise irretrievably damaged.

(E) The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation.

(2) Any tree removed which is visible from any street, park or other public viewing area shall be replaced

by an approved tree of a minimum two-inch caliper, except palms which shall have a minimum trunk

height of 15 feet, or by alternative approved landscaping material, unless the replacement results in

overcrowded vegetation. Larger replacement trees may be required depending on the size of the trees

removed.

(3) Where possible, trees proposed for removal shall be relocated to another area of the project site.

(4) Parking structures shall be landscaped. Rooftop parking areas shall also be landscaped wherever they

are visible to the public.

(5) Landscaped screening shall be required to prevent undesirable vistas and sight lines, and to reduce the

visual impact of blank walls and parked vehicles. Spacing and other design elements shall be

determined by species, plant size and mix of plant material.

(6) Whenever landscaping is required, the use of fragrant, lush, tropical vegetation and native plant species

is encouraged.

(7) All fences and walls exceeding 36 inches in height, except for moss rock walls, shall be landscaped with

vine or hedge planting, or other approved vegetation on the street side.

(8) All landscaped areas shall include an adequate irrigation system.

(g) Height Regulations.

(1) Rooftop Height Exemption. The director may exempt necessary mechanical appurtenances, and

utilitarian and architectural features from the height regulations of the special district, provided they are

erected only to such height as is necessary to accomplish the purpose they serve, but in no case

exceeding 18 feet above the maximum height limit for roof forms and 12 feet above the maximum

height limit for all other appurtenances and features. These building elements may be exempted only if

the director finds they do not obstruct any significant views which are to be preserved, protected and

enhanced and are consistent with the intent and objectives of the Waikiki special district. The design of

roof treatment shall be attractive, contextual and an integral part of the building’s design scheme.

Except for flagpoles and smokestacks, all items listed in Section 21-4.60(c) shall also be exempt from

the height provision of this subsection.

(2) Coastal Height Setbacks. In addition to the above limits, there is a need to step back tall buildings from

the shoreline to maximize public safety and the sense of open space and public enjoyment associated

with coastal resources. Accordingly, the following minimum setbacks shall apply to all zoning lots

along the shoreline:

(A) There shall be a building height setback of 100 feet in which no structure shall be permitted. This

setback shall be measured from the certified shoreline; and

(B) Beyond the 100-foot line there shall be a building height setback of 1:1 (45 degrees) measured

from the certified shoreline. (See Exhibit 21-9.15.)

(3) The council by resolution may approve a building that exceeds the building height limits established in

Exhibit 21-9.15 and on the zoning map, provided that the council determines that the building with the

added height would not be visible within the view cones from the Punchbowl lookouts towards

Diamond Head and the horizon line of the ocean or from the Kalakaua Avenue frontage of Fort

DeRussy towards the slopes and ridgeline of the Koolau Range, and the building does not exceed a

height of 350 feet.

(h) Parking. Off-street parking shall be provided in accordance with Article 6 and Table 21-6.3. Notwithstanding

the foregoing, ground floor and basement uses, other than dwelling uses, and retail establishments and eating

establishments on lots less than 10,000 square feet in area, in the Waikiki special district shall be exempt

from off-street parking requirements.

(i) Vending Carts. Outdoor vending carts located at ground level, except for those permitted in required yards,

shall be generally screened from view to the general public from any street, sidewalk or public space by

landscaping or a wall or fence no less than 42 inches in height, which shall be located at the front property

line.

(Added by Ord. 99-12; Am. Ord. 01-66, 03-38, 10-19, 11-30, 17-40, 18-19)

Figure 21-9.1 REVISED ORDINANCES OF HONOLULU

Figure 21-9.1

FRONT YARD – WAIKIKI

No Front Yard Averaging Front Yard Averaging (A≤B)

(Added by Ord. 03-38)

Sec. 21-9.80-5 Apartment precinct.

(a) Permitted Uses. Within the apartment precinct, including the apartment mixed use subprecinct, permitted

uses and structures shall be as enumerated in Table 21-9.6(A).

(b) Development Standards. Uses and structures within the apartment precinct and the apartment mixed use

subprecinct shall conform to the development standards enumerated in Table 21-9.6(B).

(1) Commercial Use Location Within the Apartment Mixed Use Subprecinct. Any of the permitted uses

designated in Table 21-9.6(A) as a principal use only within the apartment mixed use subprecinct, either

occurring as a single use on a zoning lot or in combination with other uses, shall be limited to the

basement, ground floor or second floor of a building.

(2) Transitional Height Setbacks. For any portion of a structure above 40 feet in height, additional front,

side and rear height setbacks equal to one foot for each 10 feet in height, or fraction thereof, shall be

provided. Within the height setback, buildings with graduated, stepped forms shall be encouraged (see

Figure 21-9.2).

(d) Additional Use Standards. Utility installations, Type A, when involving transmitting antennas, shall be

fenced or otherwise restrict public access within the area exposed to a power density of 0.1 milliwatt/cm

(Added by Ord. 99-12; Am. Ord. 03-38)

Figure 21-9.2

TRANSITIONAL HEIGHT SETBACK – WAIKIKI

(Added by Ord. 03-38)

LAND USE ORDINANCE 21-9.80-6

Sec. 21-9.80-6 Resort mixed use precinct.

(a) Permitted Uses. Within the resort mixed use precinct, permitted uses and structures shall be as enumerated in

Table 21-9.6(A).

(b) Development Standards. Uses and structures within the resort mixed use precinct shall conform to the

development standards enumerated in Table 21-9.6(B).

(1) Floor Area Bonus.

(A) For each square foot of public open space provided, exclusive of required yards, 10 square feet of

floor area may be added;

(B) For each square foot of open space devoted to pedestrian use and landscape area at ground level

provided, exclusive of required yards, five square feet of floor area may be added;

area may be added; and

(D) For each square foot of rooftop landscaped area provided, one square foot of floor area may be

added.

(2) Transitional Height Setbacks. For any portion of a structure above 40 feet in height, additional front,

side and rear height setbacks equal to one foot for each 10 feet in height, or fraction thereof, shall be

provided. Within the height setback, buildings with graduated, stepped forms shall be encouraged (see

Figure 21-9.2).

(d) Additional Use Standards. Utility installations, Type A, when involving transmitting antennas, shall be

fenced or otherwise restrict public access within the area exposed to a power density of 0.1 milliwatt/cm

(Added by Ord. 99-12; Am. Ord. 03-38, 11-30)

(Sec. 21-9.80-7 Resort commercial precinct. Repealed by Ord. 11-30.)

Sec. 21-9.80-7 Reserved.

Sec. 21-9.80-8 Public precinct.

(a) Permitted Uses. Within the public precinct, permitted uses and structures shall be as enumerated in Table 21-

9.6(A). Additionally:

(1) In the public precinct, public uses and structures may include accessory activities operated by private

lessees under supervision of a public agency purely to fulfill a governmental function, activity or service

for public benefit and in accordance with public policy; and

(2) All structures within the public precinct shall comply with the guidelines established by the urban

design controls marked Exhibit 21-9.15, set out at the end of this article.

(b) Development Standards. Uses and structures within the public precinct shall conform to the development

standards enumerated in Table 21-9.6(B). The FAR, height and yard requirements for structures shall be

approved by the director.

(d) Utility installations, Type A, involving transmitting antennas shall be fenced or otherwise restrict public

access within the area exposed to a power density of 0.1 milliwatt/cm

(Added by Ord. 99-12)

Sec. 21-9.80-9 Tables for permitted uses and structures, development standards and project classification.

Refer to Table 21-9.6(A) for permitted uses and structures for each precinct. Refer to Table 21-9.6(B) for

development standards for each precinct. Refer to Table 21-9.6(C) to determine whether specific categories of

projects will be classified as major, minor, or exempt.

(Added by Ord. 99-12)

Table 21-9.6(A) REVISED ORDINANCES OF HONOLULU

Table 21

9.6(A)

Waikiki Special District Precinct

Permitted Uses and Structures

Use or Structure

Precinct

Apartment

Resort Mixed Use

Public

Amusement and recreational facilities, indoor

Amusement facilities, outdoor

Antennas, recei

only

Art galleries and museums

C (Museums o

nly)

Automobile rental establishments (excluding repair

facilities and open parking lots)

Automobile service stations, excluding repair

facilities

Bars, cabarets, nightclubs, taverns

Bed and breakfast homes

P/c

Boarding facilities

Broadcasting facilities

Business services

Commercial parking lots and garages

Convenience stores

AMX

Dance or music schools

Day

care facilities

Dwellings, multifa

mily

Eating establishments

AMX

Financial i

nstitutions

AMX

Group living facilities

Historic structures, use of

Home occupations

Hotels

Joint development

Joint use of parking

Laboratories, medic

Marina accessories

Medical clinics

AMX

Meeting facilities

Neighborhood grocery stores

N/A

Offices

Off

site parking facilities

Personal services

AMX

Photographic processing

Photographic studios

Publ

ic uses and structures

LAND USE ORDINANCE Table 21-9.6(A)

Table 21

9.6(A)

Waikiki Special District Precinct

Permitted Uses and Structures

Use or Structure

Precinct

Apartment

Resort Mixed

Use

Public

Real estate offices

AMX

Retail establ

ishments

AMX

Schools, language

Schools, vocational, provided they do not involve

the operation of woodwork shops, machine shops or

similar industrial features

Theaters

Time sharin

Transient vacation units

P/c

Travel agencies

AMX

Utility installations, Type A

Utility installations, Type B

Ministerial uses:

Ac = Special accessory use. Also see: Article 10, Accessory use; and Section 21-5.330, Home

occupations

P = Permitted principal use

P/c = Permitted use subject to standards in Article 5

P9 = Permitted principal use subject to standards enumerated in Article 9; see Section 21-9.80-5(d), 21-

9.80-6(d) or 21-9.80-8(d)

P-AMX = Within the apartment precinct, a permitted principal use only within the apartment mixed use

subprecinct

Discretionary uses:

Cm = Requires an approved Conditional Use Permit - minor subject to standards in Article 5; no public

hearing required

C = Requires an approved Conditional Use Permit - major subject to standards in Article 5; public

hearing required

Other:

N/A = Not applicable as a land use category in that precinct, since it is already regulated under another

land use category.

Note: An empty cell in the above matrix indicates that use or structure is not permitted in that precinct.

Provided a solid wall 6 feet in height shall be erected and maintained on any side or rear boundary adjoining

the apartment precinct.

Provided that where these uses are integrated with other uses, pedestrian access shall be independent from

the other uses, and no building floor shall be used for both dwelling and commercial purposes.

(Added by Ord. 99-12; Am. Ord. 03-38, 11-30, 19-18)

LAND USE ORDINANCE Table 21-9.6(B)

Table 21

9.6(B)

Waikiki Special District Precinct

Development Standa

rds

Development Standard

Precinct

Apartment

Resort Mi

xed Use

Public

Minimum lot area (square feet)

10,000

n/a

Minimum lot width and depth (feet)

Yards

(feet)

Front

As approved by

director

Side and Rear

Maximum density (FAR) apartment precinct

only

4, 5

Lot Area

(sq. ft.)

FAR Calculation

Less than 20,000 FAR = (.00003 x lot area) + 1.3

20,000 or more

FAR = 1.9

Maximum density (FAR) other precincts n/a 1.0

As approved by

director

Minimum open space (percent of zoning lot)

FAR less than 1.5

= 35% of lot

FAR 1.5 or more =

50% of lot

0.00

n/a

Open space bonus

Available No

Yes

–

See Sec. 21

9.80

6(c)(1)

Max FAR

n/a

3.5

Maximum height (feet)

Per zoning map and Exhibit 21

9.15 or

as provided in Sec.

9.80

4(g)(3)

As approved by

director

Transitional height setbacks

Per Sec. 21

9.80

5(c)(2)

Per Sec. 21

9.80

6(c)(2)

n/a = Not applicable

Except for necessary access drives and walkways, all yards shall be landscaped.

An average of 20 feet for zoning lots fronting Kuhio Avenue, Kalakaua Avenue, Ala Moana and Ala Wai

Boulevard within the resort mixed use precinct, and an average of 15 feet for all other zoning lots, provided:

(1) The average yard may vary between the front property line and twice the minimum front yard so long as

the yard area street-side of the required yard is equal to the yard area behind the required yard, (2) the yard

configuration shall be integrated to the extent feasible with yards and open spaces provided by adjoining lots,

and (3) the undulation of the setback line shall result in a design acceptable by the director (see Figure 21-

9.1). In the apartment precinct, required yards on lots that are less than 10,000 square feet in area may be

adjusted as follows: (1) porches and entry canopies may project into the required yards by up to 5 feet, and

(2) the minimum side and rear yard for buildings that are lower than 40 feet in height is 5 feet, plus 1 foot

additional setback for every four feet for building height above 20 feet.

