Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 5 - PROCEDURES › Section 15-217-79 - Rules clearance

Current through June, 2024
(a) Applicability.
				  Any uses, structures, and activities identified by section 15-217-79(b) below
				  on a lot size of 20,000 square feet or less shall be issued a rules clearance
				  from the rules when they are in compliance with the setback requirements,
				  height limits, and all other applicable standards of subchapter
				  2 (regulating plan and neighborhood
				  zones), subchapter 3 (thoroughfare plan and standards), subchapter 4 (area-wide
				  standards) and, where applicable, those relating to section 15-217-91
				  (nonconformities);
(b) Qualifying
				  land uses, structures and activities. The following are eligible for issuance
				  of a rules clearance when in compliance with section 15-217-79(a) above:
(1) Decks, paths and driveways. Decks,
				  platforms, on-site paths, and driveways that are not required to have a
				  building permit or grading permit;
(2) Fences and walls in compliance with
				  height and location requirements in section 15-217-55(e) (architectural
				  design);
(3) Interior alterations
				  or change in use. Interior alterations or change in use that do not increase
				  the gross floor area of the structure;
(4) Repairs and maintenance:
(A) Single-family dwellings. Ordinary
				  nonstructural repairs to, and maintenance of, single-family dwellings;
				  or
(B) Multi-family residential and
				  nonresidential structures. Ordinary nonstructural repairs to, and maintenance
				  of multi-family residential and nonresidential structures, if:
(i) The work does not change the approved
				  land use of the site or structure, or add to, enlarge or expand the land use
				  and/or structure; and
(ii) Any
				  exterior repairs employing the same materials and design as the original
				  construction;
(5) Small, portable residential accessory
				  structures. A single portable structure of one hundred twenty square feet or
				  less per lot or unit, including pre-manufactured storage sheds and other small
				  structures that are exempt from having to obtain a building permit from the
				  city and county of Honolulu and in compliance with the applicable building
				  code. Additional structures may be approved in compliance with subchapter 4
				  (area-wide standards), dated September 2011, made a part of this chapter, and
				  attached at the end of this chapter, where allowed by the applicable
				  zone;
(6) Spas, hot tubs, and fish
				  ponds. Portable spas, hot tubs, and constructed fish ponds, and similar
				  equipment and structures that do not: exceed one hundred twenty square feet in
				  total area including related equipment; contain more than 2,000 gallons of
				  water; or exceed two feet in depth;
(7) Open space and parks. Any improvement
				  project over, upon, under or across any open space or park pursuant to Figure
				  1.11 (civic space), dated September 2011, made a part of this chapter, and
				  attached at the end of this chapter; and
(8) Any public utility project.