reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-217-3 - Applicability

Current through June, 2024
(a) This chapter, together with the mauka
				  area plan, shall govern all real property located within the mauka area. In
				  case of any discrepancy between the provisions of this chapter and the mauka
				  area plan, this chapter shall control.
(b) No building permit shall be approved by
				  the Hawaii community development authority for any project within the mauka
				  area unless the project conforms to the provisions of the mauka area plan and
				  this chapter.
(c) No public
				  improvement or project within the mauka area shall be initiated or adopted
				  unless it conforms to and implements the mauka area plan and this
				  chapter.
(d) 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 by Ordinance No. 85-46 and Ordinance No. 04-14), the
				  provisions of the Kakaako special design district ordinance, and the provisions
				  of the land use ordinance as they all shall relate to properties within the
				  mauka area. The foregoing ordinances are hereby declared to be inconsistent
				  with this chapter, and shall therefore be inapplicable to developments within
				  the mauka area unless otherwise specifically stated.
(e) 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 mauka area.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-217-4 - Minimum requirements

Current through June, 2024
The provisions of the rules are minimum requirements for
					 the protection and promotion of public health, safety, and welfare.
					 Satisfaction of the minimum requirements does not mean that a decision-maker
					 cannot impose additional requirements where authorized and appropriate and does
					 not guarantee compliance with other rules, ordinance, or laws imposed by other
					 governmental entities.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-217-6 - Compliance with other regulations

Current through June, 2024
(a) Whenever
				  conflicting requirements are discovered in the application of the rules, they
				  shall be resolved as follows:
(1) Mauka area
				  rules. If a conflict occurs between requirements within the rules, the most
				  restrictive shall apply;
(2) Mauka
				  area plan. The provisions of the rules, when in conflict with the mauka area
				  plan, shall take precedence;
(3)
				  Master plan. If conflicts occur between the requirements of the rules and
				  standards adopted as part of any master plan, the requirements of the master
				  plan shall apply; and
(4) Private
				  agreements. The rules apply to all real property located within the mauka area
				  regardless of whether it imposes a greater or lesser restriction on the
				  development or use of structures or land than a private agreement or
				  restriction (for example, conditions, covenants and restrictions).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 1 - PURPOSE AND APPLICABILITY › Section 15-217-7 - Severability

Current through June, 2024
These rules shall be liberally construed to protect and
					 preserve the health, safety, and general welfare within the mauka area. Should
					 any provision of the rules be held to be unconstitutional or invalid, such
					 holding shall not be construed as affecting the validity of any of the
					 remaining provisions.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 2 - REGULATING PLAN AND NEIGHBORHOOD ZONES › Section 15-217-21 - Purpose

Current through June, 2024
This subchapter establishes the neighborhood zones within
					 the mauka area, adopts the regulating plan for the mauka area as its zoning
					 map, adopts the parks and open space plan as an overlay to the regulating plan,
					 and establishes standards applicable to neighborhood zones.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 2 - REGULATING PLAN AND NEIGHBORHOOD ZONES › Section 15-217-22 - Regulating plan

Current through June, 2024
The mauka area rules regulating plan (hereafter referred
					 to as the "Regulating Plan"), included as Figure 1.2 (regulating plan), dated
					 September 2011, made a part of this chapter, and attached at the end of this
					 chapter, identifies the neighborhood zones provided in section
					 15-217-23 (neighborhood
					 zones).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 2 - REGULATING PLAN AND NEIGHBORHOOD ZONES › Section 15-217-24 - Building types

Current through June, 2024
All buildings shall conform with the building standards
					 set forth in Figures BT.1 to BT.10, dated September 2011, made a part of this
					 chapter, and attached at the end of this chapter, which specify lot and facade
					 width, access, parking, open space, landscaping, frontage types, and building
					 massing standards to each building type.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 2 - REGULATING PLAN AND NEIGHBORHOOD ZONES › Section 15-217-25 - Frontage types

