HAR §15-217-8. Definitions

This section provides definitions for terms in these rules that are technical in nature or that otherwise might 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 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. See Figure BT.l (front yard house), dated January 2024, made part of this chapter, and attached at the end of this chapter. "Adapted plants" mean plant species that have adjusted to the physical conditions such as soil, 15-217-12 7 7 §15-217-8 climate, and geology of a site, but were not formally part of the natural ecosystem. "Administrative" is a use classification for uses pertaining to the affairs of a business, profession, 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 fuel station" is a use classification pertaining to the retail sale of non-petroleum based motor vehicle fuel source (including hydrogen, natural gas, and biofuel) to the public by direct delivery into the user's vehicle. This may include incidental motor vehicle services such as supply of lubricants, compressed air, or water and washing. Sale of food, beverages and related items is permitted in conjunction with this use. "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 9 (off-street parking placement), dated January 2024, 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, above a height limit, or beyond a build to line. "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, taxidermy, and craft products. "Attic" means a portion of a building wholly or partly in the roof, so designated, arranged or built 15-217-13 3 5 7 'j' §15-217-8 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, 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, 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 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 walkable 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 principal 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. 15-217-14 - ·; 7 §15-217-8 "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. "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.11, dated January 2024, 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 clubhouses, 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 10 (park and civic space typologies), dated January 2024, 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 cabinets, boxes, or structures, and required side and rear setback areas. "Conference center" is a use classification for facilities designed to host conferences, exhibitions, large meetings, seminars, and training sessions. "Cultural facilities" is a use classification for establishments such as museums, art galleries, botanical and zoological gardens, and other facilities of historic, educational, or 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 to establishments primarily engaged in the preparation and sale of alcoholic beverages for 15-217-15 ,, §15-217-8 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 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 and approving 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 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 approval for (1) a development project; or (2) an improvement project on lands owned by the authority. "Development" means the construction of a new building or other structure on a development lot, the relocation of an existing building on another development lot, or the use of a tract of land for a new use. "Development lot" means any lot or a combination of lots developed in accordance with the provisions of these rules. "Development permit" means and includes a permit approved and issued by the authority authorizing any development project. 15-217-16 §15-217-8 "Development project" means and includes construction and site improvements, including new floor area, that totals 20,001 square feet or more. "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, parking structure, car park, or loading area. "Dwelling" is a use classification pertaining to buildings, residences, structures, or enclosed spaces that are used for or intended for human habitation, shelter, and living. "Dwelling unit" means one or more rooms, providing living facilities, including kitchen facilities or equipment for cooking, toilet facilities, 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; university; or vocational school. "Electric vehicle charging station" means a parking space or area with electric vehicle ("EV") supply equipment that supplies electric energy for the recharging of electric or plug-in hybrid vehicles. "Eleemosynary organization" means a society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent puiposes, 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. "Elevator shaft" means the area of the roof over the elevator shaft, when used for floor area calculation purposes. 15-217-17 357T §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 40, article 8 ­ protective regulations for exceptional trees. "Executive director" means the executive director of the Hawaii community development authority. "Facade" means any exterior wall, system of walls, or exterior glazing of a building that is located 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 that are prepared under the Federal Emergency Management Agency ("FEMA") National Flood Insurance Program. 