A. The purpose of this project district is to provide for a flexible and creative approach to development which considers physical, environmental, social, and economic factors in a comprehensive manner.

B. The intent of the Wailuku-Kahului project district 1, referred to in this code as the Maui Lani project district, is to establish a residential community along with an integrated open space and recreation system, future school sites, village mixed use area, and community or regional scale commercial shopping facilities to serve the expanding Wailuku-Kahului population. (Ord. 3364 § 2, 2006; Ord. 1924 § 1, 1990)

A. The designation and boundaries of each subdistrict within the residential PD-WK/1 district shall be reviewed and approved by the appropriate planning commission in conjunction with phase two provisions of the County’s project district processing procedures.

This district shall consist of four subdistricts, each of which shall permit specific principal, accessory and special uses and which shall be defined by specific development standards in order to foster the development of various types and densities of residential units within the Maui Lani project district.

B. The residential subdistricts shall be as follows:

1. Single-family SF-8 subdistrict:

a. Permitted Uses. Within the single-family SF-8 subdistrict, the following uses shall be permitted:

i. Principal uses and structures:

(A) Single-family detached dwellings;

ii. Accessory Uses and Structures. The following uses shall be clearly incidental to and customarily found in connection with the principal use:

(A) Antennae dish; provided, that ground dish antennae shall be screened by walls, earth berms, and/or landscaping of a minimum of four feet in height,

(B) Boarders, up to three boarders in a dwelling unit,

(C) Maintenance and storage structures,

(D) Home occupations,

(E) Recreation centers and facilities,

(F) Parks and common areas,

(G) Private parking areas for four or more cars, and

(H) Utility installations.

b. Development requirements in the single-family SF-8 subdistrict shall be:

i. Minimum lot area, eight thousand square feet;

ii. Minimum average lot width, seventy feet;

iii. Minimum building setbacks:

(A) Front yard, fifteen feet for houses, twenty feet for garages, carports,

(B) Side yard, six feet for single-story, fifteen feet for two stories,

(C) Rear yard, six feet for single-story, fifteen feet for two stories;

iv. Maximum building height, two stories not exceeding thirty feet;

v. Maximum floor area ratio (FAR) (not to include carport or garage), 0.4 FAR;

vi. Maximum overall density, four units per acre.

c. Special Uses. The following uses shall be permitted subject to the approval of the planning commission:

i. Elementary schools;

ii. Churches;

iii. Day care centers;

iv. Residential group living quarters;

v. Nursing and retirement homes; and

vi. Other recreational or institutional uses as deemed to be appropriate and compatible with the principal uses of this subdistrict by the planning commission.

2. Single-family SF-5 subdistrict:

a. Permitted Uses. Within the single-family SF-5 subdistrict, the following uses shall be permitted:

i. Principal uses and structures:

(A) Single-family detached dwellings;

ii. Accessory Uses and Structures. The following uses shall be clearly incidental to and customarily found in connection with the principal use:

(A) Antennae dish; provided, that ground dish antennae shall be screened by walls, earth berms, and/or landscaping a minimum of four feet in height,

(B) Boarders, up to three boarders in a dwelling unit,

(C) Maintenance and storage structures,

(D) Resident parking facilities,

(E) Home occupations,

(F) Recreation centers and facilities,

(G) Parks and common areas,

(H) Utility installations, and

(I) Private parking areas for four or more cars.

b. Development requirements in the single-family SF-5 subdistrict shall be:

i. Minimum lot area, five thousand square feet;

ii. Minimum lot width, fifty feet;

iii. Minimum building setbacks:

(A) Front yard, fifteen feet for houses, twenty feet for garages, carports,

(B) Side yard, six feet, ten feet for second stories,

(C) Rear yard, six feet, ten feet for second stories;

iv. Maximum building height, two stories, not to exceed thirty feet;

v. Maximum floor area ratio (FAR) (not to include carport or garage), 0.45 FAR;

vi. Maximum overall density, six units per acre.

c. Special Uses. The following uses shall be permitted subject to the approval of the planning commission:

i. Elementary schools;

ii. Churches;

iii. Day care centers;

iv. Residential group living quarters;

v. Nursing and retirement homes; and

vi. Other recreational or institutional uses as deemed to be appropriate and compatible with the principal uses of this subdistrict by the planning commission.