Current through June, 2024
All buildings shall conform with the frontage standards
					 set forth in Figures FT.1 to FT.12, dated September 2011, made a part of this
					 chapter, and attached at the end of this chapter, which specify dimension and
					 element standards for each frontage type.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 2 - REGULATING PLAN AND NEIGHBORHOOD ZONES › Section 15-217-26 - Land uses

Current through June, 2024
(a) Buildings and lots in each neighborhood
				  zone shall conform to the land uses specified in Figure 1.9 (land use), dated
				  September 2 011, made a part of this chapter, and attached at the end of this
				  chapter.
(b) Any one or more
				  allowed land uses may be established on any lot, subject to Figure 1.9 (land
				  use), dated September 2011, made a part of this chapter, and attached at the
				  end of this chapter.
(c) Where a
				  single lot is proposed for development with two or more land uses listed in
				  Figure 1.9 (land use), dated September 2011, made a part of this chapter, and
				  attached at the end of this chapter, the project shall be subject to the permit
				  with the highest level of discretionary review.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 3 - THOROUGHFARE PLAN AND STANDARDS › Section 15-217-38 - Purpose

Current through June, 2024
(a) To translate the urban road
				  classifications defined in the mauka area plan into standards for the
				  pedestrian zone.
(b) To prioritize
				  the pedestrian over vehicular transportation modes in thoroughfare planning and
				  design, through the provision of ample sidewalk amenities and a hierarchy of
				  sidewalk sizes.
(c) To provide
				  standards for promenade streets and view corridors.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 3 - THOROUGHFARE PLAN AND STANDARDS › Section 15-217-39 - Thoroughfare plan and standards

Current through June, 2024
(a) The mauka area
				  rules thoroughfare plan (hereafter referred to as the "Thoroughfare Plan"),
				  shall consist of: Figure 1.4 (thoroughfare plan), dated September 2011, made a
				  part of this chapter, and attached at the end of this chapter; Figures 1.7A and
				  1.7B (street tree plan and charts), dated September 2011, made a part of this
				  chapter, and attached at the end of this chapter; Figure 1.14 (pedestrian zone
				  treatment), dated September 2011, made a part of this chapter, and attached at
				  the end of this chapter; Figure 1.15 (pedestrian zone fixtures), dated
				  September 2011, made a part of this chapter, and attached at the end of this
				  chapter; and Figures PZ.1 to PZ.7 (pedestrian zone treatment), dated September
				  2011, made a part of this chapter, and attached at the end of this
				  chapter,
(b) Applicability:
(1) The standards provided in the
				  thoroughfare plan shall be applicable to all existing and proposed
				  thoroughfares within the mauka area plan, except for that portion of the
				  right-of-way that falls within the curb to curb area. The authority will rely
				  upon the mauka area plan to determine the curb to curb attributes of
				  thoroughfares;
(2) Design conflicts
				  between vehicular and pedestrian movement in new thoroughfares shall be
				  generally decided in favor of the pedestrian, unless there is overriding public
				  interest which dictates that the conflict be resolved in favor of vehicular
				  movement; and
(3) Developments and
				  improvement projects shall be required to comply with the thoroughfare plan, if
				  applicable to their frontage type. Development or improvement projects as well
				  as additions to existing buildings shall be required to comply with the
				  thoroughfare plan if the value of the changes or renovations to the property
				  are greater than or equal to fifty per cent of the replacement value of the
				  existing improvements.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-51 - Purpose

Current through June, 2024
(a) This subchapter provides standards that:
(1) Apply throughout the mauka area;
				  and
(2) Either supplement or modify
				  other standards provided elsewhere in the rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-52 - Applicability

Current through June, 2024
This subchapter applies to all permit applications and use
					 classifications, except where a section provides otherwise.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-53 - Building placement

Current through June, 2024
(a) Facades shall
				  be built parallel to a build to line with a minimum frontage occupancy as per
				  Figure 1.13-C (building placement and encroachments), dated September 2011,
				  made a part of this chapter, and attached at the end of this chapter.
(b) Wherever a build to line is equal to or
				  greater than fifteen feet, a terrace front frontage type (see Figure FT.B
				  (terrace front), dated September 2011, made a part of this chapter, and
				  attached at the end of this chapter) shall be used.
(c) For frontage occupancy calculations,
				  single buildings that form a courtyard of fifteen feet in width or less by
				  recessing a portion of the building from the build to line shall be measured as
				  the full width of the building parallel to the build to line.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-54 - Building form

