HAR §15-217-54. functioning

The executive director shall make the final determination on the height necessary for their proper functioning. Attics shall not exceed fourteen feet in height. (c) Where the floor plate ratio identified in Figures BT.l to BT.10, dated September 2011, made a part of this chapter, and attached at the end of this chapter, indicate a value of less than one hundred per cent, the remainder value of setback area is considered the building void (see Figure 1.12-C (illustrative building void and floor plate diagrams), dated September 2011, made a part of this chapter, and attached at the end of this chapter). At least twenty-five per cent of the building void shall be located along the facade and have a minimum depth of ten feet, as measured from the facade toward the rear lot line; provided, however, that this minimum depth from the facade shall be increased by three feet for every ten feet of building height. (d) Any part of a building which is taller than sixty-five feet and fronting a view corridor street (see Figure 1.6A (view corridors), dated September 2011, made a part of this chapter, and attached at the end of this chapter) shall be setback from the lot line abutting the view corridor by fifty feet. (e) Except in the Sheridan neighborhood zone, all ground floors shall be at least twelve feet tall along all thoroughfares. (f) All new principal buildings shall be designed with a street front element conforming to Figure 1.3-D (development standards summary - building form), dated September 201i, made a part of this chapter, and attached at the end of this chapter. See Figure 1.12-A (illustrative building form diagram), dated September 2011, made a part of this chapter, and attached at the end of this chapter, for an illustrative example of a street front element. [Eff NOV 11 2011 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) 217-45 29 7 6 §15-217-55 §15-217-55 Architectural design. (a) Awnings, trellises and canopies: (1) The use of vinyl or plastic awnings, trellises and canopies is prohibited along promenade streets and view corridor streets; (2) Awnings, trellises, and canopies shall comply with Figure 1.13 (building placement and encroachments), dated September 2011, made a part of this chapter, and attached at the end of this chapter; (3) Awnings, trellises, and canopies shall not obstruct views of pedestrian-oriented signage (e.g., blade sign) for shops and businesses; and (4) The location of awnings on a facade shall be of a consistent height. Similarly, the location of awning on a facade shall generally align with those on adjacent buildings, to the extent practicable. (b) Balconies: (1) Balconies shall be accessible from inside the building; (2) Balconies shall not be completely enclosed; (3) Balconies shall comply with Figure 1.13 (building placement and encroachments), dated September 2011, made a part of this chapter, and attached at the end of this chapter; and (4) For floors one through five, balconies adjoining dwellings within multi-family buildings shall have a minimum depth of at least five feet. (c) Buildings with auto rental or sales uses: (1) Applicability. This subsection shall apply to all existing and new principal buildings used or intended to accommodate auto rental or sales and/or auto repair land use classifications; (2) Showrooms shall be located at the frontage line and include a fenestration value of seventy-five per cent at the first floor of the facade; 217-46 29 7 6 §15-217-55 (3) Vehicle repairs shall occur within a separate building located behind the principal building or portion of a principal building located behind the showroom; provided, however, that vehicle repairs may be located within floor area at a frontage line abutting a primary parking street; (4) Service bays shall not be visible from an abutting alternative parking access street or promenade street; (5) Pedestrian pathways shall lead pedestrians from the public sidewalk and customer parking areas to the vehicle showroom and service areas; (6) Service bays, vehicle displays or storage areas shall be screened from view from abutting thoroughfares through building placement, landscaping, fencing, and/or decorative walls; and (7) Water efficient landscaping and low accent walls between two to three feet in height shall be installed along all outdoor displays and parking lot perimeters. (d) Storm water drainage. Rainwater shall be diverted away from sidewalks through downspouts visible on the rear building elevation, internal drain pipes, or through awnings or canopies. (e) Fences, walls, and hedges: (1) Fences, walls, and hedges may be constructed or installed to a height of six feet in any side yard or rear yard and to a height of four feet in any portion of a front yard or a side yard that faces a thoroughfare, except where the rear yard or side yard abuts a parking lot or industrial use, a maximum six-foot tall fence, hedge or wall is permitted; (2) Retaining walls shall be constructed out of masonry or stone or another equally durable material; (3) Fences shall be constructed out of ornamental iron, steel, wood pickets and/or 217-47 2976 §15-217-55 a synthetic wood product (such as wood­ filled Recycled plastic lumber) and may have stucco or masonry piers; (4) Chain link, barbed wire, vinyl, plastic or exposed cinder block walls are prohibited within front yards abutting any boulevard, avenue, or promenade street; and (5) Fences in front yards or side yards facing a thoroughfare shall be painted or constructed out of a decorative material compatible with the materials of the principal building. (f) Lighting: (1) Entrances, arcades and passageways shall be illuminated; (2) Courtyards, passageways, roof gardens, corner plazas, and other landscaped areas shall provide pedestrian-scaled, tamper­ proof lights; (3) Lighting sources shall be constructed or installed so that light is aimed downwards and does not spill over to abutting properties; (4) Lighting that is visible from adjacent properties or thoroughfares shall be indirect or incorporate full shield cut­ offs; (5) Incandescent exterior lights and high­ pressure sodium lights are prohibited; and (6) Architectural details may be accented through lighting. (g) Building facade and elevation materials. A change of exterior texture and material shall be accompanied by a change in plane. However, glazing and spandrel glass is exempt from this provision. (h) Roofs: (1) Roofs may be accessible and used as roof decks, gardens, balconies or terraces; (2) Roofs shall be finished with light colors for reflectivity or incorporate landscaping; and (3) Roof top mechanical equipment shall be clustered away from the edge of the building 217-48 2976 §15-217-55 and either painted to match the roof top or located behind a parapet wall or in a roof top mechanical equipment enclosure so that it is not visible from a thoroughfare, historic or public buildings. (i) Service functions: (1) Utilities, service elements, recycling and trash elements