HAR §15-217-7. Severability

These rules shall be liberally construed to protect and preserve the health, safety, and general welfare within the mauka area. Should any provision of the rules be held to be unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions. [Eff NOV 11 2011 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-8 Definition of terms. This section provides definitions for terms in these rules that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this section, then the executive director shall determine the correct definition through the interpretation provisions of section 15-217-5 (rules of interpretation). "Accessory building" means a building that is located on the same property, but physically separated from the principal building and is subordinate in size to the principal building, which may include swimming pool house, recreational facilities, and gazebos; "Accessory dwelling" means a self-contained residential unit located on the same property as a front yard house, side yard house, or duplex-triplex­ quadplex, which is either attached to the principal building or in a separate structure; "Administrative" is a use classification for uses pertaining to the affairs of a business, profession, 217-11 29 7 6 §15-217-8 service, industry, government, or like activity, which may include ancillary services for office workers, such as a restaurant, coffee shop, or newspaper or candy stand; "Alcohol sales'' is a use classification pertaining to the sale of alcoholic beverages, whether for on-site or off-site consumption; "Allee• means an evenly spaced and aligned double row of trees usually planted along a thoroughfare; "Alley• means a service lane located to the rear of lots providing access to service areas, parking, and outbuildings and containing utility easements; "Alternative parking access street• means a street from which parking, driveways, curb cuts and other vehicular intrusions into the pedestrian realm should be allowed only when access to a parking access street is not possible. See Figure 1.10 (parking), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Architectural encroachment• means an architectural feature that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the pedestrian zone, or above a height limit; "Artisan or craft production• is a use classification for the manufacturing and assembling of small products primarily by hand, including but not limited to clothing, furniture, jewelry, pottery and other ceramics, small glass and metal art, taxidermists and craft products; "Attic• means a portion of a building wholly or partly in the roof, so designated, arranged or built to be used for business, storage, recreation or habitation. Attic areas with a head room of less than seven feet shall not be included as floor area; "Authority• means the Hawaii community development authority established by section 206E-3, HRS; "Automobile rentals or sales" is a use classification primarily engaged in the rental, leasing or sales of new and used automobiles, trucks, 217-12 297 6 §15-217-8 trailers, motorcycles, mopeds, and recreation vehicles and supplies, including storage of said vehicles; "Automobile repair" is a use classification for the repair and maintenance services for motorcycles, passenger vehicles and trucks of all sizes. Typical repair and maintenance activities pertain to the tire, body, auto glass, radiator, transmission, motor tune­ up, vehicle upholstery, and mufflers; "Avenue" means a walkable, low-to-medium (thirty to thirty-five mph) urban arterial or collector thoroughfare, generally shorter in length than boulevards, serving access to abutting land. Avenues serve as primary pedestrian and bicycle routes and may serve local transit routes. Avenues usually provide curb parking; "Awning" means a canopy that is supported entirely from the exterior wall of a building; "Block" means the aggregate of lots, passageways, public spaces, and alleys bounded on all sides by thoroughfares; "Block face" means the aggregate of the building facades on all of the lots on any given block; "Block size'' means the size of a block as measured in linear feet around the edges of the block at the lot line; "Boulevard" means a means a walkable, low-speed (thirty-five mph or less) divided arterial thoroughfare designed to carry both through and local traffic, pedestrians and bicycles. Boulevards may be high ridership transit corridors. Curb parking may be allowed on boulevards; "Build to line" means a setback, parallel to the frontage line, which marks the location from which the principle vertical plane of the elevation must be erected. The build to line dimension is the distance from the lot line to the build to line; "Building" means any permanently anchored structure used or intended for supporting or sheltering any use or occupancy; "Building face" means the building elevation closest to and facing the abutting thoroughfare; 217-13 29 7 6 §15-217-8 "Building type" means a form based classification that describes a particular type of building in terms of scale and design. See Figures BT.1 to BT.10, dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Building void" means the negative space that is created between the potential building envelope and the actual building, when upper floors of a building are set back from the maximum possible floor plate size to add depth and articulation. The building void is the difference between one hundred