HAR §15-15-15. Minutes of meetings

(a) The commission shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of the participants. The minutes shall include, but need- not be limited to: (i The date, time, and place of the meeting; (2 The members of the commission recorded as either present or absent; 3 The substance of all matters proposed, discussed, or decided, and a record, by individua! member, of any votes taken; and 4 Any other information that any member of the commission requests be included or reflected in the minutes. (b The minutes shall be public and shall be available within thirty days after the meeting except where the disc!osure would be inconsistent with section 92-5, HRS. The commission may withhold publication of the minutes of executive meetings so long as their publication would defeat the lawful purpose of the executive meeting. JEff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 0 22ÿ13 ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §92-9) @15-15-16 Computation of time. In computing any period of time prescribed by this chapter, by notice, or by any order, or rule of the commission, or any 15 ]081 applicable statute, the time begins with the day following the act, event, or default and includes the last day of the period unless it is a Saturday, Sunday, or legal holiday, or a day or a part of a day on or for which the governor has granted administrative leave in the State, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. Unless otherwise specified in these rules, when the prescribed period of time is less than seven days, Saturdays, Sundays, or lega! holidays within the designated period shall not be included in the computation. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comm NOV Oÿ2013 ] (iuth: HRS ÿ205-i, 205-7) (Imp: HRS ÿ91-Z) SUBCHAPTER 2 ESTABLISHMENT OF STATE LAND USE DISTRICTS 15-15-17 Districts; district maps. (a) In order to effectuate the purposes of chapter 205, HRS, all the lands in the State shall be divided and placed into one of the four land use districts: (I) "U" urban district; (2) "A" agricultural district; (3) "C" conservation district; or (4) "R" rural district. (b) The boundaries of land use districts are shown on the maps entitled "Land Use District Boundaries, dated December 20, 1974," as amended, maintained and under the custody of the commission. Not all ocean areas and offshore and outlying islands of the State in the conservation district are shown when deemed unnecessary to do so. [Elf 10/27/86; am and comp 8/16/97; am and comp 5/8/00; and comp NOV 0 22013 ] (Auth: HRS §§205-1, 205-7) (Imp: HRS ÿ§91-2, 205-2) §15-15-18 Standards for determining "U" urban district boundaries. Except as otherwise provided in this chapter, in determining the boundaries for the "U" urban district, the following standards shall be used: (i) It shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses; (2) It shall take into consideration the 16 (3 (4' (5 (6) (7) (8) following specific factors: (A Proximity to centers of trading and employment except where the development would generate new centers of trading and employment; (B Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water, transportation systems, public utilities, and police and fire protection; and (C Sufficient reserve areas for foreseeable urban growth; It shal! include lands with satisfactory topography, drainage, and reasonably free from the danger of any flood, tsunami, unstable soil condition, and other adverse environmenta! effects; Land contiguous with existing urban areas shall be given more consideration than non-contiguous land, particularly when indicated for future urban use on state or county general plans or county community plans or development plans; It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the state and county general plans or county community plans or deve!opment plans; .It may include lands which do not conform to the standards in paragraphs (i) to (5): (A) When surrounded by or adjacent to existing urban development; and (B) Only when those lands represent a minor portion of this district; It shall not include lands, the urbanization of which will contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services; and It may include lands with a general slope of twenty per Cent or more if the commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state, or county agency, are adequate to protect the public health, welfare and safety, and the public's interests in the aesthetic quality of the 17 ]081 landscape. [Eff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV@220ÿ ] (Auth: HRS ÿ§205-i, 205-ÿ 205- 7) (Imp: HRS ÿ205-2) 15-15-19 Standards for determining "A" agricultural district boundaries. Except as otherwise provided in this chapter, in determining the boundaries for the "A" agricultural district, the following standards shall apply: (i) It shall include lands with a high capacity for agricultural production; (2) It may include lands with significant potential for grazing or for other agricultural uses; (3) It may include lands surrounded by or contiguous to agricultural lands or which are not suited to agricultural and ancillary activities by reason of topography, soils, and other related characteristics; and 4) It shall include all lands designated important agricultural lands pursuant to part III of chapter 205, HRS. