§15-22-60  Purpose and intent.  The purpose of this subchapter is to set forth standards relating to development which are generally applicable to any use or site, irrespective of the land use zone in which it is located.  It is the intent that where the requirements of this subchapter conflict with the planned development provisions of subchapter 4 of this chapter, the planned development provisions shall take precedence insofar as they may modify these provisions.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)
 

 §15-22-61  Density.  (a)  The floor area ratio (FAR) for any development lot within any land use zone shall not exceed 1.5; provided that additional FAR is permitted pursuant to the planned development provisions of subchapter 4.
 (b) Notwithstanding subsection (a) above, for any base zone development which provides industrial use, nursing facilities, assisted living administration and ancillary assisted living amenities, a bonus, not to exceed 0.3 FAR, shall be permitted for the amount of the industrial use, nursing facilities, assisted living administration and ancillary living amenities provided.  The bonus for assisted living administration functions and ancillary assisted living amenities shall be limited to one-third of the net area of nursing facilities.  The net area shall not include kitchen, dining and mechanical areas.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90, am 12/15/94, am 11/25/96, am 8/1/97] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-61 is based substantially upon §§15-17-34, 15-17-54, and 15-17-74.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-62  Heights.  (a)  No portion of any building or other structure located within any land use zone shall exceed forty-five feet in height; provided that additional height is permitted pursuant to the planned development provisions of subchapter 4.
 (b) The height of any structure shall be measured from ground elevation, except where finish grade is higher than ground elevation in order to meet City construction standards for driveways, roadways, drainage, sewerage and other infrastructure requirements.
 (c) The following building elements or features and associated screening shall be exempt from height limits subject to the following restrictions:
(1) Necessary utilitarian features including stairwell enclosures, safety railings, ventilators, and skylights; decorative or recreational features, including rooftop gardens, planter boxes, flag poles, spires, parapet walls or ornamental cornices; roof-mounted mast, whip and dish antennae; and energy-saving devices, including heat pumps and solar collectors, may exceed the height limit by not more than twelve feet; and
(2) Vent pipes, fans, roof access stairwells, and structures housing rooftop machinery, such as elevators and air-conditioning; and chimneys, may exceed the height limit by not more than eighteen feet.
 (d) Miscellaneous building elements may exceed the height limit subject to the zoning adjustment process specified in §15-22-21.
 (e) Rooftop features which principally house elevator machinery and air-conditioning equipment may extend above the governing height limit for structures subject to the zoning adjustment provision set forth in §15-22-21 and the following conditions:
(1) If the elevator cab opens on the roof, machinery may not be placed above the elevator housing.
(2) The highest point of the rooftop feature shall not exceed five feet above the highest point of equipment structures.
(3) Areas proposed to be covered by the rooftop feature will not be counted as floor area, provided they are used only for the housing of rooftop machinery.
 (f) On lands designated MUZ-RA, the following height limits shall be required for improvements to nonconforming properties and for basic development of detached dwellings or duplex units:
(1) Notwithstanding view corridor requirements along front yards, any portion of a structure exceeding twenty feet shall be set back from the front yard
 buildable area boundary line one foot for every two feet of additional height over twenty feet.
(2) Along side and rear yards, any portion of a structure exceeding fifteen feet shall be set back from every side and rear buildable area boundary line one foot for every two feet of additional height over fifteen feet.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90, am 12/15/94] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-62 is based substantially upon §§15-17-33, 15-27-53, and 15-17-73.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-63  Yards; general.  (a)  Yard widths shall be measured perpendicular to lot lines, except that front yards shall be measured perpendicular to the street right-of-way or the established street setback line, whichever is the greater distance from the street center line.
 (b) All required yards shall be landscaped.
 (c) Front yard uses for commercial activities including cafes, bistros, and restaurants shall be allowed on any required front yard.  These uses may occupy up to fifty per cent of the lot frontage.  Front yard areas not used for these purposes shall be maintained in accordance with applicable rules.
 (d) Permitted uses within all front yards are as follows:
(1) Outdoor dining areas which are covered with umbrellas, awnings or trellises but remain open on the sides during business hours;
(2) Public utility poles, and backflow preventers;
(3) Customary yard accessories;
(4) Dispensers for newspaper sales and distribution;
(5) Fences and retaining walls as provided in subsections (e) and (f) below;
(6) Public utility facilities not exceeding six feet in height from existing grade and screened with landscaping;
(7) Bus stop shelters;
(8) Bicycle parking, including a fixed bicycle rack for parking and locking bicycles; and
(9) Other structures not more than thirty inches in height.
 (e) Retaining walls containing a fill within required yards shall not exceed a height of six feet, provided that retaining walls within required front yards shall not exceed a height of thirty inches.  A safety railing or fence may be erected on top of the retaining wall.  The safety railing shall not be capable of retaining earth or exceed forty-two inches above the finish grade of the fill on the inside of the retaining wall.  The executive director may allow modification of the maximum height on a finding that additional height is necessary because of safety or topography.  In granting the additional height, the executive director may impose reasonable conditions.  Walls and fences may project into or enclose any part of any yard except a required front yard; provided that the fence or wall shall not exceed a height of six feet, except that walls and fences constructed by public agencies or public utilities may be topped with security wire to a height of ten feet.
 (f) A retaining wall which protects a cut below the existing grade may be constructed within a yard.  A safety railing or fence, not to exceed forty-two inches in height and not capable of retaining earth, may be constructed on top of the retaining wall.
 (g) Except as specifically provided otherwise, roof overhangs, eaves, sunshades, sills, frames, beam ends, projecting courses, planters, awnings, and other architectural embellishments or appendages with less than a thirty-inch vertical thickness may project no more than four feet into the required distance of a yard or setback.  Exterior balconies, lanais, portes-cochere, arcades, pergolas, or covered passageways are not permitted within required yards or setbacks.
 (h) Parking and loading including any related maneuvering area or aisle shall not be allowed in any required yard or street setback area, except for the following:
(1) In MUZ-RA zones, base zone developments for detached dwellings and duplex units may have parking in front and side yards.
(2) In the central Kakaako service business precinct, base zone developments may have parking spaces that overlap required side yards by three feet if wheel stops are installed; and
(3) In base zone developments other than (1) and (2) above, parking spaces may overlap required front and side yards by three feet if wheel stops are installed.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90, am 12/15/94, am 1/25/97, am 1/13/00]
 (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-63 is based substantially upon §§15-17-32, 15-17-52, 15-17-72, and 15-17-143.  [Eff 2/27/82; am 1/21/83; R 9/8/86]
 