per cent and the floor plate ratio provided for each story as indicated on each of the building type pages. See Figure 1.12-C (illustrative building void and floor plate diagrams), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Civic" is a use classification which includes uses that foster community interaction and citizen participation in civic activities such as: meeting halls or clubhouse, conference centers, cultural facilities, public safety facilities, public or government facilities, libraries, religious facilities, and theaters; "Civic building" means a building primarily used for civic or public uses; "Civic space" means a form based classification of outdoor areas dedicated for public use. See Figure 1.11 (civic space), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Commercial" means the term collectively defining workplace, office, and retail functions; "Common open space" means a portion of the lot landscaped and utilized for passive or active recreation but excluding permanent buildings, off­ street parking areas, drive aisles, above-ground utility cabinet, boxes or structures and required side and rear setback area; "Conference center" is a use classification for facilities designed to host conferences, exhibitions, large meetings, seminars, and training sessions; 217-14 297 6 §15-217-8 "Cultural facilities" is a use classification for establishments such as museums, art galleries, botanical and zoological gardens, and other facilities of an historic, an educational, or a cultural interest; "Curb" means the edge of the vehicular pavement that may be raised or flush to a swale and is usually incorporated into the drainage system; "Dance-nightclub" is a use classification pertaining establishments primarily engaged in the preparation and sale of alcoholic beverages for consumption on the premises in conjunction with a dance floor accompanied by prerecorded or live music; ''Day-care center'' is a use classification pertaining to non-medical care for fifteen or more children or adults in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. May include pre-schools, infant centers, and extended day-care facilities; ''Day-care home• is a use classification pertaining to single-family residences that are occupied and used as such in addition to providing non-medical day-care on less than a twenty-four-hour basis to children or adults; "Decision-maker• means the person or entity charged with reviewing a particular permit or development application; "Developable area" means the area within the lot lines of a parcel or a series of parcels, excluding setback areas; "Developer" means a private person or an entity who has legal rights to perform or cause to be performed any man-made change over, upon, under, or across improved or unimproved real property within the mauka area; "Developer's proposal to develop lands under the authority's control" as used in section 206E-5.6, HRS, shall mean and include any permit application filed by any private person or entity seeking the authority's 217-15 29 7 6 §15-217-8 approval for (1) a development; or (2) an improvement project on lands owned by the authority; "Development" means and includes any man-made change over, upon, under, or across improved or unimproved real property performed on a lot greater than 20,000 square feet within the mauka area. Development shall not include a project consisting of a change in use or interior renovations only; "Development permit" means and includes a permit approved and issued by the authority authorizing any development; "Disposition" means the placement of a building on its lot; "Drive-through" means an establishment that permits customers to receive services, to obtain goods, or to be entertained while remaining in their motor vehicles; "Driveway" means a vehicular lane within a lot, often leading to a garage; "Dwelling" means one or more rooms providing complete living facilities for one family, including kitchen facilities or equipment for cooking, and including a room or multiple rooms for living, sleeping, bathing, and eating; "Educational facilities" is a use classification pertaining to instruction or education, such as kindergarten; elementary, middle, or junior high school; high school; college; universities; or vocational schools; "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; "Elevation" means an exterior wall of a building not along a frontage line; 217-16 29 7 6 §15-217-8 "Encroachment" means any structural or architectural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the pedestrian zone, or above a height limit; "Enfront" means to place an element along a frontage; "Exceptional tree" means a tree that by reason of age, rarity, location, size, aesthetic quality, endemic status or historical and cultural significance is designated by the county arborist committee as worthy of preservation, pursuant to Act 105, SLH 1975, and the city and county of Honolulu exceptional tree ordinance. See the revised ordinances of Honolulu, chapter 41, article 13 - protective regulations for exceptional trees including the register of exceptional trees; "Executive director" means the executive director of the Hawaii community development authority; "Facade" means the exterior wall of a building that is set along a frontage line; "Facade string" means a row of facades along a street that are physically attached to each other; "FEMA flood maps" means maps that set flood