Except for zoning lots adjoining an apartment precinct, side and rear yards shall not be required. Ten feet

where a zoning lot adjoins an apartment precinct, unless there is a parking structure or lot on the adjacent

apartment precinct zoning lot located within 10 feet of the common property line for more than 75 percent of

the length of the common property line. In this case, there shall not be a required yard.

See Sec. 21-9.80-5(c)(1) for commercial use location standards within the apartment mixed use subprecinct.

In computing the permissible floor area, the FAR may be applied to the zoning lot area, plus one-half the

abutting right-of-way area of any public street or alley. Portions of buildings devoted to lanais and balconies

shall not count as floor area.

(Added by Ord. 99-12; Am. Ord. 03-38, 11-30)

Table 21-9.6(C) REVISED ORDINANCES OF HONOLULU

Table 21

9.6(C)

Waikiki Special District

Project Classification

Activity/Use

Require

Permit

Special Conditions

Signs

Tree removal over

six inches in diameter

m/E

Minor only when visible from a street,

park or other public viewing area;

otherwise exempt

Detached dwellings and duplex units and accessory

structures

Grading and sto

ckpiling

Major modification, alteration, repair or a

ddition to

historic structures

Minor modification, alteration, repair or addition to

historic structures

Major exterior repair, alteration or addition to

nonhistoric structures

Minor exter

ior repair, alteration or addition to

nonhistoric structures, which does not adversely

change the character or appearance of the structure

Planned development projects (PD

R and PD

Prior council approval of conceptual plan

required. See Sec. 21

4(d)(4)

Permitted uses and structures under Sections

9.80

4(a), uses and activities allowed in required yards and

setbacks; 21-9.80-4(e), nonconformity; and 21-9.80-

4(g)(1), rooftop height exemption; when not

otherwise covered by this table

M/m

Majo

r for the reconstruction of existing

nonconforming structures and/or

adjustment of open space, off-street

parking and/or height provided for

nonconforming structures under Section

9.80

4(e)(1)

Exterior repainting that significantly changes the

characte

r or appearance of the structure

M/m

Major for murals ex

ceeding length or

width dimensions of 12 feet

Interior repairs, alterations and renovations to all

structures

Demolition of historic structures

Demolition of nonhistoric structures

m/E

Minor

only when structure is over 50 years

old; otherwise exem

Fences and walls

Streetscape improvements, including street furniture,

light fixtures, sidewalk paving, bus shelters and other

elements in public rights

way

LAND USE ORDINANCE Table 21-9.6(C)

Table 21

9.6(C)

Waikiki Special District

Project Classification

Activity/Use

Required

Permit

Special Conditions

Major above

grade infrastructure* improvements

not covered elsewhere, including new roadways,

road widenings, new substations, new parks and

significant improvements to existing parks

Minor above

grade infrastructure* improvements

not covered elsewhere; all below-grade

infrastructure improvements; and all emergency and

utine repair and maintenance work

New buildings not

covered above

M/m

Minor for accessory structures

*Notes: “Infrastructure” includes roadways, sewer, water, electrical, gas, cable tv, telephone, drainage and

recreational facilities.

A special district permit is not required for activities and uses classified as exempt, as well as other

project types which do not fall into one of the categories listed above. These activities and uses,

however, must still conform to the applicable objectives and standards of the special district. This

conformance will be determined at the building permit application stage.

Legend—Project classification:

M = Major

m = Minor

E = Exempt

(Added by Ord. 99-12; Am. Ord. 03-38)

Sec. 21-9.90 Haleiwa special district.

Established in the late 1800s, Haleiwa town provides a historical encounter with a rural commercial setting

which is an integral part of Hawaii's history. It is necessary to preserve and enhance its plantation era character.

By designating a special district, it is intended that the character of future developments be compatible with that

of the existing community. (Added by Ord. 99-12; Am. Ord. 18-44)

Sec. 21-9.90-1 Objectives.

The objectives of the Haleiwa special district are to:

(a) Preserve and enhance Haleiwa's existing rural low-rise, human-scaled form and character, especially along

Kamehameha Highway and Haleiwa Road.

(b) Preserve and restore to the extent possible buildings and sites of scenic, historic, cultural, or architectural

significance, and encourage new development that is compatible with and complements those buildings and

sites, primarily through low building heights, appropriate period design features, and subdued materials and

plantation color schemes.

landscaping and painting embellishment, respectively.

(d) Encourage new development that will complement the significant physical features, waterways, open space,

mature trees, and sites in Haleiwa.

(e) Retain a distinctive pedestrian-oriented commercial area for residents and visitors.

21-9.90-1 REVISED ORDINANCES OF HONOLULU

(f) Provide for safe and pleasant pedestrian and vehicular circulation.

(g) Enhance the attractiveness and general landscaped open space character of the area.

(h) Preserve and enhance significant views in Haleiwa, especially those of the Waianae Range and of the ocean

from Haleiwa Beach Park, within the highly developed and heavily traveled areas.

(i) Provide public improvements such as roadways, street lights, street furniture and signage compatible with the

rural character of the community, rather than at conventional urban standards.

(Added by Ord. 99-12; Am. Ord. 18-44)

Sec. 21-9.90-2 District boundaries.

The boundaries of the district are designated on Exhibit 21-9.16, set out at the end of this article. The district

is generally composed of parcels abutting Kamehameha Highway between Weed Junction south and Puaena Point

north.

(Added by Ord. 99-12; Am. Ord. 18-44)

Sec. 21-9.90-3 Significant public views and resources.

The following are significant views within the Haleiwa special district.

(a) Views of Mount Kaala, the Waianae Range, Lokoea Pond and Waialua Bay from Kamehameha Highway.

(b) Views of Anahulu Stream from Kamehameha Highway, at the old arched Anahulu (“Haleiwa”) Bridge.

(d) Views of the ocean from Kamehameha Highway.

(e) Views of other significant features delineated on Exhibit 21-9.18, set out at the end of this article.

(Added by Ord. 99-12; Am. Ord. 18-44)

Sec. 21-9.90-4 Design controls.

Implementation of the district objectives shall consist primarily of use restrictions, building height

limitations, yard and landscaping requirements, parking, architectural design requirements, choice of exterior

colors, and sign and exterior furniture design controls. Specific regulations are enumerated below.

(a) Permitted Uses. All uses permitted in the respective underlying zoning district are permitted in the Haleiwa

special district.

(b) Heights.

(1) Permitted maximum heights of buildings and structures within the district shall not exceed 30 feet,

except as provided under subdivision (2) of this subsection. Where the underlying zoning district has a

lower height limit, the lower height limit shall prevail.

(2) The director may exempt the following architectural features from the height regulations, provided they

are erected only to such height as is necessary to accomplish the purpose which they serve, but in no

case may they exceed 12 feet above the maximum height limit. These building elements may be

exempted only if the director finds they do not obstruct any significant views that are to be preserved,

protected and enhanced, and are consistent with the intent and objectives of the Haleiwa special district.

(A) Necessary mechanical appurtenances of the building on which they are erected, provided they are

screened from view.

(B) Necessary utilitarian features, including stairwell enclosures, ventilators and skylights.

ornamental cornices.

(3) Except for flagpoles and smokestacks, all items listed in Section 21-4.60(c) shall also be exempt from

the height provisions of this subsection.

(1) The required front yard for any building or structure shall be 10 feet. Ground level porches, walkways,

roof canopies or eaves for other than residential structures may extend a maximum of five feet into the

front yard.

(2) Business uses and structures, except for service stations shall be located at the front yard setback line for

a minimum of 50 percent along the front yard setback line.

(3) The minimum required setback for any new building or structure from any significant waterways as

identified on Exhibit 21-9.18, set out at the end of this article, shall be 20 feet as measured from the

water’s edge.

LAND USE ORDINANCE 21-9.90-4

(d) Landscaping.

(1) All required front yards shall be landscaped. A minimum 10-foot-wide buffer landscape strip shall be

provided for all service stations, between the Kamehameha Highway property line or street setback

lines, whichever is greater, and the service lanes or area.

(2) The setback area within 20 feet from any significant waterways shall be maintained in an indigenous

state. Additional planting material shall be provided in this area to screen any new structures or parking

and drive areas as viewed from Kamehameha Highway. This requirement may be reduced for roadways

and access drives where visibility is required for the safety of vehicles and pedestrians.

(3) Street trees shall be provided along Kamehameha Highway and Haleiwa Road in an informal

arrangement, planted within front yards or the sidewalk area, and shall be a minimum two-inch caliper.

Species shall be chosen from the list shown on Exhibit 21-9.18, set out at the end of this article.

Number, spacing and location of trees shall be determined by the director.

(4) Any tree six inches or greater in trunk diameter shall not be removed or destroyed except as follows:

(A) The tree is not visible from any street, park or other public viewing area.

(B) Appropriate development of the site cannot be achieved without removal of the tree.

(D) The tree is dead, diseased or otherwise irretrievably damaged.

(E) The applicant can demonstrate the tree is unnecessary due to overcrowding of vegetation.

(5) Any tree removed which is visible from any street, park, or other public viewing area shall be replaced

by an approved tree of minimum two-inch caliper or by alternative approved landscaping material,

unless the replacement results in overcrowded vegetation. Where possible, trees proposed for removal

shall be relocated.

(e) Parking.

(1) Open parking areas of five or more cars shall be screened from view of Kamehameha Highway and

adjacent lots and streets by fences, walls, earth berms, depression and/or landscaping a minimum of 48

inches high. This height may be reduced, subject to review and approval of the director, where visibility

is required for the safety of vehicles and pedestrians.

(2) All other landscaping requirements of Section 21-4.70 shall apply.

(3) Except for necessary access drives, parking and loading spaces shall be prohibited in all required yards.

(4) Off-street parking and loading shall be located at the side and rear of buildings only.

(f) Architectural Appearance and Character.

(1) General. The architectural form, scale, and character for new or renovated structures and modifications

of existing structures shall be similar to the existing traditional building forms of Haleiwa. Typical

characteristics for business districts are low structures with sloped roof canopies or overhanging second

floors, false front facades or parapets, metal roofs, ground floors with entrances to the street, wood

porches, generous window openings, and small-scale architectural detailing of facades.

(2) Roofs. Roof projections or canopies shall be provided at the first floor roof level along Kamehameha

Highway. Roofs visible from Kamehameha Highway shall have a minimum slope of five inches

vertically to 12 inches horizontally. Flat roofs are prohibited in the district except for screened portions

to accommodate mechanical equipment or enclosed by parapets or otherwise not visible from within the

district. Roof materials shall be limited to wood shingles or shakes, patterned metal, patterned clay or

concrete tiles for all sloping roofs visible from the district.

(3) Sun Control. Awnings shall be either roll up construction, or fixed and projecting. They shall be

subdued in color and pattern. Fixed commercially made metal awnings or “modern style” sun control

devices are not permitted except by approval of the director in accordance with the purpose and

objectives of the district.

(4) Railings, Fences, and Walls. Within the front yard, railings and fences shall be constructed from wood

and refined in detail. Walls exceeding 36 inches in height shall be set back a minimum of 18 inches

along Kamehameha Highway and Haleiwa Road and landscaped with vine or hedge planting or other

approved vegetation on the street side. The setback and landscaping requirement may be waived by the

director if the wall is moss rock or similar material.

21-9.90-4 REVISED ORDINANCES OF HONOLULU

(5) Exterior Lighting. Private light fixtures shall complement the character of the architecture of the district.

Lighting shall be subdued so as not to produce glare to surrounding property and public viewing areas.

Fluorescent or high intensity lamps shall not be permitted.

(6) Exterior Wall Materials. Wall materials shall be subdued and visually compatible with existing

materials. Materials should be selected to weather and mature with time and exposure such as stained or

natural finish wood, coral, lava rock, wattled stucco, field stone and concrete with exposed aggregates,

or wood impressions. Board and batten or board on board wood siding walls are particularly

encouraged.

(7) Colors. Colors for all materials must be natural or earth tones in subdued ranges and combinations, or

those that reflect traditional plantation or historical colors. Colors for architectural trim or accent are not

subject to this limitation.

(8) Street Facades.

(A) A minimum of 50 percent of the area of the first floor street facade for business uses shall be

devoted to windows and entrances. The area shall be measured along the length of the first floor

street facade to a height of eight feet from the finish grade.

(B) All glass on street facades shall be transparent and untinted.

(9) Walkways. Private walkway and sidewalk material shall be visually compatible with natural materials

such as wood planks or concrete with wood impressions or exposed aggregate.

(10) Exceptions. Exceptions to the above requirements for architectural appearance and character may be

approved by the director if adequate justification for the exception is submitted and the exception

requested is consistent with the objectives of the Haleiwa special district.

(g) Signs.

(1) Signs shall be designed to enhance the historic and architectural character of Haleiwa. An appropriate

sign design would use a carved or sandblasted wood sign with serif-style lettering typical of the turn of

the century, incorporating symbols when appropriate, and suspended from canopies or mounted on the

building wall.

(2) Pole-mounted signs shall be limited to a maximum height of 10 feet.

