reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-10 - Project eligibility review

Current through June, 2024
(a) The executive
				  director may require, prior to receipt of any application for a development
				  permit, a project eligibility review of the development project to consider the
				  project's relationship to the makai area plan, its impact on infrastructure
				  facilities such as streets, pedestrian and bicycle circulation, sanitary
				  sewers, drainage and water, and to improve efficiency and avoid unnecessary
				  delays and expense in processing the formal development application. No
				  development application for which a project eligibility review has been
				  required shall be considered until the project eligibility review has been
				  completed.
(b) To conduct project
				  eligibility review, the applicant shall provide sufficient information that the
				  executive director may reasonably request, such as the proposed site plan,
				  basic massing, floor area allocation and location of proposed uses, off-street
				  parking and loading, pedestrian and vehicular circulation, topography (existing
				  and proposed), and location of existing and proposed improvements and
				  utilities.
(c) To the extent
				  possible, project eligibility review shall be completed within thirty days of
				  the executive director's determination to require the review.
(d) Developments shall not be approved unless
				  adequate infrastructure facilities are or will be made available to service the
				  proposed development prior to occupancy. The executive director may consult
				  with applicable governmental agencies regarding the adequacy of infrastructure
				  requirements. Any development approval may be conditioned with the requirement
				  that the concerns and requirements of appropriate governmental agencies
				  relative to the adequacy of infrastructure facilities for the proposed
				  development are satisfied.
(e)
				  Notwithstanding the requirement for a project eligibility review, potential
				  applicants may seek preliminary review of their proposed developments with the
				  executive director prior to submitting an application for a development
				  permit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-11 - Development permits

Current through June, 2024
(a) A development
				  permit certifying that the development complies with this chapter and the makai
				  area plan shall be obtained from the authority prior to the issuance of a
				  building permit.
(b) An application
				  to the authority for a development permit shall include complete, detailed
				  information showing that the development complies with all of the provisions of
				  this chapter and the makai area plan. The authority may determine the nature
				  and extent of the information required in the application.
(c) Development permits approved by the
				  authority or executive director may be amended by the same provided the
				  applicant demonstrates how the amendment would advance the purposes of
				  redevelopment and be consistent with the intent of this chapter and the makai
				  area plan. When considering a request for amendment to a development permit,
				  the following shall be adhered to:
(1) A
				  public hearing shall be held if the amendment concerns an issue that would have
				  required a public hearing prior to issuance of a development permit and the
				  amendment does not qualify for administrative amendment as delegated by the
				  authority to the executive director; and
(2) The authority or executive director, as
				  the case may be, may attach conditions or require compliance with any other
				  provisions of this chapter or the makai area plan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-12 - Administration

Current through June, 2024
The authority, through its executive director, shall
					 administer the provisions of this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-13 - Appeals

Current through June, 2024
(a) The authority shall hear and determine
				  appeals from the actions of the executive director in the administration of
				  this chapter. An appeal shall be sustained only if the authority finds that the
				  executive director's action was based on an erroneous finding of a material
				  fact, or that the executive director had acted in an arbitrary or capricious
				  manner or had manifestly abused discretion.
(b) All appeals and appeal procedures shall
				  comply with the provisions of subchapter 7 of chapter
				  15-16.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-14 - Variances

Current through June, 2024
(a) The authority shall hear and determine
				  petitions for varying the application of this chapter with respect to a
				  specific parcel of land and building, and may grant a variance based on
				  unnecessary hardship if the record shows that:
(1) The applicant would be deprived of the
				  reasonable use of land or building if it were used only for the purpose allowed
				  in that zone;
(2) The request of
				  the applicant is due to unique circumstances and not the general conditions in
				  the neighborhood, so that the reasonableness of the neighborhood zoning is not
				  drawn into question; and
(3) The
				  use sought to be authorized by the variance will not alter the essential
				  character of the locality nor be contrary to the intent and purpose of this
				  chapter or the Kakaako plan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-15 - Nonconformities

