Definitions for zoning rules

(a) Building construction and development terms that are not defined in this chapter shall be given their respective definitions as found in the County construction code, including chapters 5 and 5A through 5F. (b) The following words and phrases, unless the context otherwise requires, are defined as follows: “Accessory building” means a building, no more than twenty feet in height, detached from and subordinate to a main building or main use on the same building site and used for the purposes customarily incidental to those of the main building or use. “Accessory dwelling unit” means a structure or portion thereof designed and used for single-family residential purposes and which can be detached from or attached to an existing residence, to be used for single-family occupancy and containing one kitchen. “Accessory use” means a use which is customarily associated with and subordinate to the main or principal use and which is located on the same building site as the main or principal use. “Adult day care home” means a private residence, approved by the state, providing supportive and protective care, without overnight accommodations, to a limited number of adult disabled or aged persons. The term shall not include day care centers for elderly, disabled and aged persons as defined by chapter 346, part IV, Hawai‘i Revised Statutes, as amended. “Agricultural activities” means income producing activities or uses as characterized by the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage, and timber; and farming or ranching activities or uses related to animal husbandry, aquaculture, or game and fish propagation. “Agricultural products processing, major” means activities involving a variety of operations on crops or livestock which may generate dust, noise, odors, pollutants or visual impacts that could adversely affect adjacent properties. These uses include, but are not limited to, slaughterhouses, mills, refineries, canneries and milk processing plants. “Agricultural products processing, minor” means activities used for crop production, which are not regulated as major agricultural products processing and which involve a variety of operations on crops after harvest to prepare them for market, or further processing and packaging at a distance from the agricultural area. Included activities are cleaning, milling, pulping, drying, roasting, hulling, storing, packing, honey processing, poi-making, selling and other similar activities. Also included are the facilities or buildings related to such activities. “Agricultural tourism” means visitor-related commercial activities or periodic special events designed to promote agricultural activities conducted on a working farm, ranch, or agricultural products processing facility. “Alley” means a narrow street through a block primarily for access by service vehicles to the back or side of properties fronting on another street. SUPP. 17 (1-2025) 25-2 ZONING § 25-1-5 “Alternating current Level 2 charging station,” commonly referred to as “Level 2 charging station,” means an electric vehicle charging system that utilizes alternating current electricity providing at least six kilowatts per plug and means a system that: (1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles; (2) Meets recognized standards and protocols including, but not limited to, Society of Automotive Engineers (SAE) J1772™ of SAE International and Tesla protocol; and (3) Is designed and installed in compliance with chapter 5D of the Hawai‘i County Code. “Amusement and recreation facility, indoor” means an establishment providing indoor amusement or recreation. Typical uses include: martial arts studios; billiard and pool halls; electronic and coin-operated game rooms; bowling alleys; skating rinks; health and fitness establishments; indoor tennis, handball and racquetball courts; auditoriums; theaters; and indoor archery and shooting ranges. “Amusement and recreation facility, major outdoor” means a permanent facility providing outdoor amusement and entertainment, including theme and other types of amusement parks, stadiums, skateboard parks, go-cart and automobile race tracks, miniature golf and drive-in theaters. “Apartment house” means a multiple-family dwelling. “Apiary” means a site where one or more colonies of bees and beehives are kept and that are maintained in accordance with generally accepted apiary management practices pursuant to section 4-5-4 of this Code. “Aquaculture” means the production of aquatic plant or animal life for food or fiber within ponds and other bodies of water. “Authorized personnel” means a police officer or a person or persons authorized in writing by the director. “Automobile service station” means a retail establishment which primarily provides gasoline, automobile accessories and service, but not including tire recapping or regrooving, body work, straightening of frames or body parts, steam cleaning, painting, welding, or storage of automobiles, except for storage of vehicles for short periods pending repair or servicing on the site and pick-up by the owner. “Bed and breakfast establishment” means any single-family dwellings and/or guest houses (pursuant to section 25-4-9), which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. “Beginning of construction” means placing of construction materials in their permanent position, fastened in a permanent manner. “Building” means any structure used or intended for supporting or sheltering any use or occupancy. 