Chapter 19.07 OPEN SPACE DISTRICTS

The open space zoning district is established to implement the land use policies of the County of Maui;

protect and preserve areas with important environmental, scenic, and cultural resources; provide areas for outdoor recreation; direct development away from fragile ecosystems and agricultural areas; retain the spatial identity of existing urban areas and discourage urban sprawl; and manage development in hazardous areas. The open space district is also intended for lands that are removed from the conservation district pursuant to chapter 205, Hawaii Revised Statutes, until such time as the lands are designated into the most appropriate zoning district. (Ord. 3138 § 4 (part), 2003)

Table 19.07.020 District Categories.
Category	Where applied
0S-1 (Passive)	Areas designated for open space use on the community plan map primarily to recognize sensitive ecological resources such as threatened and endangered species habitat, wetlands and other similar resources and cultural resources such as Hawaiian heiau and other significant cultural sites.
0S-2 (Active)	Areas designated for open space use on the community plan map primarily to recognize scenic and recreational resources; hazardous areas; drainage ways; and open space greenbelts that provide visual relief from building mass and buffer sensitive ecological resources or agricultural activities from urbanized areas.

Table 19.07.030 Permitted Uses
Uses	OS-1	OS-2	Special Conditions
A. Principal uses.
1. Agriculture		x	No processing of products on premises.
2. Native Hawaiian traditional and customary uses	x	x	Customary and traditionally exercised subsistence, cultural and religious uses in accordance with article XII, section 7, of the Hawaii State Constitution, and Hawaii case law.
3. Outdoor recreation		x	Limited to hiking; fishing; hunting; noncommercial tent camping; picnicking; equestrian activities; walking, jogging and bicycling; and playfields with non-permanent seating. Uses not listed are not allowed as a principal use.

4. Park 19.07.030	x	x	OS-1 category: Limited to recreation, passive. OS-2 category: Not including golf courses. Not including commercial uses except when under the supervision of government agency in charge of parks and playgrounds.
5. Passive land use	x	x
6. Recreation, passive	x	x
7. Restoration of cultural sites	x	x	Includes retention, restoration, or rehabilitation of buildings, sites or cultural landscapes of historical or archeological significance.
B. Accessory uses.
1. Assembly area		x	Includes only unenclosed and typically uncovered seating area in association with a park or outdoor recreation.
C. Special uses. The following uses and structures shall be permitted in the open space districts if a special use permit has been obtained pursuant to section 19.510.070 of this code.
1. Agriculture	x	x	Agriculture within the OS-1 district and processing of agricultural products in the OS-2 district.
2. Cemetery		x
3. Outdoor recreation	x	x	Outdoor recreation within the OS-1 district. Commercial tent camping, motorized recreational vehicles and playing fields with permanent seating are not permitted in the OS-1 district and a special use permit is required for these uses in the OS-2 district.
4. Park	x		Uses not permitted as a principal use; but not including golf courses, and not including commercial uses except when under the supervision of a government agency in charge of parks and playgrounds.
5. Resource extraction		x	Limited to the Island of Lanai only; and limited to the extraction of natural material only; no processing permitted on site.
6. Structure	x	x	Facilities associated with a principal use or approved special use, such as restrooms, information kiosks, required off-street parking, solar systems, and equipment sheds. Subject to the plan conditions of section 19.07.060.

Table 19.07.040 Development Standards
Standard	Category
Standard	OS-1	OS-2
Minimum yard setback
Front	25 feet
Side and rear	15 feet
Minimum lot size	None
Minimum lot width 19.07.040	None
Maximum height limit	15 feet	1 story/15 feet
Maximum wall height	4 feet (Within the front yard setback as measured from finished or existing grade, whichever is lower. The director of public works and environmental management may permit greater heights of walls as needed to retain earth, water or both for health and safety purposes)
Maximum lot coverage	2% or 2,500 square feet, whichever is less	5% or 2,500 square feet, whichever is less

The director of planning shall review all structures that are permitted pursuant to section 19.07.030 for consistency with the following site plan conditions:

A. Structures shall be sited to minimize visibility from public roadways and the shoreline;

B. An adequate buffer shall be provided to protect cultural sites, threatened and endangered species and the ecosystems upon which such species are dependent; and other sensitive environmental resources;

C. Materials and colors shall blend with the natural landscape;

D. Structures shall be sited to minimize encroachment onto either the summit of a ridge or other prominent physiographic feature; and

E. Structures shall be sited or constructed in a manner to avoid or mitigate potential impacts from flooding and other natural hazards. (Ord. 3138 § 4 (part), 2003)

19.07.070 Legal uses and structures existing prior to the enactment of the ordinance codified in this chapter.

Legal uses existing at the time of adoption of the ordinance codified in this chapter shall be grandfathered and may continue without having to obtain County special use permits, conditional permits or variances until such time as the use is discontinued for twelve or more consecutive months. Any dwelling or structure that was lawfully constructed prior to the enactment of this ordinance need not acquire a County special use permit, conditional permit or variance and may be repaired and may be reconstructed as permitted by the original building permit(s), and such dwellings or structures may be expanded or modified with a building permit, subject to the other provisions of this chapter and this title and any other provisions of law. (Ord. 3138 § 4 (part), 2003)