Current through June, 2024
(a) Except as otherwise provided,
				  nonconforming uses of land and structures, and nonconforming lots, structures,
				  parking, and loading within the makai area may be continued subject to the
				  provisions of this section.
(b) Any
				  provision to the contrary notwithstanding, existing industrial and commercial
				  uses which meet reasonable performance standards as contained in this chapter
				  shall be permitted to continue in appropriate locations within the
				  district.
(c) Nonconforming uses
				  may be permitted anywhere within the existing makai area.
(d) Nonconforming use of land shall not:
(1) Be enlarged, increased, or extended to
				  occupy a greater area of land than was occupied on October 10, 1998;
(2) Continue if it ceases for any reason
				  (except where government action impedes access to the premises) for a period of
				  more than six consecutive months or for twelve months during any three-year
				  period; or
(3) Be moved in whole or
				  in part to any portion of the lot or parcel other than that occupied by the use
				  on October 10, 1998.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-16 - Application fees

Current through June, 2024
(a) Applications for which a public hearing
				  is required shall be accompanied by an application fee. The application fee
				  shall consist of the following:
(1) A
				  nonrefundable processing fee of $2 0 0 to defray expenses associated with staff
				  review, preparation of a report to the authority, and to conduct the public
				  hearing; and
(2) A fee for the
				  publication and transmittal of the hearing notice. The cost of the hearing
				  notice shall be refunded only if the public hearing notice has not been
				  submitted to the publishing agency. If a joint hearing is held for more than
				  one permit requiring a public hearing for a single development project, only
				  one public hearing fee shall be charged.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-17 - Violations

Current through June, 2024
(a) The authority may maintain an action for
				  an injunction to restrain any violation of this chapter or the makai area plan,
				  and may take lawful action to prevent or remedy any violation.
(b) When a violation is found to have
				  occurred the executive director shall require that corrective action be taken
				  and may impose administrative penalties pursuant to subchapter 8 of chapter
				  15-16.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-18 - Amendments

Current through June, 2024
This chapter may be amended pursuant to chapter
					 91, HRS, as may be
					 necessary.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-19 - Severability

Current through June, 2024
(a) If a court of competent jurisdiction
				  finds any provision or provisions of this chapter to be invalid or ineffective
				  in whole or in part, the effect of that decision shall be limited to those
				  provisions which are expressly stated in the decision to be invalid or
				  ineffective, and all other provisions of these rules shall continue to be
				  separately and fully effective
(b)
				  If a court of competent jurisdiction finds the application of any provision or
				  provisions of this chapter to any zoning lot, building or other structure, or
				  tract of land to be invalid or ineffective in whole or in part, the effect of
				  that decision shall be limited to the person, property, or situation
				  immediately involved in the controversy, and the application of any such
				  provision to other persons, property, or situations shall not be
				  affected.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-20 - Interpretation by the executive director

Current through June, 2024
(a) In
				  administering this chapter, the executive director may when deemed necessary
				  render written interpretations to clarify or elaborate upon the meaning of
				  specific provisions of this chapter for intent, clarity and applicability to a
				  particular situation.
(b) A written
				  interpretation shall be signed by the executive director and include the
				  following:
(1) Identification of the section
				  of this chapter in question;
(2) A
				  statement of the problem;
(3) A
				  statement of interpretation; and
(4) A justification statement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-21 - Zoning adjustments and waivers

Current through June, 2024
(a) When a
				  development standard contained in this chapter identifies specific
				  circumstances under which a revision is appropriate, an applicant may request
				  an adjustment to the standard. An adjustment request is to be filed with
				  supporting material specifying the requested adjustment and the manner in which
				  the proposed project qualifies for the adjustment. A request for adjustment
				  shall be approved by the executive director upon finding that criteria for the
				  adjustment specified in the standard are satisfied.
(b) The strict application of the development
				  or design standards of this chapter may be waived by the executive director for
				  public uses and utility installations. The granting of the waiver shall not,
				  under the circumstances and conditions applied in the particular case,
				  adversely affect the health and safety of persons, and shall not be materially
				  detrimental to the public welfare or injurious to nearby property improvements.
				  The burden of proof in showing the reasonableness of the proposed waiver shall
				  be on the applicant seeking the waiver.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 1 - GENERAL PROVISIONS › Section 15-23-22 - Automatic approvals

