reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 6 - IMPROVEMENT DISTRICT 5 › Section 15-20-35 - Public land or land exempt from taxation

Current through June, 2024
(a) Whenever any
				  public land, except lands owned by the board of water supply, or any land by
				  law exempted from improvement assessments, or any land exempted by law from
				  payment of property taxes which land is owned by an eleemosynary organization,
				  is situated within any assessment area and would, if privately owned or not
				  exempt from such assessment, be subject to assessment, the authority shall,
				  nevertheless, without assessing such public or exempted land for any part of
				  the cost of such improvements, pay toward such improvements the portion of the
				  cost thereof which would otherwise be assessable against the same in a lump sum
				  or in such equal installments and with such interest thereon as the authority
				  shall determine. In the event, however, any part of such exempt lands as
				  described in this section, except public lands, may be required for
				  right-of-way or easement purposes within such assessment areas the value
				  thereof shall be chargeable to the assessment area, and upon acquisition the
				  owner shall be compensated therefor in the following manner:
(1) Where the value of the part taken
				  together with any severance damages exceeds the portion of the cost of the
				  improvements which would otherwise be assessable against the exempt land, the
				  authority shall pay the difference to the owner;
(2) Where the value is less than the portion
				  of the cost of improvements which would otherwise be assessable against such
				  exempt lands, the value of the land shall be deducted therefrom and the
				  authority shall pay the balance of the assessment as provided herein.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 7 - IMPROVEMENT DISTRICT 7 › Section 15-20-36 - Improvement district 7

Current through June, 2024
The boundary of the assessment district, the assessment
					 methods, the improvement to be constructed, the cost, the portion of the cost
					 to be borne by the authority, the utility companies and the property owners,
					 together with the lands to be condemned and the rate of assessments, are set
					 forth in an assessment report of plans and details for the permanent
					 improvement of the streets and utilities for improvement district 7 of the
					 Kakaako community development district. The Assessment Report dated April 1998
					 is made a part of this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 7 - IMPROVEMENT DISTRICT 7 › Section 15-20-37 - Definitions

Current through June, 2024
As used in this subchapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Eleemosynary organization" means a society, association,
					 or corporation engaged in religious, charitable, educational, scientific,
					 literary, or other benevolent purposes, whose charter or other enabling act
					 contains a provision that, in the event of dissolution, the land owned by such
					 society, association, or corporation shall be distributed to another society,
					 association, or corporation engaged in religious, charitable, educational,
					 scientific, literary, or other benevolent purposes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 7 - IMPROVEMENT DISTRICT 7 › Section 15-20-38 - Public land or land exempt from taxation

Current through June, 2024
(a) Whenever any
				  public land, except lands owned by the board of water supply, or any land by
				  law exempted from improvement assessments, or any land exempted by law from
				  payment of property taxes which land is owned by an eleemosynary organization,
				  is situated within any assessment area and would, if privately owned or not
				  exempt from such assessment, be subject to assessment, the authority shall,
				  nevertheless, without assessing such public or exempted land for any part of
				  the cost of such improvements, pay toward such improvements the portion of the
				  cost thereof which would otherwise be assessable against the same in a lump sum
				  or in such equal installments and with such interest thereon as the authority
				  shall determine. In the event, however, any part of such exempt lands as
				  described in this section, except public lands, may be required for
				  right-of-way or easement purposes within such assessment areas the value
				  thereof shall be chargeable to the assessment area, and upon acquisition the
				  owner shall be compensated therefor in the following manner:
(1) Where the value of the part taken
				  together with any severance damages exceeds the portion of the cost of the
				  improvements which would otherwise be assessable against the exempt land, the
				  authority shall pay the difference to the owner;
(2) Where the value is less than the portion
				  of the cost of improvements which would otherwise be assessable against such
				  exempt lands, the value of the land shall be deducted therefrom and the
				  authority shall pay the balance of the assessment as provided herein.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 8 - IMPROVEMENT DISTRICT 9 › Section 15-20-39 - Improvement district 9

Current through June, 2024
The boundary of the assessment district, the assessment
					 methods, the improvement to be constructed, the cost, the portion of the cost
					 to be borne by the authority, the utility companies and the property owners,
					 together with the lands to be condemned and the rate of assessments, are set
					 forth in an assessment report of plans and details for the permanent
					 improvement of the streets and utilities for improvement district 9 of the
					 Kakaako community development district. The Assessment Report dated February
					 2000 is made a part of this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 8 - IMPROVEMENT DISTRICT 9 › Section 15-20-40 - Definitions