(3) Signs which are self-illuminating, with moving parts, luminous paints, or reflective materials are not

permitted. Any illumination should be from a detached source shielded from direct view. Box

fluorescent signs shall not be allowed.

(4) Notwithstanding the provisions for ground signs under Article 7, one ground sign, not directly

illuminated, per zoning lot for identification or directory purposes may be permitted in the required 10-

foot front yard, if there are more than three establishments. If it is used as a directory sign for more than

three establishments, a maximum 18-square-foot ground sign is permitted.

(5) A second business sign on the building frontage for each ground floor establishment may be allowed,

provided the sign is a hanging or projecting sign.

(6) In lieu of the second business sign described above, a garden sign may be permitted within the required

front yard for each ground floor establishment with building frontage, provided parking is not located

within the front yard. Garden signs shall be spaced a minimum of 50 feet apart.

(h) Exterior Furniture. Any exterior furniture located within the public right-of-way by a public agency, or on

private property by an owner, lessee or tenant, shall be designed to enhance the rural character of Haleiwa

and shall be subject to approval by the director.

(i) Drive-thru facilities.

(1) Required off-street parking shall be provided on site.

(2) Left turns out of a drive-thru lane onto Kamehameha Highway shall be prohibited.

(3) The service area for customers shall be at the rear or side of the structure.

(4) Queuing vehicles on drive-thru lanes shall be screened from view of Kamehameha Highway by

appropriate landscaping. The director shall approve the landscaping plan.

(5) Drive-thru lanes shall be of a length sufficient to ensure that waiting vehicles do not obstruct traffic on

Kamehameha Highway.

(6) Drive-thru operations shall cease by 10:00 p.m.

(7) Drive-thru facilities shall only be permitted on zoning lots along Kamehameha Highway:

(A) Between Weed Junction and the cane haul road; and

LAND USE ORDINANCE 21-9.90-4

(B) Between the northern boundary of the Haleiwa special district and Anahulu Bridge.

(8) No portion of any drive-thru facility shall be located within 2,000 feet of another drive-thru facility.

(j) Mobile commercial establishments. Mobile commercial establishments are subject to the following

regulations:

(1) As used in this section:

“Mobile commercial establishment” means a vehicle, with current registration and safety check,

used by an itinerant vendor, peddler, or huckster for the sale of food products or other wares. This

includes but is not limited to lunch wagons, lunch vans, and food trucks. Excluded are vendors at

farmers’ markets, fun fairs, special community events, or other special events where mobile commercial

establishments are not the majority of the event and are managed by a regulatory entity. Any vehicle

without a current registration and safety check that is used by an itinerant vendor, peddler, or huckster

for the sale of food products or other wares will be considered a structure.

(2) Mobile commercial establishments are permitted only on business-zoned lots.

(3) A minimum of five off-street parking stalls is required for each mobile commercial establishment.

(4) A zoning lot with three or more mobile commercial establishments is allowed one ground sign for

directory purposes, subject to the requirements of this chapter.

(5) Mobile commercial establishments must comply with the color requirements of subdivision (f)(7) of this

section. The name of the mobile commercial establishment may be displayed on the vehicle, subject to

the color requirements.

(6) A mobile commercial establishment must operate on areas where an all-weather surface is provided,

outside of the yard areas required in subsection (c).

(7) All mobile commercial establishments require a special district permit, which must be site specific. The

special district permit for mobile commercial establishments must provide for the following:

(A) Adequate restroom facilities for employees. Permanent restroom facilities with wastewater

systems are preferred. Portable restroom facilities, if any, must be screened from view of

Kamehameha Highway.

(B) A traffic circulation and mitigation plan, parking management plan, and pedestrian circulation plan.

(D) Compliance with all mobile commercial establishment and special district regulations and

requirements.

(8) Mobile commercial establishments in legal operation prior to December 21, 2018 that do not meet the

requirements of this subsection may continue operating as a nonconforming use pursuant to section 21-

4.110(c) until such time that the mobile commercial establishment obtains a special district permit

consistent with this subsection; provided that a mobile commercial establishment must cease operation

as a nonconforming use upon any action taken by an owner, lessee, or authorized operator to transfer

any interest in the mobile commercial establishment to a third party.

(9) Mobile commercial establishments are permitted only on zoning lots along Kamehameha Highway:

(A) Between Weed Junction and Paalaa Road; and

(B) Between Achiu Lane and Amara Road;

provided that no zoning lot on which a mobile commercial establishment operates may be located

within 1,500 feet of another zoning lot on which a mobile commercial establishment operates. This

subdivision does not apply to zoning lots on which a mobile commercial establishment operated prior to

December 21, 2018.

(Added by Ord. 99-12; Am. Ord. 02-19, 18-44)

Sec. 21-9.90-5 Detached dwellings and duplex units.

Detached dwellings and duplex units constructed prior to December 21, 2018 shall be exempt from the

requirements of the Haleiwa special district, except for Section 21-9.90-4, subsection (d)(3), (4) and (5), relating

to landscaping, subsection (f)(1) relating to general architectural appearance and character, subsection (f)(2)

relating to roofs, subsection (f)(4) relating to railings, fences, and walls, and subsection (f)(7) relating to colors.

Detached dwellings and duplex units constructed after December 21, 2018, will fall under the category “New

buildings not covered above” in Table 21-9.7.

(Added by Ord. 99-12; Am. Ord. 18-44)

21-9.90-6 REVISED ORDINANCES OF HONOLULU

Sec. 21-9.90-6 Project classification.

(a) Refer to Table 21-9.7 to determine whether specific projects will be classified as major, minor, or exempt.

(b) Projects involving demolition or relocation of structures listed on Exhibit 21-9.17, set out at the end of this

article, may be referred to appropriate public or private agencies for review, which may include submittal for

review to the state historic preservation office to investigate public and private alternatives to preserve

buildings of scenic, historic, cultural or architectural significance consistent with the legislative intent and

objectives of this ordinance. If required, such review shall not exceed a period of 90 days, and shall precede

acceptance of the application for a special district permit.

(Added by Ord. 99-12; Am. Ord. 18-44)

Table 21

9.7

Haleiwa Special District

Project Classification

Activity/Use

Required Permit

Special Conditions

Signs

ee removal over six inches in diameter

m/E

Minor only if

visible from Kamehameha

Highway or Haleiwa Road

Grading and stockpiling

Major modification, alteration, repair, or

addition to all structures

M/m

Major if listed on Exhibit 21

9.17 and/or

if visible from Kamehameha Highway or

Haleiwa Road

Minor mod

ification, alteration, repair, or

addition to historic structures

Also includes structures on Exhibit 21

9.17

Exterior repainting that significantly alters the

character or appearance of the structure

m/E

Minor if listed on Exhibit 21

9.17 and/or

visible from Kamehameha Highway or

Haleiwa Road

Minor exterior repair, alteration, or addition

to nonhistoric structures, which does not

adversely change the character or appearance

of the structure

terior repairs, alterations, and renovations to

all stru

ctures

Demolition or obstruction of historic

structures

Also includes structures on Exhibit 21

9.17

Demolition of nonhistoric structures

Fences and walls

Streetscape improvements, inclu

ding street

furniture, light fixtures, sidewalk paving, bus

shelters, and other elements in public rights-

way

LAND USE ORDINANCE 21-9.90-6

Table 21

9.7

Haleiwa Special District

Project C

lassification

Activity/Use

Required Permit

Special Cond

itions

Major above

grade infrastructure*

improvements not covered elsewhere,

including cell towers, new roadways, new

substations, new parks, and significant

improvements to existing parks

Minor

above

grade infrastructure*

improvements not covered elsewhere; all

below-grade infrastructure improvements;

and all emergency and routine repair and

maintenance work

New buildings not covered above and mobile

commercial establishments

M/m

Major if vis

ible from Kamehameha

Highway or Haleiwa Road

Drive

thru

facilities

*Notes: “Infrastructure” includes roadways, sewer, water, electrical, gas, cable TV, telephone, drainage and

recreational facilities.

A special district permit is not required for activities and uses classified as exempt, as well as other

project types which do not fall into one of the categories listed above. These activities and uses,

however, must still conform to the applicable objectives and standards of the special district. This

conformance will be determined at the building permit application stage.

Legend—Project classification:

M = Major

m = Minor

E = Exempt

(Added by Ord. 99-12; Am. Ord. 02-19, 18-44)

Sec. 21-9.100 Transit-oriented development (TOD) special districts.

(a) The purpose of this section is to establish a TOD special district around rapid transit stations to encourage

appropriate transit-oriented development.

(b) The regulations applicable in the TOD special district are in addition to underlying zoning district, and, if

applicable, special district, regulations, and may supplement and modify the underlying regulations. If any

regulation pertaining to the TOD special district conflicts with any underlying zoning district, the regulation

applicable to the TOD special district will take precedence. If any regulation pertaining to a TOD special

district conflicts with another special district regulation or unilateral agreement in effect, the regulation

applicable to the other special district or unilateral agreement in effect will take precedence.

“Active ground floor activities” means those uses and activities that will encourage pedestrian movement and

activate the ground floor of buildings, including retail establishments, restaurants, personal service

establishments, offices, financial institutions, lobbies for hotels or multifamily dwelling uses, galleries, theaters,

and other similar uses and activities.

21-9.100 REVISED ORDINANCES OF HONOLULU

“Bike-walk greenway” means shared-use paths or trails for pedestrians, cyclists, and other users of non-

motorized transportation modes within or adjacent to a TOD special district. Certain development standards will

apply only to those zoning lots that abut the bike-walk greenway. Bike-walk greenways are identified on the

exhibits set out at the end of this article.

“Community benefits” means those project elements that will mitigate impacts of greater heights or greater

density or modifications to special district development standards. Examples of community benefits include

affordable housing, open space, parks, right-of-way improvements, financial contributions to existing community

amenities or public uses, and facilities that enhance the pedestrian experience or improve multimodal

transportation.

“Key streets” means streets within a TOD special district that are most vital to facilitating a walkable,

vibrant, economically active neighborhood in the direct vicinity of the rail station. Certain development standards

will apply only to those lots fronting a designated key street. The key streets are identified on the exhibits set out

at the end of this article.

“Nonconforming site development” means a zoning lot with structures or uses that comply with underlying

zoning district standards, but are not in conformance with all of the standards of the special district, including, but

not limited to, building location, yard and setback requirements, street facades, building orientation and entrances,

parking lot design and location, and bicycle parking.

“Setback” means the distance from the property line to the front facade of a building.

“Street tree plan” means a street tree planting plan approved in accordance with the “Standards and

Procedures for the Planting of Street Trees.”

“TOD” means transit-oriented development.

“TOD development regulations” means the regulations establishing the permitted uses and structures and

development standards within a TOD special district, which will be established by the council by ordinance,

pursuant to the provisions of this section. TOD development regulations may include provisions specific to

certain station areas.

“TOD special district” means that area surrounding existing and future rail transit stations along the rail

alignment and designated in Section 21-9.100-12. Lands within a TOD special district are subject to TOD

development regulations.

“TOD station area” means the parcels of land around a rail transit station subject to the TOD development

regulations. Generally, the station area will consist of that land within approximately one-half mile of the related

transit station, which is roughly the distance of a 5- to 10- minute walk from the station, as identified on the

exhibits set out at the end of this article.

(Added by Ord. 09-4; Am. Ord. 17-54)

Sec. 21-9.100-1 TOD special district findings.

(a) The City’s rail transit system represents a significant investment by the community to improve mobility and

re-shape the urban form. TOD regulations will support the use of multimodal transportation with the

creation of vibrant, mixed-use developments and quality community gathering places around transit stations.

(b) Development along the transit corridor that contains a cohesive and rich mix of uses and a variety of housing

types can support the public investment in rail transit and direct a large portion of Oahu’s future population

growth to the rail corridor, reducing pressures to develop in rural agricultural lands, open spaces, and

suburban residential areas.

characteristics of TOD and shape development around transit stations to foster more livable communities,

respond to local conditions, take full advantage of transit, and support the public’s investment.

(Added by Ord. 09-4; Am. Ord. 17-54)

Sec. 21-9.100-2 Neighborhood TOD plans.

(a) For each TOD station area or combination of station areas, the department shall prepare a neighborhood

TOD plan, which serves as the basis for the creation or amendment of a TOD special district and the TOD

development regulations applicable thereto. Each neighborhood TOD plan must address, at minimum, the

following:

LAND USE ORDINANCE 21-9.100-2

(1) The general objectives for the particular TOD station area in terms of overall economic revitalization,

neighborhood character, and unique community historic and other design themes. Objectives must

summarize the desired neighborhood mix of land uses, general land use intensities, circulation

strategies, general urban design forms, and cultural and historic resources that form the context for

TOD;

(2) Parcels recommended to be included in the TOD special district, taking into account natural topographic

barriers, extent of market interest in redevelopment, and the benefits of transit, including the potential to

increase transit ridership;

(3) Recommended zoning controls, including architectural and community design principles, open space

requirements, parking standards, and other modifications to existing zoning requirements, or the

establishment of new zoning precincts, as appropriate, including density incentives. Prohibition of

specific uses must be considered. Form-based zoning may be considered;

(4) Preservation of existing affordable housing and potential opportunities for new affordable housing, and

as appropriate, with supportive services;

(5) Preservation of existing healthcare services. For purposes of this subdivision, “healthcare services”

means the furnishing of medicine, medical or surgical treatment, nursing, hospital service, dental

service, optometrical service, complementary health services, or any other necessary services of like

character intended to prevent, alleviate, cure or heal human illness, physical disability, or injury;

(6) Mitigating gentrification of the community; and

(7) The general direction on implementation of the recommendations, including the phasing, timing and

approximate cost of each recommendation, as appropriate, and new financing opportunities that should

be pursued.