 §15-22-63.1  Front yards.  (a)  Except as provided herein, the minimum front yard for each development lot shall be fifteen feet.  Every yard bounded by a street shall be a front yard except as provided herein.
 (b) For development lots with frontage on Punchbowl Street, King Street or South Street within the area bounded by Punchbowl Street, King Street, South Street and Pohukaina Street, the minimum front yard shall be twenty feet.
 (c) For development lots with frontage on King Street and between Pensacola and Piikoi Streets proposed for improvements to nonconforming property or for base zone development the minimum front yards along King, Piikoi and Pensacola Streets shall be five feet.
 (d) For base zone developments within the central Kakaako service business precinct, the boundaries for which are set forth in the exhibit entitled "Central Kakaako Service Business Precinct", dated August 1994, at the end of this chapter, the minimum front yard shall be five feet.
 (e) For improvements to nonconforming properties and for base zone developments of detached dwellings, duplex units, or commercial uses on lands designated MUZ-RA, front yards shall be ten feet in depth.  For development lots bounded by more than one street, the owner may designate a single yard as a front yard.  [Eff 12/15/94, am 12/2/95] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)
 

 §15-22-63.2  Side and rear yards.  (a)  Except as provided herein, the minimum side and rear yards for structures containing windows or openings facing side or rear property lines shall be ten feet for side yards and ten feet for rear yards.  For structures without windows or openings facing side or rear property lines, no side or rear yard shall be required.
 (b) For development lots with frontage on King Street and between Pensacola and Piikoi Streets proposed for improvements to nonconforming property or for base zone development the minimum rear yard shall be five feet.
 (c) For improvements to nonconforming properties and for base zone developments of detached dwellings, duplex units, or commercial uses on lands designated MUZ-RA, side and rear yards shall be as follows:
(1) For detached dwellings and commercial uses--five feet; and
(2) For duplex lots--five feet for any portion of any structure not located on the common property line.
(d) Parking spaces may extend to side and rear property lines through the zoning adjustment process specified in section 15-22-21, subject to the following conditions:
(1) An area or areas of required yards equivalent to the area to be used for parking or accessory use structures is provided elsewhere on the zoning lot.  This equivalent area shall be maintained in landscaping, except for drives or walkways necessary for access to adjacent streets.  Parking may overhang yard areas up to three feet if wheel stops are installed.  A minimum of fifty per cent of the equivalent area shall be contiguous to the street frontage abutting the zoning lot.
(2) Any parking floor situated within ten feet of the property line shall not be more than four feet above existing grade.  [Eff 12/15/94, am 12/2/95, am 1/13/00] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)
 

 §15-22-64  Open space.  (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; and
(3) Not to be used for driveways, loading purposes or storage, or for the parking of vehicles.
 (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 any open space shall not exceed four feet from the sidewalk elevation.
 (c) For any development lot within any land use zone:
(1) The minimum amount of open space shall be the lower of:
(A) Ten per cent of the lot area; or
 (B) Twenty-five per cent of the lot area less required yard areas.
(2) Up to twenty-five per cent of the minimum required open space may include an adjacent front yard provided that the open space is:
(A) Entirely in one location;
(B) Publicly accessible or visible from an adjacent street; and
(C) Proportioned to a maximum length-to-width of 2:1.
 (d) Notwithstanding subsection (c), the following shall establish the minimum open space:
(1) Within the area bounded by Punchbowl Street, King Street, South Street and Pohukaina Street, the minimum amount of open space shall be as set forth in subsection (c)(1)(B).
(2) Base zone developments required to provide more than one adjacent front yard setback shall not be required to provide open space.
(3) Within the area designated as MUZ-RA, base zone developments for detached dwellings and duplex units shall not be required to provide open space.
(4) Open space requirements for base zone developments on lots of 20,000 square feet or less shall be according to the following table.  For lot areas between 10,000 and 20,000 square feet, the minimum open space is proportional to the parameters of the lots enumerated in the following table:

 Lot Area Minimum Open Space
(square feet)    (Per cent of lot area)

20,000 10
  15,000   5
  10,000 or less 0

[Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 1/25/97] (Auth:  HRS §§206E 4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E 7)

Historical note:  §15-22-64 is based substantially upon §§15 17-35, 15-17-55, and 15-17-75.  [Eff 2/27/82; am 1/21/83; R 9/8/86]
 

  §15-22-65  Recreation space.  (a)  Recreation space is that portion of a development lot, exclusive of required yards, setback areas, or parking areas which is:
(1) Designed for the exclusive use of the residents, employees, or visitors of the property;
(2) Either outdoors or indoors within the development; and
(3) Located at any elevation.
 (b) Development lots within any land use zone with 20,000 square feet or more of land area shall provide fifty-five square feet of recreation space per dwelling unit.
 (c) The required on-site recreation space, if provided outdoors, may be used to satisfy a portion of the open space requirement as set forth in §15-22-64.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 3/27/97] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-65 is based substantially upon §§15-17-36, 15-17-56, and 15-17-76.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-66  View corridors.  (a)  The purpose of this section is to provide view corridors along certain streets within the district in order to protect the scenic views of the mountains, sea, and sky, to provide visual relief of building masses, and to allow light and air at the street level.
 (b) There are hereby established view corridor streets, as designated in the exhibit entitled "View Corridor Streets", dated April 1999, at the end of this chapter.  Except for upper-level pedestrianways approved by the authority, all developments along the view corridor streets within the mauka area shall be subject to the view corridor setbacks set forth in the exhibit entitled "View Corridor Setbacks", dated June 1994, at the end of this chapter.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 7/26/90, am 12/15/94, am 3/27/97, am 9/19/97, am 8/16/99] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-17-66 is based substantially upon §15-17-137.  [Eff 2/27/82; R 9/8/86]
 