Current through June, 2024
As used in this subchapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Eleemosynary organization" means a society, association,
					 or corporation engaged in religious, charitable, educational, scientific,
					 literary, or other benevolent purposes, whose charter or other enabling act
					 contains a provision that, in the event of dissolution, the land owned by such
					 society, association, or corporation shall be distributed to another society,
					 association, or corporation engaged in religious, charitable, educational,
					 scientific, literary, or other benevolent purposes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 8 - IMPROVEMENT DISTRICT 9 › Section 15-20-41 - Public land or land exempt from taxation

Current through June, 2024
(a) Whenever any
				  public land, except lands owned by the board of water supply, or any land by
				  law exempted from improvement assessments, or any land exempted by law from
				  payment of property taxes which land is owned by an eleemosynary organization,
				  is situated within any assessment area and would, if privately owned or not
				  exempt from such assessment, be subject to assessment, the authority shall,
				  nevertheless, without assessing such public or exempted land for any part of
				  the cost of such improvements, pay toward such improvements the portion of the
				  cost thereof which would otherwise be assessable against the same in a lump sum
				  or in such equal installments and with such interest thereon as the authority
				  shall determine. In the event, however, any part of such exempt lands as
				  described in this section, except public lands, may be required for
				  right-of-way or easement purposes within such assessment areas the value
				  thereof shall be chargeable to the assessment area, and upon acquisition the
				  owner shall be compensated therefor in the following manner:
(1) Where the value of the part taken
				  together with any severance damages exceeds the portion of the cost of the
				  improvements which would otherwise be assessable against the exempt land, the
				  authority shall pay the difference to the owner;
(2) Where the value is less than the portion
				  of the cost of improvements which would otherwise be assessable against such
				  exempt lands, the value of the land shall be deducted therefrom and the
				  authority shall pay the balance of the assessment as provided herein.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 9 - IMPROVEMENT DISTRICT 10 › Section 15-20-42 - Improvement district 10

Current through June, 2024
The boundary of the assessment district, the assessment
					 methods, the improvement to be constructed, the cost, the portion of the cost
					 to be borne by the authority, the utility companies and the property owners,
					 together with the lands to be condemned and the rate of assessments, are set
					 forth in an assessment report of plans and details for the permanent
					 improvement of the streets and utilities for improvement district 10 of the
					 Kakaako community development district. The Assessment Report dated March 2002
					 is made a part of this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 9 - IMPROVEMENT DISTRICT 10 › Section 15-20-43 - Definitions

Current through June, 2024
As used in this subchapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Eleemosynary organization" means a society, association,
					 or corporation engaged in religious, charitable, educational, scientific,
					 literary, or other benevolent purposes, whose charter or other enabling act
					 contains a provision that, in the event of dissolution, the land owned by such
					 society, association, or corporation shall be distributed to another society,
					 association, or corporation engaged in religious, charitable, educational,
					 scientific, literary, or other benevolent purposes.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 20 - IMPROVEMENT DISTRICT RULES › Subchapter 9 - IMPROVEMENT DISTRICT 10 › Section 15-20-44 - Public land or land exempt from taxation

Current through June, 2024
(a) All lands
				  situated within any assessment area shall be subject to improvement
				  assessments, except the following:
(1) Public
				  lands, except lands owned by the board of water supply;
(2) Any land, which by law is exempted from
				  improvement assessments; or
(3) Any
				  land, exempted by law from the payment of property taxes, which is owned by an
				  eleemosynary organization.
The authority shall pay toward the portion of the cost of
					 improvements, which would otherwise be assessed to the aforementioned exempt
					 lands as if such lands were privately owned or not exempt from
					 assessments.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 21 - DEVELOPMENT PROGRAM › Section 15-21-1 - Private enterprise initiated projects