Current through June, 2024
(a) The height of any building or structure
				  or portion thereof shall be measured from ground elevation.
(b) Height limits for attics or raised
				  basements, masts, belfries, clock towers, chimney flues, elevator bulkheads,
				  church spires, cupolas, domes, ventilators, skylights, parapet walls, cornices,
				  solar energy systems, or necessary mechanical appurtenances on the roof level
				  shall be limited to the height necessary for their proper functioning. The
				  executive director shall make the final determination on the height necessary
				  for their proper functioning. Attics shall not exceed fourteen feet in
				  height.
(c) Where the floor plate
				  ratio identified in Figures BT.1 to BT.10, dated September 2011, made a part of
				  this chapter, and attached at the end of this chapter, indicate a value of less
				  than one hundred per cent, the remainder value of setback area is considered
				  the building void (see Figure 1.12-C (illustrative building void and floor
				  plate diagrams), dated September 2011, made a part of this chapter, and
				  attached at the end of this chapter). At least twenty-five per cent of the
				  building void shall be located along the facade and have a minimum depth of ten
				  feet, as measured from the facade toward the rear lot line; provided, however,
				  that this minimum depth from the facade shall be increased by three feet for
				  every ten feet of building height.
(d) Any part of a building which is taller
				  than sixty-five feet and fronting a view corridor street (see Figure 1.6A (view
				  corridors), dated September 2011, made a part of this chapter, and attached at
				  the end of this chapter) shall be setback from the lot line abutting the view
				  corridor by fifty feet.
(e) Except
				  in the Sheridan neighborhood zone, all ground floors shall be at least twelve
				  feet tall along all thoroughfares.
(f) All new principal buildings shall be
				  designed with a street front element conforming to Figure 1.3-D (development
				  standards summary - building form), dated September 2011, made a part of this
				  chapter, and attached at the end of this chapter. See Figure 1.12-A
				  (illustrative building form diagram), dated September 2011, made a part of this
				  chapter, and attached at the end of this chapter, for an illustrative example
				  of a street front element.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-55 - Architectural design

Current through June, 2024
(a) Awnings,
				  trellises and canopies:
(1) The use of vinyl
				  or plastic awnings, trellises and canopies is prohibited along promenade
				  streets and view corridor streets;
(2) Awnings, trellises, and canopies shall
				  comply with Figure 1.13 (building placement and encroachments), dated September
				  2011, made a part of this chapter, and attached at the end of this
				  chapter;
(3) Awnings, trellises,
				  and canopies shall not obstruct views of pedestrian-oriented signage (e.g.,
				  blade sign) for shops and businesses; and
(4) The location of awnings on a facade shall
				  be of a consistent height. Similarly, the location of awning on a facade shall
				  generally align with those on adjacent buildings, to the extent
				  practicable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-56 - Landscape and recreation space

Current through June, 2024
(a) All yards shall
				  be landscaped with native or adapted plant species and/or hardscaped with
				  permeable material.
(b) Historic
				  landscapes and exceptional trees as designated by the city and county of
				  Honolulu shall be protected and preserved. In the case where historic
				  landscapes and exceptional trees conflict with prescribed standards in the
				  rules, the historic landscape or exceptional tree takes precedence.
(c) Landscaping shall have an automatic
				  irrigation system with a rain or moisture sensor.
(d) Residential projects requiring a
				  development permit shall provide fifty-five square feet of recreation space per
				  dwelling unit. The required on-site recreation space, if provided outdoors, may
				  be used to satisfy the open space requirement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-57 - Adequate infrastructure

