HAR §15-215-80. Conditional use of vacant land

(a) The executive director may issue a conditional use of vacant land permit[,] for a vacant parcel, provided that the following requirements are met: (1) The proposed use is [a] permitted by right or by conditional use permit within the applicable transect zone [except:], with the following exceptions: (A) Open or uncovered temporary parking at grade may be permitted in all transect zones; whether paved or unpaved; and (B) Construction sites, special trade construction and storage yards may be permitted in all transect zones where a [six-foot] screening wall or fence is erected along all public rights-of-way. The screening wall or fence shall meet the requirements of section 15-215-43(c); (2) [The maximum duration of the use is for a two-year period and the executive director may issue one extension of up to two years if the use was initially allowed;] The executive director may issue a conditional use of vacant land permit for an effective 215-96 period of up to three consecutive years. Upon written request, the executive director may authorize up to two consecutive extensions of two years each, until adequate infrastructure is in place. Upon the availability of adequate infrastructure, the conditional use of vacant land permit may not be renewed for the same uses. Further, at the end of the permit period, the conditional uses and structures must be removed. Any uses under a conditional use of vacant land permit shall not be considered a nonconforming use. (3) The [density and] height of any proposed temporary structure or structures does not exceed the maximum [density and] height for the applicable transect zone[;] and the total density will not exceed a floor area ratio of 0.5; (4) The project conforms to the setback and landscaping requirements of this chapter, except for project lots where a screening wall or fence [not exceeding six feet in height is erected along all public [right-of-way;] that meets the requirements of section 15-215-43(c) is erected between the property line and the build-to-line along all public rights-of-way; (5) The project conforms to the architectural standards of this chapter; and (6) The proposed use in no way prevents or delays the future development of the lot. (b) In addition to the design controls listed in this section, the executive director may impose additional conditions to ensure that the [conditional] temporary use does not adversely affect adjacent lots and the appearance of the Kalaeloa [CDD.] community development district. [Eff 10/27/12; am and comp ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)