HAR §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.1 to BT.2, dated January 2024, made a part 15-217-58 §15-217-59 of this chapter, (c) (1) (2) (3) (4) (5) (6) (7) (8) chapter, and attached at the end of this are not required to follow this standard. Green building standards: 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); The applicable base rating system shall be chosen by the applicant based on the construction type, size, and use of the proposed project; 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; The project shall document the achievement of at least one LEED point in either sustainable sites, heat island effect, non-roof, or roof; The project must document the achievement of at least one point in water efficiency (WE) credit I: water efficient landscaping; 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 executive director shall determine compliance with this section; 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 Applicant may use a green building evaluation system, other than the LEED rating system, as appropriate and as approved by the executive director. [ Eff 11/11/11; am and comp JN' :t~ l (Auth: HRS §§206E-4, 206E-5, 206E-7, 206E­ 33) (Imp: HRS §§206E-4, 206E-5, 206E-7, 206E-33) 15-217-59 8 5 7 r §15-217-60 §15-217-60 Encroaching elements. Architectural features may encroach beyond a required build to line, as designated in Figure 12 (building placement and encroachments), dated January 2024, made a part of this chapter, and attached at the end of this chapter. [Eff 11/11/11; am and comp JAtJ , 2025 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-61 Flood zone. (a) Purpose. These standards provide building and urban design strategies that supplement the regulations presented in the city and county of Honolulu flood hazard areas ordinance (chapter 21A, revised ordinances of Honolulu), as it may be amended from time to time, 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 15-A (illustrative internal wheelchair ramp), dated 15-217-60 3 5 7 7 §15-217-61 January 2024, made a part of this chapter, and attached at the end of this chapter); (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 15-B and 15-C, dated January 2024, 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 15-D, dated January 2024, 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 frontage. At least seventy-five per cent of a building's frontage shall be activated with shop 15-217-61 §15-217-61 front windows, seating areas, steps, landscaping, or street furniture; and (B) There shall be breaks every thirty feet in the massing of any flood control intervention, such as stairways, entrances, gardens, planting features, or other elements. (Eff 11/11/11; am and comp JM; i 2825 ) (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, whether or not the physical remains of the property are present. (b) Applicability. This section applies to all historical or culturally significant properties. The term "historic or culturally significant property" means any building, structure, object, district, area, or site, including heiau and underwater site, that is: (1) Listed on the Hawaii or national register of historic places; (2) Designated by the state historic preservation division or in the mauka area plan as being: significant in the history or prehistory, architecture, culture, or development of Kaka'ako; a tangible, historic or cultural linkage between Kaka'ako of the past and Kaka'ako of the present; and capable of adaptive reuse; or (3) Over fifty years old, as defined in chapter 6E, HRS. (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, as applicable, and chapter 6E, HRS: 15-217-62 S 5 7 §15-217-63 (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"), to allow an opportunity for review of the effect of the proposed project on any historic properties or burial sites, pursuant to section 6E-42, HRS; and (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. (d) Use classifications. A property designated as 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 11/11/11; am and comp ,,;, ] (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 9 (off-street parking placement), dated January 2024, 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 9 (off-street parking placement), dated January 2024, made a part of this chapter, and attached at the end of this chapter; 15-217-63 3 5 7 7 §15-217-63 (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 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) To the extent practicable, curb cuts shall be set back 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 9 (off-street parking placement), dated January 2024, 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 or thoroughfare without a liner building or active retail or commercial uses; (3) To the extent possible, above-ground multi­ level parking structures shall be designed with flat floors and systems that can accommodate future conversion to inhabitable, non-parking uses; and (4) Parking is prohibited within any building front setback or front yard, except in the central Kaka'ako neighborhood zone. (e) Quantity: 15-217-64 Jo,-7r:I J §15-217-63 (1) Required number of off-street parking spaces, for only the specified uses, is in the table below: Off-Street Parking Requirements (2/1/24) Uses Requirements Detached dwellings, live-work, and duplexes Two per unit plus one per one thousand square feet of floor area over 2,500 square feet Group homes and care, convalescent, and nursing homes Two plus one per one hundred patient beds, dwelling uni ts, or lodging units, and 50 per cent of spaces shall be compliant with ADA requirements (2) 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; (3) When computation of required parking spaces results in a fractional number, the number of spaces required shall be rounded to the nearest whole number; (4) All parking spaces shall be standard-sized parking spaces; and (5) When a building includes uses incidental or accessory to a principal use, the executive director shall determine the total number of required spaces, based upon the parking requirements for the use that creates a larger parking demand. (f) Shared parking. 