Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-8 - Establishment and scope of controls

Current through June, 2024
(a) In harmony with
				  the purpose and intent of chapter 206E, HRS, these rules are established by the
				  Hawaii community development authority for the makai area of the Kakaako
				  district controlling, regulating, and determining: the area of lots; height of
				  buildings; minimum yards and setbacks; required open spaces; the density of
				  buildings; the location and amount of residential uses, commercial uses,
				  recreational uses, waterfront industrial uses, public uses, and other
				  appropriate uses; the location of buildings and other structures; off-street
				  loading requirements; payment of public facilities fee requirements;
				  architectural design; urban design; historic and cultural sites; circulation
				  criteria; environmental standards; and other appropriate regulations relating
				  to land use, zoning, and planning for buildings and structures for all
				  properties within the makai area of the Kakaako district.
(b) This chapter, together with the makai
				  area plan of the Kakaako District, shall govern all developments and use of
				  properties within the makai area. In case of any discrepancy between the
				  provisions of this chapter and the makai area plan, this chapter shall
				  control.
(c) No building permit
				  shall be issued for any development within the makai area unless the
				  development conforms to the provisions of the makai area plan and this
				  chapter.
(d) All developments,
				  proposed developments, and properties within the makai area shall be subject to
				  all of the provisions of this chapter and the makai area plan. This requirement
				  shall apply notwithstanding the fact that at the effective date of this
				  chapter, a city and county of Honolulu building permit has been applied for or
				  has been issued for the developments, proposed developments, or properties;
				  provided that such requirement shall not apply if a city and county of Honolulu
				  building permit has been issued, substantial expenditures have been incurred,
				  and substantial changes in the land have already occurred. Substantial changes
				  in the land shall be evidenced by substantial excavations for
				  foundations.
(e) No public
				  improvement or project within the makai area shall be initiated or adopted
				  unless it conforms to and implements the makai area plan and this
				  chapter.
(f) Except as otherwise
				  specifically provided, the provisions of this chapter shall supersede the
				  provisions of the city and county of Honolulu's development plan (Ordinance No.
				  81-79, as amended), the provisions of the Kakaako special design district
				  ordinance (Ordinance No. 80-58, as amended), the provisions of the Hawaii
				  Capitol District Ordinance (Article 7, land use ordinance), and the provisions
				  of the land use ordinance (Ordinance 86-96, as amended) as they all shall
				  relate to properties within the Kakaako district. The foregoing ordinances are
				  hereby declared to be inconsistent with this chapter, and shall therefore be
				  inapplicable to developments within the district unless otherwise specifically
				  stated.
(g) Except as otherwise
				  specifically stated in this chapter, all other rules, laws, and ordinances
				  shall continue to remain applicable to the developments and properties within
				  the Kakaako district.
(h) All
				  agencies of the city and state governments shall perform their duties,
				  functions, and powers which affect the Kakaako district in accordance with the
				  provisions of the Kakaako plans and this chapter.
(i) Project plans that have been approved as
				  to project eligibility shall not be required to comply with the provisions of
				  this chapter or the makai area plan that have been amended subsequent to said
				  approval and prior to construction. However, construction not in compliance
				  with said amended provisions shall be regarded as nonconforming for the
				  purposes of this chapter.