The Residential District regulates the number of people living
in a given area by specifying the maximum allowable number of dwelling
units that may be developed on any given parcel of land. In order
not to differentiate between economic groups or life-styles, a reasonable
flexibility in the type of dwelling units and their placement on the
land has been provided.
(a)
To establish
standards governing the development, construction and use of housing
and dwelling facilities.
(b)
To provide
opportunity for all groups of persons to obtain adequate housing within
each area of the County suitable for residential use in relation to
other land uses and consistent with the preservation of natural, scenic,
and historic resources.
(c)
To establish
the level of minimum services necessary to assure the adequacy of
housing.
(d)
To encourage
a variety of housing types, sizes and densities necessary to meet
the needs of all economic groups and to avoid environmental monotony
detrimental to the quality of life.
(e)
To maintain
the character and integrity of communities within residential districts
and support residents in continuing to live and raise their families
in these neighborhoods.
(Ord. No. 935, November
14, 2012)
(b)
The
number portion of each Residential Density District establishes the
maximum number of dwelling units that may be permitted per acre of
land in each district as calculated in accordance with Sec. 8-4.6.
(Ord. No. 935, November
14, 2012; Ord. No. 1037, August 29, 2018)
(a)
Parcel
Area. The parcel area required for single family detached dwelling
units shall be calculated in accordance with the density and acreage
limitations in the particular Residential Density District, as provided
in Sec. 8-4.2, except that, one single family detached dwelling unit
may be constructed on any legal lot or parcel of record as of August
17, 1972, even if the lot or parcel is smaller than is required in
the density district in which the lot or parcel is located.
(b)
Setback
requirements. Setback requirements shall be as follows:
(1)
Front
setback: No structure, including but not limited to garages, carport,
decks above grade, and accessory or storage structures may be closer
than 10 feet to the right-of-way line of a public thoroughfare or
the property line of a private street or the pavement line of a driveway
or parking lot serving more than three dwelling units.
(2)
Rear
setback: No structure shall be closer than (5) feet or 1/2 the total
height of the building wall nearest the rear property line, whichever
is greater.
(3)
Side
setback: No building shall be closer to a side property line than
five feet or 1/2 the total height of the highest building wall from
the ground level nearest the property line, whichever is greater.
(4)
No
eave, roof overhang, or other appurtenance to a building, other than
a fence under six feet in height, shall project into any setback more
than 1/2 the distance of the setback, or four feet, whichever is less.
(5)
No
balconies, overhead walkways, decks, carports or other exterior spaces
intended for human occupancy above the ground floor of any building,
shall penetrate the setback area.
(6)
Accessory
buildings and garden or service shelters not higher than seven feet
nor covering more than 400 square feet, nor exceeding 20% of the rear
side property line in the longest dimension facing the rear property
line, may be built without setback.
(7)
Greater
setbacks because of topographic, drainage, sun exposure or privacy
conditions may be required and made a condition for a Zoning Permit.
(c)
Minimum
distance between structures. Minimum distance between structures shall
be 10 feet.
(d)
Parcel
Dimension Requirements. Parcel dimension requirements shall be as
follows:
(1)
A
parcel large enough to qualify for two or more dwelling units shall
conform to the following requirements before any person is permitted
to develop more than one single family dwelling unit and accessory
buildings on the parcel:
(2)
Requirements for parking, access, driveways, building height, utilities and other regulations not specified in this Section shall be the same as those required of all residential development as established in Sec. 8-4.5.
(3)
The
amount of land coverage created for R-1 to R-6 Zoning Districts including
buildings and pavement, shall not exceed 60% of the lot or parcel
area. Land coverage for the R-10 Zoning District shall not exceed
80% and land coverage for the R-20 Zoning District shall not exceed
90%.
(e)
Open
Space. When development on a parcel meeting the density and parcel
area requirements of this Section results in the designation of areas
within the parcel for open space use, the area shall be designated
on a map of the parcel as permanent open space and the map shall be
recorded with the Bureau of Land Conveyances. In addition, the areas
shall automatically be transferred to the Open District for zoning
purposes.
