Chapter 19.04 GENERAL PROVISIONS AND DEFINITIONS

When used in title 19 of this code, unless the context clearly indicates a different meaning, for the purposes of title 19, the following words and terms shall be defined as follows:

“Accessory building” means a portion of the main building or a detached subordinate building located on the same lot, the use of which is appropriate, subordinate and customarily incidental to that of the main building or to the main use of the land.

“Accessory building or structure” means a structure detached from a principal building on the same zoning lot which is customarily incidental and subordinate to the principal building or use and not used for human habitation.

“Accessory dwelling” means an attached or detached dwelling unit which is incidental or subordinate to the main or principal dwelling on a lot.

“Accessory use” means a use of land or of a building or portion thereof which is customarily incidental and subordinate to the principal use of the land or building and located on the same zoning lot as the principal use.

“Administrator” means the person who holds the office of director and/or executive secretary or authorized representative of the appropriate planning commission.

“Agricultural land conservation” means the planting of soil-nourishing plants and trees to achieve soil conservation and environmental benefits, including but not limited to soil nourishment, prevention of soil erosion, improvement of air quality, and habitat restoration.

“Agricultural Lands of Importance to the State of Hawaii (ALISH)” means the agricultural land classification system adopted by the State of Hawaii, board of agriculture. This system identifies those lands of the state which are of agricultural importance, and categorizes them according to specific criteria.

“Agricultural lease” means a contract renting a portion of a lot within the agricultural district for a specified period or for a period determinable at the will of either lessor or lessee in consideration of rent or other compensation.

“Agricultural products” means cultivated or raised plant, animal, or marine life that has been harvested for consumption, including but not limited to coffee; feed and forage; floriculture and nursery products; grain; herbs and roots; sugar cane; fruits and nuts; vegetables and melons; honey; eggs; dairy; cattle, pigs, sheep, poultry; marine life; and fiber for clothing and building material. This does not include processed products.

“Agricultural products processing” means the processing, canning, bottling, packing or packaging of agricultural produce, livestock and forestry products for eventual distribution or consumption.

“Agricultural products stand” means a structure used for the display and sale of agricultural products.

“Agricultural resources” means all the natural and man-made resources of agricultural production, including the land, soil, water, air, plant communities, watersheds, and natural and physical attributes that together comprise and support agriculture.

“Agriculture” means the production of plant and animal life for food and fiber, and for raw materials for processed products. Agriculture includes but is not limited to fruit, vegetable, and flower growing; forestry; aquaculture; beekeeping; grazing and dairying; and their accompanying services and facilities.

“Alley” means a service right-of-way providing a secondary means of access to abutting property and not intended for general traffic circulation.

“Animal and livestock raising” means facilities and activities associated with the breeding and raising of live animals such as dairy cows, poultry, hogs, beef cattle, sheep, horses, bees, dogs, and other domesticated animals. This does not include small-scale animal keeping.

“Animal boarding facility” means a structure or premises where animals are boarded, groomed, bred or trained for commercial gain, including commercial stables and kennels.

“Animal hospital” means a structure or premises where animals are given medical care, and the boarding of animals is limited to short-term care incidental to the hospital use.

“Apartment” or “apartment unit” means one or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing three or more dwelling units.

“Apartment hotel” means a building or portion thereof used as a hotel as defined in this chapter and containing the combination of individual guest rooms or suites or rooms with apartments or dwelling units.

“Apartment house” means the same as “dwelling unit, multifamily.”

“Assembly area” means facilities with fixed seats or large spaces designed to accommodate temporary seating on a regular basis for gathering for events or open exhibition halls. Examples include theaters, churches, auditoriums, libraries, auctioneer establishments, museums, art galleries, meeting rooms and spectator sports arenas.

“Automobile services” means a facility providing fueling, greasing, lubrication and cleaning services for vehicles. Additional services may include, but are not limited to, minor engine repair, such as replacement of spark plugs, batteries and tires; minor repair of engine parts such as fuel pumps, oil pumps and lines, belts, carburetors, brakes, mufflers, and emergency wiring; radiator cleaning and flushing; towing; safety inspections; and motor adjustments not involving repair of head or crankcase. Services not included are tire recapping and regrooving; body work, such as straightening of frames or body parts; steam cleaning; welding; painting; and storage of automobiles not in operating condition.

