1. General Provisions
7-1.8 Review of the General Plan.
2. Planning System
7-2.1 Planning System.
7-2.2 General Plan.
7-2.3 Development Plan.
7-2.4 Public Facility Plan.
7-2.5 Land Use Regulations.
7-2.6 Capital Improvement Program Review.
3. Amendment of the General Plan
7-3.1 In General.
7-3.3 Public Hearings.
7-3.5 Planning Commission Action.
7-3.6 County Council Action.
7-3.7 Withdrawal; Abandonment.
7-4.1 Existing Zoning and Subdivision Ordinances.
OF THE COUNTY CLERK
|ORDINANCE NO. 753
||BILL NO. 1957, Draft 2
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 7 OF THE KAUAʻI
COUNTY CODE 1987 ENTITLED "THE GENERAL PLAN FOR THE COUNTY OF
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAʻI, STATE OF HAWAI`I:
SECTION 1. The purpose of this ordinance is to revise
the General Plan for the County of Kauaʻi, in compliance with the Charter of the
County of Kauai. This revision is based on the 1998-2000 General Plan Update
undertaken by the Planning Department.
Chapter 7 of the Kauai County Code 1987, as amended, is repealed and a new
Chapter 7 is enacted, to read as follows:
THE GENERAL PLAN FOR THE COUNTY OF KAUAʻI
ARTICLE 1. GENERAL
Sec. 7-1.1 Title. Next
This Chapter shall be known and may be cited as "The General Plan for the
County of Kauaʻi."
Sec. 7-1.2 Purpose.Prev.
Pursuant to the provisions of the Charter for the County of Kauaʻi, the
General Plan sets forth in graphics and text, policies to govern the future
physical development of the county. The General Plan is intended to improve the
physical environment of the County and the health, safety and general welfare of
The General Plan states the County’s vision for Kauaʻi and establishes
strategies for achieving that vision. The strategies are expressed in terms of
policies and implementing actions. They may be augmented and changed as new
strategies are developed.
The General Plan is a direction-setting, policy document. It is not intended
to be regulatory. It is intended to be a guide for future amendments to land
regulations and to be considered in reviewing specific zoning amendment and
The vision, the maps and text policies, and the implementing actions are
intended to guide county actions and decisions. In addition, the maps and text
policies are intended to guide the County in specific types of actions: making
revisions to land use and land development regulations; deciding on zoning
changes; preparing and adopting Development Plans and Public Facility Plans; and
preparing and adopting capital improvement plans.
Sec. 7-1.3 Definitions.Prev.
"Charter" means the Charter of the County of Kauaʻi, as amended.
"CIP" means the Capital Improvement Program of the County of Kauaʻi, which
is part of the annual budget ordinance and programs appropriations and funding
for capital improvements for six years and beyond.
"Comprehensive Zoning Ordinance" means the Comprehensive Zoning Ordinance of
the County of Kauaʻi, Chapter 8, Kauaʻi County Code 1987, as amended.
"Council" means the Council of the County of Kauaʻi.
"Development" means any public improvement project, or any public or private
project requiring a permit or approval from the Planning Department or Planning
"Development Plan" means a detailed plan for a specific geographic area of
the County of Kauaʻi, as defined by Sec. 14.07 of the Charter and as further
"General Plan" means the General Plan for the County of Kauai, including the
vision, policies, implementing actions and Land Use and Heritage Resources
"Implementing Action" means a strategy to implement a policy, which may
include recommendations for amending ordinances and rules.
"Owner" means the holders of at least seventy-five percent (75%) of the
equitable and legal title of a lot.
"Planning Commission" means the Planning Commission of the County of
"Planning Department" means the Planning Department of the County of
"Planning Director" means the Director of the Planning Department of the
County of Kauai.
"Policy" means a statement in the General Plan Policies Sections intended to
guide the County in achieving the vision
"Public facility" means a building, road, pipeline, or other capital
improvement that is constructed by the County of Kauaʻi in order to provide a
service to the public.
“Special Management Area Rules and Regulations” means the Special Management
Area Rules and Regulations of the County of Kauaʻi, as amended.
“Special Development Plans” means the Special Development Plans, Chapter 10,
Kauaʻi County Code 1987, as amended.
“Subdivision Ordinance” means the Subdivision Ordinance for the County of
Kauaʻi, Chapter 9, Kauaʻi County Code 1987, as amended.