  §15-22-67  Off-street parking.  (a)  Except as otherwise provided in this chapter, the minimum number of required off-street parking spaces for development lots within any land use zone shall be as specified in the following table:

OFF-STREET PARKING REQUIREMENTS

Uses   Requirements 
 
Auditoriums   0.9 per 300 sq. ft. of assembly area or 0.9 per 10 fixed seats, whichever is greater

Churches, funeral services,
  mortuaries, and theaters 0.9 per every five fixed seats or 50 sq. ft. of general assembly area, whichever is
  greater

Consulates 0.9 per dwelling or lodging unit, plus 1 per 444 sq. ft. of office floor area, but no
less than 4

Day-care facilities 0.9 per 10 enrollment capacity

Eating and drinking
  establishments 0.9 per 300 sq. ft. of eating and drinking area, plus 0.9 per 25 sq. ft. of dance
  floor area, plus 1 per 444 sq. ft. of kitchen or accessory area

Schools:  elementary and
  intermediate 0.9 for each 20 students of design capacity, plus 1 per 444 sq. ft. of office floor
area

Schools:  high, language,
  vocational, business,
  technical and trade,
  colleges or universities 0.9 for each 10 students of design capacity, plus 1 per 444 sq. ft. of office floor
  area

 
Nursing and convalescent
  homes, and special-care
  homes for the elderly and
  people with disabilities   0.9 per four patient beds, dwelling units or lodging units
 

Multi-family dwellings
  (including reserved
  housing units):
  600 sq. ft. or less   0.9 per unit
  More than 600 but less
  than 800 sq. ft.   1.13 per unit
  800 sq. ft. and over 1.35 per unit
 

Detached dwellings
  and duplex units 2 per unit, plus 1 per 1,000 sq. ft. of floor area over 2,500 sq. ft.

Industrial uses 1 per 889 sq. ft. of floor area

Commercial and all other uses 1 per 444 sq. ft. of floor area
 
 

 (b) The following are to be used in determining the required number of off-street parking spaces:
(1) Where a proposed use is applicable to more than one use listed in the table of subsection (a) above, or where there may otherwise be uncertainty as to the off-street parking requirement for a proposed use, the executive director will review the proposed use and determine its equivalent and applicable off-street parking requirement;
(2) When computation of required parking spaces results in a fractional number, the number of spaces required shall be the nearest whole number;
(3) In churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-four inches of width shall be counted as a seat for the purpose of determining requirements for off-street parking;
(4) All required parking spaces shall be standard-sized parking spaces except that dwelling units may have up to fifty per cent compact spaces;
(5) When a building or premise includes uses incidental or accessory to a principal use, the total number of spaces required shall be determined on the basis of the parking requirements of the principal use or uses, except that if the accessory use creates a larger parking demand than the principal use, the number of required parking spaces shall be determined on the basis of the parking requirement for each respective use; and
(6) For developments containing multi-family dwelling units, the number of required parking spaces shall be in accordance with Act 111, SLH 1986.
 (c) The following are general standards for parking lots or areas:
(1) All parking and drive areas shall be provided and maintained with an all-weather surface, except as otherwise provided in this chapter;
(2) Parking areas, if illuminated, shall be illuminated in such a manner that all light sources are shielded from the direct view of adjacent lots;
(3) Ingress and egress aisles shall be provided to a street and between parking bays, and no driveway leading into a parking area shall be less than twelve feet in width, except that driveways for detached dwellings and duplex units shall be no less than ten feet in width.  In addition, minimum aisle widths for parking bays, except mechanical parking areas, shall be provided in accordance with the following table:
 

  Parking Angle   Aisle Width
(in degrees)     (in feet)