insurance rates, regulate floodplain development, and delineate "100-year" floodplain boundaries. FEMA flood maps contain flood zones that describe different levels of flood risk and elevation; "Flat" means a dwelling that is confined to a single story; "Floor area" means the sum of the gross horizontal areas of all floors of a building, including interior balconies and mezzanines, measured from the exterior face of exterior walls or from the centerline of a wall separating two structures. Floor area shall include the area of roofed porches or lanai having more than one wall and of accessory structures on the same lot. Stairwells, elevator shafts parking facilities and loading spaces, including their driveways, shall be excluded; "Floor area ratio" or "FAR" means the ratio of the total building floor area as expressed in square 217-17 29 7 6 §15-217-8 feet to the total land area as expressed in square feet. The FAR is determined by dividing the total floor area on a development lot by the lot area of that development lot; "Floor area ratio transfer credit'' means a unit of measurement integral to section 15-217-84 (floor area ratio transfer) and which is established on a one-to-one basis between sending site(s) and a receiving site; "Frontage" means the area between a building elevation and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into two components: private frontage and public frontage; "Frontage line" means a lot line bordering the public frontage. See Figure 1.14 (pedestrian zone treatment), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Frontage occupancy• means the minimum length of the principal frontage that must contain a building street front element. See Figure 1.13 (building placement and encroachments), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Frontage type" means a form based classification that describes a particular type of building face in terms of scale and architectural features. Frontage types facilitate pedestrian access to the principal entrance of a building. See Figures FT.l to FT.12, dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Furnishing area• means the transition between the pedestrian throughway and the edge of the vehicular pavement. The furnishing area provides space for roadside appurtenances such as street trees, planting strips, street furniture, public art, sidewalk cafes, sign poles, signal and electrical cabinets, fire hydrants, bicycle racks and bus shelters. See Figure 1.14-A (section view illustrative pedestrian zone treatment), dated September 2011, made a part of this chapter, and attached at the end of this chapter; 217-18 29 7 6 §15-217-8 •Gas station'' is a use classification pertaining to the retail sale of motor vehicle fuel and lubricants to the public by direct delivery into the user's vehicle and may include incidental motor vehicular services such as tire repair, battery charging, brake adjustment, motor tune-up and washing. Sale of food, beverages and related items is permitted in conjunction with a gas station; "Grade• means the slope of a road, street, or other public way specified in percentage terms; "Ground elevation• means the highest finished grade along the perimeter of the building; "Group assembly" is a use classification for the gathering of people for activities including a music festival, carnival, show, circus, dance, exhibition, lecture, concert, rally, party, celebration, or similar activity which is open to the public or to which members of the public are invited or admitted either for a charge or free of cost; "Group home• is a use classification pertaining to the use of any single-family residence or dwelling unit for a group residence where residents pay a fee or other consideration to the group home operator in return for residential accommodations. A group home includes a boarding home, a rooming house, as well as a group residence for the elderly, or mentally or physically disabled or handicapped persons, or other persons in need of care and supervision; "Guideline• means a development provision that is suggested to further the intent and the mauka area plan and rules, but that is not compulsory; ''Habitable space• means space in a structure for living, sleeping, eating or cooking. Bathrooms, closets, halls, storage areas and utility spaces are not considered habitable spaces; "Hawaii capital district" means a special district established by article 7 of the land use ordinance; "Hawaii revised statutes• or "HRS" means the Hawaii Revised Statutes; "Heavy industrial" is a use classification for industrial plants primarily engaged in manufacturing, 217-19 29 7 & §15-217-8 compounding, processing, assembling, packaging, treatment, or fabrication of materials and products, primarily from extracted or raw or recycled materials. Uses in this classification generally are characterized by, among other things, truck traffic or outdoor storage of products, materials, equipment or fuel. Typical uses include battery manufacturing, welding, water softening plants, plating, ready-mix concrete plants, trucking terminals, and distribution facilities for commercial package services; "Historical or culturally significant property" means any property that is: (1) Listed on the Hawaii or national register of historic places, pursuant to HRS; or (2) Designated in the rnauka area plan as being significant in the history or prehistory, architecture, culture, or development of Kakaako or