“Automobile trailer and equipment sales area” means an open area other than a street used for the display, sale or rental of new or used automobiles, trailers, or other equipment, where no repair work is done except minor, incidental repair of automobiles, or trailers to be displayed, to be sold, or to be rented on the premises.

“Automobile wrecking establishment” means the business of dismantling or wrecking of used motor vehicles or trailers.

“Basement” means a portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from the grade to the floor below is more than the vertical distance from grade to ceiling.

“Bed and breakfast home” means a use in which overnight accommodations are provided to guests for compensation, for periods of less than thirty days, in a detached single-family dwelling unit occupied by the owner-proprietor or lessee-proprietor. The home shall include bedrooms, one kitchen, and living areas used by the family occupying the home and shall include no more than six bedrooms for short-term rental, as specified within the zoning district provisions of this title.

“Boarder” means a person who occupies a bedroom or room as a lodging unit within a dwelling unit, boardinghouse, rooming house, or lodginghouse on a long-term residential basis for a consideration and where meals may be provided by the owner or operator.

“Boardinghouse” means a long-term residential use in a building having not more than five bedrooms where at least one meal may be provided for no more than five persons for compensation.

“Building” means any structure built for the support, shelter, housing, occupancy, storage or enclosure of persons, animals, chattels, or property of any kind.

“Building area” means the total area of a zoning lot covered by buildings and covered open areas. The following are not considered building area: (a) open areas covered by eaves and normal overhang of roofs; (b) uncovered entrance platforms, uncovered terraces, and uncovered steps when these features do not themselves constitute enclosures for building areas below them, and do not exceed thirty inches in height; and (c) all weather surfaces.

“Building height” means the same as “height.”

Bureau of conveyances. Wherever it appears in this article, “bureau of conveyances” includes the bureau of conveyances and the office of the assistant registrar of the land court of the state.

“Campground” means any portion of a zoning lot upon which more than one camping unit is located for occupancy by members of the general public as temporary, recreational, living quarters which may include a bathroom and a kitchen; provided, that a camping unit which is not a recreational vehicle but which contains a bathroom or a kitchen shall be limited to one camping unit per ten acres of land.

Camp, public. “Public camp” means any area or tract of land used or designated to accommodate two or more automobiles, house trailer, or two or more camping parties.

Camp, trailer. “Trailer camp” means the same as “public camp.”

“Camping unit” means a tent, recreational vehicle, cabin, lean-to, or other similar structure which provides or is intended to provide temporary living quarters for a person or persons for not more than six consecutive nights within a thirty-day period.

“Carport” means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, mausoleums, mortuaries and crematoria; provided it has the approval of the department of health, the commission and the County council when operated in conjunction with and within the boundary of such cemetery.

“Commercial purpose” means the growing, processing, or manufacturing of products or the provision of services for consideration and profit.

“Commission” means the appropriate planning commission of the County.

“County” means the County of Maui of the State of Hawaii.

“Court” means an open, unoccupied space other than a yard on the same lot with a building and bounded on one or more sides by such building or buildings.

Court, apartment. “Apartment court” means one or more multifamily dwellings, occupied on a long-term residential basis, any of which may be more than one story in height and arranged around one or more sides of a court or place from which court or place any dwelling unit therein has its principal means of access. An apartment court shall be deemed to include those multifamily dwellings which contain the principal means of access to any dwelling unit therein from a court or place or side yard.

Court, bungalow. “Bungalow court” means two or more single-family detached dwellings occupied and arranged around one, two or three sides of a court which open onto a street.

Court, tourist. “Tourist court” means a group of attached or detached buildings containing individual living or sleeping units, designed or used temporarily by automobile tourists or transients with garage attached or parking spaces conveniently located to each unit, including auto courts, motels, or motor lodges.

“Curb grade” means the elevation of the top of the face of the curb as fixed by the County.

“Curb level” means the elevation of the established curb in front of the building measured at the center of such front. Where no curb level has been established, the director of public works and waste management of the County shall establish such curb level or its equivalent for the purpose of this article.

