Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-5 - 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:
"Ancillary assisted living amenities" means those
					 components that are necessary to the operation and function of an assisted
					 living facility and are in addition to typical amenities that would not
					 otherwise be provided in multi-family residential projects;
"Arcade" means a protected walkway which 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;
"Assisted living administration" means the coordination of
					 services to residents in their living units, ancillary assisted living
					 amenities, or nursing facilities;
"Assisted living facility" means a combination of housing,
					 health care services, and personalized supportive services designed to respond
					 to individual needs, to promote choice, responsibility, independence, privacy,
					 dignity, and individuality". This facility is a building complex offering
					 dwelling units to individuals and services to allow residents to maintain an
					 independent assisted living lifestyle. The environment of an assisted living
					 facility is one in which meals are provided, staff are available on a 24-hour
					 basis and services are based on the individual needs of each resident. Each
					 resident, family members, and others work together with facility staff to
					 assess what is needed to support the resident in his/her greatest capacity for
					 living independently. The facility is designed to maximize the independence and
					 self-esteem of limited-mobility persons who feel that they are no longer able
					 to live on their own. If provided, nursing facilities should serve the
					 residents and the general public;
"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;
"Decks" mean the roofs of platforms;
"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;
"Duplex unit" means a building containing one dwelling
					 unit on a single zoning lot which is to be attached on a side or rear property
					 line with another dwelling. The dwellings shall be structurally independent of
					 each other and attached by means of a boundary wall. The attachment of the wall
					 shall not be less than fifteen feet or fifty per cent of the longer dwelling on
					 the property line, excluding carports or garages, whichever is the greater
					 length. In lieu of construction with a boundary wall, both dwellings shall be
					 built up independently to the property line. The maximum building area shall be
					 fifty per cent of the zoning lots;
"Dwelling, detached" means a building containing one or
					 two dwelling units, entirely surrounded by yards or other separation from
					 buildings on adjacent lots. Dwelling units in a two-family detached dwelling
					 may be either on separate floors or attached by a carport, garage or a solid
					 wall without openings which shall not be less than fifteen feet or fifty per
					 cent of the longer dwelling. The maximum building area shall be fifty per cent
					 of the zoning lot;
"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, lanais
					 or balconies of dwelling or lodging units which do not exceed fifteen per cent
					 of the total floor area of the unit to which they are appurtenant, attic areas
					 with head room less than seven feet, 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 finished grade of a sidewalk
					 adjacent to any front yard property line or the adjacent street right-of-way
					 line if no sidewalk exists;
"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, as amended by Ordinance No. 81-8, of the city and county
					 of Honolulu;
"Lanai" or "balcony" means an accessory area to a dwelling
					 or lodging unit, with one or more sides permanently open to the exterior except
					 for a railing or parapet not exceeding four feet in height, with such open side
					 or sides constituting at least twenty-five per cent of the perimeter thereof,
					 and is accessible solely from the dwelling or lodging unit to which it is
					 appurtenant;
"Land use ordinance" or "LUO" means the Land Use Ordinance
					 adopted by 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 mauka 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 community
					 development 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 plan" means the development plan for the makai
					 area of the Kakaako community development district adopted on September 29,
					 1998;
"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 on January 10, 1983, May 18, 1984, September 6,
					 1984, April 26, 1985, August 17, 1985, July 15, 1988, June 28, 1989, January
					 18, 1990, July 16, 1990, September 5, 1997, and August 3, 1999;
"Median income" means the median annual income, adjusted
					 for family size, for households in the city and county of Honolulu as most
					 recently established by the United States Department of Housing and Urban
					 Development for the Section 8 Housing Assistance Payments Program.
"MUZ" means a mixed-use zone in which activities from two
					 or more of the categories of residential, commercial and industrial uses are
					 permitted or may be required;
"Nonconforming use" means an activity using land,
					 buildings, signs, or structures for purposes which were legally established
					 prior to February 27, 1982 but would not be permitted as a new use in any of
					 the land use zones established by this chapter;
"Nursing facilities" means skilled nursing or intermediate
					 care facilities (generally defined in Section 11-94-2 of the Hawaii
					 administrative rules) and may include assisted living administration functions
					 and ancillary assisted living amenities;
"Open space" means noncontiguous, unbuilt and unobstructed
					 spaces at grade between and adjacent to public and private structures;
"Open space areas" mean noncontiguous, unbuilt and
					 unobstructed spaces between and adjacent to public and private structures which
					 may be at grade or on upper levels;
"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;
"Platforms" mean those parts of mixed-use developments
					 limited to forty-five feet in height. 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 terms)
					 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; and
"Tower" means a single building form which may be situated
					 above or abutting the platform.