shall be located off alleys (where present), or in structured parking garages where they exist. Alternatively, they may be located at least ten feet behind the facade of a principal building or screened from view from a thoroughfare other than an alley or service street, with a hedge, landscaping, low wall, or fence; (2) Prohibited materials for constructing recycling or trash enclosures include: chain link, fencing with slats mesh screen, cinderblocks, or unpainted wood; (3) Utilities and service elements that are visible from thoroughfares shall be incorporated in the building structure in a manner accessible to the trash collection service provider, but shall not be visually intrusive through use of the following strategies: (A) Burying underground (utility wires, meters, transformers); (B) Incorporation into the building or parking garage as a utility room (meters, transformers); (C) Screening behind building (meters, terminal boxes); and (D) Clustering on roof within a mechanical enclosure (HVAC); and (4) Recycling or trash enclosures shall be of a similar material and color with the principal building. (j) Signage. All signs shall be in compliance with the applicable rules and regulations administered by the city and county of Honolulu, as provided for in 217-49 2976 §15-217-55 the city and county of Honolulu's land use ordinance, as it may be amended from time to time. (k) Windows: (1) Highly-reflective, mirrored, and opaque window glazing are prohibited; (2) Window glazing shall be transparent with clear or limited UV tint so as to provide views out of and into the building. Visible light transmission level of windows on the ground floor shall be seventy per cent or greater and on all other floors the visible light transmission level shall be fifty per cent or greater; (3) For floors one through ten, all principal building windows shall be operable; (4) Vinyl window frames are prohibited, except for Figures BT.1 to BT.3, dated September 2011, made a part of this chapter, and attached at the end of this chapter; (5) Pop-in muntins are prohibited below the third floor; and (6) Window grilles are prohibited except at window openings to podium parking or on building elevations facing alleys. (1) View preservation: (1) Mauka and makai views to the mountains and the waterfront shall be preserved through orientation of towers with the long side of the tower parallel to the mauka-makai axis (see definitions section and Figure 1.6B (view preservation), dated September 2011, made a part of-this chapter, and attached at the end of this chapter); (2) The orientation of the tower may deviate from its designated mauka-makai axis by a maximum of twenty degrees. The authority may consider, pursuant to section 15-217-82 of this rule, a deviation of the tower orientation of more than twenty degrees from the designated mauka-makai axis provided that the applicant demonstrates to the satisfaction of the authority that based on 217-50 2976 §15-217-55 building massing, tower floor plate size, tower configuration, tower orientation, energy efficiencies, and other pertinent factors that the proposed tower orientation will not have a greater impact on mauka­ makai view than would result from a twenty degree mauka-makai orientation; (3) The tower floor plate shall not exceed a horizontal plan projection dimension of one hundred and fifty feet on one direction and a maximum length of two hundred and ten feet between two farthest points of the tower floor plate. The plan projection dimension measured perpendicular to the horizontal projection may exceed one hundred and fifty feet provided that the maximum dimension between two farthest points on the tower foot print do not exceed two hundred and ten feet in length; (4) A proposed tower shall be located a minimum of three hundred feet from an existing tower, when any portion of the proposed tower falls within the existing tower's mauka-makai zone (see definitions section and Figure 1.6B (view preservation), dated September 2011, made a part of this chapter, and attached at the end of this chapter); (5) No tower shall be less than eighty feet from another tower; and (6) The areas of buildings above sixty-five feet on view corridor streets shall be setback by fifty feet behind the lot line. (m) Storefronts and windows for retail: (1) Applicability. This subsection applies to existing or newly proposed principal buildings used or intended to accommodate the retail land use classification; (2) Stores that occupy greater than sixty feet of frontage shall incorporate multiple entrances along the street; (3) Street front elements shall have a depth of forty to eighty feet of usable commercial 217-51 2976 §15-217-55 space with potential for dividing walls at least every thirty feet; (4) At least seventy per cent of a retail thoroughfare front element shall be transparent glazing, with at least seventy per cent of the glazing to allow views into the store rather than being shallow window box displays; (5) No more than thirty per cent of the window area at facades may be obstructed by signage or interior displays; (6) All principal entrances shall be located along the thoroughfare or a thoroughfare­ facing courtyard, rather than from a parking area, alley, or another point within the interior of a block; (7) Display windows shall be used on the ground floor and on upper floors of retail space; and (8) Buildings facades and side elevations shall accommodate signage for ground floor retail tenants. [Eff NOV 11 2011 J (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-56 Landscape and recreation space. (a) All yards shall be landscaped with native or adapted plant species and/or hardscaped with permeable material. (b) Historic landscapes and exceptional trees as designated by the city and county of Honolulu shall be protected and preserved. In the case where historic landscapes and exceptional trees conflict with prescribed standards in the rules, the historic landscape or exceptional tree takes precedence. (c) Landscaping shall have an automatic irrigation system with a rain or moisture sensor. (d) Residential projects requiring a development permit shall provide fifty-five square feet of recreation space per dwelling unit. The required on­ site recreation space, if provided outdoors, may be 217-52 29 7 6 §15-217-58 used to satisfy the open space requirement. [Eff NOV11 2011 J (Auth: HRS §§2O6E-4, 2O6E-5, 2O6E-7) (Imp: HRS §§2O6E-4, 2O6E-5, 2O6E-7) §15-217-57 Adequate infrastructure. (a) This section intends to limit development within portions of the mauka area with known infrastructure deficiencies until such time as the availability of infrastructure is sufficient to accommodate the maximum level of development provided for by the mauka area rules. (b) This section shall be applicable to the central Kakaako neighborhood zone only. (c) A maximum FAR of 1.5 shall apply until the executive director determines the infrastructure within the central Kakaako neighborhood zone has been sufficiently