Open District Development Rules: Land Use, Density, and Subdivision

Land Coverage.The amount of land coverage created, including buildings and pavement, shall not exceed 10% of the lot or parcel area.No existing structure, use or improvement shall be increased in size, or any new structure, use or improvement undertaken so as to exceed the 10% land coverage limitation.At least 3,000 square feet of land coverage shall be permissible on any parcel of record existing prior to or on September 1, 1972.Residential Densities.Except as otherwise provided in this Article, no more than one single family detached dwelling unit per three acres of land shall be permitted when the parcel is located within an area designated "Urban" or "Rural" by the State Land Use Commission.No more than one single family detached farm dwelling unit per five acres of land shall be permitted when the parcel is located within an area designated as "Agricultural" by the State Land Use Commission, and provided that no more than five dwelling units may be developed on any one parcel.Where the parcel is located within an area designated "Urban" by the State Land Use Commission, one single family detached dwelling unit per one acre of land shall be permissible if the existing average slope of the parcel is no greater than 10%.Provided that the provisions of this Article shall not prohibit the construction or maintenance of one single family detached dwelling with necessary associated land coverage on any legal parcel or lot existing prior to or on September 1, 1972.Existing Structures—Permits and Condominium Property Regimes (C.P.R.s).Any lot of record which has a valid Zoning Permit(s) for more than five units prior to August 19, 2010, shall be allowed to build to the density for which there are permits.Any lot of record which has been submitted to a condominium property regime ("C.P.R.") that has been registered with the Real Estate Commission prior to August 19, 2010, shall be allowed to build to the density in place at the time of the registration of the C.P.R. with the Real Estate Commission.Any dwelling unit constructed under these provisions or lawfully existing prior to May 21, 2010 may be replaced, expanded, altered or enlarged in accordance with all other applicable provisions of this Chapter.Subdivision.No parcel or lot shall be created which is less than three acres in size within an area designated as "Urban" or "Rural" by the State Land Use Commission, or less than five acres in size within an area designated as "Agriculture" by the State Land Use Commission, except within an "Urban" area a lot or parcel may be created which is one acre or more in size if the existing average slope of the lot or parcel thus created is no greater than 10%.No parcel or lot shall be subdivided when the improvements on the parcel meet or exceed the density and land coverage requirements of this Article.No portion of any parcel previously used as the basis for the calculation of allowable density or subdivision in any other District shall subsequently be subdivided or used as the basis for any other density or land coverage calculation.For contiguous lots or parcels of record in common ownership existing prior to or on September 1, 1972, within an area designated as "Agricultural" by the State Land Use Commission the following standards shall apply. Parcel area shall be calculated in accordance with Sec. 8-1.4(d):Parcels not more than 50 acres, may be subdivided into parcels not less than five acres in size.Parcels larger than 50 acres, but not more than 300 acres may be subdivided into 10 or fewer parcels, none of which may be smaller than five acres.Contiguous lots or parcels of record in common ownership existing prior to or on September 1, 1972, larger than 300 acres may be subdivided only in accordance with the following criteria:A maximum of 75 acres may be subdivided into not more than 10 parcels, none of which shall be smaller than five acres;An additional 20% of the total parcel area or 300 acres, whichever is less, may be subdivided into parcels, none of which shall be smaller than 25 acres;The balance of the parcel area shall not be subdivided.Standards for Subdivision on State Land Use District Agricultural. Any subdivision on land in State Land Use Commission Agricultural District shall be consistent with the provisions of H.R.S. Chapter 205 and Article 8 of Chapter 8 of Title IV of the Kaua'i County Code.Development Standards. Subject to the density and subdivision restrictions in Subsection (c), the development requirements for use development or subdivision within an Open District shall be:The same as the requirements for the District in which the proposed use would be permitted under other provisions of this Chapter.The same as the requirements of Secs. 8-4.4 and 8-4.5 of the Residential District if no use is indicated or if the use proposed is not readily assignable to any other Use District.Public Access. The Planning Commission may require the dedication of adequate public access ways not less than 10 feet in width to publicly-owned land or waters and may require the preservation of all historic and archaeological sites, known or discovered on the parcel subject to development.