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)