The purpose and intent of project district 5 at Kihei, Maui, is to establish permissible land uses, appropriate standards of development and specific allocations of land for single-family residential, multifamily residential, commercial, park and open space uses within the defined project district. (Ord. 1750 § 1 (part), 1988)

A. Permitted Uses. Within the residential district, the following uses shall be permitted:

1. Principal uses:

a. Single-family detached dwellings,

b. Single-family semi-attached (one side only) dwellings,

c. Bikeway/jogging facilities and related open areas,

d. Buildings or premises used by the federal, state, or county governments for public purposes,

e. Greenhouses, flower and truck gardens and nurseries; provided, that there shall be no retailing or transacting of business on the premises, and

f. Resident recreation center and facilities;

2. Accessory uses and structures.

B. Development requirements for residential district shall be:

1. Minimum lot area, four thousand square feet;

2. Minimum lot width, forty feet; fifty feet for lots six thousand square feet or more;

3. Minimum building setback:

a. Front yard, fifteen feet; twenty feet with regard to garages and carports,

b. Side Yard. No setback on one side; provided, that there is a minimum cumulative side yard setback of six feet on all other sides for one-story structures, and ten feet for two-story structures,

c. Rear yard, six feet, for one-story structures, and ten feet for two-story structures;

4. Maximum height, two stories not to exceed thirty feet.

C. Special Uses. The following are declared special uses in a single-family district and approval of the commission shall be obtained:

1. Certain domestic-type businesses in the home, provided there will be no detrimental or nuisance effect upon the neighbors. Such businesses shall be normal functions of the home, such as baking, sewing, and piano-playing;

2. Churches, together with accessory buildings;

3. Day care centers, nurseries, preschools, kindergartens, and other like facilities designed exclusively for child care services;

4. Housing for low- and moderate-income families, operated by governmental or nonprofit organizations; provided, that the normal dwelling unit density is not increased more than ten percent;

5. Housing for the aged, operated by governmental or nonprofit organizations; provided, that the normal population density is not increased more than ten percent;

6. Nursing or convalescent homes and domiciliary facilities operated and maintained to provide nursing or supporting care; and

7. Public utilities substations, which are not and will not be hazardous or a nuisance to the surrounding areas. (Ord. 2386 § 1, 1994; Ord. 1750 § 1 (part), 1988)

A. Permitted Uses. Within the multifamily district, the following uses shall be permitted:

1. Principal uses:

a. Apartment houses,

b. Duplexes,

c. Single-family dwellings,

d. Townhouses,

e. Buildings or premises used by the federal, state or county governments for public purposes, and

f. Any use permitted in the single-family SF subdistricts except the development standards for single-family dwellings shall be in accordance with the single-family residential SF subdistrict standards;

2. Accessory uses and structures.

B. Development requirements for multifamily districts shall be:

1. Minimum lot area, ten thousand square feet;

2. Minimum lot width, seventy feet;

3. Minimum building setback:

a. Front yard, twenty feet,

b. Side yard, ten feet,

c. Rear yard, fifteen feet;

4. Maximum floor area ratio, 0.6 FAR;

5. Maximum lot coverage fifty percent;

6. Maximum height not to exceed thirty-five feet.

C. Special Uses. The following are declared special uses in the multifamily district and approval of the commission shall be obtained:

1. Churches, together with accessory buildings;

2. Day care centers, nurseries, preschool kindergartens, and other like facilities designed exclusively for child care services;

3. Nursing or convalescent homes and domiciliary facilities operated and maintained to provide nursing or supporting care; and

4. Public utilities substations, which are not and will not be hazardous or a nuisance to the surrounding areas. (Ord. 2386 § 2, 1994; Ord. 1750 § 1 (part), 1988)

A. Permitted Uses. Within commercial districts, the following uses shall be permitted:

1. Principal uses:

a. Antique shops,

b. Art galleries and shops,

c. Apparel shops including accessories,

d. Auditoriums and theaters,

e. Automobile parking lots and/or buildings,

f. Automobile parts stores,

g. Automobile service stations, with or without auto repairing, provided all auto repairing operations are conducted in enclosed buildings; and provided further, that tire rebuilding or battery manufacturing shall not be permitted within this district,

h. Bake shops,

i. Banks,

j. Book, stationery, or gift stores,

k. Building of premises utilized by the federal, State, or county governments,

l. Business offices and agencies,

m. Churches,

n. Convenience stores,

o. Clinics, medical and dental,

p. Dancing and hula studios,

q. Day care centers and nurseries,

r. Dry goods stores,

s. Drugstores,

t. Florist shops,

u. Game arcades,

v. Gasoline retailing,

w. Grocery, liquor, supermarket, and convenience stores,

x. Hardware and garden supply stores,

y. Jewelry stores,

z. Laundromats,

aa. Libraries,

bb. Museums,

cc. Music conservatories or music studios,

dd. Nurseries (flowers or plants); provided, that all incidental equipment and supplies, including fertilizers and empty cans, are kept within enclosed buildings,

ee. Personal service establishments,

ff. Photo studios,

gg. Physical culture studios,

hh. Private clubs or fraternal organizations,

ii. Religious, benevolent, and philanthropic societies,

jj. Restaurants, cafes, or bars, including drive-ins, and

kk. Video stores;

