TABLE OF CONTENTS: Insert Title “TABLE OF CONTENTS .
Comment [PD1]: Insert title “TABLEOF CONTENTS”TABLE OF CONTENTS:CHAPTER 8COMPREHENSIVE ZONING ORDINANCE(The purpose of this Chapter is to provide regulations and standards for landdevelopment and the construction of buildings and other structures in the County of Kauai. Byutilizing the findings and analysis of the County General Plan, this Chapter establishes severalland districts and delineates the respective types of permitted uses and development that cantake place in those districts. The regulations and standards prescribed by this Chapter areintended to promote development that is compatible with the Island's scenic beauty andenvironment and to preclude inadequate, harmful or disruptive conditions that may provedetrimental to the social and economic well-being of the residents of Kauai.)Article 1.Sec. 8-1.1Sec. 8-1.2Sec. 8-1.3Sec. 8-1.4Sec. 8-1.5General ProvisionsTitlePurposeNature Of County Zoning OrdinanceApplication Of RegulationsDefinitionsArticle 2.Designation Of Districts, Method And Effect Of Establishment Of Districts,And Zoning MapsDistrictsMethod And Effect Of Establishment Of DistrictsZoning MapsUses in DistrictsSec. 8-2.1Sec. 8-2.2Sec. 8-2.3Sec. 8-2.4Article 3.Sec. 8-3.1Sec. 8-3.2Sec. 8-3.3Sec. 8-3.4Sec. 8-3.5General Administrative RegulationsZoning PermitsUse PermitsVarianceAmendmentsEnforcement, Legal Procedures and PenaltiesArticle [3]4. Residential Districts (R)Sec. 8-[3.1]4.1PurposeSec. 8-[3.2]4.2Types Of Residential Districts[Sec. 8-3.3 Generally Permitted Residential Uses And StructuresSec. 8-3.4 Uses And Structures In Residential Districts That Require A Use Permit]Sec. 8-[3.5]4.3Development Standards For Residential Structures Not Involving TheSubdivision Of LandSec. 8-[3.6]4.4Development Standards For Residential Structures Which Involve TheSubdivision Of LandSec. 8-[3.7]4.5Standards Of Development Applicable To All Residential DevelopmentSec. 8-[3.8]4.6Application Of Density And Development StandardsSec. 8-[3.9]4.7Permits RequiredSec. 8-[3.10]4.8Application To Residential Development In Other DistrictsSec. 8-[3.11]4.9Development Of Other Uses In A Residential DistrictCZO Update – Phase IDiscussion DraftTable of Contents - Page 1Comment [PD2]: This Section ismoved to the end of Table ofContentsComment [d3]: Added new section toaccommodate the consolidation ofuses into a Use TableComment [d4]: Moved to Use Table
Article [4]5. Resort Districts (RR)Sec. 8-[4.1]5.1PurposeSec. 8-[4.2]5.2Types Of Resort Districts[Sec. 8-4.3Generally Permitted Resort Uses And StructuresSec. 8-4.4Uses And Structures In Resort Districts That Require A Use Permit]Sec. 8-[4.5]5.3Development StandardsSec. 8-[4.6]5.4Permits RequiredSec. 8-[4.7]5.5Application To Resort Development In Other DistrictsArticle 56.Commercial Districts (C)Sec. 8-[5.1]6.1PurposeSec. 8-[5.2]6.2Types Of Commercial Districts[Sec. 8-5.3Generally Permitted Uses And StructuresSec. 8-5.4Uses And Structures In Commercial Districts That Require A Use Permit]Sec. 8-[5.5]6.3Development Standards For Commercial DevelopmentSec. 8-[5.6]6.4Permits RequiredSec. 8-[5.7]6.5Application To Commercial Development In Other DistrictsSec. 8-[5.8]6.6Maximum Residential And Resort Densities Within Commercial DistrictsArticle [6]7.Sec. 8-6.1Sec. 8-6.2Sec. 8-6.3Sec. 8-6.4Sec. 8-6.5Sec. 8-6.6Sec. 8-6.7Comment [d5]: Moved to Use TableComment [d6]: Moved to Use TableIndustrial Districts (I)PurposeTypes Of Industrial DistrictsGenerally Permitted Uses And StructuresUses And Structures In Industrial Districts That Require A Use PermitStandards For Industrial Development, Subdivision Or ConstructionPermits RequiredApplication To Industrial Development In Other DistrictsArticle [7]8. Agriculture Districts (A)Sec. 8-[7.1]8.1Purpose[Sec. 8-7.2Generally Permitted Uses And StructuresSec. 8-7.3 Uses And Structures That Require A Use Permit]Sec. 8-8.2 Agriculture District Development StandardsSec. 8-[7.4]8.3Limitations On Subdivision Of Parcels In Agriculture Districts[Sec. 8-7.5Permitted Residential DensitiesSec. 