Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-5 - Definitions

Current through June, 2024
Except as otherwise stated in this chapter, all of the
					 definitions contained in the land use ordinance of the city and county of
					 Honolulu are by reference incorporated herein and made a part hereof. As used
					 in this chapter, the following words and terms shall have the following
					 meanings unless the context shall indicate another or different meaning or
					 intent:
"Arcade" means a protected walkway that provides public
					 pedestrian access contiguous to a building. It is open on at least one long
					 dimension, except for structural columns, and has an average unobstructed
					 ceiling height of at least twelve feet. It shall have a clear walkway width of
					 at least twelve feet and not less than five hundred square feet of covered
					 area, including the area occupied by the structural columns. An arcade is not
					 more than eighteen inches above adjoining grade;
"Authority" means the Hawaii community development
					 authority established by section
					 206E-3,
					 HRS;
"Awning" means a temporary shelter supported entirely from
					 the exterior wall of a building;
"Development" means the construction of a new building or
					 other structure on a development lot, the relocation of an existing building on
					 another development lot, or the use of a tract of land for a new use, or the
					 enlargement of an existing building or use;
"Development lot" means any lot or a combination of lots
					 developed in accordance with the provisions of these rules;
"Eleemosynary organization" means a society, association,
					 or corporation engaged in religious, charitable, educational, scientific,
					 literary, or other benevolent purposes, whose charter or other enabling act
					 contains a provision that, in the event of dissolution, the land owned by such
					 society, association, or corporation shall be distributed to another society,
					 association, or corporation engaged in religious, charitable, educational,
					 scientific, literary, or other benevolent purposes;
"Executive director" means the executive director of the
					 authority;
'"Floor area" means the area of the several floors of a
					 building excluding unroofed areas measured from the exterior faces of the
					 exterior walls or from the center line of party walls separating portions of a
					 building. The floor area of a building, or portion thereof, not provided with
					 surrounding exterior walls shall be the usable area under the horizontal
					 projection of the roof or floor above, including but not limited to elevator
					 shafts, corridors, and stairways. Excluded from the floor area are parking
					 facilities and loading spaces, including their driveways and accessways, attic
					 areas with headroom less than seven feet, passageways, arcades, covered rooftop
					 areas, and rooftop machinery equipment rooms and elevator housings on the top
					 of buildings;
"Floor area ratio" or "FAR" means the ratio of floor area
					 to land area expressed as a per cent or decimal which shall be determined by
					 dividing the total floor area on a development lot by the lot area of that
					 development lot;
"Ground elevation" means the existing grade of a sidewalk
					 adjacent to any front yard property line or the adjacent street right-of-way
					 line if no sidewalk exists;
"Ground floor windows" means windows extending over at
					 least fifty per cent of the length and twenty-five per cent of the area of
					 ground elevation walls. Ground elevation walls include all exterior wall areas
					 up to nine feet above the ground floor that abut front yards. Ground floor
					 windows must be either windows that allow views into working areas or lobbies,
					 pedestrian entrances, or display windows.
"Hawaii capital district" means a special district
					 established by Article 7 of the land use ordinance;
"Kakaako community development district plan", "Kakaako
					 community development plan", or "Kakaako plan", means the development plans
					 referred to as the "mauka area plan" and the "makai area plan";
"Kakaako special design district ordinance" means
					 Ordinance No. 80-58 of the city and county of Honolulu, as amended;
'"Land use ordinance" or "LUO" means Ordinance No. 86-96
					 of the city and county of Honolulu;
"Land use zone" means any zone delineated on the land use
					 plan map of the makai area plan;
"Lot" means a duly recorded parcel of land which can be
					 used, developed or built upon as a unit;
"Makai area" means that portion of the Kakaako district,
					 established by section
					 206E-32,
					 HRS, which is bounded by Ala Moana Boulevard, inclusive from Punchbowl Street
					 to Piikoi Street, from Piikoi Street to its intersection with the Ewa boundary
					 of Ala Moana Park also identified as the Ewa boundary of tax map key 2-3-37:
					 01; the Ewa boundary of tax map key 2-3-37: 01 from its intersection with Ala
					 Moana Boulevard to the shoreline; the shoreline from its intersection with the
					 property line representing the Ewa boundary of property identified by tax map
					 key 2-3-37: 01 to the property line between Pier 2 and Pier 4 from its
