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Honolulu, HI Code of Ordinances
THE REVISED ORDINANCES OF HONOLULU
TITLE I: ADMINISTRATION
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: THE MAYOR AND EXECUTIVE AGENCIES - ADDITIONAL POWERS, DUTIES, AND FUNCTIONS
CHAPTER 3: ADDITIONAL BOARDS, COMMISSIONS, AND COMMITTEES
CHAPTER 4: ADDITIONAL POWERS AND DUTIES OF COUNCIL AND LEGISLATIVE AGENCIES
CHAPTER 5: SALARIES, EMPLOYMENT, AND BONDING REQUIREMENTS OF ELECTED OFFICIALS AND NON-CIVIL-SERVICE OFFICERS
TITLE II: TAXATION AND FINANCES
CHAPTER 6: FUNDS, FEES, AND LOAN PROGRAMS
CHAPTER 7: RESERVED
CHAPTER 8: REAL PROPERTY TAX
CHAPTER 8A: TAXATION OF TRANSIENT ACCOMMODATIONS
TITLE III: MISCELLANEOUS REGULATIONS
CHAPTER 9: BOTANICAL GARDENS
CHAPTER 10: PUBLIC PARKS AND RECREATION FACILITIES
CHAPTER 11: CHILD CARE
CHAPTER 12: ANIMALS AND FOWLS
CHAPTER 13: STREETS, SIDEWALKS, MALLS, AND OTHER PUBLIC PLACES
CHAPTER 14: PUBLIC WORKS INFRASTRUCTURE
TITLE IV: TRAFFIC AND VEHICLES
CHAPTER 15: TRAFFIC AND VEHICLES
CHAPTER 15A: REGULATIONS OF VEHICLES
CHAPTER 15B: PUBLIC TRANSIT
TITLE V: BUILDING AND CONSTRUCTION CODES
CHAPTER 16: BUILDING CODE
CHAPTER 16A: HOUSING CODE
CHAPTER 16B: BUILDING ENERGY CONSERVATION CODE
CHAPTER 16C: BUILDING MANAGEMENT
CHAPTER 17: ELECTRICAL CODE
CHAPTER 18: FEES AND PERMITS FOR BUILDING, ELECTRICAL, PLUMBING, AND SIDEWALK CODES
CHAPTER 18A: GRADING, SOIL EROSION, AND SEDIMENT CONTROL
CHAPTER 19: PLUMBING CODE
CHAPTER 20: FIRE CODE OF THE CITY AND COUNTY OF HONOLULU
TITLE VI: LAND USE
CHAPTER 21: LAND USE ORDINANCE
CHAPTER 21A: FLOOD HAZARD AREAS
CHAPTER 22: SUBDIVISION OF LAND
CHAPTER 23: STATE LAND USE CLASSIFICATION
CHAPTER 24: DEVELOPMENT PLANS
CHAPTER 25: SPECIAL MANAGEMENT AREAS
CHAPTER 26: SHORELINE SETBACKS
CHAPTER 27: COMMUNITY FACILITIES DISTRICTS
CHAPTER 28: SPECIAL IMPROVEMENT DISTRICTS
CHAPTER 29: AFFORDABLE HOUSING REQUIREMENTS
CHAPTER 30: WATER MANAGEMENT
CHAPTER 31: COMMUNITY ECONOMIC DEVELOPMENT
CHAPTER 32: AFFORDABLE RENTAL HOUSING
CHAPTER 33: DEVELOPMENT AGREEMENTS
CHAPTER 33A: IMPACT FEES FOR TRAFFIC AND ROADWAY IMPROVEMENTS IN EWA
TITLE VII: BUSINESS
CHAPTER 34: REGULATION OF BUSINESSES
CHAPTER 35: INCENTIVES FOR BUSINESS TO CREATE NEW JOBS
CHAPTER 36: COMMON CARRIERS
TITLE VIII: PROPERTY
CHAPTER 37: REAL PROPERTY TRANSACTIONS INVOLVING THE CITY AND COUNTY OF HONOLULU
CHAPTER 38: LEASE AND RENTAL OF CITY REAL PROPERTY, INCLUDING FEES
CHAPTER 39: MAXIMUM ANNUAL RENEGOTIATED LEASE RENT
CHAPTER 40: OFFENSES RELATING TO PROPERTY
TITLE IX: PUBLIC HEALTH, SAFETY, AND SANITATION
CHAPTER 41: PUBLIC HEALTH AND SAFETY
CHAPTER 42: COLLECTION AND DISPOSAL OF REFUSE
CHAPTER 43: SEWERS, DRAINAGE, AND CESSPOOLS
PARALLEL REFERENCES
TABLES
§ 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 sides;
(4)   Street trees shall be provided at a minimum 2-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 trees 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 6 inches or greater in trunk diameter located within the core area identified on Exhibit 21-9.5 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;
(C)   The tree is a hazard to the public safety or welfare;
(D)   The tree is dead, diseased, or otherwise irretrievably damaged; and
(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 § 21-9.40-3(b) shall be replaced by an approved tree of a minimum 2-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; and
(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 2-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;
(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 that 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 that 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 that 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 that they are screened from view;
(B)   Necessary utilitarian features, including stairwell enclosures, ventilators, and skylights;
(C)   Decorative or recreational features, including rooftop gardens, planter boxes, flagpoles, parapet walls, or ornamental cornices; and
(D)   Except for flagpoles and smokestacks, all items listed in § 21-4.60(c) shall also be exempt from the height provisions of this section; and
(c)   Architectural appearance and character.
      (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; and
      (2)   Materials, finishes, and colors, including roofs, shall be nonreflective and subdued in nature.
(1990 Code, Ch. 21, Art. 9, § 21-9.40-4) (Added by Ord. 99-12)