25-3 SUPP. 17 (1-2025) “Building height” means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: (A) The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade. (B) An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in (A) above is more than ten feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. “Building line” means a line on a building site indicating the limit beyond which buildings or structures may not be erected. “Building site” means a parcel of land which is occupied or is to be occupied by a principal use and accessory uses or a building or group of buildings, and includes a lot and a plot. “Building site average width” means that figure obtained by dividing the total area of a building site by the maximum depth of the building site measured in the general direction of the side lines. “Business service” means an establishment which primarily provides goods and services to other business, including but not limited to minor job printing, duplicating, binding and photographic processing, office security, maintenance and custodial services, and office equipment and machinery sales, rentals and repair. “Care home” means a facility which is approved by the state pursuant to chapter 346, part IV or part VIII, Hawai‘i Revised Statutes, as amended, to provide living accommodations and general or rehabilitative care in homes with not more than one kitchen, to accommodate unrelated children or elderly, handicapped, or disabled adults. The term includes adult residential care homes, group child care homes and other facilities for children, elderly, handicapped, developmentally disabled and totally disabled. “Catering establishment” means an establishment primarily involved in the preparation and transfer of finished food products for immediate consumption upon delivery to off-premises destinations including, but not limited to, hotels, restaurants, airlines and social events. “City of Hilo” means all of that portion of the district of South Hilo, County of Hawai‘i, which is bounded on the south side by the district of Puna; bounded on the west side by the districts of Ka‘ū and North Hilo; on the north by the ahupua‘a of Paukaa in the district of South Hilo and on the east by the sea. “Commercial excavation” means any excavation or removal of natural materials for profit which is not related to or not occasioned by an impending development of the site of such excavation. “Commercial parking lot and garage” means any building or parking area designed or used for temporary parking of automotive vehicles, which is not accessory to another use on the same building site and within which no vehicles are repaired. SUPP. 13 (1-2023) 25-4 ZONING § 25-1-5 “Commission” means either the windward planning commission or the leeward planning commission, or both acting as a joint commission, as provided for in the Charter. “Conforming” means in compliance with the regulations of the pertinent zoning district. “Convenience store” means a small retail establishment intended to serve the daily or frequent needs of the surrounding neighborhood population by offering for sale pre- packaged food products, household items, newspapers and magazines, and freshly prepared foods. “Council” means the County council. “County environmental report” means an informational document in a form prescribed by the director in accordance with rules adopted pursuant to chapter 91, Hawai‘i Revised Statutes. The County environmental report shall contain a description of the physical, social, historical, economic, and natural resource consequences of a proposed action, including but not limited to a discussion of alternatives to the proposed action, any environmental effects which cannot be avoided should the proposal be implemented, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, any irreversible and irretrievable commitments of natural resources which would be involved in the proposed action, and an analysis of the proposed action. The term “County environmental report” does not include a State environmental impact statement prepared in compliance with chapter 343, Hawai‘i Revised Statutes. Copies of the County environmental report shall be available to the public for inspection and written comment. Public comments on the document shall be made a part of the record of the application under consideration by the director, and made available to the council. “Co-working and innovation hub” means an establishment where office space, supplies, amenities, and other related services are shared among multiple businesses or individuals. “Creative media space” means a facility used for the production of creative media, including film, television, graphic design, website development, video games, and other digital content, or for the instruction of skills, techniques, methods, and processes used therein. Creative media spaces typically include, but need not have, a sound stage, audiovisual recording and editing equipment, and office space. “Crematorium” means a business that contains a crematory or a place to incinerate a decedent. It may also contain a morgue or funeral home, and may provide funeral services. “Crop production” means agricultural and horticultural uses, including, but not limited to, production of grains, field crops, vegetables, fruits, tree nuts, flower fields and seed production, ornamental crops, tree and sod farms. “Cultural enterprise” means an establishment primarily involved in the creation, display, and sale of arts, crafts, music, performances, activities, and educational experiences related to the cultural heritage of Hawai‘i. UNOFFICIAL ADVANCE SHEET – Updated on August 5, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. “Day care center” means a facility which is licensed or approved by the State, pursuant to chapter 346, part IV or part VIII, Hawai‘i Revised Statutes, as amended, where persons who are not