upgraded pursuant to an improvement district or other public facilities project. After sufficient infrastructure improvements are made, the FAR shall be increased to 3.5, consistent with the mauka area rules. (d) Where the executive director finds that the public infrastructure is adequate to support a project within the central Kakaako neighborhood zone or where a project would construct improvements to said infrastructure sufficient to accommodate the subject project and future developments, the executive director may elect to waive the FAR limitations of this section. [Eff NOV11 2011 J (Auth: HRS §§2O6E-4, 2O6E-5, 2O6E-7) (Imp: HRS §§2O6E-4, 2O6E-5, 2O6E-7) §15-217-58 Large lots. (a) Purpose. This section establishes the standards for developing large lots, dividing them into smaller pedestrian-oriented blocks, and achieving an interconnected block network with walkable block lengths. The standards for large lot projects ensure that these projects promote walkability, pedestrian-orientation, and sustainability of urban and built form. Buildings 217-53 29 7 6 §15-217-58 should include massing and articulation that reflects a human scale, rather than large, monolithic, and repetitive building fabric. (b) Applicability. Each building within a large lot project shall comply with the applicable • requirements in the development standards by zone and all other relevant standards in the rules. The following standards shall apply to large lot projects (i.e., larger than 140,000 square feet). (c) Thoroughfare network: (1) Large lots shall be divided to create pedestrian-oriented blocks; (2) New thoroughfares shall connect with existing thoroughfares; (3) New passageways that are introduced shall be a minimum of fifteen feet wide between building elevations; (4) New passageways that are introduced shall be un-gated and shall be publically-accessible; (5) Architectural encroachments into passageways are allowed two feet from the building face, subject to Figure 1.13-C (encroachments), dated September 2011, made a part of this chapter, and attached at the end of this chapter; (6) Each new block shall have an alley for service and parking access; and (7) Cul-de-sacs and dead-end streets are not permitted, unless they allow for future connections. (d) New buildings: (1) New buildings are permitted as indicated by the building types allocated to each zone; (2) New buildings shall have their principle entrance off of a new or existing thoroughfare or passageway; (3) New buildings with civic or institutional uses shall be located in central locations, and be recognizable and accessible to the public; (4) Buildings that occupy a large lot shall incorporate mid-block pedestrian passageways 217-54 2976 §15-217-59 and courtyards at least every three hundred feet. Where passageways are utilized, they shall connect through the block, across existing alleys if necessary, to other passageways, to mid-block crossings, or thoroughfares for greater street grid connectivity; (5) When a building includes a courtyard, the courtyard shall have a minimum dimension of forty feet deep and thirty-five feet wide along the street side; (6) The required mid-block pedestrian passageway or courtyard shall not abut an alley; and (7) For large lots that abut other parcels not subject to a permit application, an alley of at least twenty-six feet in width must be provided at the edge of the lot that is adjacent to the other parcels to ensure access by vehicles and access to light and air of the other parcels. An alternative proposal may be considered as long as it meets the intent of providing light, room, and air to neighboring parcels. [Eff NOV11 2011 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-59 Green building. (a) Purpose. This section provides standards intended to result in a responsible development pattern that conserves natural resources and provides a healthy environment for inhabitants of the mauka area. (b) Applicability. This section applies to all new buildings and additions and renovations of existing buildings that increase the existing floor area by twenty-five per cent or more, except that Figures BT.l to BT.4, dated September 2011, made a part of this chapter, and attached at the end of this chapter, are not required to follow this standard. (c) Green building standards: 217-55 29 7 6 §15-217-59 (1) A project shall qualify for the applicable base LEED rating system at the appropriate certification level (e.g., new construction projects shall qualify for LEED for new construction); (2) The applicable base rating system shall be chosen by the applicant based on the construction type, size, and use of the proposed project; (3) The project shall document the achievement of at least one LEED point in either sustainable sites, stormwater design, quantity control; or stormwater design, quality control; (4) The project shall document the achievement of at least one LEED point in either sustainable sites, heat island effect, non­ roof, or roof; (5) The project must document the achievement of at least one point in water efficiency, (WE) credit I: water efficient landscaping; (6) The applicant shall submit documentation and sustainability calculations showing that the proposed development meets the applicable base LEED rating system at the appropriate certification level. Based on these materials, the authority shall determine compliance with this section in conjunction with the accompanying development approval; (7) If the U.S. Green Building Council changes the LEED rating system, the executive director shall identify the new points and rating systems that are relevant to this section; and (8) Applicant may use a green building evaluation system, other than the LEED rating system, as appropriate and as approved by the executive director. [Eff NOV 112011 (Auth: HRS §§206E-4, 206E-5, 206E-7, 206E-33) (Imp: HRS §§206E-4, 206E-5, 206E-7, 206E-33) 217-56 29 7 6 §15-217-61 §15-217-60 Encroaching elements. Architectural features may encroach beyond a required build to line, as designated in Figure 1.13-C (encroachments), dated September 2011, made a part of this chapter, and attached at the end of this chapter. [Eff NOV11 2011 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-21 7-61 Flood zone. (a) Purpose. These standards provide building and urban design strategies that supplement the regulations presented in article 9 of the city and county of Honolulu land use ordinance, which do and shall apply in the mauka area. These standards help assure that flood measures implemented are seamless with existing fabric in terms of scale, frontage, and fenestration. The standards help ensure that measures implemented do not impede pedestrian access from abutting thoroughfares. (b) Applicability. The following standards apply to all new buildings within an identified Honolulu or FEMA flood zone that are required by code to have raised ground floors. (1) Design and location standards for ADA compliant wheelchair access ramps within flood zones: (A) A wheelchair ramp may only occupy up to fifteen per cent of building face; (B) Wheelchair ramps and ramp handrails on all ramps greater than twenty feet in length must be placed behind street walls or landscaping features such as hedges; (C) Except for those used for residential purposes, all buildings occupying less than one hundred twenty feet of frontage, shall use internal wheelchair ramps (see Figure 1.16-A (flood zone design, internal wheelchair ramp), dated September 2011, made a part of this chapter, and attached at the end of this chapter); 217-57 29 7 6 §15-217-61 (D) Except for those used for residential purposes, all buildings occupying more than or equal to one hundred twenty feet of frontage may use external wheelchair ramps (see Figures 1.16-B and 1.16-C (flood zone design), dated September 2011, made a part of this chapter, and attached at the end of this chapter); and (E) For all buildings, except for those used for residential use, no wheelchair ramps are allowed in the public right-of-way or front setback, except in the following circumstances: (i) When the ramp fronts the side of a building near a corner; (ii) When the ramp is shielded from the thoroughfare or covered under an element such as an arcade (see Figure 1.16-D, dated September 2011, made a part of this chapter, and attached at the end of this chapter); or (iii) If the length of the ramp within the public right-of-way or front setback is less than or equal to twenty-five per cent of the width of the sidewalk. In this case, handrails are not permitted in the public right-of-way or front setback; and (F) For residential buildings, wheelchair ramps may not be located in the public right-of-way or in the front setback; and (2) Other design standards for flood zones: (A) Measures undertaken to avoid floods shall not result in large blank walls along the building face. At least seventy-five per cent of a building's 217-58 2976 §15-217-62 frontage shall be activated with steps, landscaping, or street furniture; and (B) There shall be breaks in any flood control intervention such as raised sidewalks every thirty feet, stairways, entrances, and planting features. [Eff NOV 11 2011 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-62 Historical and cultural sites. (a) Purpose. The purpose of this section is to preserve, protect, reconstruct, rehabilitate and restore properties in the mauka area that are determined to be historic and culturally significant. (b) Applicability. This section applies to all historical or culturally significant properties. (c) Preservation and consultation. Properties situated in the mauka area that are deemed to be historically or culturally significant shall be preserved, protected, reconstructed, rehabilitated and restored by the landowners in accordance with the implementing regulations of section 106 of the National Historic Preservation Act and chapter 6E, HRS: (1) Developers of new projects or projects with significant alterations on historic or culturally significant properties shall consult with the department of land and natural resources, state historic preservation division ("SHPD"), department of land and natural resources to allow an opportunity for review of the effect of the proposed project on any historic properties or burial sites, pursuant to section 6E-43, HRS; (2) A written letter of concurrence from SHPD or adequate documentation that the applicant has complied with the requirements of chapter 6E-10, HRS, shall be included with the permit application to the authority; and 217-59 29 7 6 §15-217-62 (3) All SHPD requirements shall be completed by the developer prior to submittal of a permit application to the authority. (d) Uses classifications. A property designated historic or culturally significant may be put to any use permitted in the neighborhood zone in which the property is situated, subject to the requirements of this section. [Eff NOV 11 2011 l (Auth: HRS §§206E-7, 206E-33) (Imp: HRS §§206E-7, 206E-33) §15-217-63 Parking and loading. (a) Applicability. This section applies to all new principal buildings in the mauka area or additions to buildings on properties that exceed twenty-five per cent of the existing floor area on said property. (b) Access: (1) Parking shall be accessed from an alley; (2) When there is no alley present, parking shall be accessed from a parking access street as indicated in Figure 1.10 (parking), dated September 2011, made a part of this chapter, and attached at the end of this chapter; (3) When access from a parking access street is not possible, parking shall be accessed from an alternative parking access street as indicated in Figure 1.10 (parking), dated September 2011, made a part of this chapter, and attached at the end of this chapter; (4) When access from an alternative parking access street is not possible, an alternative parking plan may be submitted; and (5) Driveway access for parking shall be a minimum of fifty-five feet from an intersection measured from the right-of-way. (c) Curb cuts: (1) The number of curb cuts shall be minimized, especially along alternative parking access streets, to the maximum practicable extent. Shared alleys, access drives and parking 217-60 29 7 6 §15-217-63 arrangements are encouraged to reduce the need for new curb cuts; (2) Maximum width of new curb cuts shall be twenty-five feet for a two-way driveway and twelve feet for a one-way driveway, except that driveways for front yard houses and all other detached dwellings shall be no more than ten feet in width; and (3) Curb cuts shall be setback a minimum of twenty-two feet from adjacent properties. Lots with less than one hundred linear feet of frontage are exempt from this provision. (d) Placement: (1) Parking shall be a minimum of forty feet behind any lot line, unless indicated otherwise in Figure 1.10 (parking), dated September 2011, made a part of this chapter, and attached at the end of this chapter; (2) Parking lots and structures shall not front a civic space; and (3) Parking is prohibited within any building front setback or front yard, except in the CK neighborhood zone. (e) Quantity: (1) Required number of off-street parking spaces is as follows: Off-Street Parking Uses Requirements Detached dwellings, two per unit plus one per live-work, and one thousand square feet duplexes: of floor area over 2,500 square feet; Multi-family dwelling 0.9 per unit; six hundred square feet or less: 217-61 29 7 6 §15-217-63 Multi-family dwelling 1.25 per unit; greater than six hundred square feet: Group homes, care, 0.9 per four patient convalescent and beds, dwelling units, or nursing home: lodging units; Commercial, clinics, one per four hundred administrative and all fifty square feet of other uses: floor area; Restaurants and bars, 0.9 per three hundred and dance-nightclubs: square feet of eating or drinking area, plus 0.9 per twenty-five square feet of dance floor area, plus one per four hundred fifty square feet of kitchen or accessory area; Group assembly: 0.9 per