0-44 12
45-59 13.5
60-69 18.5
70-79 19.5
80-89 21
90   22

Notwithstanding the foregoing, with a parking angle of ninety degrees, the minimum aisle width may be reduced by one foot for every six inches of additional parking space width above the minimum width of eight feet three inches, to a minimum aisle width of nineteen feet.
(4) Where four or more parking spaces are required, other than for detached dwellings and duplex units, all parking areas shall be designed or arranged in a manner that no maneuvering into any street, alley or walkway is necessary in order for a vehicle to enter or leave the parking space, and which allows all vehicles to enter the street in a forward manner;
(5) All planned developments shall provide parking areas located within a structure.  Parking structures shall contain a roof and walls on at least three sides.  Said walls shall be at least forty-two inches high and shall screen parked vehicles.  Parking located on a roof shall be subject to the zoning adjustment provision set forth in section 15-22-21; and
(6) Base zone developments may have open or uncovered parking at grade.  Base zone developments which provide parking in a structure shall be subject to the enclosed parking requirements set forth in subsection (c)(5) above.  The following requirements shall also apply to base zone developments:
(A) Grade level open or uncovered parking areas with more than ten spaces shall provide at least eight per cent of the gross parking and driveway area as interior parking area landscaping.  Interior parking area landscaping is defined as landscaped areas not counted as open space or required yard setbacks situated between parking stalls.  The interior parking area landscaping shall consist of planter areas, each containing one tree of at least two-inch caliper with ground cover or shrubs at the base dispersed within the parking area.  Trees within the planter area shall be limited to shade or flowering trees such as monkeypod, rainbow shower, poinciana, wiliwili or autographs; and
(B) For new base zone developments or enlargement of nonconforming structures, parking may be open or uncovered at grade but shall be buffered or screened from any right-of-way by a hedge of at least forty-two inches in height, provided said hedge shall not be required for vehicular sales or rental establishments.  The hedge may be located in required yards or open space.  Cars shall not be parked so as to protrude into required yards or open space except as provided by section 15-22-63.2 (d).
 (d) The following are general standards for parking spaces:
(1) All spaces shall be individually marked if more than four spaces are required.  Compact spaces shall be labeled "compact only";
(2) All spaces shall be unobstructed, provided a building column may extend a maximum total of six inches into the sides of the parking space.  A wall is not considered a building column;
(3) Standard-sized parking spaces shall be at least eighteen feet in length and eight feet and three inches in width with parallel spaces at least twenty-two feet in length;
(4) Compact spaces shall be sixteen feet in length and seven and one-half feet in width with parallel spaces at least nineteen feet in length;
(5) All spaces shall be so arranged that any automobile may be moved without moving another, except that tandem parking shall be permissible in instances where two parking spaces are assigned to a single dwelling unit, the parking spaces are used for employee parking, where all parking is performed by an attendant at all times, or for public assembly facilities and temporary events, including church services and activities where user arrivals and departures are simultaneous and parking is attendant-directed.  Tandem parking for employee parking shall be limited to a configuration of two stacked parking stalls and at no time shall the number of parking spaces allocated for employees exceed twenty-five per cent of the total number of required spaces.
 (e) Mechanical means of providing parking spaces or access thereto, is permitted provided the following conditions are met:
(1) Adequate waiting and maneuvering spaces are provided on the lot in order to minimize on-street traffic congestion, subject to the approval of the executive director;
(2) All mechanical equipment shall be visually screened by architectural or landscape treatments.
 (f) Parking for the physically disabled shall comply with applicable Federal, State, and County standards, rules, and regulations for the physically disabled.  Public projects shall comply with section 103-50, HRS.
 (g) A conditional use permit for joint use or off-site parking facilities described in subsection (h) may be granted by the executive director.  A developer, owner or lessee holding a recorded lease for the property, the unexpired term of which is more than five years from the date of filing of the application may qualify for a conditional use permit.  Applications shall be accompanied by:
(1) A plan drawn to scale, showing the actual dimensions and shape of the lot, the sizes and locations on the lot of existing and proposed structures, if any, and the existing and proposed uses of structures, parking and open areas;
(2) A plan describing the method and manner in which the proposed use or tenant will fulfill the requirements of subsection (h); and
(3) Any additional information requested by the executive director relating to topography, access, surrounding land uses, written agreements and other matters as may reasonably be required in the circumstances of the case.
 (h) In the event a conditional use is granted for the number of off-street parking spaces required by this chapter, said required parking spaces shall be provided on site as joint use of parking facilities or in off-site parking facilities.
(1) Joint use of parking facilities:  Joint use of off-street parking facilities may be allowed, provided that:
(A) The distance from the entrance of the parking facility to the nearest principal entrance of the establishment or establishments involved in such joint use shall not exceed 400 feet by normal pedestrian routes;
(B) Parking spaces involved in joint use shall not be set aside exclusively for compact cars, valet parking, or particular user groups or individuals;
(C) The amount of off-street parking which may be credited against the requirements for the use or uses involved shall not exceed the number of spaces reasonably anticipated to be
 available during differing periods of peak demand; and
(D) A written agreement assuring continued availability of the number of spaces for the uses involved at the periods indicated shall be drawn and executed by the parties involved, and a certified copy shall be filed with the authority.  No change in use or new construction shall be permitted which increases the requirements for off-street parking space unless such additional space is provided.
(E) The joint use arrangement is logical and practical and will not adversely affect adjacent developments or uses or result in impacts other than which could be reasonably anticipated if standard off-street parking provisions were applied.
(2) Off-site parking facilities:  Off-site parking facilities may be allowed, provided that:
(A) The distance from the entrance to the parking facility to the nearest principal entrance of the establishment or establishments involved shall not exceed 400 feet by normal pedestrian routes; and
(B) A written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy shall be filed with the authority.  Said agreement shall generally provide that if the amount of parking spaces is not maintained, or space acceptable to the executive director substituted, the use, or such portion of the use as is deficient in number of parking spaces, shall be discontinued.  No change in use or new construction shall be permitted which increases the requirements for off-street parking unless such additional space is provided.
(C) The off-site parking arrangement is logical and practical and will not adversely affect adjacent developments or uses or result in impacts other than which could be reasonably anticipated if standard off-street parking provisions were applied.
  (i) Changes in use that would otherwise require the addition of no more than three parking spaces may be approved subject to the zoning adjustment provision set forth in §15-22-21 and the following conditions:
(1) There are no reasonable means of providing the additional parking spaces which would otherwise be required, including but not limited to joint use of parking facilities and off-site parking facilities; and
(2) There was no previous grant of an adjustment from parking requirements on the lot pursuant to this subsection.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90, am 12/15/94, am 1/13/00] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-67 is based substantially upon §§15-17-37, 15-17-57, 15-17-77, and 15-17-152.  [Eff 2/27/82; am 1/21/83; am 5/31/84; R 9/8/86]
 

 §15-22-68  Off-street loading.  (a)  Except as otherwise provided in this chapter, the off-street loading requirements herein specified shall apply to all development lots exceeding five thousand square feet based on the class or kind of uses to which the lot is to be placed.  In addition, in connection with planned development permits involving such classes or kinds of uses, special requirements may be imposed.
 (b) Any building existing on February 27, 1982 and which is subsequently altered to increase floor area shall provide off-street loading spaces for the area proposed to be constructed as indicated in the chart in subsection (c) below.
 (c) In the event a building is used for more than one use, and the floor area for each use is below the minimum requiring a loading space, as set forth in the table below, the required loading space or spaces shall be determined by taking the aggregate floor area of the several uses and applying the requirements of the use category requiring the greatest number of loading spaces.
 

 
  Loading
  Use or   Floor Area   Space
Use Category    (in square feet) Requirements

Retail stores, 2,000 - 10,000 one
 eating and 10,001 - 20,000 two
 drinking 20,001 - 40,000   three
 establishments,   40,001 - 60,000   four
 wholesale   Each additional 50,000
 operations,   over 60,000 one
 warehouse,
 business services,
 personal services,
 repair, general
 service,
 manufacturing,
 or industrial
 establishments.

