Special rules for building and business in the Kūhiō Highway area

The following exceptions, modifications and additions to the provisions of Chapter 8 and Chapter 10 of the Kaua'i County Code shall apply to development within SPA-E also known as the "Kūhiō Highway Neighborhood Mixed Use-Commercial Emphasis Design District Overlay." This Section shall supersede any conflicting provisions in Chapter 8 and Chapter 10 of the Kaua'i County Code enacted before the enactment of the ordinance codified in this Article.Generally Permitted Uses and Structures in SPA-E.Accessory uses and structures;Art galleries and sales;Churches and temples;Clubs, lodges and community centers (private);Commercial indoor amusement and recreation facilities;Convenience store and neighborhood grocery stores with a twenty thousand (20,000) square foot building footprint or smaller;Home businesses;Hotels and motels not to exceed RR-10 density;Household services;Light manufacturing, such as handicrafts and garment fabrication;Minor food processing, such as cracked seeds, jellies, candies and ice cream with a twenty thousand (20,000) square foot building footprint or smaller;Museums, libraries and public services;Offices and professional buildings;Parking garages/structures;Personal services, such as barber and beauty shops, salons, Laundromats, shoe repair shops, etc.;Public offices and buildings;Public parks and monuments;Restaurants and food services;Retail sales and shops with a twenty thousand (20,000) square foot building footprint or less;Multiple-family dwellings not to exceed R-20 density;Single-family dwellings;Schools and daycare centers.Uses and Structures That Require a Use Permit in SPA-E.Adult family boarding, group living and care homes;Animal hospital;Automobile repair, storage and gasoline sales;Bars, nightclubs, and cabarets;Botanical and zoological gardens;Communications facilities;Construction materials and storage;Convenience stores and neighborhood grocery stores over a twenty thousand (20,000) square foot building footprint;Food processing and packaging (other than what is permitted above);Hotels and motels not to exceed RR-20;Light manufacturing (other than what is permitted above);Outdoor private amusement and recreational facilities;Public and private utilities and facilities;Research and development (including laboratory/medical research);Retail sales over a twenty thousand (20,000) square foot building footprint;Warehouse, self-storage facilities.Any other use or structure which the Planning Director finds to be similar in nature to those listed in this Section and appropriate to the district.Setback and Build-to Line Requirements, Kūhiō Highway. The following setbacks and build-to requirements apply only to the portion of Kūhiō Highway located within SPA-E.Front Yards.For the makai side of Kūhiō Highway, new buildings shall be built up to a twelve (12) foot build-to line from the edge of the curb.For the mauka side of Kūhiō Highway, new buildings shall be built up to a twenty (20) foot build-to line from the edge of the curb.The Director may grant an exemption from the build-to line requirement to allow for variation in the streetscape, provided the setback enhances the pedestrian nature of the streetscape and does not exceed a total of thirty percent (30%) of the frontage along Kūhiō Highway. Examples include provisions for landscaping, wider sidewalks, plaza areas and outdoor eating and seating areas.Because the existing right-of-way fronting each property varies, all new buildings shall ensure that a continuous width of at least twelve (12) feet (from the street side edge of the sidewalk curb to the building façade, inclusive of tree wells) is provided on the south side of Kūhiō Highway and a similar sidewalk of at least twenty (20) feet shall be provided on the mauka side of Kūhiō Highway. Where buildings are set back from the build-to line, these areas shall be paved for ADA accessibility to meet with the sidewalk paving or shall be landscaped and serve a function that promotes pedestrian activity along the street front.Easements shall be granted in favor of the County over private property where necessary to maintain a consistent streetscape. The County will be responsible for the installation and maintenance of sidewalks and tree wells provided within the right-of-way easements. Adjacent landowners are encouraged to work with the County if patterned or special paving materials are desired.Side Yards. Side yard setbacks are not required for buildings on Kūhiō Highway, except where the side yard abuts a public street or a lot in a zoning district which requires a side yard setback. In such cases, the setback shall be equal to the minimum required for the adjoining or underlying zoning district. New development shall locate buildings at the minimum side yard setback, except in the following instances:Where access to on-site parking at the rear of the building is necessary; orWhere setback area is desired (i.e., for parking or outdoor seating) then the side yard setback along the first fifteen (15) feet of building depth shall be at the minimum setback. The remainder of either side yard shall be increased for the desired use.Rear Yards. No minimum rear yard setback is required for properties, except where the rear lot abuts a residential property. In this case, the minimum yard setback shall be five (5) feet.Encroachment (for Build-to Lines and Setbacks).Canopies, awnings, overhangs, balconies, eaves, signage, and similar permitted elements may encroach into the required right-of-way over the sidewalk, provided that the projection does not intrude into the street travelway or block ADA-accessible sidewalks and meets applicable ground clearance standards.Retail uses, such as sidewalk cafes and outdoor shopping areas, and temporary retail uses, such as sandwich boards and outdoor shopping displays, which "spill-out" onto the sidewalk are permitted, subject to approval by the Planning Director and County Engineer. Department of Transportation approval is also required for encroachments into a State-owned right-of-way.Outdoor eating and gathering areas located within the roadway interface zone should be buffered from moving cars through the use of bollards, planters, landscaping, decorative fencing or similar measures. All buffers that encroach into a public right-of-way are subject to approval by the Planning Director and County Engineer. Department of Transportation approval is also required for encroachments into a State-owned right-of-way.Enhance the Streetscape to Encourage Pedestrian Activity and Biking.The entries of new buildings shall directly access and face the sidewalk.Site planning and building design shall facilitate pedestrian and bicycle access and circulation.On Kūhiō Highway, historical and cultural elements should be incorporated into the design of sidewalk paving, crosswalks, artwork and signage. Wayfinding information should also be incorporated into paving designs.Improved crosswalks should be provided where recommended in the Līhu'e Town Core Urban Design Plan, or other County and State transportation plans.Buildings located at street corners should help define the intersection by locating a portion of the main building at the corner. Parking, loading and service areas shall not be located at the street corner.Architectural Context and Compatibility. The following guidelines shall be considered as tools to help achieve the design goals of the neighborhood:A mix of architectural styles, based on local design traditions, is allowed.Contextual design should be used to integrate new buildings into the streetscape and neighborhood. The design of new buildings should demonstrate sensitivity to the historical context and surrounding natural conditions.The adaptive reuse of historic buildings shall be considered.Building Density and Mass. The following guidelines shall be considered as tools to help achieve the design goals of the neighborhood:No new building should significantly change the overall scale of the neighborhood.Building facades for mixed-use and commercial buildings should employ the classic tri-part layering with a base, body, and roof for each building. At the base, the building should be pedestrian scaled, friendly, and inviting. The body should express the building's function and the roof should create an interesting line. Taller buildings should be created by adding height in the middle tier.Human-scale elements, such as windows, doors, and ornamentation should be used to break up large surfaces. Canopies, overhangs, and balconies should be used to help to reduce the vertical emphasis of buildings.Large buildings (with façades greater than sixty-four (64) feet in width) should be broken down by articulating different volumes, window and column definition, and through varying roof and wall planes. These architectural features should be well-proportioned and related to create a satisfactory composition.Building Height.Building heights for new structures shall not exceed fifty (50) feet from finished grade to the highest point of the roof. The Director may waive the building height requirement to allow additional height for sloping roofs, if it is determined that the overall building height will enhance the streetscape.The height and front façade of historic buildings should be preserved.Where taller structures are located adjacent to shorter structures the contextual scale should be reduced using vertical divisions and stepping the building height or roof lines to provide a transition between the taller structure and shorter structure.Street-Level Activity, Building Façades and Fenestration.Blank façades along Kūhiō Highway are not permitted. Use of awnings, arcades, large articulated windows, porches, balconies, decks, outdoor seating and other elements to promote the use of the street front, provide places for social interaction, and give buildings a strong street presence should be considered.Primary entrances to buildings shall be both architecturally and functionally designed to face Kūhiō Highway or the main public street. Building entries should be clearly defined, welcoming, and relate to the sidewalk along the street. Doorways may be recessed to enhance circulation and highlighted through the use of ornamentation, building massing, and change in roof lines.Exterior building materials should have a human scale to help pedestrians relate to the size of the building.Uses that support pedestrian activity, such as retail and food and drinking establishments, should be located on the ground floor of buildings on Kūhiō Highway. These uses shall be oriented to the street and have direct access from sidewalks through storefront entries. Areas for outdoor eating and