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 15-217-65 ·, 'l 'l §15-217-63 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. (g) Aisle and space dimensions: (1) All parking spaces shall be standard size. Each standard parking space shall be no less than 8.5 feet wide and eighteen feet long; (2) 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. (h) Design: (1) Tandem parking, robotic parking systems, and hydraulic lifts are permitted in any parking facility; (2) Any mechanical equipment for providing parking shall be visually screened from view at abutting thoroughfares by architectural or landscape treatments; (3) High albedo materials with an initial solar reflectance value of at least 0.30, as determined in accordance with American society for testing and materials (ASTM) standards El918 or C1549, shall be used in surface parking lots; and (4) All sources of illumination shall be shielded to prevent any direct reflection toward adjacent premises. (i) Landscaping for surface lots: 15-217-66 §15-217-63 (1) Parking lot landscape requirements are one tree per twenty spaces with a minimum of one landscaped island for every ten spaces; (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 preferred. (j) 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. (k) Loading: (1) The loading space requirements in the table below shall apply: 15-217-67 3 5 7 7 §15-217-63 Off-Street Loading Requirements (2/1/24) Use or Use Category Floor Area ( in square feet or number of units) Loading Space Requirements Goods and services industrial: and 5,000 10,001 20,001 40,001 - 10,000 - 20,000 - 40,000 - 60,000 one two three four Each additional 50,000 over 60,000 one Civil support, educational, and civic: 5,000 10,001 50,001 - 10,000 - 50,000 - 100,000 one two three Each additional 100,000 over 100,000 one Office: 20,000 50,001 - 50,000 - 100,000 one two Each additional 100,000 over 100,000 one Multiple-family dwellings: First 100 units Each additional 250 units one one (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 15-217-68 ,. I: 1'71 7 () t_i I ... §15-217-63 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 might 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; (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; (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 15-217-69 3 5 7 7 §15-217-63 exceed the number of spaces reasonably expected to be available during differing periods of peak demand; and (14) There shall be no off-street loading requirements for the central Kaka'ako neighborhood zone. (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 walking distance 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) On-site bicycle storage shall meet the bicycle parking requirements of the city and county of Honolulu land use ordinance. [Eff 11/11/11; am and comp JAN 13 2025 ] (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 15-217-70 i7 rt l 8 §15-217-65 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. [Eff 11/11/11; am and comp ..,A, 2025 (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-65 Public facilities dedication of land or fee. (a) Applicability. This section shal 1 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, _________ 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, additional floor area gained through incentive zoning, single-family dwellings and duplex units, or new buildings or structures with a floor area of less than two hundred square feet. (b) Dedication requirement. As a condition precedent to the issuance of an improvement permit or development permit, the developer shall agree to dedicate land or a commensurate fee amount for public facilities. The dedication of land or fee for public facilities shall be subject to the maximum ceiling in 15-217-71 3 5 7 7 §15-217-65 land or money in lieu thereof calculated in accordance with the formula designated in subsections (d) to (f) herein. Future reductions in floor area for an approved project does not retroactively reduce the required dedication credits previously approved by the authority. (c) In-lieu fee payments. As an alternative to a dedication of land, an in-lieu fee payment may be authorized as follows: (1) For improvement permit applications, the executive director or authority, as applicable, 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 (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 to combine the payment of fee with land to be dedicated. The total value of such combination shall not be 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 15-217-72 3 5 7 7 §15-217-65 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 authority sign-off on any building or grading permit 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 206£-16, HRS. (f) Valuation methodology. Valuation of land when in-lieu fees are to be paid shall be determined as follows: (1) 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); or as agreed to by the developer and the executive director, if an improvement permit; or by the developer and authority, if a development permit or improvement permit on authority-owned land; (2) 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 by the authority in the case of development permits or improvement permits on authority owned land, and the third appointed by the first two appraisers. (A) In the event a party shall fail to appoint an appraiser within ten days 15-217-73 3 5 f" 7 §15-217-65 (B) (C) (D) (E) 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 might be, may deny the developer's request to pay a monetary fee in lieu of dedicating land; If the first two appointed appraisers fail to appoint a third appraiser 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; and The fees and costs of each appraiser and all other appraisal costs shall, 15-217-74 8 t 7 I §15-217-76 with exception of each party's attorneys' fees and costs and witnesses' fees, 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 thi~ 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 11/11/11; am and comp JAN l 2025 ] (Auth: HRS §§206E-7, 206E-12) (Imp: HRS §§206E-7, 206E-12) §§15-217-66 to 15-217-75 (Reserved). SUBCHAPTER 5 PROCEDURES §15-217-76 Zoning clearance. (a) Applicability. Any uses and activities identified may be issued a zoning clearance when they are in compliance with the applicable standards of subchapter 2 (regulating plan and neighborhood zones), including sections 15-217-23 and 15-217-26, and, where applicable, those relating to section 15-217-91 (nonconformities); (b) Initiation. A developer may apply for a zoning clearance by filing an application with the executive director. 