Current through June, 2024
(a) This section
				  intends to limit development within portions of the mauka area with known
				  infrastructure deficiencies until such time as the availability of
				  infrastructure is sufficient to accommodate the maximum level of development
				  provided for by the mauka area rules.
(b) This section shall be applicable to the
				  central Kakaako neighborhood zone only.
(c) A maximum FAR of 1.5 shall apply until
				  the executive director determines the infrastructure within the central Kakaako
				  neighborhood zone has been sufficiently upgraded pursuant to an improvement
				  district or other public facilities project. After sufficient infrastructure
				  improvements are made, the FAR shall be increased to 3.5, consistent with the
				  mauka area rules.
(d) Where the
				  executive director finds that the public infrastructure is adequate to support
				  a project within the central Kakaako neighborhood zone or where a project would
				  construct improvements to said infrastructure sufficient to accommodate the
				  subject project and future developments, the executive director may elect to
				  waive the FAR limitations of this section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-58 - Large lots

Current through June, 2024
(a) Purpose. This section establishes the
				  standards for developing large lots, dividing them into smaller
				  pedestrian-oriented blocks, and achieving an interconnected block network with
				  walkable block lengths. The standards for large lot projects ensure that these
				  projects promote walkability, pedestrian-orientation, and sustainability of
				  urban and built form. Buildings should include massing and articulation that
				  reflects a human scale, rather than large, monolithic, and repetitive building
				  fabric.
(b) Applicability. Each
				  building within a large lot project shall comply with the applicable
				  requirements in the development standards by zone and all other relevant
				  standards in the rules. The following standards shall apply to large lot
				  projects (i.e., larger than 140,000 square feet).
(c) Thoroughfare network:
(1) Large lots shall be divided to create
				  pedestrian-oriented blocks;
(2) New
				  thoroughfares shall connect with existing thoroughfares;
(3) New passageways that are introduced shall
				  be a minimum of fifteen feet wide between building elevations;
(4) New passageways that are introduced shall
				  be un-gated and shall be publically-accessible;
(5) Architectural encroachments into
				  passageways are allowed two feet from the building face, subject to Figure
				  1.13-C (encroachments), dated September 2011, made a part of this chapter, and
				  attached at the end of this chapter;
(6) Each new block shall have an alley for
				  service and parking access; and
(7)
				  Cul-de-sacs and dead-end streets are not permitted, unless they allow for
				  future connections.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-59 - Green building

Current through June, 2024
(a) Purpose. This
				  section provides standards intended to result in a responsible development
				  pattern that conserves natural resources and provides a healthy environment for
				  inhabitants of the mauka area.
(b)
				  Applicability. This section applies to all new buildings and additions and
				  renovations of existing buildings that increase the existing floor area by
				  twenty-five per cent or more, except that Figures BT.1 to BT.4, dated September
				  2011, made a part of this chapter, and attached at the end of this chapter, are
				  not required to follow this standard.
(c) Green building standards:
(1) A project shall qualify for the
				  applicable base LEED rating system at the appropriate certification level
				  (e.g., new construction projects shall qualify for LEED for new
				  construction);
(2) The applicable
				  base rating system shall be chosen by the applicant based on the construction
				  type, size, and use of the proposed project,-
(3) The project shall document the
				  achievement of at least one LEED point in either sustainable sites, stormwater
				  design, quantity control; or stormwater design, quality control;
(4) The project shall document the
				  achievement of at least one LEED point in either sustainable sites, heat island
				  effect, non-roof , or roof;
(5) The
				  project must document the achievement of at least one point in water
				  efficiency, (WE) credit I: water efficient landscaping;
(6) The applicant shall submit documentation
				  and sustainability calculations showing that the proposed development meets the
				  applicable base LEED rating system at the appropriate certification level.
				  Based on these materials, the authority shall determine compliance with this
				  section in conjunction with the accompanying development approval;
(7) If the U.S. Green Building Council
				  changes the LEED rating system, the executive director shall identify the new
				  points and rating systems that are relevant to this section; and
(8) Applicant may use a green building
				  evaluation system, other than the LEED rating system, as appropriate and as
				  approved by the executive director.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-60 - Encroaching elements

Current through June, 2024
Architectural features may encroach beyond a required
					 build to line, as designated in Figure 1.13-C (encroachments), dated September
					 2011, made a part of this chapter, and attached at the end of this
					 chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-61 - Flood zone

