The director may grant an adjustment from the requirements of this chapter under the following circumstances.
(a) Carports and garages.
(1) When located in a residential district, a one-car or two-car carport or garage may encroach into required front or side yards, including those in special districts, only under the following conditions:
(A) No other viable alternative site exists relative to the location of an existing dwelling (including additions), legally constructed before October 22, 1986, or to the topography of the zoning lot; and
(B) The landowner must authenticate the nonconformity of the existing dwelling, carport or garage, if necessary.
Any carport or garage covered by this subsection must not be converted to or be used for a use other than a carport or garage.
(2) The maximum horizontal dimensions for the carport or garage generally must not exceed 20 feet by 20 feet; provided that the dimensions may be reasonably increased to accommodate an existing retaining wall or similar condition.
(b) Energy-saving rooftop designs. Rooftop designs that incorporate energy-saving features, including but not limited to vented ceilings or louvered skylights, may extend above the height limit or height setback of the underlying zoning district by not more than 5 feet; provided that:
(1) The building is not a detached dwelling unit or duplex; and
(2) The proposal is subject to design review. The roofing treatment must be attractive, give deference to surrounding design, and be an integral part of the design scheme of the building.
(c) Flag lot access width. Where unusual terrain or existing development does not allow the required access drive, the director may:
(1) Adjust the minimum access width no less than ten feet; and
(2) Allow more than dual access to an access drive; provided that the following criteria are met:
(A) The appropriate government agencies do not object to the proposal;
(B) No more than three flag stems or access drives are located adjacent to one another, the access drives do not serve more than five dwelling units, and the combined access drive pavement width does not exceed 32 feet; and
(C) If more than dual access to a flag stem or access drive is proposed, the design results in one common driveway and one curb cut to serve all lots adjoining the flag stems.
(d) Grade irregularities. Where unusual natural deviations occur in grade, the director may adjust the building height envelope to permit reasonable building design. An adjustment may be made only in accordance with the intent of the pertinent district regulations (see Figure 21-2.2).
(e) Lanai enclosures. Lanais that are a part of buildings constructed on or before October 22, 1986, that have reached the maximum permitted floor area, may be enclosed if they meet all of the following criteria:
(1) The enclosure meets a unified design scheme approved by either the condominium association or the building owner, whichever applies;
(2) Other lanais in the building have been similarly enclosed; and
(3) Lanais that have already been enclosed have been done so legally.
(f) Loading requirements—low-rise multi-family dwellings. The director may adjust or waive the loading requirement for low-rise multi-family dwellings, provided that:
(1) The project consists of more than one building;
(2) Buildings do not exceed three stories; and
(3) There is sufficient uncovered parking and aisle or turnaround space to accommodate occasional use for loading.
(g) Off-street parking and loading requirements upon change in use.
(1) Change in use on zoning lot with conforming parking and loading. Notwithstanding Article 6, if there is a change in use on a zoning lot, with no increase in floor area, which would otherwise require the addition of no more than three parking spaces or no more than one loading space, then the director may adjust the number of additional parking or loading spaces required, subject to the following conditions:
(A) There are no reasonable means of providing the additional parking or loading spaces that would otherwise be required, including but not limited to joint use of parking facilities and off-site parking facilities;
(B) There was no previous change in use on the zoning lot to a use with higher parking or loading standards during the five-year period immediately preceding the change in use;
(C) There was no previous grant of an adjustment from parking and loading requirements on the zoning lot pursuant to this subdivision; and
(D) The parking and loading will thereafter be deemed to be nonconforming.
(2) Change in use on zoning lot with nonconforming parking and loading. Notwithstanding § 21-4.110(e)(1), if there is a change in use on a zoning lot, with no increase in floor area, which would otherwise require the addition of no more than three parking spaces or no more than one loading space, nonconforming parking and loading may be continued, with no additional parking or loading spaces being required; subject to the following conditions:
(A) There are no reasonable means of providing the additional parking or loading spaces that would otherwise be required, including but not limited to joint use of parking facilities and off-site parking facilities;
(B) There was no previous change in use on the zoning lot to a use with a higher parking or loading standard during the five-year period immediately preceding the change in use; and
(C) There was no previous grant of an adjustment from parking and loading requirements on the zoning lot pursuant to this subdivision or subdivision (1).