Current through June, 2024
(a) The following
				  development-related permits and approvals shall be deemed approved if no
				  decisions are made granting or denying them within the following review
				  periods:
(1) Master plan permits; 200
				  days;
(2) Development permits: 160
				  days;
(3) Certificates of
				  appropriateness: 160 days;
(4)
				  Conditional use permits for off-site parking or joint use of parking: 160
				  days;
(5) Variances: 100 days;
(6) Modifications: 100
				  days;
(7) Certificates of project
				  eligibility: 60 days;
(8)
				  Conditional use permits for vacant land: 30 days;
(9) Zoning adjustments and waivers: 30 days;
				  and
(10) Temporary use permits: 10
				  days.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-30 - Establishment of land use zones

Current through June, 2024
Within the makai area, there are hereby established the
					 following land use zones:
(1)
				  Mixed-use zone (MUZ);
(2)
				  Waterfront commercial (WC);
'(3)
				  Mixed-use zone industrial (MUZ-I);
(4) Park (P); and
(5) Public use areas (PU).
The boundaries for each zone are set forth in Exhibit 2
					 entitled "Land Use Zones", dated September 2005, 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-31 - MUZ zone: purpose and intent

Current through June, 2024
The mixed-use zone (MUZ) established by this chapter is
					 designed to promote and protect the public health, safety, and general welfare.
					 These general goals include, among others, the following specific
					 purposes:
(1) To provide a subdistrict
				  whereby a variety of residential and commercial uses may coexist compatibly
				  within the same area. The emphasis within this zone shall be to develop a
				  mixed-use multi-storied area which will provide housing, jobs, and other
				  employment opportunities. In addition, the area will support a variety of
				  appropriate community facilities for residents and workers;
(2) To create a truly vibrant living and
				  working environment by regulating the density and bulk of buildings in relation
				  to the land around them and to one another, by requiring the provision of open
				  space and encouraging the development of job opportunities;
(3) To provide freedom of architectural
				  design, in order to encourage the development of more attractive and economic
				  building forms; and
(4) To promote
				  the most desirable use of land and direction of building development in accord
				  with a well-considered plan, to promote stability of residential and commercial
				  development, to protect the character of the district and its peculiar
				  suitability for particular uses, and to conserve the value of land and
				  buildings.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-33 - WC zone: purpose and intent

Current through June, 2024
The waterfront commercial zone (WC) established by this
					 chapter is designed to promote and protect the public health, safety, and
					 general welfare. These general goals include, among others, the following
					 specific purposes:
(1) To promote an
				  environment where residential and retail commercial uses will coexist
				  compatibly alongside maritime uses; and
(2) To promote the most desirable use of land
				  and adjacent water uses in accordance with a well-considered plan, to promote
				  stability of surrounding land uses, to protect the character of the district
				  and its peculiar suitability for particular uses, and to conserve the value of
				  land and buildings.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-34 - WC zone: use rules

Current through June, 2024
Within the watetfront commercial zone (WC), the following
					 uses and structures shall be permitted:
(1) Commercial uses:
(A) Food markets, stores, delicatessens,
				  bakeries;
(B) Drug
				  stores;
(C) Liquor
				  stores;
(D) General
				  merchandise;
(E) Apparel and
				  accessories;
(F) Eating and
				  drinking establishments;
(G)
				  Furniture, home furnishing, and equipment;
(H) Variety stores;
(I) Passenger transportation
				  terminals;
(J) Theaters, museums,
				  art galleries, libraries, and historical sites;
(K) Commercial recreation and entertainment
				  facilities; and
(L) Offices,
				  professional offices, travel agencies, and other office uses.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-37 - MUZ-I zone: purpose and intent

Current through June, 2024
The purpose of the mixed-use zone industrial (MUZ-I)
					 established by this chapter is designed to promote and protect the public
					 health, safety, and general welfare. These general goals include, among others,
					 the following specific purposes:
(1)
				  To provide a subdistrict whereby a variety of waterfront industrial and
				  commercial uses may coexist compatibly within the same area. The emphasis
				  within this zone shall be to develop a predominantly waterfront industrial area
				  which will provide jobs and other employment opportunities. In addition, the
				  area will support a variety of appropriate commercial and community facilities
				  for workers;
(2) To ensure that
				  harbor-related industrial activities that are vital to the performance of the
				  port functions at Piers 1 and 2 are continued and facilitated; and
(3) To promote the most desirable use of land
				  and direction of building development in accord with a well-considered plan, to
				  promote stability of industrial and commercial development, to protect the
				  character of the district and its peculiar suitability for particular uses, and
				  to conserve the value of land and buildings.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-38 - MUZ-I zone: use rules