“Vision” means a preferred future as described in Chapter 2 of the text of
the General Plan.
“Zoning Amendment” means a change of the zoning district boundaries in
relation to a specific parcel or parcels of land.
Sec. 7-1.4 Applicability.Prev.
(a) All actions and decisions undertaken by the County Council and the
County Administration, including all County departments, agencies, Boards and
Commissions, shall be guided by the vision statement, policies, and the
implementing actions of the General Plan.
(b) Ordinances and rules that relate to the following shall be guided by the
policies of the General Plan:
Sec. 7-1.5. Adoption. Prev.
- Development Plans;
- Public Facility Plans;
- Land use policies and regulations, including but not limited to zone
changes, zoning regulations, subdivision regulations, and SMA rules and
- Site development and environmental regulations, such as grading and drainage
- The six-year Capital Improvement Program.
(a) The plan document on file with the County Clerk entitled “Kauaʻi General
Plan”, including the maps and text policies, vision and implementing actions
dated as of the effective date of this ordinance, is hereby adopted by reference
and made a part of this ordinance.
(b) Upon adoption of this ordinance, prior resolutions and ordinances
relating to the 1984 General Plan are superseded; provided that conditions of
approval attached to General Plan Amendment Ordinances adopted prior to the
adoption of this General Plan shall remain in effect.
Sec. 7-1.6 Administration. Prev.
The Planning Department shall administer the provisions of this ordinance
and the General Plan in accordance with the provisions of the County Charter.
Sec. 7-1.7 Interpretation. Prev.
The Planning Director shall interpret the General Plan and the consistency
of a County action or a proposed development with the General Plan, subject to
the review of the Planning Commission.
Sec. 7-1.8 Review of the General Plan.
The Planning Department shall undertake a comprehensive review of the
General Plan within ten years of the date of adoption and shall report its
findings and recommended revisions to the Planning Commission and the County
ARTICLE 2. PLANNING SYSTEM
Sec. 7-2.1 Planning System. Prev.
The County of Kauai adopts plans and employs various methods of
implementation. The various elements comprise the County of Kauai Planning
Sec. 7-2.2 General Plan. Prev.
(a) Through text and graphic provisions, the General Plan establishes policy
for the long-range development, conservation, use and allocation of land, water,
and other resources in the County of Kauai.
(b) The General Plan includes but is not limited to the following elements:
Sec. 7-2.3 Development Plan. Prev.
- The Vision Statement describes the desired state of the County 20 years in
- The Policies establish the framework for the physical development of the
County. They serve as guidelines for the location of general land uses and
public facilities, the various aspects of conservation and development of the
physical environment, programs, and the allocation of resources. The policies
consist of both textual and graphic elements, such as maps and illustrations.
Descriptive sections and policy rationale sections provide context and amplify
the intent of the policies.
- The Implementing Actions set forth recommended courses of action to carry
out the policies.
(a) A Development Plan is intended to direct physical development and public
improvements within a specific geographic area.
(b) Each Development Plan shall state a specific purpose and set of
objectives in relation to a specified geographic area. A Development Plan may be
long-range and comprehensive, or it may be focused on specific, short-term
(c) A Development Plan may contain detailed guidance for land use and
zoning, circulation systems, architectural design, public facilities, or other
matters relating to the physical development of the planning area.
(d) In accordance with the Charter, a Development Plan shall be submitted to
the Planning Commission for review and recommendation and to the County Council
for adoption by ordinance.
Sec. 7-2.4 Public Facility Plan.
(a) Public facility plans shall include but not be limited to the following
(b) A Public Facility Plan shall be submitted to the County Council for
adoption by resolution.
- A system plan is a long-range comprehensive plan for a public service system
that is islandwide in scope. The purpose of the system plan is to establish
policy and set priorities for services, facilities, capital improvements, and
funding, considering the needs and capabilities of the various geographic areas.
- A facility plan is a master plan for the development of a specific facility,
which may include a single capital improvement project or a series of capital
improvements to be undertaken over a longer period of time.
Sec. 7-2.5 Land Use Regulations.
The County regulates land use through the Comprehensive Zoning Ordinance and
other ordinances and rules.
(a) Land use regulations consist of development standards, application
procedures, and criteria for granting permits or other approvals. They include
but are not limited to the following:
(b) Amendments and updates of land use regulations and maps shall be
consistent with the policies of the General Plan.
