HAR §15-22-5. Definitions

Except as otherwise stated in this chapter, all of the definitions contained in the land use ordinance of the city and county of Honolulu are by reference incorporated herein and made a part hereof. As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning or intent: "Ancillary assisted living amenities" means those components that are necessary to the operation and function of an assisted living facility and are in addition to UNOFFICIAL COMPILATION June 2005 22-4 typical amenities that would not otherwise be provided in multi-family residential projects; "Arcade" means a protected walkway which provides public pedestrian access contiguous to a building. It is open on at least one long dimension, except for structural columns, and has an average unobstructed ceiling height of at least twelve feet. It shall have a clear walkway width of at least twelve feet and not less than five hundred square feet of covered area, including the area occupied by the structural columns. An arcade is not more than eighteen inches above adjoining grade; "Assisted living administration" means the coordination of services to residents in their living units, ancillary assisted living amenities, or nursing facilities; "Assisted living facility" means a combination of housing, health care services, and personalized supportive services designed to respond to individual needs, to promote choice, responsibility, independence, privacy, dignity, and individuality". This facility is a building complex offering dwelling units to individuals and services to allow residents to maintain an independent assisted living lifestyle. The environment of an assisted living facility is one in which meals are provided, staff are available on a 24-hour basis and services are based on the individual needs of each resident. Each resident, family members, and others work together with facility staff to assess what is needed to support the resident in his/her greatest capacity for living independently. The facility is designed to maximize the independence and self-esteem of limited-mobility persons who feel that they are no longer able to live on their own. If provided, nursing facilities should serve the residents and the general public; "Authority" means the Hawaii community development authority established by section 206E-3, HRS; "Awning" means a temporary shelter supported entirely from the exterior wall of a building; "Decks" mean the roofs of platforms; "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, or the enlargement of an existing building or use; "Development lot" means any lot or a combination of lots developed in accordance with the provisions of these rules; "Duplex unit" means a building containing one dwelling unit on a single zoning lot which is to be attached on a UNOFFICIAL COMPILATION June 2005 22-5 side or rear property line with another dwelling. The dwellings shall be structurally independent of each other and attached by means of a boundary wall. The attachment of the wall shall not be less than fifteen feet or fifty per cent of the longer dwelling on the property line, excluding carports or garages, whichever is the greater length. In lieu of construction with a boundary wall, both dwellings shall be built up independently to the property line. The maximum building area shall be fifty per cent of the zoning lots; "Dwelling, detached" means a building containing one or two dwelling units, entirely surrounded by yards or other separation from buildings on adjacent lots. Dwelling units in a two-family detached dwelling may be either on separate floors or attached by a carport, garage or a solid wall without openings which shall not be less than fifteen feet or fifty per cent of the longer dwelling. The maximum building area shall be fifty per cent of the zoning lot; "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; "Executive director" means the executive director of the authority; "Floor area" means the area of the several floors of a building excluding unroofed areas measured from the exterior faces of the exterior walls or from the center line of party walls separating portions of a building. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above, including but not limited to elevator shafts, corridors, and stairways. Excluded from the floor area are parking facilities and loading spaces, including their driveways and accessways, lanais or balconies of dwelling or lodging units which do not exceed fifteen per cent of the total floor area of the unit to which they are appurtenant, attic areas with head room less than seven feet, covered rooftop areas, and rooftop machinery equipment rooms and elevator housings on the top of buildings; "Floor area ratio" or "(FAR)" means the ratio of floor area to land area expressed as a per cent or decimal which UNOFFICIAL COMPILATION June 2005 22-6 shall be determined by dividing the total floor area on a development lot by the lot area of that development lot; "Ground elevation" means the finished grade of a sidewalk adjacent to any front yard property line or the adjacent street right-of-way line if no sidewalk exists; "Hawaii capital district" means a special district established by Article 7 of the land use ordinance; "Kakaako community development district plan", "Kakaako community development plan", or "Kakaako plan", means the development plans referred to as the "mauka area plan" and the "makai area plan"; "Kakaako special design district ordinance" means Ordinance No. 80-58, as amended by Ordinance No. 81-8, of the city and county