Current through June, 2024
Within the mixed-use zone industrial (MUZ-I), the
					 following uses and structures shall be permitted:
(1) Waterfront industrial uses:
(A) Piers, wharves and docks,-
(B) Terminals for passengers arriving or
				  departing by ship ferry or watertaxi;
(C) Sales offices for commercial maritime
				  operations;
(D) Boating and fishing
				  services and supplies;
(E) Fish and
				  seafood wholesaling;
(F) Utilities
				  installations; and
(G) Maritime
				  fuel operations.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-39 - MUZ-I zone: development standards

Current through June, 2024
The following shall apply to waterfront industrial uses
					 within the MUZ-I zone:
(1) On-site
				  open space shall not be required;
(2) One off-street parking space for every
				  two employees or one space per one thousand square feet of floor area,
				  whichever is greater, shall be required; and
(3) Public facilities fees shall not be
				  required.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-40 - Park areas

Current through June, 2024
Within areas designated "Park" (P), the following uses
					 shall be permitted:
(1)
				  Amphitheaters;
(2) Performing arts
				  centers;
(3) Museums, art galleries
				  and workshops;
(4) Aquariums and
				  [marine] research facilities;
(5)
				  Active and passive recreation;
(6)
				  Gardens, greenhouses;
(7)
				  Parking;
(8) Exploratoriums;
				  and
(9) Uses and structures which
				  are customarily accessory and clearly incidental and subordinate to principal
				  uses and structures. The authority may allow other uses, provided that such
				  other uses shall further the purpose and intent of this chapter and the makai
				  area plan.
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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-41 - Public areas

Current through June, 2024
Within areas designated "Public" (PU), the provisions
					 applicable to the adjacent land use zone shall apply. In addition, the
					 following uses shall be permitted:
(1)
				  Utility substations;
(2) Museums;
				  and
(3) Uses and structures which
				  are customarily accessory and clearly incidental and subordinate to principal
				  uses and structures.
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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-42 - 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 ten thousand square feet and a lot width
					 and depth of no less than sixty 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-43 - 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 2 - LAND USE ZONE RULES › Section 15-23-60 - 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-61 - 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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-62 - Density

Current through June, 2024
The maximum floor area ratio (FAR) for any development lot
					 within any land use zone shall be as set forth in Exhibit 3, entitled "Maximum
					 Height and Density Plan", dated September 2005, 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-63 - Heights

Current through June, 2024
(a) No portion of any-building or other
				  structure located within any land use zone shall exceed the height set forth in
				  Exhibit 3, entitled "Maximum Height and Density Plan", dated September 2005,
				  and attached at the end of this chapter.
(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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-64 - Yards

Current through June, 2024
(a) Every yard bounded by a street shall be a
				  front yard. A minimum front yard of fifteen feet in depth shall be required for
				  each development lot. The minimum front yard may be waived if commercial use is
				  provided at grade that enhances the pedestrian environment. Notwithstanding the
				  foregoing, the block bounded by Ala Moana Boulevard, Cooke, Halo, and Coral
				  [and Halo] Streets shall have a minimum front yard of thirty feet in depth on
				  its Cooke Street boundary and no front yard shall be required on its Coral
				  Street boundary.
(b) The minimum
				  side and rear yard requirements shall be as follows:
(1) For structures without windows or
				  openings facing side or rear property lines, no side or rear yard shall be
				  required;
(2) For structures
				  containing windows or openings facing side or rear property lines, the minimum
				  side yard shall be ten feet, and the minimum rear yard shall be ten feet;
				  and
(3) Parking spaces may extend
				  to side and rear property lines through the zoning adjustment process specified
				  in section 15-23-21, subject to the following conditions:
(A) An area or areas of required yards
				  equivalent to the area to be used for parking or accessory use structures is
				  provided elsewhere on the zoning lot. This equivalent area shall be maintained
				  in landscaping, except for drives or walkways necessary for access to adjacent
				  streets. Parking may overhang yard areas up to three feet if wheel stops are
				  installed. A minimum of fifty per cent of the equivalent area shall be
				  contiguous to the street frontage abutting the zoning lot.
(B) Any parking floor situated within ten
				  feet of the property line shall not be more than four feet above existing
				  grade.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-65 - 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;
(3) Not to be used for driveways, loading
				  purposes, or storage, or for the parking of vehicles; and
(4) Visible and open to the public during
				  normal business hours.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-67 - Building envelopes

