reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 2 - LAND USE ZONE RULES › Section 15-22-40 - Park and public areas

Current through June, 2024
Within areas designated "park at grade" (P) or "public use
					 areas" (PUBLIC), the provisions applicable to the adjacent land use zone shall
					 apply. In circumstances where there may be uncertainty about applicable
					 provisions, the executive director shall determine which land use zone
					 provisions apply.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 2 - LAND USE ZONE RULES › Section 15-22-41 - Minimum lot area, width and depth

Current through June, 2024
Subdivision of any parcel within any land use zone shall
					 result in a lot area of no less than 10,000 square feet and a lot width and
					 depth of no less than 60 feet, provided no minimum subdivided lot area, width
					 and depth shall apply to permanent off-site parking facilities, street and
					 utility improvement projects, and public utility lots or easements used solely
					 for utility facilities such as transformers, switch vault substations, and
					 pumping stations.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 2 - LAND USE ZONE RULES › Section 15-22-42 - Subdivision and consolidation

Current through June, 2024
The subdivision or consolidation of land within any land
					 use zone shall be processed and approved by the city and county of
					 Honolulu.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 2 - LAND USE ZONE RULES › Section 15-22-43 - Joint zone development

Current through June, 2024
Where a development is proposed within more than one land
					 use zone, the allocation of uses shall be in proportion to that which is
					 permitted within each zone. The location of those uses within the development
					 need not comply with the zone boundaries.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 2 - LAND USE ZONE RULES › Section 15-22-59 - Additional development requirements

Current through June, 2024
In addition to the requirements of the respective land use
					 zones specified in this subchapter, the development requirements of subchapter
					 3 relating to any development, irrespective of the land use zone in which it is
					 located, shall be applicable unless specifically provided
					 otherwise.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-60 - Purpose and intent

Current through June, 2024
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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-61 - Density

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-62 - Heights

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-63 - Yards; general

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-63.1 - Front yards

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-63.2 - Side and rear yards

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-64 - Open space

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-65 - Recreation space

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-66 - View corridors

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-69 - Signs

Current through June, 2024
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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-70 - Architectural criteria

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-71 - Circulation

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-72 - Lanai enclosures

Current through June, 2024
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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-73 - Dedication of public facilities

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-74 - Prohibition of structures within a mapped street

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-75 - Development of properties abutting the Hawaii capital district

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-76 - Utilities required to be underground

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-77 - Performance standards

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-78 - Temporary uses

Current through June, 2024
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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-79 - Conditional use of vacant land

Current through June, 2024
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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-80 - Joint development of two or more adjacent zoning lots

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-81 - Transfer of uses

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-82 - Flood hazard district

Current through June, 2024
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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-83 - Public projects

Current through June, 2024
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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-86 - Determination by authority or executive director

Current through June, 2024
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;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-87 - Lapse of base zone development permit

Current through June, 2024
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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-22-88 - Modification of specific provisions for base zone development

Current through June, 2024
As a part of the base zone development permit review
					 process, the authority may modify plan and rule requirements for development
					 lots of 20,000 square feet or more of land area provided a public hearing is
					 held. Pursuant to §
										15-22-22, modifications may be
					 granted only to the following:
(1)
				  View corridor setbacks;
(2)
				  Yards;
(3) Loading
				  spaces;
(4) Parking;
(5) Heights; and
(6) Open space, as follows:
(A) Obstructions overhead that enhance
				  utilization and activity within open spaces or do not adversely affect the
				  perception of open space; and
(B)
				  Height from sidewalk elevation of four feet may be exceeded at a maximum
				  height-to-length of 1:12 if superior visual relief from building mass results.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 4 - PLANNED DEVELOPMENTS › Section 15-22-111 - Granting of planned development permits

Current through June, 2024
(a) The authority
				  may grant a planned development permit for a development within any of the
				  three mixed-use zones which it finds meets the requirements of this chapter.
				  The authority may impose conditions and requirements upon a planned development
				  permit as it finds are reasonable and necessary to carry out the purpose and
				  requirements of this subchapter.
(b) The application for a planned development
				  permit shall be accompanied by a fee of $325.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 4 - PLANNED DEVELOPMENTS › Section 15-22-112 - Eligibility for planned development permit

Current through June, 2024
The planned development option set forth by this
					 subchapter shall be available for any development lot which contains at least
					 10,000 square feet within any mixed-use zone.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 4 - PLANNED DEVELOPMENTS › Section 15-22-113 - Permitted uses

Current through June, 2024
(a) The uses permitted within a planned
				  development shall be any of the uses permitted within the mixed-use zone within
				  which the development is located.
(b) For any planned development of lots less
				  than 20,000 square feet in size within either MUZ-C or MUZ-R, no more than 1.2
				  FAR shall be placed in commercial use. For any planned development of lots
				  20,000 square feet or more in size within MUZ-C, no more than sixty per cent of
				  the total allowable floor area shall be placed in commercial use and the
				  remaining floor area shall be placed in multi-family dwellings. An exception to
				  the above requirements is any development within the area bounded by Punchbowl
				  Street, King Street, South Street, and Pohukaina Street where the total
				  allowable floor area may be placed in any permissible use. For any planned
				  development within MUZ-R, no more than 1.2 FAR shall be placed in commercial
				  use and the remaining floor area shall be placed in multi-family dwellings.
				  Within MUZ-RA, no more than .3 FAR of commercial use is allowed and the
				  remaining floor area shall be placed in multi-family dwellings.
(c) For any planned development, industrial
				  uses, if provided, shall be restricted within the platform. Multi-family
				  dwelling units, commercial uses and public uses may be located at any
				  level.
(d) In satisfying the
				  mixed-use requirements for planned developments, community service uses shall
				  be considered commercial.
(e) The
				  authority may exempt public improvements or projects from the minimum and
				  maximum ratio of residential and commercial floor area requirements of this
				  subchapter, provided that the granting of the exemption shall further the
				  purposes and intent of this chapter and the mauka area plan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 4 - PLANNED DEVELOPMENTS › Section 15-22-114 - Effect of other provisions of this chapter