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 or buildings on the same lot, including interior balconies, mezzanines, and storage areas, measured from the exterior face of exterior walls or from the centerline of a wall separating two structures. (1) Floor area shall include the area of: (A) Roofed structures; (B) Canopies or trellises that are less than fifty per cent open to sky or closeable; (C) Accessory structures on the same .lot; 15-217-18 . V ,_. §15-217-8 (D) Above-grade parking structures and covered loading driveway areas; (E) Mechanical and machine rooms; and (F) Enclosed stairwells and roof area over elevator shafts; (2) The floor area of roofed structures that are not enclosed by walls shall be measured from the exterior face of its supporting structure, columns, posts, or the determined useable area it covers; (3) Floor area shall exclude: (A) Exterior stairwells open on at least two sides with only handrailing or fall protection; (B) Elevator shafts; (C) Basements and below-ground structures; (D) Vertical screening for rooftop machinery equipment; (E) Covered drop-offs located at or leading to the street curb; (F) Areas under overhangs or awnings along street frontages; and (G) Lanais less than twenty per cent of interior floor area; and (4) Upon review and approval by the executive director, floor area may exclude robotic parking systems and its machinery, and other high efficiency parking systems. "Floor area ratio" or "FAR" means the ratio of the total building floor area as expressed in square feet to the total land area as expressed in square feet. The FAR is determined by dividing the total floor area on a lot by the lot area. FAR may be modified based on incentive zoning. See Figure IZ.l (incentive zoning map), dated January 2024, and Figure IZ.2 (incentive zoning table), dated January 2024, and Figure IZ.3 (approved public facilities list), dated January 2024, made a part of this chapter, and attached at the end of this chapter. "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 a sending site or sites and a receiving site. 15-217-19 §15-217-8 "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 13 (pedestrian zone treatment), dated January 2024, 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 12 (building placement and encroachments), dated January 2024, 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.1 to FT.12, dated January 2024, 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 13 (pedestrian zone treatment), dated January 2024, made a part of this chapter, and attached at the end of this chapter. "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. 15-217-20 3 5 7 7 §15-217-8 "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 of 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 special district" means a special district established by article 9 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, 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 15-217-21 S 5 7 7 §15-217-8 (2) Designated in the mauka area plan as being significant in the history or prehistory, architecture, culture, or development of Kaka'ako or a tangible, historic or cultural linkage between Kaka'ako of the past and Kaka'ako of the present. "Home occupation" is a use classification for work-related activities carried out in a dwelling unit for monetary gain by a resident. Home 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 for an improvement project. "Improvement project" means and includes: (a) Construction and site improvements, including new floor area, that totals 20,000 square feet or less; (b) Exterior alterations, excluding ordinary repairs and maintenance covered by a rules clearance or renovation permit; or (c) Demolition of an existing structure. "Incentive zoning" means and includes development incentives, such as increased allowable floor area or building height, in exchange for the provision of community benefits consistent with Figure IZ.2 (incentive zoning table), dated January 2024, and Figure IZ.3 (approved public facilities list), dated January 2024, made a part of this chapter, and attached at the end of this chapter. Incentive zoning may only be applied within areas identified in Figure IZ.l (incentive zones), dated January 2024, made a part of this chapter, and attached at the end of this chapter. "Indoor recreation" is a use classification pertaining to participant sports conducted within an 15-217-22 §15-217-8 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. "Kaka'ako 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. A lanai is accessible solely from the dwelling to which it is appurtenant. "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. 99-12 of the city and county of Honolulu, as amended by the city and county of Honolulu from time to time. "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, 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 definition. 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 15-217-23 3 Fi 7 7 §15-217-8 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 Kaka'ako 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 Kaka'ako community development district adopted on September 29, 1998, as amended on November 27, 2002; October 25, 2005; and January 8, 2024. "Mauka area" means that portion of the "Kaka'ako 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 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 Kaka'ako 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 October 31, 2011. "Mauka-makai" means the general orientation of mountains (mauka) to the ocean (makai). 15-217-24 3 5 7 '1 §15-217-8 "Mauka-makai axis" means the angle or orientation of the nearest of one of the following mauka-makai thoroughfares: Punchbowl, South, Cooke, Ward, Kamakee, 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. "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, 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. "Native plants" mean endemic or indigenous plant species as well as those brought to Hawai'i by polynesians before european contact. 