“Day care facility” means a facility where persons are cared for on an intermittent basis, but not continuously over a twenty-four hour period, such as, but not limited to, adult day care, preschools, and day nurseries.

“Day care nursery” means premises where young children are cared for during the day with or without compensation in facilities approved by the appropriate government agencies. “Child care home,” “day care center,” “day care home,” “nursery” and “babysitting services” means the same as “day care nursery” for purposes of title 19.

“Developable area” means the total area, in square feet, of all enclosed living areas of dwellings.

“Director” means the director of the department of public works and waste management or his authorized representative.

“District” means the applicable district established by the provisions of this article.

“Drive-in restaurant” means a restaurant business where food is served to a person or persons in their automobiles or vehicles.

“Duplex” means the same as “dwelling unit, two-family.”

“Dwelling” means the same as “dwelling unit.”

Dwelling, apartment house. “Dwelling unit, apartment house” or “apartment house dwelling” means the same as “dwelling unit, multifamily.”

Dwelling, multiple-family. “Multiple-family dwelling” means the same as “dwelling unit, multifamily.”

Dwelling, single-family. “Single-family dwelling unit” means a building consisting of only one dwelling unit designed for or occupied exclusively by one family.

Dwelling, two-family, or duplex. “Two-family dwelling unit” means a building consisting of only two dwelling units designed exclusively for occupancy by two families living independently of each other.

“Dwelling unit” means a room or group of rooms connected together constituting an independent housekeeping unit for family and containing a single kitchen.

Dwelling unit, multifamily. “Multifamily dwelling unit” means a building or portion thereof which consists of three or more dwelling units and which is designed for occupancy by three or more families living independently of each other.

“Eating and drinking establishments” means a business engaged in the preparation and serving of food to customers, such as, but not limited to, restaurants, fast food restaurants, delicatessens, cafes, bars, and nightclubs.

“Educational institutions” means established organizations serving to impart knowledge or skill through systematic instruction, including but not limited to, kindergartens, elementary schools, intermediate schools and colleges supported wholly or in part by public or private funds giving general academic instructions.

Education, general. “General education” means a facility offering a general educational curriculum, such as, but not limited to, kindergartens, elementary, intermediate, and high schools, and colleges and universities.

Education, specialized. “Specialized education” means a facility that offers a specialized educational curriculum, such as, but not limited to, trade and vocational, language, music, dance, and art schools.

“Eleemosynary organization” means an organization which distributes charity or doles out relief.

“Energy systems, small-scale” means energy production facilities which are incidental and subordinate to a principal use which is established on the property. These systems include but are not limited to solar, wind, hydrologic, and biomass systems.

“Family” means an individual living alone or a group of two or more persons related by blood or marriage and their legal issue living together as a single housekeeping unit in a dwelling unit and in which two boarders, unrelated by blood may be living on a long-term residential basis. A family may also be defined as no more than five unrelated persons living together as a single housekeeping unit. In addition, eight or fewer persons who reside in residential facilities monitored and/or licensed by the state pursuant to chapter 46-15.3 of the Hawaii Revised Statutes shall constitute a family. Resident managers, supervisors or operator and operator’s family shall not be included in the resident count.

“Farm” means a lot on which the majority of the land is used for and the predominant activity is agriculture and/or agricultural land conservation.

“Farm dwelling” means a single-family dwelling that is located on and used in connection with a farm.

“Farm labor dwelling” means a dwelling or lodging unit that is used exclusively by agricultural employees employed full-time or seasonally in the County, and that is located on a farm and is ancillary and secondary to agriculture.

“Fence” means an open barrier of posts and wire, wood, chain link or similar material that closes, marks or borders a field, yard or lot and that does not limit, by more than fifty per cent, visibility or the flow of air and light.

“Flag lot” means a lot not fronting on or abutting a roadway used for general traffic circulation, where access to the roadway from the lot is by a private right-of-way with a narrow width of twelve feet minimum and twenty-four feet maximum, where the minimum lot area shall be equal to the lot area of the zone exclusive of the private right-of-way, where the minimum front, side and rear yard requirements of the zone shall be met on the portion excluding the private right-of-way, where there is not more than two adjacent flag lots for each private right-of-way, and where there shall be a minimum distance of at least the minimum lot width in the particular zone between each private right-of-way to more than two adjacent flag lots.

