Title 19 ZONING
Chapter 19.09 R-O ZERO LOT LINE RESIDENTIAL DISTRICT
19.09.010 Purpose and intent.
19.09.020 Change of zoning requirements.
19.09.030 Permitted uses.
19.09.040 Special uses.
19.09.050 Height.
19.09.060 Lot area.
19.09.070 Lot width.
19.09.080 Setback lines and yard requirements.
19.09.090 Design standards.
19.09.010 Purpose and intent.
The purpose and intent of the R-O zero lot line residential district is to
encourage affordable housing in a district which retains the character of a
single-family residential district with cost savings attributable to less street
frontage per zoning lot and smaller lot sizes. This chapter applies to all of
Maui County except the island of Molokai. (Ord. 2026 § 5, 1991)
19.09.020 Change of zoning requirements.
A change of zoning application which requests R-O zero lot line
residential district zoning shall be processed pursuant to chapter 19.510 of
this code and shall be subject to the following additional
requirements:
A. Submittal With Application. A site plan of the land
which is the subject of a change of zoning application for rezoning to R-O zero
lot line residential district shall be submitted with the application for a
change of zoning. The site plan shall identify the lots which would be created
upon the rezoning of the subject land to R-O zero lot line residential district,
the zero lot lines of each of these lots, and the location of the structures on
each lot. Not less than ten lots shall be identified on the site plan;
and
B. Conditional Zoning Requirement. A change of zoning application
which requests R-O zero lot line residential district zoning shall be processed
pursuant to section 19.510.050 of this code and shall be subject to the
following conditions:
1. That a site plan which meets the requirements
of subsection 19.09.020(A) of this code shall be recorded as provided in section
19.510.050; and
2. That any development of the subject parcel of land
shall conform to the recorded site plan. The subdivision and building plans
submitted for approval may deviate from the recorded site plan if the director
of public works determines that the deviation is not a substantial deviation. If
the director of public works determines that a substantial deviation between the
subdivision and building plans submitted for approval and the recorded site plan
exists, the applicant shall obtain County council approval of the deviations in
order to receive approval of the subdivision and building permit plans by the
director of public works. (Ord. 2026 § 5, 1991)
19.09.030 Permitted uses.
Within the R-O zero lot line residential district, the following uses
shall be permitted:
A. One single-family dwelling unit per
lot;
B. Accessory buildings and uses which are subordinate and
customarily incidental to the single-family dwelling unit including, but not
limited to, private garages, carports, utility storage sheds but not including
accessory dwellings as defined in chapter 19.35; and
C. Day care
nurseries, kindergartens, nursery schools, child care homes, day care homes, day
care centers, nurseries, preschool kindergartens, babysitting services, and
other like facilities located in dwelling units used for child care services.
These facilities shall serve six or fewer children at any one time on lot sizes
of less than seven thousand five hundred square feet, serving eight or fewer
children at any one time on lot sizes or seven thousand five hundred or more
square feet but less than ten thousand square feet, or serving twelve or fewer
children at any one time on lot sizes of ten thousand or more square feet. (Ord.
2648 § 1, 1998: Ord. 2585 § 4, 1997: Ord. 2026 § 5,
1991)
19.09.040 Special uses.
Within the R-O zero lot line residential district, the following uses
shall be permitted only upon the approval of the appropriate planning
commission:
A. Private, noncommercial, recreational amenities which
include, but which are not limited to, parks, playgrounds, and community
facilities for the use and enjoyment of the R-O zero lot line residential
district residents;
B. Public access ways to beaches, mountains, and
historic or other areas of scenic and cultural significance;
C. Adult
day care homes from which residents of the homes provide care for not more than
six adults; provided, that such home are approved by the appropriate State of
Hawaii agencies; and
D. Day care nurseries, kindergartens, nursery
schools, child care homes, day care homes, day care centers, nurseries,
preschool kindergartens, babysitting services, and other like facilities located
in dwelling units used for child care services serving more than the number of
children defined in section 19.09.030. (Ord. 2648 § 2, 1998: Ord. 2026
§ 5, 1991)
19.09.050 Height.
No building shall exceed thirty feet in height. (Ord. 2026 § 5,
1991)
19.09.060 Lot area.
The lots upon which dwelling units are to be built in the R-O zero lot
line residential district shall not be less than three thousand square feet and
not more than six thousand square feet in area; provided, that smaller lot sizes
may be permitted if the total lot area, including easements, is not less than
three thousand square feet. (Ord. 2026 § 5, 1991)
19.09.070 Lot width.
No building shall be constructed on a lot with a lot width of less than
thirty-five feet; provided, that the stem of a flag lot shall be excepted from
the requirement. (Ord. 2026 § 5, 1991)
19.09.080 Setback lines and yard requirements.
A. Front Setback Line. A lot with frontage which abuts a public street
shall have a setback line from the front lot line of ten feet;
B. Access
Yard Setback Line. There shall be an access yard setback line of fifteen
feet;
C. Zero Lot Line. Not more than one zero lot line shall be
permitted in accordance with the standards established in this chapter;
provided, that one other zero lot line shall be permitted to allow two private
garages or carports on two, abutting lots to adjoin;
D. Setback for
Alternating Zero Lot Lines. For lots where a zero lot line of a lot is not
adjoined by a zero lot line of an adjacent lot, this adjacent lot shall provide
a ten- foot setback line and shall include a five-foot-wide maintenance easement
pursuant to section 19.09.090 of this chapter;
E. Other Setback Lines.
Except for the front setback line, access yard setback line, zero lot lines, and
setback for alternating zero lot lines, there shall be setbacks from all other
lot lines of not less than six feet for a lot upon which a one-story dwelling
unit is built and not less than ten feet for a lot upon which a two-story
dwelling unit is built;
F. Additional Yard. Except for the front setback
line and the zero setback lines, there shall be at least one other yard of not
less than two hundred twenty-five square feet with a width of ten feet. (Ord.
2026 § 5, 1991)
19.09.090 Design standards.
A. Staggered Siting of Dwelling Units. Siting of dwelling units shall be
staggered not less than three feet on adjacent lots; provided, that dwelling
units built on adjoining zero lot lines which are designed and constructed
together shall be exempt from this requirement;
B. Two Dwelling Units
Located on Same Zero Lot Line. If a dwelling unit is placed against a property
line with a zero setback line, a dwelling unit may also be placed on the same
zero setback line on the adjacent lot; provided, that the dwelling units are
designed and constructed together; and provided, further, that each dwelling
unit shall have separate walls designed to support all loads independently of
any walls located on the adjacent property;
C. Dwelling Units Located
Adjacent to Other Zoning Districts. No dwelling unit shall be sited on a zero
lot line if the adjacent lot is in another zoning district;
D. Dwelling
Units Located on Alternating Zero Lot Line. Dwelling units may be located on
alternating lot lines if a zero lot line of a lot is not adjoined by a zero lot
line of an adjacent lot; provided, that if a zero lot line of a lot is not
adjoined by a zero lot line of an adjacent lot, this adjacent lot shall reserve
a maintenance easement for the benefit of the lot with the adjoining zero lot
line of not less than five-foot width from the lot line of this adjacent lot
which adjoins the zero lot line of the lot with the dominant tenement identified
in this section;
E. Access. Shared driveway or private street easements
shall be noted on a final plat of the property and incorporated into each deed
transferring title to the property.
F. Tandem Parking. Tandem parking to
meet parking requirements of this title may be provided on individual lots or on
driveways which are for the exclusive use of an individual lot. No parking shall
be permitted on sidewalks or maintenance and access easements. (Ord. 2026 §
5, 1991)
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