(h) Rebuilding or expansion of a nonconforming ohana dwelling. Nonconforming ohana dwellings may be altered, enlarged, repaired, or rebuilt; provided that all of the following conditions are satisfied.
(1) The ohana dwelling is a nonconforming structure or dwelling unit. An ohana dwelling will be deemed nonconforming when the building permit for an ohana dwelling was issued, and any of the following circumstances apply:
(A) The ohana dwelling is no longer in an ohana-eligible area pursuant to § 21-2.110-3;
(B) The ohana dwelling unit is occupied by persons who are not related by blood, marriage, or adoption to the family residing in the primary dwelling, and the building permit for the ohana dwelling was issued before September 10, 1992;
(C) A declaration of condominium property regime or declaration of horizontal property regime was filed with either the State of Hawaii bureau of conveyances or the State of Hawaii land court on or before December 31, 1988; or
(D) The ohana dwelling was legally established but is no longer allowed pursuant to § 21-8.20(c)(2) and (c)(3);
(2) The building area of the ohana dwelling in combination with the building area of the primary dwelling does not exceed the current maximum building area development standard for the underlying zoning district;
(3) The ohana dwelling complies with all other development standards for the underlying zoning district, including off-street parking standards; and
(4) Unless the ohana dwelling was lawfully established before December 31, 1988, the owners shall comply with § 21-8.20(c)(8) prior to the issuance of any building permit.
(i) Receive-only antenna height. Receive-only antennas may exceed the applicable zoning district height limit, subject to the following conditions:
(1) The zoning lot is not located in a residential district where utility lines are predominantly located underground;
(2) The applicant shall provide evidence to the director that adequate reception by the antenna, for the purposes for which the antenna is designed, cannot be provided anywhere on the zoning lot at or below the applicable zoning district height limit, and the antenna must not extend above a height greater than what is shown by the evidence provided to the director to be necessary to provide adequate reception; provided that in no case may the antenna extend more than 10 feet above the applicable zoning district height limit; and
(3) A receive-only antenna may be placed on top of an existing structure that is nonconforming in height; provided that the antenna must not extend above the height of the structure by more than 10 feet.
(j) Residential height. The director may adjust the second plane of the building height envelope up to a maximum of 35 feet, subject to the following conditions:
(1) The slope of the lot is greater than 40 percent;
(2) There is no reasonable development alternative without an increase in the height envelope; and
(3) The lot must be limited to dwelling use.
(k) Retaining walls. The director may adjust the maximum height of a retaining wall upon finding that additional height is necessary because of safety, topography, subdivision design, or lot arrangement; provided that the aesthetic impact of the wall would not be adverse to the neighborhood and community as viewed from any street. The director may impose reasonable conditions when granting this additional height, such as material used, color, landscaping, terracing, setbacks, and offsets, as may be necessary to maintain the general character of the area.
(l) Rooftop height exemption. Rooftop structures that principally house elevator machinery and air conditioning equipment may extend above the applicable zoning district height limit for structures or portions of structures; provided that all of the following conditions are satisfied:
(1) If the elevator cab opens on the roof, machinery must not be placed above the elevator housing.
(2) The highest point of the rooftop structures must not exceed 5 feet above the highest point of the equipment structures. Rooftop structures principally housing elevator machinery or air conditioning equipment that were installed under a building permit issued before February 9, 1993, will be permitted even if they exceed the 18-foot limit of § 21-4.60(c)(1) so long as they do not exceed 5 feet above the highest point of the equipment structure.
(3) If the building is located in a special district, the special district requirements will prevail.
(4) The proposed rooftop structures will be subject to design review. The design must be attractive, give deference to surrounding design, and be an integral part of the design scheme of the building.
(5) Areas proposed to be covered by the rooftop structure will not be counted as floor area; provided that they are not used for any purpose other than for covering rooftop machinery. Areas used for purposes other than reasonable aesthetic treatment will be counted as floor area.
(m) Sign master plan. A sign master plan is a voluntary, optional alternative to the strict sign regulations of this chapter, intended to encourage some flexibility to achieve good design (including compatibility and creativity), consistency, continuity, and administrative efficiency in the utilization of signs within eligible sites. Under this alternative, and subject to this subsection, the director may approve a sign master plan that permits the exceptions to the sign regulations of this chapter set forth in subdivision (2).