three hundred square feet of assembly area or 0.9 per ten fixed seats, whichever is greater; Religious facilities 0.9 per every five fixed and theaters: seats or fifty square feet of general assembly area, whichever is greater; Day-care facilities: 0.9 per ten enrolled capacity; 217-62 29 7 6 §15-217-63 Educational facilities 0.9 for each twenty that are at the students of design elementary and capacity, plus one per intermediate level: four hundred fifty square feet of office floor area; Educational facilities 0.9 for each ten students that are at the high of design capacity, plus school level, one per four hundred language, vocational, fifty square feet of business, technical, office floor area; trade, college, or universities: Industrial, media one per nine hundred production, printing square feet of floor and publishing and area; and warehousing: (2) There shall be no off-street parking requirement for the central Kakaako neighborhood zone; (3) When there is uncertainty as to requirements for a proposed use, the executive director will review the proposed use and determine its equivalent and applicable off-street parking requirements; (4) When computation of required parking spaces results in a fractional number, the number of spaces required shall be rounded to the nearest whole number; . (5) Every twenty-four inches of pew or bench area provided in a religious facility or other place of assembly shall be counted as seats for the purpose of determining requirement for off-street parking; (6) At least fifty per cent of required parking spaces shall be standard sized parking spaces; and 217-63 29 7 & §15-217-63 (7) When a building includes uses incidental or accessory to a principal use, the executive director shall determine the total number of required spaces on the basis of the parking requirements for the use that creates a larger parking demand. (f) Shared parking: (1) Because of the mixed-use nature of the mauka area and the differing peaks associated with different uses, the same parking facility may be utilized by a variety of users throughout the day. This can reduce the total number of parking spaces needed to serve the peak parking demand of the mauka area. The executive director may authorize shared parking based upon a finding that adequate parking or loading spaces will be provided; (2) Required parking may be adjusted downward, without the need for a variance, according to the shared parking factor of Figure 1.10-A (parking), dated September 2011, made a part of this chapter, and attached at the end of this chapter; and (3) Parking required by the rules for an individual project shall be located within 1,200 feet of the project site, within the mauka area, or outside the boundary by covenant, lease, license or other arrangement to the satisfaction of the executive director. (g) On street. Marked on-street parking shall count towards required parking when the on-street parking is adjacent to the parcel or within two hundred feet of the parcel. (h) Aisle and space dimensions: (1) Each standard parking space shall be no less than 8.5 feet wide and eighteen feet long; (2) Each compact parking space shall be no less than 7.5 feet wide and sixteen feet long and shall be marked as a compact space; and 217-64 29 7 6 §15-217-63 (3) Ingress and egress aisles shall be provided to a thoroughfare and between parking bays. Minimum aisle widths for parking bays shall be: (A) Parking at 0 - 44 degrees: 12 feet; (B) Parking at 45 - 59 degrees: 13.5 feet; ( C) Parking at 60 - 69 degrees: 18.5 feet; (D) Parking at 70 - 79 degrees: 19.5 feet; (E) Parking at 80 - 89 degrees: 21 feet; and (F) Parking at 90 degrees: 22 feet; Notwithstanding the foregoing, for a parking angle of ninety degrees, the minimum aisle width may be reduced by one foot for every six inches of additional parking space width above the minimum width, to a minimum aisle width of nineteen feet. (i) Design: (1) Tandem parking and hydraulic lifts are permitted in parking facilities used for residential purposes, when both spaces are utilized by a single dwelling; (2) Tandem parking and hydraulic lifts are permitted in any attended parking facility; (3) Storage is permitted above all parking spaces constructed in parking garages or in parking structures; (4) Robotic parking is permitted; (5) Any mechanical equipment for providing parking shall be visually screened from view at abutting thoroughfares by architectural or landscape treatments; (6) High albedo concrete shall be used instead of asphalt in surface parking lots; and (7) All sources of illumination shall be shielded to prevent any direct reflection toward adjacent premises. (j) Landscaping for surface lots: (1) Parking lot landscape requirements are one tree per twenty spaces with a minimum of one landscaped island for every ten spaces; 217-65 29 7 6 §15-217-63 (2) Every other row of parking shall include a landscaped median for the entire length of a bay. The entire length shall be planted with large shade trees at least every forty­ five feet. Where a tree planting island occurs the entire length of a bay, there shall be a minimum of one planting island every fifteen spaces and a minimum of one large shade tree every fifteen spaces in a tree planting island; and (3) Permeable surfaces for parking and maneuvering areas are permitted. (k) Structures. Priority placement near entries, doors, elevators, or stairs within parking structures shall be given to parking for bicycles, car-shares, and plug-in electric vehicles. (1) Loading: (1) The following loading space requirements shall apply: Loading Space Requirements Uses Goods and services and industrial: Civil support, educational, and civic: Loading Requirements one two three four one one two three one Floor Area (in square feet) 2,000 - 10,000 10,001 - 20,000 20,001 - 40,000 40,001 - 60,000 Each additional 50,000 over 60,000 5,000 - 10,000 10,001 - 50,000 50,001 - 100,000 Each additional 100,000 over 100,000 217-66 29 7 6 §15-217-63 Office: one two one Multiple-family one dwellings: two one 20,000 - 50,000 50,001 - 100,000 Each additional 100,000 over 100,000 20,000 - 150,000 150,001 - 300,000 Each additional 200,000 over 300,000 (2) Loading space requirements shall be provided within a building, lot, or alley. Loading spaces are prohibited in thoroughfares; (3) Access to a loading space shall not be from a promenade street; (4) When only one loading space is required and total floor area is less than 5,000 square feet, the minimum horizontal dimensions of the space shall be 19 x 8-1/2 feet, and the space shall have a vertical clearance of at least ten feet; (5) When more than one loading space is required, the minimum horizontal dimensions of at least half of the required spaces shall be 12 x 35 feet and have a vertical clearance of at least fourteen feet. The balance of the required spaces shall have horizontal dimensions of at least 19 x 8-1/2 feet and vertical clearance of at least ten feet; (6) Each loading space shall be unobstructed