15-217-25 §15-217-8 "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. "Open space" means usable space that is one hundred per cent open to the sky that is between or adjacent to a structure and located at-grade. The area must be publicly accessible and useable if provided on a podium, roof garden, or roof top recreation area. "Outdoor recreation" is a use classification for recreational facilities operated for monetary profit or on a nonprofit basis and which typically include swimming pools, wading pools, tennis courts, badminton courts, basketball courts, other hard surface play areas, baseball and soccer fields, play equipment areas, and clubhouses. "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 9 (off-street parking placement), dated January 2024, 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 15-217-26 §15-217-8 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 9 (off-street parking placement), dated January 2024, 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. "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 the Americans with Disabilities Act (ADA) requirements. No furnishings or obstructions are allowed. See Figure 13 (pedestrian zone treatment), dated January 2024, 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 13 (pedestrian zone treatment), dated January 2024, 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 15-217-27 §15-217-8 lights, pedestrian lights, street furniture, public art, sign poles, fire hydrants, signal and electrical cabinets, bike racks, special pavement, and outdoor seating. See Figure 14 (pedestrian zone fixtures), dated January 2024, 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 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. "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 the 15-217-28 3 5 7 '7 §15-217-8 building, landscaping, and often a segment of the sidewalk. "Project" means an endeavor undertaken by a landowner or developer to develop or improve a lot or combination of lots or buildings, or the renovation of a building or structure. "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. "Public facilities" means land, land area, structures or portions of structures, infrastructure, and utilities dedicated to perpetual public use which are publicly accessible. "Public frontage" means the area of the pedestrian throughway area that is publicly owned. The public frontage contributes to the character of the neighborhood, and includes the sidewalk, landscaping, and furnishings. See Figure 13 (pedestrian zone treatment), dated January 2024, 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. 15-217-29 3 5 7 7 §15-217-8 "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 facilities[,] for temporary or permanent residences that 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 or training. "Renovation permit" means and includes a permit approved and issued by the executive director authorizing any renovation project. "Renovation project" means and includes: (1) Interior alterations and modifications of an existing structure that increases floor area by not more than twenty-five per cent of the building floor area as originally constructed, and where the total building floor area is less than twenty thousand square feet; and (2) Minor modifications to the exterior of the existing structure. "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 the sale of food or beverages in a ready-to-eat state for on-site or off-site consumption. Typically, 15-217-30 §15-217-8 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. "Roof" means a solid horizontal, angled, or operable man-made structure that provides covering and protection from natural elements, having less than 50 per cent of the structure or protection open to the sky and natural elements. "Rules clearance" means and includes a permit approved and issued by the executive director when the uses, structures, and activities: (1) Comply with setback requirements, height limits, and all other applicable standards and existing nonconformities; and (2) Does not require the issuance of a renovation permit, improvement permit, or development permit. "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 amongst each other, thereby resulting in reductions in the parking requirements. 15-217-31 §15-217-8 "Short-term bicycle parking" means a place to secure bicycles for less than eight hours. Short-term bicycle parking can be provided through fixed bicycle racks or corrals for parking and locking bicycles, or storage facilities on the ground level near building entrances. Directional signage shall be provided for short-term bicycle parking not clearly visible from the sidewalk. "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, 15-217-32 3 5 7 7 §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 established 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 of any permanent structure. "Temporary use" is a use classification approved by the executive director for a fixed period of not more than fourteen consecutive days within a ninety­ day period, and does not involve the construction or alteration of any permanent structures. "Temporary use permit" means and includes a permit approved and issued by the executive director authorizing any temporary use and associated with temporary structures. "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 3 (thoroughfare plan), dated January 2024, 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 a collective term for the condition of a compact, mixed-use settlement, including the physical form of its development and its 15-217-33 §15-217-8 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 Figure 5 (view corridors), dated January 2024, 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 clearance" means and includes a permit approved and issued by the executive director authorizing that a proposed use is consistent with the established land use within the neighborhood zones. "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 11/11/11; am and comp JA~; 1~ 2025 ] {Auth: HRS §§206E-2, 206E-4, 206E-5, 206E-5.6, 206E-7) (Imp: HRS §§206E-2, 206E-4, 206E-5, 206E-5.6, 206E-7) §§15-217-9 to 15-217-20 (Reserved)[--,--] 15-217-34 • r -­. •.J §15-217-23 SUBCHAPTER 2 REGULATING PLAN, NEIGHBORHOOD ZONES, AND INCENTIVE ZONES