a tangible, historic or cultural linkage between Kakaako of the past and Kakaako of the present; "Horne occupation" is a use classification for work-related activities carried out in a dwelling unit for monetary gain by a resident. Horne occupation is considered an accessory use in the resident's dwelling unit; ''Hospital" is a use classification pertaining to institutions providing health services, primarily for inpatients and medical or surgical care of the sick or injured, including related facilities as laboratories, outpatient departments, training facilities, central service facilities, and staff offices; "Hydraulic lifts" means a parking method wherein mechanized lifts are used to lift one car above the ground so that another car can park underneath. May include robotic parking; "Improvement permit" means and includes a permit approved and issued by the executive director authorizing any improvement project; "Improvement project" means and includes any man­ made change over, upon, under, or across improved or unimproved real property performed on a lot of 20,000 square feet or less within the mauka area; 217-20 29 7 6 §15-217-8 "Indoor recreation• is a use classification pertaining to participant sports conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, pool halls, indoor ice or roller skating rinks, indoor racquetball courts, indoor batting cages, and health or fitness clubs; "Kakaako community development district plan" means a collective term for the "Mauka Area Plan• and the "Makai Area Plan.'' Also, referred to as the "Kakaako Community Development Plan• or "Kakaako 11 Plan ; "Kakaako special design district ordinance• means Ordinance No. 80-58 of the city and county of Honolulu, as amended by Ordinance No. 81-8; "Lanai" means an accessory area to a dwelling, 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. Lanai are accessible solely from the dwelling to which it is appurtenant and may either be recessed elements with a roof continuous with the building roof, or they may be protruding elements added on to the face of a building; "Land use• means a designation of land with approved uses that can legally operate on the parcel; "Land use ordinance• or "LUO" means the land use ordinance adopted by Ordinance No. 86-96 of the city and county of Honolulu; "Large lot• means a parcel or collection of parcels (developable area) equal to or greater than 140,000 square feet; "Leadership in energy and environmental design" or "LEED" means a green building rating system developed by the U.S. Green Building Council that provides a suite of standards for the environmentally sustainable design, construction and operation of buildings and neighborhoods; "Light industrial" is a use classification pertaining to manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, 217-21 29 7 6 §15-217-8 treatment, and packaging of such products and incidental storage and distribution of such products or parts, but excluding basic industrial processing classified under the heavy industrial. Typical uses include apparel manufacturing, machine shops, and furniture manufacturing; "Liner building" means a building which masks or conceals a parking lot or a parking structure from a frontage; "Live-work" means a mixed-use unit consisting of an office, or retail uses along with residential use. The residential function may be anywhere in the unit and is intended to be occupied by a business operator who lives in the same structure that contains the retail activity; "Long-term bicycle parking" means a place to secure bicycles for eight to twenty four hours. Long­ term bicycle parking can be provided through bicycle lockers, bicycle racks in enclosed areas, or space within a building; "Lot" means a duly recorded parcel of land which can be used, developed or built upon as a unit; "Lot line" means the boundary of a parcel of land, often expressed in metes and bounds; "Lot width" means the length of the principal frontage line of a lot; "Makai area" means that portion of the Kakaako community development district, established by section 206E-32, HRS, excluding the mauka area 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; "Makai area plan" means the development plan for the makai area of the Kakaako community development district adopted on September 29, 1998, as amended on November 27, 2002 and October 25, 2005; "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 217-22 29 7 6 §15-217-8 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, August 3, 1999, June 1, 2005 and NOV 11 2011 ; "Mauka-makai" means the general orientation of mountains (mauka) to the ocean (makai); "Mauka-makai axis" means the angle or orientation of the nearest of one of the following mauka-makai thoroughfares: Punchbowl, South, Cooke, Ward, or Piikoi. The mauka-makai axis is parallel to the nearest designated mauka-makai thoroughfare. In the case that the tower lies exactly in between two mauka­ makai thoroughfares, the relevant mauka-makai axis shall be chosen by measuring from the closest point of that tower to each thoroughfare; "Mauka-makai zone" means an area that is defined by planes extended from the edges of a tower along its mauka-makai axis (see Figure 1.6B (view preservation), dated September 2011, made a part of this chapter, and attached at the end of this chapter); "Maximum floor plate ratio" means the proportion of each floor that can occupy the total buildable floor area; "Media production" is