15-217-75 3 5 7 7 §15-217-76 (c) Action. In accordance with Figure 1 (approval requirements matrix), dated January 2024, made a part of this chapter, and attached at the end of this chapter, the executive director may approve all zoning clearance applications consistent with this section after receipt of a complete application and payment of the requisite fee. [Eff JNJ 1 2025 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-77 Temporary use permit. (a) Applicability. Structures, such as tents and booths, may be permitted by the executive director for periods not exceeding fourteen days within a ninety­ day period, provided that for good reasons, the executive director may grant extensions. (b) Initiation. An applicant may apply for a temporary use permit by filing an application with the executive director. (c) Action. In accordance with Figure 1 (approval requirements matrix), dated January 2024, made a part of this chapter, and attached at the end of this chapter, the executive director shall approve all temporary use permit applications consistent with this section, after receipt of a complete application and payment of the requisite fee. In approving a temporary use permit, the executive director may impose reasonable standards, conditions, or requirements as a condition of approval. [Eff JMi 1. 2025 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-78 Rules clearance. (a) Applicability. Any uses, structures, and activities identified by section 15-217-78(b) below may be issued a rules clearance 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) 15-217-76 3 5 7 7 §15-217-78 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 15-217-78(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 changes 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 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 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 15-217-77 §15-217-78 with subchapter 4 (area-wide standards), 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 10 (park and civic space typologies), dated January 2024, made a part of this chapter, and attached at the end of this chapter; (8) Private utility improvements or repairs for existing structures; and (9) Any public utility project. (c) Action. In accordance with Figure 1 (approval requirements matrix), dated January 2024, made a part of this chapter, and attached at the end of this chapter, the executive director shall approve all rules clearance permit applications consistent with this section, after receipt of a complete application and payment of the requisite fee. (d) Exceptions. Building permits can be approved without an associated rules clearance permit in the following cases: (1) Standalone interior electrical or plumbing work that would otherwise comply with section 15-217-78(a); and (2) Changes in use that are still permitted under section 15-217-26. [Eff 11/11/11; §15-217-79; am, ren §15-217-78, and comp JP' 1, 2025 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-79.5 Renovation permit. (a) Applicability. Any renovation project for an existing building, including uses, structures, and activities identified by section 15-217-79.5(b) that comply with the setback requirements, height limits, 15-217-78 ..., E 7 ,, ~ n , J §15-217-80 and all other applicable standards and, where applicable, those relating to section 15-217-93 (nonconformities), shall require a renovation permit. (b) Qualifying land uses, structures, and activities. The following are eligible for issuance of a renovation permit when in compliance with section 15-217-79. 5 (a): (1) Interior alterations, improvements, and modifications of an existing structure that increase floor area by not more than twenty­ five per cent of the building floor area as originally constructed, and where the total building floor area is less than twenty thousand square feet; and (2) Minor modifications to the exterior of the existing structure. (c) Initiation. A developer may apply for a renovation permit by filing an application with the executive director. (d) Action. In accordance with Figure 1 (approval requirements matrix), dated January 2024, made a part of this chapter, and attached at the end of this chapter, the executive director shall approve all renovation permit applications consistent with this section, after receipt of a complete application and payment of the requisite fee. [Eff ~••·, 1 :0?5 ] (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 development projects shall require a permit. (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 (approval requirements matrix), dated January 2024, made a part of this chapter, and attached at the end of this chapter: (1) Improvement permits shall apply to improvement projects, as defined in section 15-217-79 ,.)5 77 §15-217-80 15-217-8, and are subject to executive director review and action. Improvement permits on lands owned by the authority are subject to authority review and action; and (2) Development permits shall apply to development projects, as defined in section 15-217-8, 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; (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; and (4) Climate adapatation. The proposal has considered climate change, sea level rise, and climate-resilient development in the design and siting of