and shall be arranged so that any vehicle may be moved without moving the other; (7) Adequate maneuvering areas and access to a street shall be provided and shall have a vertical clearance not less than the applicable height for the loading space; (8) All loading spaces and maneuvering areas shall be paved with an all-weather surface; 217-67 29 7 6 §15-217-63 (9) Where loading areas are illuminated, all sources of illumination shall be shielded to prevent any direct reflection toward adjacent premises; (10) Loading spaces for three or more vehicles shall be arranged so that no maneuvering to enter or leave a loading space shall be on any public street, alley or walkway; (11) Each required loading space shall be identified as such and shall be reserved for loading purposes; (12) No loading space shall occupy required off­ street parking spaces or restrict access; and (13) An adjustment of up to fifty per cent of the required number of loading spaces may be allowed when such spaces are assigned to serve two or more uses of a single project jointly, provided that: (A) Each use has access to the loading zone without crossing any street or public sidewalk; and (B) The amount of loading spaces which may be credited against the requirements for the use or uses involved shall not exceed the number of spaces reasonably expected to be available during differing periods of peak demand. (m) Bicycle parking: (1) Both short-term bicycle parking and long­ term bicycle parking shall be provided; (2) Bicycle parking shall be provided within four hundred feet of the principal entrance of the building; (3) Instructional signs shall be used to explain how to use the bicycle parking device and directional signage shall be installed when bicycle parking locations are not readily visible from entrances; and (4) For use classifications not specifically mentioned, requirements will be determined by the executive director based on the most 217-68 29 7 6 §15-217-64 similar use listed, except that Figures BT.1 to BT.3, dated September 2011, made a part of this chapter, and attached at the end of this chapter, are exempt from bicycle parking requirements. [Eff NOV 11 2011 (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-64 Conditional use of vacant land. (a) The executive director may issue a conditional use of vacant land permit, provided that the following standards are met: (1) The proposed use is permitted within the applicable zone except: (A) Open or uncovered parking at grade may be permitted in all zones, whether paved or unpaved; and (B) Construction sites, special trade construction, and non-extensive yard uses may be permitted in all zones where a six-foot screening wall, hedge, or fence is erected along all street rights of way; (2) The maximum duration of the use is for a two-year period, provided that the executive director may issue extensions of up to two additional years if the development status of the area has not changed appreciably since the use was initially permitted; (3) The floor area ratio of any proposed temporary structure shall not exceed 0.5 and the project shall conform to the built form and landscaping standards of the rules; and (4) The proposed use shall in no way prevent or delay the future development or improvements to the property. (b) In addition to these standards, the executive director may include additional requirements in the permit to ensure that the conditional use does not adversely affect adjacent property and the appearance of the mauka area. [EffN0V 11 2011 217-69 29 7 6 §15-217-64 (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-65 Public facilities dedication fee. (a) Applicability. This section shall apply to any new development or improvement project, or existing development or improvement project within the mauka area that increases the existing floor area by more than twenty-five per cent as compared to the floor area existing on February 27, 1982 or at the time the development permit or improvement permit was issued, excluding proposed demolitions, whichever is less; provided, however, that this section shall not apply to any development or improvement project undertaken by an eleemosynary organization, development or improvement project for public uses, public project, workforce housing projects, floor area related to reserved housing, single-family dwellings and duplex units, or new buildings or structures with a floor area of less than 200 square feet. (b) Dedication requirement. As a condition precedent to the issuance of an improvement permit or development permit, the developer shall dedicate land for public facilities. The dedication of land for public facilities shall be subject to the maximum ceiling in land or money in lieu thereof calculated in accordance with the formula designated in subsections (d) to (f) herein. (c) In-lieu fee payments. As an alternative to the land dedication requirement of section 15-217-65(b), an in-lieu fee payment may be authorized as follows: (1) For improvement permit applications, the executive director may authorize a developer to pay an in-lieu fee equal to the value of land which would otherwise have had to be dedicated, or combine the payment of fee with land to be dedicated. The total value of such combination shall be not less than the value of land which would otherwise have had to be dedicated; and 217-70 2976 §15-217-65 (2) For development permit applications, the authority may authorize a developer to pay a fee equal to the value of land which would otherwise have had to be dedicated, or combine the payment of fee with land to be dedicated. The total value of such combination shall be not less than the value of land which would otherwise have had to be dedicated. (d) Minimum dedication requirements. Land dedication requirements are: (1) Three per cent of the total commercial floor area; (2) Four per cent of the total residential floor area exclusive of floor area devoted to reserved housing units and their associated common areas in proportion with the floor area of other uses; and (3) If the area of land approved for dedication is less than the land area required under subsection (d) (1) and (2) above, the developer shall be required to pay a fee equal to the fair market value of the land area which is the difference between the land area dedicated and the land area required under subsection (d) (1) and (2) above. (e) Payment timing and use of funds: (1) Authorized in-lieu fees shall be payable prior to the issuance of the initial certificate of occupancy and secured by the applicant with a financial guaranty bond from a surety company authorized to do business in Hawaii, an acceptable construction set-aside letter, or other acceptable means prior to the issuance of the initial building permit; and (2) Payment of fees shall be made to the authority for deposit in the authority's revolving fund established under section 206E-16, HRS. 217-71 2976 §15-217-65 ( f) when fees follows: ( 1) ( 2) Valuation methodology. Valuation