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 0 2 2013 ] (Auth: HRS §ÿ205-1, 205-2, 205-7) (Imp: HRS @205-2) §15-15-20 Standards for determining "C" conservation district boundaries. Except as otherwise provided in this chapter, in determining the boundaries for the "C" conservation district, the following standards shall apply: (i) It shall include lands necessary for protecting watersheds, water resources, and water supplies; (2) It may include lands susceptible to f!oods and soil erosion, lands undergoing major erosion damage and requiring corrective attention by the state and federal government, and lands necessary for the protection of the health and welfare of the public by reason of the land's susceptibility to inundation by tsunami and flooding, to volcanic activity, and landslides; (3) It may include lands used for national or state parks; (4) It shall include lands necessary for the conservation, preservation, and enhancement 18 ]OBl (5) (6) (7 (8) (9) of scenic, cultural, historic, or archaeologic sites and sites of unique physiographic or ecologic significance; It shall include lands necessary for providing and preserving parklands, wilderness and beach reserves, for conserving natural ecosystems of indigenous or endemic plants, fish, and wildlife, including those which are threatened or endangered, and for forestry and other related activities to these uses; It shall include lands having an elevation below the shoreline as stated by section 205A-I, HRS, marine waters, fish ponds, and tidepools of the State, and accreted portions of lands pursuant to sections 501-33 and 669- i, HRS, unless otherwise designated on the land use district maps. All offshore and outlying islands of the State are classified conservation unless otherwise designated on the land use district maps; It shall include lands with topography, soils, climate, or other related environmental factors that may not be normally adaptable or presently needed for urban, rura!, or agricultural use, except when those lands constitute areas not contiguous to the conservation district; It may include lands with a general slope of twenty per cent or more which provide for open space amenities or scenic values; and It may include lands suitable for farming, flower gardening, operation of nurseries or orchards, growing of &ommercial timber, grazing, hunting, and recreational uses including facilities accessory to those uses when the facilities are compatible with the natural physical environment. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 0 2201ÿ ] (iuth: HRS §§205-1, 205-2, 205-7) (Imp: HRS §205-2) §15-15-21 Standards for determining "R" rural district boundaries. Except as otherwise provided in this chapter, in determining the boundaries for the "R" rural district, the fol!owing standards shall apply: (i) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the 19 general characteristics of the areas; (2) Activities or uses as characterized by !ow-density residentia! lots of not less than one-half acre and a density of not more than one single family dwelling per one-half acre in areas where "city-like" concentrations of people, structures, streets, and urban levels of services are absent, and where small farms are intermixed with the low-density residential lots; and 3) It may also include parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. JEff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 0 22013 ] (iuth: HRS §ÿ205-i, 205-2, 205-7) (Imp: HRS @205-2) 15-15-22 Interpretation of district boundaries. (a) Except as otherwise provided in this chapter: (i) A district name or letter appearing on the land use district map applies throughout the whole area bounded by the district boundary lines; (2) Land having an elevation below the shoreline as stated by section 205A-I, HRS, marine waters, fish ponds, and tidepools of the State, and accreted portions of lands pursuant to sections 501-33 and 669-1, HRS, unless otherwise designated on the land use district maps, shall be included in the conservation district; 3) All offshore and outlying islands of the State are classified conservation unless otherwise designated on the land use district maps; and 4) All water areas within the State are considered to be within a district and controlled by the applicable district rules. (b) All requests for boundary interpretations shall be in writing and include the tax map key identification of the property and a print of a map of the property. All requests for boundary interpretations involving shoreline properties shall be accompanied by a survey map showing the locations of the shoreline as provided for in section 205A-42, HRS. Any erosion or accretion through natural processes shall be reflected on the map. Further, any shoreline 2O structure, piers, and areas of man-made fill which were constructed or completed since the date of adoption of the state land use district boundaries existing as of the date of the request for boundary interpretation shall be reflected on the map. (c) The executive officer may request the following information: (i) Additional copies of the print, including a reproducible master map of the print or an electronic copy in a recognized format of the executive officer's designation; and (2) Additional information such as, but not limited to, tax map key maps, topographic maps, aerial photographs, certified shoreline surveys, and subdivision maps relating to the boundary interpretation. The executive officer may employ, or require that the party requesting the boundary interpretation employ, at its sole expense, a registered professional land surveyor to prepare a map for interpretation. (d) The executive officer may use all applicable commission records in determining district boundaries. (e) The fol!owing shall apply whenever uncertainty exists with respect to the boundaries of the various districts: (i) Whenever a district line falls within or abuts a street, alley, canal, navigable or non-ÿavigable stream or river, it may be deemed to be in the