A. The B-CT country town business district is intended to establish development standards for businesses in the rural communities.

B. It is intended that the unique urban design character of the more remote business districts be preserved and maintained to promote the “country town” atmosphere of the various rural business communities in Maui County.

C. This B-CT country town business district zoning ordinance establishes the means of implementing various provisions of Maui County community plans. Provisions in such community plans promote retention of certain aspects of the rural-agricultural lifestyle that have developed over the years in the commercial areas of the small rural communities throughout Maui County. These communities traditionally feature single-unit retail establishments in separate buildings or units with a shared common wall. Structures, generally, are small in scale, oriented in heights to a pedestrian scale, and rustic in design. These areas differ from modern urban centers that feature shopping centers and business establishments that utilize on-site parking.

Examples of the country town concept are, therefore, commercial areas of such rural based communities as Makawao-Pukalani-Kula, Paia-Haiku, Hana, Lanai City, and Molokai. Other areas on the fringes of larger urban concentrations, however, may qualify for B-CT country town business district zoning if consistent with the applicable community plan. The decision as to which areas, in detail, are appropriate for this zoning category is dependent on numerous variables and involves both subjective and objective considerations. (Ord. 3417 § 1 (part), 2006: Ord. 1629 § 2 (part), 1987)

Within the B-CT country town business district, the following uses shall be permitted:

A. Principal Uses:

1. Amusement and recreational activities that are situated within completely enclosed buildings,

2. Automobile services,

3. Auditoriums and theaters,

4. Bakeries,

5. Buildings and premises utilized, owned, or operated by government agencies, including community centers,

6. Business, financial, and professional offices,

7. Commercial retail establishments,

8. Eating and drinking establishments,

9. Educational, research, trade, and personal skills facilities and learning centers,

10. Fitness centers and dancing studios,

11. Hardware, feed, and garden stores; provided, that feed and fertilizer are kept within an enclosed building,

12. Laundromats,

13. Music studios,

14. Parking lots,

15. Personal service establishments,

16. Printing establishments that are totally enclosed within a building,

17. Religious, benevolent, and philanthropic societies, and civic organizations,

18. Bed and breakfast homes, in lawfully existing single-family dwellings, subject to the restrictions and standards of section 19.64.030 of this title,

19. Day care facilities, except on Molokai,

20. Medical facilities and animal hospitals, except on Molokai,

21. Multifamily dwellings, duplexes, and bungalow courts, except on Molokai, and

22. Combinations of dwelling units with other permitted principal uses in the same building, except on Molokai;

B. Accessory uses and structures necessary to facilitate the establishment of permitted principal uses. (Ord. 3417 § 1 (part), 2006: Ord. 2609 § 4, 1997: Ord. 1629 § 2 (part), 1987)

The following are declared special uses in the B-CT country town business district, and approval of the commission shall be obtained, upon conformance with the intent of this article and subject to such terms and conditions as may be warranted and required.

A. Public utility substations that will not be hazardous or a nuisance to the surrounding area;

B. Light manufacturing such as leather crafting and sewing; provided, that the light manufacturing is primarily associated with a permitted use established under section 19.15.020 of this chapter and totally contained within the individual business establishment;

C. Upholstery, canvas, and sign painting and surfboard making shops that are totally contained within the individual business establishment;

D. Telecommunication offices and facilities; provided, that all exterior telecommunication equipment shall be set back at least twenty-five feet from any property line and that such telecommunication equipment shall be screened from public view by appropriate means, including, but not limited to, landscape planting;

E. Other uses that are similar in character to permitted and special uses and consistent with the unique character, identity, and needs of the country town, and that are not detrimental to the welfare of the surrounding area; and

F. Storage facilities not associated with a permitted use. (Ord. 3417 § 1 (part), 2006: Ord. 1629 § 2 (part), 1987)

Development standards for the B-CT country town business district shall be:

A. Minimum lot area: six thousand square feet;

B. Minimum lot width: sixty feet;

C. Minimum structure setback:

1. Front yard: no setback unless specified by the adopted design guidelines;

2. Side and rear yard:

a. No setback where off-street parking is provided;

b. Where the side or rear of a lot abuts a lot in any zoning district that requires a setback, the abutting side or rear yard shall have the same yard spacing as required in the district;

D. Maximum height: two stories not exceeding thirty-five feet;

E. Substandard buildings: buildings on existing substandard lots may be reconstructed on the established building footprint in situations where the planning director determines, in accordance with established design guidelines, that such reconstruction does not detrimentally affect the character of the district. (Ord. 3417 § 1 (part), 2006: Ord. 1629 § 2 (part), 1987)