Current through June, 2024
(a) Persons may
				submit written proposals to the authority for the development of public
				facilities, redevelopment projects, or other projects which propose joint
				agency and private enterprise initiative to effect the public purposes
				established by a community development district plan. The proposal shall
				include the following information:
(1)
				General description of the project;
(2) The public purpose to be
				effectuated;
(3) Background and
				experience of the proposer including:
(A)
				Qualifications and experience of principal persons and entities associated with
				the proposal;
(B) Financial
				capability;
(C) Previous joint
				public and private proposals and relationships; and
(D) Ability to guarantee performance to the
				extent required by the authority.
(4) Data to identify the project and the
				relevant mechanics related thereto which shall include as appropriate the
				following: physical description, location, budgets, timetables, financial
				feasibility, proposed financing, marketing report and environmental
				requirements;
(5) Government's
				proposed involvement including required commitments, expected benefits, the
				extent of any guarantees required of or provided to government;
(6) General discussion of proposal including
				perceived benefits and risk; and
(7) Any other information that the authority
				may deem appropriate in making a determination on the proposal.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 21 - DEVELOPMENT PROGRAM › Section 15-21-2 - Authority initiated projects

Current through June, 2024
The authority may undertake redevelopment or public facility
				  projects as it deems appropriate to effectuate the purposes of a community
				  development district plan. The executive director may be authorized to expend
				  moneys from the Hawaii community development authority revolving fund created
				  by section
				  206E-16,
				  HRS, or such other available funds for the purpose of preparing preliminary
				  reports or studies in conjunction with the redevelopment or public facility
				  projects.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-1 - General purposes

Current through June, 2024
(a) The legislature
				  of the State of Hawaii, by chapter 206E, HRS, established the Kakaako community
				  development district (hereinafter "Kakaako district"). In so doing, the
				  legislature determined that there was a need for replanning, renewal, or
				  redevelopment of that area. The legislature found the following respecting the
				  Kakaako district:
(1) The Kakaako district is
				  centrally located in Honolulu proper, in close proximity to the central
				  business district, the government center, commercial, industrial, and market
				  facilities, major existing and contemplated transportation routes and
				  recreational and service areas;
(2)
				  The Kakaako district, because of its present function as a service and light
				  industrial area, is relatively underdeveloped and has, especially in view of
				  its proximity to the urban core where the pressure for all land uses is strong,
				  the potential for increased growth and development that can alleviate community
				  needs such as low- or moderate-income housing, parks and open space, and
				  commercial and industrial facilities;
(3) The Kakaako district, if not redeveloped
				  or renewed, has the potential to become a blighted and deteriorated area.
				  Because of its present economic importance to the State in terms of industry
				  and subsequent employment, there is a need to preserve and enhance its value
				  and potential; and
(4) Kakaako has
				  a potential, if properly developed and improved, to become a planned new
				  community in consonance with surrounding urban areas.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-2 - Development guidance policies

Current through June, 2024
The development guidance policies governing the
					 authority's actions in the Kakaako district have been set forth by the
					 legislature in section
					 206E-33,
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-3 - Title

Current through June, 2024
These rules shall be known and may be cited as the Kakaako
					 community development district rules for 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 1 - GENERAL PROVISIONS › Section 15-22-6 - Rules for construction of language

Current through June, 2024
The following rules of construction apply to the text of
					 this chapter.
(1) The particular shall
				  control the general;
(2) In case of
				  any difference of meaning or implication between the text of this chapter and
				  any caption, illustration, map, summary table, or illustrative table, the text
				  shall control;
(3) The word 'shall"
				  is always mandatory and not discretionary. The word "may" is
				  permissive;
(4) Words used in the
				  present tense shall include the future; and words used in the singular number
				  shall include the plural, and the plural the singular, unless the context
				  clearly indicates the contrary;
(5)
				  A "building" or 'structure" includes any part thereof;
(6) The phrase "used for" includes "arranged
				  for", "designed for", "intended for", "maintained for", or "occupied
				  for";
(7) The word "person"
				  includes an individual, a corporation, a partnership, an incorporated
				  association, or any other similar entity;
(8) Unless the context clearly indicates the
				  contrary, where a rule involves two or more items, conditions, provisions, or
				  events connected by the conjunction "and", "or", or "either...or", the
				  conjunction shall be interpreted as follows:
(A) "And" indicates that all the connected
				  items, conditions, provisions, or events shall apply.
(B) "Or" indicates that the connected items,
				  conditions, provisions, or events may apply singly or in any
				  combination.
(C) "Either...or"
				  indicates that the connected items, conditions, provisions, or events shall
				  apply singly but not in combination;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-7 - Establishment of the Kakaako community development district