2. Accessory uses and structures.

B. Development requirements for commercial districts shall be:

1. Minimum lot area, six thousand square feet;

2. Minimum lot width, sixty feet;

3. Minimum building setback:

a. Front yard, five feet,

b. Side yard, no setback; however, if abutting a lot in any residential or multifamily district, the setback requirement of that residential or multifamily district shall apply,

c. Rear yard, no setback; however, if abutting a lot in any residential or multifamily district, the setback requirement of that residential or multifamily district shall apply;

4. Maximum height, not to exceed thirty-five feet.

C. Special Uses. The following are declared special uses in the commercial district and approval of the commission shall be obtained:

1. Similar retail businesses which supply commodities or perform services primarily to benefit the household needs of residents of project district 5 and its immediate surrounding neighborhood. (Ord. 2386 § 3, 1994; Ord. 1750 § 1 (part), 1988)

A. Permitted Uses. Within the park district, the following uses shall be permitted:

1. Principal uses:

a. Noncommercial parks and playgrounds; certain commercial amusement and refreshment sale activities may be permitted when under supervision of the government agency in charge of the park or playground;

2. Accessory uses and structures.

B. Development requirements for park district shall be:

1. Minimum lot area, four acres;

2. Minimum structure setback, twenty feet.

C. Special Uses. The following are declared special uses in the park district and approval of the commission shall be obtained:

1. Any other recreational use, similar in character to or related to the permitted uses. (Ord. 2386 § 4, 1994; Ord. 1750 § 1 (part), 1988)

A. Permitted Uses. Within the open space districts, the following uses shall be permitted:

1. Principal uses:

a. Drainage, utility, and erosion control systems,

b. Landscape planting,

c. Water reservoirs, and

d. Jogging trails and walkways;

2. Accessory uses and structures. (Ord. 1750 § 1 (part), 1988)

A. The following are established as acreage for the land use categories within project district 5 at Kihei, Maui:

1. Maximum acreage:

a. Single-family, 109.1 acres,

b. Multifamily, 36.0 acres,

c. Commercial, 15.0 acres;

2. Minimum acreage:

Community park, 17.0 acres, and open space landscape buffer, 10.7 acres.

B. Dwelling Units.

1. The total number of dwelling units shall not exceed 7.0 units per acre for dwelling units in the single-family residential areas;

2. No more than fifteen units per acre shall be permitted in the multifamily residential district. (Ord. 2386 § 5, 1994: Ord. 1750 § 1 (part), 1988)

Any tract of land for which development is sought in project district 5 at Kihei, Maui, Hawaii, with the exception of individual single-family residential dwellings and lots, shall be subject to the following standards:

A. Steep Slopes. Development of lands with greater than twenty percent slope: No more than thirty percent of such areas shall be developed, regraded, or stripped of vegetation unless approved by the director of public works and waste management.

B. Ravines and Ravine Buffers.

1. Keokea and Waipuilani Gulches shall be kept of sufficient width to accommodate off-site and on-site flows and these drainageways shall be kept in open space, where appropriate. At least eighty percent of all ravine buffers shall remain in permanent open space.

2. Ravines are defined as valleys with sharply sloping walls created by action of intermittent stream waters. Ravine buffer areas are within fifteen feet from the top of the ravine wall.

C. Other Resources. Areas of significant natural, historical, archaeological, or cultural resources or unique physical features, not otherwise mentioned in this section, shall be identified, and provisions shall be identified to preserve or improve said resource or feature.

D. Design. Each building and structure shall be designed to conform with the intent of the project district as approved by the planning commission.

E. Recreational, Community, and Open Space Facilities.

1. Adequate recreational and community facilities shall be provided;

2. Provisions shall be made for adequate and continuing management of all private recreational, community, and open space facilities to ensure proper maintenance and policing and recognition of existing recreational uses.

F. Landscape Planting.

1. Comprehensive landscaping of the entire development shall be provided;

2. Landscape planting is to be considered as an integral element of the development to be utilized for visual screening, shade, definition, and environmental control.

G. Signage. A comprehensive signage program shall be designed for the total development area and defined to include sizes, format, conceptual design, color schemes, and landscaping.

H. Lighting. Lighting shall be established in a manner so as to not adversely impact the surrounding areas. (Ord. 2386 § 6, 1994; Ord. 1750 § 1 (part), 1988)