members of the family occupying the premises are cared for without overnight accommodations. This term includes day nurseries, preschools, and kindergartens which are not licensed by the State department of education and adult day care centers. “Data processing facility” means an establishment primarily involved in the compiling, storage and maintenance of documents, records and other types of information in digital form utilizing a mainframe computer. This term does not include general business offices, computer-related sales establishments, and business or personal services. “De minimis structure position discrepancy” means a difference between the distance from a property boundary required by the zoning code for a yard or open space and the actual distance, of not more than the following: (a) For property zoned Multiple-Family Residential (RM), Residential-Commercial Mixed Use (RCX), Resort-Hotel (V), Neighborhood Commercial (CN), General Commercial (CG), Village Commercial (CV), Industrial-Commercial Mixed (MCX), Limited Industrial (ML), General Industrial (MG), Downtown Hilo Commercial (CDH), or within a Planned Unit Development (PUD), Cluster Plan Development (CPD), or Project District (PD): 0.25 feet; (b) For property zoned Single-Family Residential (RS) or Double-Family Residential (RD): 0.5 feet; (c) For property zoned Residential and Agricultural (RA), Family Agricultural (FA), Agricultural (A), Intensive Agricultural (IA), or Agricultural Project District (APD): 0.75 feet. “Density” means the number of dwelling units or rentable units for a particular unit of gross land area. “Direct current fast charger” means an electric vehicle charger that: (1) Utilizes direct current electricity providing at least fifty kilowatts or greater; (2) Is network-capable; (3) Meets recognized standards and protocols, including but not limited to SAE Combined Charging System, Tesla protocol, and CHAdeMO protocol; (4) Is safety certified by a nationally recognized testing laboratory; (5) Is designed and installed in compliance with chapter 5D of the Hawai‘i County Code; and (6) Contains ports to support at least two industry standard charging protocols for more equitable distribution and access to charging. “Director” means the director of the planning department. “Duplex” and “double-family dwelling” means a building containing only two dwelling units. “Dwelling” means a building or part thereof designed for or used for residential occupancy or both and containing one or more dwelling units, and includes double- family dwelling or duplex, mobile dwelling, multiple-family dwelling and single-family dwelling. UNOFFICIAL ADVANCE SHEET – Updated on August 5, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. ZONING § 25-1-5 “Dwelling unit” means one or more rooms designed for or containing or used as the complete facilities for the cooking, sleeping and living area of a single-family only and occupied by no more than one family and containing a single kitchen. “Electric vehicle” means: (1) A neighborhood electric vehicle as defined in this section; (2) A vehicle, with four or more wheels, that draws propulsion energy from a battery with at least four kilowatt hours of energy storage capacity that can be recharged from an external source of electricity; or (3) A fuel cell electric vehicle. Intentionally left blank. UNOFFICIAL ADVANCE SHEET – Updated on August 5, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. This page intentionally left blank. UNOFFICIAL ADVANCE SHEET – Updated on August 5, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. ZONING § 25-1-5 “Electric vehicle charging system” means a system that: (1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles; (2) Meets recognized standards, including standard SAE J1772 of SAE International; and (3) Is designed and installed in compliance with chapter 5D of the Hawai‘i County Code; provided that the term shall not include facilities or systems for refueling the hydrogen storage tank of a fuel cell electric vehicle. “Energy-saving device” means any facility, equipment, apparatus or the like which makes use of nonfossil fuel sources for lighting, heating or cooling or which reduces the use of other types of energy dependent on fossil fuel for generation. “Environmental impact statement” means an informational document prepared in compliance with chapter 343, Hawai‘i Revised Statutes, and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic and social welfare of the community and state, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects. “Erected” means constructed, reconstructed, altered, placed, or moved. “Family” means an individual or two or more persons related by blood, state- sanctioned adoption, foster parentage, guardianship or marriage, or a group of not more than five unrelated persons (excluding servants), occupying a dwelling unit. “Family child care home” means a private residence licensed or approved by the state pursuant to chapter 346, part VIII, Hawai‘i Revised Statutes, as amended, at which care or the responsibility for the supervision, development, safety and protection is provided for a limited number of children, who are living in the residence apart from the parent or guardian. “Farm” means land used for the purpose of agricultural, livestock, poultry, or aquatic production. “Farm dwelling” means a single-family dwelling located on or used in connection with a farm, or if the agricultural activity provides income to the family occupying the dwelling. “Farmers market” means an area, open or partially enclosed, at which vendors gather to sell personal property. The activity may also be referred to as an “open or open air market.” “Flag lot” means a building site consisting of an access drive and a body in such a manner that the body would be landlocked from a public street or private way except for connection by the access drive. “Floor area, gross” means the total area of all floors of a building including a basement measured along the exterior walls of such building. “Floor area, net” means the total gross floor area of all buildings occupying a building site exclusive of floor area permanently allocated for parking or loading spaces. “Food manufacturing and processing facility” means an establishment primarily involved in the manufacture and processing of food products, other than an animal products processing establishment. Typical activities include, but are not necessarily limited to, noodle factories, and coffee grinding. 