buildings. (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 might 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 15-217-80 3 5 1 7 §15-217-80 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 15-217-80(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 following members: (A) The authority's director of planning and development or the director's designee; (B) One member of the authority; (C) One or more technical consultants (e.g., architect, landscape architect, engineer) chosen by the executive director; and (D) One cultural consultant with specialized expertise in native Hawaiian cultural issues. The native Hawaiian cultural consultant must be validated or be recommended by a native Hawaiian serving organization; (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 consult with the applicant on their fees and work scope; provided, however, that the executive director may exercise sole discretion to accept or reject the applicant's recommendations or comments regarding the technical consultant to be retained; and (3) Purpose. The DAB shall provide only non-binding recommendations to the executive director or, in the case of referral under section 15-217-80(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 15-217-81 §15-217-80 or will be convened, the DAB shall review the application and provide its non-binding recommendations to the authority. [Eff 11/11/11; am and comp ..,A, _ ;~U25 ] (Auth: HRS §§206E-4, 206E-5, 206E-5.6, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-5.6, 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 considered 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, might not be sufficient, and additional measures and conditions might be necessary to mitigate the impact of the proposed development. (b) Applicability. All uses designated as conditional use in Figure 8 (land use), dated January 2024, made a part of this chapter, and attached at the end of this chapter, shall require conditional use permit approval. (c) Decision-maker. Conditional use permits shall be subject to the authority review and action pursuant to Figure 1 (approval requirements matrix), dated January 2024, 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 15-217-82 .. , iJ .) <J,.,/J - ... §15-217-81 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 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; (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 15-217-83 3 5 7 7 §15-217-81 (15) Require that a performance guarantee that is 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. (f) Initiation. A developer may apply for a conditional use permit by filing an application with the executive director and payment of the requisite fee. [Eff 11/11/11; am and comp ,.,,.,; 2025 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-21 7-82 Variances. (a) Purpose. This section is intended to provide a mechanism for relief from the strict application of the rules where the strict application will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions. Economic or financial hardship alone is not sufficient justification for granting a variance. (b) Applicability. All requirements of the rules are mandatory unless approval of variance is obtained, except as limited by section 15-217-82(f) (variances) . (c) Variances are subject to authority review and action, in accordance with section 206E-4.l, HRS. (d) Findings. Approval of a variance shall require all the following findings of fact: (1) Deprivation of the reasonable use of the property. The applicant would be deprived of the reasonable use of land or building in complying strictly with the standards of the rules. Reasonable use is not defined as the highest and best use; (2) Uniqueness. That there are unique physical conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot; as a result of such unique physical conditions, practical difficulties or unusual hardships arise in 15-217-84 3 5 7 7 §15-217-82 complying strictly with the standards of the rules; (3) Self-created hardship. That the practical difficulties or unusual hardship claimed as the basis for a variance has not been created by the owner or by a predecessor in title; (4) Minimal deviation. That the variance, if granted, is the minimum deviation necessary to afford relief; and to this end, the decision-maker may permit a lesser variance than that applied for; (5) Neighborhood character. That the variance, if granted, will not alter the existing or planned character of the neighborhood or neighborhood zone in which the lot is located; will not substantially impair the appropriate use or development of adjacent property; and will not be detrimental to the public welfare; and (6) No adverse impact. The variance would result in development that is not detrimental to or that would adversely impact adjacent properties. (e) Variances for buildings for civic uses. In addition to the findings required by section 15-217-82(d) above, a community identity finding shall also be required to grant approval for a variance involving a new building or substantial modification to an existing building providing for a civic land use classification of Figure 8 (land use), dated January 2024, made a part of this chapter, and attached at the end of this chapter. The community identity finding establishes that the building and use provides a public service dedicated to arts, culture, education, recreation, government, transit, or public parking and is uniquely designed to feature as a prominent, architecturally significant contribution to the built environment such that deviation from the provisions of the rules is warranted. (f) Limitations. The following shall not be eligible for variance approval: (1) Change of zone; (2) Deletion of any thoroughfare identified in the thoroughfare plan; 15-217-85 §15-217-82 (3) Figure 4 (parks and open space plan), dated January 2024, made a part of this chapter, and attached at the end of this chapter; (4) Figure 5 (view corridors), dated January 2024, made a part of this chapter, and attached at the end of this chapter, and associated