Title 19. Zoning
Chapter 19.615 PARK DISTRICTS
19.615.010 General purpose and intent.
19.615.020 PK-1 neighborhood park district.
19.615.030 PK-2 community park district.
19.615.040 PK-3 regional park district.
19.615.050 PK-4 golf course park district.
19.615.010 General purpose and intent.
A. The general purpose and intent of the park district ordinances are to
preserve and manage lands for passive or active recreational activities by a
system of parks suited to the varying recreational needs of the county, to
provide parks which are of differing sizes and uses, and to implement the
general plan and community plans of the county and the land use laws of the
state.
B. Except as otherwise provided, uses not expressly stated in
this chapter as permitted are prohibited in this district. If a state special
use permit is required pursuant to chapter 205 of the Hawaii Revised Statutes
for parcels located in the state agricultural district, such permit shall be
obtained prior to the issuance of any construction permit, including but not
limited to, grading, subdivision, building, and other construction permits.
(Ord. 2031 § 5 (part), 1991)
19.615.020 PK-1 neighborhood park district.
A. Purpose and Intent. The purpose and intent of the PK-1 neighborhood
park district is to provide park areas designed to meet the passive and active
recreational needs of a neighborhood. This district shall be established to
serve concentrated population areas in the immediate vicinity of these areas,
shall be operated by a public or private non-profit, eleemosynary organization
or a homeowners'
association, and shall not be operated for a commercial
purpose. This district shall primarily be located in the state urban
district.
B. Permitted Uses. The following uses shall be permitted
within the PK-1 neighborhood park district:
1. Principal
Uses.
a. Campgrounds; provided, that no camping unit shall be located
less than one thousand feet away from a dwelling unit; and provided further,
that the only camping units permitted on the campground shall be tents and
recreational vehicles,
b. Fishing,
c. Neighborhood
centers,
d. Open land
recreation,
e. Picnicking,
f. Playgrounds,
g. Playing
courts and playfields of neighborhood scale, and
h. Swimming pools of
noncompetitive, neighborhood size and scale.
2. Accessory Uses and
Structures. Accessory uses and structures which include, but which are not
limited to, the following:
a. Historic buildings, structures or sites or
areas of scenic interest,
b. Comfort stations,
c. Maintenance
and storage structures,
d. Off-street parking and
loading,
e. Park furniture,
f. Pavilions, and
g. Play
and outdoor exercise equipment.
C. Minimum Development Standards. Except
as otherwise provided in this title, the following shall be the minimum
development standards which shall apply for uses and facilites located on a
zoning lot in this district:
1. Mimimum lot area, two
acres;
2. Mimimum lot width, two hundred feet;
3. Minimum yards,
twenty feet;
4. Maximum height, fifteen feet; provided, that minor
utility facilities, vent pipes, fans, chimneys, and energy-savings devices shall
be permitted additional height if the item is mounted on the roof of a facility;
except, that in no event shall this additional height exceed five feet above the
governing height limit. (Ord. 2031 § 5 (part), 1991)
19.615.030 PK-2 community park district.
A. Purpose and Intent. The purpose and intent of the PK-2 community park
district is to provide park areas designed to meet the passive and active
recreational needs of a community comprised of several neighborhoods and to
provide recreational activities and facilities which are more intensive uses
than are permitted in the PK-1 neighborhood park district. This district shall
be located adjacent to or in areas designated for residential use, shall be
operated by a public or private non-profit organization, and shall not be
operated for a commercial purpose. This district shall primarily be located in
the state urban and rural districts.
B. Permitted Uses. The following
uses shall be permitted within the PK-2 community park
district:
1. Principal Uses.
a. Campgrounds; provided, that no
camping unit shall be located less than one thousand feet away from a dwelling
unit; and provided further, that the only camping units permitted on the
campground shall be tents and recreational vehicles,
b. Community
centers,
c. Fishing,
d. Open land
recreation,
e. Picnicking,
f. Playgrounds,
g. Playing
courts of community scale but not including tennis centers,
h. Playing
fields for outdoor community uses,
i. Swimming pools,
and
j. Trail activities; except those for motorbikes or
automobiles.