8-7.6 Development Standards For Construction And Use]Sec. 8-[7.7]8.4Permits RequiredSec. 8-[7.8]8.5Application To Agricultural Development In Other DistrictsSec. 8-[7.9]8.6Special Standards for Issuance of Farm Worker Housing Use PermitsComment [d7]: Moved to Use TableComment [d8]: Moved from Sec.8-7.6Comment [d9]: Moved to Sec.8-8.2(c)Comment [d10]: Moved to Sec. 8.8-2Comment [d11]: Provisions of Ord.903Article [8]9. Open Districts (O)Sec. 8-[8.1]9.1Purpose[Sec. 8-8.2Generally Permitted Uses And StructuresSec. 8-8.3Uses And Structures For Which A Use Permit Is RequiredSec. 8-8.4Special Standards For Issuance Of Use Permits]Sec. 8-[8.5]9.2Development Standards For Construction And Use Within An OpenDistrict Development StandardsCZO Update – Phase IDiscussion DraftTable of Contents - Page 2Comment [d12]: Moved to Use TableComment [d13]: Moved to Sec.8-9.4(a)
Sec. 8-[8.6]9.3Sec. 8-[8.7]9.4Sec. 8-[8.8]9.5Article [18](10).Sec. 8-[18.1]10.1Sec. 8-[18.2]10.2Sec. 8-[18.3]10.3Sec. 8-[18.4]10.4Sec. 8-[18.5]10.5Sec. 8-[18.6]10.6Calculation Of Densities And Land CoveragePermits RequiredReview Of Open District Designations In Particular CasesProject DevelopmentPurposeLands That May Be Included In A Project DevelopmentUses, Structures And Development Which May Be PermittedRequirements For Project Development Use PermitsPermits RequiredJoint Development Of Two Or More Abutting LotsComment [d14]: Moved from Article 18Article [9]11. Special Treatment Districts (ST)Sec. 8-[9.1]11.1PurposeSec. 8-[9.2]11.2Types Of Special Treatment DistrictsSec. 8-[9.3]11.3Generally Permitted Uses, Structures And DevelopmentSec. 8-[9.4]11.4Uses, Structures And Development Requiring A Use PermitSec. 8-[9.5]11.5Applications For Use PermitsSec. 8-[9.6]11.6Special Planning AreaSec. 8-[9.7]11.7Scenic Corridors And PointsArticle [10]12.Sec. 8-[10.1]12.1Sec. 8-[10.2]12.2Constraint Districts (S)PurposeTypes Of Constraint Districts And Application[Article 11.] Sec. 8-12.3Drainage Districts (S-DR)[Sec. 8-11.1 PurposeSec. 8-11.2 Lands Included In The Drainage DistrictsSec. 8-11.3 Requirements For Development Within A Drainage DistrictSec. 8-11.4 Modification Of Requirements]Flood Districts (S-FL)Article 12. Sec. 8-12.4[Sec. 8-12.1 PurposeSec. 8-12.2 Lands IncludedSec. 8-12.3 Requirements For Development Within A Flood DistrictSec. 8-12.4 Modification Of Requirements]Article 13. Sec. 8-12.5Shore Districts (S-SH)[Sec. 8-13.1 PurposeSec. 8-13.2 Lands IncludedSec. 8-13.3 Requirements For Development Within The Shore DistrictsSec. 8-13.4 Permit RequirementsSec. 8-13.5 Modification Of Requirements]Article 14. Sec. 8-12.6Slope Districts (S-SL)[Sec. 8-14.1 PurposeSec. 8-14.2 Lands IncludedSec. 8-14.3 Requirements For Development Within The Slope DistrictsSec. 8-14.4 Modification Of Requirements]CZO Update – Phase IDiscussion DraftTable of Contents - Page 3Comment [d15]: Becomes part ofSec.12.3Comment [d16]: Becomes pare ofSec.12.4Comment [d17]: Becomes part ofSec.12.5Comment [d18]: Becomes part ofSec.12.6
Article 15. Sec. 8-12.7Soils Districts (S-SO)[Sec. 8-15.1 PurposeSec. 8-15.2 Lands IncludedSec. 8-15.3 Requirements For Development Within A Soils DistrictSec. 8-15.4 Modification of Requirements]Article 16. Sec 8-12.8Tsunami Districts (S-TS)[Sec. 8-16.1 PurposeSec. 8-16.2 Lands IncludedSec. 8-16.3 Requirements For Development In A Tsunami DistrictSec. 8-16.4 Modification Of Requirements]Comment [d19]: Becomes part of Sec.12.7Comment [d20]: Becomes part of Sec.12.8Article [23]13.Non-Conforming Structures And UsesSec. 8-[23.1]13.1Non-Conforming Buildings And StructuresSec. 8-[23.2]13.2Non-Conforming UsesSec. 8-[23.3]13.3Uses, Structures And Lots For Which Permits Were Issued Prior To TheAdoption Of This OrdinanceComment [d21]: Moved from Article 23Article [25]14.Sec. 8-[25.1]14.1Sec. 8-[25.2]14.2Sec. 8-[25.3]14.3Sec. 8-[25.4]14.4Sec. 8-[25.5]14.5Comment [d22]: Moved from Article 25Kauai Historic Preservation Review CommissionPurposeKauai Historic Preservation Review CommissionPowers And Duties Of The Historic Preservation Review CommissionMeetingsAccounting And FundingArticle [26]15 Additional Dwelling UnitSec. 