of land are to be paid shall be determined as Valuation shall be based upon the fair market value of the land as though vacant and unimproved on the date the developer's application for an improvement permit or development permit is deemed complete pursuant to section 15-217-85 (completeness review), as agreed to by the developer and the executive director if an improvement permit or the developer and authority if a development permit; and In the event that a fair market value cannot be agreed on, the fair market value of the land as though vacant and unimproved shall be fixed and established by majority vote of three real estate appraisers whose decision shall be final, conclusive, and binding; one shall be appointed by the developer, one appointed by the executive director in the case of improvement permits or the authority in the case of development permits, and the third appointed by the first two appraisers. In the event a party shall fail to appoint an appraiser within ten days following the appointment of the first appraiser, the party who appointed the first appraiser may apply to the person sitting as the administrative judge of the circuit court of the first circuit of Hawaii, if any, or if none, to any judge in service of said court, for the appointment of the second appraiser; provided, however, that if the developer is the party who has failed to appoint an appraiser within ten days following the executive director's or authority's appointment of the first appraiser, the executive director or authority, as the case may be, may deny the developer's request to pay a monetary fee in lieu of dedicating land. The two appraisers shall appoint a 217-72 29 7 & §15-217-65 third appraiser, and in case of their failure to do so within ten days after appointment of the second appraiser, either party may apply to the person sitting as the administrative judge of the circuit court of the first circuit of Hawaii, if any, or if none, to any judge in service of said court, for the appointment of the third appraiser. The appraisers shall determine the fair market value of the land as though vacant and unimproved on the date the developer's application for an improvement permit or development permit is deemed complete pursuant to section 15-217-85 (completeness review). All appraisers shall have had a minimum of five years of training and experience in real estate appraisal work in the state of Hawaii. The appraisers shall be governed in their determination by the provisions of chapter 658A, HRS. The fees and costs of each appraiser and all other appraisal costs shall, with exception of each party's attorneys' fees and costs and witnesses' fees, shall be borne equally by both parties. (g) Dedication instrument. For land dedication pursuant to this section, the developer shall record the necessary conveyance instrument, free and clear of all encumbrances, in the bureau of conveyances, state of Hawaii, and shall file copies of the recorded conveyance instrument with the authority. The authority may require the developer to maintain the dedicated area until such time that notice is given by the authority to accept ownership and control of the area. (h) Relationship to existing or future improvement districts. Nothing contained in this section shall preclude the creation of any improvement district for public facilities, or the imposition of assessments against properties specially benefited within the district. [Eff NOV11 2011 ] (Auth: HRS §§206E-7, 206E-12) (Imp: HRS §§206E-7, 206E-12) 217-73 29 7 6 §15-217-66 §§15-217-66 to 15-217-78 (Reserved) . SUBCHAPTER 5 PROCEDURES §15-217-79 Rules clearance. (a) Applicability. Any uses, structures, and activities identified by section 15-217-79(b) below on a lot size of 20,000 square feet or less shall be issued a rules clearance from the rules when they are in compliance with the setback requirements, height limits, and all other applicable standards of subchapter 2 (regulating plan and neighborhood zones), subchapter 3 (thoroughfare plan and standards), subchapter 4 (area-wide standards) and, where applicable, those relating to section 15-217-91 (nonconformities); (b) Qualifying land uses, structures and activities. The following are eligible for issuance of a rules clearance when in compliance with section 15­217-79(a) above: (1) Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit; (2) Fences and walls in compliance with height and location requirements in section 15-217-55(e) (architectural design); (3) Interior alterations or change in use. Interior alterations or change in use that do not increase the gross floor area of the structure; (4) Repairs and maintenance: (A) Single-family dwellings. Ordinary nonstructural repairs to, and maintenance of, single-family dwellings; or (B) Multi-family residential and non­ residential structures. Ordinary non­ structural repairs to, and maintenance 217-74 29 7 6 §15-217-79 of multi-family residential and non­ residential structures, if: (i) The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and (ii) Any exterior repairs employing the same materials and design as the original construction; (5) Small, portable residential accessory structures. A single portable structure of one hundred twenty square feet or less per lot or unit, including pre-manufactured storage sheds and other small structures that are exempt from having to obtain a building permit from the city and county of Honolulu and in compliance with the applicable building code. Additional structures may be approved in compliance with subchapter 4 (area-wide standards), dated September 2011, made a part of this chapter, and attached at the end of this chapter, where allowed by the applicable zone; (6) Spas, hot tubs, and fish ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed one hundred twenty square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed two feet in depth; (7) Open space and parks. Any improvement project over, upon, under or across any open space or park pursuant to Figure 1.11 (civic space), dated September 2011, made a part of this chapter, and attached at the end of this chapter; and (8) Any public utility project. (c) Action. In accordance with Figure 1.1 (approval requirements matrix), dated September 2011, made a part of this chapter, and attached at the end 217-75 2976 §15-217-79 of this chapter, the executive director shall approve all rules clearance applications consistent with this section after receipt of a complete application and payment of the requisite fee. [Eff NOV 11 201f J (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-80 Improvement and development permits. (a) Applicability. All new improvement projects and developments shall require a permit unless waived in accordance with section 15-217-90 (minor changes) or eligible for a rules clearance under section 15-217-79. (b) Initiation. A developer may apply for an improvement permit or development permit by filing an application with the executive director. (c) Types. There