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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-F.5 Special conditions.
(a)   Mixed-use precinct.
(1)   When multiple-family dwellings are integrated with other uses, pedestrian access areas for the residents shall be independent from other uses and shall be designed to enhance the privacy for residents and their guests.
(2)   Where an arcade is used as block frontage, guidelines indicated on Figure 21-F-5 shall be followed; provided that:
(A)   Only uses listed in subsection (a)(2)(B)(i) through (a)(2)(B)(x) of § 21-F.4 shall be located adjacent to the arcade along streets on the ground level of any building. At least one-half of the total width of any new or reconstructed building, parallel to and facing such frontage, shall be devoted at the ground floor to entrances, show windows or other displays of such uses.
(B)   All other permitted uses shall be located either on floors above or below the ground floor or at a distance of not less than 20 feet behind the front of the building at the ground level. No more than one-third the width of any lot, parallel to and facing such street, shall be devoted to entrances to such other permitted uses.
(3)   Outdoor entertainment or music, establishments with outdoor ordering or receiving facilities, or outdoor storage of any materials shall not be permitted.
(4)   All loading and unloading areas shall be either enclosed in a building or located on the rear or the side of the building and screened from public view.
(b)   Industrial services precinct.
(1)   Automobile service stations, car washes, car rental establishments or public utility installations or substations on lots fronting or adjacent to the mixed-use precinct, shall comply with the requirements of such facilities in the mixed-use precinct.
(2)   Accessory open storage areas, and loading and unloading areas for lots fronting or adjacent to the mixed- use precinct shall be located either in a building or on the rear or side of buildings and when located on the side shall be screened from public view from adjacent streets.
(c)   Density.
(1)   The floor area ratio (FAR) for all uses without multiple-family dwellings shall not exceed 2.5.
(2)   The FAR for mixed uses which include multiple-family dwellings shall not exceed 3.5; provided that a minimum FAR of 1.0 and a maximum of 2.5 is developed as multiple-family dwellings.
(3)   The FAR for multiple-family dwellings without other uses shall not exceed 2.5.
(d)   Heights.
(1)   Permitted maximum heights of buildings and structures within the Kakaako special design district are delineated on Figures 21-F-2 and 21-F-5. All heights shall be measured vertically from the existing ground surface at any point along the perimeter of the building or structure to the roof level.
(2)   Exemption for certain architectural features. Subject to the review and approval of the director of planning and permitting, exemption from the height regulations may be made for the following architectural features provided 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 limits.
The following building elements or features may be exempt; provided, that the director of planning and permitting finds they do not obstruct any significant views which are to be preserved, protected, and enhanced, and are consistent with the intent of the objectives of this article.
(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; and
(C)   Decorative or recreational features, including rooftop gardens, planter boxes, flag poles, parapet walls, or ornamental cornices.
(e)   Yard requirements.
(1)   Front yard requirements are shown on Figures 21-F-3 and 21-F-5.
(2)   Side and rear yards are not required except for nonparking structures containing windows or openings adjoining side or rear property lines in which case the minimum side and rear yards shall be 20 feet. In addition to the height and yard regulations stated hereinabove, for any portion of a structure containing windows or openings above 10 feet in height, additional side and rear yard setbacks equal to 1 foot for each 10 feet in height or fraction thereof shall be provided; the additional setback shall be a continuous vertical plane beginning at the floor level of the first windows or openings to the top of the structure.
(f)   Required open space.
(1)   A minimum of 30 percent of each lot, exclusive of required yards and setbacks shall be devoted to open space. This open space may be provided on another lot within a five-minute walking distance of the respective use, preferably in conjunction with other existing open spaces; provided that such open space is dedicated in fee and accepted by the city.
(2)   Where applicable, the open space, exclusive of required yards and setbacks, may be considered as part of the area required for park dedication.
(3)   Exclusive common space for residents of multiple-family dwellings based upon 110 square feet per dwelling or lodging unit shall be provided in any of the following combinations:
(A)   All or any portion of the required open space that is located on the project lot and designed for exclusive use of the occupants;
(B)   Roof top recreation areas at or below 40 feet above ground elevation; and
(C)   Interior recreation rooms within the development.
(g)   Open space treatment.
(1)   Open space is that portion of a lot that is a required yard or setback area or required open space. Such open space shall be:
(A)   Open and unobstructed from ground level to the sky;
(B)   Landscaped and maintained, and shall not be used for loading purposes or storage, or parking of cars; and
(C)   Landscaped with a minimum of 50 percent of the area devoted exclusively to plant material rooted directly in the ground or permanently fixed plant containers.