Food and beverage, retail. “Retail food and beverage” means businesses engaged in the retail sale of food and beverage products, such as, but not limited to, supermarkets, convenience stores, bakeries, liquor stores, and catering establishments.

“Frontage” means all the property abutting one side of a street between two intersecting or intercepting streets, or between a street and public or private right-of-way, end of dead end street, or city boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

“Front of lot” means the front boundary line of a lot bordering the street or closest to the street, and in the case of a corner lot, may be either frontage.

“Garage” means a building or portion thereof wherein automobiles or other self-propelled vehicles, or where other such vehicles, are serviced or equipped for operation, repaired, or housed and stored for remuneration, hire or sale.

Garage, private. “Private garage” means a building or a portion of a building, not more than one thousand square feet in area, in which only motor vehicles used by the tenants of the building or buildings on the premises are parked or kept and which is not a commercial enterprise available to the general public.

Garage, public. “Public garage” means a building or structure, other than a private garage, used for the housing, storage, or care of automobiles or other self-propelled vehicles or where other such vehicles are serviced or equipped for operation, repaired, or housed and stored for remuneration, hire, or sale.

Garage, storage. “Storage garage” means any premises except those described as a private or public garage used exclusively for the storage of self-propelled vehicles.

“General merchandising” means businesses within permanent enclosed facilities engaged in the retail sale or rental of goods, including, but not limited to, retail stores, drugstores, department stores, electronic and communication stores, hardware stores, home furnishing stores, pet stores, garden shops, and equipment rentals.

“General office” means facilities used for the practice of a profession, the conduct of public administration, or the administration of business or industry. Examples include offices for government agencies, nonprofit organizations, financial, insurance, and real estate companies, professional practices (except medical and dental), and television and radio stations.

Grade, finish. “Finish grade” means the final elevation of the ground surface after man-made alterations such as grading, grubbing, filling or excavating have been made on the ground surface.

Grade, natural. “Natural grade” means the existing grade or elevation of the ground surface which exists or existed prior to man-made alterations such as grading, grubbing, filling, or excavating.

“Group shelter” means a building which serves as temporary living quarters for a group of persons, who may include, but are not limited to, those who are homeless or who suffer from spousal, child, or substance abuse, or who are physically and mentally handicapped, and wherein counseling services may be provided to these persons.

“Guest” means any person other than the family occupying or hiring a room for living or sleeping purposes.

“Height” means the vertical distance measured from a point on the top of a structure to a corresponding point directly below on the natural or finish grade, whichever is lower.

“Historical building, structure or site” means a building, structure or site identified as historic by the County, state, or federal government.

“Home occupation” means an enterprise or activity conducted by the occupant of the dwelling unit wherein the enterprise or activity takes place and which involves either the growing, processing, or manufacturing of product or the provision of services for consideration and profit; provided:

1. That no person other than a member of the family residing on the premises of the dwelling unit shall be employed by the home occupation;

2. That no more than twenty-five per cent of the floor area of the dwelling unit shall be used by the home occupation;

3. That no group instruction classes or group sales meeting shall be permitted on the premises of the dwelling unit;

4. That no product shall be exchanged by the operator of the home occupation or the operator’s agents to any other person on the premises of the dwelling unit for consideration;

5. That no sign, display, or change in the exterior appearance of the dwelling unit to advertise the home occupation shall be permitted;

6. That no goods, chattel, materials, supplies, or items of any kind shall be delivered either to or from the premises of the dwelling unit used for a home occupation other than by a vehicle owned by the residents of the dwelling unit and limited to cars, jeeps, vans with a maximum capacity of nine passengers, and four-wheel drives and trucks with a maximum load capacity of three-quarter ton;

7. That any storage of goods, samples, materials, or objects used in connection with the home occupation shall be stored within the dwelling unit and shall receive the approval of all appropriate governmental agencies;

8. That clients, patrons, and customers of the home occupation shall be prohibited on the premises except for educational services on a one-to-one pupil-teacher basis so long as such activity is limited to a total of eight persons per day; and

9. That the following occupations shall not be construed to be a home occupation and therefore shall not be permitted:

a. The repair, manufacture, processing, or alteration of goods, materials, or objects, except baking, dressmaking, tailoring, and the manufacturing of arts and craft items,

b. Harboring, training, or raising dogs, cats, birds, horses, or other animals, and

c. Automobile and/or body fender repairing.