3. Single-family SF-3 subdistrict:

a. Permitted Uses. Within the single-family SF-3 subdistrict, the following uses shall be permitted:

i. Principal uses and structures:

(A) Single-family detached dwellings, and

(B) Single-family semi-attached (on one side only) dwellings;

ii. Accessory Uses and Structures. The following uses shall be clearly incidental to and customarily found in connection with the principal use:

(A) Antennae dish; provided, that ground dish antennae shall be screened by walls, earth berms, and/or landscaping a minimum of four feet in height,

(B) Boarders, up to three boarders in a dwelling unit,

(C) Maintenance and storage structures,

(D) Resident parking facilities,

(E) Home occupations,

(F) Recreation centers and facilities,

(G) Parks and common areas,

(H) Utility installations, and

(I) Private parking areas for four or more vehicles.

b. Development requirements in the single-family SF-3 subdistrict shall be:

i. Minimum lot area, three thousand square feet;

ii. Minimum average lot width, forty feet;

iii. Minimum building setbacks:

(A) Front yard, ten feet for houses, twenty feet for carports,

(B) Side yard, five feet for any exterior walls with openings for light, air and/or access; the sum of both side yards on any lot must total ten feet; common walls built on property lines must be constructed of masonry or of equal fire and sound retardant material,

(C) Rear yard, five feet, ten feet for second stories;

iv. Maximum building height, two stories, not to exceed thirty feet;

v. Maximum floor area ratio (FAR) (not to include carport or garage), 0.5 FAR;

vi. Maximum overall density, ten units per acre.

c. Special Uses. The following uses shall be permitted subject to the approval of the planning commission:

i. Elementary schools;

ii. Churches;

iii. Day care centers;

iv. Residential group living quarters;

v. Nursing and retirement homes; and

vi. Other recreational or institutional uses as deemed to be appropriate and compatible with the principal uses of this subdistrict by the planning commission.

4. Multifamily MF subdistrict:

a. Permitted Uses. Within the multifamily subdistrict, the permitted uses shall be as follows:

i. Principal uses and structures:

(A) Single-family detached dwellings,

(B) Single-family attached dwellings, and

(C) Apartments;

ii. Accessory Uses and Structures. The following uses shall be clearly incidental to and customarily found in connection with the principal uses:

(A) Antennae dish; provided, that ground dish antennae shall be screened by walls, earth berms, and/or landscaping a minimum of four feet in height,

(B) Boarders, up to three boarders in a dwelling unit,

(C) Maintenance and storage structures,

(D) Resident parking facilities,

(E) Home occupations,

(F) Resident manager’s office,

(G) Recreation centers and facilities,

(H) Parks and common areas, and

(I) Utility installations.

b. Development requirements in the multifamily MF subdistrict shall be:

i. Minimum lot area, ten thousand square feet;

ii. Minimum average lot width, seventy feet;

iii. Minimum building setbacks:

(A) Front yard, fifteen feet,

(B) Side yard, ten feet,

(C) Rear yard, fifteen feet;

iv. Maximum building height, two stories, not to exceed thirty feet;

v. Maximum overall density, twenty-five units per acre.

c. Special Uses. The following uses shall be permitted subject to the approval of the planning commission:

i. Elementary schools;

ii. Churches;

iii. Day care centers;

iv. Residential group living quarters;

v. Nursing and retirement homes; and

vi. Other recreational or institutional uses as deemed to be appropriate and compatible with the principal uses of this subdistrict by the planning commission. (Ord. 1924 § 1, 1990)

A. Permitted Uses. Within the commercial PD-WK/1 district, the following uses shall be permitted:

1. Principal uses and structures:

a. Automobile services, excluding major repairs;

b. Animal boarding facility;

c. Animal hospital;

d. Day care facility;

e. Eating and drinking establishments;

f. Education, general;

g. Education, specialized;

h. Eleemosynary organizations;

i. Food and beverage, retail;

j. Garage, storage;

k. General merchandising;

l. General office;

m. Group shelters;

n. Light manufacturing and processing;

o. Medical center, minor;

p. Parking area, public;

q. Personal and business services;

r. Public facility or public use;

s. Quasi-public use or quasi-public facility;

t. Recreation, indoor;

u. Self-storage, provided it is within an enclosed building; and

v. Utility facilities, minor.

2. Accessory Uses and Structures. The following uses shall be clearly incidental to and customarily found in connection with the principal uses:

a. Energy systems, small-scale;

b. Outdoor storage yards that are ancillary to a permitted principal use, provided the storage yards are appropriately screened from the public right-of-way;

c. Parking areas, covered or uncovered;

d. Service and utility enclosures and structures;

e. Walls and fences; and

f. Warehouses which are ancillary to a permitted principal use.