midpoint of the foregoing° If the actua! location of the street, alley, cana!, navigable or non-navigable stream or river varies slightly from the !ocation as shown on the district map, then the actual location shal! be controlling; (2) Whenever a district line is shown as being located within a specific distance from a street line or other fixed physica! feature, or from an ownership line, this distance shal! be controlling; and (3) Unless otherwise indicated, the district lines shal! be determined by the use of the scale contained on the map. (f) Whenever subsections (a), (b), (c), (d), or (e) cannot resolve an uncertainty concerning the !ocation of any district line, the commission, upon written application or upon its own motion, shall determine the location of those district lines. JEff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp 0V 0 ÿ2013 ] (iuth: HRS §ÿ205-i, 205-7) (Imp: 21 ]081 HRS §205-1) / SUBCHAPTER 3 PERMISSIBLE LAND USES 15-15-23 Permissible uses; generally. Except as otherwise provided in this chapter, the following land and building uses are compatible and permitted within the following land use districts, except when applicable county ordinances or regulations are more restrictive. Except as otherwise provided in this chapter, uses not expressly permitted are prohibited. JEff 10/27/86; comp 8/16/97; comp 5/8/00; and comp NOV @ ÿ2013 ] (Auth: HRS ÿ§205-i, 205-7) (Imp: HRS §205-2) 15-15-24 Permissible uses within the "U" urban district. Any and all uses permitted by the counties, either by ordinances or rules may be allowed within this district, subject to any conditions imposed by the commission pursuant to section 205-4(g), HRS. [Eff 10/27/86; am and comp 8/16/97; comp 5/8/00; comp NOV 0 ÿ2013 ] (iuth: HRS §§205-i, 205-7) (Imp: HRS §205-2) 15-15-25 Permissible uses within the "A" agricultural district. (a) Permissible uses within the agricultural district on land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be those uses set forth in section 205-4.5, HRS. (b) Permissible uses within the agricultural district on land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class of C, D, E, and U shal! be those uses as set forth in sections 205-2, 205-4.5, and 205-5, HRS, and also uses compatible to the activities described in 205-2(d), HRS. JEff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOV 0ÿ2013 ] (iuth: HRS §ÿ205-i, 205-7)(Imp: HRS @@205-2, 205-4.5) 15-15-26 Permissible uses within the "C" conservation district. Uses of land within a conservation district shall be governed by the rules of 22 the state department of land and natural resources, title 13, and chapter 183C, HRS. [ÿ iÿ{ÿiÿ/86; am and comp 8/16/97; comp 5/8/00; comp 0_ ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §205-2) §15-15-27 Permissible uses within the "R" rural district. (a) Permissible uses within the rural district shall include the following activities: (I) All agricultural related activities and uses permitted under section 15-15-25; (2) Low-density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4(c), HRS; (3) Golf courses and golf driving ranges and golf-related facilities; (4) Public, quasi-public and public utility facilities; and (5) The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, provided all other lots in the subdivision have the minimum lot size of one-half acre. A petition for variance may be processed under the special permit procedure pursuant to subchapter 12. This exception shall apply to !ors of record existing prior to January i, 1977, and of not more than two acres. There shal! be no more than one single-family dwelling per one-half acre, except as may be provided for in this section. [Elf 10/27/86; am and comp 8/16/97; am and comp 5/8/00; am and comp NNV 0ÿ0!ÿ ] (Auth: HRS §§205-1, 205-7)limp: HRS §205-2) SUBCHAPTER 4 NONCONFORMANCE 15-15-28 Statement of intent. This subchapter is intended to expedite the eventua! elimination of existing uses or structures that are not in conformity with the provisions of subchapter 3 because their continued existence violates basic concepts of health, safety, and welfare as well as principles of good land use. However, in applying subchapter 3, no elimination of nonconforming uses or structures shall be effected 23 ,3081 so as to cause unreasonable interference with established property rights. [Elf 10/27/86; comp 8/16/97; am and comp 5/8/00; comm NOV 0 ÿ2013 (Auth: HRS ÿ205-i, 205-7 (Imp: HRS ÿ205-8) 15-15-29 Nonconforming uses. (a) Any lawful use of lands or buildings existing prior to the establishment of a land use district, may be continued even though those uses do not conform to the provisions thereof. (b) Except as otherwise provided, the following provisions shall apply to nonconforming uses or structures within any district: (i) It shall not be changed to another nonconforming use or structure; (2) It shall not be expanded or increased in intensity of use; and (3) It shall not be reestablished after discontinuance and abandonment for a continuous period of one year. [Elf 10/27/86; am and comp 8/16/97; am and comp 5/8/00; am and comp NNvÿ ÿ{0ÿ{ ] (Auth: HRS §ÿ205-i, 205-7) (Imp: -8) 15-15-30 Nonconforming areas and parcels. A lot of record or any proposed subdivision of land which is not in conformity with this subchapter, but which has received approval by the county having jurisdiction prior to the establishment of the land use district, shall be permitted as a nonconforming area subject to the ordinances and rules of the county. Al! lots within the nonconforming area shall be considered nonconforming parcels. [Elf 10/27/86; am and comp 8/16/97; am and comp 5/8/00; comp ÿ0V 0 22013 ] (Auth: HRS §§205-1, 205-7 (Imp: HRS §205-8)