shall be two types of permits­ improvement and development. Each type shall be subject to the decision-maker review and action pursuant to Figure 1.1 (approval requirements matrix), dated September 2011, made a part of this chapter, and attached at the end of this chapter: (1) Improvement permits shall apply to improvement projects and are subject to executive director review and action; and (2) Development permits shall apply to developments and are subject to authority review and action. (d) Required findings. Approval of an improvement or development permit shall require all the following findings of fact: (1) Mauka area plan consistency. That the proposal complies with and advances the goals, policies and objectives of the mauka area plan; (2) Mauka area rules consistency. That the proposal will protect, preserve, or enhance desirable neighborhood characteristics through compliance with the standards and guidelines of the mauka area rules; and 217-76 29 7 6 §15-217-80 (3) Compatibility. That the proposal will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area. (e) Conditions. In approving an improvement or development permit, the decision-maker may impose any reasonable conditions to ensure that the approval complies with the findings required above. Any conditions attached to an improvement or development permit issued by the executive director or authority, as the case may be, under any previously enacted zoning regulations, subdivision, or other administrative rules shall continue to apply to the proposed use and shall be enforceable as provided in section 15-217-92 (violations and enforcement). Such conditions may be waived if an improvement or development permit application is approved by the decision-maker which originally imposed such condition(s) and where the applicant agrees to waive and abandon all rights secured under the regulations formerly in effect. (f) Design advisory board ("DAB"). The executive director may convene a DAB prior to acting on an improvement permit application. Where an application has been referred to the authority for review and action under section 15-217-BO(g) or when reviewing a development permit application, the authority may convene a DAB whether or not the executive director has done so previously: (1) Composition. The DAB shall be comprised of the HCDA's director of planning and development or his/her designee, one member of the authority, and one or more technical consultants (e.g., architect, landscape architect, engineer) chosen by the executive director; (2) Fee. The applicant shall compensate the authority for all costs relating to the participation of technical consultants in the DAB. Prior to retaining technical consultants, the executive director shall 217-77 29 7 6 §15-217-80 consult with the applicant on their fees and work scope; provided, however, that the executive director may accept or reject the applicant's recommendations and/or comments on the technical consultant to be retained at the executive director's sole discretion; and (3) Purpose. The DAB shall provide only non-binding recommendations to the executive director or, in the case of referral under section 15-217-S0(g), to the authority. (g) Authority referral. The executive director may refer an improvement permit application to the authority for review and action. Where a DAB has been or will be convened, the DAB shall review the application and provide its non-binding recommendations to the authority. [Eff NOV11 2011 (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-81 Conditional use permit. (a) Purpose. This section provides for certain uses that, because of unique characteristics or potential impacts on adjacent land uses, may be authorized only under appropriate standards and factors set forth in the rules. No inherent right exists to receive a conditional use permit. Such authorization must be approved under a specific set of circumstances and conditions. Each application and situation is unique. Every conditional use permit application or amendment shall at a minimum be required to comply with every requirement contained in each subchapter of the rules. Mere compliance with the generally applicable requirements however may not be sufficient, and additional measures and conditions may be necessary to mitigate the impact of the proposed development. (b) Applicability. All uses identified by "CU" in Figure 1.9 (land use), dated September 2011, made a part of this chapter, and attached at the end of this chapter, shall require conditional use permit approval. 217-78 29 7 6 §15-217-81 (c) Decision-maker. Conditional use permits shall be subject to the authority review and action pursuant to Figure 1.1 (approval requirements matrix), dated September 2011, made a part of this chapter, and attached at the end of this chapter. (d) Findings. Approval of a conditional use permit shall require all the following findings of fact: ( 1) The use is allowed within the applicable zone and complies with all other applicable provisions of the rules; ( 2) The use will conform to the mauka area plan; ( 3) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future uses in the vicinity; ( 4) The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and (5) Granting the permit would not be detrimental to the public health, safety, or welfare, or materially injurious to persons, property, or improvements in the vicinity and Zone in which the property is located. (e) Conditions. In approving any conditional use permit, the authority may impose such reasonable standards, conditions, or requirements, in addition to or that supersede any standard specified in the rules, as it may deem necessary to protect the public welfare and in order to ensure the approval will comply with the findings of section 15-217-Bl(d) (conditional use permit). Such additional standards, conditions or requirements may include, but need not be limited to: (1) Financing and availability of adequate public facilities or services; ( 2) Dedication of land; ( 3) Reservation of land; ( 4) Payment of exactions; ( 5) Impact fees; ( 6) Creation of special assessment districts; 217-79 29 7 6 §15-217-81 (7) Creation of restrictive covenants or easements; (8) Special setbacks; (9) Yard requirements; (10) Increased screening or landscaping requirements; (11) Area requirements; (12) Development phasing; (13) Standards pertaining to traffic, circulation, noise, lighting, hours of operation, protection of environmentally sensitive areas, and similar characteristics; (14) Provision of sustainable features, solar or other renewable energy source, rain water capture, storage and treatment or other sustainability requirement in section 15-217-59 (green building); or (15) Require that a performance guarantee ­ acceptable in form, content, and amount to the authority be posted by the applicant to ensure continued compliance with all conditions and requirements as may be specified. [Eff NOV 11 2011 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)