Current through June, 2024
(a)
				  The Kakaako community development district was established by the legislature
				  in 1976. As originally established, the district included that area bounded by
				  King Street, Piikoi Street from its intersection with King Street to Ala Moana
				  Boulevard, Ala Moana Boulevard from Piikoi Street to its intersection with
				  Punchbowl Street, and Punchbowl Street to its intersection with King
				  Street.
(b) The legislature, during
				  its 1982, 1987 and 1990 sessions, revised the district's boundary to include an
				  area of approximately 221 acres makai of Ala Moana Boulevard, also known as the
				  "makai area". The provisions of chapter
				  15-23, Hawaii Administrative Rules,
				  shall apply to the makai area.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-9 - Methods of development

Current through June, 2024
The following types of development are permitted in each
					 of the mixed-use zones:
(1) Base zone
				  development: Base zone developments shall comply with the applicable use, area,
				  bulk, open space, density, parking, performance standards, and other
				  appropriate rules as set forth in subchapters
				  2 and 3, and all other applicable
				  rules.
(2) Planned development:
				  Planned developments shall comply with the provisions of subchapter 4 and all
				  other applicable rules. The planned development option permits greater
				  densities and some negotiation and modification of requirements. In exchange,
				  certain public facilities, amenities, and reserved housing units must be
				  provided by the developer where applicable.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-10 - Project eligibility review

Current through June, 2024
(a) The executive
				  director may require, prior to receipt of any application for a base zone
				  development or planned development permit, a project eligibility review of the
				  development project to consider the project concept and 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
				  which 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) Base zone development
				  or planned development 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 base zone development or planned 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 base zone development or planned development permit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-11 - Requirement of base zone development and planned development permit

Current through June, 2024
(a) A building permit shall not be issued for
				  any development within the mauka area until the developer has obtained from the
				  authority either a base zone development permit or a planned development permit
				  certifying that the development complies with this chapter and the mauka area
				  plan.
(b) An application to the
				  authority for a base zone development or planned development permit shall
				  include complete, detailed information showing that the development complies
				  with all of the provisions of this chapter and the mauka area plan. The
				  authority may determine the nature and extent of the information required in
				  the application.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-13 - 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 his discretion.
(b) All appeals and appeal procedures shall
				  comply with the provisions of subchapter 7 of chapter
				  15-16, Hawaii Administrative Rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-14 - 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 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 1 - GENERAL PROVISIONS › Section 15-22-15 - 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 mauka area may be continued subject to the
				  provisions hereinafter specified.
(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 use of land shall not:
(1) Be enlarged, increased or extended to
				  occupy a greater area of land than was occupied on February 27, 1982;
(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 February 27, 1982;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-16 - 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 $200 to defray expenses associated with staff
				  review, preparation of a report to the authority and for holding 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 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-17 - Violations

Current through June, 2024
(a) The authority may maintain an action for
				  an injunction to restrain any violation of this chapter or the mauka 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 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-19 - 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 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-20 - 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.
(4) A
				  justification statement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-21 - 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 or 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 22 - MAUKA AREA RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-22-22 - Conditions for modification

Current through June, 2024
(a) In order for
				  the authority to consider modification of specific provisions, the applicant
				  must demonstrate that:
(1) The modification
				  would provide flexibility and result in a development that is practically and
				  aesthetically superior to that which could be accomplished with the rigid
				  enforcement of this chapter;
(2)
				  The modification would not adversely affect adjacent developments or uses;
				  and
(3) The resulting development
				  will be consistent with the intent of 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 1 - GENERAL PROVISIONS › Section 15-22-23 - 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) Planned development
				  permits: 160 days;
(3) Base zone
				  development permits: 160 days;
(4)
				  Certificates of appropriateness: 160 days;
(5) Conditional use permits for off-site
				  parking or joint use of parking: 160 days;
(6) Variances: 100 days;
(7) Modifications: 100 days;
(8) Certificates of project eligibility: 60
				  days;
(9) Conditional use permits
				  for vacant land: 30 days;
(10)
				  Zoning adjustments and waivers: 30 days; and
(11) Temporary use permits: 10
				  days.
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 15-22-30 - Establishment of land use zones