- Comprehensive Zoning Ordinance
- Subdivision Ordinance
- Special Development Plan Ordinances
- Special Management Area Rules and Regulations
(c) Reviews of specific zoning amendment and development applications by
government and private organizations shall be guided by the General Plan and
shall consider the extent to which a proposed development supports the vision,
policies and implementing actions of the General Plan.
Sec. 7-2.6 Capital Improvement Program
(a) In consultation with the other departments, the Planning Department
shall establish a systematic method of organizing capital improvement and
service priorities, to be used in the formulation of the six-year Capital
Improvement Program and County appropriations for capital improvements.
(b) The Planning Department shall review the annual Capital Improvement
Program and each County budget submittal for conformance to stated CIP
priorities and shall evaluate each project according to the established
priorities. The Planning Department evaluation shall be submitted to the County
Council as part of the annual budget
ARTICLE 3. AMENDMENT OF THE GENERAL
Sec. 7-3.1 In General. Prev.
The General Plan Ordinance or the General Plan of the County of Kauai may be
amended by ordinance, in accordance with the Charter. An amendment may change
provisions of this ordinance; text provisions or map designations of the General
Plan document; or any of these in combination.
Sec. 7-3.2 Initiation. Prev.
(a) An amendment may be initiated by the Planning Director, by the Planning
Commission, or by the Council.
(b) An amendment may be initiated by the verified petition of an owner or a
person fully authorized by the owner of property affected by the proposed
Sec. 7-3.3 Public Hearings. Prev.
- The petition shall be of such form and include such information and exhibits
as may be prescribed by the Planning Director. The petition shall be filed with
the Planning Department, accompanied by a filing fee of One hundred dollars
- Within 15 working days of a filing, the Planning Director shall accept or
reject the petition for amendment, based on compliance with amendment
application requirements. The petitioner shall be notified in writing of the
The Planning Commission shall hold at least one (1) public hearing on any
(a) Except for amendments relating to government or public utility
developments and amendments initiated by the Council or Planning Commission,
proposed amendments shall be considered for public hearings twice a year.
(b) At least fifteen (15) days prior to the public hearing, the Planning
Commission shall give notice thereof to the petitioner and also by publishing at
least once in a newspaper of general circulation published in the County the
time, date and place of such hearing, its purpose and a description of any
property which may be involved.
- The Planning Commission shall conduct public hearings on proposed General
Plan amendments only during the months of January and July. At any public
hearing, any number of petitions may be heard provided that each petition is
heard separately. In the event the proposed amendments cannot all be heard in
those months, the Planning Commission shall continue the hearing period to the
following month or months.
- Petitions and resolutions accepted by the Planning Commission not later than
sixty (60) days prior to the review months of January and July shall be
considered by the Planning Commission and Council for review and action.
(c) In the case of a petition for amendment of the General Plan Land Use
Map, the petitioner, at least twelve (12) days prior to the scheduled date of
such hearing, shall either hand deliver written notice to persons listed on the
current Notice of Property Assessment Card File located at the Real Property
Division of the Department of Finance of the County of Kauai, or mail, by
certified mail, written notice to the addresses shown on such Notice of Property
Assessment Cards, for at least eighty-five percent (85%) of all parcels of real
property within (300) feet from the nearest point of the premises involved in
the application to the nearest point of the affected property. For the purposes
of this paragraph, notice to one co-owner shall be sufficient notice to all
other co-owners of the same parcel of real property. For each condominium
project within the affected area, one notice of the hearing shall be sent
addressed “To the Residents, Care of the Manager”, followed by the name and
address of the condominium involved. The notice shall include the following
information and shall be in a form approved by the Planning Director:
At least seven (7) days prior to the hearing date, the petitioner shall file
with the Planning Commission an affidavit as to the mailing or delivery of such
notice and a list of persons to whom such notices were sent.
- description or sketch of property involved; and
- explanation of the amendment process with emphasis on forthcoming Council
Should the petitioner fail to submit the affidavit within the time required,
the public hearing shall be postponed, and the Planning Commission shall
reschedule another hearing within sixty (60) days of the postponed hearing. The
petitioner shall be required to pay for the republication costs and shall follow
the notice requirements of this paragraph in the renotification of all persons
(d) Where specific General Plan amendments are initiated by the Planning
Commission or the Council, the public hearing notice requirements of subsection
(c) above shall apply, except that, in the consideration of General Plan
Updates, the requirements of subsection (b) above shall apply.
