Haw. Code R. § 15-23-65 - Open space

Current through February, 2022

(a) Open space is that portion of a development lot, exclusive of required yards, setback areas, or parking areas, which is:
(1) Open and unobstructed overhead;
(2) Landscaped or maintained as a recreational or social facility;
(3) Not to be used for driveways, loading purposes, or storage, or for the parking of vehicles; and
(4) Visible and open to the public during normal business hours.
(b) Berms, landforms, or underground structures covered with landscape treatment including artificial turf, shall be considered as part of the required open space, provided that open space shall not exceed four feet from the sidewalk elevation.
(c) For any development lot within any land use zone, except lands entirely devoted to waterfront industrial uses in the MUZ-I zone:
(1) The minimum amount of open space shall be the lower of:
(A) Twenty per cent of the development lot area; or
(B) Thirty per cent of the development lot area less required yard areas;
(2) The minimum required open space may include both of the following:
(A) Up to twenty-five per cent of an adjacent front yard provided that:
(i) At least one-half of the open space is entirely in one location and proportioned to a maximum length-to-width of 2:1; and
(ii) One linear foot of seating is provided for each thirty square feet of open space
(B) Up to twenty-five per cent of any passageways or arcades.
(d) Open space requirements for developments on lots of 40,000 square feet or less shall be according to the following table. For lot areas between 10,000 and 40,000 square feet, the minimum open space is proportional to the parameters of the lots enumerated in the following table:

Lot Area (square feet)

Minimum Open Space (Per cent of lot area)

40,000

20

20,000

10

10,000 or less

0

Notes

Haw. Code R. § 15-23-65
[Eff 2/24/90; am and comp 10/10/98; comp 2/2/02; comp 12/9/02; am and comp 11/3/0 5] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.