8-[26.1]15.1Additional Dwelling Unit On Other Than Residentially Zoned LotsSec. 8-[26.2]15.2Additional Dwelling Unit On Residentially Zoned LotsArticle 16Comment [d23]: Moved from Article 26RESERVEDArticle 17.Time Sharing And Transient Vacation RentalsSec. 8-17.1 Limitations on LocationSec. 8-17.2 Permitted Time Share LocationsSec. 8-17.3 Permitted Locations For Transient Vacation RentalsSec. 8-17.4 Time Sharing In Projects Located Within Visitor Destination Areas And Hotels InResort Or Commercial DistrictsSec. 8-17.5 Existing UsesSec. 8-17.6 PenaltySec. 8-17.7 Amendments To Visitor Destination Areas Designations[Article 18.Sec. 8-18.1Sec. 8-18.2Sec. 8-18.3Sec. 8-18.4Sec. 8-18.5Sec. 8-18.6Project DevelopmentPurposeLands That May Be Included In A Project DevelopmentUses, Structures And Development Which May Be PermittedRequirements For Project Development Use PermitsPermits RequiredJoint Development Of Two Or More Abutting LotsCZO Update – Phase IDiscussion DraftTable of Contents - Page 4Comment [d24]: Moved to Article 10
Article 19.Sec. 8-19.1Sec. 8-19.2Sec. 8-19.3Sec. 8-19.4Sec. 8-19.5Sec. 8-19.6Sec. 8-19.7Zoning PermitsWhen RequiredApplicationsClass I Zoning PermitsClass II Zoning PermitsClass III Zoning PermitsClass IV Zoning PermitsAppealComment [d25]: Moved to Sec.8-3.1Article 20.Sec. 8-20.1Sec. 8-20.2Sec. 8-20.3Sec. 8-20.4Sec. 8-20.5Sec. 8-20.6Sec. 8-20.7Use PermitsPurposeWhen on Denial And AppealComment [d26]: Moved to Sec 8-3.2Article 21.Sec. 8-21.1Sec. 8-21.2Sec. 8-21.3Sec. 8-21.4Sec. cedureComment [d27]: Moved to Sec 8-3.3Article 22.Sec. 8-22.1Sec. 8-22.2Sec. 8-22.3Sec. 8-22.4Sec. 8-22.5Sec. 8-22.6Sec. 8-22.7Sec. 8-22.8Sec. 8-22.9Sec. 8-22.10AmendmentsAmendmentsInitiationPublic HearingConsiderationReport Filed With CouncilApproval Or Denial Of ProposalEnactment By OrdinanceWithdrawalDenialInitiation By Council Or Planning CommissionComment [d28]: Moved to Sec 8-3.4Article 23.Sec. 8-23.1Sec. 8-23.2Sec. 8-23.3Non-Conforming Structures And UsesNon-Conforming Buildings And StructuresNon-Conforming UsesUses, Structures And Lots For Which Permits Were Issued Prior To TheAdoption Of This OrdinanceComment [d29]: Moved to Article 13Article 24.Enforcement, Legal Procedures And PenaltiesSec. 8-24.1 Enforcement, Legal Procedures And PenaltiesArticle 25.Sec. 8-25.1Sec. 8-25.2Sec. 8-25.3Kauai Historic Preservation Review CommissionPurposeKauai Historic Preservation Review CommissionPowers And Duties Of The Historic Preservation Review CommissionCZO Update – Phase IDiscussion DraftTable of Contents - Page 5Comment [d30]: Moved to Sec.8-3.5
Sec. 8-25.4 MeetingsSec. 8-25.5 Accounting And FundingComment [d31]: Moved to Article 14Article 26.Additional Dwelling UnitSec. 8-26.1 Additional Dwelling Unit On Other Than Residentially Zoned LotsSec. 8-26.2 Additional Dwelling Unit On Residentially Zoned Lots]Article 18RESERVEDArticle 19RESERVEDArticle 20RESERVEDArticle 22RESERVEDArticle 23RESERVEDArticle 24RESERVEDArticle 25RESERVEDArticle 26RESERVEDArticle 27Sec 8-27.1Sec. 8-27.2Sec. 8-27.3Sec. 8-27.4Sec. 8-27.5Sec. 8-27.6Sec. 8-27.7Sec. 8-27.8Sec. 8-27.9Sec. 8-27.10Sec. 8-27.11Sec. 8-27.12Sec. 8-27.13Sec. 8-27.14Shoreline Setback and Coastal ProtectionApplicabilityDefinitionsShoreline Setback Determination: Establishment of the Shoreline Setback LineMinimum Shoreline Setback RequirementsStructures and Activities Subject to These RulesProhibited Activities in the Shoreline Setback AreaPermitted Activities in the Shoreline Setback AreaStructure and Activity DeterminationsVariance ApplicationCriteria for Approval of a VarianceEnforcementCivil FinesAppeal of the Director’s DecisionPromulgation of Rules and RegulationsCHAPTER 8COMPREHENSIVE ZONING ORDINANCE(The purpose of this Chapter is to provide regulations and standards for landdevelopment and the construction of buildings and other structures in the County of Kauai. Byutilizing the findings and analysis of the County General Plan, this Chapter establishes severalland districts and delineates the respective types of permitted uses and development that cantake place in those districts. The regulations and standards prescribed by this Chapter areintended to promote development that is compatible with the Island's scenic beauty andCZO Update – Phase IDiscussion DraftTable of Contents - Page 6Comment [d32]: Moved to Article 15
