Haw. Code R. § 15-23-64 - Yards

(a) Every yard bounded by a street shall be a front yard. A minimum front yard of fifteen feet in depth shall be required for each development lot. The minimum front yard may be waived if commercial use is provided at grade that enhances the pedestrian environment. Notwithstanding the foregoing, the block bounded by Ala Moana Boulevard, Cooke, Halo, and Coral [and Halo] Streets shall have a minimum front yard of thirty feet in depth on its Cooke Street boundary and no front yard shall be required on its Coral Street boundary.

(b) The minimum side and rear yard requirements shall be as follows:

(1) For structures without windows or openings facing side or rear property lines, no side or rear yard shall be required;

(2) For structures containing windows or openings facing side or rear property lines, the minimum side yard shall be ten feet, and the minimum rear yard shall be ten feet; and

(3) Parking spaces may extend to side and rear property lines through the zoning adjustment process specified in section 15-23-21, subject to the following conditions:

(A) An area or areas of required yards equivalent to the area to be used for parking or accessory use structures is provided elsewhere on the zoning lot. This equivalent area shall be maintained in landscaping, except for drives or walkways necessary for access to adjacent streets. Parking may overhang yard areas up to three feet if wheel stops are installed. A minimum of fifty per cent of the equivalent area shall be contiguous to the street frontage abutting the zoning lot.

(B) Any parking floor situated within ten feet of the property line shall not be more than four feet above existing grade.

(c) Yard widths shall be measured perpendicular to lot lines, except that front yards shall be measured perpendicular to the street right-of-way or the established street setback line, whichever is the greater distance from the street center line.

(d) All required yards shall be landscaped pursuant to section 15-23-142.

(e) No business or structure shall be carried on or located within any required yard except as follows:

(1) Up to fifty per cent of the lot frontage may be used for outdoor dining areas, provided they are covered with umbrellas, awnings, or trellises, and remain open on the sides during business hours;

(2) Dispensers for newspaper sales and distribution are permitted;

(3) Porte cocheres and pergolas may be allowed with approval of the executive director; and

(4) Bicycle parking, including a fixed bicycle rack for parking and locking bicycles.

(f) Roof overhangs, eaves, sunshades, sills, frames, beam ends, projecting courses, planters, awnings, and other architectural embellishments or appendages, and minor mechanical apparatus with less than a thirty-inch vertical thickness may project into the required yards no more than five feet.

(g) Retaining walls within required yards shall not exceed a height of three feet. A safety railing, not capable of retaining earth or exceeding forty-two inches may be erected on top of the retaining wall. The executive director may allow modification of the maximum height based on safety or topography. Walls and fences may project into or enclose any part of any yard, except required front yards, provided that the fence or wall shall not exceed a height of six feet.

(h) Parking and loading including related maneuvering area or aisle shall not be allowed in any required yard or street setback area, except that parking spaces may overlap required front yards by three feet if wheel stops are installed.

Notes

Haw. Code R. § 15-23-64

[Eff 2/24/90; am and comp 10/10/98; am 1/13/00; comp 2/2/02; comp 12/9/02; am and comp 11/3/05] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)