“Hotel” or “motel” means a transient vacation rental, other than a bed and breakfast home containing lodging or dwelling units.

“Island of Maui” means the districts of Wailuku, Makawao, Lahaina and Hana as these districts are defined by section 4-1 of the Hawaii Revised Statutes.

“Joint use” means the development of two or more adjacent zoning lots located in the same zoning district and used a single, unified project or development.

“Joint-use parking” means two or more uses utilizing the same parking space(s).

“Junkyard” means a lot or portion thereof or tract or parcel of land used for the business of storage, keeping or abandonment of junk or waste material or the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

“Kennel” means any premises, building or structure in which four or more dogs or cats at least six months old are harbored.

“Kindergarten” means a school for young children of pre-elementary school age with facilities and studies as prescribed by the department of education of the state. “Preschool kindergarten” means the same as “kindergarten” for purposes of title 19.

“Kitchen” means a room or portion thereof designed, arranged, intended, or used for cooking or otherwise making food ready for consumption and within which there may be appliances for the heating or cooking of food.

“Light manufacturing and processing” means enclosed facilities for the production or assembly of products, other than food or agricultural products, involving limited or minor emissions of odors, fumes, noise, vibrations, heat, glare, or electrical interference to the exterior, such as, but not limited to, commercial laundries, laundromats, craft industries, apparel manufacture, and small craft assembly plants.

“Live/work mixed use” means a combined residential and commercial use of a single-family, two-family, or multifamily dwelling unit, with a commercial activity.

“Living quarters” means one or more rooms in a building designed for occupancy by one or more persons for living or sleeping quarters.

“Loading space” means a space or berth or area of land outside the boundaries of a street, alley, or other public right-of-way and situated on the same lot with the building to be served, or contiguous to a group of buildings for the purpose of providing temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which is readily accessible to vehicular traffic by means of a street, alley, or other appropriate access.

“Lodging house” means a long-term residential use of any building or groups of buildings or portion thereof having no more than nine bedrooms for three or more unrelated persons and meals are provided.

“Lodging unit” means a room or group of rooms connected together, constituting an independent living unit which does not contain any kitchen.

“Long-term residential” or “long-term residential basis” means occupancy of a dwelling unit or lodging unit by an owner, family, lessee, or tenant for one hundred eighty days or more per year.

“Lot” means a parcel of land considered as a unit and enclosed within defined boundaries, or a building site having the required area for certain use, or occupied or intended to be occupied, by a building or group of buildings and accessory buildings in compliance with the requirements in each zone.

Lot, corner. “Corner lot” means a lot situated at the intersection of two or more streets and at an angle of intersection of not more than one hundred thirty-five degrees.

Lot, interior. “Interior lot” means a lot other than a corner lot.

Lot, key. “Lot” or “key lot” means the first interior lot to the rear or a reversed corner lot.

Lot, reversed corner. “Reversed corner lot” means a corner lot, the rear of which abuts upon the side of another lot.

Lot, through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets.

Lot, zoning. See “Zoning lot.”

“Lot area” means the total area within the lot lines of a lot, exclusive of portions subject to easements or right-of-way for ingress and egress in favor of other lots or land, but including portions subject to easements for water, sewer, and other public utility purposes.

“Lot coverage” means the area of a lot occupied by all roofed structures, whether open box-type, lath roofs, or fully roofed, including buildings, accessory buildings, carports, garages, lanais, patios, porches, and recreational facilities. Covered walkways, trellis-covered parking and trellis-covered accessory equipment, underground parking when the roof is not more than an average height of thirty-six inches above the adjacent grade, and unroofed structures such as swimming pools, tennis courts, fences, and walls used as fences shall not be included in calculating lot coverage area.

“Lot depth” means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

“Lot line” means a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Lot line, front. “Front lot line” means a line separating the lot from the streets or place, and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.

Lot line, rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line.