shopping are encouraged.Buildings located at street corners should be designed to address the corner and engage the interest of drivers, pedestrians and bicyclists at the intersection.Windows, bays and door openings should be proportioned so that verticals dominate horizontals, except for street level store front windows, which may be square. Large openings, such as large areas of glass or porches, should be made up of smaller vertically proportioned elements grouped together to create the desired width.For historic buildings, entrances shall remain in their original location. The Director may grant an exemption from this requirement to allow entrances to be relocated to face the main public street.Canopies, awnings, or similar building projections that provide shade for pedestrians, are required for all new buildings on Kūhiō Highway, and should be considered for other buildings fronting a public street. Building projections should be compatible with the scale and character of the building.Roofs.New development or major renovation shall utilize roof shapes, materials, and colors which are compatible with the existing traditional and historic architectural character of the area. The following roof types are permitted: false front with gable roof, false front with shed roof, false front with flat roof, gabled roofs, hip roofs, hip and gable roofs, and double pitched roofs. With the exception of the false front roof combinations mentioned above, a combination of roof types will be permitted. Flat roofs should have a false front that is appropriately scaled to the neighboring buildings.Aside from false front buildings, new buildings shall have a pitched roof with a minimum pitch of 3:12.Roof colors shall be earth tones. Reflective and shiny surfaces are not permitted, except for renewable energy equipment such as solar panels. The Director may grant an exemption from this requirement for energy-saving and heat mitigation measures if there is no significant adverse impact on nearby properties.The use of more than one (1) type of roof material is not permitted. The Director may grant an exemption from this requirement for energy-saving and heat mitigation measures if there is no significant adverse impact on nearby properties.Roofs on historic buildings should be preserved or restored. When existing historic buildings are renovated, the functional and decorative features of the roof should be retained and preserved.Minimize the visibility of roof-mounted equipment and skylights from public streets and pedestrian connections. Screens shall be consistent with the building architectural design and finishes.Building Materials and Color.Light earth tones, and other colors commonly found in the Līhu'e Town Core, shall be used for new and existing development. Brighter and darker colors may be used for accents, trim, and architectural features (such as canopies, awnings, and doors) that comprise relatively minor portions of the surface.The colors of all walls and the roof should be compatible, and the color scheme should fit with the contextual character of the surrounding area.Off-Street Parking.General Parking Requirements.Retail Sales and Services (Grocery Stores, Drug Stores, Clothing Stores, Gift and Sundry Stores, Banks, Personal and Household Services, etc.). One (1) space per four hundred (400) square feet of net floor area.Eating and Drinking Establishments (Restaurants, Cafés and Bars) and Personal Services (Barber Shops and Beauty Salons). One (1) parking space for each four hundred (400) square feet of gross floor area.Offices and Office Buildings. One (1) parking space for every four hundred (400) square feet of net office space including waiting rooms or other spaces used by the public for the transaction of business or services.Churches, Sport Arenas, Auditoriums, Theaters, Assembly Halls. One (1) parking space for each eight (8) seats in principal assembly area.Residential Uses. For single-family detached dwellings: two (2) spaces per unit. For multiplefamily and single-family attached dwellings: one and one-half (1.5) spaces per unit. For senior living and group care home facilities: one (1) space per three (3) units.Shared Parking. Where uses and activities are mixed within the same building, project, or development and do not occur simultaneously (i.e., offices on the ground floor open during daytime hours and residential units on upper floors), parking spaces may be shared. Parking counts shall be determined by the use with the largest parking requirement.Parking Bonus.The Director may allow a reduction in the parking requirement for commercial uses to one (1) space for every five hundred fifty (550) square feet for properties that comply with all of the requirements and guidelines established in this Article.If bicycle parking or storage is provided for any use, the total number of required vehicle parking spaces shall be reduced by one (1) parking space for every five (5) bicycle parking spaces or storage units provided.The Director may allow a reduction in the parking requirement for commercial uses and multi-family dwellings if a bus or transit stop with a pullout area is provided and built to County Transportation Agency standards (subject to County Transportation Agency approval), the parking requirement shall be one (1) space per five hundred fifty (550) square feet of net floor area