(a)
This
Article shall be known and may be cited as the "West Kaua'i
Community Plan Implementing Ordinance." It is adopted:
(1)
To provide design and development standards in order to implement
the detailed planning goals and objectives for the West Kaua'i
Planning District;
(2)
To establish special planning areas, future growth areas, land uses,
and development and design standards to guide and regulate future
development;
(3)
To protect certain physical characteristics found to be of particular
public value, as provided in Chapter 8, Article 11, Section 6, Kaua'i
County Code 1987, as amended (Special Planning Areas); and
(4)
Establish exceptions, modifications, or additions to the provisions
of Chapter 8, Kaua'i County Code 1987, as amended (Comprehensive
Zoning Ordinance) and Chapter 9, Kaua'i County Code 1987, as
amended (Subdivision Ordinance) in order to more specifically provide
for the regulation of land use, subdivision, and development practices
within the West Kaua'i Planning District.
(b)
Nature
of the West Kaua'i Community Plan Ordinance. This Article provides
the necessary framework and guidelines to direct future development
and capital improvements in the West Kaua'i area, whose boundary
is described in the report entitled "West Kaua'i Community
Plan." Additionally, this Article supplements Chapter 8, Kaua'i
County Code 1987, as amended (Comprehensive Zoning Ordinance) and
Chapter 9, Kaua'i County Code 1987, as amended (Subdivision
Ordinance) by regulating use and development standards within the
West Kaua'i Special Planning Areas, as identified in the zoning
maps or surveyed maps, or both, attached to Ordinance No. 1083 and
Ordinance No. 1138, and on file with the Planning Department, County
of Kaua'i.
(c)
The
guidelines of this Article are based on the report entitled "West
Kaua'i Community Plan" (Planning Commission draft approved
in 2020, as amended by the Kaua'i County Council in 2020, and
as may be subsequently amended), a booklet whose major components
include:
(Ord. No. 1083, December
3, 2020; Ord. No. 1138, November 2, 2022)
The vision and goals for the region referred to in this Article,
which shall be known as the West Kaua'i Planning District, and
its communities are described in the report entitled "West Kaua'i
Community Plan."
(Ord. No. 1083, December
3, 2020; Ord. No. 1138, November 2, 2022)
(a)
The
West Kaua'i Form-Based Code, attached as Appendix "C",
and the Plantation Camp Form-Based Code, attached as Appendix "D",
to the West Kaua'i Community Plan, are by reference incorporated
herein and made a part hereof. The provisions of the West Kaua'i
Form-Based Code and the Plantation Camp Form Based Code shall apply
to all new development located within the Special Planning Areas,
as identified in the zoning maps or surveyed maps, or both, attached
to Ordinance No. 1083 and Ordinance No. 1138, and on file with the
Planning Department, County of Kaua'i.
(b)
The
regulations and procedures established in Chapter 8, Kaua'i
County Code 1987, as amended (Comprehensive Zoning Ordinance) shall
apply within the Special Planning Areas of the West Kaua'i Planning
District, except to the extent that such regulations or procedures
are changed or modified by the provisions of the West Kaua'i
Form-Based Code. When the provisions of this Article differ with respect
to the provisions of Chapter 8, Kaua'i County Code 1987, as
amended (Comprehensive Zoning Ordinance) and Chapter 9, Kaua'i
County Code 1987, as amended (Subdivision Ordinance), the West Kaua'i
Form-Based Code shall supersede such provisions as provided in Chapter
8, Article 11, Kaua'i County Code 1987, as amended (Special
Treatment Districts (ST)).
(Ord. No. 1083, December
3, 2020; Ord. No. 1138, November 2, 2022)
(a)
This
Article does not mandate the immediate modification of structures
and uses lawfully in existence upon the enactment of this Article.
(b)
The
requirements of this Article will not be triggered by routine maintenance
not requiring a zoning permit.
(c)
Existing
Buildings and Structures. Buildings and structures lawfully in existence
upon the enactment of this Article that do not conform to the provisions
of this Article are subject to the requirements of Chapter 8, Article
13, Section 1, Kaua'i County Code 1987, as amended (Nonconforming
Buildings and Structures).
(d)
Existing
Uses. Uses lawfully in existence upon the enactment of this Article
that are not consistent with the Special Planning Areas will be allowed
to continue on the parcel of record as provided in Chapter 8, Article
13, Section 2, Kaua'i County Code 1987, as amended (Nonconforming
Uses).
(Ord. No. 1083, December
3, 2020; Ord. No. 1138, November 2, 2022)
(a)
Designation
of Special Planning Areas "K," "L," "M,"
"N," and "O." The boundaries of the following
form-based code districts are hereby adopted as described in the West
Kaua'i Form-Based Code and the Plantation Camp Form-Based Code,
attached as Appendix "C" and Appendix "D"
to the West Kaua'i Community Plan, and shall be referred to
as follows:
(1)
Special Planning Area "K," which shall also be known
as the "Kekaha Town Walkable Mixed Use District" and be
designated as "SPA-K" as shown on the zoning map attached
to Ordinance No. 1083 as Exhibit 1, and on file with the Planning
Department, County of Kaua'i.
(2)
Special Planning Area "L," which shall also be known
as the "Waimea Town Walkable Mixed Use District" and be
designated as "SPA-L" as shown on the zoning map attached
to Ordinance No. 1083 as Exhibit 2, and on file with the Planning
Department, County of Kaua'i.
(3)
Special Planning Area "M," which shall also be known
as the "Hanapēpē Town Walkable Mixed Use District"
and be designated as "SPA-M" as shown on the zoning map
attached to Ordinance No. 1083 as Exhibit 3, and on file with the
Planning Department, County of Kaua'i.
(4)
Special Planning Area "N," which shall also be known
as the "'Ele'ele-Port Allen Walkable Mixed Use District"
and be designated as "SPA-N" as shown on the zoning map
attached to Ordinance No. 1083 as Exhibit 4, and on file with the
Planning Department, County of Kaua'i.
(5)
Special Planning Area "O," which shall also be known
as the "Kaumakani Plantation Camp Walkable Mixed Use District"
and designated "SPA-O" as shown on the zoning and surveyed
maps attached to Ordinance No. 1138 as Exhibit 1, Exhibit 2a, and
Exhibit 2b, and on file with the Planning Department, County of Kaua'i.
(b)
Designation
of Zoning Maps. In order to carry out the purpose of this Article,
the zoning maps ZM-K100 (Kekaha), ZM-W100 (Waimea), and ZM H200 (Hanapēpē)
of Chapter 8, Kaua'i County Code 1987, as amended (Comprehensive
Zoning Ordinance), are hereby amended. Zoning Map ZM-KV-100 (Kaumakani
Village) and ZM-KA-100 (Kaumakani Avenue) is hereby adopted.
(Ord. No. 1083, December
3, 2020; Ord. No. 1138, November 2, 2022)
The West Kaua'i Community Plan shall serve as a guide
for all development within the West Kaua'i area.
(Ord. No. 1083, December
3, 2020; Ord. No. 1138, November 2, 2022)