(1) Eligibility. Developments with three or more principal uses on a zoning lot, other than one-family or two-family detached dwellings or duplex units, are eligible for consideration of a zoning adjustment for a sign master plan. An applicant must have the authority to impose the sign master plan on all developments on the zoning lot.
(2) Flexibility. The following exceptions to the sign regulations of this chapter may be permitted pursuant to an approved sign master plan.
(A) Physical characteristics. The maximum number of permitted signs, sign area, and the height and physical dimensions of individual signs, may be modified; provided that:
(i) No sign may exceed any applicable standard relating to height or dimension by more than 20 percent;
(ii) The total permitted sign area for signs that are part of a sign master plan may not be increased by more than 20 percent beyond the total sign area permitted by the underlying sign regulations for the site; and
(iii) The total number of signs that are part of a sign master plan may not exceed 20 percent of the total number of signs permitted by the underlying sign regulations for the site; provided that when computation of the maximum number of permitted signs results in a fractional number, the number of allowable signs will be the next highest whole number.
(B) Sign types. The types of business signs permitted for ground floor establishments may include hanging, marquee fascia, projecting, roof, and wall signs.
(i) When marquee fascia signs are used, the signs may be displayed above the face of the marquee; provided that the signs must not exceed a height of more than 36 inches above the marquee face.
(ii) When wall signs are used, signs displayed as individual lettering placed against a building wall are encouraged.
(C) Sign illumination.
(i) When direct illumination is not otherwise permitted by the underlying sign regulations for the site, sign copy or graphic elements of business or identification signs for ground floor establishments may be directly illuminated; provided that any remaining sign area must be completely opaque and not illuminated.
(ii) Signs for second floor establishments may be indirectly illuminated.
(D) Sign location. An appropriate, consistent pattern for the placement of regulated signs within the project site must be approved in the sign master plan; provided that all signs must be located on the building containing the identified establishment, and no ground sign may be located within a required yard except as may be permitted by this chapter.
(E) The standards and requirements for directional signs, information signs, and parking lot traffic control signs may be established by the director, as appropriate.
(3) Sign master plan approvals. The director may approve a sign master plan only upon a finding that, in addition to the criteria set forth in § 21-2.140-2, the following criteria have been satisfied:
(A) The proposed sign master plan will accomplish the intent of this subsection;
(B) The size and placement of each sign will be proportional to and visually balanced with the building facade of the side of the building on which the sign is located;
(C) All signs regulated by this chapter and maintained on the site will feature the consistent application of not less than one of the following design elements: materials, letter style, color, shape, or theme; and
(D) Except as may be adjusted by the sign master plan, all signs regulated by this chapter and maintained on the site must conform to this chapter.
The director may impose appropriate conditions and additional controls on the approval of a sign master plan.
(4) Implementation.
(A) The director shall maintain a copy of the approved sign master plan for each project to facilitate the expedited processing of sign permits for that project. The director shall review each sign permit application for an individual sign within an affected project for its conformity to the approved sign master plan. Upon determining that the sign permit application conforms to the approved sign master plan, the director shall issue the sign permit for the sign.
(B) Except as otherwise provided in this paragraph, no sign may be maintained on a site subject to an approved sign master plan unless the sign conforms to the sign master plan. If a site has existing signs that will not conform to the approved sign master plan, the master plan must specify a reasonable time period, as approved by the director, for conversion of all existing signs to the design scheme set forth in the approved master plan; provided that in no event may the time period for full conformance exceed one year after the date the sign master plan is approved.
(n) Conversion of accessory structures. An existing, legally established accessory structure constructed before September 14, 2015*, in the country or residential district may be converted to an accessory dwelling unit and allowed to exceed the maximum floor area established by § 21-5.720(c)(1), or be exempted from the off-street parking requirement established by § 21-5.720(c)(4) and contained in Table 21-6.1, subject to the following conditions:
(1) The director must find that viable constraints do not allow the reduction of the floor area of the existing accessory structure; and
(2) The director must find that no feasible alternative off-street parking site exists due to the placement of the structure on, or the topography of, the zoning lot.
(1990 Code, Ch. 21, Art. 2, § 21-2.140-1) (Added by Ord. 99-12; Am. Ords. 99-63, 03-37, 06-15, 09-5, 10-19, 15-41, 17-40, 20-41)
Editor’s note:
* “September 14, 2015” is substituted for “the effective date of this ordinance.”