Hospitals or 5,000 - 10,000 one
 similar 10,001 - 50,000 two
 institutions or 50,001 - 100,000   three
 places of public   Each additional 100,000
assembly   over 100,000 one

Funeral home 2,500 - 4,000   one
 or mortuary   4,001 - 6,000   two
Each additional 10,000
over 6,000   one

Offices or   20,000 - 50,000 one
 office 50,001 - 100,000 two
 buildings Each additional 100,000
over 100,000   one

Multi-family 20,000 - 150,000 one
 dwellings 150,001 - 300,000 two
Each additional 200,000
over 300,000   one
 

 (d) Loading space required under this section shall not be in any street or alley, but shall be provided within the building or on the lot.  The following standards shall also apply to loading spaces:
 (1) When only one loading space is required and total floor area is less than 5,000 square feet, the minimum horizontal dimensions of the space shall be 19 x 8-1/2 feet, and the space shall have a vertical clearance of at least ten feet;
(2) When more than one loading space is required, the minimum horizontal dimensions of at least half of the required spaces shall be 12 x 35 feet and have a vertical clearance of at least fourteen feet.  The balance of the required spaces shall have horizontal dimensions of at least 19 x 8-1/2 feet and vertical clearance of at least ten feet;
(3) Each loading space shall be unobstructed and shall be arranged so that any vehicle may be moved without moving the other;
(4) Adequate maneuvering areas and access to a street shall be provided and shall have a vertical clearance not less than the applicable height for the loading space;
(5) All loading spaces and maneuvering areas shall be paved with an all-weather surface;
(6) Where loading areas are illuminated, all sources of illumination shall be shielded to prevent any direct reflection toward adjacent premises;
(7) Loading spaces for three or more vehicles shall be arranged so that no maneuvering to enter or leave a loading space shall be on any public street, alley or walkway;
(8) Each required loading space shall be identified as such and shall be reserved for loading purposes;
(9) No loading space shall occupy required off-street parking spaces or restrict access; and
(10) No loading space or maneuvering area shall be located within a required yard.
 (e) An adjustment of up to fifty per cent of the required number of loading spaces may be allowed when such spaces are assigned to serve two or more uses of a single development project jointly, provided that:
(1) Each use has access to the loading zone without crossing any street or public sidewalk; and
(2) The amount of loading spaces which may be credited against the requirements for the use or uses involved shall not exceed the number of spaces reasonably expected to be available during differing periods of peak demand.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90] (Auth:  HRS
 §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-68 is based substantially upon §15-17-139.  [Eff 2/27/82; am 1/21/83; R 9/8/86]
 

 §15-22-69  Signs.  Sign permits shall be processed by the city and county of Honolulu.  Except as otherwise provided, signs shall conform to the "B-2 Community Business District" sign regulations of the land use ordinance.  The city and county of Honolulu shall be responsible for enforcement of the ordinance's provisions, and shall also administer appeals and variances relating to signs.  [Eff 9/8/86, am and comp 1/28/88, comp 2/24/90, am 10/3/94] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-69 is based substantially upon §§15-17-38, 15-17-58, and 15-17-78.  [Eff 2/27/82; am 1/21/83; am 5/11/85; R 9/8/86]
 

 §15-22-70  Architectural criteria.  (a)  All rooftop mechanical appurtenances, stairwells and elevator enclosures, ventilators, and air-conditioning equipment shall be screened from view by architectural or landscape treatments.
 (b) Parking structures shall have a minimum fifteen-foot landscape strip within the front yard setback along adjacent streets.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-70 is based substantially upon §§15-17-39, 15-17-59, and 15-17-79.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-71  Circulation.  (a)  The approval of the executive director or authority shall be required on any addition, deletion, modification or alteration of existing streets shown on the district plan.  The executive director or authority shall consult with other appropriate governmental agencies prior to said approval.
 (b) Public or private mid-block pedestrian or bicycle circulation paths may be required where appropriate in conjunction with development projects.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-71 is based substantially upon §§15-17-40, 15-17-60, and 15-17-80.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-72  Lanai enclosures.  Any area originally approved as a lanai and not included as floor area under the requirements of this chapter shall not be subsequently enclosed without first meeting all applicable requirements relating to the addition of floor area; provided that any proposed lanai enclosure shall be considered by the authority only if the permit application is based on the enclosure of all lanai areas of the original development.
 As a condition to the initial project approval, covenants or other documentation may be required to assure that lanais will not be converted to floor area except in accordance with this section.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-72 is based substantially upon §15-17-155.  [Eff 5/11/85; R 9/8/86]
 

