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Honolulu Overview
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
§ 21-9.80-4 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 before 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. Section 1-4.30 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, 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 5 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 5 feet from any property line;
(C)   Outdoor dining facilities shall be limited to portable chairs, tables, serving devices, and umbrellas. 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 11:00 p.m. and before 7:00 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 10:00 p.m. when the dining areas are in use; and
(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, or open spaces;
(6)   Lei making and selling in required front yards on zoning lots where retail establishments are a permitted principal use; provided that the following standards are met:
(A)   The activity shall be no less than 5 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);
(C)   Signs. Refer to Article 7 for permitted signs; and
(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 that 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;
(C)   The cart shall be no less than 5 feet from any property line;
(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; and
(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 or transient vacation units, in the apartment precinct, up to a maximum height of 6 feet; provided that 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 5 feet from the front property line and acceptably screened with planting material from the street side; and
(9)   Interactive informational displays; provided that the following standards are met:
(A)   Only one interactive informational display per common entryway to a project site shall be permitted, that shall not encroach into or otherwise obstruct any public sidewalk or pedestrian easement. For the purposes of this subdivision, a “common entryway” means an opening providing public pedestrian access to two or more business establishments from any public sidewalk, pedestrian easement, or right-of-way;
(B)   The interactive informational display shall consist of a freestanding structure, not exceeding 48 inches in height;
(C)   The display area shall not exceed 8 square feet, and shall be essentially horizontal in its orientation so as not to be functionally viewable from adjoining streets or sidewalks; and
(D)   No signs regulated under Article 7 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 council. The number of curb cuts should be kept to a minimum to enhance pedestrian movement along sidewalks.
(c)   Design guidelines.
(1)   General guidelines. All structures, open spaces, landscape elements, and other improvements within the district must conform to the guidelines for urban design controls specified in Exhibit 21-9.15; the design standards of this section; and other design guidelines adopted by the director to further define and implement these guidelines and standards.
(2)   Yards. Yard requirements will be as provided under the development standards for the underlying zoning precinct under Table 21-9.6(B).
(3)   Car rental establishments. Car rental establishments must comply with the following requirements:
(A)   Side and rear yards must be a minimum of 5 feet; with a solid fence or wall at least 6 feet in height on the property line, and 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;
(C)   All areas not landscaped must be provided with an all-weather surface; and
(D)   No water produced by activities on the zoning lot may 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 to be adequately screened from view at ground level without adversely affecting operational capabilities.
(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, display windows, and permitted outdoor dining areas.
(C)   Where commercial uses are located at ground level, other than as required by paragraph (B), at least one-half of the total length of the building facade along streets must be devoted to open lobbies, arcade entrances, display windows, and permitted outdoor dining areas.
(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 necessarily front a street or open space, they must be screened with heavy landscaping or appropriately articulated exterior surfaces.
(G)   Effective December 1, 2025, 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 if landscaping is provided for screening. Principal landscaping must include trees, and secondary landscape elements may include tall hedges and earth berms.
(H)   For the 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 must not be used to attract attention to structures, uses, or activities; provided 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, or flickering lights must not 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, height, precinct transitional height setbacks, yards, open space, and landscaping when timely, demonstrable contributions benefitting 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 before 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; and
(B)   The minimum project size is 1 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 1 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 in this subdivision, 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;
(C)   The maximum building height is 350 feet, but this standard may be reduced;
(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; and
(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 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 § 21-2.110-2;
(C)   No project will be eligible for PD-R or PD-A status, unless the council has first approved a conceptual plan for the project;
(D)   Guidelines for review and approval of the conceptual plan for a project. Before 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 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 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 § 18-5.4 after the deadline is a failure to comply with the deadline.
(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. The 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)   Sixty 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; and
(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 § 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 §§ 21-4.110 et seq. shall apply, except as provided in this subsection.
(1)   A nonconforming use 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 that 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 1 square foot. If provided, front yards may be included as public open space;
(ii)   For every 2 square feet of arcade space provided on the lot, the open space may be reduced by 1 square foot;
(iii)   For every 4 square feet of open lobby space on the lot, the open space may be reduced by 1 square foot; and
(iv)   If 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 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;
(C)   Height. If the height of an existing structure exceeds the maximum height for the lot, then the height of the existing structure may be retained; provided that the new structure or structures:
(i)   Do not obstruct or diminish any significant views which are to be preserved, protected, and enhanced;
(ii)   Do not obstruct, prevent, or interfere with an identified gateway or pedestrian way, or both; 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 multi-family dwelling units, it may be restored to its original condition in accordance with § 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 that 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 that the work:
(A)   Results in a reduction of the nonconformity;
(B)   Is an improvement over the existing condition of the structure;
(C)   Implements the design intents and requirements of the special district; and
(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 that:
(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;
(C)   The increase does not result in a net loss in required open space, arcades, or landscaping; and
(D)   Other than for dwelling units, existing on-site parking spaces may be removed; provided that:
(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; and
(7)   Unless voluntarily abandoned, nonconforming uses that have been temporarily discontinued for purposes of redevelopment or renovation, as permitted by this subsection, shall not otherwise be subject to the discontinuation of use provisions in § 21-4.110(c)(2).
(f)   Landscaping.
(1)   Any tree 6 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;
(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.
(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 2-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 that 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 § 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 must be provided in accordance with Article 6, unless otherwise noted in this section.
(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.
(1990 Code, Ch. 21, Art. 9, § 21-9.80-4) (Added by Ord. 99-12; Am. Ords. 01-66, 03-38, 10-19, 11-30, 17-40, 18-19, 20-41)
FIGURE 21-9.1
FRONT YARD – WAIKIKI