(Ord. No. 864, March 7,
2008Ord. No. 935, November 14, 2012; Ord. No. 1051, July 3, 2019; Ord.
No. 1072, April 23, 2020; Ord. No. 1073, May 7, 2020)
(a)
Single
Family Detached Dwellings. Subject to the density and acreage limitations
in the particular Residential Density District, as provided in Sec.
8-4.2, the following criteria shall apply where an applicant seeks
subdivision approval to create lots for single family detached dwellings:
(2)
Lot
Width.
(A)
Minimum average lot width shall be 60 feet;
(B)
No lot shall be less than 45 feet in width;
(C)
No more than 20% of the lots in the proposed subdivision shall be
less than 60 feet in width;
(D)
No more than six lots less than 60 feet in width shall be located
adjacent to one another;
(E)
The pole section of a flag lot shall not be less than 15 feet in
width.
(4)
Setback.
The minimum distances from property lines shall be as required by
Sec. 8-4.3(b), except that the applicant may indicate varying front
setbacks on the subdivision map so long as no front setback is less
than 10 feet.
(5)
Subject to the density and acreage limitations in the particular Residential Density District, as provided in Sec. 8-4.2, where an applicant seeks approval of a horizontal property regime, all single family detached dwelling units shall be located in a manner as to conform to the requirements of this Article as if they were to occur on separate subdivided parcels or lots.
Requirements for parking, access, driveways, building height, utilities and other regulations not specified in this Section shall be the same as those required of all residential development as established in Sec. 8-4.5.
(b)
Single
Family Attached Dwellings. Subject to the density and acreage limitations
in the particular residential density district, as provided in Sec.
8-4.2, the following standards shall apply where an applicant seeks
subdivision approval to create lots for single family attached dwellings:
(1)
Lot
Area.
(A)
The minimum average lot area shall be 3,000 square feet;
(B)
No lot shall be less than 2,400 square feet;
(C)
No more than 40% of the lots in the proposed subdivision shall be
less than 3,000 square feet;
(D)
There shall be a permanent open space in common ownership and readily
accessible to each single family attached lot usable for recreation
and community activities other than streets, driveways, and parking,
equal to no less than 30% of the total area of all single family attached
lots.
(2)
Lot
Width.
(3)
Lot
Length. The average length of any lot shall not exceed four times
its average width.
(4)
Setbacks.
(A)
Minimum front setbacks shall be the same as required by Sec. 8-4.3(b);
(B)
Minimum sideyard setback shall be the same as required by Sec. 8-4.3(b),
except that the minimum setback from property lines between single
family attached dwellings within the same subdivision shall be either
less than six inches or greater than five feet;
(C)
Minimum rear setbacks shall be 15 feet unless a maintenance easement
is required in which case minimum rear setbacks shall be 25 feet.
(5)
Maintenance
Easements. Easements shall be provided for maintenance access to the
rear or exposed sides of all single family attached lots which do
not have exterior access. Side access easements shall be not less
than five feet and rear access easements shall be not less than 10
feet.
(6)
Distance
Between Buildings.
(A)
When the parallel walls of two or more single family attached units
are not over one foot apart, they shall be considered as one building
in determining the minimum distance between buildings;
(B)
The minimum distance between buildings shall be the same as required
by Sec. 8-4.3(c), except that the minimum side to side distances between
any portion of adjacent buildings must be five feet or greater if
the side to side distance is more than one foot; and no more than
six attached single family dwellings may be placed adjacent to one
another where all dwellings are within 20 feet of one another;
(C)
Minimum distances between single family attached dwellings and single
family detached or multiple family dwellings shall be as required
by Sec. 8-4.3(c).
(7)
Subject to the density and acreage limitations in the particular residential density district, as provided in Sec. 8-4.2, where an applicant seeks approval of a horizontal property regime, all single family attached dwelling units shall be located in a manner as to conform to the requirements of this Section as if they were to occur on separate subdivision parcels or lots.
