Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-8 - Establishment and scope of controls

Current through June, 2024
(a) In harmony with
				  the purpose and intent of chapter
				  2 06E, HRS, these rules are established
				  by the Hawaii community development authority for the mauka 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,
				  industrial uses, public uses, and other appropriate uses; the location of
				  buildings and other structures; requiring reserved housing units; requiring
				  off-street parking and loading; requiring dedication of public facilities;
				  architectural design; urban design; historic and cultural sites; circulation
				  criteria; performance standards; and other appropriate regulations relating to
				  land use, zoning, and planning for buildings and structures for all properties
				  within the mauka area.
(b) This
				  chapter, together with the mauka area plan, shall govern all developments and
				  use of properties within the mauka area. In case of any discrepancy between the
				  provisions of this chapter and the mauka area plan, this chapter shall
				  control.
(c) No building permit
				  shall be issued for any development within the mauka area unless the
				  development conforms to the provisions of the mauka area plan and this
				  chapter.
(d) All developments,
				  proposed developments, and properties within the mauka area shall be subject to
				  all of the provisions of this chapter and the mauka 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 mauka area shall be initiated or adopted
				  unless it conforms to and implements the mauka 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 by Ordinance No. 85-46), 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.
(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 mauka area.
(h) All agencies of the city and state
				  governments shall perform their duties, functions, and powers which affect the
				  mauka area in accordance with the provisions of the mauka area plan 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 mauka 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.