Lot line, side. “Side lot line” means any lot boundary line not a front lot line or a rear lot line.

Lot line, zero. “Zero lot line” means a lot line from which there is no building setback.

“Lot width” means the least horizontal distance between lot lines measured through the midpoint of the lot. The midpoint shall be construed to be the midpoint between the opposite lot lines, except for flag lots where the stem shall not be considered.

“Maintenance easement” means an area of a parcel of land free of structures reserved to an adjacent parcel of land to allow access to repair and maintain a structure located on the adjacent parcel.

Medical center, major. “Major medical center” means a facility established for in-patient maintenance, observation, medical, dental, and other health care treatment and supervision, or for convalescence of persons afflicted with or suffering from sickness, disease, or injury, such as, but not limited to, hospitals and nursing homes.

Medical center, minor. “Minor medical center” means a facility established to provide medical, surgical, dental, laboratory, and x-ray, or other similar health care services to the general public without overnight accommodations.

“Motel” means the same as “hotel.”

“Nonconforming building or structure” means a building or structure or portion thereof which was previously lawful but which does not comply with the density, yard, setback, or height regulations of the district in which it is located, either on the effective date of the ordinance codified in this article or as a result of any subsequent amendment.

“Nonconforming lot” means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the zoning ordinance, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

“Nonconforming uses” means any use of a structure or zoning lot which was previously lawful but which does not conform to the applicable use regulations of the district in which it is located, either on the effective date of the ordinance codified in this article or as a result of any subsequent amendment.

“Nursery school” means an agency engaged in educational work with preschool children. Children enrolled are not necessarily in need of supplemental parental care.

“Occupancy” means the purpose for which a building is used or intended to be used. Change of occupancy is not intended to include change of tenants or ownership.

“Open space” means a zoning lot or portion thereof essentially free of structures or impervious surfaces that serve the purpose of visual relief and buffering from building and structural mass.

“Outdoor recreation” means leisure time activities and areas and accessory structures designed primarily for recreational activity in the open air. Examples of leisure time activities include, but are not limited to, hiking, fishing, hunting, clay shooting, camping, picnicking, equestrian activities, paragliding and hang gliding, skateboarding, roller blading, and mountain biking. Examples of accessory structures and facilities include, but are not limited to, restrooms, play courts, swimming pools, play arboretums, greenways, botanical gardens, petting zoos, and paint gun and archery ranges. Golf courses are not included.

“Park” means a tract of land designated and intended to be used for active or passive recreation.

Parking area, public. “Public parking area” means an open area, other than a street or alley, used for the parking of automobiles and available for public use whether free, for compensation, or as an accommodation for clients or customers.

Parking space, automobile. “Automobile parking space” means space within a public parking area or a building, exclusive of driveways, ramps, columns, office and work area for the temporary parking or storage of one automobile.

“Passive land use” means a land use that does not result in a permanent change in the land area on which the use occurs; does not involve or result in the dredging or mining of any material or natural resource on land; does not involve or result in the grading, removing, harvesting, grazing or extraction of any material or natural resource on land, except as part of an allowable agricultural use; and does not involve the construction of any structure, building, or facility on land.

“Person” means a natural person, known or unknown, the person’s heirs, executors, administrators or assigns, and also includes a firm, partnership, corporation, society, or association, its or their successors or assigns, or the agent of any of the aforesaid.

“Personal and business services” means establishments that offer specialized goods and services frequently purchased by individual consumers and businesses. Examples include barber shops and beauty salons, medical, dental or similar health care services, massage services, photography laboratories and studios, financial institutions, tailor and seamstress businesses, post office and parcel delivery, travel agencies, laundromats, and printing and duplicating shops.

“Personal services establishment” means any business or commercial activity involving the care of a person or his or her apparel, including, but not limited to, barber shops, beauty shops, garment repair, laundry cleaning, pressing, tailoring, and shoe repair.

“Prime, unique and other important agricultural land” means ALISH land, as identified on ALISH maps dated January 1977, which shall be in the custody of the Maui County department of planning.

“Principal use” means the primary or predominant use of any zoning lot.

“Private agricultural park” means a subdivision of an area of not less than twenty-five acres within the agricultural district that is restricted to agricultural use and that complies with all requirements and standards as set forth herein for private agricultural parks.

