HAR §15-15-22. Interpretation of district boundaries

(a) Except as otherwise provided in this chapter: 15- 24 3 3 51 ,~,' §15-15-22 (1) 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-1, 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 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 (1) (2) information: 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 Additional information such a's, but not lirnited ·to, tax map key maps, topographic maps, aerial photographs, certified 15-25 3 3 51 §15-15-22 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 following shall apply whenever uncertainty exists with reppect to the boundaries of the various districts: (1) Whenever a district line falls within or abuts a street, alley, canal, navigable or non-navigable stream or river, it may be deemed to be in the midpoint of the foregoing. If the actual location of the street, alley, canql, navigable or non-navigable stream or river varies· slightly from the location as shown on the district map, then the actual location shall be controlling; (2) Whenever a district line is shown as being located within a specific distance from a street line or other fixed physical feature, or from an ownership line, this distance shall be controlling; and (3) Unless otherwise indicated, the district lines shall 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 location of any district line, the commission, upon written application or upon ·its own motion, shall determine the location of those district lines. [Eff 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp 11/2/2013; comp OCT 1 8 2019 ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §205-1) 15-26 3 3 51 SUBCHAPTER 3 PERMISSIBLE LAND USES §15-15-25 §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 ~hen applicable county ordinances or regulations are more restrictive. Except as otherwise provided in this chapter, uses not expressly permitted are prohibited. [Eff 10/27 /86; com}}\..8./J.6L.97ri comp 5/8/00; comp 11/2/2013; comp lJl.f l H lu19 ] (Auth: HRS §§205-1, 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 aoercf1f ioig-6/97; comp 5/8/00; comp 11/2/2013.; comp ] (Auth: HRS §§205-1, 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 15-27 3 3 51 ,~tiJJ §15-15-25 shall 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. [Eff 10/27/86; am and comp 8L16/97; comp 5/8/00; am and comp 11/2/2013; comp □CT 1 8 2019 ] (Auth: HRS §§205-1, 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 the state department of land and natu~al resources, title 13, and chapter 183C, HRS. [Eff 10/27/86; am and comp 8/16/97; comp 5/8/00; comp 11/2/2013; comp OCT 1", 8 2019] (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: (1) 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 lots of record 15-28 3 3 51 §15-15-29 existing prior to January 1, 1977, and of not more than two acres. There shall be no more than one single-family dwelling per one-half acre, except as may be provided for in this section. [Eff 10/27/86; am and comp 8/16/97; am and comp 5/8/00; am and comp 11/2/2013; comp OCT T R ,,,1q ] (Auth: HRS §§205-1, 205-7) (Imp: MR's" §'205-2) SOBCHAPTER 4 NONCONFORMANCE