B. Development requirements for the commercial PD-WK/1 district shall be:

1. Minimum lot area, six thousand square feet;

2. Minimum average lot width, sixty feet;

3. Minimum structure setbacks:

a. Front yard, five feet,

b. Side yard, none for exterior walls with no openings, except where the side of a lot abuts a lot in any residential district, the abutting side or rear yard shall have the same yard spacing as those required in the residential subdistrict; notwithstanding the above, a minimum of ten feet for any portions of exterior walls containing openings for light and/or air,

c. Rear yard, none for exterior walls with no openings; provided that except where the side of a lot abuts a lot in any residential subdistrict, the abutting side or rear yard shall have the same yard spacing as those required in the district; notwithstanding the above, a minimum of ten feet for any portions of exterior walls containing openings for light and/or air;

4. Maximum building height, four stories, not to exceed sixty feet;

5. Maximum lot coverage, sixty per cent;

6. Maximum floor area ratio (FAR), 1.00.

C. Special Uses. The following uses shall be permitted subject to the approval of the planning commission:

1. Public facilities requiring expenditures of governmental resources; and

2. Any other business or commercial enterprise which is similar in character to the principal uses identified in subsection A.1 of this section. (Ord. 3364 § 3, 2006; Ord. 1924 § 1, 1990)

A. Permitted Uses. Within the recreation/facilities PD-WK/1 districts, the following uses shall be permitted:

1. Principal uses and structures:

a. Parks, playgrounds and athletic fields;

b. Athletic courts;

c. Swimming pools;

d. Gymnasiums, field houses and other structures for indoor recreational and fitness activities;

e. Public golf courses, clubhouses and driving ranges;

f. Schools and government offices;

g. Drainageways, retention basins, injection wells and other drainage facilities;

h. Reservoirs; and

i. Utility lines and substations.

2. Accessory Uses and Structures. The following uses shall be clearly incidental to and customarily found in connection with the principal uses:

a. Comfort stations;

b. Maintenance and storage structures;

c. Off-street parking;

d. Park equipment;

e. Play equipment;

f. Public and private clubhouses for principal recreational uses including pro shops, snack bars and other ancillary facilities;

g. Educational and commercial facilities which are directly related to botanical garden activities;

h. Greenhouses, storage buildings and office space for nursery operations; and

i. Service and utility enclosures and structures.

B. Development Requirements. Development requirements for the recreation/facilities PD-WK/1 district shall be:

1. Minimum building setbacks:

a. Front yard, twenty feet,

b. Side yard, twenty feet,

c. Rear yard, twenty feet;

2. Maximum building height, two stories, not exceeding thirty feet.

C. Special Uses. The following uses shall be permitted subject to the approval of the planning commission:

1. Any other park, recreation or open space use which is deemed by the planning commission to be compatible and beneficial to the residents of the area; and

2. Cemeteries.

(Ord. 1924 § 1, 1990)

A. Permitted Uses. Within the public/quasi-public PD-WK/1 districts, the following uses shall be permitted:

1. Principal uses and structures:

a. Schools;

b. Libraries;

c. Fire stations;

d. Government offices;

e. Utility substations.

2. Accessory Uses and Structures. The following uses shall be clearly incidental to and customarily found in connection with the principal uses:

a. Service enclosures and structures.

B. Development requirements in the public/quasi-public PD-WK/1 district shall be:

1. Minimum building setbacks:

a. Front yard, twenty feet,

b. Side and rear yards, none; provided, that where the side or rear of a lot abuts a lot in any residential district, the abutting side or rear yard shall have the same yard spacing as those required in the residential district;

2. Maximum building height, two stories, not to exceed thirty feet.

C. Special Uses. The following uses shall be permitted subject to the approval of the planning commission:

1. Any other public uses which are deemed to be compatible and beneficial to the residents of the area. (Ord. 1924 § 1, 1990)

The village mixed use PD-WK/1 district is intended to provide flexibility in the planning and development of a village/commercial district with an integrated residential community. There shall be two village mixed use subdistricts, as follows:

A. Village mixed use residential (VMX/R) shall be a residential subdistrict in close proximity to the neighborhood commercial/residential core.

