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)