Current through June, 2024
(a) Purpose. These standards provide building
				  and urban design strategies that supplement the regulations presented in
				  article 9 of the city and county of Honolulu land use ordinance, which do and
				  shall apply in the mauka area. These standards help assure that flood measures
				  implemented are seamless with existing fabric in terms of scale, frontage, and
				  fenestration. The standards help ensure that measures implemented do not impede
				  pedestrian access from abutting thoroughfares.
(b) Applicability. The following standards
				  apply to all new buildings within an identified Honolulu or FEMA flood zone
				  that are required by code to have raised ground floors.
(1) Design and location standards for ADA
				  compliant wheelchair access ramps within flood zones:
(A) A wheelchair ramp may only occupy up to
				  fifteen per cent of building face;
(B) Wheelchair ramps and ramp handrails on
				  all ramps greater than twenty feet in length must be placed behind street walls
				  or landscaping features such as hedges;
(C) Except for those used for residential
				  purposes, all buildings occupying less than one hundred twenty feet of
				  frontage, shall use internal wheelchair ramps (see Figure 1.16-A (flood zone
				  design, internal wheelchair ramp), dated September 2011, made a part of this
				  chapter, and attached at the end of this chapter);
(D) Except for those used for residential
				  purposes, all buildings occupying more than or equal to one hundred twenty feet
				  of frontage may use external wheelchair ramps (see Figures 1.16-B and 1.16-C
				  {flood zone design), dated September 2011, made a part of this chapter, and
				  attached at the end of this chapter); and
(E) For all buildings, except for those used
				  for residential use, no wheelchair ramps are allowed in the public right-of-way
				  or front setback, except in the following circumstances:
(i) When the ramp fronts the side of a
				  building near a corner;
(ii) When
				  the ramp is shielded from the thoroughfare or covered under an element such as
				  an arcade (see Figure 1.16-D, dated September 2011, made a part of this
				  chapter, and attached at the end of this chapter); or
(iii) If the length of the ramp within the
				  public right-of-way or front setback is less than or equal to twenty-five per
				  cent of the width of the sidewalk. In this case, handrails are not permitted in
				  the public right-of-way or front setback; and
(F) For residential buildings, wheelchair
				  ramps may not be located in the public right-of-way or in the front setback;
				  and
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-62 - Historical and cultural sites

Current through June, 2024
(a) Purpose. The
				  purpose of this section is to preserve, protect, reconstruct, rehabilitate and
				  restore properties in the mauka area that are determined to be historic and
				  culturally significant.
(b)
				  Applicability. This section applies to all historical or culturally significant
				  properties.
(c) Preservation and
				  consultation. Properties situated in the mauka area that are deemed to be
				  historically or culturally significant shall be preserved, protected,
				  reconstructed, rehabilitated and restored by the landowners in accordance with
				  the implementing regulations of section 106 of the National Historic
				  Preservation Act and chapter
				  6E, HRS :
(1) Developers of new projects or projects
				  with significant alterations on historic or culturally significant properties
				  shall consult with the department of land and natural resources, state historic
				  preservation division ("SHPD"), department of land and natural resources to
				  allow an opportunity for review of the effect of the proposed project on any
				  historic properties or burial sites, pursuant to section
				  6E-43,
				  HRS;
(2) A written letter of
				  concurrence from SHPD or adequate documentation that the applicant has complied
				  with the requirements of chapter
				  6E-10, HRS, shall be included with the
				  permit application to the authority; and
(3) All SHPD requirements shall be completed
				  by the developer prior to submittal of a permit application to the
				  authority,
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-63 - Parking and loading

