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The Data Center Divide

Honolulu County

Neutral Data Center Policies

Honolulu County classifies data storage centers as general offices, which may clarify their zoning treatment; ordinary zoning and permitting rules still apply, with no data-center-specific incentives or protections.

current law · County measure
Classifies data storage centers as general offices, rather than as a separate data-processing use, so they follow the zoning rules for general offices.Honolulu Land Use Ordinance (ROH Chapter 21), § 21-10.1 — Office, General

What this means

The proposal explicitly classifies data storage centers as general office uses, which may make their zoning treatment clearer. It does not offer data-center-specific incentives or protections, and ordinary zoning and permitting rules still apply, so the benefit appears minor.

People behind it

  • Introduced Bill 10 (2022), CD2.

  • Mayor identified for approval of the ordinance.

  • Approved the measure as to form and legality.

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  • Administers provisions of the measure, including reviewing applications and adopting rules where authorized.

Restrictions & requirementsHide restrictions & requirements8
  • The measure defines data storage centers as part of “general office” use, so a data center may operate only in zoning districts where general office is permitted under Table 21-5.1 and must comply with the applicable office-use standards (general office definition includes data storage centers).

  • General office uses in apartment mixed-use and industrial mixed-use districts are subject to the applicable commercial-use density limits and floor-area-ratio controls (the density requirements of Table 21-3.3 and Section 21-3.90-1(c)(4) apply).

  • Unless exempt because of location, a data center treated as general office must provide one off-street parking space per 500 square feet of floor area. No parking is required in the Primary Urban Center or ʻEwa Development Plan areas, except in residential, agricultural, and preservation districts, or within one-half mile of an existing or future rail station or in a transit-oriented development special district (the minimum off-street parking ratios shown below in Table 21-6.1 apply).

  • A data center on a zoning lot exceeding 7,500 square feet must provide office loading spaces based on floor area: one space for 20,000–50,000 square feet, two spaces for 50,001–100,000 square feet, and one additional space for each additional 100,000 square feet or major fraction thereof (off-street loading requirements apply to all zoning lots exceeding 7,500 square feet).

  • Commercial or industrial data-center development may not use an exterior public-address system or other outdoor voice or music amplification device when the zoning lot is adjacent to a country, residential, apartment, apartment mixed-use, or resort zoning district (no public address system or other devices for reproduction or amplifying voices or music).

  • Commercial or industrial data-center lighting must use full-cutoff fixtures that prevent direct illumination onto adjacent country, residential, apartment, apartment mixed-use, or resort zoning districts (lighting must be shielded with full cut-off fixtures).

  • Data centers classified as commercial or industrial uses must provide required screening or buffering when adjacent to specified residential-type districts. Depending on the district, this can require a six-foot solid wall, a landscaped buffer at least five feet wide with a 42-inch hedge, or an equivalent six-foot screening hedge (must be screened from any adjacent zoning lot).

  • Rooftop machinery and equipment serving a data center must generally be screened from view in all directions, including from above. The exemption for industrial zoning districts applies only to machinery on structures or portions of structures less than 150 feet high (all rooftop machinery and equipment).

Benefits & exceptionsHide benefits & exceptions11
  • Data storage centers are expressly included within the definition of general office, allowing them to be classified and regulated as an identified office use rather than as an unlisted use. The definition includes data storage centers.

  • Because data centers may be classified as general office uses, they can use the general-office entries in Table 21-5.1, where general office is allowed in specified zoning districts subject to applicable standards. Permissible uses are identified in Table 21-5.1.

  • The measure eliminates minimum off-street parking requirements in the Primary Urban Center and ʻEwa development-plan areas, except for portions in residential, agricultural, and preservation districts. It also eliminates minimum parking within one-half mile of an existing or future rail station and in transit-oriented development special districts. No off-street parking is required in specified areas.

  • Except in residential zoning districts, a project has no minimum parking requirement if at least 50 percent of its parking spaces are unbundled from the cost of renting, leasing, or purchasing the associated commercial space. If at least 50 percent of the parking spaces provided by a project is unbundled.

  • Required parking, loading, and bicycle spaces may be provided remotely, with remote parking generally allowed within 2,640 feet by customary pedestrian routes. Remote facilities may also be used with joint-use parking arrangements, subject to the stated recording and access requirements. Required parking spaces, loading spaces, or bicycle parking spaces may be located off the premises.

  • Joint-use parking can reduce the combined parking requirement for multiple uses through the matrix in Table 21-6.2, including reductions to 80 or 90 percent for specified combinations and for projects with three or more uses. The number of required parking and loading spaces may be reduced.

  • Outside the preservation, agricultural, country, and residential districts, no parking is required for additional floor area of up to 15,000 square feet per zoning lot; this allowance may be used only once on the same zoning lot. Off-street parking spaces will not be required for additional floor area up to 15,000 square feet.

  • The measure creates small and medium utility classifications that cover onsite utility services for commercial or industrial sites, including energy generation, storage, control, and electrical equipment. This provides a regulatory framework for data-center power and resilience infrastructure, subject to the applicable zoning permissions and standards. Small utilities include energy generation with supporting storage, control, and electrical equipment.

  • A nonconforming zoning lot does not need to add parking beyond the spaces existing when the ordinance takes effect, although any provided spaces must meet current parking-space standards. This can reduce parking obligations for an existing facility converted to or expanded as a data center. No additional off-street parking spaces are required for nonconforming zoning lots.

  • For a change of use with no increase in floor area, the director may adjust parking or loading requirements when the change would otherwise require no more than three additional parking spaces or one loading space, provided there is no reasonable way to provide the additional spaces and other conditions are satisfied. The director may adjust the number of additional parking or loading spaces required.

  • If a legally established data center use later becomes nonconforming because of a zoning amendment, the nonconforming-use rules allow it to continue, subject to limits on expansion, hours, and changes in use. The measure also permits ordinary repairs to structures serving a nonconforming use. Nonconforming uses may be continued.

Sources

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