1. Permitted Uses. Within the VMX/R subdistrict, the following uses shall be permitted:

a. Principal uses and structures:

i. Single-family dwelling;

ii. Two-family or duplex dwelling;

iii. Multifamily dwelling;

iv. Park;

v. Public facility or public use;

vi. Recreation, active;

vii. Recreation, indoor;

viii. Recreation, open land;

ix. Recreation, passive; and

x. Utility facilities, minor.

b. Accessory Uses and Structures. The following uses shall be clearly incidental to and customarily found in connection with the principal uses:

i. Energy systems, small-scale;

ii. Garage, private;

iii. Home occupation;

iv. Parking areas, covered or uncovered;

v. Play equipment;

vi. Recreation buildings and pools;

vii. Restrooms; and

viii. Walls not exceeding five feet in height, and fences.

c. Special Uses. The following uses shall be permitted subject to the approval of the appropriate planning commission:

i. Day care facility;

ii. Education, general;

iii. Education, specialized;

iv. Group shelters;

v. Uses and structures, which are similar to the character or nature of any of the principal uses or structures or which conform to the intent of this chapter.

d. Development standards for the VMX/R subdistrict shall be:

i. Minimum lot size, three thousand square feet;

ii. Minimum lot width, forty square feet;

iii. Minimum building setbacks:

(A) Front yard, ten feet for single-family dwellings; twenty feet for carports and garages; fifteen feet for two-family and multifamily dwellings,

(B) Side yard, six feet for one-story buildings and ten feet for two-story buildings for single-family dwellings; five feet for two-family dwellings, for any exterior walls with openings for light, air, and/or access; the sum of both side yards on any lot must total a minimum of ten feet; common walls must be constructed of masonry or of equal fire and sound retardant material; ten feet for multifamily dwellings,

(C) Rear yard, five feet for one-story buildings; ten feet for two- and three-story buildings;

iv. Maximum building height, two stories, not to exceed thirty feet, for single-family and two-family dwellings; three stories, not to exceed forty-five feet, for multifamily dwellings;

v. Maximum floor area ratio, 0.5 FAR for single-family, not to include carport or garage; 0.9 FAR for two-family and multifamily, not to include carport or garage;

vi. Maximum overall density, ten units per acre for single-family dwellings; and fifteen units per acre for two-family and multifamily dwellings.

C. Village mixed use commercial/residential (VMX/C-R) shall be a subdistrict of mixed residential and commercial uses incorporated into the village concept.

1. Permitted Uses. Within the VMX/C-R subdistrict, the following uses shall be permitted:

a. Principal uses and structures:

i. Single-family dwelling;

ii. Two-family or duplex dwelling;

iii. Multifamily dwelling;

iv. Living quarters;

v. Lodginghouse;

vi. Animal boarding facility;

vii. Animal hospital;

viii. Day care facility;

ix. Eating and drinking establishments;

x. Education, general;

xi. Education, specialized;

xii. Eleemosynary organizations;

xiii. Food and beverage, retail;

xiv. Garage, storage;

xv. General merchandising;

xvi. General office;

xvii. Group shelters;

xviii. Light manufacturing and processing;

xix. Medical center, minor;

xx. Park;

xxi. Parking area, public;

xxii. Personal and business services;

xxiii. Public facility or public use;

xxiv. Quasi-public use or quasi-public facility;

xxv. Recreation, active;

xxvi. Recreation, indoor;

xxvii. Recreation, open land;

xxviii. Recreation, passive;

xxix. Self-storage, provided it is within an enclosed building; and

xxx. Utility facilities, minor.

b. Accessory Uses and Structures. The following uses shall be clearly incidental to and customarily found in connection with the principal uses:

i. Energy systems, small-scale;

ii. Garage, private;

iii. Home occupation;

iv. Outdoor storage yards that are ancillary to a permitted principal use, provided the storage yards are appropriately screened from the public right-of-way;

v. Parking areas, covered or uncovered;

vi. Park equipment, including, but not limited to, play equipment, backstops, dugouts, scoreboards, and bleachers;

vii. Recreation buildings and pools;

viii. Restrooms;

ix. Walls not to exceed five feet in height, and fences; and

x. Warehouses which are ancillary to a permitted principal use.

c. Special Uses. The following uses shall be permitted subject to the approval of the appropriate planning commission:

i. Medical center, major;

ii. Utility facilities, major; and

iii. Uses and structures that are similar to, and compatible with, the principal uses and structures of the subdistrict and which conform to the intent of this chapter may be approved by the appropriate planning commission.

d. Development standards for the VMX/C-R subdistrict shall be:

i. Minimum lot size, five thousand square feet;

ii. Minimum lot width, sixty feet;

iii. The following minimum building setbacks for single-family, two-family, and multifamily residential use shall apply, except for row type dwellings where no setbacks shall be required:

(A) Front yard, fifteen feet,

(B) Side yard, six feet for one-story buildings and ten feet for two- and three-story buildings for single-family and multifamily dwellings; five feet for two-family dwellings, for any exterior walls with openings for light, air, and/or access; the sum of both side yards on any lot must total a minimum of ten feet; common walls must be constructed of masonry or of equal fire and sound retardant material,