a use classification pertaining to areas for motion pictures, television, video, sound, computer, and other communications media production. These facilities include the following types: (1) Back lots or outdoor facilities. Outdoor sets, back lots, and other outdoor facilities, including supporting indoor workshops and craft shops; (2) Indoor support facilities. Administrative and technical production support facilities, 217-23 29 7 6 §15-217-8 including administrative and production offices, post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc.; and (3) Soundstages. May also include buildings providing space for the construction and use of indoor sets, including supporting workshops and craft shops; "Medical or dental clinic'' is a use classification pertaining to a facility that contains one or more physicians or dentists, their assistants, and a laboratory or an apothecary limited to the sale of pharmaceutical and medical supplies. Shall not include inpatient care or major surgery; "Mixed-use" means a combination of more than one use within a development project or lot; "Multi-family" is a use classification pertaining to a building or buildings containing more than one dwelling and which may have joint services or facilities; ''Net site area'' means all developable land within a project site including thoroughfares but excluding land allocated as civic zones; "New building" means and includes the construction of a building including structural supports, walls and a roof; "Nonconforming structure" means a building or structure that was lawfully erected prior to the effective date of the adoption or amendment of this chapter but no longer complies with all the regulations applicable to the mauka area as a result of adoption or amendment of this chapter or government action associated with eminent domain; "Nonconforming use" means an activity using land, buildings or structures for purposes which were legally established prior to the effective date of the adoption or amendment of this chapter, but would not be permitted as a new use in any of the neighborhood zones established by this chapter; "Outdoor recreation" is a use classification for recreational facilities operated for monetary profit 217-24 29 7 6 §15-217-8 or on a nonprofit basis and which typically include swimming pools, wading pools, tennis courts, badminton courts, basketball courts, baseball and soccer fields, play areas, and clubhouse; "Park and recreation" means a land use classification under civic uses pertaining to parks and recreational facilities, including gymnasiums, playing fields, playgrounds, fountains, and swimming pools; "Parking access street" means a street from which access to parking, driveways, curb cuts and other vehicular intrusions into the pedestrian realm should be located. See Figure 1.10-B (parking placement diagram), dated September 2011, made a part of this chapter, and attached at the end of this chapter; ''Parking facility" is a use classification for off-street parking spaces for motor vehicles within or outside of a structure by either a private or public entity; "Parking structure" means a building containing one or more stories of parking above grade; "Parking zone" means the area within a block where parking is allowed. See Figure 1.10-B (parking placement diagram), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Passageway" means a pedestrian pathway, open or roofed, that serves as an extension of the sidewalk as it passes from the frontage line onto private property, often between or through buildings, to courtyards, parking areas or civic spaces. Passageways shall be no less than fifteen feet wide. If passageways are covered, they require a floor to ceiling height of at least two times their width, but no greater than three times their width; "Passenger terminal" is a use classification pertaining to the provision of transportation of persons and goods. Typical uses include stations, depots, yards, dispatch centers or other facilities for bus services, train services or taxi services but exclude trucking terminals or moving and storage firms; 217-25 29 7 6 §15-217-8 "Path" means a pedestrian way traversing a park, with landscape matching the contiguous open space; "Pedestrian throughway" means the clear area for the pedestrian walkway area between the furnishing and private frontage areas. The throughway must provide a minimum horizontal and vertical clear zone area in compliance with ADA requirements. No furnishings or obstructions are allowed. See Figure 1.14-A (pedestrian zone treatment), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Pedestrian zone" means the zone between the building face and the curb. The elements of a pedestrian zone are: the private frontage area, the pedestrian throughway area, and the furnishing area. See Figure 1.14-A (pedestrian zone treatment), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Pedestrian zone fixture" means street furniture, paving, and trees within the pedestrian zone, including street trees, planting strips, street lights, pedestrian lights, street furniture, public art, sign poles, fire hydrants, signal and electrical cabinets, bike racks, special pavement, and outdoor seating. See Figure 1.15 (pedestrian zone fixtures), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Personal services" is a use classification pertaining to services for the enhancement of personal appearance, cleaning, alteration