(8)
Construction
Requirements. No lots for single family attached dwellings, as provided
in this Section, shall be sold or leased until the dwelling units
and other improvements to be erected on the lots, as indicated on
construction plans or which were required as a condition of a zoning
permit, have undergone at least 50% construction or completion and
that the developer has deposited or provided the County of Kaua'i
with a 100% Bond from the inception to the completion of the project.
(c)
Multiple
Family Dwellings. Subject to the acreage limitations in the particular
residential density district, as provided in Sec. 8-4.2, the following
standards shall apply where an applicant seeks subdivision approval
to create lots for multiple family dwellings:
(1)
Lot
Area. The minimum lot area shall be 10,000 square feet.
(2)
Lot
Width. The minimum lot width shall be 80 feet.
(3)
Lot
Length. The average length of any lot shall not exceed three times
its average width.
(4)
Setbacks.
Minimum setbacks shall be as required by Sec. 8-4.3(b).
(5)
Distance
Between Buildings. Minimum distance between buildings shall be as
required by Sec. 8-4.3(c).
(6)
Maximum
Lot Coverage. The amount of land coverage created, including buildings
and pavement, shall not exceed 50% of the lot or parcel area. This
requirement shall not apply to separate lots or parcels used in common
for parking or other community uses.
(Ord. No. 935, November
14, 2012)
(a)
Access,
Driveways and Off-Street Parking. The following standards of development
shall apply to all residential development:
(1)
The
width, surface, and improvements of common driveways serving more
than four but less than 20 residential units (including dwelling units
and additional rental units) shall be constructed pursuant to the
requirements established by the Fire Code relating to Fire Department
access roads.
(2)
For
properties located within the Residential Zoning District that have
vehicular access as of (date the ordinance is approved) that does
not meet County standards for a public street, the Director may waive
the requirements of KCC Section 8 4.5(a)(4), provided the vehicular
access is constructed pursuant to the requirements established by
the Fire Code relating to Fire Department access roads.
(3)
For
multi-family projects consisting of 20 or more residential units (including
dwelling units and additional rental units) that abut or are adjacent
to an existing street or road that meets County standards, the Director
may waive the requirements of KCC Section 8 4.5(a)(4), provided the
vehicular access serves a parking lot and is constructed pursuant
to the requirements established by the Fire Code relating to Fire
Department access roads.
(4)
The
right-of-way width, surface, and improvements of private streets shall
be equivalent to County standards for public streets.
(5)
A
minimum of two off-street parking spaces per dwelling unit shall be
provided. When off-street parking spaces serving more than one dwelling
unit are provided in a parking area, the spaces shall be paved. For
Guest Houses, one off-street parking space per Guest House shall be
provided in addition to the required off-street parking for the primary
dwelling unit. For elderly housing projects, the minimum off-street
parking spaces may be one per three dwelling units. For multiple family
dwelling units used primarily by visitors, tourists and transient
guests, a minimum off-street parking space ratio of one and one-half
(1.5) spaces per dwelling unit may be permitted by the Planning Director.
(6)
No
driveway shall be wider than 40% of the lot frontage on a public thoroughfare,
except on the turn-around end of a cul-de-sac.
(7)
Driveway
connections to public streets shall conform to standards of design
and construction established by the Department of Public Works.
(8)
All
parking areas serving more than two dwelling units shall be screened
from public thoroughfares by a fence, wall or planting not less than
four feet in height, provided that the screening height shall be lowered
to the standard as required under the County Traffic Code or to the
standards of the Department of Public Works, at street corners, driveway
intersections, and other locations.
(9)
All
paved parking areas shall be set back from public right-of-way lines
a minimum of five feet.
(b)
Building
Height.
(1)
No
single family detached or single family attached dwelling, or accessory
structure shall be more than two stories above and one story below
from the finished grade at the main entry, over 20 feet measured from
the finished grade at the main entry to the highest exterior wall
plate line, and over 30 feet to the highest point of the roof measured
at each point along the building from the finished grade at the main
entry. The finished grade at the main entry shall not be elevated
more than a maximum of four feet from the existing grade. (See Figure
1)
 Figure 1.