(C) Rear, six feet for one-story buildings and ten feet for two- and three-story buildings;

iv. Minimum building setbacks for commercial/residential use:

(A) Front yard, no setback,

(B) Side and rear yard, no setbacks, except when adjacent to residential and noncommercial uses, where the setbacks for the adjacent use shall apply;

v. Maximum building height, two stories, not to exceed thirty feet for single-family and two-family dwellings; three stories, not to exceed forty-eight feet for commercial and multifamily dwellings;

vi. Maximum lot coverage ratio, 0.6 for commercial, two-family and multifamily dwellings; and

vii. Maximum floor area ratio, 0.5 FAR for single-family, not to include carport or garage; 1.0 FAR for commercial, two-family and multifamily dwellings, not to include carport or garage. (Ord. 3364 § 4, 2006)

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

1. Principal uses:

a. Drainageways, retention basins, reservoirs, dry wells, and other drainage facilities;

b. Open areas;

c. Recreation, active, limited to no roofed or walled structures, such as open ball fields;

d. Recreation, open land;

e. Recreation, passive;

f. Restoration of cultural sites; and

g. Utility facilities, minor.

2. Accessory Uses and Structures. The following uses shall be clearly incidental to and customarily found in connection with the principal uses:

a. Energy systems, small-scale;

b. Parking areas, uncovered;

c. Park equipment, including, but not limited to, play equipment, backstops, dugouts, scoreboards, and portable bleachers;

d. Restrooms;

e. Walls not to exceed four feet in height, and fences.

3. Special Uses. The following uses shall be permitted subject to the approval of the appropriate planning commission:

a. Cemeteries;

b. Cultural and historical facilities of an outdoor nature.

4. Development standards for the open space district shall be:

a. Minimum building setbacks:

i. Front yard, twenty-five feet,

ii. Side and rear yard, fifteen;

b. Maximum building height, one story, not to exceed fifteen feet;

c. Maximum wall height, four feet within the yard setback from any public right-of-way or public area; and

d. Maximum lot coverage, five per cent or two thousand five hundred square feet whichever is less. (Ord. 3364 § 6, 2006)

A. The following are established as the approximate acreages for the various land use categories within the Maui Lani project district:

B. The land use map attached as exhibit A-1 to ordinance no. 3146 (2003) is repealed in its entirety, and the land use map dated April 8, 2005, attached as exhibit A-2 to the ordinance repealing exhibit A-1 is adopted and is made a part of this section by reference. (Ord. 3364 § 5, 2006: Ord. 3146 § 1, 2003; Ord. 1939 § 1, 1990; Ord. 1924 § 1, 1990)

Any tract of land or project site for which development is sought in the Maui Lani project district shall be subject to the approval and any conditions of the County departments of planning, public works, and water supply; and the state department of health and department of transportation, regarding availability of water resources, sewage disposal and treatment, and road and/or highway construction in applying the following standards:

A. Design.

1. Each major building or structure with the exception of detached single-family homes in the SF-8 and SF-5 subdistricts shall be designed by a registered architect to conform with the intent of the Maui Lani project district; and

2. All units in the single-family SF-3 subdistrict shall be designed and constructed in accordance with a tract master plan to be provided by the developer of the units. The tract master plan shall show the building footprint and required setbacks for each lot within the given tract;

B. Recreational, Community and Open Space Facilities.

1. Sites for recreational and community facilities shall be provided;

C. Infrastructure.

1. The development shall not burden governmental agencies to provide substantial infrastructure improvements; and

2. Individual residential lots shall not have direct access onto major arterials (minimum eighty-foot right-of-way) and shall be minimized on major streets (minimum fifty-six-foot right-of-way);

D. Boundary Adjustments. The planning commission may adjust the physical boundaries of a certain use district; provided, that a district boundary is only being adjusted for technical considerations such as roadway engineering standards, physical restrictions to infrastructure planning, or drainage and erosion concerns. In adjusting the physical boundaries:

1. The district’s parameter shall not be significantly different from the district parameter shown on the zoning map;

2. The acreage of the physical district shall be consistent with that of the adopted zoning map; and

3. No additional density shall be accrued by the revised district;

E. Landscape Planting.

1. Comprehensive landscaping of all public and common areas shall be provided including along streets and in improved open spaces; and

F. Signage.

1. A comprehensive signage program shall be designed for individual project areas and defined to at least include size, format, conceptual design, landscape planting and color scheme. (Ord. 1924 § 1, 1990)