(e) The Planning Department shall mail a copy of the resolution or petition
initiating the change together with other relevant information and a request for
comments, to community associations and other civic organizations that have
filed written requests with the Planning Department.
Sec. 7-3.4 Consideration. Prev.
In considering an amendment that proposes to change the General Plan
Ordinance or the text or maps of the General Plan, the Planning Commission shall
consider the purpose and probable outcomes of the proposed amendment in relation
to the various provisions of the General Plan. In order to recommend adoption of
an amendment to the General Plan, the Planning Commission must find that the
amendment is consistent with other elements of the General Plan and that it
advances the health, safety and general welfare of the people of Kauai.
Sec. 7-3.5 Planning Commission
After the conclusion of the public hearing the Planning Commission shall
recommend approval, approval with modifications, or denial of a proposed
amendment and shall submit a report of its findings and recommendation to the
Such report shall be submitted within ninety (90) days after the public
hearing, or within such longer period as may be agreed upon by the Planning
Commission and the initiator of the proposed amendment.
Sec. 7-3.6 County Council Action.
Within seventy-five (75) days after receipt (time stamp) of the Planning
Commission report, the Council shall hold a public hearing and shall give notice
thereof by one (1) publication in a newspaper of general circulation published
within the County at least fifteen (15) days prior to such hearing. After
conclusion of the hearing, the Council may adopt the proposed amendment or any
part thereof by a majority vote of the Council in such form as said Council
deems advisable. A proposed amendment that does not receive affirmative action
by a majority of the Council shall be deemed denied
When an amendment initiated by petition is denied, the same or a
substantially similar amendment may not be initiated by petition sooner than one
(1) year following such denial.
Sec. 7-3.7 Withdrawal; Abandonment.
Any petition for an amendment may be withdrawn upon the written application
of the initiator. The Council or the Planning Commission, as the case may be,
may, by motion abandon any proceedings for an amendment initiated by its own
resolution or intention.
Such withdrawal or abandonment may be made only when such proceedings are
before such body for consideration.
ARTICLE 4. TRANSITION
Sec. 7-4.1 Existing Zoning and Subdivision
(a) All existing zoning amendment ordinances, including but not limited to
all existing land use permits, and all existing subdivisions, shall continue to
remain in effect following the enactment of this ordinance.
(b) Existing land use regulations, including but not limited to those in the
Special Development Plans, the Comprehensive Zoning Ordinance, and the
Subdivision Ordinance, shall continue to regulate the use of land within
demarcated zoning districts until such time as the ordinances may be amended to
be consistent with the General Plan.
(c) Notwithstanding adoption of the General Plan, land use permits and
subdivisions shall continue to be subject only to applicable ordinances and
rules and regulations in effect at the time the application is accepted for
SECTION 3. After adoption of this
ordinance, the Planning Department shall print in bound form, sufficient copies
of this ordinance together with the plan document, as amended and finally
adopted by the County Council. The brackets, bracketed material, and
underscoring need not be included. The Planning Director, with the approval of
the County Attorney, may correct any manifest clerical or typographical errors
in the final plan document before its publication.
SECTION 4. Severability. If any provision of this
ordinance or the application thereof to any person or property or circumstances
is held invalid, such invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are
declared to be severable.
SECTION 5. Effective
Date. This ordinance shall take effect upon its
||/s/ DARYL W. KANESHIRO
September 20, 2000
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy
of Bill No. 1957, Draft 2, which was passed on second and final reading by the
Council of the County of Kauai at its meeting held on November 29, 2000, by the
||Baptiste, Kaneshiro, Swain, Tokioka, Valenciano, Kouchi
||TOTAL - 6,
||TOTAL - 1,
|EXCUSED & NOT VOTING:
||TOTAL - 0.
|November 30, 2000
||/s/ Peter A. Nakamura
||County Clerk, County of Kauai
Chairman & Presiding Officer
|DATE OF TRANSMITTAL TO MAYOR:
|November 30, 2000
|Approved this 30th day of November, 2000.
|/s/ Maryanne W. Kusaka
Users should confirm
the accuracy of the information with the hardcopy ordinances published according
to law. Copies of individual ordinances are available from the County Clerk's
Office, phone (808) 241-4188.