“Property owner” means the person owning the fee title or the person in whose name the legal title to the property appears by deed duly recorded in the office of the bureau of conveyances, or assistant registrar of the land court, or tax office of the County, and the person in possession of the property or building under claim of or exercising actions of ownership over the same for himself or as the executor, administrator, trustee, or guardian of the property.

“Public facility” or “public use” means a use conducted by, or a facility or structure owned or managed by, the government of the United States, the State of Hawaii, or the County of Maui which provides a governmental function, activity, or service for public benefit.

“Quasi-public use” or “quasi-public facility” means a use conducted by, or a facility or structure owned or operated by, a nonprofit, religious, or eleemosynary institution which provides educational, cultural, recreational, religious, or other similar types of public services.

Recreation, active. “Active recreation” means leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and facilities, and taking place at prescribed places, sites, or fields.

Recreation, indoor. “Indoor recreation” means facilities under roof, but not necessarily fully enclosed, for recreational activities or amusement, such as, but not limited to, arcades, auditoriums, bowling alleys, racquetball courts, billiard halls, skating rinks, theaters, and health and fitness clubs.

Recreation, open land. “Open land recreation” means public or private recreational use or enjoyment, including, but not limited to, parks, picnic grounds, beaches, beach accesses, greenways and areas for hiking, fishing, hunting, camping, equestrian activities, and other scenic interests, on a parcel or area of land or water which may be improved but which contains no buildings and which is set aside, designated, or reserved for such purposes.

Recreation, passive. “Passive recreation” means leisure time activities other than active recreation, including walking, hiking and picnicking on open land recreation areas.

“Residential mixed use development” means a building or buildings on individual or contiguous lots that combine general merchandising, general office, personal and business services, and/or other commercial purpose with residential uses that have a minimum area of thirty thousand square feet, and are located within a village mixed use district as allowed in a project district, B-2 community business district, B-3 central business district, and B-CT country town business district.

“Resource extraction” means activities engaged in the exploration, mining and processing of natural deposits of rock, gravel, sand, and topsoil.

“Riding academy” means a structure or premises where horses are boarded and cared for, where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding.

“Rooming house” means the same as “lodging house.” “School,” “elementary,” “intermediate” or “high school” each means an institution of learning which offers instructions in the several branches of learning and study required to be taught in the public school by the department of education of the state.

“Self-storage” means activities and facilities that provide storage areas to the public.

“Setback line” means the line beyond which the main wall of a building or structure shall not project.

“Short-term rental” means a transient vacation rental or use in which overnight accommodations are provided in dwelling units to guests for compensation, for periods of less than thirty days.

“Small-scale animal-keeping” means the keeping of dogs, cats, birds, rabbits, fowl, and similar type animals for noncommercial and domestic use. This also includes the keeping, grazing, and raising of pigs, goats, chickens, horses, cows, sheep, and similar type animals for noncommercial and domestic use in the agricultural and rural districts.

“Special use” means a use which meets the intent and purpose of the zoning district but which requires the review and approval of the appropriate planning commission in order to ensure that any adverse impacts on adjacent uses, structures, or public services and facilities which may be generated by the use can be, and are, mitigated.

Storage, wholesale and distribution. “Wholesale and distribution storage” means activities and facilities for the storage of goods and the bulk sale and distribution of products. Examples include warehouses, freight-forwarding and delivery operations, self-storage lockers, markets in which products are sold directly by their producers, and construction supply businesses.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

Street, private. “Private street” means open passage land or right-of-way not less than twelve feet in width suitable or intended for pedestrians and vehicles, the fee of which is vested in the owner or owners of land abutting such open passage land or right-of-way.

Street, public. “Public street” means a public thoroughfare, including public roads, streets, highways, and easements which are dedicated or deeded to the public for public usage and which affords principal means of access to abutting property.

“Structure” means a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above or below the surface of land or water.