Current through June, 2024
Unless specifically modified by the provisions of this
					 subchapter, all of the provisions of other subchapters of these rules shall be
					 applicable to the planned development.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 4 - PLANNED DEVELOPMENTS › Section 15-22-115.1 - Waiver of reserved housing cash in lieu payment

Current through June, 2024
(a) This
				  section shall apply to planned development applications submitted within
				  thirty-six months of September 15, 2001. Applications shall comply with all
				  requirements of this chapter. This section shall also apply to planned
				  development permit applications submitted pursuant to a master plan.
(b) A waiver of the required cash payment in
				  lieu amount shall be granted at the payment due date as set forth in section
				  15-22-115 and shall be based on the following:
(1) For projects with up to 200,000 square
				  feet of total floor area, waiver of cash payment in lieu amount shall be
				  granted if construction commencement takes place within eighteen months of
				  development permit approval and construction completion takes place within
				  thirty-six months of construction commencement; or
(2) For projects with more than 200,000
				  square feet of total floor area, waiver of cash payment in lieu amount shall be
				  granted if construction commencement takes place within twenty-four months of
				  development permit approval and construction completion takes place within
				  forty-eight months of construction commencement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 4 - PLANNED DEVELOPMENTS › Section 15-22-116 - Maximum development height, density, and tower footprints

Current through June, 2024
(a) Except as otherwise provided, any
				  applicant of a planned development permit who meets applicable provisions of
				  this subchapter shall be entitled to increases in maximum height, FAR and tower
				  footprint according to location and size of the development lot as shown in the
				  following table:
PLANNED DEVELOPMENTS IN ALL MIXED-USE ZONES MAUKA
								AREA
Lot Size (sq. ft.)
Building Height (feet)
FAR
Tower Footprint (sq. ft.)
10,000
65
1.8
5,000
20,000
100
2.0
8,000
40,000
200
2.5
14,000
60,000
300
3.0
15,000
80,000 or more
400
3.5
16,000
(b) For a development lot between 10,000 and
				  80,000 square feet, the maximum floor area ratio, the maximum building height
				  and maximum tower footprint are proportional to the parameters of the lots
				  enumerated in the above table.
(c)
				  For any planned 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 to the FAR allowed under
				  subsection (a) for the amount of the industrial use, nursing facilities,
				  assisted living administration and ancillary assisted 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.
(d) An exception
				  to the development parameters specified in subsections (a) and (b) of this
				  section are planned developments in the area bounded by Punchbowl Street, King
				  Street, South Street and Ala Moana Boulevard where the maximum building height
				  shall be sixty-five feet. The maximum floor area ratio for planned developments
				  in the area bounded by Punchbowl Street, King Street, South Street and
				  Pohukaina Street shall be 2.5.
(e)
				  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, decorative or recreational
				  features, including rooftop gardens, planter boxes, flag poles, spires, parapet
				  walls or ornamental cornices, roof-mounted mast, whip and dish antennae,
				  energy-saving devices, including heat pumps and solar collectors, 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 18 feet; and
(2)
				  Skylights not to exceed twenty feet from the platform deck level.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 4 - PLANNED DEVELOPMENTS › Section 15-22-117 - Other rules for applicants of planned developments

Current through June, 2024
(a)
				  Building setbacks along view corridor streets shall be required as provided in
				  the mauka area plan and shown in the exhibit entitled "View Corridor Setbacks",
				  dated June 1994, at the end of this chapter. View corridor streets designated
				  in the mauka area plan are shown in the exhibit entitled "View Corridor
				  Streets", dated April 1999, at the end of this chapter.
(b) For any planned development having
				  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) Within the area bounded by Punchbowl
				  Street, King Street, South Street and Pohukaina Street, a minimum of
				  twenty-five per cent of the lot area exclusive of parking areas shall be
				  devoted to open space, all of which shall be at grade. The required yard
				  setback area shall be included in calculating the open space.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 4 - PLANNED DEVELOPMENTS › Section 15-22-118 - Lapse of planned development permit

Current through June, 2024
(a) Any planned
				  development permit granted under the provisions of this subchapter shall
				  automatically lapse if the initial building permit authorizing the construction
				  of the foundation or superstructure of the project shall not have been issued
				  within two years from the date of the permit, or, if judicial proceedings to
				  review the decision to make the grant shall be instituted, from the date of
				  entry of the final order in such proceedings including all appeals.
(b) Should a planned development permit
				  provide for phased construction, the phases shall be constructed in accordance
				  with the time periods set forth therein; however, if no time is specified, the
				  planned development permit shall lapse if the building permit for the
				  subsequent phase shall not have been issued within one year of the issuance of
				  the occupancy permit for the previous phase.
(c) The authority may grant an extension to
				  the effective period of a planned development permit, not to exceed two years,
				  upon the applicant's request and justification in writing for an extension,
				  provided the request and justification are received by the authority at least
				  one hundred days in advance of the automatic termination date of the planned
				  development permit and there are no material changes in circumstances which may
				  be cause for denial of the extension. The authority shall hold a public hearing
				  on an extension request if a public hearing had been held on the planned
				  development permit or any variance or modification granted as part of the
				  planned development permit process.