25-7 SUPP. 13 (1-2023) “Frontage” means that portion of a building site which abuts a road, street, or highway. “Fuel cell electric vehicle” means a zero-emission electric vehicle that uses a fuel cell to convert hydrogen gas and oxygen into electricity that is used in a vehicle powertrain for propulsion. “Funeral home” or “funeral parlor” means a business establishment where the bodies of the dead are prepared for burial or cremation and religious or memorial services can be held. “Funeral services” means an assortment of services provided by mortuaries, crematoriums, and funeral homes that may provide for: the sale of pre-death final expenses insurance, sale of caskets or closed containers for cremains, coordination for burials of caskets and cremains, embalming, viewings, storage and transportation of the decedent or cremains, funeral planning, religious or memorial services, and completion of death certificates and other legal documents. “Future width lines” means lines established on the zoning map, for purposes of future widening of an existing street and establishing the front property line of an affected building site. The area within these lines or between a future width line and an existing street right-of-way line, shall be deemed to be a street right-of-way, and cannot be considered in computing the minimum yard required on any building site. “Group living facility” means a 24-hour residential facility licensed or certified, and monitored by the State of Hawai‘i’s Department of Health (DOH) or Department of Human Services (DHS), for persons covered under the Fair Housing Act, as amended, containing between six and eight unrelated adults and/or children, plus unrelated home operator or staff who shall not be included in the resident count. (a) The purpose of this definition is to provide housing to protected and targeted populations that require therapeutic, medicinal, life skills training, or other support systems. These facilities shall be integrated into a variety of neighborhoods while maintaining the integrity and character of the neighborhood(s), to promote a non-institutional environment and provide the maximum therapeutic and beneficial value to residents of a group living facility. (b) Unless a use permit or special permit is obtained: (1) A group living facility shall have no more than eight residents; (2) Only one group living facility per tax map key parcel; (3) No other such licensed or certified dwelling shall be located within 500 feet of the perimeter of any tax map key parcel containing any other group living facility, with the exception of an adult residential care home or an intermediate care facility/mental retardation community (ICF/MR-C). (c) A group living facility in existence on the effective date of this ordinance may continue in operation despite non-compliance with the criteria contained in the definition of “group living facility” for a maximum of 15 months from the effective date of this ordinance to allow the group living facility to come into compliance with said criteria or to obtain a use permit or special permit. “Guest house” means an accessory building used as sleeping quarters for guests of the occupants of the main dwelling and having no cooking facilities. SUPP. 13 (1-2023) 25-8 ZONING § 25-1-5 “Guest ranch” means an establishment with its surrounding land which offers recreational facilities for activities such as riding, swimming and hiking, and living accommodations. “Home improvement center” means a single establishment primarily involved in providing a large variety of goods and services directly associated with building and home improvements. “Home occupation” means any activity intended to provide income that is carried on within a dwelling, within an accessory structure to a dwelling, or on a portion of a building site used principally for dwelling purposes. “Hospital” means an institution in which patients or injured persons are given medical or surgical care, and unless otherwise modified, the term is limited to the care of persons only. “Hotel” means a building or group of buildings containing six or more rooms or suites which provides transient lodging accommodations, meals, entertainment, and various personal services for compensation, whether such establishment is called a hotel, motel, motor hotel, motor lodge, inn, or otherwise. “Household hennery” means an outdoor site on a parcel or lot that is an accessory use to a dwelling where female chickens, ducks, guinea hens, and quails are kept, raised, and maintained for the non-commercial production and consumption of eggs. “Junkyard” means an outdoor or partially enclosed area, more than two hundred square feet in size, used for storage or keeping of junk, scrap, or nonhazardous waste materials, or for dismantling or wrecking vehicles or machinery or for storage of parts resulting therefrom. “Kennel” means a commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation. The term includes animal quarantine stations. “Kitchen” means a room or a portion of a room designed to be used for the preparation of food and containing at least one item from both of the following categories: (A) Fixtures, appliances or devices for heating or cooking food; and (B) Fixtures, appliances or devices for washing utensils used for dining and food preparation and/or for washing and preparing food. “Land use” means use of land, building use and use of any building. “Livestock” means all animals generally associated with farming, which are raised or kept for food and other agricultural purposes. Such animals include: swine; cattle; horses; goats; sheep; chickens, ducks, geese, turkey, and other poultry; rabbits; and bees. “Livestock production” means a distinct agricultural operation or establishment which keeps, feeds, or raises livestock for commercial purposes and as a principal land use. These include piggeries, dairies, dairy and beef cattle ranching, feedlots, chicken, turkey and other poultry farms, rabbit farms, apiaries and aviaries. “Lodge” means a building or group of buildings, under single management, containing transient lodging accommodations without individual kitchen facilities, and no more than forty guest rooms or suites, and generally located in agricultural, rural or other less populated areas. 25-9 SUPP. 19 (1-2026) “Lot” means a building site or a parcel of land shown as a unit on an approved subdivision map, or a survey map. “Lot line” means any boundary of a building site or property line, and includes: (A) “Interior lot line” which is any lot line other than the street frontage. (B) “Rear lot line” which is the lot line that is generally opposite the street frontage. “Lot width” means that figure obtained by dividing the total area of a building site by the maximum depth of the building site measured in the general direction of the side lines. “Main building” means a building in which is conducted a principal or main use on the building site on which it is situated. “Manufacturing, processing and packaging, general” means activities which are the main purpose of establishments primarily involved in the manufacture, processing, assembly, fabrication, refinement, alteration and/or other end products suitable for sale or trade. General manufacturing, processing and packaging establishments are those involving significant mechanical and chemical processes, large amounts of metal transfer, or extended shift operations. Typical activities include, but are not limited to: paper and textile milling; wood millwork and the production of prefabricated structural wood products; the manufacture of soaps and detergents; rubber processing and the manufacture of rubber products; the production of plastics and other synthetic materials; primary metals processes; the manufacture of vehicles; machinery and fabricated metal products; electroplating; cement making and the production of concrete; gypsum and related products; the production of chemical products; perfumes and pharmaceuticals; and the production of paving and roofing materials. General manufacturing does not include those activities associated with petroleum processing; the manufacture of explosives and toxic chemicals; waste disposal and processing; and/or the processing of salvage, scrap and junk materials. “Manufacturing, processing and packaging, light” means activities which are the main purpose of establishments primarily involved in the manufacture, processing, assembly, fabrication, refinement, alteration and/or other end products suitable for sale or trade. Light manufacturing, processing and packaging establishments involve activities which are non-offensive to adjacent uses; involve no open storage or other types of outdoor accessory uses other than parking and loading; do not involve processes which generate significant levels of heat, noise, odors and/or particulates; and do not involve chemicals or other substances which pose a threat to health and safety. Typical activities include, but are not limited to, the production of handcrafted goods, electronics-intensive equipment, components related to instrumentation and measuring devices, bio-medical and telecommunications technologies, computer parts and software, optical and photographic equipment, and other manufacturing, processing and packaging uses meeting the criteria prescribed herein. “Medical clinic” means an office building or group of offices for persons engaged in the practice of a medical or dental profession or occupation. A medical clinic does not have beds for overnight care of patients but can involve the treatment of outpatients. A “medical profession or occupation” is any activity involving the diagnosis, cure, treatment, mitigation or prevention of disease or which affects any bodily function. This includes massage, acupuncture, chiropractic, and other similar health service facilities. SUPP. 19 (1-2026) 25-10 ZONING § 25-1-5 “Meeting facility” means a new or existing facility or building site that is used for recreational, social, or multipurpose use, and may include a kitchen but has no public commercial transient accommodations. Typical uses include private clubs, union halls, cultural, community and association centers, religious facilities such as places of worship, and student centers. This does not include schools. “Mobile dwelling” means a structure or vehicle containing one or more dwelling units designed so as to be transportable either by being carried or towed or under its own power, whether or not the wheels, skids or other devices for transportability are actually in place. “Mortuary” means a business used to prepare a decedent before burial or cremation. It may also contain a morgue, funeral home, or crematory, and may provide funeral services. “Multiple-family dwelling” means a building containing more than two dwelling units. “Neighborhood electric vehicle” means a self-propelled electrically powered motor vehicle to which all of the following apply: (1) The vehicle is emission free; (2) The vehicle is designed to be and is operated at speeds of twenty-five miles per hour or less; (3) The vehicle has four wheels in contact with the ground; (4) The vehicle has a gross vehicle weight rating of less than three thousand pounds; and (5) The vehicle conforms to the minimum safety equipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. 