environment and to preclude inadequate, harmful or disruptive conditions that may provedetrimental to the social and economic well-being of the residents of Kauai.)CZO Update – Phase IDiscussion DraftTable of Contents - Page 7Comment [PD33]: Added fromBeginning of Table of Contents
ARTICLE 1. GENERAL PROVISIONSSec. 8-1.1 Title.This Chapter shall be known as and may be cited as "The Comprehensive Zoning Ordinance forthe County of Kauai" and its official abbreviated designation shall be "CZO". (Ord. No. 164,August 17, 1972; Sec. 8-1.1, R.C.O. 1976)Sec. 8-1.2 Purpose.This Chapter is adopted for the purpose of:(a)Implementing the intent and purpose of the adopted General Plan.(b)Regulating the use of buildings, structures and land for different purposes.(c)Regulating location, height, bulk and size of buildings and structures, the size of yards,courts and other open spaces.(d)To maintain the concept of Kauai as "The Garden Isle", thus assuring that any growthwill be consistent with the unique landscape and environmental character of the Island.(e)To insure that all physical growth is carried out so as to maintain the natural ecology ofthe Island to the extent feasible.(f)To create opportunities for a greater fulfillment of life through the development of a broadspectrum of educational and cultural pursuits.(g)To promote and protect the health, safety and welfare of all residents.(h)To provide opportunities for desirable living quarters for all residents in all income levels.(i)To recognize those aspects of the Island and its people which are historically significant,and to preserve and promote them as a continuing expression of the Island's physicaland social structure.(j)To guide and control development to take full advantage of the Island's form, beauty andclimate, and preserve the opportunity for an improved quality of life.(k)To protect, maintain and improve the agriculture potential of land located in the County.(Ord. No. 164, August 17, 1972; Sec. 8-1.2, R.C.O. 1976)Sec. 8-1.3 Nature Of County Zoning Ordinance.(a)This Zoning Ordinance consists of the establishment of six (6) major Use Districts inconjunction with two (2) Special Districts within the territory of the County of Kauai. (ThisChapter includes regulations concerning the uses permissible within each of the six (6)Use Districts and concerning the special conditions under which the uses may beCZO Update – Phase IDiscussion DraftArticle 1 - Page 1
developed or created within each of the two (2) special districts.) The boundaries of theUse Districts are established on the Zoning Maps of the County as specified in Sec.8-2.3 of this Chapter. The boundaries of the special districts are established on theZoning Maps or on the Constraint Map.(b)The districts established and located by this Chapter are based upon the findings andanalysis utilized in the General Plan for the County of Kauai. The designations of theUse Districts reflect in part the elements of the environment and society and, in addition,reflect appropriate interrelationships of land use, transportation, utilities, public services,existing development, recreational and employment opportunities, economic conditions,resource management, and population.(c)The designations of the Constraint and Special Treatment districts reflect:(1)The capability of the land within the County to accommodate disturbances;(2)Potential threats to health, safety and welfare, social and aesthetic values; and(3)Relative development of use potential because of existing parcel conditions orunique or limited natural resources.