Current through June, 2024
(a) Applicability.
				  This section applies to all new principal buildings in the mauka area or
				  additions to buildings on properties that exceed twenty-five per cent of the
				  existing floor area on said property.
(b) Access:
(1) Parking shall be accessed from an
				  alley;
(2) When there is no alley
				  present,- parking shall be accessed from a parking access street as indicated
				  in Figure 1.10 (parking), dated September 2011, made a part of this chapter,
				  and attached at the end of this chapter;
(3) When access from a parking access street
				  is not possible, parking shall be accessed from an alternative parking access
				  street as indicated in Figure 1.10 (parking), dated September 2011, made a part
				  of this chapter, and attached at the end of this chapter;
(4) When access from an alternative parking
				  access street is not possible, an alternative parking plan may be submitted;
				  and
(5) Driveway access for parking
				  shall be a minimum of fifty-five feet from an intersection measured from the
				  right-of-way.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-64 - Conditional use of vacant land

Current through June, 2024
(a) The executive
				  director may issue a conditional use of vacant land permit, provided that the
				  following standards are met:
(1) The proposed
				  use is permitted within the applicable zone except:
(A) Open or uncovered parking at grade may be
				  permitted in all zones, whether paved or unpaved; and
(B) Construction sites, special trade
				  construction, and non-extensive yard uses may be permitted in all zones where a
				  six-foot screening wall, hedge, or fence is erected along all street rights of
				  way;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 217 - MAUKA AREA RULES › Subchapter 4 - AREA-WIDE STANDARDS › Section 15-217-65 - Public facilities dedication fee

Current through June, 2024
(a) Applicability.
				  This section shall apply to any new development or improvement project, or
				  existing development or improvement project within the mauka area that
				  increases the existing floor area by more than twenty-five per cent as compared
				  to the floor area existing on February 27, 1982 or at the time the development
				  permit or improvement permit was issued, excluding proposed demolitions,
				  whichever is less; provided, however, that this section shall not apply to any
				  development or improvement project undertaken by an eleemosynary organization,
				  development or improvement project for public uses, public project, workforce
				  housing projects, floor area related to reserved housing, single-family
				  dwellings and duplex units, or new buildings or structures with a floor area of
				  less than 200 square feet.
(b)
				  Dedication requirement. As a condition precedent to the issuance of an
				  improvement permit or development permit, the developer shall dedicate land for
				  public facilities. 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.
(c) In-lieu fee payments.
				  As an alternative to the land dedication requirement of section 15-217-65(b),
				  an in-lieu fee payment may be authorized as follows:
(1) For improvement permit applications, the
				  executive director may authorize a developer to pay an in-lieu 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; and
(2) For development
				  permit applications, the authority may authorize 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.
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 15-217-80 - Improvement and development permits

Current through June, 2024
(a) Applicability.
				  All new improvement projects and developments shall require a permit unless
				  waived in accordance with section 15-217-90 (minor changes) or eligible for a
				  rules clearance under section 15-217-79.
(b) Initiation. A developer may apply for an
				  improvement permit or development permit by filing an application with the
				  executive director.
(c) Types There
				  shall be two types of permits-improvement and development. Each type shall be
				  subject to the decision-maker review and action pursuant to Figure 1.1
				  (approval requirements matrix), dated September 2011, made a part of this
				  chapter, and attached at the end of this chapter:
(1) Improvement permits shall apply to
				  improvement projects and are subject to executive director review and action;
				  and
(2) Development permits shall
				  apply to developments and are subject to authority review and action.
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 15-217-81 - Conditional use permit

Current through June, 2024
(a) Purpose. This
				  section provides for certain uses that, because of unique characteristics or
				  potential impacts on adjacent land uses, may be authorized only under
				  appropriate standards and factors set forth in the rules. No inherent right
				  exists to receive a conditional use permit. Such authorization must be approved
				  under a specific set of circumstances and conditions. Each application and
				  situation is unique. Every conditional use permit application or amendment
				  shall at a minimum be required to comply with every requirement contained in
				  each subchapter of the rules. Mere compliance with the generally applicable
				  requirements however may not be sufficient, and additional measures and
				  conditions may be necessary to mitigate the impact of the proposed
				  development.
(b) Applicability. All
				  uses identified by "CU" in Figure 1.9 (land use), dated September 2011, made a
				  part of this chapter, and attached at the end of this chapter, shall require
				  conditional use permit approval.
(c) Decision-maker. Conditional use permits
				  shall be subject to the authority review and action pursuant to Figure 1.1
				  (approval requirements matrix), dated September 2011, made a part of this
				  chapter, and attached at the end of this chapter.
(d) Findings. Approval of a conditional use
				  permit shall require all the following findings of fact:
(1) The use is allowed within the applicable
				  zone and complies with all other applicable provisions of the rules;
(2) The use will conform to the mauka area
				  plan;
(3) The design, location,
				  size and operating characteristics of the proposed use are compatible with the
				  existing and future uses in the vicinity;
(4) The site is physically suitable for the
				  type, density and intensity of use being proposed, including access, utilities,
				  and the absence of physical constraints; and
(5) Granting the permit would not be
				  detrimental to the public health, safety, or welfare, or materially injurious
				  to persons, property, or improvements in the vicinity and Zone in which the
				  property is located.
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 15-217-82 - Variances