or reconditioning of garments and accessories, and similar non-business related or nonprofessional services. Typical uses include reducing salons, tanning salons, barber shops, tailors, shoe repair shops, self-service laundries, and dry cleaning shops, but exclude uses classified under the office and vocational school; "Plane break" means a horizontal or vertical recess or projection of a dimension specified by these rules particular to building elevations, including facades; 217-26 29 7 6 §15-217-8 "Planting strip" means a planted and landscaped area accommodated within the furnishing area, intended to provide a buffer between pedestrians and vehicles; "Porte cochere" means a covered parking area and driveway; "Principal building" means the largest building on a lot, usually located toward the frontage; "Principal entrance" means the main point of access for pedestrians into a building; "Principal frontage" means the frontage designated to bear the address and principal entrance to the building, and the measure of minimum lot width as determined by the lot owner; "Printing and publishing" is a use classification pertaining to printing by computer, letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. This includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices; "Private frontage" means the area of the pedestrian throughway area that is privately owned. The private frontage contributes to the character of the neighborhood, and includes the front of building, landscaping, and often a segment of the sidewalk; "Project" means an endeavor undertaken by a landowner or developer to develop a lot or combination of lots; "Project site'' means the gross land area of a lot or a combination of lots for a proposed project; "Promenade street" means a type of thoroughfare that promotes pedestrian activity by providing amenities such as wide sidewalks, street trees, street furnishings and reduced curb cuts. Promenade streets provide pedestrian connections between public open spaces and destinations; ''Public building" is a use classification pertaining to buildings owned or developed by public entities or developed on state-owned lands; 217-27 29 7 6 §15-217-8 "Public frontage" means the area of the pedestrian throughway area that is publically owned. The public frontage contributes to the character of the neighborhood, and includes the sidewalk, landscaping and furnishings. See Figure 1.14 (pedestrian zone treatment), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Public project" means any project or activity of any county or state agency conducted to fulfill a governmental function for public benefit and in accordance with public policy; "Public realm" means the area of the pedestrian zone that is not contained within private lot lines; "Public utility project" means any project or activity of any county or state agency conducted to upgrade or construct utilities, including sanitary sewer, drain lines, water, gas, electrical, telephone, cable, pedestrian facilities, and roadway systems; "Receiving site" means the parcel or combination of parcels where floor area ratio transfer credits can be used to add development rights that have been severed from a sending site; "Recreation space" means an outdoors or indoors open space within a development that can be located at any level and is available for recreational use; "Recycling collection facility" means any indoor or outdoor space allocated to collecting and loading recyclable materials to be transported to a recycling center. May include bins, boxes, cans, kiosk type structures, and reverse vending machines; "Regulating plan" means a zoning map which depicts the neighborhood zones, areas subject to regulation by this chapter and other pertinent portions of the authority's administrative rules; ''Religious facility'' is a use classification pertaining to places of worship, including any church, synagogue, temple, mosque, or other building or facility, primarily engaged in religious worship. The term "Religious Facility" does not include uses, such as schools, recreational facilities, day-care or child care facilities, kindergartens, dormitories, or other 217-28 29 7 6. §15-217-8 facilities, for temporary or permanent residences, which are connected or related to the religious facility or the principal buildings on the site, or are located on the same site, even if the curriculum or services offered as part of such use includes religious services and/or training; "Reserved housing" means housing as defined in chapter 218, title 15, Hawaii administrative rules; "Residential" means premises available for human dwelling; "Restaurant" is a use classification pertaining to of the sale of food and/or beverages in a ready-to­ eat state for on-site or off-site consumption. Typica'lly, there are tables, counters, benches, or other public seating facilities provided. Examples include a sit-down dining facility, fast-food restaurant (no drive-through), donut shop, pizza shop, cafe, bakery, cafeteria, coffee shop, lunchroom, delicatessen, and ice cream parlor. Includes micro­ breweries as accessory to the restaurant; "Retail sales" is a use classification pertaining to the sale of goods and merchandise; "Right-of-way" means the area of a thoroughfare between private lot lines; "Robotic parking" means a mechanized parking system which stores and retrieves vehicles in a compact storage facility; "Secondary frontage" means on corner