2. Accessory Uses and Structures. Accessory uses and
structures which include, but which are not limited to, the
following:
a. Comfort
stations,
b. Gymnasiums,
c. Historic buildings, structures or
sites or areas of scenic interest,
d. Luaus, carnivals, bazaars and
fairs which are special events and temporary in nature. For purposes of this
section, “temporary” means no more than ten days in a one year
period,
e. Maintenance and storage structures,
f. Off-street
parking and loading,
g. Park
furniture,
h. Pavilions,
i. Play and outdoor exercise equipment,
and
j. Skating, including skateboard facilities.
C. Minimum
Development Standards. Except as otherwise provided in this title, the following
shall be the minimum development standards which shall apply for uses and
facilities located on any zoning lot in this district:
1. Minimum lot
area, twenty-five acres;
2. Minimum lot width, four hundred fifty
feet;
3. Minimum yards, twenty feet, and
4. Maximum height,
thirty-five feet; provided, that minor utility facilities, vent pipes, fans,
chimneys, and energy-savings devices shall be permitted additional height if the
item is mounted on the roof of a facility; except, that in no event shall this
additional height exceed five feet above the governing height limit. (Ord. 2031
§ 5 (part), 1991)
19.615.040 PK-3 regional park district.
A. Purpose and Intent. The purpose and intent of the PK-3 regional park
district is to provide park areas designed for more intensive recreational and
cultural facilities and uses than are permitted in the PK-1 neighborhood park
district and the PK-2 regional park district. This district permits a limited
number of uses for a commercial purpose which are designed to be used by the
users of the park. This district shall only be located in the state urban and
rural districts.
B. Permitted Uses. The following uses shall be
permitted within the PK-3 regional park district:
1. Principal
Uses.
a. Archery and gun ranges,
b. Athletic complexes for
regional competitive activities including arenas, stadiums and tennis
centers,
c. Automobile, go-carts and motorbike
activities,
d. Botanical gardens,
e. Cultural and performing
arts,
f. Campgrounds; provided, that no camping unit shall be located
less than one thousand feet away from a dwelling unit,
g. Historic
buildings, structures or sites or areas of scenic
interest,
h. Gymnasiums,
i. Marinas,
j. Open land
recreation and other passive recreational activities,
k. A private,
for-profit park which is not owned or operated by a private or public nonprofit,
eleemosynary, organization; provided, that only the uses identified as a
principal, accessory, or special uses by the provisions of this chapter may be
permitted in a private park,
l. Playgrounds and
playfields,
m. Playing courts,
n. Riding
stables,
o. Swimming pools,
p. Skating, including skateboard
facilities,
q. Skeet and trap fields,
r. Trail activities,
and
s. Zoos.
2. Accessory Uses and Structures. Accessory uses
and structures which include, but which are not limited to, the
following:
a. One caretaker's dwelling unit,
b. Comfort
stations,
c. Limited commercial uses such as ticket sales, souvenir
shop, snack bar or other eating facility which are designed and scaled to meet
the needs of the members, guests or users of the park,
d. Luaus,
carnivals, bazaars and fairs which are special events and temporary in nature.
For purposes of this section, “temporary” means not more than ten
days in a one-year period,
e. Maintenance and storage
structures,
f. Off-street parking and loading,
g. Park
furniture,
h. Pavilions, and
i. Play and outdoor exercise
equipment.
C. Minimum Development Standards. Except as otherwise
provided in this title, the following shall be the minimum development standards
which shall apply for uses and facilities located on any zoning lot in this
district:
1. Minimum lot area, one hundred acres;
2. Minimum
yards, twenty feet; and
3. Maximum height, seventy-five feet; provided,
that minor utility facilities, vent pipes, fans, chimneys, and energy-savings
devices shall be permitted additional height if the item is mounted on the roof
of a facility; except, that in no event shall this additional height exceed five
feet above the governing height limit.
D. Project Master Plan and
Development Plan Required. A project master plan and a development plan shall be
required pursuant to article V of this title. (Ord. 2031 § 5 (part),
1991)
19.615.050 PK-4 golf course park district.
A. Purpose and Intent. The purpose and intent of the PK-4 golf course
district is to provide golf courses in the state urban district and state
agricultural district which conform to the provisions of chapter 205 of the
Hawaii Revised Statutes on lands designated for park use by the community plans
of the county. It is further intended that viable agricultural uses be
encouraged to continue and that the use of potable groundwater for irrigation be
discouraged.
