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

County Rural
RU-0.5
RU-1
Notes
Minimum Lot Area
1/2 acre
1/2 acre
1 acre

Minimum Lot Width
100 feet
100 feet
150 feet

Maximum Building Height
30 feet
30 feet
30 feet
Except that vent pipes, fans, chimneys, antennae, and solar collectors on roofs shall not exceed forty feet.
Minimum Yard Setback
Front 25 feet
Front 25 feet
Front 35 feet


Side 15 feet
Side 15 feet
Side 20 feet


Rear 15 feet
Rear 15 feet
Rear 2 0 feet

Walls Within Setback Area
4 feet maximum
4 feet maximum
4 feet maximum
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)