Rules for historic districts 1 and 2

A. Establishment of plan. For historic district no. 1 and historic district no. 2, the plans, reports, manuals, and guidelines in subsection 2.88.080 on file with the department of planning must be used as a guide for the determination of the required land use, height of buildings, style of architecture, parking requirements, setback, lot areas, and any other matter pertaining to that particular historic district. B. Use regulations. Within historic district no. 1 and historic district no. 2, no building, structure, or premises may be used, and no structure may be erected, structurally altered, replaced, or enlarged, except for one or more of the following uses: 1. Amusement centers. 2. Apartments. 3. Assembly areas. 4. Automobile fueling stations, without auto repairing. 5. Boardinghouses. 6. Day care facilities. 7. Duplexes. 8. Eating and drinking establishments. 9. Education, general. 10. Education, specialized. 11. Food and beverage, retail. 12. Greenhouses. 13. Health clubs. 14. Historical tours, only if motor vehicles are used and parked or stored in an off-street parking area, and all customer transactions are conducted within an enclosed commercial building. As used in this subsection, the following terms are defined: a. "Historical tour" means a tour of all or any part of, and that originates or ends in, historic district no. 1 or historic district no. 2. b. "Motor vehicle" means motor vehicle as defined in section 10.04.030 of this code, and does not include any vehicle propelled by human or animal power. c. "Off-street parking area" means a private parking area that meets the requirements of the County's off-street parking ordinance. 15. Hotels, if the use was lawfully initiated prior to January 7, 2022. Existing hotels may be reconstructed, renovated, or expanded if no new rooms or transient vacation rental units are added and any ground altering activity proposed in culturally sensitive areas as determined by the County archaeologist is referred to the Maui County cultural resources commission, which may review and comment on the potential impact to historic properties and cultural resources to the State historic preservation division in accordance with Hawaiʻi Revised Statutes chapter 6E. 16. Light manufacturing and processing. 17. Lodging houses. 18. Medical center, minor. 19. Parking areas, public; provided that none abut Front Street. 20. Parks and playgrounds—Community, public, or privately operated. Recreation, refreshment, amusement, and service buildings or structures may be permitted in public parks and playgrounds when under the supervision of a government agency charged with the duties and responsibilities of maintaining and operating the parks and playgrounds. 21. Personal and business services, including general office. 22. Philanthropic societies or functions, including private clubs or organizations. 23. Public facilities and public uses. 24. Quasi-public facilities, including dwellings of religious institution leaders and staff connected as an incidental use to the religious institution. 25. Radio transmitting and television stations, provided that antennae conform to the height limitations in historic district no. 1 and historic district no. 2. 26. Retails, stores, and businesses. 27. Single-family dwellings. There may be accessory buildings located on the same lot, the use of which is customary and incidental to that of the main dwelling. These may include an additional dwelling; provided, that the additional dwelling does not have a floor area of more than five hundred square feet, and the lot size is seven thousand five hundred square feet, or greater. 28. Utility facilities, minor. C. Height regulations. No building within historic district no. 1 and historic district no. 2 may be more than two stories high, and more than thirty-five feet in height, except for single-family dwellings and duplexes, which are limited to thirty feet in height. "Story" is defined as the portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is the portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade, the basement or cellar will be considered a story. D. Setback area. Within historic district no. 1 and historic district no. 2, no setback area is required, except that for single-family dwellings, duplexes, or additional dwellings, a front setback area of ten feet, a rear setback area of fifteen feet, and a side setback area of five feet are required. E. Selling in public places. It is unlawful for any person to carry on or solicit business in any location on any street, highway, or sidewalk. The same is also unlawful in any location, in any park or open space that is owned or maintained by a government agency without the approval of the cultural resources commission, and the responsible government agency having administrative authority over the park or open space. F. Drinking in public. It is unlawful to consume intoxicating liquor in any public street, park, or open space that is owned or maintained by a governmental agency, without the express approval of the responsible government agency having administrative authority over the public street, park, or open space, and the cultural resources commission, or in any street, park, or open space that is privately owned without the express approval of the owner of the property. "Intoxicating liquor" means the same as in section 281-1 of the Hawaiʻi Revised Statutes. Any person violating this subsection will be fined not more than $500 or imprisoned for not more than thirty days, or both. G. Within historic district no. 1 and historic district no. 2, off-street parking facilities must be provided in accordance with the requirements of chapter 19.36B when any building or structure is: 1. Constructed or increased in size; or 2. Put to an intensified use that results in the need for additional parking space. Off-street parking facilities constructed in compliance with this section must not abut Front Street. ( Ord. No. 5473 , § 15, 2022; Ord. No. 5270 , § 2, 2021; Ord. No. 4921 , § 14, 2018; Ord. No. 4026, § 14, 2013; Ord. 2576 § 2, 1997: Ord. 2390 § 1, 1994; Ord. 1265 § 1, 1982; Ord. 915 § 1, 1978; Ord. 892 § 1, 1978; Ord. 862 § 1, 1977; Ord. 817 § 1, 1975: prior code § 8-3.14(I))