(a) No business, merchandising displays, uses, structures, or umbrellas, shall be located or carried on within any required yard or street setback except for the following:
(1) Public utility poles;
(2) Customary yard accessories, such as clotheslines and their supports; unroofed trash enclosures not to exceed 6 feet in height; and bollards;
(3) Structures for newspaper sales and distribution;
(4) Fences and retaining walls as provided in subsection (c) and § 21-4.40;
(5) Hawaiian Electric Company transformers, backflow preventers, and other similar public utility equipment;
(6) Signs, other than ground signs, or as restricted by special district provisions;
(7) Bicycle parking, including a fixed bicycle rack for parking and locking bicycles;
(8) The following equipment, not to exceed 4 feet in height, may extend a maximum of 30 inches into the side or rear yard setbacks only:
(A) Freestanding air conditioning equipment meeting the following standards:
(i) The unit shall not exceed allowable decibel levels established pursuant to law; and
(ii) The minimum Seasonal Energy Efficiency Ratio (SEER) shall be:
(aa) Twelve for units of 3 tons or less; and
(bb) Sixteen for units exceeding 3 tons and not exceeding 5 tons;
(B) Other minor mechanical and electrical apparatus; and
(9) Other structures not more than 30 inches in height.
(b) Roof overhangs, eaves, sunshades, sills, frames, beam ends, projecting courses, planters and other architectural embellishments or appendages, and minor mechanical and electrical apparatus with no more than a 30-inch vertical thickness may project into required yards and height setbacks as follows:
Required Yard | Projection |
Less than or equal to 10 feet | 30 inches |
Greater than 10 but less than or equal to 20 feet | 36 inches |
Greater than 20 feet | 42 inches |
Exterior balconies, chimneys, lanais, porte cocheres, arcades, pergolas, or covered passageways are not permitted within required yards.
(c) Other than retaining walls, walls and fences up to a height of 6 feet may project into or enclose any part of a required yard; provided that:
(1) They shall be prohibited in front yards in business, business mixed-use, industrial, and industrial- commercial mixed-use districts;
(2) Walls and fences constructed by public utilities may be up to 8 feet in height, and may be topped with security wire to a total height of 9 feet;
(3) Special district regulations under Article 9 may provide for other restrictions; and
(4) Fences located on land dedicated for agricultural use pursuant to § 8-7.3 may be up to 10 feet in height.
(d) Parking and loading are not allowed in any required yard, except as provided in Article 6.
(1990 Code, Ch. 21, Art. 4, § 21-4.30) (Added by Ord. 99-12; Am. Ords. 03-37, 10-19, 10-24, 20-41)