Current through June, 2024
(a) Purpose. This section is intended to
				  provide a mechanism for relief from the strict application of the rules where
				  the strict application will deprive the property owner of privileges enjoyed by
				  similar properties because of the subject property's unique and special
				  conditions. Economic or financial hardship alone is not sufficient
				  justification for granting a variance.
(b) Applicability. All requirements of the
				  rules are mandatory unless approval of variance is obtained, except as limited
				  by section 15-217-82(f) (variances).
(c) Types. There shall be two types of
				  variances - minor and major. Each type shall be subject to the decision-maker
				  review and action of Figure 1.1 (approval requirements matrix), dated September
				  2011, made a part of this chapter, and attached at the end of this chapter:
(1) Minor variances shall apply to projects
				  on parcels 20,000 square feet or less and are subject to executive director
				  review and action; and
(2) Major
				  variances shall apply to projects on parcels over 20,000 square feet and are
				  subject to authority review and action.
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 15-217-83 - Master plan

Current through June, 2024
(a) Purpose. The provisions of this section
				  is intended to provide for a flexible approach to development, encourage
				  investment in new development and commitment to the master planning of large
				  land holdings. A further purpose of this section is to derive public benefits,
				  such as reserved housing, public parking, off-site infrastructure and other
				  public facilities from master plan developers, in exchange for greater
				  development flexibility for a specified period.
(b) Applicability. Developers of project
				  sites over five acres are eligible to apply for a master plan permit.
(c) Contents. A master plan permit may
				  authorize only the following:
(1) A
				  development approval period up to ten years;
(2) The provision of reserved housing outside
				  of the mauka area; and
(3) Public
				  facilities, beyond that required by the mauka area plan or the mauka area
				  rules, including, but not limited to, parks and open space, public
				  infrastructure, and public art.
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 15-217-86 - Automatic approvals

Current through June, 2024
(a) The following
				  permits shall be deemed approved and require no public hearing if a certificate
				  of completeness has been issued and no decision is rendered within the
				  following review periods:
(1) Rules clearance
				  (sixty calendar days);
(2)
				  Improvement Permit (ninety calendar days);
(3) Development permit (one hundred eighty
				  calendar days);
(4) Conditional use
				  of vacant land permit (ninety days);
(5) Conditional use permit (one hundred
				  eighty calendar days);
(6) Variance
				  (one hundred eighty calendar days); and
(7) Master plan (two hundred calendar
				  days).
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 15-217-87 - Approval period

Current through June, 2024
(a) Rules clearance
				  approvals shall have an effective approval period of one year.
(b) Improvement permits, development permits,
				  conditional use of vacant land, conditional use permits and variance approvals
				  shall have an effective approval period of two years, unless extended under
				  these rules.
(c) Master plan
				  permits shall have an effective approval of ten years, unless extended pursuant
				  to section 15-217-83(g).
(d) Prior
				  to expiration and upon submittal of a written request and payment of the
				  applicable filing fee, an improvement permit may be extended by the executive
				  director for a period of up to one year. The executive director may issue up to
				  two extensions. Development permits may be extended by the authority for a
				  period of up to one year. The authority may issue up to two extensions for
				  development permits.
(e) In
				  computing the approval period, the day upon which the approval was granted is
				  not to be included. Further, the last day is to be included unless it is not a
				  working day, in which event the period runs until the next working day.
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 15-217-88 - Appeals

