HAR §15-22-64. Open space

(a) Open space is that portion of a development lot, exclusive of required yards, setback areas, or parking areas, which is: (1) Open and unobstructed overhead; (2) Landscaped or maintained as a recreational or social facility; and (3) Not to be used for driveways, loading purposes or storage, or for the parking of vehicles. (b) Berms, landforms, or underground structures covered with landscape treatment including artificial turf, shall be considered as part of the required open space, provided that any open space shall not exceed four feet from the sidewalk elevation. (c) For any development lot within any land use zone: (1) The minimum amount of open space shall be the lower of: (A) Ten per cent of the lot area; or UNOFFICIAL COMPILATION June 2005 22-49 (B) Twenty-five per cent of the lot area less required yard areas. (2) Up to twenty-five per cent of the minimum required open space may include an adjacent front yard provided that the open space is: (A) Entirely in one location; (B) Publicly accessible or visible from an adjacent street; and (C) Proportioned to a maximum length-to-width of 2:1. (d) Notwithstanding subsection (c), the following shall establish the minimum open space: (1) Within the area bounded by Punchbowl Street, King Street, South Street and Pohukaina Street, the minimum amount of open space shall be as set forth in subsection (c)(1)(B). (2) Base zone developments required to provide more than one adjacent front yard setback shall not be required to provide open space. (3) Within the area designated as MUZ-RA, base zone developments for detached dwellings and duplex units shall not be required to provide open space. (4) Open space requirements for base zone developments on lots of 20,000 square feet or less shall be according to the following table. For lot areas between 10,000 and 20,000 square feet, the minimum open space is proportional to the parameters of the lots enumerated in the following table: Lot Area Minimum Open Space (square feet) (Per cent of lot area) 20,000 10 15,000 5 10,000 or less 0 [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 1/25/97] (Auth: HRS §§206E 4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E 7) Historical note: §15-22-64 is based substantially upon §§15 17-35, 15-17-55, and 15-17-75. [Eff 2/27/82; am 1/21/83; R 9/8/86] UNOFFICIAL COMPILATION June 2005 22-50