(d)The intent of the regulations governing all districts is to be permissive within theminimum requirements and performance criteria specified for each district.Development, use or construction should be permitted where it can be established byfollowing the provisions of this Chapter so that the development and construction for aspecific use or combination of uses can be accommodated within the specific physicaland social conditions of a particular location in such a manner that it will not create theinadequate, harmful or disruptive conditions that formed the basis of the establishmentof regulations of any district.(e)The Use Districts allocate and regulate the various functions necessary to a diverse andviable society and specify the performance required to develop land and createimprovements consistent with those functions and their interrelationships.(f)The Residential District regulates the number of people living in a given area byspecifying the maximum allowable number of dwelling units that may be developed onany given parcel of land. In order not to differentiate between economic groups orlife-styles, a reasonable flexibility in the type of dwelling units and their placement on theland has been provided.(g)(f)Commercial, Industrial and Resort Districts recognize the specific nature of such usesand allocate their location in relation to land suitability and established or potentialpatterns of residential uses and other activities, such as transportation and communityfacilities.(h)The Agriculture District establishes means by which land needs for existing and potentialagriculture can be both protected and accommodated, while providing the opportunity fora wider range of the population to become involved in agriculture by allowing thecreation of a reasonable supply of various sized parcels.CZO Update – Phase IDiscussion DraftArticle 1 - Page 2Comment [d1]: Moved to Ses.8-4.1Comment [d2]: Moved to Sec.8-8.1
(i)The Open District is established and regulated to create and maintain an adequate andfunctional amount of predominantly open land to provide for the recreational andaesthetic needs of the community or to provide for the effective functioning of land, air,water, plant and animal systems or communities.Comment [d3]: Moved to Sec 8-9.1(j)(g)Overlaying the regulation of development or use in any or all of the Use Districts areadditional special regulations which relate more specifically to the land and the existingcommunity structure. These special regulations have been defined in the ConstraintDistrict and the Special Treatment District and may modify the manner in which usesregulated under the Use Districts may be developed or may require special performancein the development.(k)The Constraint District specifies the additional performance required when critical orvaluable physical, ecologic, or biologic characteristics of the environment exist on thesame parcel where particular functions or uses may be developed.Comment [d4]: Moved to Sec 8-11.1The Special Treatment District specifies the additional performance required whencritical or valuable social or aesthetic characteristics of the environment or communityexist in the same area as a parcel where particular functions or uses may be developed.Comment [d5]: Moved to 8-12.1Any or all of these districts may overlap any Use Districts, creating accumulatedregulations which more nearly relate to the conditions of the specific location where thedevelopment or use may occur.Comment [d6]: Moved to Sec 8-11.1(c)(l)(m)(n)(h) Since the degree and type of the development or use may determine the magnitude ofpublic concern, the procedures for administering the requirements of use and conditionhave been structured to permit smaller developments, while insuring that
Sec. 8-8.2 Generally Permitted Uses And Structures Sec. 8-[8.5] 9.2 Development Standards For Construction And Use Within An Open District Development Standards . CZO Update – Phase I Discussion Draft Table of Contents - Page 2 . Comment [d12]: Moved to Use Table
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