or net office area for commercial uses and one (1) space per unit for multiple-family dwellings.Design of Off-Street Parking Facilities.Off-street parking areas shall be located in the rear of properties and screened from view.Parking lots with five (5) or more spaces should be landscaped with a minimum five (5) foot wide landscape strip adjacent to any adjoining public right-of-way. The landscape strip should be planted with a continuous screening hedge of at least forty-two (42) inches high.Parking lots with more than ten (10) parking spaces require one (1) canopy tree for every ten (10) spaces. Installed trees should be a minimum twenty-five (25) gallon size. The tree well or planting area for the tree should be no less than nine (9) square feet in area or a minimum three (3) feet wide in any direction and should be adequately sized for larger canopy trees. For example, monkey pod trees should have a planting strip of at least eight (8) feet. Trees should be sited to evenly distribute shade throughout the parking lot.Entrances to parking areas on a parcel shall be located away from intersections and where they do not interrupt the street tree pattern. The number of curb cuts shall also be minimized.Structured parking shall not dominate the street frontage of a building. The parking decks should be located to the rear of buildings and where feasible, pedestrian-oriented uses, such as retail and office uses, or a façade that hides the parking, should be incorporated at street level to reduce the visual impact of parking structures along the road.Parking structures should incorporate landscaping to enhance the visual character of the structure.Vehicular entrances to parking structures should not dominate the street frontage of buildings.Signage.Signage shall comply with the County's Outdoor Sign Ordinance (KCC Sec. 15-4).Permitted signs include signs mounted flat against a building façade, a projecting sign, or hanging sign.The design of signs should be compatible with the architectural style of the building and not dominate the façade.Where multiple business inhabit a building along Kūhiō Highway, a business directory shall be provided and contain information on business establishment names and locations, pedestrian linkages and historic buildings. The directory should be compatible with street furnishings located nearby.The name and address of buildings should be clearly visible from the street.Signs shall be graphically simple and present an appropriate level of detail.Sign material shall be non-reflective metal or wood, upon which the design shall be carved, sandblasted, or painted.Flashing, rotating, inflatable, and interior-lit fluorescent plastic signs are not permitted. Signs shall not be located on the roof. Sign lighting should be indirect.Views into storefront windows shall not be obstructed by oversized product advertisement signage or posters.Maximum gross area of a sign on a façade shall not exceed ten percent (10%) of the façade area.Projecting signs shall maintain a minimum clear height of eight (8) feet above sidewalks and not extend beyond the roof, overhang, or awning.Walls and Fences. Walls and fences fronting a public right-of-way shall have a maximum height of three (3) feet. Fence post caps, finials and pillars may be up to six (6) inches taller. Walls and fences should be compatible with the architecture of the building and the overall style of the area. Chain link fences and unfinished concrete masonry unit walls are not permitted along lot frontage, adjacent to public open spaces, or where it is readily visible to the public.Outdoor Lighting.In parking areas, light fixtures should be scaled to the pedestrian as well as the automobile with fully-shielded lights directed downward. The recommended height for light fixtures is no more than thirty (30) feet. Pedestrian-scaled light fixtures shall create a uniform illumination level for security without harsh light or glare.Accent lighting for water features, landscaping, pedestrian pathways, and other amenities shall be directed downward and fully-shielded.Floodlighting of buildings is prohibited.Utilities and Screening Utility Equipment.All utilities, including power lines, cable and telephone lines, should be placed in conduits underground. Existing overhead lines should be relocated underground.Utility equipment, such as utility boxes and meters, shall be located, sized and designed to be as inconspicuous as possible, but also in conformance with applicable electric and utility standards, rules, and codes.Electrical transformers shall be screened with either plant material or a wall to help conceal them from public view.Screening Loading Areas.Loading and unloading areas and outdoor storage and service areas shall be screened from view through the use of building mass, freestanding walls or fences, and/or landscaping. Screening materials should match adjacent buildings.Dumpsters shall be screened on at least three (3) sides by an opaque fence or wall of sufficient height to block views of the containers. Plant material and/or earth berms should be used for general screening of the trash collection areas from views of main roads, sidewalks and building entrances.Avoid locating service and loading areas adjacent to residential areas, outdoor eating and gathering areas to minimize noise impacts from delivery and trash trucks.