500, Low Speed Vehicles (49 C.F.R. 571.500).” “Networked” refers to electric vehicle charging systems that are able to connect to the internet. “Nonconforming building or parcel” means a building or parcel lawfully in existence on September 21, 1966 or on the date of any amendment to this chapter, but which does not comply with the regulations for the zoning district in which it is located. “Nonconforming use” means a use lawfully in existence on September 21, 1966 or on the date of any amendment to this chapter, but which does not conform to the regulations for the zoning district in which it is located. “Pedestrian way” means a public right-of-way through a block between lots for pedestrian traffic, which may also be used as a utility easement and which has a maximum width of twenty feet. “Personal services establishment” means an establishment which offers specialized goods and services purchased frequently by the consumer. Included are barbershops, beauty shops, garment repair, laundry cleaning, pressing, dyeing, tailoring, shoe repair and other similar establishments. “Piggery” means any parcel or premises where five or more weaned hogs are maintained. 25-11 SUPP. 19 (1-2026) “Place of public accommodation” means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the general public as customers, clients, or visitors. By way of example, but not of limitation, place of public accommodation includes facilities of the following types: (1) A facility providing services relating to travel or transportation; (2) An inn, hotel, motel, or other establishment that provides lodging to transient guests; (3) A restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises of a retail establishment; (4) A shopping center or any establishment that sells goods or services at retail; (5) An establishment licensed under chapter 281, Hawai‘i Revised Statutes, doing business under a class 4, 5, 7, 8, 9, 10, 11, or 12 license, as defined in section 281-31, Hawai‘i Revised Statutes; (6) A motion picture theater, other theater, auditorium, convention center, lecture hall, concert hall, sports arena, stadium, or other place of exhibition or entertainment; (7) A barber shop, beauty shop, bathhouse, swimming pool, gymnasium, reducing or massage salon, or other establishment conducted to serve the health, appearance, or physical condition of persons; (8) A park, a campsite, or trailer facility, or other recreation facility; (9) A comfort station; or a dispensary, clinic, hospital, convalescent home, or other institution for the infirm; (10) A professional office of a health care provider, as defined in section 323D-2, Hawai‘i Revised Statutes, or other similar service establishment; (11) A mortuary or undertaking establishment; and (12) An establishment that is physically located within the premises of an establishment otherwise covered by this definition, or within the premises of which is physically located a covered establishment, and which holds itself out as serving patrons of the covered establishment. “Plan approval” means the review and approval of plans for new structures and additions to existing structures, and certain uses in specified zoning districts in order to assure that the intent and purpose of this chapter are carried out. “Plan lines for future streets” means lines established on the zoning map for the purpose of future street construction and establishing the front property line of the affected building site. The area within these lines shall be deemed to be the street right- of-way, and cannot be considered in computing the minimum yard required on any building site. “Plug” means an accessory to an electric vehicle charging system capable of charging a single electric vehicle and compatible with alternating current Level 2 charging stations or direct current fast charger protocols. SUPP. 13 (1-2023) 25-12 ZONING § 25-1-5 “Primary airport” means a publicly owned airport that has more than 10,000 passenger boardings each calendar year, as defined by the Federal Aviation Administration (FAA). Standard accessory uses for Primary Airports include, but are not limited to, retail establishments for shopping including duty-free shops, dining establishments that may be consolidated in food courts, automobile rentals, service businesses, offices, conference centers and hotels. The accessory uses must be located on publicly owned lands and support airport operations. “Public use,” “public building” and “public structure” mean a use conducted by or a structure or building owned or managed by the federal government, the State of Hawai‘i or the County to fulfill a governmental function, activity or service for public benefit and in accordance with public policy. Excluded are uses which are not purely a function, activity or service of government and structures leased by government to private entrepreneurs or to nonprofit organizations. “Reachable” means being able to: (1) Respond via