Title 19 ZONING
Chapter 19.29 RURAL DISTRICTS
19.29.010 Purpose and intent.
19.29.020 District standards.
19.29.030 Permitted uses.
19.29.040 Uses permitted with a County special use permit.
19.29.050 Exemptions pursuant to state law.
19.29.060 Rule making authority.
19.29.010 Purpose and intent.
A. Purpose. The purpose of the rural districts is to implement the goals
and policies of the Maui County general plan and community plans; to provide low
density development which preserves the rural character of certain areas; to
allow small-scale agricultural uses and the keeping of animals; and to serve as
a transition between standard residential or other urban density development and
agricultural lands.
B. Intent. It is the intent of this chapter to
promote proper planning of land use and infrastructure development. Any zoning
of lands to a rural zoning district shall be consistent with the rural and open
space character of the area; shall have adequate infrastructure and public
facilities; and shall be in conformance with Maui County general plan and
community plan land use designations. (Ord. 2583 § 4 (part),
1997)
19.29.020 District standards.
Except as otherwise provided in this chapter, the following district
standards shall apply for uses, facilities, and structures in the rural
districts:
DEVELOPMENT STANDARDS
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County Rural
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RU-0.5
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RU-1
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Notes
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|
Minimum Lot Area
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1/2 acre
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1/2 acre
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1 acre
|
|
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Minimum Lot Width
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100 feet
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100 feet
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150 feet
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|
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Maximum Building Height
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30 feet
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30 feet
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30 feet
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Except that vent pipes, fans, chimneys, antennae, and solar collectors on
roofs shall not exceed forty feet.
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Minimum Yard Setback
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Front 25 feet
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Front 25 feet
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Front 35 feet
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|
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Side 15 feet
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Side 15 feet
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Side 20 feet
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|
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Rear 15 feet
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Rear 15 feet
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Rear 2 0 feet
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|
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Walls Within Setback Area
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4 feet maximum
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4 feet maximum
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4 feet maximum
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This does not preclude constructing fences on the top of the wall for
safety purposes. The director may permit greater heights of walls as needed to
retain earth, water, or both, for health and safety reasons.
|
(Ord. 3524 § 1, 2008: Ord. 2583 § 4 (part),
1997)
19.29.030 Permitted uses.
The following uses and structures shall be permitted in the RU-0.5, RU-1
and County rural districts provided they also conform with all other applicable
laws:
A. Principal Uses.
1. One single-family dwelling per
one-half acre in the RU-0.5 and County rural districts; and one single-family
dwelling per one acre in the RU-1 district;
2. Growing and harvesting of
any agricultural or agricultural crop or product, subject to restrictions set
forth in this chapter;
3. Minor utility facilities as defined in section
19.04.040 of this code;
4. Parks for public use; but not including
commercial: camping, campgrounds, campsites, overnight camps, and other similar
uses; and
5. Day care nurseries, kindergartens, nursery schools, child
care homes, day care homes, adult 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 clients at any one time on lot sizes of less than seven thousand five
hundred square feet, serving eight or fewer clients at any one time on lot sizes
of seven thousand five hundred or more square feet but less than ten thousand
square feet, or serving twelve or fewer clients at any one time on lot sizes of
ten thousand or more square feet.
B. Accessory
Uses.
1. Accessory uses such as garages, carports, barns, greenhouses,
gardening sheds, and similar structures which are customarily used in
conjunction with and incidental and subordinate to a principal use or
structure;
2. The keeping of livestock, hogs, poultry, and fowl and game
birds;
3. One accessory dwelling per lot, in accordance with the
provisions of chapter 19.35, Maui County Code;
4. Small-scale energy
systems, which are incidental and subordinate to principal uses;
and
5. Stands for the purpose of displaying and selling agricultural,
floriculture or farming products, if such products have been produced or grown
on the premises, subject to standards in section 19.29.020, Maui County Code.
Goods produced off-premises are expressly prohibited. (Ord. 3524 § 2, 2008:
Ord. 2648 § 3, 1998; Ord. 2583 § 4 (part), 1997)
19.29.040 Uses permitted with a County special use permit.
The following uses and structures shall be permitted in the RU-0.5, RU-1
and County rural districts provided a County special use permit, pursuant to
section 19.510.070, Maui County Code, has first been
obtained:
A. Commercial stables, riding academies;
B. Schools,
churches and religious institutions, and private clubs and lodges; but not
including commercial: camping, campgrounds, campsites, overnight camps and other
similar uses;
C. Cemeteries, crematories, and
mausoleums;
D. Major utility facilities as defined in section 19.04.040,
Maui County Code;
E. Day care nurseries, kindergartens, nursery schools,
child care homes, day care homes, adult 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 19.29.030. (Ord. 3524 § 3,
2008: Ord. 2648 § 4, 1998; Ord. 2583 § 4 (part), 1997)
19.29.050 Exemptions pursuant to state law.
The following shall be exempt from the requirements of this chapter if, or
as, provided by Hawaii Revised Statutes:
A. If provided by statute, for
lands legally defined and recognized as hui, kuleana, or similar type of land
ownership:
1. The density restrictions of sections 19.29.030.A.1 and B.3
shall not apply; and
2. The district standards set forth in section
19.29.020 pertaining to minimum lot area, minimum lot width and minimum yards
shall not apply.
B. As provided by section 205-2(4)(c), Hawaii Revised
Statutes, one lot of less than one-half acre, but not less than eighteen
thousand five hundred square feet, resulting from a subdivision. (Ord. 2583
§ 4 (part), 1997)
19.29.060 Rule making authority.
The director may adopt administrative rules to clarify and implement this
chapter. (Ord. 3524 § 4, 2008)
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