(b) The process of creating neighborhood TOD plans must be inclusive, open to residents, businesses,

landowners, community organizations, government agencies, and others.

capacities of water, wastewater, and roadway systems. Where appropriate, public-private partnership

opportunities must be investigated.

(d) The neighborhood TOD plan must be consistent with the applicable regional development plan.

(e) To the extent practical, the neighborhood TOD plan must be consistent with any applicable special area plan

or community master plan, or make recommendations for revisions to these plans.

(f) The neighborhood TOD plan must be submitted to the council and approval of the plan will be by council

resolution, with or without amendments.

(g) Waipahu Neighborhood TOD Plan.

(1) The Waipahu Neighborhood TOD Plan was adopted by the council via Resolution No. 14-47, CD1, on

April 16, 2014. It includes the West Loch and Waipahu Transit Center station areas.

(2) The Waipahu Transit Center station area reflects Waipahu’s heritage as a former sugar plantation town.

The area is generally low-rise in character and contains a wide range of uses. The plan envisions the

retention of the historic low-rise character, while providing new retail, office, and residential

opportunities in a walkable, mixed-use setting in the areas along Waipahu Depot Road and Farrington

Highway.

(3) Development in the West Loch station area will be concentrated in the area adjacent to the transit station

along Farrington Highway and Leoole Street. The plan envisions a higher density commercial center

with mixed-use buildings along Farrington Highway, while Leoole and Leoku Streets serve as

pedestrian-oriented streets with active ground floor activities and pedestrian access to the Pearl Harbor

Historic Trail.

(Added by Ord. 09-4; Am. Ord. 17-20, 17-54)

Sec. 21-9.100-3 Processing of proposed ordinances establishing the TOD special district and development

regulations applicable thereto.

If the council approves a neighborhood TOD plan, with or without amendments, the director shall submit to

the planning commission a proposed ordinance establishing the TOD special district or expanding the existing

special district to include the applicable station area(s) and the TOD development regulations applicable thereto.

(Added by Ord. 09-4; Am. Ord. 17-54)

Sec. 21-9.100-4 TOD development regulations minimum requirements.

The TOD development regulations for the TOD special district must include, but need not be limited to, the

following provisions:

21-9.100-4 REVISED ORDINANCES OF HONOLULU

(a) Allowances for a mix of land uses, both vertically and horizontally, including affordable housing;

(b) Density and building height limits that may be tied to the provision of community amenities, such as public

open space, affordable housing, and community meeting space;

for joint use of parking spaces;

(d) Design provisions that encourage use of rapid transit, buses, bicycling, walking, and other non-automobile

forms of transport that are safe and convenient;

(e) Guidelines on building orientation and parking location, including bicycle parking;

(f) Identification of important neighborhood historic, scenic, and cultural landmarks, and controls to protect and

enhance these resources;

(g) Design controls that require human-scale architectural elements at the ground and lower levels of buildings;

(h) Landscaping requirements that enhance the pedestrian experience, support station identity, and complement

adjacent structures; and

(i) Incentives and accompanying procedures to encourage appropriate and necessary transit-oriented

development, which may include minimum standards, financial incentives, and considerations relating to the

ability to contribute positively to the economic enhancement of the affected area and the city, particularly

with regard to providing a broad mix of uses, diverse housing, and diverse employment opportunities.

(Added by Ord. 09-4; Am. Ord. 17-54)

Sec. 21-9.100-5 Interim planned development-transit (IPD-T) projects.

The purpose of the IPD-T permit is to provide opportunities for creative, catalytic redevelopment projects

and public housing projects within the rail corridor that would not be possible under a strict adherence to the

development standards of this chapter prior to the adoption of the TOD neighborhood plans or amendments to this

chapter relating to the future TOD zones (special districts), or both. Qualifying projects must demonstrably

exhibit those kinds of attributes that are capable of promoting highly effective transit-enhanced neighborhoods,

including diverse employment opportunities, an appropriate mix of housing types, support for multi-modal

circulation, and well-designed publicly accessible and usable spaces. Flexibility may be provided for project

uses, density, height and height setbacks, yards, open space, landscaping, streetscape improvements, parking and

loading, and signage when timely, demonstrable contributions are incorporated into the project benefiting the

community, supporting transit ridership, and implementing the vision established in Section 21-9.100-4.

Reflective of the significance of the flexibility represented by this option, it is appropriate to approve projects

conceptually by legislative review and approval prior to a more detailed administrative review and approval by

the department. For the purpose of this section, "public housing project" means a residential or mixed-use

development with a significant affordable housing component undertaken by the Hawaii Public Housing

Authority or other state or city agency that develops public housing, their lessee, or their designated developer

pursuant to a partnership or development agreement.

Prior to the adoption of TOD special district standards, proposed development on sites with at least portions

of an eligible zoning lot that are within no more than one-half mile of a future rail station identified in the

Honolulu Rail Transit Project (HRTP) Environmental Impact Statement (EIS), accepted by the Governor of the

State of Hawaii on December 16, 2010, and any future supplemental EISs for the project, may qualify for an IPD-

T permit in the interim, subject to the following:

(a) Eligible zoning lots. IPD-T projects may be permitted on zoning lots that meet the following standards:

(1) A portion of the zoning lot shall be within a one-half-mile radius of a planned HRTP station, as

approved by the Honolulu Authority for Rapid Transportation. For purposes of this section, the

minimum distance requirement shall be measured as the shortest straight line distance between the edge

of the station area and the zoning lot line(s) of the project site. For public housing projects, the distance

may be extended to include a portion of a zoning lot within a one-mile radius of a planned HRTP

station;

(2) The minimum project size shall be 20,000 square feet. Multiple lots may be part of a single IPD-T

project if all of the lots are under a single owner and/or lessee holding leases with a minimum of 30

years remaining in their terms. Multiple lots in a single project must be contiguous, provided that lots

that are not contiguous may be part of a single project if all of the following conditions are met:

(A) The lots are not contiguous solely because they are separated by a street or right-of-way; and

(B) Each noncontiguous portion of the project, whether comprised of a single lot or multiple

contiguous lots, shall have a minimum area of 20,000 square feet.

LAND USE ORDINANCE 21-9.100-5

When a project consists of noncontiguous lots as provided above, pedestrian walkways or functioning

design features connecting the separated lots are strongly encouraged to unify the project site. Multiple

lots that are part of an approved single IPD-T project shall be considered and treated as one zoning lot

for purposes of the project, provided that no conditional use permit-minor for a joint development of

multiple lots shall be required therefor;

(3) The project site shall be entirely in the state-designated urban district;

(4) All eligible zoning lots shall be in the apartment, apartment mixed use, business, business mixed use,

resort, industrial, or industrial-commercial mixed use districts; except that this subdivision shall not

apply to landscape lots, right-of-way lots, or other lots utilized for similar utilitarian (infrastructure)

purposes; and

(5) Upon the enactment of a TOD special district and its related development regulations, all zoning lots

within that TOD special district shall no longer be eligible for this interim permit, but shall henceforth

comply with all applicable TOD special district regulations and requirements enumerated by this

chapter; provided that any application for an IPD-T project that has received council approval of its

conceptual plan prior to the date of enactment shall continue to be processed under and be subject to this

Section 21-9.100-5 and the applicable use and development standards approved under the conceptual

plan.

(b) Standards for review.

(1) Significant flexibility and the possibility of increased development potential are being made available to

eligible IPD-T projects. The degree of flexibility must be commensurate with the contributions that

these projects can provide towards the enhancement of highly effective transit-enhanced neighborhoods,

particularly as these contributions relate to the success of TOD. The highest degree of flexibility may be

authorized by this permit for those projects which demonstrate:

(A) The ability to contribute positively to the economic enhancement of the affected area, particularly

with regard to providing a broad mix of uses and diverse housing or employment opportunities;

(B) The provision of measures or facilities, or both, to promote a highly functioning, safe,

interconnected, multi-modal circulation system, supporting easy access to, and effective use of the

transit system on a pedestrian scale;

pedestrian ways, bicycle facilities, or parks; and

(D) An appropriate mix of housing and unit types, including a range of affordable and market rate

housing, particularly affordable or rental housing, or both, or public housing projects; with

qualifying affordable housing being located on the project site or within one-half mile of an

identified HRTP transit station, or within one mile of an identified HRTP transit station for public

housing projects, subject to the requirements set forth below. For purposes of this section,

"affordable housing" shall mean housing that is affordable to households with incomes not

exceeding 120 percent of the annual median income for Oahu. Off site affordable housing is only

allowed subject to the following requirements:

(i) At least 50 percent of the total affordable housing requirement for the project, as satisfied

pursuant to rules adopted by the department in accordance with HRS Chapter 91 (the

“department’s affordable housing rules”), must be within the project site;

(ii) Up to 50 percent of the total affordable housing requirement for the project, as satisfied

pursuant to the department’s affordable housing rules, may be provided on lands that are

within one-half mile of an identified HRTP transit station, if:

(aa) The units are rental (as opposed to for sale) housing;

(bb) The rentals meet the affordable housing guidelines for households with incomes not

exceeding 60 percent of the “area median income” as defined in the department’s

affordable housing rules; and

(cc) The rentals remain affordable for a period of not less than sixty (60) years; and

(iii) Up to 35 percent of the total affordable housing requirement for the project, as satisfied

pursuant to the department’s affordable housing rules, may be provided on lands within one-

half mile of an identified HRTP transit station, if:

(aa) The units are rental housing;

(bb) The rentals meet the affordable housing guidelines for households with incomes not

exceeding 80 percent of the “area median income” as defined in the department’s

affordable housing rules; and

(cc) The rentals remain affordable for a period of not less than twenty (20) years.

21-9.100-5 REVISED ORDINANCES OF HONOLULU

If the department’s affordable housing rules establish separate factors for determining the

satisfaction of affordable housing requirements for transit-oriented developments, then satisfaction

of the above percentages will be based on those factors.

The IPD-T option offers developers opportunities to increase development potential, provided equitable

contributions that benefit the general public, the transit system, and TOD are demonstrated.

(2) Unless specified in Section 21-9.100-5, IPD-T projects shall be generally consistent with:

(A) The approved neighborhood TOD plan for the affected area; or

(B) If the neighborhood TOD plan has not yet been approved, the draft neighborhood TOD plan. As

used in this section, “draft neighborhood TOD plan” means the most current version of the plan

then under consideration by the department or the council, commencing with the first public review

draft released by the director to the community for review and comment.

(1) Permitted uses and structures may be any of those uses permitted in the BMX-4 central business mixed

use district; except that hotels are not permitted on any zoning lot in an apartment, apartment mixed use,

industrial, or industrial-commercial mixed use district, unless it is otherwise in compliance with the

standards enumerated by Section 21-5.360(b) (provided that this subdivision does not preclude hotels in

the I-2 intensive industrial district and the IMX-1 industrial-commercial mixed use district from

qualifying as a conditional use under Section 21-5.30(a)); and

(2) Ground floors and pedestrian-accessible spaces should be utilized to the extent feasible for active uses,

such as, but not necessarily limited to outdoor dining, retail, gathering places, and pedestrian-oriented

commercial activity. These spaces should also provide public accommodations such as, but not

necessarily limited to, benches and publicly accessible seating, shaded areas through either trees or built

structures, publicly accessible restrooms, trash and recycling receptacles, facilities for recharging

electronic devices, publicly accessible telecommunications facilities, and Wi-Fi service.

(d) Site Development and Design Standards. The standards set forth by this subsection are general requirements

for IPD-T projects. When, in the subdivisions below, the standards are stated to be subject to modification or

reduction, the modification or reduction must be for the purpose of accomplishing a project design consistent

with the goals and objectives of Section 21-9.100-4 and this subsection. Also, pursuant to subsection b, the

modification or reduction in the following standards must commensurate with the contributions provided in

the project plan, and the project must be generally consistent with the draft or approved neighborhood TOD

plan for the area, unless otherwise specified below.

(1) Density.

(A) The maximum floor area ratio (FAR) may be up to twice that allowed by the underlying zoning

district or 7.5, whichever is lower; provided that where a draft or approved neighborhood TOD

plan identifies greater density for the site, a project on that site must be consistent with the

specified density contained in the plan and may be considered for that density;

(B) For public housing projects as defined in Section 21-9.100-5, the FAR cannot exceed 7.5; provided

that if the maximum FAR under the draft or approved neighborhood TOD plan is greater than 7.5,

then the draft or approved TOD FAR will prevail; and

addition to any eligible density bonuses for the underlying zoning district; that is, the increase will

apply to the zoning lot plus any applicable floor area bonuses.

