HAR §15-22-63. Yards; general

(a) Yard widths shall be measured perpendicular to lot lines, except that front yards shall be measured perpendicular to the street right-of-way or the established street setback line, whichever is the greater distance from the street center line. (b) All required yards shall be landscaped. (c) Front yard uses for commercial activities including cafes, bistros, and restaurants shall be allowed on any required front yard. These uses may occupy up to fifty per cent of the lot frontage. Front yard areas not used for these purposes shall be maintained in accordance with applicable rules. (d) Permitted uses within all front yards are as follows: (1) Outdoor dining areas which are covered with umbrellas, awnings or trellises but remain open on the sides during business hours; (2) Public utility poles, and backflow preventers; (3) Customary yard accessories; (4) Dispensers for newspaper sales and distribution; (5) Fences and retaining walls as provided in subsections (e) and (f) below; (6) Public utility facilities not exceeding six feet in height from existing grade and screened with landscaping; (7) Bus stop shelters; (8) Bicycle parking, including a fixed bicycle rack for parking and locking bicycles; and (9) Other structures not more than thirty inches in height. (e) Retaining walls containing a fill within required yards shall not exceed a height of six feet, provided that UNOFFICIAL COMPILATION June 2005 22-46 retaining walls within required front yards shall not exceed a height of thirty inches. A safety railing or fence may be erected on top of the retaining wall. The safety railing shall not be capable of retaining earth or exceed forty-two inches above the finish grade of the fill on the inside of the retaining wall. The executive director may allow modification of the maximum height on a finding that additional height is necessary because of safety or topography. In granting the additional height, the executive director may impose reasonable conditions. Walls and fences may project into or enclose any part of any yard except a required front yard; provided that the fence or wall shall not exceed a height of six feet, except that walls and fences constructed by public agencies or public utilities may be topped with security wire to a height of ten feet. (f) A retaining wall which protects a cut below the existing grade may be constructed within a yard. A safety railing or fence, not to exceed forty-two inches in height and not capable of retaining earth, may be constructed on top of the retaining wall. (g) Except as specifically provided otherwise, roof overhangs, eaves, sunshades, sills, frames, beam ends, projecting courses, planters, awnings, and other architectural embellishments or appendages with less than a thirty-inch vertical thickness may project no more than four feet into the required distance of a yard or setback. Exterior balconies, lanais, portes-cochere, arcades, pergolas, or covered passageways are not permitted within required yards or setbacks. (h) Parking and loading including any related maneuvering area or aisle shall not be allowed in any required yard or street setback area, except for the following: (1) In MUZ-RA zones, base zone developments for detached dwellings and duplex units may have parking in front and side yards. (2) In the central Kakaako service business precinct, base zone developments may have parking spaces that overlap required side yards by three feet if wheel stops are installed; and (3) In base zone developments other than (1) and (2) above, parking spaces may overlap required front and side yards by three feet if wheel stops are installed. [Eff 9/8/86, comp 1/28/88, comp 2/24/90, am 12/15/94, am 1/25/97, am 1/13/00] UNOFFICIAL COMPILATION June 2005 22-47 (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-63 is based substantially upon §§15-17-32, 15-17-52, 15-17-72, and 15-17-143. [Eff 2/27/82; am 1/21/83; R 9/8/86] §15-22-63.1 Front yards. (a) Except as provided herein, the minimum front yard for each development lot shall be fifteen feet. Every yard bounded by a street shall be a front yard except as provided herein. (b) For development lots with frontage on Punchbowl Street, King Street or South Street within the area bounded by Punchbowl Street, King Street, South Street and Pohukaina Street, the minimum front yard shall be twenty feet. (c) For development lots with frontage on King Street and between Pensacola and Piikoi Streets proposed for improvements to nonconforming property or for base zone development the minimum front yards along King, Piikoi and Pensacola Streets shall be five feet. (d) For base zone developments within the central Kakaako service business precinct, the boundaries for which are set forth in the exhibit entitled "Central Kakaako Service Business Precinct", dated August 1994, at the end of this chapter, the minimum front yard shall be five feet. (e) For improvements to nonconforming properties and for base zone developments of detached dwellings, duplex units, or commercial uses on lands designated MUZ-RA, front yards shall be ten feet in depth. For development lots bounded by more than one street, the owner may designate a single yard as a front yard. [Eff 12/15/94, am 12/2/95] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)