 §15-22-73  Dedication of public facilities.  (a)  This section shall apply to any development within the mauka area that increases an existing development's floor area by more than twenty-five per cent as compared to the development's floor area existing on February 27, 1982 or at the time of application for a development permit, excluding proposed demolitions, whichever is less.
 (b) As a condition precedent to the issuance of a planned development or base zone development permit, the developer shall dedicate land for public facilities for the joint use by the occupants and employees of the development as well as by the public.  The dedication of land for public facilities shall be subject to the maximum ceiling in land or money in lieu thereof calculated in accordance with the formula designated in subsections (d) to (f) herein.  In lieu of dedicating land, the executive director, in the case of base zone developments, or the authority, in the case of planned developments, may permit a developer to pay a fee equal to the value of land which would otherwise have had to be dedicated, or combine the payment of fee with land to be dedicated.  The total value of such combination shall be not less than the value of land which would otherwise have had to be dedicated.
 (c) This section shall not apply to any development undertaken by an eleemosynary organization, to any development for public uses and structures or for a public improvement or any public project, or detached dwellings and duplex units in the area designated as MUZ-RA.
 (d) The amount of land area required to be dedicated for public facilities shall be equal to:
(1) Three per cent of the total commercial and community service floor area of the development to be constructed exclusive of nursing facilities, assisted living administration, and ancillary assisted living amenities that qualify for FAR bonus under sections 15-22-61 and 15-22-116; and
(2) Four per cent of the total residential floor area of the development to be constructed exclusive of floor area devoted to reserved housing units and their associated common areas in proportion with the floor area of other uses.
 (e) If it is determined that dedicating land is not in the best interest of the public, the developer shall pay instead a fee in a sum equal to the fair market value of the land area otherwise required under subsection (d).  The fee shall be payable prior to the issuance of the initial certificate of occupancy and secured by the applicant with a financial guaranty bond from a surety company authorized to do business in Hawaii, an acceptable construction set-aside letter, and/or other acceptable means prior to the issuance of the initial building permit.
 (f) If the area of land approved for dedication is less than the land area required under subsection (d), the developer shall be required to pay a fee equal to the fair market value of the land area which is the difference between the land area dedicated and the land area required under subsection (d) above.
 (g) Payment of fees shall be made to the authority for deposit in a revolving fund to be created and established by the authority.  The authority may expend the moneys in such fund for the purchase, creation, expansion, or improvement of public facilities within the district.  The authority may transfer any portion of those funds to the city for public facilities purposes within the mauka area.
 (h) Valuation of land when fees are to be paid shall be determined as follows:
(1) Valuation shall be based upon the fair market value of the land prior to its development.
(2) In the event that a fair market value cannot be agreed on, the value shall be fixed and established by majority vote of three land appraisers; one shall be appointed by the developer, one appointed by the executive director in the case of base zone development or the authority in the case of planned development, and the third appointed by the first two appraisers.  All appraisers shall have had a minimum of five years of training and experience in real estate appraisal work.  The developer shall be responsible for one-half of the appraisal fees and costs.
 (i) As part of the permit review and approval process of the development, the developer shall file with the authority the necessary deeds of conveyance, free and clear of all encumbrances.
 (j) Nothing contained in this subchapter shall preclude the creation of any improvement district for public facilities, or the imposition of assessments against properties specially benefited within the district.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 3/27/97, am 8/1/97] (Auth:  HRS §§206E-7, 206E-12) (Imp:  HRS §§206E-7, 206E-12)

Historical note:  §15-22-73 is based substantially upon §15-17-136.  [Eff 2/27/82; am 1/21/83; R 9/8/86]
 

 §15-22-74  Prohibition of structures within a mapped street.  (a)  As used in this section, "mapped street" means a highway, road or street designated in the mauka area plan as an existing or future road, street, or highway right-of-way.
 (b) No building or structure shall be erected within the area of any mapped street or its required setback area, except upper-level pedestrianways approved by the authority and awnings which may be allowed to project from nonconforming structures over public property pursuant to section 15-22-15 of this chapter.
 (c) Except as provided in subsection (b) above, if the executive director finds that a building or structure proposed to be erected will be within the boundaries of any mapped street, the planned development or base zone development permit shall be denied and the owner or applicant for the permit shall be notified of the reason for the denial.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 3/27/97, am 1/13/00] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-74 is based substantially upon §15-17-138.  [Eff 2/27/82; am 1/21/83; R 9/8/86]
 

 §15-22-75  Development of properties abutting the Hawaii capital district.  (a)  Any property within the mauka area which abuts the Hawaii capital district shall be designed to be compatible with the sites and structures within the Hawaii capital district.
 (b) Any provision of law to the contrary notwithstanding, all developments within the mauka area which abut the boundaries of the Hawaii capital district shall be subject to design review by the executive director, in the case of base zone developments, or the authority in the case of planned developments.  The design review shall include:
(1) Review of appropriate open space location and building orientation;
(2) Review of appropriate setback requirements; and
(3) Review of architectural facades for any proposed buildings and structures.
 (c) The executive director or authority may impose reasonable conditions to any development.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-75 is based substantially upon §15-17-142.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-76  Utilities required to be underground.  (a)  Public utility companies shall place utility lines underground within the mauka area.
 (b) The requirement in subsection (a) shall not apply to the following types of utility lines and related facilities if the executive director determines that said requirement would create undue hardship.
(1) Poles used exclusively for police and fire alarm boxes, traffic control facilities, street lighting, or similar equipment belonging to or operated by either the State or city and county of Honolulu;
(2) Overhead lines attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building without crossing any street or alley;
(3) Electric distribution or transmission system in excess of forty-six kilovolts;
(4) Electric distribution transformers and related switching and protective equipment mounted on pads of metal poles without crossarm;
(5) Electric distribution circuits of the twelve kilovolt class supported by metal poles without crossarm; and
(6) Communication distribution terminals and television cable apparatuses mounted on pads or above-ground pedestals.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-76 is based substantially upon §15-17-140.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-77  Performance standards.  (a)  No building wall shall contain a reflective surface for more than thirty percent of that wall's surface area.
 (b) Every use shall be so operated that it does not emit an obnoxious or dangerous degree of odor or fumes.
 (c) Any provision in this chapter to the contrary notwithstanding, the rules of the state department of health shall continue to apply to all activities and properties within the mauka area.  These rules shall include, but not be limited to, department of health, chapter 11-43 relating to community noise control for Oahu, chapter 11-11 relating to sanitation, chapter 11-12 relating to housing, chapter 11-34 relating to poisons, chapter 11-39 relating to air conditioning and ventilation, chapter 11-42 relating to vehicular noise control, chapter 11-55 relating to water pollution, chapter 11-57 relating to sewage treatment - private wastewater treatment works, chapter 11-58 relating to solid waste management control, chapter 11-59 relating to ambient air quality standards, and chapter 11-60 relating to air pollution.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 1/13/00] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

 Historical note:  §15-22-77 is based substantially upon §§15-17-116, 15-17-123, 15-17-124, and 15-17-127.  [Eff 2/27/82; R 9/8/86]
 
 

 §15-22-78  Temporary uses.  Temporary structures, such as tents and booths, may be permitted in any zone for periods not exceeding fourteen days, provided that for good reasons, the executive director may grant extensions for an additional fourteen days.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-78 is based substantially upon §15-17-145.  [Eff 2/27/82; am 1/21/83; R 9/8/86]
 