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For the purpose of determining the number of stories in a single
family detached dwelling, a loft shall be considered a story, except
when the dwelling is constructed in a flood plain area. In a flood
plain area a loft shall not be deemed a story for the story limitation
purpose of Subsection (b)(1). Lower minimums may be imposed as a condition
to a zoning permit to recognize topographic, light and air, privacy
or architectural conditions of adjacent development or uses.
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(2)
No
multiple family buildings, hotel or motel, shall be more than 10 feet
higher than any residential building located within 30 feet of the
building, or shall not exceed four stories nor exceed 40 feet from
finished grade at each point along the building to the highest wall
plate line. Gables and roof height shall not exceed 1/2 the wall height
or 15 feet, whichever is less. The limits contained in this Section
shall not apply to spaces containing mechanical equipment, such as
elevator machinery and air conditioning units, but the spaces shall
not exceed 15 feet above the highest wall plate line.
(c)
Utilities
and Services. The following standards of development shall apply to
all residential development:
(1)
Waste
collection areas shall be provided for single family detached dwelling
and common waste collection areas shall be provided for single family
attached and multiple family dwelling units, according to standards
established by the County Engineer. All waste collection areas shall
be screened by a fence, wall or hedge from public thoroughfares when
serving over two dwelling units.
(2)
Where
a Zoning Permit is issued providing for development at a density of
10 or more dwelling units per acre on a parcel, all electric distribution
lines, telephone lines, gas distribution lines, cable television lines,
and like facilities located within the parcel to be developed or leading
into the parcel shall be installed underground unless the applicant
demonstrates, and the Planning Commission determines on the basis
of substantial evidence, that installation of any of the foregoing
lines and facilities above ground will better protect scenic and environmental
values.
The following types of lines and facilities may be exempted
from the requirements of this Section:
(A)
Poles without overhead lines used exclusively for fire or police
alarm boxes, lighting purposes or traffic control;
(B)
Overhead wires attached to the exterior surface of a building by
means of a bracket or other fixture and extending from one location
on the building to another location on the same building;
(C)
Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes, and meter cabinets
and concealed ducts, provided that the facilities shall be located
and designed so as to harmonize with the area, and shall be appropriately
screened and landscaped. In appropriate instances, all or part of
the transformers and service terminals shall be flush with or below
the surface of the ground at the point of installation.
(3)
All
residential development accessible to a public sewer shall provide
for adequate sanitary sewer facilities in accordance with standards
established by the Department of Public Works and the State Department
of Health. In developments not accessible to public sewers, a private
sewage disposal system shall be provided that meets the requirements
of the Department of Public Works and the requirements of Chapter
57 of the Public Health Regulations of the State Department of Health.
(4)
All
residential development in districts permitting densities in excess
of one dwelling unit per acre shall be served by a public water distribution
system or a private system equivalent to public standards and specifications
as established by the Department of Water.
(d)
Public
Access. The Planning Commission may require the dedication of adequate
public access ways not less than six feet in width to publicly-owned
land or waters and may require the preservation of all historic and
archaeological sites, known or discovered on the parcel subject to
development.
(Ord. No. 935, November
14, 2012; Ord. No. 1070, February 28, 2020; Ord. No. 1140, November 7, 2022)
(a)
Calculation
of Permissible Densities. The area in connection with which the permissible
number of dwelling units shall be calculated shall consist of all
that land owned or controlled by the applicant designated in the permit
application as part of the land development for which the permit is
sought. A separate calculation shall be made for the lands in areas
that are contained in different residential density districts where
the application is made for more than two dwelling units and the land
area designated in the permit application comes within more than one
residential district. The number of permissible dwelling units shall
include dwelling units previously authorized, or constructed, within
the area so designated in the application.
(b)
Calculation
of Lot or Parcel Area. For purposes of determining whether minimum
parcel area requirements are satisfied, lots and parcels shall not
include adjoining streets or commonly held or used areas, such as
dedicated open space, parking lots, or like facilities.
(c)
Open
Space. When a subdivision meeting the density and parcel area requirements
of Sec. 8-4.4, results in the designation of areas within the subdivision
for open space use, the areas shall be designated on the final subdivision
map as permanent open space, and in that case, upon approval of the
final subdivision map the areas shall automatically be transferred
to Open District for zoning purposes.