					 intersection with the shoreline to Ala Moana Boulevard; and Ala Moana Boulevard
					 from its intersection with the property line between lands identified by Pier 2
					 and Pier 4 to Punchbowl Street. The makai area also includes that parcel of
					 land identified by tax map key 2-1-14: 16, situated mauka of Piers 6 and 7 and
					 makai of Nimitz Highway, being the site for the existing Hawaiian Electric
					 power plant and related facilities;
"Makai area design guidelines" means the design guidelines
					 for the makai area adopted on February 2, 2002;
"Makai area plan" means the development plan for the makai
					 area of the Kakaako community development district adopted on September 29,
					 1998, as amended on December 9, 2002 and
November 3,
					 2005
;
"Mauka area" means that portion of the Kakaako community
					 development district, established by section
					 206E-32,
					 HRS, which is bounded by King Street; Piikoi Street from its intersection with
					 King Street to Ala Moana Boulevard; Ala Moana Boulevard, exclusive, from Piikoi
					 Street to its intersection with Punchbowl Street; and Punchbowl Street to its
					 intersection with King Street;
'"Mauka area plan" means the development plan for the
					 mauka area of the Kakaako community development district originally adopted on
					 February 16, 1982, as amended January 10, 1983, May 18, 1984, September 6,
					 1984, April 26, 1985, August 17, 1985, July 15, 1988, June 28, 1989, January
					 IS, 1990, July 16, 1990, September 5, 1997, August 3, 1999, and January 9,
					 2002;
"Mixed use" means the combination of more than one land
					 use within a development project or area;
"MUZ" means a mixed-use zone where commercial,
					 residential, and community service uses are permitted;
"MUZ-I" means a mixed-use zone where waterfront industrial
					 and commercial uses are permitted;
"Nonconforming use" means an activity using land,
					 buildings, signs, or structures for purposes which were legally established
					 within the makai area prior to but would not be permitted as a new use in any
					 of the land use zones established by this chapter;
"Open space" means noncontiguous, unbuilt and unobstructed
					 spaces at ground elevation between and adjacent to public and private
					 structures;
"Open space systems" mean continuous networks of open
					 space that result from public rights-of-way, view corridors, building setback
					 areas, parks and private open spaces;
"Passageway" means a ground floor, cross-block
					 pedestrianway that facilitates pedestrian movement, is open to the public, and
					 has a minimum clear width of thirty feet and minimum clear height of twelve
					 feet. To qualify, a passageway shall also be open to the sky for at least
					 twenty-five per cent of its area, and all openings to the sky must not be less
					 than twelve feet in any dimension. Passageways must link active use areas, such
					 as lobbies, courtyards, retail shops, and drop-offs. Passageways are exempt
					 from parking, loading, and public facilities fee requirements.
"Platforms" mean a building form providing a base for
					 tower structures. The platforms may contain extensive parking areas as well as
					 other permitted uses;
"Preservation" means keeping a particular property in its
					 present condition. The property may already be in a restored or rehabilitated
					 condition;
"Protection" means undertaking actions or applying
					 measures which will prevent the property from deterioration or loss or which
					 will keep it from being destroyed or abused;
"Public improvement" means any improvement, facility, or
					 service, together with customary improvements and appurtenances thereto,
					 necessary to provide public needs as: vehicular and pedestrian circulation
					 systems, storm sewers, flood control improvements, water supply and
					 distribution facilities, sanitary sewage disposal and treatment, public utility
					 and energy services;
"Public project" means any project or activity of any
					 county or agency of the State conducted to fulfill a governmental function for
					 public benefit and in accordance with public policy;
"Reconstruction" means the reproduction by new
					 construction of a building, structure, object or parts thereof as it originally
					 appeared;
"Reflective surface" means any glass or other surface,
					 such as polished metal, specified in the manufacturer's literature having
					 reflectance (designated by such terminology as average daylight reflectance,
					 visible light reflectance, visible outdoor reflectance, and comparable terras)
					 of over thirty per cent;
"Rehabilitation" means returning a property to a useful
					 state, thus allowing it to be used while preserving those portions or features
					 considered historically, architecturally, or culturally significant;
"Restoration" means recovering accurately the authentic
					 form and details of a property, or a structure and its setting, usually by
					 renovating a later work, or replacing missing earlier work;
"Tower" means a single building form which may be situated
					 above or abutting a platform; and
"Tower footprint" means the largest area of a single floor
					 of a building above sixty-five feet in height as measured from its exterior
					 faces or edges.