 §15-22-79  Conditional use of vacant land.  The executive director may allow a conditional use of vacant land, provided:
(1) the proposed use is any use permitted within the land use zone except:
(A) that open or uncovered temporary parking at grade may be permitted in all land use zones, and
(B) construction sites, special trade construction and storage yards, and nonextensive yard uses may be permitted in all land use zones where a six-foot screening wall or fence is erected along all public rights-of-way.
(2) the duration of the use is for a two-year period, provided that the executive director may issue extensions of up to two years if the development status of the area has not changed appreciably since the use was initially allowed;
(3) the floor area of any proposed temporary structure does not exceed 0.5 floor area ratio;
(4) the development conforms to the setback and landscaping requirements of this chapter, except for development lots where a screening wall or fence not exceeding six feet in height is erected along all public rights-of-way;
(5) the development conforms to the performance standards of this chapter;
(6) in addition to the design controls listed in this section, the executive director may include additional conditions in the permit to ensure that the development does not adversely affect adjacent property and the appearance of the mauka area.  Conditional use of vacant land permits already issued under this rule may be modified by the executive director at any time in response to valid public concern/complaint, to contain additional conditions for mitigation; and
(7) the proposed use in no way prevents or delays the future development of the property.  [Eff 9/8/86, comp 1/28/88, am 12/10/88, am 1/29/90, am and comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-79 is based substantially upon §15-17-153.  [Eff 1/21/83; am 5/31/84; R 9/8/86]
 

 §15-22-80  Joint development of two or more adjacent zoning lots.  (a)  Whenever two or more lots are developed in accordance with the provisions of this section, they shall be considered and treated as one "development lot" for purposes of this chapter.
 (b) Owners, duly authorized agents of the owners, or duly authorized lessees, holding leases with a minimum of thirty years remaining in their terms, of adjacent lots, or lots directly facing each other but separated by a street, may apply for permission to undertake such a joint development to the authority in the case of a planned development or to the executive director in the case of a base zone development permit.
 (c) In applying for such permission, the landowners, duly authorized agents of the owners, or lessees shall submit an agreement which binds themselves and their successors in title, or lease individually and collectively, to maintain the pattern of development proposed in such a way that there will be conformity with applicable zoning rules.  The right to enforce the agreement shall also be granted to the authority or executive director.  The agreement shall be subject to the approval of the authority or executive director.
 (d) If it is found that the area involved is compact, regular or logical, and that the proposed agreement assures future protection of the public interest and is consistent with the intent of the mauka area plan, the request may be approved.  Upon approval, the agreement, which shall be part of the conditions of development, shall be filed as a covenant running with the land with the bureau of conveyances or the assistant registrar of the land court.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-80 is based substantially upon §15-17-141.  [Eff 2/27/82; am 5/31/84; R 9/8/86]
 

 §15-22-81  Transfer of uses.  (a)  Land uses and reserved housing units required by the mixed-use zone or planned development provisions of this chapter may be transferred from one development lot to one or more adjoining development lots within the mauka area provided that:
(1) The development lots are under the same ownership;
(2) The development lot to which the land use or reserved housing units are transferred shall not exceed its total allowable FAR with the transferred land use and reserved housing units included;
(3) The transferred use shall be permitted within the land use zone to which it is transferred;
(4) Construction shall commence on the development lot to which the land use or reserved housing units are transferred within two years after the development is completed on the development lot from which the use or reserved housing units were transferred, provided that the executive director or authority may grant extensions if the developer can demonstrate that the objectives of this chapter will be satisfied without commencing construction within two years;
(5) The transferred floor area or reserved housing units shall be provided on the development lots involved in the transfer until such time that all the developments are demolished; and
(6) Development of the development lot to which the land use or reserved housing units are transferred, except alterations to nonconforming structures and conditional use of vacant land, shall provide the total floor area of the transferred use or reserved housing units.
 (b) The authority shall obtain written assurance from the landowner that the requirements of this section will be satisfied and such assurance shall be binding upon the landowner and the landowner's heirs or successors in interest and shall be filed as a covenant running with the land in the bureau of conveyances or in the office of the assistant registrar of the land court.
 (c) Failure to satisfy the requirements of this section shall be cause for denial of any development permit for the lots involved in the transfer.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-81 is based substantially upon §15-17-147 [Eff 2/27/82; R 9/8/86] and §15-17-213 [Eff 10/10/83; R 9/8/86]
 

 §15-22-82  Flood hazard district.  The applicable provisions of Article 7 of the land use ordinance relating to flood hazard districts shall apply to all affected activities and properties within the mauka area.  [Eff 9/8/86, am and comp 1/28/88, am and comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-82 is based substantially upon §15-17-151.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-83  Public projects.  The authority may exempt public improvements or projects from the minimum and maximum ratio of residential and commercial floor area requirements of this chapter, provided that the granting of the exemption shall further the purposes and intent of this chapter and the mauka area plan.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 11/25/96] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-83 is based substantially upon §15-17-154.  [Eff 1/21/83; R 9/8/86]
 

 §15-22-84  Repealed.  [R 2/24/90]
 