(2) Height.

(A) For project sites where there is no draft neighborhood TOD plan, the maximum building height

may be up to twice that allowed by the underlying zoning district, or 450 feet, whichever is lower;

and

(B) Where there is a draft or approved neighborhood TOD plan, the maximum height cannot exceed

the maximum height specified in the plan; provided that where existing height limits exceed those

in the plans, the existing height limit will prevail.

up to 400 feet unless the maximum height specified in the draft or approved neighborhood TOD

plan is higher, in which case the maximum height in the TOD plan will prevail.

(3) Transitional height or street setbacks may be modified where adjacent uses and street character will not

be adversely affected.

LAND USE ORDINANCE 21-9.100-5

(4) Buildable Area. Yards and the maximum building area must be as specified by the approved conceptual

project plan; provided that building placement will not cause adverse noise, privacy or wind effects to

adjacent uses, and street character will not be adversely affected.

(5) Open Space.

(A) Project open space will be as specified in the approved conceptual project plan, with a preference

for publicly accessible, highly usable parks and gathering spaces rather than buffering or unusable

landscaped areas.

(B) Where appropriate, usable open space may be:

(i) Transferred to another accessible site within the vicinity of the project that will be utilized as a

public park, plaza, or gathering place for the affected community; or

(ii) Provided in the form of connections or improvements, or both, to nearby open spaces,

pedestrian ways or trails, such as, but not necessarily limited to, streetscape and intersection

improvements, pedestrian walkways or bridges, arcades, or promenades;

or both.

(6) Landscaping and screening standards will be as specified in the approved conceptual project plan and

project landscaping must include adjacent rights-of-way. Streetscape landscaping, including street trees

or planting strips, should be provided near the edge of the street, rather than adjacent to the building,

unless infeasible.

(7) Parking and loading standards are as follows:

(A) The number of parking and loading spaces provided will be as specified in the approved conceptual

project plan;

(B) Service areas and loading spaces must be located at the side or rear of the site, unless the size and

configuration of the lot renders this infeasible;

whenever possible and placed in the location least likely to impede pedestrian circulation; and

(D) The provision of car-sharing programs and vehicle charging stations is encouraged.

(8) Bicycle parking must be accommodated on the project site, subject to the following:

(A) The number of bicycle parking spaces provided will be as specified in the approved conceptual

project plan;

(B) Long-term bicycle parking must be provided for residents of on-site dwelling units in the form of

enclosed bicycle lockers or easily accessible, secure, and covered bicycle storage;

entrance of the facility so that it is visible from the street or sidewalk. The provision of a fenced

and gated area for secure bicycle parking within the structure is encouraged;

(D) Each bicycle parking space must be a minimum of 15 inches in width and six feet in length, with at

least five feet of clearance between bicycle and vehicle parking spaces. Each bicycle must be easily

reached and movable without moving another bicycle; and

(E) The provision of space for bicycle-sharing stations is encouraged either on the exterior of the

building or within a parking structure, provided the area is visible and accessible from the street.

(9) Signs.

(A) Sign standards and requirements will be as specified in the approved conceptual project plan. The

sign standards and requirements may deviate from the strict sign regulations of this chapter;

provided that the flexibility is used to achieve good design, compatibility, creativity, consistency,

and continuity in the utilization of signs on a pedestrian scale;

(B) All projects must include appropriate measures to accommodate TOD-related way-finding signage

that will be considered “public signs” for purposes of Article 7; and

project signage must comply with the underlying sign regulations of this chapter.

(e) Application Requirements. An application for approval of an IPD-T project shall contain:

(1) A project name;

(2) A location map showing the project in relation to the future rail station area and the surrounding area;

(3) A site plan showing property lines, the locations of buildings and other major structures, building access

and activity zones, the proposed open space and landscaping system, access and circulation for vehicles,

bicycles, and pedestrians, bus or trolley stops, and other major activities;

21-9.100-5 REVISED ORDINANCES OF HONOLULU

(4) A narrative description of the overall development and urban design concept; the general mix of uses;

the basic form and number of structures; the relationship of buildings to each other and to the streets,

and how that is used to create active public space; the estimated number of proposed public and private

dwelling or lodging units, affordability restrictions to be observed, and the proposed mix of housing

types; general building height and density; how the project achieves and positively contributes to TOD

and transit-enhanced neighborhoods; proposed public amenities and community benefits; the planned

development of usable, publicly accessible spaces, accommodations and landscaping; how the project

supports walking, bicycling, and active living; proposals to enhance multimodal circulation and access;

proposed off-street parking and loading; and possible impacts on security, public health and safety,

infrastructure and public utilities;

(5) An open space plan, showing the reservation of land for public, semi-public, and private open space,

including parks, plazas, and playgrounds, an integrated circulation system indicating proposed

movement of vehicles, goods, pedestrians, and bicyclists within both the project area and adjacent areas,

including streets and driveways, sidewalks and pedestrian ways, bicycle lanes, bicycle tracks, and multi-

use paths, off-street parking, and loading areas;

(6) A narrative explanation of the project’s architectural and urban design relating the various design

elements to support pedestrian- and transit-oriented development, and a discussion of any impacts to

any cultural or historic resources, as well as any public views protected by law or ordinance;

(7) Details of the project, including proposed floor area, open space, open space bonuses, and maximum

FAR;

(8) A parking and loading management plan or transportation demand management plan, or both;

(9) A wind and shadow study to analyze the effects of mid-rise and high-rise structures, particularly

anticipated effects at the ground level. Where adverse effects are anticipated, mitigative measures shall

be included in the proposal; and

(10) Any other information deemed necessary by the director to ascertain whether the project meets the

requirements of this section.

(f) Procedures. Applications for approval of IPD-T projects shall be processed in accordance with Section 21-

2.110-2. Fees shall be as enumerated for Planned Development applications in Section 6-41.1(a)(19),

provided that the fee shall be waived for public housing projects.

(g) Conceptual Plan for a Project. No project shall be eligible for IPD-T status unless the council has first

approved a conceptual plan for the project. The approved conceptual plan must set forth the allowable uses

and the site development and design standards for density, height, transitional height and/or street setbacks,

yards, open space, landscaping and screening, parking and loading, bicycle parking, and signs, if the uses and

standards depart from the uses and standards applicable in the underlying zoning district. If uses and

standards are not otherwise specified, the uses and standards applicable to the underlying zoning district

apply.

(h) Guidelines for Review and Approval of the Conceptual Plan for a Project. Prior to or concurrently with its

approval of a conceptual plan for an IPD-T project, the council shall find that the project concept, as a

unified plan, is in the general interest of the public, and that:

(1) Requested project boundaries and requested flexibility with respect to development standards and use

regulations are consistent with the objectives of TOD and the provisions enumerated in Sec. 21-9.100-4

and Sec. 21-9.100-5 while in effect; and

(2) Requested flexibility with respect to development standards and use regulations is commensurate with

the public amenities and community benefits proposed.

(i) Deadline for Obtaining Building Permit for Project.

(1) A council resolution of approval for a conceptual plan for an IPD-T project shall establish a deadline

within which the building permit for the project shall be obtained. For multiphase projects, deadlines

must be established for obtaining building permits for each phase of the project. The resolution shall

provide that the failure to obtain any building permit within the prescribed period shall render null and

void the council’s approval of the conceptual plan and all approvals issued thereunder; provided that in

multiphase projects, any prior phase that has complied with the deadline applicable to that phase shall

not be affected. The reordering of phases is permitted with the director's approval as long as the overall

completion deadline for multiphase projects has not passed. A revocation of a building permit pursuant

to Section 18-5.4 after the deadline shall be deemed a failure to comply with the deadline.

LAND USE ORDINANCE 21-9.100-5

(2) The resolution shall further provide that a deadline may be extended as follows:

(A) The director may extend the deadline if the applicant demonstrates good cause, but the deadline

shall not be extended beyond one year from the initial deadline without the approval of the council,

which may grant or deny the approval in its complete discretion.

(B) If the applicant requests an extension beyond one year from the initial deadline and the director

finds that the applicant has demonstrated good cause for the extension, the director shall prepare

and submit to the council a report on the proposed extension, which report shall include the

director’s findings and recommendations thereon and a proposed resolution approving the

extension.

deny the proposed extension, by resolution.

(D) If the council fails to take final action on the proposed extension within the first to occur of (i) 60

days after the receipt of the director’s report or (ii) the applicant’s then-existing deadline for

obtaining a building permit, the extension shall be deemed to be denied.

(3) For public housing projects, the council resolution for approval of a conceptual plan for an IPD-T

project shall include a five-year deadline within which the building permit for the first phase of the

project shall be obtained. Any extensions beyond this deadline, including extensions for subsequent

phases, will be subject to council approval pursuant to the procedures in subdivision (2).

(4) The director shall notify the council in writing of any extensions granted by the director that do not

require council approval.

(j) Further Processing by Director. If the council approves the conceptual plan for the IPD-T project, the

application, as approved in concept by the council, shall continue to be processed by the director as provided

under Section 21-2.110-2. Additional documentation may be required by the director as necessary. The

following criteria shall be used by the director to review applications:

(1) The project shall conform to the approved conceptual plan and any conditions established by the council

in its resolution of approval. Any change to the conceptual plan will require a new application and

approval by the council. The director may approve changes to the project that do not significantly alter

the size or nature of the project, if the changes remain in conformance with the conceptual plan and any

conditions established by the council. Any increase in the height or density of the project will be

considered a significant alteration and a change to the conceptual plan;

(2) The project also shall implement the objectives, guidelines, and standards of Section 21-9.100-4 and this

section;

(3) The project shall contribute significantly to the overall desired urban design of TOD areas;

(4) The project shall demonstrate a pedestrian system, publicly accessible spaces and accommodations,

landscaping and other amenities which shall be integrated into the overall design of the project, and

shall enhance the pedestrian experience between the project and surrounding TOD areas;

(5) The project shall involve a broad mix of uses or other characteristics, or both, which support the

economic development and vitality of the affected TOD enhanced neighborhood; or include an

appropriate mix of housing types, particularly affordable housing and rental housing, or both, or public

housing; and

(6) The parking management plan or transportation demand management plan shall support transit ridership

and alternative modes of travel and minimize impacts upon public streets where possible.

(Added by Ord. 14-10; Am. Ord. 16-26, 17-40)

Sec. 21-9.100-6 TOD special district objectives.

The objectives of a TOD special district are to:

(a) Promote an appropriate mixture and density of activity around the rail transit stations in order to maximize

the potential for transit ridership and promote alternative modes of transportation to the automobile;

(b) Allow for more intense and efficient use of land for the mutual reinforcement of public investments and

private development;

pedestrians, bicycles, and transit operations;

(d) Establish standards for buildings and sites that provide quality urban design that attracts and encourages

pedestrian activity;

21-9.100-6 REVISED ORDINANCES OF HONOLULU

(e) Provide a high level of streetscape amenities that create a comfortable environment for pedestrians,

bicyclists, and other uses, such as walkways, street furniture, street trees, and human-scale architectural

features;

(f) Promote an appropriate mix of housing types, including affordable housing and rental housing;

(g) Promote quality publicly accessible and usable spaces and gathering places; and

(h) Contribute positively to the economic enhancement of the affected area and the city, particularly with regard

to providing a broad mix of uses, diverse housing, and diverse employment opportunities.

(Added by Ord. 17-54)

Sec. 21-9.100-7 Use regulations.

Permitted uses and structures are as enumerated in Table 21-3, except as provided below:

(a) In the business mixed-use district, the ground floor of buildings facing a key street, public open space, or

transit station must be designed and used for active ground floor activities, as defined in Section 21-9.100(c),

for at least 80 percent of the ground-floor building frontage. On corner lots, this requirement must be met on

each key-street-facing facade.

(b) In the apartment mixed-use district the ground floor of the building frontage facing any key street, public

open space, or transit station must be designed and used as residential dwelling units or active ground floor

activities, as defined in Section 21-9.100(c). On corner lots, this requirement must be met on each key-

street-facing facade.

commercial mixed use district, subject to a special district permit. Accessory caretaker dwellings do not

require a special district permit.

(Added by Ord. 17-54)

Sec. 21-9.100-8 General requirements and development standards.

The following standards apply throughout a TOD special district:

(a) Site Development and Design Standards. Development standards are as established for the underlying base

district except as provided below.

(1) Density and height.