telephone to a request from a guest, neighbor, or County agency within one hour of receiving that request; and (2) Be physically present at the short-term vacation rental within three hours of receiving a call from a guest, neighbor, or County agency, when that guest, neighbor, or County agency requests the presence of the reachable person. “Recycling center” means an establishment on a building site, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products. A recycling collection point or an area which serves only as a drop-off point for temporary storage of recyclables shall not be considered a recycling center. “Rentable unit” means a separate room or rooms for sleeping accommodations let, rented, or leased as a unit by the room or suite, except that in the case of sleeping accommodations let or rented by the bed, a rentable unit shall be two beds. “Repair establishment, major” means an establishment which primarily provides restoration, reconstruction and general mending and repair services, and which includes any repair activities which are likely to have some impact on the environment and adjacent land uses by virtue of their appearance, noise, size, traffic generation or operational characteristics. Major repair establishments include, but are not limited to: (A) Blacksmith. (B) Boat cleaning and repair. (C) Electrical, gasoline and diesel motor repair and rebuilding. (D) Furniture repair. (E) Industrial machinery and heavy equipment repair. (F) Vehicular repair, including repair of body and fender, and straightening of frame and body parts. “Repair establishment, minor” means an establishment which primarily provides restoration, reconstruction and general mending and repair services, and which includes those repair activities which have little or no impact on surrounding land uses and can be compatibly located with other businesses. Minor repair establishments include, but are not limited to: 25-13 SUPP. 13 (1-2023) (A) Automobile repair, including auto painting and motorized bicycle repair, provided all repair work is performed within an enclosed structure and does not include repair of body and fender, and straightening of frame and body parts. (B) Eyeglasses, hearing aids and prosthetic devices, production and repair. (C) Furniture upholstery. (D) Garment repair. (E) General repair shop. (F) Non-motorized bicycle repair. (G) Radio, television and other household appliance and equipment repair, except for those appliances with gasoline engines. (H) Shoe repair. (I) Watch, clock and jewelry repair. “Resort area” means an area with facilities to accommodate the needs and desires primarily of visitors, tourists and transient guests. “Restaurant” means an establishment which is regularly and in a bona fide manner used and kept open for the serving of meals to patrons for compensation and which has suitable kitchen facilities connected with the establishment, containing the necessary equipment and supplies for cooking an assortment of foods which may be required for ordinary meals. Additionally, at least thirty percent of the establishment’s gross revenue must derive from the sale of foods. “Retail establishment” means an establishment which sells commodities or goods to the consumer and may include display rooms and incidental manufacturing of goods for retail sale on premises only. Typical retail establishments include convenience stores, grocery and specialty food stores, general department stores, drug and pharmaceutical stores, hardware stores, pet shops, appliance and apparel stores, tour, travel and ticket agencies and other similar retail activities. The term does not include open storage yards for new or used building materials, yards for scrap, salvage operations for storage or display of automobile parts, service stations, repair garages or veterinary clinics and hospitals. “School” means a place for teaching, demonstration, learning, or organized group instruction. Unless otherwise qualified, “school” means a place for primarily academic instruction equivalent to what is commonly known as pre-school, kindergarten, elementary school, intermediate school, high school, trade or vocational school, business school, college or a combination of any of them. “Self-storage facility” means a structure or structures, containing individual locker compartments which allow individuals access to store possessions in these compartments. Each locker or storage area is self-contained and can be secured. “Short-term vacation rental” means a dwelling unit of which the owner or operator does not reside on the building site, that has no more than five bedrooms for rent on the building site, and is rented for a period of thirty consecutive days or less. This definition does not include the short-term use of an owner’s primary residence as defined under section 121 of the Internal Revenue Code. “Single-family dwelling” means a building containing only one dwelling unit. SUPP. 13 (1-2023) 25-14 ZONING § 25-1-5 “Special event” means a planned gathering or activity, typically requiring an invitation, registration, or ticket purchase, that exceeds the customary use of the property, including but not limited to commercial weddings and receptions, promotional functions, commercial concerts, and other large-scale or revenue-generating assemblies. “Street” means a right-of-way for vehicle purposes and pedestrian traffic, and the placement of utilities, or a private right-of-way for vehicular purposes, which provides access to building sites. “Street frontage” means that portion of a building site that has a common line with a street right-of-way line. The street frontage is designated as the front property line. “Structure” means