“Time share plan” means any plan or program in which the use, occupancy, or possession of one or more time share units circulates among various persons for less than a sixty-day period in any year, for any occupant. The time share plan shall include both time share ownership plans and time share use plans, as follows:

1. “Time share ownership plan” means any arrangement whether by tenancy in common, sale, deed, or other means whereby the purchaser receives an ownership interest and the right to use the property for a specific or discernible period by temporal division; and

2. “Time share use plan” means any arrangement, excluding normal hotel operations, whether by membership agreement, lease, rental agreement, license, use agreement, security, or other means, whereby the purchaser receives a right to use accommodations or facilities, or both, in a time share unit for a specific or discernible period by temporal division, but does not receive an ownership interest.

“Time share unit” means the actual and promised accommodations, and related facilities, which are the subject of a time share plan.

“Transient” or “transients” means any visitor or person who owns, rents or uses a lodging or dwelling unit, or portion thereof, for less than one hundred eighty days and whose permanent address for legal purposes is not the lodging or dwelling unit occupied by the visitor. This definition shall not apply to nonpaying guests of the family occupying the unit and to patients or clients in health care facilities, full-time students, employees who receive room and/or board as part of their salary or compensation, military personnel, low-income renters receiving rental subsistence from state or federal governments whose rental periods are for durations shorter than sixty days, or lodging provided by nonprofit corporations or associations for religious, charitable or education purposes; provided, that no rental income is produced.

“Transient vacation rentals or use” means occupancy of a dwelling or lodging unit by transients for any period of less than one hundred eighty days.

“Use” means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.

Utility facilities, major. “Major utility facilities” means uses or structures which provide utility services which have potential major impact, by virtue of their appearance, noise, size, traffic generation, or other operational characteristics which include, but which are not limited to, forty-six kilovolt transmission substations, power plants, base yards, water and wastewater treatment facilities, but not including private, individual cesspools, septic tanks, or individual household water supplies.

Utility facilities, minor. “Minor utility facilities” means transmission lines used directly in the distribution of utility services that have minor impact on adjacent land uses which include, but which are not limited to, twenty-three kilovolt transmission substations, vaults, water wells, tanks and distribution equipment, sewage pump stations, and other similar type uses.

“Utility services” means the generation, transmission, or distribution of electricity, gas, or steam; water, irrigation, and sanitary systems used for the collection and disposal of garbage, sewage, and other wastes by means of destroying or processing these materials; transportation systems; and communication or other similar services.

“Wall” means a constructed solid barrier of concrete, stone, brick, tile, wood, or similar type of material that closes, marks, or borders a field, yard, or lot and that limits visibility and restricts the flow of air and light.

“Yard” means an open space on a lot unoccupied and unobstructed from the ground upward by any structure except as otherwise provided in this article. Wherever in this article an access yard, front yard, rear yard, or side yard of a stated number of feet is required, such expression shall be deemed to mean that the yard shall have a minimum depth of the number of feet so specified.

Yard, access. “Access yard” means the yard on which a driveway is located.

Yard, front. “Front yard” means a yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the front of the main building.

Yard, rear. “Rear yard” means a yard extending across the full width of the lot between the main building and the rear lot line. The depth of the required rear yard shall be measured from the nearest part of a main building at a ninety-degree angle from the building to the nearest point of the rear lot line.

Yard, side. “Side yard” means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard or rear lot line. The width of the required side yard shall be measured from the nearest point of the side lot line toward the nearest part of the main building.

“Zoning lot” means a lot or portion thereof within a single zoning development district, except as permitted under planned development or joint use approval shall be considered and treated as one zoning lot. (Ord. 3525 § 1, 2008; Ord. 3364 § 1, 2006; Ord. 3138 § 2, 2003; Ord. 2749 § 2, 1998; Ord. 2628 § 3, 1997: Ord. 2609 § 2, 1997; Ord. 2585 § 3, 1997: Ord. 2583 § 2, 1997; Ord. 2538 § 1, 1997; Ord. 2135 § 3, 1992; Ord. 2052 §§ 1, 2, 1991; Ord. 2031 § 2 (part), 1991: Ord. 2026 §§ 1—4, 1991: Ord. 2012 § 1, 1991; Ord. 1797 §§ 1—6, 1989: Ord. 1629 § 1, 1987: Ord. 1278 §§ 1—3, 1982: Ord. 1134 § 2, 1981: prior code § 8-1.2)