(A) The maximum FAR is as prescribed by the underlying zoning district, unless modified through a

special district permit or PD-T permit, through which an applicant may seek approval to exceed the

base FAR up to a maximum FAR as follows:

BMX

3 a

B-2 Districts

Apartment and

Apartment Mixed Use

Distr

icts

Industrial and

Industrial Mixed Use

Districts

Base FAR

2.5

Refer to Table 21

3.3

Refer to Table 21

3.5

Maximum FAR with Major Special

District Permit

3.5

1.2 x Base FAR

Maximum

FAR with PD

T Permit

7.0

2.0 x Base FAR

(B) The open space bonus provisions of Section 21-3.120-2(c) are not applicable.

of Section 21-3.90-1(c) and Table 21-3.3 may be modified through a special district permit where

the proposed development meets the objectives of the TOD special district, as enumerated in

Section 21-9.100-6.

LAND USE ORDINANCE 21-9.100-8

(D) Height. The allowable height is as prescribed on the zoning map, unless modified through a

special district or PD-T permit. Through a special district or PD-T permit, an applicant may seek

approval to exceed the base height up to the parenthetical number identified as the bonus height

limit on the zoning map. A PD-T permit is required for projects seeking a bonus height that

exceeds the lesser of 50 percent of the total bonus height available, or 50 feet.

(E) Where a TOD special district permit is sought to achieve height or density bonuses, the degree of

flexibility requested must be reasonably related to the community benefits the development will

provide for the enhancement of the TOD area. The highest degree of flexibility may be authorized

for those projects that demonstrate:

(i) The provision of measures or facilities, or both, to promote a highly functioning, safe,

interconnected, multimodal circulation system, supporting easy access to, and effective use of

the transit system on a pedestrian scale;

(ii) The provision of open space, particularly usable, safe, and highly accessible public

accommodations, gathering spaces, or parks, either on site, within the TOD station area, or at

a public park or gathering space within 400 feet of the same TOD station area boundary; and

(iii) An appropriate mix of housing and unit types, particularly affordable for-sale or rental

housing, or both, located on the project site or within the same station area as the project site.

Where the project proposes more than 10 residential dwelling or lodging units, or both, the

affordable for-sale or rental units must be in addition to the affordable housing requirements

of Chapter 38.

The above notwithstanding, the completed project must be able to contribute positively to the

economic enhancement of the affected area and the city, particularly with regard to providing a

broad mix of uses, diverse housing, and diverse employment opportunities, including, but not

limited to, whether the construction workforce employed on all phases of the project will be paid

no less than the prevailing minimum wages established for public works projects pursuant to HRS

Chapter 104.

(F) When an applicant seeks to exceed the base height or density through a special district permit, the

following conclusions must be made:

(i) Additional project elements that provide community benefits beyond what would otherwise be

required have been incorporated into the project plan, as described in Section 21-9.100-9(e);

(ii) The increase in height or FAR is reasonably related to the level of community benefits

provided;

(iii) The additional FAR or height will not be detrimental to the quality of the neighborhood

character or urban design, and will not negatively impact any adopted public views; and

(iv) The provision of community benefits in conjunction with the increase in FAR or height will

further the goals and objectives of the TOD special district and the applicable neighborhood

TOD plan.

(2) Building area. Within the TOD special district, the building area standard for zoning lots in the

apartment mixed-use and industrial mixed-use districts, as set forth in Tables 21-3.3 and 21-3.5,

respectively, are not applicable.

(3) Yards, setbacks, street facade, and building placement.

(A) Required yards (in feet) in a TOD special district are as follows:

Required Yard Standards

2 and BMX

Districts

Apartment and

Apartment Mixed

Use Districts

Industrial and

Industrial Mixed

Use Districts

nimum Front

Setback

All Streets

Maximum Front

Key Street

Setba

Non

Key Street

N/A

Front yard may be reduced, pursuant to requirements in Section 21-9.100-8(a)(3)(C).

21-9.100-8 REVISED ORDINANCES OF HONOLULU

(B) The maximum setback must be measured from the front property line to the exterior face of the

building. See Figures 21-9.3 and 21-9.4.

(i) A paved public sidewalk at least eight feet in width fronts the building; or

(ii) Other buildings on the same block and sharing the same street frontage are set back less than

five feet from the property line, and the proposed building location will match the existing

setback(s) so that the proposed building facade creates a consistent building alignment.

(D) Street facade and building placement.

(i) On corner lots fronting at least one key street, buildings must be located within 30 feet of such

corner. See Figure 21-9.5.

(ii) On a lot with a street frontage of 100 feet or less per frontage, the ground floor building facade

must be placed within the maximum front setback for at least 75 percent of the linear street

frontage. See Figure 21-9.6.

(iii) On a lot with a street frontage greater than 100 feet per frontage, the ground floor building

facade must be placed within the maximum front setback for at least 65 percent of the linear

street frontage. See Figure 21-9.7.

(iv) Where a lot fronts two or more key streets, the applicant may designate one of the streets or

corners for purposes of street facade and building placement. The structure must be placed

within the maximum setback on at least one key street. Setback improvements must be

provided along all key street frontages, as set forth in Section 21-9.100-8(a)(3)(E). See

Figures 21-9.8 and 21-9.9.

(E) Setback improvements.

(i) For structures within 15 feet of the property line with commercial or industrial uses on the

ground floor, the setback area between the property line and the building facade must be

improved with a combination of hardsurface, landscaping that does not obstruct pedestrian

access to the setback area, and pedestrian amenities, such as outdoor dining, benches and

publicly accessible seating, shade trees, portable planters, trash and recycling receptacles,

facilities for recharging electronic devices, Wi-Fi service, bicycle facilities, or merchandising

displays. Awnings and other sunshade devices may exceed the 36-inch horizontal projection

limit established in Section 21-4.30(b).

(ii) For ground-floor residential uses, covered porches, stoops, or lanais may encroach into the

required front yard. Other portions of the front yard must be landscaped, except for necessary

access drives and walkways.

(F) For lots on key streets in the apartment mixed-use districts, walls and fences located between the

property line and the front facade of a building set back 15 feet or less must not exceed three feet in

height.

(G) Where a side yard, rear yard, or zoning district boundary line abuts a designated bike-walk

greenway, a 10-foot setback must be provided. This setback area must be landscaped or improved

with a combination of hardsurface, landscaping, and pedestrian amenities, such as benches, shade

trees, water fountains, or bicycle facilities to enhance the greenway user experience. The setback

area may also be used for convenience or commercial purposes that support the users of the bike-

walk greenway, such as outdoor dining, merchandise displays, bicycle repair stations, and

refreshment kiosks. No fences, other than openwork fences that do not exceed four feet in height,

may be erected within the 10-foot setback area. For the purposes of this section, “openwork”

means at least 50 percent open.

(H) If a street tree plan or TOD special district street tree plan exists for the street that fronts the

project, the applicant must install street trees, as required by the director.

(I) The standards of this subdivision may be modified through a special district permit where at least

one of the following conclusions can be made:

(i) Irregular property lines, lot configuration, or topography of the site render the yards, setbacks,

street facade and building placement standards infeasible;

(ii) The existing built environment is arranged in such a way that the yards, setbacks, street

facade, and building placement standards are incompatible or unreasonable, and better overall

design can be achieved by following existing development patterns; or

LAND USE ORDINANCE 21-9.100-8

(iii) The proposed building placement provides for publicly accessible, highly usable parks or

gathering spaces, and will not detract from the purposes of the special district.

(4) Building orientation and entrances.

(A) Building facades must be predominantly oriented to and parallel with the street, property line, or

adjacent public spaces. A primary building entrance must be placed on that street frontage. See

Figures 21-9.10 through 21-9.12.

(B) Where multiple businesses are located along the front facade of the ground floor of a building, each

establishment must have a separate entrance on that street frontage.

pedestrian plaza.

(D) These requirements may be modified through a special district permit if irregular property lines, lot

configuration, or topography of the site renders them infeasible.

(5) Building transparency, blank wall limits and required openings for ground-floor facades.

(A) Building facades within 20 feet of a front or street-facing property line must contain windows,

doors, or other openings for at least 60 percent of the building facade area located between 2.5 and

7 feet above the level of the sidewalk. See Figure 21-9.13. Blank walls cannot extend for more

than 25 feet in a continuous horizontal plane without an opening on the ground floor of a building,

provided:

(i) Along key streets, this provision applies to all buildings, except for the portions of a building

with residential dwelling units on the ground floor. Residential lobbies are subject to the

transparency standard; and

(ii) Along non-key streets, structures with residential or industrial uses on the ground floor are

exempt from this standard.

(B) Openings fulfilling this requirement must be designed to provide views into work areas, display

areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three

feet deep.

permit provided:

(i) The proposed use has unique operational characteristics for which the required windows and

openings are incompatible, such as in the case of a cinema or theater; and

(ii) Street-facing building facades will exhibit architectural relief and detail, and will be enhanced

with landscaping and street furniture, or provide canopies and awnings in such a manner as to

create visual interest at the pedestrian level and activate the sidewalk area.

(6) Pedestrian walkways. Walkways with a minimum five-foot unobstructed width must be provided

according to the following standards:

(A) Pedestrian walkways must create internal connections by connecting all buildings on a site to each

other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or

pedestrian amenities. See Figures 21-9.14 and 21-9.15;

(B) Pedestrian walkways must connect the principal pedestrian entryway to a sidewalk on each street

frontage;

mixed use developments on lots one acre or more in size whenever possible; and

(D) Where walkways cross or are parallel to driveways, parking areas, or loading areas, they must be

clearly identifiable through the use of different paving materials or other visual markings.

(b) Specific Use Development Standards.

(1) All new development proposing more than 10 residential dwelling or lodging units, or both, must satisfy

the affordable housing requirements of Chapter 38.

(2) Outdoor dining areas are subject to the following:

(A) A planter or hedge of not more than 30 inches in height may be provided in the required yard to

define the perimeter of the outdoor dining area;

(B) Outdoor dining facilities are limited to chairs, tables, serving devices, and umbrellas. When

umbrellas are used, they will not be counted against open space calculations; and

21-9.100-8 REVISED ORDINANCES OF HONOLULU

(1) Number and location of off-street parking spaces.

(A) There are no minimum parking requirements for non-residential uses.

(B) The minimum parking requirement for residential dwelling units is as follows:

Off

Street Parking Requirements for Dwelling or

Lodging Units

Floor area of unit

Requirement

300 sq. ft. or less

301

600 sq. ft.

0.5

601

800 sq. ft.

0.75

Over 800 sq. ft.

conclusions can be made:

(i) The application demonstrates how the anticipated transportation demand of the future

residents and users of the project site will be accommodated; and

(ii) A parking and transportation demand analysis demonstrates that a modification of the parking

requirements will not be detrimental to the surrounding neighborhood. The analysis must

include: (1) an inventory of all on- and off- street parking spaces within the vicinity of the

project site; (2) a survey of current and anticipated parking space utilization; and (3) a survey

of the current and anticipated use of other modes of transportation. The analysis should also

consider strategies such as shared parking agreements, bicycle facilities, bicycle sharing

stations, car-sharing, and improved pedestrian mobility.

(2) At-grade parking spaces and parking on the ground floor of any structure cannot be located within 40

feet of any front property line. See Figures 21-9.8 and 21-9.9. Exceptions may be granted with the

approval of a special district permit if the director finds that:

(A) Buildings are built as close as possible to the public sidewalk; and

(B) The site is small and constrained such that underground, structured, and surface parking located

more than 40 feet from the street frontage cannot be accommodated.

(3) Service areas and loading spaces must be located at the side or rear of the site. This requirement may be

modified through a special district permit if the director finds that the size and configuration of the lot

make such a requirement infeasible.

(4) Vehicular access must be provided from a secondary street wherever possible and located where it is

least likely to impede pedestrian circulation, as approved by the appropriate agencies.

(5) The ground floor of parking structures on all streets must be designed and used for active ground floor

activities within 40 feet of the front property line.

(6) Bicycle Parking.

(A) A covered, single-story, stand-alone bicycle parking structure will not be considered floor area for

the purposes of FAR calculation.

(B) Bicycle parking within enclosed parking structures must be located as close as is feasible to an

entrance of the facility so that it is visible from the street or sidewalk. Where the bicycle parking is

not visible from the front entrance, signage indicating the location of bicycle parking must be

utilized. The provision of a fenced and gated area for secure bicycle parking within the structure is

encouraged.

LAND USE ORDINANCE 21-9.100-8

permit if the director finds that there is adequate bicycle parking in the immediate vicinity,

including, but not limited to, public bicycle parking in the right-of-way or private bicycle parking

on nearby lots, if such parking is both perpetually accessible to the users of the project location,

and designed in such a way that pedestrians and cyclists can easily recognize the availability of the

bicycle parking.

(d) Nonconformities. The provisions of Section 21-4.110 apply, except as provided in this subsection.

(1) Structures and uses that are nonconforming prior to the adoption of a TOD special district and that do

not conform to the TOD special district standards are subject to the provisions of Section 21-4.110.

(2) Uses that became nonconforming with the adoption of a TOD special district and zoning map

amendments may be expanded to other parts of an existing structure or structures on a lot provided no

new floor area devoted to such nonconforming use is proposed.