lots, the frontage that is not the principal frontage; "Sending site" means the parcel or combination of parcels where floor area ratio transfer credits can be obtained in exchange for severing development rights; "Service street" means a thoroughfare with two travel lanes and one parking-loading lane intended to provide vehicular access to lots. The pedestrian realm requires no front yard space and no trees; "Setback" means the dimension between the building elevation and the lot line that must remain clear of any buildings or other structures with the exception of authorized encroachments; "Shared parking" means a system in which the parking requirements for two or more uses are shared 217-29 29 7 6 §15-217-8 amongst each other, thereby resulting in reductions in the parking requirements; "Short-term bicycle parking" means a place to secure bicycles for less than eight hours. Short-term bicycle parking can be provided through bicycle racks, and storage facilities; "Sidewalk" means the paved section of the pedestrian zone used or intended to be used exclusively for pedestrian activity; "Single family" is a use classification pertaining to a single dwelling; "Smart growth" means an urban planning theory that concentrates growth in the center of a city to avoid urban sprawl and advocates compact, transit­ oriented, walkable, bicycle-friendly land use, including complete streets, and mixed-use development with a range of housing choices; "Special flood hazard area'' means a designation by the Federal Emergency Management Agency ("FEMA") that may include the V (velocity) zones and coastal A zones where building construction is forbidden, restricted, or contingent upon raising the building to the base flood elevation; "Standard" means a development regulation that is required, rather than discretionary; "Stepback" means a building setback of a specified distance that occurs at a prescribed number of stories above the ground; "Story" means a level within a building that can be used for living, work, storage, or recreation, excluding an attic or raised basement; "Street" means a walkable, low speed (twenty-five miles per hour) thoroughfare primarily serving abutting property. A street is used to connect neighborhoods within the district. Streets emphasize curb parking; "Street front element" means the portion of a building that primarily sits along a build to line and creates a street wall that frames the street; "Street screen" means a freestanding wall built along the frontage line, or coplanar with the facade. It may mask a parking lot from the thoroughfare, 217-30 29 7 6 §15-217-8 provide privacy to a side yard, or strengthen the spatial definition of the public realm; "Structure" means anything constructed or erected with a fixed location on the ground, including buildings, walls, swimming pools, and signs; ''Swale" means a low or slightly depressed natural area for drainage; "Tandem parking" means two cars parked nose to end, one in front of the other; "Temporary parking" means parking establish for a fixed period of time with the intent to discontinue such parking upon the expiration of such time. Temporary parking does not involve the construction or alteration an any permanent structure; ''Theater" is a use classification pertaining to performance theaters, movie theaters, and amphitheaters; "Thoroughfare" means a way or passage used by vehicular, bicycle and pedestrian traffic. Thoroughfares consist of vehicular lanes and the pedestrian zone and provide access to lots and open spaces; "Thoroughfare plan" means a component of the mauka area rules that shows planned changes to existing thoroughfares and the general location of planned new thoroughfares. See Figure 1.4 (thoroughfare plan), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Transit-oriented development" means a mixed-use area intended to maximize access to public transport; often incorporating features to encourage transit ridership; "Urbanism" means collective term for the condition of a compact, mixed-use settlement, including the physical form of its development and its environmental, functional, economic, and socio­ cultural aspects; "View corridor street" means a thoroughfare identified in the mauka area plan, where special design and development standards are required to protect views to the mountains and to the ocean. See 217-31 29 7 6 §15-217-8 Figure 1.6A (view corridors), dated September 2011, made a part of this chapter, and attached at the end of this chapter; "Vocational school" is a use classification pertaining to training in a skill or trade to be pursued as a career; "Warehousing" is a use classification pertaining to the wholesaling, storage, moving or bulk distribution of goods other than live animals. Typical uses include wholesale distributors, storage warehouses, and moving and storage firms; "Workforce housing project" means new residential project as defined in chapter 218, title 15, Hawaii administrative rules; "Zone" means the area or district of the mauka area through which these rules are organized; and "Zoning map" means the official map or maps that are part of the mauka area rules and delineate the boundaries of individual zones and districts (see regulating plan) . [Eff NOV11 2011 (Auth: HRS §§206E-2, 206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-2, 206E-4, 206E-5, 206E-7) §§15-217-9 to 15-217-20 (Reserved) . SUBCHAPTER 2 REGULATING PLAN AND NEIGHBORHOOD ZONES