Current through June, 2024
Building envelopes for developments shall conform with
					 requirements set forth in Exhibit 4, entitled "Maximum Building Envelope",
					 dated September 2005, attached at the end of this chapter. Towers shall
					 generally be oriented with the long axis in the mauka-makai direction.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-70 - 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-72 - 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 may 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-73 - Public facilities fee

Current through June, 2024
(a) This section
				  shall apply to any development within the makai 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 within the makai area on October 10, 1998, or
				  at the time of application for a development permit, excluding proposed
				  demolitions, whichever is less. All new floor area of a development subject to
				  this section shall pay a public facilities fee.
(b) As a condition precedent to the issuance
				  of a development permit, the developer shall agree to payment of a fee for
				  public facilities for the joint use by the occupants and employees of the
				  development as well as by the public. The public facilities fee shall be
				  established at a sum equal to the fair market value of land for the following
				  respective land uses:
(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; 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-74 - 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 makai 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 15-23-15.
(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 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-75 - Development of properties within the Aloha tower special district

Current through June, 2024
(a) Properties within the Aloha tower special
				  district as set forth in Exhibit 1, entitled "Makai Area Context Plan", dated
				  September 2005, and attached at the end of this chapter shall be developed so
				  that the resulting development is capable of integration into any overall
				  development plan which may be adopted for the Honolulu waterfront and the
				  development objectives of the Aloha tower development corporation, as
				  identified in section 15-26-38.
(b)
				  Permitted uses within the Aloha tower special district shall be any of the uses
				  which the authority finds compatible with the makai area plan, and capable of
				  integration into any overall development plan which may be adopted for the
				  Honolulu waterfront and the development objectives of the Aloha tower
				  development corporation.
(c) In
				  approving development permits for projects within the Aloha tower special
				  district, the authority may impose on the applicant conditions and requirements
				  that are reasonable and necessary to carry out the intent of any overall
				  development plan which may be adopted for the Honolulu waterfront and the
				  development objectives of the Aloha tower development corporation.
(d) Any provision to the contrary
				  notwithstanding, the authority may waive requirements of these rules or the
				  makai area plan for developments within the Aloha tower special district
				  provided the authority is assured that the waiver will result in an increase of
				  public benefits to the Aloha tower development project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-76 - Utilities required to be underground

Current through June, 2024
(a) Public utility
				  companies shall place utility lines underground within the district. The
				  location of all utility structures placed on pads shall be subject to the
				  executive director's approval.
(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) 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; and
(2) Electric distribution or transmission
				  system in excess of fifteen kilovolts supported on metal or concrete poles
				  without crossarms.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-77 - Environmental standards

Current through June, 2024
(a) No building
				  wall shall contain a reflective surface for more than thirty per cent 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
				  makai 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-78 - 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-79 - 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-80 - 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. The maximum
				  building height and density shall be calculated on the basis of the combined
				  land area of all lots being included in the joint development project. Should
				  joint development involve mauka area and makai area lots, floor area and uses
				  permissible in the mauka area shall not be transferred to the makai
				  area.
(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 or to the executive
				  director, as the case may be.
(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, as the case may be. The
				  agreement shall be subject to the approval of the authority or executive
				  director, as the case may be.
(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 makai 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 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-81 - 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 Kakaako district.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 23 - THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT RULES FOR THE MAKAI AREA › Subchapter 3 - GENERAL DEVELOPMENT REQUIREMENTS › Section 15-23-84 - Determination by authority or executive director

Current through June, 2024
In reaching its determination on an application for a
					 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;
(A) Are of such size and location as
				  to serve as convenient areas for recreation, relaxation, and social activities
				  for the 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;