Current through June, 2024
Within the mauka area, there are hereby established the
					 following land use zones:
(1)
				  Mixed-Use Zone - Commercial Emphasis (MUZ-C);
(2) Mixed-Use Zone - Residential Emphasis
				  (MUZ-R);
(3) Mixed-Use Zone -
				  Residential A Emphasis (MUZ-RA);
(4) Park at grade (P); and
(5) Public Use Areas (PUBLIC).
The boundaries for each zone are set forth in the exhibit
					 entitled "Land Use Plan", dated April 1999, 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 2 - LAND USE ZONE RULES › Section 15-22-31 - MUZ-C: purpose and intent

Current through June, 2024
The mixed-use zone commercial emphasis (MUZ-C) 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
				  mixed-use subarea whereby residential, commercial, industrial and public uses
				  may coexist compatibly within the same area. The primary emphasis within this
				  zone shall be to develop a predominantly commercial multi-storied area which
				  will provide much needed jobs and other employment opportunities for the
				  residents. In addition, the area will support a wide variety of housing types,
				  with a mixture of residents of various age groups, incomes, and family groups
				  which will be located above the industrial or commercial uses; together with
				  appropriate community facilities for residents and workers;
(2) To encourage industrial uses in
				  appropriate areas provided they meet reasonable performance
				  standards;
(3) To encourage
				  developers to provide a certain amount of reserved housing units, for Hula Mae
				  and the unserviced income groups;
(4) To create a truly mixed-use area, both
				  vertically, as well as horizontally, of commercial, industrial, and
				  multi-family uses, by regulating the density of population and the bulk of
				  buildings in relation to the land around them and to one another, and by
				  providing for off-street parking spaces; to require the provision of open
				  space; to encourage the development of job opportunities for the residents in
				  the area;
(5) To provide freedom of
				  architectural design, in order to encourage the development of more attractive
				  and economic building forms;
(6) To
				  promote the most desirable use of land and direction of building development in
				  accord with a well-considered plan, to promote stability of commercial,
				  industrial, and multi-family development, to protect the character of the
				  district and its peculiar suitability for particular uses, and to conserve the
				  value of land and buildings; and
(7) To encourage the development of
				  integrated multi-decked projects as planned developments within the zone, thus
				  ensuring maximum building densities and providing appropriate vertical mixtures
				  of uses.
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 15-22-32 - MUZ-C: use rules

Current through June, 2024
Within mixed-use zone commercial emphasis (MUZ-C), the
					 following uses and structures shall be permitted:
(1) Residential uses - Multi-family
				  dwellings, including, apartments, assisted living facilities, public housing,
				  condominiums, dormitories, rooming houses, townhouses, townhouse condominiums,
				  and model units.
(2) Community
				  services uses:
(A) Nursing and convalescent
				  homes, and nursing facilities, assisted living administration, or ancillary
				  assisted living amenities for the elderly and people with
				  disabilities;
(B) Child care, day
				  care, and senior citizen centers;
(C) Nursery schools and
				  kindergartens;
(D)
				  Churches;
(E) Charitable
				  institutions and nonprofit organizations;
(F) Public uses, including: public safety
				  facilities; post offices; hospitals; miscellaneous health and medical
				  facilities; educational institutions; cultural center/libraries; religious
				  institutions; public school/park complexes; outdoor public land recreation;
				  outdoor public water-based recreation; indoor public recreation; personal
				  development centers; and utility substations, provided that utility substations
				  other than individual transformers shall be surrounded by a wall, solid except
				  for entrances and exits, or by a fence with a screening hedge six feet in
				  height; provided also that transformer vaults for underground utilities and
				  like uses shall require only a landscaped screening hedge, solid except for
				  access opening; and
(G)
				  Consulates.
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 15-22-33 - MUZ-R: purpose and intent

