(a) 
This Article shall be known and may be cited as the "South 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 South Kaua'i area, such as providing for appropriately scaled infill development that will support vibrant town cores and a mix of housing types in Kōloa Town, Kalāheo Town, and the Po'ipū Roundabout area;
(2) 
To provide for the housing needs of the district's projected population growth in areas adjacent to existing employment centers in order to create new walkable centers and enhance existing town cores;
(3) 
To establish special planning areas, future growth areas, land uses, and development and design standards to guide and regulate future development;
(4) 
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
(5) 
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 South Kaua'i Planning District.
(b) 
Nature of the South Kaua'i Community Plan Ordinance. This Article provides the necessary framework and guidelines to direct future development and capital improvements in the South Kaua'i Planning District, whose boundary includes Kōloa, Po'ipū, Kalāheo, 'Ōma'o, and Lāwa'i. 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 South Kaua'i Special Planning Areas, as identified in the zoning maps attached to Ordinance No. 990, and on file with the Planning Department, County of Kaua'i.
(c) 
The guidelines of this Article are based on the report entitled "South Kaua'i Community Plan" (Planning Commission draft approved in 2014, as amended by the Kaua'i County Council in 2015, and as may be subsequently amended), a booklet whose major components include:
(1) 
The South Kaua'i Community Land Use Map
(2) 
The South Kaua'i Multimodal Roadway Network Map
(3) 
Illustrative Streetscapes and Roadway Cross-Sections
(4) 
Policies and Guidelines
(5) 
Implementation Action Plan.
(Ord. No. 990, July 10, 2015)
The vision and goals for the region as a whole, and Kōloa, Po'ipū, Kalāheo, 'Ōma'o, and Lāwa'i, are described as follows:
(a) 
Vision for the South Kaua'i Planning District. South Kaua'i is comprised of distinct rural communities, each embracing its own rich cultural, natural, and historic heritage but well-connected through safe and efficient transportation networks. Balanced, responsible development enhances existing communities, preserving the local rural lifestyle that embodies South Kaua'i and is cherished by residents and visitors alike.
(b) 
Vision for Kōloa. Kōloa will be a thriving commercial and residential community that maintains its rural feel and historic "old town" charm by preserving, enhancing, and protecting its vast cultural treasures.
(c) 
Vision for Po'ipū. Po'ipū will be a world-class, sustainable resort destination, serving residents and visitors alike, developed responsibly, with clean, healthy beaches and ocean environments, welcoming parks, and preserved heritage resources, all well-connected and accessible to everyone.
(d) 
Vision for Kalāheo. Kalāheo will remain as a residential community enhanced by a neighborhood-scaled commercial center and supported by small local businesses.
(e) 
Vision for 'Ōma'o. 'Ōma'o will maintain its value as a small rural residential community.
(f) 
Vision for Lāwa'i. Lāwa'i will remain a rural crossroads with a limited commercial area centered on the Post Office and Old Cannery.
(Ord. No. 990, July 10, 2015)
(a) 
The provision in Section 10-6.3(b) of this Article establishes exceptions, modifications, or additions to Chapter 8, Kaua'i County Code 1987, as amended (Comprehensive Zoning Ordinance) and Chapter 9, Kaua'i County Code 1987, as amended (Subdivision Ordinance).
(b) 
Open District. No parcel within the State Land Use Commission's Agricultural District and zoned Open District by the County shall be subdivided into more than ten (10) lots. Parcels so subdivided shall not be further resubdivided unless reclassified into the Urban District by the State Land Use Commission.
(Ord. No. 990, July 10, 2015)
(a) 
The South Kaua'i Form-Based Code, attached as Appendix C to the South Kaua'i Community Plan, is by reference incorporated herein and made a part hereof. The provisions of the South Kaua'i Form-Based Code shall apply to all new development located within the Special Planning Areas, as identified in the zoning maps attached to Ordinance No. 990, 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 South Kaua'i Planning District, except to the extent that such regulations or procedures are changed or modified by the provisions of the South 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 South 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. 990, July 10, 2015)
(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. 990, July 10, 2015)
(a) 
Designation of Special Planning Areas "H," "I," and "J." The boundaries of the following form-based code districts are hereby adopted as described in the South Kaua'i Form-Based Code, attached as Appendix C to the South Kaua'i Community Plan, and shall be referred to as follows:
(1) 
Special Planning Area "H," which shall also be known as the "Kōloa Town Walkable Mixed Use District" and be designated as "SPA-H" as shown on the zoning map attached to Ordinance No. 990 as Exhibit 1, and on file with the Planning Department, County of Kaua'i.
(2) 
Special Planning Area "I," which shall also be known as the "Kalāheo Town Walkable Mixed Use District" and be designated as "SPA-I" as shown on the zoning map attached to Ordinance No. 990 as Exhibit 2, and on file with the Planning Department, County of Kaua'i.
(3) 
Special Planning Area "J," which shall also be known as the "Po'ipū Roundabout Walkable Mixed Use District" and be designated as "SPA-J" as shown on the zoning map attached to Ordinance No. 990 as Exhibit 3, 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-KO 300, ZM-KL 300, and ZM-KU 300 of Chapter 8, Kaua'i County Code 1987, as amended (Comprehensive Zoning Ordinance), are hereby amended.
(Ord. No. 990, July 10, 2015)
The South Kaua'i Community Plan shall serve as a guide for all development within the South Kaua'i Planning District.
The Planning Department shall develop an outreach program to work with existing community organizations and interested individuals to implement the South Kaua'i Community Plan and shall report on the progress made towards implementation, as well as the monitoring of community indicators, to the Planning Commission on an annual basis.
Exhibit 1
Exhibit 2
Exhibit 3
(Ord. No. 990, July 10, 2015)