Current through June, 2024
(a) Decisions of the executive director
				  rendered in the administration of the rules are appealable, as provided herein,
				  to the authority (see Figure 1.1 (approval requirements matrix), dated
				  September 2011, made a part of this chapter, and attached at the end of this
				  chapter).
(b) An appeal of an
				  executive director decision shall be sustained by the authority only if it
				  finds:
(1) The executive director's decision
				  was based on an erroneous finding of material fact; or
(2) The executive director acted in an
				  arbitrary or capricious manner or had manifestly abused his or her
				  discretion.
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 15-217-89 - Subsequent applications

Current through June, 2024
If an improvement permit, development permit, conditional
					 use of vacant land permit, conditional use permit, variance, or master plan
					 permit is denied, a new application proposing substantially the same
					 development for the same property shall not be filed within six months after
					 the final decision.
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 15-217-90 - Minor changes

Current through June, 2024
(a) After final
				  approval of a rules clearance, improvement permit, development permit,
				  conditional use of vacant land permit, conditional use permit, master plan
				  permit or variance, the executive director may allow minor amendments to the
				  application without submittal of a new or amended application when the
				  requested amendment(s) does not:
(1) Increase
				  the number of dwelling units, floor area, height, or any additional land-use
				  disturbance;
(2) Introduce
				  different land uses;
(3) Request
				  larger land area;
(4) Request
				  greater variance;
(5) Allow any
				  diminution in buffer or transition areas, reduction in landscaping, reduction
				  of required yards, or any change in the design characteristics or materials
				  used in construction of the structures; or
(6) Reduce or eliminate conditions attached
				  to the subject development approval.
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 15-217-91 - Nonconformities

Current through June, 2024
(a) Applicability. This section applies to
				  nonconformities, including their continuation, enlargement, or expansion. There
				  are two categories of nonconformities - uses, and structures.
(b) Continuation. A nonconformity that was
				  lawfully operated, established, or commenced in accordance with the provisions
				  of all authority statutes or regulations in effect at that time may-continue
				  subject to this section.
(c)
				  Violation of rules. The violation of this section shall immediately disallow a
				  nonconformity.
(d) Nonconforming
				  uses:
(1) Continuance of nonconforming uses.
				  The lawful use of any structure existing as of the effective date of the rules
				  may be continued, although such use does not conform to the provisions of the
				  rules. Such use may be extended throughout the structure, provided that no
				  structural alterations or additions to the structure occur, except those made
				  in conformance with the rules. A conforming structure in which a nonconforming
				  use is operated shall not be enlarged or extended except as may be required by
				  the rules; and
(2) Changes of use:
(A) Any nonconforming use may be changed to a
				  use conforming with the rules established for the neighborhood zone in which
				  the nonconforming use is located; provided, however, that a nonconforming use
				  so changed shall not in the future be changed back to a nonconforming
				  use;
(B) A nonconforming use may
				  only be expanded under the provisions of section 15-217-91(f) (nonconformities)
				  ; and
(C) If a nonconforming use is
				  abandoned for twelve consecutive months, any future use of such premises shall
				  be in conformity with the provisions of the rules. Abandonment of a
				  nonconforming use shall terminate the right to continue the
				  nonconformity.
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 15-217-92 - Violations and enforcement

Current through June, 2024
All provisions relating to violations of these rules and
					 enforcement of said violations are provided in HCDA's rules of practice and
					 procedure.
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 15-217-93 - Fee schedule

Current through June, 2024
The following fee schedule shall be applicable to all
					 permits, rule clearance, and public hearings.
Rule Clearance
$20 . 00
Conditional Use of Vacant Land
$20 . 00
Improvement Permit
Cost: Project Size: $20 up to 1,000 s.f. $100
							 1,001-10,000 s.f. $500 10,001-30,000 s.f. $1,000 > 30,000 s.f.
Development Permit
$6,4 00 plus the cost of public hearing
Master Plan Permit
$10,000 plus the cost of public hearing
Variance
$500 plus the cost of public hearing