Current through June, 2024
The mixed-use zone residential emphasis (MUZ-R)
					 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 mixed-use subarea whereby residential, commercial, industrial and
				  public uses may coexist compatibly within the same area. The primary emphasis
				  within this zone shall be to develop a predominantly multi-family residential
				  multi-storied area which will support a wide variety of housing types, with a
				  mixture of residents of various age groups, incomes, and family groups which
				  will be located above the industrial and commercial uses; together with
				  appropriate community facilities for residents and workers;
(2) To encourage industrial uses in
				  appropriate areas provided they meet reasonable performance
				  standards;
(3) To encourage
				  developers to provide a certain amount of reserved housing units, for Hula Mae
				  and the unserviced groups;
(4) To
				  create a truly mixed-use area, both vertically, as well as horizontally, of
				  commercial, industrial, and multi-family uses, by regulating the density of
				  population and the bulk of buildings in relation to the land around them and to
				  one another, and by providing for off-street parking spaces; to require the
				  provision of open space; to encourage the development of job opportunities for
				  the residents in the area;
(5) To
				  provide freedom of architectural design, in order to encourage the development
				  of more attractive and economic building forms;
(6) To promote the most desirable use of land
				  and direction of building development in accord with a well-considered plan, to
				  promote stability of commercial, industrial, and multi-family development, to
				  protect the character of the district and its peculiar suitability for
				  particular uses, and to conserve the value of land and buildings; and
(7) To encourage the development of
				  integrated multi-decked projects as planned developments within the zone, thus
				  ensuring maximum building densities and providing appropriate vertical mixtures
				  of uses.
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 15-22-34 - MUZ-R: use rules

Current through June, 2024
Within mixed-use zone residential emphasis (MUZ-R), the
					 following uses and structures shall be permitted:
(1) Residential uses - Multi-family
				  dwellings, including: apartments, assisted living facilities, public housing -
				  townhouse, public housing, condominiums, dormitories, rooming houses,
				  townhouses, townhouse condominiums, and model units.
(2) Community service uses:
(A) Nursing and convalescent homes, and
				  nursing facilities, assisted living administration, or ancillary assisted
				  living amenities for the elderly and people with disabilities;
(B) Child care, day care, and senior citizen
				  centers;
(C) Nursery schools and
				  kindergartens;
(D)
				  Churches;
(E) Charitable
				  institutions and nonprofit organizations;
(F) Public uses, including: public safety
				  facilities; post offices; hospitals; miscellaneous health and medical
				  facilities; educational institutions; cultural center/libraries; religious
				  institutions; public school/park complexes; outdoor public land recreation;
				  outdoor public water-based recreation; indoor public recreation; personal
				  development centers; and utility substations, provided that utility substations
				  other than individual transformers shall be surrounded by a wall, solid except
				  for entrances and exits, or by a fence with a screening hedge six feet in
				  height; provided also that transformer vaults for underground utilities and
				  like uses shall require only a landscaped screening hedge, solid except for
				  access opening; and
(G)
				  Consulates.
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 15-22-35 - MUZ-RA: purpose and intent

Current through June, 2024
The mixed-use zone residential emphasis (MUZ-RA)
					 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 mixed-use area whereby residential, commercial, and public uses
				  may coexist compatibly within the same area. The primary emphasis within this
				  zone shall be to develop a predominantly multi-family residential area which
				  will support a wide variety of housing types, with a mixture of residents of
				  various age groups, incomes, and family groups which will be located above
				  commercial uses; together with appropriate community facilities for residents
				  and employees. No industrial uses shall be permitted in this zone;
(2) To restrict the amount of commercial uses
				  in this zone;
(3) To encourage
				  developers to provide a certain amount of reserved housing units thus ensuring
				  that units for residents of various incomes, ages, and family groups will be
				  developed in the zone;
(4) To
				  create a truly mixed-use community, both vertically as well as horizontally, of
				  commercial and multi-family uses by regulating the density of population and
				  the bulk of buildings in relation to the land around them and to one another,
				  and by providing for off-street parking spaces; to require the provision of
				  open space; to encourage the development of job opportunities for the residents
				  in the area;
(5) To provide freedom
				  of architectural design, in order to encourage the development of more
				  attractive and economic building forms;
(6) To promote the most desirable use of land
				  and direction of building development in accord with a well-considered plan, to
				  promote stability of commercial and multi-family development, to protect the
				  character of the area and its peculiar suitability for particular uses, and to
				  conserve the value of land and buildings;
(7) To encourage the development of
				  integrated multi-decked projects as planned developments within the zone, thus
				  ensuring maximum building densities and providing appropriate vertical mixtures
				  of uses.
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 15-22-36 - MUZ-RA: use rules

Current through June, 2024
(a) Within
				  mixed-use zone residential A emphasis (MUZ-RA), the following uses and
				  structures shall be permitted:
(1)
				  Residential uses:
(A) Duplex units;
(B) Dwellings, detached, one family, two
				  family; and
(C) Multi-family
				  dwellings, including: apartments, public housing - townhouse, public housing,
				  condominiums, dormitories, rooming houses, townhouses, townhouse condominiums,
				  and model units.