Haw. Code R. § tit. 13, subtit. 1, ch. 5, exh. 4
August 12, 2011
Minimum Setback: For lots under one acre:
Front: 15 feet
Sides: 15 feet
Back: 15 feet
For lots over one acre:
Front: 25 feet
Sides: 25 feet
Back: 25 feet
Allowable building area extensions 36 inches in 15-foot setback 42 inches in 25-foot setback (e.g., eaves and cantilevered decks).
Exceptions: Site characteristics and lot shape may be a factor in adjusting minimum setbacks when so determined by the board.
Shoreline Setback: The shoreline setback line shall be established based on a setback distance from the certified shoreline of 40 feet plus 70 times the average annual coastal erosion rate, based on a coastal erosion study as defined in this chapter. No shoreline setback shall be established for any lot subject to this chapter unless the application for a shoreline setback line includes a shoreline survey certified by the department not more than 12 months prior to submission of the permit application. The shoreline setback line shall be based on the average lot depth (ALD)1 measured from the current shoreline.
For lots with an ALD of two hundred feet or less, the shoreline setback line shall be established based on the ALD of the lot, as provided in Table 1, or based on 40-feet plus 70 times the annual erosion rate. The applicant may choose the lesser of the two methods, but in no case shall the shoreline setback line be calculated to be less than 40 feet.
The department may waive the requirement for coastal erosion study based on supportive documentation from the applicant. Such documentation may include, but is not limited to, county or state approved coastal erosion rate data provided through the University of Hawaii, School of Ocean,
Earth Science, and Technology, or evidence that the erosion rate is zero.
TABLE 1: AVERAGE LOT DEPTH | ||||||
If the average lot depth is: | 100 feet or less | 101 to 120 feet | 121 to 140 feet | 141 to 160 feet | 161 to 180 feet | 181 to 200 feet |
Then the minimum setback distance is: | 40 feet | 50 feet | 60 feet | 70 feet | 80 feet | 90 feet |
Maximum Developable
Area (MDA): Means the total floor area in square feet allowed under the approved land use. The floor area computation shall include: all floor areas under roof, including first, second, and third story areas, decks, pools, saunas; garage or carport, and other above ground structures.
For lots up to 14,000 square feet, the maximum developable area is 25 per cent of total lot area.
For lots over 14,000 square feet to one (1) acre, the maximum developable area is 3,500 square feet.
For lots larger than one (1) acre, the maximum developable area is 5,000 square feet.
Exceptions: Site characteristics and the degree of pre-existing site disturbance may be a further limiting factor in the calculation of maximum developable area when so determined by the board.
Maximum Allowable Building Envelope:
No portion of any building (excluding any allowed chimney, antenna, vents, solar panels or other renewable energy structures, or similar structures) shall protrude above the maximum allowable building envelope. The top of the maximum allowable building envelope shall be a vertical plane parallel to and twenty-five feet above the existing grade measured by vertical plumb line.
Exceptions: Areas within the flood zone may allow consideration for additional heights above the maximum allowable building envelop to comply with the National Flood Insurance Program requirements when so determined by the board.
Compatibility Provisions:
Compatibility with surrounding environs. Structure is designed in accordance with standard conditions and criteria, including:
- Landscaping - screening of structures
- Color of paint/surface of structure and roof -earth tones, or compatible with surrounding area
- Department of Health wastewater permit/water collection system approval
- Grading/contouring of property kept to minimum with consideration of slope
- All structures connected, or best alternative
- In conformance to applicable building and grading code and shoreline setback provisions
- One kitchen2
1 Average lot depth (ALD) shall be calculated as follows: (1) measure the two sides of the property that are at or near right angles to the shoreline; (2) measure the length of a line connecting the mid-point of the seaward (shoreline) side of the property to the mid-point of the landward side of the property; (3) add these three (right, left, center lines) measurements together for a total; (4) divide the total by three to obtain the ALD.
2 "Kitchen" means a facility within the residential dwelling for food preparation, including fixtures, appliances or other devices to wash, prepare, heat, cook, and refrigerate food and wash cooking utensils and dining implements.
Haw. Code R. tit. 13, subtit. 1, ch. 5, exh. 4