HAR §15-217-4. Minimum requirements

The provisions of the rules are minimum requirements for the protection and promotion of public health, safety, and welfare. Satisfaction of the minimum requirements does not mean that a decision-maker cannot impose additional requirements where authorized and appropriate and does not guarantee compliance with other rules, ordinances, or laws imposed by other governmental entities. [Eff 11/11/11; am and comp JAM 1: 2025 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-5 Rules of interpretation. (a) Provisions of the rules are activated by "shall" when required; "should" when recommended; and "may" when optional. (b) In addition to text-only contents of the rules, section 15-217-5 (rules of interpretation) shall also control related captions, titles, and figures. (c) Terms not defined in section 15-217-8 (definitions of terms) shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those found elsewhere within the Hawaii community development authority's 15-217-8 §15-217-5 administrative rules, these rules shall take precedence. (d) The figures located herein are an integral part of the rules. However, Figures 1 to 15, dated January 2024, made a part of this chapter, and attached at the end of this chapter, are illustrative guidelines. (e) Where in conflict, numerical metrics shall take precedence over graphic metrics. (f) Words used in the singular include the plural; words used in the plural include the singular. (g) Words used in the present tense include the future tense; words used in the future tense include the present tense. (h) Within the rules, sections are occasionally prefaced with "purpose" or "intent" statements that are intended to guide the implementation of the rules but are not binding standards. (i) In their interpretation and application, the provisions of the rules are considered minimal in nature. Whenever the provisions, standards, or requirements of the authority's rules of practice and procedure, chapter 219, and chapter 218 (reserved housing), Hawaii administrative rules, are higher or more restrictive, the latter shall control. (j) 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. The executive director may also provide a preliminary interpretation of the meaning or applicability of any provision of the rules directly to the authority for a determination at a public meeting. (1) The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include but is not limited to technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the mauka area plan; 15-217-9 3 5 7 ·1 §15-217-5 ( 2) All interpretations shall be: (A) Written and shall quote the provisions of the rules being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretation, and the determination; and (B) Distributed to the authority, executive director, and Hawaii community development authority staff; (3) Any interpretation of the rules by the executive director may be appealed to the authority in compliance with section 15-217-88 (appeals); and (4) Any provision of the rules that is determined by the executive director to need refinement or revision will be corrected by amending the rules as soon as is practicable. Until an amendment can occur, the executive director will maintain a complete record of all interpretations to the rules, indexed by the number of the subchapter, section or subsection that is the subject of the interpretation. (k) If there is uncertainty about the location of any zone boundary shown on the regulating plan, the location of the boundary shall be determined by the executive director as follows: (1) Where a zone boundary approximately follows a lot line, alley, or street line, the lot line, street or alley centerline shall be construed as the zone boundary, as applicable; (2) If a zone boundary divides a parcel and the boundary line location is not specified by distances printed on the regulating plan, the location of the boundary will be determined by using the scale appearing on the regulating plan; and (3) Where a public thoroughfare or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zone of the adjoining property on either side of the vacated or abandoned thoroughfare or alley. 15-217-10 3 5 7 §15-217-6 [Eff 11/11/11; am and comp JAt: r•p5 (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-6 Compliance with other regulations. (a) Whenever conflicting requirements are discovered in the application of the rules, they shall be resolved as follows: (1) Mauka area rules. If a conflict occurs between requirements within the rules, the most restrictive shall apply; (2) Mauka area plan. The provisions of the rules, when in conflict with the mauka area plan, shall take precedence; (3) Master plan. If conflicts occur between the requirements of the rules and standards adopted as part of any master plan, the requirements of the master plan shall apply; and (4) Private agreements. If conflicts occur between the requirements of the rules and private agreements or restrictions, the rules shall apply and take precedence. The rules apply to all real property located within the mauka area regardless of whether the rules impose a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, conditions, covenants, and restrictions). (b) The following provisions of the subtitle 4, title 15, apply within the mauka area and may be referenced herein: (1) The authority's rules of practice and procedure; and (2) Chapter 218 (Kakaako reserved housing rules). [Eff 11/11/11; am and comp ..,.,, 1 c025 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) 15-217-11 ' - '; -1· v t 11 §15-217-7