(d)
Plot
Plans Where Subdivision Approval Not Sought. Where a permit is sought
for residential development containing fewer dwelling units than are
permissible on the lot or parcel in the residential density district
in which the lot or parcel is located, and no subdivision approval
is sought, the applicant shall submit a plot plan which shall show
that the future subdivision of the lot or parcel, or that the future
location of other structures on the lot or parcel, can be done in
a manner that will conform to the standards established in this Chapter.
The plot plan shall be filed by the Planning Department in such a
manner that it will be available in the future to the Department and
to any subsequent purchaser from the applicant to determine the future
permissible development on the lot or parcel.
The developer may deviate from the plot plan filed with the
Planning Commission provided the deviation will be an improvement
over the original plan submitted.
(e)
Parcels
Containing Existing Development. No parcel shall be created subsequent
to September 1, 1972 which is occupied by existing dwelling units
unless the parcel created is large enough to meet the density and
acreage requirements for the existing dwelling units in the density
district in which it is located.
(f)
Fractional
Units. When the density calculation results in a fractional unit of
65% or more of a unit, the allowable density may be established at
the next higher number of units.
(Ord. No. 935, November
14, 2012)
No construction or other development for which standards are established in this Chapter shall be undertaken within any Residential District except in accordance with a valid Zoning Permit. The following Zoning Permits, in accordance with Sec. 8-3.1, shall be required for the following activities:
(a)
Class
I Permit. A Class I Permit must be obtained for construction or development
on an existing parcel where:
(1)
The
parcel is not located in a Constraint District or a Special Treatment
District, and is not large enough to qualify for more than one dwelling
unit under the density permitted in the Residential District in which
the parcel is located; and
(2)
The
construction or development does not require a Use Permit or a Variance
Permit.
(b)
Class
II Permit. A Class II Permit must be obtained for construction or
development on a parcel that is not located in a Constraint District
or Special Treatment District, where the construction or development
does not require a Use Permit or a Variance Permit and:
(1)
Consists
of two to 10 dwelling units, provided that where the construction
or development is to be carried out on a parcel large enough to qualify
for 11 or more dwelling units, the Planning Director may require a
Class III or Class IV Zoning Permit if he or she determines that additional
construction or development on the parcel in excess of 10 dwelling
units is probable in the near future; or
(2)
Consists
of one dwelling unit on a parcel large enough to qualify for more
than one dwelling unit.
(c)
Class
III Permit. A Class III Permit must be obtained for construction or
development that does not require a Variance Permit and:
(1)
Consists
of 11 to 50 dwelling units; provided that where the construction or
development is to be carried out on a parcel large enough to qualify
for 51 or more dwelling units, the Planning Director may require a
Class IV Zoning Permit if he or she determines that additional construction
or development on the parcel in excess of 50 dwelling units is probable
in the near future; or
(2)
Consists
of construction or development for which a Class I or Class II Permit
would otherwise be obtainable except that the parcel is located in
a Constraint District or a Special Treatment District.
(d)
Class
IV Permit. A Class IV Permit shall be obtained for construction or
development consisting of 51 or more units or for which a Class I,
II, or III Permit would otherwise be obtainable except that a Variance
Permit is required.
(Ord. No. 935, November
14, 2012)
All residential construction, development or use permitted by,
or in accordance with, this Chapter in any other Use District shall
be carried out in accordance with the standards established in this
Article.
(Ord. No. 935, November
14, 2012)
All permitted uses, all uses requiring a Use Permit, and all
Uses allowed by variance other than residential shall conform to:
(a)
Development
standards established for the district in which they are normally
permitted, provided that:
(1)
The
minimum distance from property lines shall be the same as that required
for single family detached dwellings; and
(2)
The
maximum building heights shall be the same as that required for single
family detached dwellings; and
(3)
Developed
campgrounds are prohibited in all Residential Zoning Districts; or
(b)
The
requirements and conditions imposed by the Planning Commission in
granting the Use Permit or Variance Permit.
(Ord. No. 935, November
14, 2012; Ord. No. 1105, December 2, 2021)
