North Shore Development Plan Ordinance: Purpose and Rules

This Article shall be known and may be cited as "the North Shore Development Plan Ordinance." It is hereby adopted:To implement the intent and purpose of the adopted General Plan and to amend certain portions of the General Plan which are found to be necessary in order to recognize more detailed information and more precise community goals and objectives.To establish development plans, Zoning Maps and design criteria to guide and regulate future development and protect certain physical and social characteristics which are found to be of particular public value.To establish exceptions, modifications or additions to the provisions of the Comprehensive Zoning Ordinance and the Subdivision Ordinance of the County of Kaua'i in order to more specifically provide for the regulation of land use, subdivision and development practices within the North Shore special planning area.For said purposes, the North Shore special planning area includes the District of Hanalei as described in Section 4-1(4) of Hawai'i Revised Statutes and portions of other districts located within natural watershed areas draining to the ocean between Moloa'a Stream and the Na Pali Coast, as established by the Planning Commission and designated on the Zoning Maps of the County of Kaua'i, pursuant to Section 8-9.6 of the Comprehensive Zoning Ordinance.Nature of North Shore Development Plan Ordinance. This Article supplements the Comprehensive Zoning and Subdivision Ordinances in regulating use and development practices and, in addition, provides a framework and guidelines to direct the physical locations and relationships of major improvements, buildings and landscape within the North Shore special planning area.The administrative guidelines of this Article include:Development plans establishing future and existing locations, by parcel, of major or critical circulation systems, access points, building areas, setbacks, heights and type.Design control plans establishing critical design features, such as existing vegetation, historic and archaeological sites, views, lighting location and future landscape requirements.The North Shore Improvement Advisory Committees to serve as a continuing group for citizen participation in design review and the recommendation of proposed developments.Goals and Objectives. The goals and objectives as contained in the North Shore Development Plan Update Report are hereby adopted by the ordinance codified in this Article. Copies of the development plan report are on file at the Office of the Planning Department, County of Kaua'i.Application of Regulations.In administering and applying the provisions of this Article, unless otherwise stated, they shall be held to be the minimum requirements necessary to accomplish the purpose of this Article.Unless otherwise expressly prohibited by law, the provisions of this Article shall apply to all areas within the North Shore special planning area.The regulations and procedures established in the Comprehensive Zoning and Subdivision Ordinances shall apply within the North Shore special planning area, except to the extent that such regulations or procedures are changed or modified by the provisions of this Article. When the provisions of this Article differ from the provisions of the Comprehensive Zoning Ordinance or the Subdivision Ordinance with respect to a particular subject matter of regulation, the provisions of this Article shall apply.