of Honolulu; "Lanai" or "balcony" means an accessory area to a dwelling or lodging unit, 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, and is accessible solely from the dwelling or lodging unit to which it is appurtenant; "Land use ordinance" or "LUO" means the Land Use Ordinance adopted by Ordinance No. 86-96 of the city and county of Honolulu; "Land use zone" means any zone delineated on the land use plan map of the mauka area plan; "Lot" means a duly recorded parcel of land which can be used, developed or built upon as a unit; "Makai area" means that portion of the Kakaako community development district, established by section 206E-32, HRS, which is bounded by Ala Moana Boulevard, inclusive from Punchbowl Street to Piikoi Street, from Piikoi Street to its intersection with the Ewa boundary of Ala Moana Park also identified as the Ewa boundary of tax map key 2-3-37: 01; the Ewa boundary of tax map key 2-3-37: 01 from its intersection with Ala Moana Boulevard to the shoreline; the shoreline from its intersection with the property line representing the Ewa boundary of property identified by tax map key 2-3-37: 01 to the property line between Pier 2 and Pier 4 from its intersection with the shoreline to Ala Moana Boulevard; and Ala Moana Boulevard from its intersection with the property line between lands identified by Pier 2 and Pier 4 to Punchbowl Street. The makai area also includes that parcel of land identified by tax map key 2-1-14: 16, situated mauka of Piers 6 and 7 and makai of Nimitz Highway, being the site for the existing Hawaiian Electric power plant and related facilities; UNOFFICIAL COMPILATION June 2005 22-7 "Makai area plan" means the development plan for the makai area of the Kakaako community development district adopted on September 29, 1998; "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 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, and August 3, 1999; "Median income" means the median annual income, adjusted for family size, for households in the city and county of Honolulu as most recently established by the United States Department of Housing and Urban Development for the Section 8 Housing Assistance Payments Program. "MUZ" means a mixed-use zone in which activities from two or more of the categories of residential, commercial and industrial uses are permitted or may be required; "Nonconforming use" means an activity using land, buildings, signs, or structures for purposes which were legally established prior to February 27, 1982 but would not be permitted as a new use in any of the land use zones established by this chapter; "Nursing facilities" means skilled nursing or intermediate care facilities (generally defined in Section 11-94-2 of the Hawaii administrative rules) and may include assisted living administration functions and ancillary assisted living amenities; "Open space" means noncontiguous, unbuilt and unobstructed spaces at grade between and adjacent to public and private structures; "Open space areas" mean noncontiguous, unbuilt and unobstructed spaces between and adjacent to public and private structures which may be at grade or on upper levels; "Open space systems" mean continuous networks of open space that result from public rights-of-way, view corridors, building setback areas, parks and private open spaces; "Platforms" mean those parts of mixed-use developments limited to forty-five feet in height. The platforms may UNOFFICIAL COMPILATION June 2005 22-8 contain extensive parking areas as well as other permitted uses; "Preservation" means keeping a particular property in its present condition. The property may already be in a restored or rehabilitated condition; "Protection" means undertaking actions or applying measures which will prevent the property from deterioration or loss or which will keep it from being destroyed or abused; "Public improvement" means any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide public needs as: vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services; "Public project" means any project or activity of any county or agency of the state conducted to fulfill a governmental function for public benefit and in accordance with public policy; "Reconstruction" means the reproduction by new construction of a building, structure, object or parts thereof as it originally appeared; "Reflective surface" means any glass or other surface, such as polished metal, specified in the manufacturer's literature having reflectance (designated by such terminology as average daylight reflectance, visible light reflectance, visible outdoor reflectance, and comparable terms) of over thirty per cent; "Rehabilitation" means returning a property to a useful state, thus allowing it to be used while preserving those portions or features considered historically, architecturally, or culturally significant; "Restoration" means recovering accurately the authentic form and details of a property, or a structure and its setting, usually by renovating a later work, or replacing missing earlier work; and "Tower" means a single building form which may be situated above or abutting the platform. [Eff 9/8/86, am and comp 1/28/88, am 7/28/88, am and comp 2/24/90, am 12/15/94, am 8/4/95, am 1/25/97, am 8/1/97, am 1/13/00] (Auth: HRS §§206E-2, 206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-2, 206E-4, 206E-5, 206E-7) Historical note: §15-22-5 is based substantially upon §15-17-5 [Eff 2/27/82; am 1/21/83; am 5/11/85; am 3/29/86; R 9/8/86] and §15-17-201 [Eff 10/10/83; am 3/29/86; R 9/8/86] UNOFFICIAL COMPILATION June 2005 22-9