 §15-22-85  Applications.  (a)  Prior to submitting an application for base zone development or planned development permit, potential applicants may be required to have their projects reviewed by the executive director pursuant to §15-22-10 of this chapter.  Said review shall be completed prior to applying for a development permit.
 (b) A developer shall submit to the authority four copies of a project plan as a part of the application for the base zone development or planned development permit.  The project plan shall satisfy the stated purposes of the permit applied for.
 (c) The project plan shall clearly indicate how the proposed development would satisfy the standards and purposes of this subchapter and the mauka area plan.  In addition to any other information which the applicant may deem necessary to support the application, it shall include the following:
(1) Location map showing the project in relation to the surrounding area;
(2) Site plan showing:
(A) Property lines and easements with dimensions and area;
(B) The proposed building location, elevations, dimensions, sections, and floor plan and site sections to clearly define the character of the project;
(C) Location, elevations, and dimensions of existing buildings;
(D) Topographic information showing existing features and conditions and proposed grading; and
(E) Location and dimensions of existing and proposed easements, conduits, and rights-of-way;
(3) A land use plan showing:
(A) The locations and uses of all buildings and structures, the general bulk and height of all buildings and their relationship to each other and to adjacent areas, the gross floor areas of buildings by type of uses, the ground coverage of all buildings, and the FAR of the project;
(B) A preliminary classification of dwelling units by type and number of bedrooms, the number, size, and location of reserved housing units to be constructed;
(C) The locations and size of vehicular and pedestrian circulation systems (both exterior and interior), identification of public and private areas and their dimensions, the location and dimensions of off-street loading areas and the location of points of access to the site and to public transportation facilities;
(D) The locations and dimensions of parking areas, with calculations of the number of parking spaces;
(E) The location of land to be dedicated for public facilities, or the arrangements for cash in lieu thereof;
(F) The location of land which is intended for common quasi-public, or amenity use but not proposed to be in public ownership, and proposed restrictions, agreements or other documents indicating the manner in which it will be held, owned, and maintained in perpetuity for the indicated purposes;
(G) Landscaping plan; and
(H) Location and amount of all open space and recreation areas;
(4) A detailed statement describing the manner in which the development would conform to the mauka area plan and the purposes and standards of this chapter;
(5) A development program stating the sequence in which all structures, open and amenity spaces, vehicular and pedestrian circulation systems, and community recreational facilities are to be developed;
(6) The relationship, if any, of the development program to the authority's and city and county of Honolulu's capital improvements program;
(7) Analyses of traffic, wind, sun, and noise impacts for planned development projects;
(8) An analysis of the shadows to be cast by all buildings within planned development projects;
(9) A three dimensional study model for planned development projects; and
(10) If the project area is currently occupied by business or residential uses, a relocation analysis will be submitted including the following:
(A) a list of current residents and businesses, compiled by addresses or other locational description,
(B) identification of property managers,
(C) the terms of the leases, including lease periods, lease rents, and expiration dates of leases, and
(D) the net floor area of each residence and business, descriptions of the business activity, and special relocation needs, if any;
(11) The applicant will certify that all tenants will be notified via certified mail of the effective date of lease termination at least 60 days before eviction; and
(12) Any additional information which the executive director may request.
 (d) The completed application shall be filed with the authority.  Decisions for applications shall be made as follows:
(1) For a development not requiring a variance or modification, the authority, in the case of a planned development, or the executive director in the case of a base zone development, shall within one hundred days of receipt of the completed application:
(A) Approve the application as submitted;
(B) Approve the application with adjustments or conditions; or
(C) Deny the application with reasons for denial; or
(2) For a development requiring a variance or modification, the authority shall within sixty days of the order approving or disapproving the variance or modification:
(A) Approve the application as submitted;
(B) Approve the application with adjustments or conditions; or
(C) Deny the application with reasons for denial.
Such decisions shall be made in writing and sent to the applicant.
 (e) If a permit required by this chapter requires a public hearing, no request for postponement of the hearing shall be allowed after notice has been published; however, the applicant may withdraw the permit application.  [Eff 9/8/86, comp 1/28/88, am 1/29/90, am and comp 2/24/90, am 1/25/97] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-85 is based substantially upon §15-17-148.  [Eff 2/27/82; am 1/21/83; R 9/8/86]
 

  §15-22-86  Determination by authority or executive director.  In reaching its determination on an application for a planned development or base zone development permit, the authority or executive director, as the case may be, shall consider the following:
(1) The nature of the proposed site and development, including its size and shape, and the proposed size, shape, and height, arrangement and design of structures;
(2) Whether the open spaces, including on-site recreation areas;
(A) Are of such size and location as to serve as convenient areas for recreation, relaxation, and social activities for the residents and patrons of the development; and
(B) Are so planned, designed and situated as to function as necessary physical and aesthetic open areas among and between individual structures and groups of structures;
(3) Whether the setbacks, yards, pedestrianways, bikeways, and related walkways are so located and of sufficient dimensions to provide for adequate light, air, pedestrian circulation and necessary vehicular access;
(4) Whether the vehicular circulation system, including access and off-street parking and loading, is so designed as to provide an efficient, safe, and convenient transportation system;
(5) Whether the pedestrian circulation system:
(A) Is so located, designed and of sufficient size as to conveniently handle pedestrian traffic efficiently and without congestion;
(B) Is separated, if necessary, from vehicular roadways so as to be safe, pleasing and efficient for movement of pedestrians; and
(C) Provides efficient, convenient and adequate linkages among residential areas, open spaces, recreation areas, commercial and employment areas, and public facilities.
(6) The adequacy of landscaping, screening, parking, and loading areas, service areas, lighting and signs, with relation to the type of use and neighborhood;
(7) The appropriateness of the proposed mixtures of uses, and the adequacy of the provisions for the construction of affordable housing units;
(8) The staging program and schedule of development;
(9) Relationship between structures and operations within structures;
(10) Whether views will be preserved or blocked;
(11) Surface treatment;
(12) Overall appearance of a development from the street and adjacent developments;
(13) Whether with respect to decks:
(A) The deck is landscaped;
(B) There is a pedestrianway integrating proposed deck activities;
(C) It is visually attractive from adjacent structures; and
(D) There are opportunities for active and passive recreation opportunities.
(14) Whether structures have an appropriate orientation to take advantage of winds, reduce direct sun exposure, and minimize shadow effect on adjacent buildings;
(15) Preservation of adjacent view corridors;
(16) Whether the facades of building platforms are properly terraced, landscaped, and designed;
(17) Relationship between and among uses along the adjacent street;
(18) Development contribution to the attractiveness of the streetscape; and
(19) Any other matter relating to the development or its impact on affected properties or public facilities.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-86 is based substantially upon §15-17-149.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-87  Lapse of base zone development permit.  Any base zone development permit granted under the provisions of this chapter shall automatically lapse if the initial building permit authorizing the construction of the foundation or superstructure of the project has not been issued within two years from the date of granting the permit, or, if judicial proceedings to review the decision to make the grant is instituted, from the date of entry of the final order in such proceedings including all appeals.  This time period may be extended for a period not to exceed two years, on the executive director's approval of the applicant's request and justification in writing for an extension, provided the request and justification are received by the executive director at least sixty days in advance of the automatic termination date of the development permit and there are no material changes in circumstances which may be cause for denial of the extension.  [Eff 9/8/86, am and comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)