The field of historic preservation is closely related to land use planning and its associated regulations, such as zoning, subdivision regulations and design controls. Many of these systems use overlapping terminology, with similar connotations but important distinctions.

“Districts” are specific geographic areas that are regarded as distinct units because of a particular characteristic. In a land use context, there are several types of districts.

Land Use Districts

In Hawai‘i, the State Land Use Law (Chapter 205, Hawai`i Revised Statutes) was adopted in 1961, establishing a framework of land use management and regulation in which all lands in the State are classified into one of four land use districts: Urban, Rural, Agriculture or Conservation.

Within these broad districts, more specific regulations occur.

  • Urban districts are primarily under the jurisdiction of the respective Counties, which control them through County ordinances or rules
  • Rural districts have shared jurisdiction between the State and County
  • Agricultural districts are under the jurisdiction of the State Land Use Commission
  • Conservation districts are administered by the State Board of Land and Natural Resources

Zoning Districts

Zoning is the control of the use of land and buildings. It is comprised of two parts: a map showing the geographic area where a “zone” applies, and the language that describes the allowed uses and buildings within that zone.

Since first established in the early 20th century, traditional zoning regulation was based on allowed uses—such as Residential, Commercial and Industrial—and separating those uses (so that, for example, a slaughterhouse would not be allowed in a residential neighborhood). Over time, many municipalities have added a mix of uses that may be allowed or required in some circumstances.

Zone District language also addresses development standards, such as the type, density and scale of the allowed use. These development standards are usually described in terms of the extremes: smallest allowable lot size or maximum allowable height. They may also address location of buildings on the lot through setback or build-to lines, minimum required amount of open space, bulk and mass envelopes, and parking requirements.

Special Districts or Overlay Zones

In some circumstances, an area will contain a particularly sensitive resource or be identified for additional protection. One common tool to protect special areas is an “overlay” zone, which operate in addition to (not instead of) the underlying zoning.

These overlays may be used for natural resource protection (e.g. hillside, wetlands, habitat or geologically sensitive areas), scenic views, or aesthetic values of an area. Many municipalities have adopted overlays to protect historic areas or other areas of special concern.

In addition to the development standards controlled by the zone district, the overlays may limit some characteristics, such as height to protect a view or neighborhood scale. They may also require additional architectural standards and criteria. These are usually in the form of design guidelines with criteria to establish compatibility with the setting, context and common stylistic features.

Some examples of Special Districts are the Lahaina Historic District and the Lāna‘i Business Country Town Design District in Maui County; and the Chinatown, Diamond Head, Hale‘iwa, Capital, Punchbowl, Thomas Square and Waikīkī special districts on O‘ahu. Kaka‘ako and ‘Ewa Villages are also special design districts.

Historic Districts

Historic designations are based on types of properties: buildings, structures, sites, objects or districts.

The National Register of Historic Places definition states that a district is a geographically-definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. In addition, historic districts consist of contributing and non-contributing properties. Historic districts possess a concentration, linkage or continuity of the other four types of properties. Objects, structures, buildings and sites within a historic district are usually thematically linked by architectural style or designer, date of development, distinctive urban plan, and/or historic associations.

A historic district may be listed on the Hawai‘i Register of Historic Places by the State’s Hawai‘i Historic Places Review Board (e.g. ‘Ewa Sugar Plantation Villages). A local historic district may be designated by a County through a County Council ordinance (e.g. Wailuku, Maui). A district may also be designated on the National Register of Historic Places through a program managed by the National Park Service (e.g. Kunia Villages Historic District or the Hawai‘i Capital District).

According to Duerksen, “Good local historic preservation regulations have several characteristics.

  • First, they are based on a solid inventory of historic resources and the features that are important to preserve.
  • Second, they have fairly objective standards that guide property owners, staff and the review board. The standards clearly identify how new buildings or changes to old buildings can be designed to be compatible with the district.
  • Third, they set out a fair and efficient review process.

Good local historic preservation regulations also recognize the change will occur, and that the challenge is to accommodate change in a way that protects the historic resources.”

Other Land Use Regulations and Incentives

According to Platt, “Zoning is certainly not the only land use regulatory measure available to local governments. They also possess important powers to regulate land subdivision; to enforce building code requirements; to regulate the use of floodplains, wetlands, or seismic risk areas; to designate historical districts; to control signs…. They may also utilize tax incentives and other devises to encourage desired land use patterns.”

All of Hawai‘i’s Counties offer property tax exemptions to designated historic residential properties. Honolulu also offers a 50% tax exemption to designated historic commercial properties. Federal tax incentives are available for the rehabilitation of income-producing historic buildings and for voluntarily restricted the possible demolition or redevelopment of historic buildings through perpetual preservation easements.

References:

Duerksen, Christopher J., Dale, Gregory C. and Elliott, Donald L. “The Citizen’s Guide to Planning.” American Planning Association: Chicago. 2009

Hagman, Donald G. and Juergensmeyer, Julian Conrad. “Urban Planning and Land Development Control Law.” West Publishing Co.: St. Paul. 1986.

Platt, Rutherford H. “Land Use and Society: Geography, Law and Public Policy.” Island Press: Washington D.C.  1996

National Register of Historic Places. https://www.nps.gov/subjects/nationalregister/index.htm Accessed 8 April 2019.

State of Hawai‘i Land Use Commission. State Land Use Districts. http://luc.hawaii.gov/about/state-land-use-districts/ Accessed 8 April 2019.