(3) Structures that became nonconforming with the adoption of a TOD special district and zoning map

amendments may be repaired and modified where there is no proposed increase in floor area. Structural

repairs that do not enlarge or extend the structure, and exterior repairs and renovations that will not

modify the arrangement of buildings on the lot may be allowed, provided that if any portion of a

nonconforming structure is destroyed by any means to an extent of more than 90 percent of its

replacement cost at the time of destruction, it cannot be reconstructed, except in conformity with the

provisions of this chapter.

(4) The addition of floor area on a structure that became nonconforming with the adoption of a TOD special

district and zoning map amendments may be allowed, provided the proposed development complies

with all applicable development standards or does not increase the nonconformity.

(5) Existing structures on lots with nonconforming site development may be repaired and modified, and

will not be subject to value limits on repairs or renovation work performed. Where the work involves

new floor area or reconfiguration of the site, the new work must comply with the TOD special district

uses and standards in Sections 21-9.100-7 and 21-9.100-8.

(6) Where proposed improvements to nonconforming structures or nonconforming site development meet

the standards of the underlying zoning but not the TOD special district uses and standards in Sections

21-9.100-7 and 21-9.100-8, the applicant may seek a special district permit to allow the development

where the director can find:

(A) The proposed development is not detrimental to the special district, surrounding neighborhood, or

streetscape; and

(B) The proposal includes measures to mitigate the impacts of the proposed development, or provides

other community benefits to increase the conformity of the site overall with the special district

standards.

(e) Signage. TOD-related way-finding signage will be considered “public signs” for purposes of Article 7.

(Added by Ord. 17-54)

REVISED ORDINANCES OF HONOLULU

LAND USE ORDINANCE

REVISED ORDINANCES OF HONOLULU

LAND USE ORDINANCE

21-188.19 (Honolulu Supp. No. 31, 10-2019)

REVISED ORDINANCES OF HONOLULU

LAND USE ORDINANCE

21-9.100-9 REVISED ORDINANCES OF HONOLULU

Sec. 21-9.100-9 TOD special district permits.

(a) Where a TOD special district permit is sought to modify development standards pursuant to Sections 21-

9.100-7 and 21-9.100-8, the application must show that:

(1) The proposed project is generally consistent with the neighborhood TOD plan for the area; and

(2) The proposed project meets the findings identified under each specific development standard for which

modification is sought.

(b) Where a TOD special district permit is sought because the lot is an acre or more in size, or when height or

density bonuses are sought, the proposed development must have a cohesive overall design that meets the

goals and objectives of the TOD special district, pursuant to Sections 21-9.100-4 and 21-9.100-6, and is

generally consistent with the neighborhood TOD plan for the area. The project plan must show how the

development positively contributes to the neighborhood transportation network, including pedestrian paths

and connectivity. The application must also show how the proposed development generates active uses and

streetscapes, and contributes to neighborhood vitality.

use district, the application must show how the residential units will be integrated into the neighborhood and

how any potential conflicts among the industrial, commercial, and residential uses will be mitigated.

Additionally, the application must provide a review of the adequacy of public utilities and facilities,

including sewer, water, and roadway systems, for the proposed dwelling units, and, where necessary, a plan

to upgrade any utilities that are inadequate for the proposed use.

(d) Where a special district permit is sought and the project proposes to develop more than 10 residential

dwelling or lodging units, or both, the application must show how the affordable housing requirements of

Chapter 38 will be satisfied.

(e) Community benefits must be proposed in the TOD special district permit application to justify height and

density bonuses, or to mitigate the impacts related to the modification of TOD special district development

standards. Where community benefits are proposed, they must meet the following standards:

LAND USE ORDINANCE 21-9.100-9

(1) Where open space is provided as a community benefit for a TOD special district permit, it must meet

the following minimum qualifications:

(A) The area dedicated to open space must be at least 2,000 contiguous square-feet, or an area equal to

at least five percent of the maximum permitted floor area on the lot, not including floor area

bonuses being sought, whichever is greater;

(B) The land dedicated to open space may include required yards, provided all open space must have a

minimum average width and depth of 20 feet and a slope no greater than 10 percent across the open

space;

These spaces should be pedestrian-oriented and provide public accommodations, such as, but not

necessarily limited to, benches and seating, shaded areas, restrooms, trash and recycling

receptacles, facilities for recharging electronic devices, telecommunications facilities, and bicycle

facilities. Open space must be surfaced with a combination of trees, landscaped groundcover, and

hardscape materials. It must include benches or other seating, shade structures, drinking fountains,

water features, public art, trash receptacles, information kiosks, performance areas, or other similar

amenities; and

(D) The open space may be provided on-site, off-site within the same special district, or through a

combination of both;

(2) Where affordable housing is provided as a community benefit for a TOD special district permit, the

affordable housing must be in addition to the affordable housing requirements of Chapter 38; and

(3) Where streetscape improvements are provided as a community benefit for a TOD special district permit,

the improvements must be in compliance with any adopted “complete streets” guide, manual, or

ordinance.

(Added by Ord. 17-54)

Sec. 21-9.100-10 Planned development-Transit (PD-T) projects.

The purpose of the PD-T permit is to provide opportunities for creative, catalytic redevelopment projects

within a TOD special district that would not be possible under a strict adherence to the development standards of

this chapter. Qualifying projects must demonstrably exhibit those kinds of attributes that are capable of

promoting highly effective transit enhanced neighborhoods, including diverse employment opportunities, an

appropriate mix of housing types, support for multimodal circulation, and well-designed publicly accessible and

usable spaces. Flexibility may be provided for density, height and height setbacks, yards, open space,

landscaping, streetscape improvements, parking and loading, and signage when timely, demonstrable

contributions are incorporated into the project benefiting the community, supporting transit ridership, and

implementing the vision, goals, and objectives of the TOD special district stated in Section 21-9.100-6.

Reflective of the significance of the flexibility represented by this option, it is appropriate to approve projects

conceptually by legislative review and approval prior to a more detailed administrative review and approval by

the department.

(a) Eligibility. PD-T projects may be permitted on zoning lots that meet the following standards:

(1) PD-T projects are permitted on zoning lots with a minimum project size of at least one acre. Multiple

lots may be part of a single PD-T project if all of the lots are under a single owner or lessee holding

leases with a minimum of 30 years remaining in their terms. Multiple lots in a single project must be

contiguous; provided that lots that are not contiguous may be part of a single project if all of the

following conditions are met:

(A) The lots are not contiguous solely because they are separated by a street or right-of-way; and

(B) Each noncontiguous portion of the project, whether comprised of a single lot or multiple

contiguous lots, must have a minimum area of 20,000 square feet.

When a project consists of noncontiguous lots as provided above, pedestrian walkways or functioning

design features connecting the separated lots are strongly encouraged to unify the project site. Multiple

lots that are part of an approved single PD-T project will be considered and treated as one zoning lot for

purposes of the project without requiring a separate conditional use permit-minor for a joint

development.

(2) This subsection does not apply to landscape lots, right-of-way lots, or other lots utilized for similar

utilitarian (infrastructure) purposes.

21-9.100-10 REVISED ORDINANCES OF HONOLULU

(b) Standards for Review.

(1) All of the development standards of a TOD special district will apply to PD-T projects, unless otherwise

noted in this section. Greater height and density bonuses are available to PD-T projects and the

development standards may be modified in any way that would normally be allowed through a special

district permit. The degree of flexibility sought through the PD-T process must be reasonably related to

the community benefits provided. The highest degree of flexibility may be authorized by this permit for

those projects that demonstrate those standards enumerated in Section 21-9.100-8(a)(1)(E) and

described in Section 21-9.100-9(b).

(2) PD-T projects must be generally consistent with the approved neighborhood TOD plan for the affected

area.

for PD-T projects. When applicants seek the modification of TOD special district standards, the

modification must be for the purpose of accomplishing the goals and objectives of the TOD special district.

Also, the modification must be commensurate with the contributions provided in the project plan, and the

project must be generally consistent with the neighborhood TOD plan for the area.

(1) Density. Pursuant to Section 21-9.100-8(a)(1)(A), the maximum allowable density will be as follows:

(A) In BMX-3 and B-2 districts, the maximum FAR may be up to seven;

(B) In the apartment and apartment mixed use districts, the maximum FAR may be up to twice that

allowed by the underlying zoning district; and

underlying zoning district.

(2) The maximum height cannot exceed the bonus height limit shown as the parenthetical number on the

zoning maps.

(3) Transitional height or height setbacks may be modified where adjacent uses and street character will not

be adversely affected.

(4) PD-T projects proposing more than 10 residential dwelling or lodging units, or both, must satisfy the

affordable housing requirements of Chapter 38. If affordable housing is provided as a community

benefit to justify flexibility with respect to development standards, the affordable housing must be in

addition to the affordable housing requirements of Chapter 38.

(d) Application Requirements. An application for approval of a PD-T project must contain:

(1) A project name;

(2) A location map;

(3) A site plan showing property lines, the locations of buildings and the other major structures on the same

and adjacent lots, building access and activity zones, the proposed open space and landscaping system,

access and circulation for vehicles, bicycles, and pedestrians, bus or trolley stops, and other major

activities;

(4) A narrative description of the overall development and urban design concept; the building height and

density; the basic form and number of structures; the relationship of buildings to each other and the

streets; the general mix of uses; the estimated number of proposed dwelling or lodging units; the

proposed mix of housing types; the ways the project positively contributes to TOD; the ways the project

is consistent with the applicable neighborhood TOD plan; the usable, publicly-accessible space and

landscape plans; how the project supports walking, bicycling, and active living; proposals to enhance

multimodal circulation and access; the proposed off-street parking and loading; and the possible impacts

on security, public health and safety, infrastructure and public utilities;

(5) Details of the project, including calculations of proposed floor area, FAR, height limits, open spaces,

landscaped areas, areas dedicated to parking, and any other significant calculations;

(6) A narrative description of the proposed public amenities and community benefits the project will

provide. The narrative must describe how the amenities and benefits are commensurate with the design

flexibility being requested, and how they will benefit the TOD special district and the neighborhood;

(7) An open space plan, showing the reservation of land for public, semi-public, and private open space,

including parks, plazas, and playgrounds, and an integrated circulation system plan, showing the

proposed movement of vehicles, goods, pedestrians, and bicyclists within the project area and adjacent

areas, including streets and driveways, sidewalks and pedestrian ways, bicycle lanes, bicycle tracks, and

multi-use paths, off-street parking, and loading areas;

LAND USE ORDINANCE 21-9.100-10

(8) A discussion of any impacts to any cultural or historic resources, as well as any public view protected

by law or ordinance;

(9) A parking and loading management plan or transportation demand management plan, or both;

(10) A wind and shadow study to analyze the effects of mid-rise and high-rise structures, particularly

anticipated effects at the ground level. Where adverse effects are anticipated, mitigative measures must

be included in the proposal;

(11) If applicable, a discussion of how the proposed project will satisfy the affordable housing requirements

of Chapter 38; and

(12) Any other information deemed necessary by the director to ascertain whether the project meets the

requirements of this section.

(e) Procedures. Applications for approval of PD-T projects will be processed in accordance with Section 21-

2.110-2. Fees will be as enumerated for Planned Development applications in Section 6-41.1(a)(19).

(f) Conceptual Plan for a Project. The council must approve the conceptual plan for the project before the final

PD-T permit approval can be granted. The approved conceptual plan must set forth the allowable uses and

the site development and design standards for density, height, transitional height and street setbacks, yards,

open space, landscaping and screening, parking and loading, bicycle parking, and signs if the uses and

standards depart from the uses and standards applicable in the underlying zoning district or TOD special

district. If applicable, the approved conceptual plan must also show how the proposed project will satisfy the

affordable housing requirements of Chapter 38.

(g) Guidelines for Review and Approval of the Conceptual Plan for a Project. Prior to or concurrently with its

approval of a conceptual plan for a PD-T project, the council shall find that the project concept, as a unified

plan, is in the general interest of the public, and, that:

(1) Requested project boundaries and requested flexibility with respect to TOD special district development

standards and use regulations are consistent with the TOD special district objectives stated in Section

21-9.100-6, and this section; and

(2) Requested flexibility with respect to development standards and use regulations to allow up to 10

dwelling units in the IMX-1 district is commensurate with the public amenities and community benefits

proposed.

(h) Deadline for Obtaining Building Permit for a Project.

(1) A council resolution approving a conceptual plan for a PD-T project must establish a deadline within

which the building permit for the project must be obtained. For multiphase projects, deadlines must be

established for obtaining building permits for each phase of the project. The resolution must provide

that the failure to obtain any building permit within the prescribed period will render null and void the

council’s approval of the conceptual plan and all approvals issued thereunder; provided that in

multiphase projects, any prior phase that has complied with the deadline applicable to that phase will

not be affected. A revocation of a building permit pursuant to Section 18-5.4 after the deadline will be

deemed a failure to comply with the deadline.