anything above existing grade constructed or erected with a fixed location on the ground, or requiring a fixed location on the ground, or attached to something having or requiring a fixed location on the ground. The term “structure” includes the term “building.” “Surveyor” means a person duly registered as a professional land surveyor in the State. “Telecommunication antenna” means an antenna, repeater, equipment, wireless or broadband-related infrastructure, and other accessory structures used to transmit and receive radio frequency (RF) signals for communication purposes, including those intended for specific users who must have special equipment for transmission and/or reception. This definition: (1) Includes: (A) Broadcasting facilities, such as low power television stations, regulated by the Federal Communications Commission (FCC) under Title 47 of the Code of Federal Regulations, part 74; (B) Land-mobile or two-way radio, and one-way radio paging service broadcasting; and (C) Independent receiving facilities which do not qualify as accessory uses; and (2) Does not include: (A) Portable, handheld, and vehicular transceivers or radios; (B) Industrial, scientific, and medical equipment operating at frequencies designated for that purpose by the Federal Communications Commission (FCC); (C) Marketed consumer products, such as microwave ovens, citizens band radios, ham radios, or remote-controlled devices; (D) Facilities solely for the personal reception of these transmissions, such as radio and television appliances; (E) Small wireless facilities, as defined by the Hawaiʻi Revised Statutes, section 206N-1; and (F) Broadband services delivered through wireline technologies, such as digital subscriber line, cable, and fiber-to-the-premises. “Telecommunication tower” or “tower” means a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower, or other structure designed and primarily used to support telecommunication antennas and any related equipment, shelters, or cabinets necessary for the operation of the antennas. 25-14.1 SUPP. 19 (1-2026) “Theater” means a facility which is used primarily for the performing arts or for the viewing of motion picture films. Included are performing arts centers, concert halls and other types of live theaters. “Time share unit” means any multiple-family dwelling unit or hotel, which is owned, occupied or possessed, under an ownership and/or use agreement among various persons for less than a sixty-day period in any year for any occupant, and is regulated under the provisions of chapter 514E, Hawai‘i Revised Statutes, as amended. “University” means a nationally-accredited institution of higher learning, whether classified as a “university” or a “college” and whether public or private, including community colleges, providing facilities for teaching, research and group learning and authorized to grant academic degrees. “Use” means the purpose to which land or any structure or improvement thereon or both are or may be put. The word “use” is synonymous with terms “land use” and “use of land” unless the context clearly indicates otherwise. “Warehousing” means the storage of raw materials, finished products, merchandise and/or other goods, within a building for subsequent delivery, transfer and/or pickup. “Wholesaling and distribution” means the sale and/or distribution of manufactured and/or processed products, merchandise or other goods in large quantities for subsequent resale to retail establishments, and/or industrial, institutional and commercial users. “Yard” means an open space on the same building site with a building, which open space lies between the building and the bounding lot lines, and is unoccupied and unobstructed from the ground upward except for landscaping and except for fences, walls, architectural features, pools, porte cocheres, cornices, canopies, roof overhangs, eaves, porches, balconies, terraces, fire escapes, stairs, ramps and other similar features authorized under article 4, division 4 of this chapter, and includes: (A) “Front yard” which is a yard lying between the street line on which the building site fronts or the future width line or the plan line for future street and a line parallel thereto which runs through the point of the building nearest to said street line, future width line or plan line. The depth of said yard is the distance between the parallel lines. (B) “Rear yard” which is a yard lying between the rear lot line and a line parallel thereto extended to intersect the side lot lines, which line runs through the point of a main building nearest the rear lot line. The depth of said yard is the distance between the parallel lines. (C) “Side yard” which is a yard lying between the front yard, the rear yard, the side lot line and a line parallel thereto which runs through the point of the building nearest to said lot line. The width of said yard is the distance between the parallel lines. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2000, ord 00-152, sec 1; am 2002, ord 02-70, sec 2; am 2007, ord 07-55, sec 1; ord 07-104, sec 2; am 2008, ord 08-155, sec 2; am 2009, ord 09-118, sec 17; am 2012, ord 12-28, sec 2; am 2018, ord 18-114, sec 3; am 2020, ord 20-61, sec 9; ord 20-94, sec 2; am 2021, ord 21-26, sec 2; 2022, ord 22-95, sec 3; am 2024, ord 24-65, secs 4 and 5; ord 24-70, secs 5 and 6; am 2025, ord 25-55, secs 2 and 3; ord 25-66, secs 2, 3, and 4; ord 25-85, sec 1; am 2026, ord 26-57, sec 2.)25-1-5 UNOFFICIAL ADVANCE SHEET – Updated on August 5, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. ZONING This page intentionally left blank. 25-14.3 SUPP. 19 (1-2026) Article 2. Administration and Enforcement. Division 1. General Administration.