HAR §15-23-5. 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: "Arcade" means a protected walkway that 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; §15-23-5 23-8 "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; "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; "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, attic areas with headroom less than seven feet, passageways, arcades, covered rooftop areas, and rooftop machinery equipment rooms and elevator housings on the top of buildings; §15-23-5 23-9 "Floor area ratio" or "FAR" means the ratio of floor area to land area expressed as a per cent or decimal which 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 existing grade of a sidewalk adjacent to any front yard property line or the adjacent street right-of-way line if no sidewalk exists; "Ground floor windows" means windows extending over at least fifty per cent of the length and twenty- five per cent of the area of ground elevation walls. Ground elevation walls include all exterior wall areas up to nine feet above the ground floor that abut front yards. Ground floor windows must be either windows that allow views into working areas or lobbies, pedestrian entrances, or display windows. "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 of the city and county of Honolulu, as amended; "Land use ordinance" or "LUO" means 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 makai 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 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 §15-23-5 23-10 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; "Makai area design guidelines" means the design guidelines for the makai area adopted on February 2, 2002; "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 December 9, 2002 and November 3, 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 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 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, and January 9, 2002; "Mixed use" means the combination of more than one land use within a development project or area; "MUZ" means a mixed-use zone where commercial, residential, and community service uses are permitted; "MUZ-I" means a mixed-use zone where waterfront industrial and commercial uses are permitted; §15-23-5 23-11 "Nonconforming use" means an activity using land, buildings, signs, or structures for purposes which were legally established within the makai area prior to but would not be permitted as a new use in any of the land use zones established by this chapter; "Open space" means noncontiguous, unbuilt and unobstructed spaces at ground elevation between and adjacent to public and private structures; "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; "Passageway" means a ground floor, cross-block pedestrianway that facilitates pedestrian movement, is open to the public, and has a minimum clear width of thirty feet and minimum clear height of twelve feet. To qualify, a passageway shall also be open to the sky for at least twenty-five per cent of its area, and all openings to the sky must not be less than twelve feet in any dimension. Passageways must link active use areas, such as lobbies, courtyards, retail shops, and drop-offs. Passageways are exempt from parking, loading, and public facilities fee requirements. "Platforms" mean a building form providing a base for tower structures. The platforms may 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; §15-23-5 23-12 "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; "Tower" means a single building form which may be situated above or abutting a platform; and "Tower footprint" means the largest area of a single floor of a building above sixty-five feet in height as measured from its exterior faces or edges. [Eff 2/24/90; am 1/7/91; am 2/22/93; am and comp 10/10/98; am 1/13/00; am and comp 2/2/02; am and comp 12/9/02; am and comp 11/3/05] (Auth: HRS §§206E-2, 206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-2, 206E-4, 206E-5, 206E-7)