A. The following are declared conditional uses in the B-CT country town business district:

1. Hotels; provided, that the following additional standards of development are followed:

a. A minimum side yard setback of ten feet,

b. A minimum rear yard setback of ten feet,

c. A maximum lot coverage of twenty-five per cent, and

d. A maximum floor area-lot area ratio of 1.0;

2. Vehicle bodywork, frame or body parts straightening, steam cleaning, painting, welding, storage of nonoperating vehicles, and tire recapping or regrooving; provided, that all work shall be done in an enclosed building and that the following additional standards of development are followed:

a. A minimum side yard setback of ten feet to include a minimum six-foot-high wall on the side property line,

b. A minimum rear yard setback of ten feet to include a minimum six-foot-high wall on the rear property line,

c. Landscape planting and irrigation: an appropriate landscape planting and irrigation plan shall be prepared for implementation in order to soften the visual impact of perimeter walls and the storage or nonoperating vehicles;

B. A conditional permit shall be obtained for the abovementioned uses pursuant to chapter 19.40 of this code. (Ord. 3417 § 1 (part), 2006: Ord. 1629 § 2 (part), 1987)

A. All buildings and structures shall be erected, constructed, reconstructed, renovated, remodeled, enlarged or converted in a similar and compatible architectural design character with that of surrounding commercial buildings. It is intended that an identifiable and unified urban design theme be retained within each BC-T country town business district. The urban design theme shall be in conformance with established design guidelines and standards for each community as reviewed by the commission, and adopted by resolution. Except as necessary to protect public health, safety and welfare, where a conflict exists between adopted country town business district design guidelines and standards, and the Maui County Code, the design guidelines and standards shall prevail.

Review of the design guidelines and standards by the commission shall include review and comment by the urban design review board and completion of a public review consisting of an advertised public meeting in each country town and an advertised public hearing held by the commission for each community planning area.

In developing site design guidelines and standards, consideration shall be given to (i) the functional and spatial relationships with surrounding uses, and (ii) the relationship of landscape planting in the aesthetic continuity of surrounding sites.

In developing architectural design guidelines and standards, consideration shall be given to (i) the existing variety of form and massing elements, (ii) the size and proportions of surrounding structures, (iii) the relationship of the predominant directional expression of nearby buildings, (iv) the manner of articulation of main building entrances, (v) the roof forms and composition of structures found in the area, (vi) the recurrent alteration of wall areas with door and window elements in facades, and (vii) the use of building material type, texture, and color schemes of surrounding buildings.

B. The design guidelines and standards shall be adopted by resolution, and administered by the planning director, except, however, that the approved drainage and roadway standards guidelines shall be administered by the director of public works and environmental management. Design plans for improvements within the B-CT country town business districts shall be approved by the planning director in accordance with the established guidelines or as being compatible with the architectural design character of existing town design concept until such time as guidelines are developed for an area.

C. Pending adoption by the council of the design guidelines and standards herein required, the planning director shall review all proposals in the context of the general intent of enhancing design features of country towns as herein set forth and in so doing shall include consideration of the following factors in the review:

1. Siting should reflect the functional and spatial relationships with surrounding uses, including preservation of scenic and historic view corridors;

2. Landscape planting should enhance the aesthetic continuity of surrounding sites;

3. Building massing should be compatible with the existing variety of form and massing elements;

4. Building scale should respect the size and proportions of surrounding structures;

5. Directional orientation should foster the relationship of the predominant directional expression of nearby buildings;

6. Entry features should reflect the manner of articulation of main building entrances;

7. Roof form and composition should be compatible with that of structures found in the area;

8. Patterns of facade openings should be compatible with the recurrent alteration of wall areas with door and window elements; and

9. The use of building material type, texture, and color schemes should be compatible with those of surrounding buildings.

D. An applicant may appeal to the commission for reconsideration of an administrative action on a design plan by filing a notice in writing to the planning director within ten days after such administrative action. Such notice shall set forth in detail the action and the grounds upon which the applicant deems himself aggrieved. Approval of the design plan may be granted when the commission finds that the proposed plan maintains the design integrity of the B-CT country town business district. In acting, the commission may approve, approve with modifications, or deny the reconsideration. (Ord. 3417 § 1 (part), 2006: Ord. 1629 § 2 (part), 1987)