(2) The resolution must further provide that a deadline may be extended as follows:

(A) The director may extend the deadline for one year if the applicant demonstrates good cause;

(B) If the applicant requests an extension beyond one year from the initial deadline and the director

finds that the applicant has demonstrated good cause for the extension, the director shall prepare

and submit to the council a report on the proposed extension, which must include the director’s

finding, recommendations and a proposed resolution approving the extension;

deny the proposed extension by resolution;

(D) If the council fails to take final action on the proposed extension within the first to occur of:

(i) 60 days after the receipt of the director’s report; or

(ii) The applicant’s then-existing deadline for obtaining a building permit;

the extension will be deemed to be denied; and

(E) The director shall notify the council in writing of any extensions granted by the director that do not

require council approval.

21-9.100-10 REVISED ORDINANCES OF HONOLULU

(i) Further Processing by Director. If the council approves the conceptual plan for the PD-T project, the

application, as approved in concept by the council, will continue to be processed by the director as provided

under Section 21-2.110-2. Additional documentation may be required by the director as necessary. The

following criteria must be used by the director to review applications:

(1) The project must conform to the approved conceptual plan and any conditions established by the council

in its resolution of approval. Any significant change to the conceptual plan will require a new

application and approval by the council. The director may approve changes to the project that do not

significantly alter the size or nature of the project, if the changes remain in conformance with the

conceptual plan and any conditions established by the council; and

(2) The project must implement the goals and objectives of this section.

(Added by Ord. 17-54)

Sec. 21-9.100-11 TOD special district–Project classification.

Refer to Table 21-9.8 to determine whether specific categories of projects will be classified as major, minor,

or exempt. For the purposes of this section, in addition to Section 21-9.20-2(c), the term “exempt” means projects

that are in full compliance with the standards and objectives of a TOD special district.

LAND USE ORDINANCE 21-9.100-11

Table 21

9.8

TOD Special District

Project Classification

Activity/Use

Required Permi

Special Conditions

Major modification, additions, or new construction on

sites one acre or more in size

M/m Projects on key streets are major. All others will

be minor, unless the director has determined that

the project may result in substantial impac

ts.

Alterations or repair on sites one acre or more in size

Major modification, alteration, repair, additions, or

new construction on sites less than one acre in size

Interior repairs, alter

ations and renovations to all

structures

Modifications to height or FAR M Projects seeking a maximum FAR of up to 3.5 are

major. Projects seeking a bonus height that does

not exceed the lesser of 50 percent of the total

bonus height available, or 50 feet, are major. All

other projects seeking densities or heights beyond

the base limits specified in Sections 21-9.100-

8(a)(1)(A) and 21

9.100

8(a)(1)(D) are PD

Modification to the following standards:

• Yards and setbacks

• Street facade and building placement

• Building orientation and entrances

• Building transparency

• Number of parking stalls

• Location of above ground surface parking

• Location of service area and loading spaces

• Bicycle parking

• The commercial use density and location provisions

in the apartment mixed use districts

• Additional commercial density in the apartment

mixed use districts.

• Reconfiguration of sidewalk area

Where modifications to the standards are otherwise

covered in a major permit, the minor permit is not

required.

Demolition of structures

Residential units in th

e IMX

1 district

Streetscape improvements, including street furniture,

light fixtures, sidewalk paving, bus shelters and other

elements in public rights-of-way when part of the

development of a zoning lot

m/E

If the director has determined that the pro

ject may

result in substantial impacts to a TOD special

district, a minor permit is required; otherwise

exempt.

Where addressed as part of another permit, a minor

permit is not required.

Major above-grade infrastructure improvements not

covered elsewhere, including new roadways, road

widenings, new substations, new parks and

significant improvements to existing parks

m/E If the director has determined that the project may

result in substantial impacts to a TOD special

district, a minor permit is required; otherwise

exempt.

21-9.100-11 REVISED ORDINANCES OF HONOLULU

Table 21-9.8

TOD Special District

Project Classification

Activity/Us

Required Permit

Special Conditions

Minor above-grade infrastructure improvements not

covered elsewhere; all below-grade infrastructure

improvements; and all emergency and routine repair

and maintenance work

A special district permit is not required for activities and uses classified as exempt, as well as other project types that do not fall into one

of the categories listed above. These activities and uses, however, must still conform to the applicable objectives and standards of the

special district. This conformance will be determined at the building permit application stage.

Legend: Project classification: M = Major; m = Minor; E = Exempt

(Added by Ord. 17-54)

Sec. 21-9.100-12 TOD special district boundaries.

(a) The West Loch Station area TOD special district boundaries are designated on Exhibit 21-9.19, set out at the

end of this article.

(b) The Waipahu Transit Center Station area TOD special district boundaries are designated on Exhibit 21-9.20,

set out at the end of this article.

(Added by Ord. 17-54)

(Honolulu Supp. No. 31, 10-2019) 21-188.28

{Exhibits 21-9.1 through 21-9.10}

LAND USE ORDINANCE

....

EXHIBIT 21-9.10-A

CHINATOWN SPECIAL DISTRICT HISTORIC AND ARCHITECTURALLY SIGNIFICANT STRUCTURES

Tax Map Key

Address1

Building Name

1-7-01: 2

55 N. Nimitz Hwy.

Pier 13 & 14

1-7-02: 2

800 Nuuanu Ave.

Fisher Hawaii Building

1-7-02: 4

State of Hawaii (shops)

1-7-02: 4

925 Maunakea St.

Fireboat Fire Station

1-7-02: 8

83 N. King St.

Goodwill Industries

1-7-02: 9,45

75 N. King St.

D. Dam/N. Tam

1-7-02: 11

900 Maunakea St.

M. Kawahara & T. Sato

1-7-02: 13

128 N. Nimitz Hwy.

C. Q. Yee Hop (stone)

1-7-02: 16

905 Kekaulike St.

Nimitz & Kekaulike

1-7-02: 17,18

915 Kekaulike St.,

937 Kekaulike St.

King & Kekaulike

1-7-02: 19,21

943 Kekaulike St.,

125 N. King St.

Fish Market

1-7-02: 23

101 N. King St.

Bank of Hawaii

1-7-02: 24

950 Maunakea St.

Dentist

1-7-02: 25

922 Maunakea St.

J. H. Schnack

1-7-02: 26

902 Kekaulike St.

Holau Market

1-7-02: 28

175 N. King St.

McCandless

1-7-02: 29

165 N. King St.

Musashiya

1-7-02: 34

145 N. King St.

Oahu Market

1-7-02: 35

2 Marin St.

T. R. Foster/Spaghetti-2 Bldg.

1-7-02: 39

1 N. King St.

One North King

1-7-02: 40

928 Nuuanu Ave.

Nippu Jiji

1-7-02: 45

69 N. King St.

Oka

1-7-03: 1

2 N. King St.

Hocking Hotel

1-7-03: 2

36 N. King St.

United Chinese Society

1-7-03: 4,97

39 N. Hotel St.

Swing Club

1-7-03: 5

29 N. Hotel St.

29-31 Hotel Street

1-7-03: 6

15 N. Hotel St.

Nuuanu Shops

1-7-03: 7

1 N. Hotel St.

Gallery

1-7-03: 8

1044 Nuuanu Ave.

McCandless Property

1-7-03: 9

1038 Nuuanu Ave.

Kim Chow

1-7-03: 10

72 N. King St.

Hawaii National Bank

1-7-03: 11

80 N. King St.

Lum Yip Kee

1-7-03: 12

90 N. King St.

Lee & Young

1-7-03: 15

61 N. Hotel St.

Bath Palace

1-7-03: 15

61 N. Hotel St.

Mendonca (makai)

1-7-03: 16

51 N. Hotel St.

Mendonca (small, corner)

1-7-03: 18,90

116 N. King St.

D & B’s Lunch

1-7-03: 19

124 N. King St.

Uptown Jewelers

1-7-03: 25

119 N. Hotel St.

Lum Yip Kee 1936

1-7-03: 26

111 N. Hotel St.

Wo Fat

1-7-03: 28

1020 Kekaulike St.

Arita Store

1-7-03: 28

1020 Kekaulike St.

Kekaulike Building

1-7-03: 29,66

170 N. King St.

Lee Building

1-7-03: 30,31

72-74

178 N. King St.,

182 N. King St.

N. King & River Streets

1-7-03: 32

165 N. Hotel St.

Wong Building

1-7-03: 33

159 N. Hotel St.

LDCST BenevSoc

1-7-03: 37

102 N. Hotel St.

Siu Building

1-7-03: 42

158 N. Hotel St.

Wong

1-7-03: 45

175 N. Pauahi St.

Komeya Apartments

1-7-03: 48

1138 Maunakea St.

Sumida Building 1926

1-7-03: 49

1130 Maunakea St.

Lum Yip Kee 1920

1-7-03: 50

1110 Maunakea St.

Lee Building

1-7-03: 51

54 N. Hotel St.

Mendonca

1-7-03: 52

1125 Maunakea St.

Ket On Society

1-7-03: 55

65 N. Pauahi St.

Barbershop

1-7-03: 56

2 N. Hotel St.

Encore Saloon Building

1-7-03: 57

24 N. Hotel St.

24 Hotel Street (Mel’s)

1-7-03: 58

30 N. Hotel St.

Risque

1-7-03: 59

42 N. Hotel St.

Kuo Min Tang

1-7-03: 59

42 N. Hotel St.

Young Market

1-7-03: 59

50 N. Hotel St.

Mini Garden

1-7-03: 62

1126 Nuuanu Ave.

Love’s Bakery

1-7-03: 63

1136 Nuuanu Ave.

McCandless Block

1-7-03: 64

1118 Nuuanu Ave.

Lai Fong

1-7-03: 66,29

158 N. King St.

United Press, Ltd.

1-7-03: 75

136 N. King St.

L. Ah Leong

1-7-03: 76

1034 Maunakea St.

Cindy’s Leis

1-7-03: 81

1021 Smith St.

1-7-03: 83

21 N. Hotel St.

Club Hubba Hubba

1-7-03: 84-89

1023 Maunakea St.

Chung Chong Yuen

1-7-03: 96

1120 Maunakea St.

Colusa Building (part of Maunakea Marketplace)

1-7-03: 98

1128 Smith St.

1128 Smith Street

1-7-04: 1

1150 Nuuanu Ave.

Four Seas Chop Suey

1-7-04: 8

1162 Nuuanu Ave.

Bo San Ton

1-7-04: 9

1158 Nuuanu Ave.

Oweco World Travel

1-7-04: 11

1149 Maunakea St.

Yanin Ltd. Building

Tax Map Key Address1 Building Name

1-7-04: 13

1159 Maunakea St.

Tsung Tsin Association

1-7-04: 16

1165 Maunakea St.

Old Jailhouse (stone building)

1-7-04: 18

83 N. Beretania St.

Hai On Tong

1-7-04: 19

73 N. Beretania St.

79 N. Beretania Street

1-7-04: 21,22

53 N. Beretania St.

OK Restaurant (2 sections)

1-7-04: 25

1146 Smith St.

Golden Harvest

1-7-04: 28

1152 Maunakea St.

Minatoya Sukiyaki

1-7-04: 36

171 N. Beretania St.

Fong Building

2-1-02: 12

901 Bethel St.

Kamehameha V Building

2-1-02: 19

63 Merchant St.

Bishop Bank Building

2-1-02: 20

51 Merchant St.

Melcher Building

2-1-02: 24,57

842 Bethel St.

Old Honolulu Police Station

(Walter Murray Gibson Building)

2-1-02: 32

924 Bethel St.

The Friend

2-1-02: 33

908 Bethel St.

Honolulu Publishing Co.

2-1-02: 34

16 Merchant St.

2-1-02: 35

2 Merchant St.

Royal Saloon

2-1-02: 37

923 Nuuanu Ave.

Wing Wo Tai

2-1-02: 42

2 S. King St.

King’s Court/First Federal

2-1-03: 16

1121 Nuuanu Ave.

McLean Block

2-1-03: 17

2 S. Hotel St.

Perry Block 1888

2-1-03: 18

1129 Nuuanu Ave.

Pantheon Bar

1In the event the listed addresses are not consistent with the tax map keys or building names, the tax map keys

and

building names shall prevail.

(Am. Ord. 10-19)

{Exhibit 21-9.11}

LAND USE ORDINANCE

REVISED ORDINANCES OF HONOLULU

LAND USE ORDINANCE

EXHIBIT 21-9.13A

Modification to Waikiki Special District Zoning Precincts

REVISED ORDINANCES OF HONOLULU

LAND USE ORDINANCE

EXHIBIT 21-9.14*

LAND USE ORDINANCE

(Added by Ord. 18-44)

REVISED ORDINANCES OF HONOLULU

(Added by Ord. 18-44)

LAND USE ORDINANCE

(Added by Ord. 18-44)

REVISED ORDINANCES OF HONOLULU

EXHIBIT 21-9.19 West Loch Station Area

(Added by Ord. 17-54)

LAND USE ORDINANCE

EXHIBIT 21-9.20 Waipahu Transit Center Station Area

(Added by Ord. 17-54)