The following standards apply throughout a TOD special district:
(a) Site development and design standards. Development standards are as established for the underlying base zoning 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 and B-2 Districts | Apartment and Apartment Mixed-Use Districts | 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 Minor Special District Permit | 3.5 | 1.2 x Base FAR | 1.2 x Base FAR |
Maximum FAR with PD-T Approval | 7.0 | 2.0 x Base FAR | 2.0 x Base FAR |
(B) The open space bonus provisions of §§ 21-3.110-1(c) and 21-3.120-2(c) are not applicable.
(C) In the apartment mixed-use districts, the maximum commercial use density and location provisions of § 21-3.90-1(c) and Table 21-3.3 may be modified through a special district permit if the proposed development meets the objectives of the TOD special district, as enumerated in § 21-9.100-6.
(D) Height. If the maximum height is not prescribed for a zoning district in this chapter, the allowable height is as prescribed on the zoning map. An applicant may seek approval to exceed the base height up to the parenthetical height identified as the bonus height limit on the zoning map, where applicable, through a special district permit or PD-T approval as follows:
Maximum Height with Minor Special District Permit | 60 feet over the base height limit; or twice the base height limit, whichever is less |
Maximum Height with Major Special District Permit | 120 feet over the base height limit; or three times the base height limit, whichever is less |
Maximum Height with PD-T Approval | Up to the parenthetical height identified as the bonus height limit on the zoning map |
(E) Where a TOD special district permit is sought to achieve height or density bonuses, the degree of flexibility requested must be commensurate to the community benefits the development will provide for the enhancement of the surrounding 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 onsite, 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 rail station area as the project site. Affordable housing provided as a community benefit under this paragraph must be in addition to the affordable housing requirements of Chapter 29, which are based on a percentage of the total number of dwelling units in the principal project, and include higher percentages for IPD-T, PD-T, and TOD special district projects seeking bonus height or density, or both.
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 limit 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 § 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 height or FAR 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 height or FAR 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 | B-2 and BMX-3 Districts | Apartment and Apartment
Mixed-Use
Districts | Industrial and Industrial
Mixed-Use
Districts | |
Minimum Front Setback1
|
All Streets | 5 | ||
Maximum Front Setback1
|
Non-Key Street | 10 | None | |
Key Street | 10 | 15 | 10 | |
Highway2
|
15 | |||
1 Front setbacks may be modified pursuant to § 21-9.100-8(a)(3)(C). 2 For the purposes of this subdivision, “highway” refers to Farrington Highway or Kamehameha Highway. This provision prevails where there are other maximum front setbacks. | ||||
(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.
(C) The minimum and maximum front setbacks may be modified as follows:
(i) Buildings may encroach into the front yard; provided that:
(aa) A paved public sidewalk at least 8 feet in width fronts the building; or
(bb) Other buildings on the same block and sharing the same street frontage are set back less than 5 feet from the property line, and the proposed building location will match the existing setbacks so that the proposed building facade creates a consistent building alignment.
(ii) Buildings may be located beyond the maximum setback if the additional setback is necessary to provide for a tree within the property because it is not feasible to provide for street trees within the adjacent right-of-way due to limitations such as the location of existing infrastructure.
(D) Street facade and building placement.
(i) On a corner zoning lot fronting at least one key street, buildings must be located within 30 feet of the corner. See Figure 21-9.5.
(ii) On a zoning 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 zoning 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) If a zoning 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 § 21-9.100-8(a)(3)(E). See Figures 21-9.8 and 21-9.9.
(v) Any portion of a building above 60 feet in height must be set back at least 50 feet from the side and rear property lines, and spaced at least 100 feet from any portion of other buildings above 60 feet in height on the same zoning lot, as depicted in the following illustration:
(vi) To preserve important views, no structures greater than 3 feet in height, except for open work fences, may be constructed in the areas identified as view corridors in the exhibits specified in § 21-9.100-12. The director may approve uses and structures allowed in standard required yards; provided that no views will be adversely impacted.
(vii) Buildings above 40 feet in height must be oriented with the long axis aligned in a mauka-makai direction.
(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 hard surface, 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.
(ii) Awnings and other sunshade devices may exceed the 36-inch horizontal projection limit established in § 21-4.30(b), and may encroach into the right-of-way; provided that they meet all requirements of the building codes and do not conflict with any street tree requirements.
(iii) 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 driveways and walkways.
(F) For zoning 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 3 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 hard surface, 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, except for openwork fences that do not exceed 4 feet in height, may be installed within the 10-foot setback area. For the purposes of this paragraph, “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 shall install street trees, as required by the director.
(I) The standards of this subdivision may be modified through a special district permit if at least one of the following conclusions may be made:
(i) Irregular property lines, zoning lot configuration, coastal hazards as projected using the best available science, or topography of the zoning lot render the yards, setbacks, street facade, or building placement standards infeasible;
(ii) The existing built environment is arranged in such a way that the yards, setbacks, street facade, or building placement standards are incompatible or unreasonable, and better overall design may be achieved by following existing development patterns; or
(iii) The proposed building placement provides for publicly accessible, highly usable parks or gathering spaces, and will not detract from the purposes of the TOD 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.
(C) At least one entrance must be placed every 50 feet of the building facade facing a street or pedestrian plaza.
(D) The requirements of this subdivision may be modified through a special district permit if irregular property lines, zoning lot configuration, or topography of the zoning lot 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 must not extend for more than 25 feet in a continuous horizontal plane without an opening on the ground floor of a building; provided that:
(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; provided that 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 3 feet deep.
(C) Modifications to the building transparency standard may be approved through a special district permit; provided that:
(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 a manner that creates visual interest at the pedestrian level and activates the sidewalk area.
(6) Pedestrian walkways. Walkways with a minimum 5-foot unobstructed width must be provided according to the following standards:
(A) Pedestrian walkways must create internal connections by connecting all buildings on a zoning lot to each other, to onsite automobile and bicycle parking areas, and to any onsite 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;
(C) Direct and convenient access must be provided to neighboring properties from commercial and mixed use developments on zoning lots 1 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) Projects must satisfy the applicable affordable housing requirements of Chapter 29.
(2) Outdoor dining areas are subject to the following:
(A) A planter or hedge of not more than 2.5 feet 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
(C) Outdoor dining areas must not be used after 11:00 p.m. or before 7:00 a.m.
(c) Vehicle parking, loading, and bicycle parking.
(1) At-grade parking spaces and parking on the ground floor of any structure must not 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 determines 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 could not be accommodated.
(2) 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 determines that the size and configuration of the zoning lot make such a requirement infeasible.
(3) 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.
(4) 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.
(d) Nonconformities. The provisions of § 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 § 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 may not 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 that 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 §§ 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 §§ 21-9.100-7 and 21-9.100-8, the applicant may seek a special district permit to allow the development if the director finds:
(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)