(2)   Berms, landforms, or underground structures covered with landscape treatment on the roof for which the finished height is 4 feet or less measured from ground elevation, shall be considered as part of the required open space.
(h)   Off-street parking.
(1)   Parking requirements.
(A)   Multiple-family dwellings:
 
Floor Area of Unit
Required Parking Per Unit
600 square feet or less
1
More than 600 but less than 800 square feet
1-1/4
800 square feet and over
1-1/2
 
(B)   Churches and theaters: one space per every five fixed seats;
(C)   Nursing, convalescent, aged, disabled, and handicapped homes: one space per four patient beds, dwelling units, or lodging units;
(D)   Public school: one space per classroom;
(E)   All other uses listed in the mixed-use and marine precincts: one space per 400 square feet of floor area;
(F)   Industrial service precinct uses listed in § 21-F.4(d)(2)(A) through (d)(2)(H): one space per 800 square feet of floor area; and
(G)   Waterfront industrial precinct uses: one space per 1,000 square feet of floor area.
(2)   Off-site provisions.
(A)   Except for multiple-family dwellings, permits for off-site and joint use parking facilities may be granted under Chapter 21 §§ 21-2.67, 21-2.68, and 21-2.69.
(i)   Signs.
(1)   In connection with any permitted use, only one wall or marquee facia identification sign of 1 square foot per 1 linear foot of the building frontage not directly illuminated, nor illuminated from within the sign structure and not exceeding 24 square feet in area shall be permitted per street front for each ground floor establishment having one or more principal pedestrian entrances to the building; provided that if all buildings on the street frontage are set back a minimum of 25 feet from the property line, one ground identification sign, not directly illuminated, nor illuminated from within the sign structure and not exceeding 12 square feet in area, shall also be permitted for each principal pedestrian entrance side. Such ground signs shall not be located closer than 10 feet to any property line. In lieu of one of the above signs, one garden sign may be permitted.
(2)   Wherever the Chapter 21, Article 7 sign regulation for a specific use is more restrictive than the above regulation, the sign dimensions and location shall comply with the Chapter 21 regulation for the specific use.
(j)   Architectural criteria.
(1)   The orientation range of the long axis of buildings above 40 feet in height expressed in azimuth degrees from north shall be within zero to 60. The width of the building measured perpendicular to the long axis shall not exceed 100 feet, nor shall the length of the building parallel to the axis exceed 200 feet.
(2)   Street frontage first floor elevation shall not deviate more than 18 inches from the adjacent curb elevation unless modified by the director of planning and permitting because of unusual design considerations.
(3)   Ground floor establishments shall provide clear glass when glass is used as a ground floor facade.
(4)   All rooftop mechanical appurtenances, stairwells and elevator enclosures, ventilators, and air-conditioning equipment shall be screened from view by architectural or landscape treatments.
(5)   Parking structures shall have a minimum 10-foot landscape strip along adjacent streets; rooftop parking shall be substantially screened from oblique as well as overhead views by landscaping or architectural features, such as trellises in combination with landscaping.
(k)   Circulation criteria.
(1)   The approval of the directors of planning and permitting and transportation services is required on plans for the addition to, or deletion, modification, or alteration of existing streets shown on the district ordinance Figure 21-F-3.
(2)   Public or private midblock pedestrian or bicycle circulation paths shall be created and maintained in conjunction with development projects. These circulation paths shall be lighted and have a minimum width of 12 feet, accessible to the public at all times.
(l)   Landscaping.
(1)   Trees and street landscaping for all streets shall be provided by all new development applicants in accordance with Figures 21-F-4 and 21-F-5 of this appendix and the following list:
(A)   Major street system tree species and spacing:
(i)   South King Street: Rainbow Shower 25 feet on center (o/c) maximum;
(ii)   Kapiolani Boulevard: Monkeypod 80 feet o/c maximum;
(iii)   Queen Street to Auahi Street: Royal Poinciana and Coconut palm. Two Rainbow and three Coconut palms per 100 feet of street frontage;
(iv)   Pohukaina Street: Madagascar Olive 25 feet o/c maximum;
(v)   Ala Moana Boulevard: Monkeypod and Coconut palm. Three Coconut palms and one Monkeypod per 100 feet of street frontage;
(vi)   Punchbowl Street: Monkeypod 80 feet o/c maximum;
(vii)   South Street: Autograph 25 feet o/c maximum;
(viii)   Cooke Street: Yellow Poinciana 25 feet o/c maximum;
(ix)   Ward Avenue: Native Wiliwili 60 feet o/c maximum;
(x)   Kamakee Street: Jack-in-the-Box 25 feet o/c maximum;
(xi)   Pensacola: Royal Poinciana 50 feet o/c maximum; and
(xii)   Piikoi Street: Monkeypod 80 feet o/c maximum.