B. Permitted Uses. The following uses shall be permitted
within the PK-4 golf course park district; provided, that if a state special use
permit is required pursuant to chapter 205 of the Hawaii Revised Statutes for
parcels located in the state agricultural district such permit shall be obtained
prior to any construction permit, included but not limited to, grading,
grubbing, building and other construction permits being
issued:
1. Principal Uses.
a. Golf courses except for miniature
golf courses, and
b. Historic buildings, structures or
sites.
2. Accessory Uses and Structures. Accessory uses and structures
which include, but which are not limited to, the following:
a. One
caretaker's dwelling unit,
b. Cart barns and other equipment, storage
and maintenance facilities,
c. One clubhouse per golf course with one
snack bar, one restaurant and a pro shop for the sale and service of golf
equipment and materials used for golfing purposes,
d. Comfort and
shelter stations,
e. Golf driving ranges including instructional and
practice facilities; provided, that the hours of operation and lighting of these
ranges or facilities shall be restricted through conditional zoning conditions
which are designed to limit the impact of the ranges and facilities on
surrounding land uses,
f. Greenhouses to maintain landscaping on the
zoning lot,
g. Off-street parking and loading,
h. Park
furniture, and
i. Locker rooms,
j. Other accessory and related
uses and structures, customarily or traditionally associated with golf courses,
including but not limited to, swimming pools, indoor and outdoor playing courts,
meeting rooms and weight, massage and/or sauna rooms and/or facilities;
provided, however, such uses and structures shall be approved by the Maui
planning commission pursuant to the provisions of section 19.510.070 of this
code; provided, that this provision shall not be applicable to golf course uses
on the island of Molokai, and such accessory and related uses shall not be
permitted.
C. Minimum Development Standards. Except as otherwise
provided in this title, the following shall be the minimum development standards
which shall apply for uses and facilities located on any zoning lot in this
district:
1. If a portion of the property is determined to be within a
wetland as defined and designated by the United States Army Corps of Engineers,
prior to any filling of said wetland, a Corps of Engineers section 404 permit
shall be obtained prior to the issuance of any grading permit.
2. If all
or a portion of the property is within a special management area as defined
under chapter 295, Hawaii Revised Statutes, a special management area permit
shall be issued prior to the issuance of any construction permit.
3. If
the proposed project shall have any impact upon any stream, the project shall
comply with the instream use protection program in accordance with section
174C-72, Hawaii Revised Statutes.
4. Traditional native Hawaiian beach
and mountain access trails across the property shall be provided; and additional
access trails may be required as determined by the
council.
5. Nonpotable water shall be used for golf course irrigation
unless otherwise authorized by the council.
6. Minimum yards, fifty
feet; provided, that any golf course along any shoreline shall be set back not
less than two hundred feet from the high-water mark, unless it is determined by
the county council that a lesser setback is allowable where a golf hole or tee
does not encroach upon recreational or traditional shoreline activities;
provided, however, that a setback less than two hundred feet shall not be
allowed along natural sandy beaches used by the public; and provided further,
that the setback is not less than the setback established for the area under the
coastal zone management act.
7. Maximum height, thirty-five feet;
provided, that ten feet of additional height may be permitted if a cart barn is
located in the basement level of the structure, and provided further that minor
utility facilities, vent pipes, fans, chimneys, and energy-savings devices shall
be permitted additional height if the item is mounted on the roof of a facility;
except, that in no event shall this additional height exceed five feet above the
governing height limit.
D. Project Master Plan and Development Plan
Required. A project master plan and a development plan shall be required
pursuant to article V of this title.
E. If a zoning ordinance requires a
unilateral or bilateral agreement, the applicant shall negotiate the terms of
the agreements with the mayor or his designated representative. Agreements shall
be drafted so as to be enforceable by the county, and shall bind all persons
having an interest in the property. The unexecuted agreements shall be submitted
to the council. The council may approve unilateral agreements with or without
modifications and, after proper execution, shall record the agreements with the
bureau of conveyances or the land court. The council shall review bilateral
agreements and may transmit its comments and the bilateral agreements to the
mayor or his designated representative for further negotiation and modification,
if appropriate, and for proper execution. A copy of the recorded unilateral
agreement or the executed bilateral agreement shall be transmitted to the
council. No further approvals shall be granted until all required unilateral
agreements have been recorded, and all required executed bilateral agreements
have been transmitted to the council. (Ord. 2031 § 5 (part),
1991)
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