(B)   Local street system tree species shall be subject to the approval of the director of planning and permitting in consultation with the director of parks and recreation. The maximum spacing shall be 30 feet on center.
(C)   Street trees shall be a minimum 3-inch caliper except palms which shall have a minimum trunk height of 15 feet.
(D)   On the major street system, the area between the curb and a sidewalk shall be landscaped, except for necessary walks and drives, and provided with an irrigation system. Planting in these areas shall not exceed 30 inches in height and shall be grass only where adjacent curbside parking is permitted.
(E)   Where landscaping is required between the sidewalk and building, at least 25 percent of the area shall include plant material 36 inches or higher.
(2)   Sidewalk materials shall conform to the city and county standards for a minimum of 75 percent of the required sidewalk area. The total sidewalk pattern and the material of the 25 percent area shall be subject to the approval of the director of planning and permitting. Upon the recommendations of the director and chief engineer of the department of facility maintenance, exceptions to the city and county standard paving may be made if the texture and color closely approximate the standard material and finish.
(3)   Any tree 6 inches or greater in trunk diameter shall not be removed with the following exceptions:
(A)   The tree is not predominately visible from any street, park, or other public viewing area;
(B)   There are no alternatives to removal to achieve appropriate development on the site;
(C)   The tree is a hazard to public safety or welfare; and
(D)   The tree is dead.
(4)   Replacement of trees.
(A)   Any tree removed which is predominately visible from any street, park, or other public viewing area shall be replaced by a tree of minimum 3-inch caliper.
(B)   Where possible, trees proposed for removal shall be relocated to another area of the project site.
(m)   Off-street loading. Off-street loading shall comply with Chapter 21 for similar uses.
(n)   Uses and activities permitted in yards. 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 newspaper sales and distribution shall be located or carried out within any required yard, street, or street setback area except those areas occupied by enclosed nonconforming buildings.
(o)   Utilities. Public utility companies shall place utility lines underground within the district. The director of planning and permitting may modify this requirement for an electric distribution or transmission system in excess of 15 kilovolts when it is satisfactorily justified that the alternative will equally achieve the intent and objectives of the district.
(p)   Subdivision. No parcel shall be subdivided into lots of less than 10,000 square feet with a minimum lot width of 50 feet. Consolidation of lots, regardless of the cumulative size, in conformity with Chapter 22 shall be permitted.
(q)   Temporary uses. Carnivals, circuses, and fairs of not exceeding three days shall be permitted in all precincts.
(r)   Nonconforming uses.
(1)   Nonconforming expansion or replacement. A new temporary structure or a minor expansion to or replacement of a portion of a structure for a nonconforming use is permitted; provided that such expansion or replacement would not substantially prolong the nonconforming use. However, once 25 percent of the land area within a block is in compliance with the precinct requirements, then nonconforming uses in the remainder of the block shall not be permitted to expand or be replaced.
(2)   Nonconforming use reestablishment. A nonconforming use located within the Kakaako special design district may be incorporated in a conforming development; provided that the applicant shall submit a compatibility analysis indicating to the satisfaction of the director the nonconforming use would have no more adverse impact upon the development project or the adjacent areas than permitted uses in the precinct. The analysis would include such consideration as operational characteristics of the use, noise, odor, hours of operation, traffic generation, and other pertinent data unique to the proposal. Such uses would be considered as part of the nondwelling uses within the project.
(s)   Joint precinct development. Where a development is within more than one precinct, the allocation of uses shall be in proportion to that which is permitted within each precinct. The location of such uses within the development need not comply with the precinct boundaries.
(t)   Joint parcel development. A single project may consist of several parcels, either adjoining or separated by a street. Such projects will be reviewed as a total project in terms of permitted density and uses. All parcels involved shall be bound by the conditions and plans of the approved project.
(Sec. 21-13B.5, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 21, Appendix 21-F, § 21-F.5)