setback requirements; (5) Land use classifications as allocated to neighborhood zones - Figure 8 (land use), dated January 2024, made a part of this chapter, and attached at the end of this chapter; (6) Any building types and frontage types not allocated to neighborhood zones; and (7) Any maximum floor area ratio standard. (g) Submittal requirements. Each variance application shall include, at a minimum, the following: (1) A statement of the standard or standards that are the subject of the proposed variance; (2) A textual description of how the applicant proposes to deviate from such evaluation standard or standards; (3) Plans drawn to scale, showing the nature, location, dimensions, and elevation of the structure, area, or part thereof that is the subject of the proposed variance; including the development project's relationship to the surrounding context; (4) A justification for the proposed variance, in light of the requirements set forth above; and (5) Other information as may be required by the decision-maker. [Eff 11/11/11; am and comp JA; ! -~ :025 ] (Auth: HRS §§206E-4, 206E-4.l, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-4.l, 206E-5, 206E-7) §15-217-83 Master plan. (a) Purpose. The provisions of this section are intended to provide a flexible approach to development, encourage investment in new development, and commitment to the master 15-217-86 §15-217-83 planning of large land holdings. A further purpose of this section is to derive public benefits, such as reserved housing, public parking, off-site infrastructure, and other public facilities from master plan developers, in exchange for greater development flexibility for a specified period. (b) Applicability. Developers of project sites exceeding five acres are eligible to apply for a master plan permit. (c) Contents. A master plan permit may authorize only the following: (1) A development approval period up to ten years; ( 2) The provision of reserved housing outside of the mauka area; and ( 3) Public facilities, beyond that required by the mauka area plan or the mauka area rules, including, but not limited to, parks and open space, public infrastructure, and public art. ( d) Findings. The authority shall make the following findings of fact, to approve a master plan permit: ( 1) That the master plan implements and is consistent with the mauka area plan and mauka area rules; and ( 2) That the master plan will either enhance or provide necessary public facilities, as provided for in section 15-217-83(f) (master plan) . (e) Submittal requirements. Each master plan permit application shall include, at a minimum, the following: (1) Plans and supporting information sufficient to clearly indicate the pattern and implications of development within the master plan area; ( 2) Proposed development approval timeframe; (3) Proposed number, location, type, and size of reserved housing; (4 ) Proposed public facility improvements; and ( 5) Such other information as may be required by the executive director or authority. (f) Public facilities. All public facilities above those required by these rules and other 15-217-87 §15-217-83 administrative rules of the authority may be voluntarily offered by the master plan applicant. (g) Time extension. The authority may authorize a master plan approval time extension for up to a five-year time period. A maximum of two time extensions may be authorized, for a total maximum duration of twenty years. (h) Expiration. At least 120 days prior to the expiration of a master plan permit, the applicant shall submit a reconciliation of all master plan obligations to the executive director. The authority may approve a closing agreement that survives the expiration of the master plan, until any remaining unsatisfied obligations are completed. [Eff 11/11/11; am and comp JA1,I 1 2025 ] (Auth: HRS §§20 6E-4, 206E-5, 206E-7) (Imp: HRS §§206E-7, 206E-33) §15-217-84 Floor area ratio transfer. (a) Purpose. The purpose of this section is to offer a discretionary review process for the transfer of floor area within the mauka area from a sending site to a receiving site. More specifically, the purposes are to encourage the transfer of floor area to properties with lot dimensions that allow for additional floor while complying with the building envelope requirements set forth in Figures BT.1 to BT.11, dated January 2024, made a part of this chapter, and attached at the end of this chapter, and building height requirements set forth in Figures NZ.1 to NZ.7, dated January 2024, made a part of this chapter, and attached at the end of this chapter. (b) Generally. The proposed creation and redemption of floor area ratio transfers will take place solely on a voluntary basis between consenting parties. Landowners are not required to create or convey floor area ratio transfers. However, floor area ratio transfers must be created, conveyed, or redeemed in accordance with this section to be recognized by the authority. (c) Land not eligible. Floor area ratio transfers shall not involve an existing public park or open space. 15-217-88 8577 §15-217-84 (d) Mandatory conjoined application. All requests to create, convey, and redeem floor area ratio transfer credits shall be accompanied by and occur in conjunction with the following: (1) A project agreement including any accompanying permit approval request including, but not limited to, an improvement permit, a development permit, conditional use permit, variance, and master plan permit; and (2) A proposal to create, convey, and redeem floor area ratio transfer credits shall be submitted to the executive director, and contain the following information: (A) Particular to sending site(s): (i) A cover letter identifying the landowner's name, mailing address, and contact information and briefly explaining what the landowner seeks to accomplish; (ii) A certificate of title demonstrating ownership of the proposed sending site(s) and receiving site; (iii) A draft covenant that provides the protections and restrictions on the proposed property consistent with section 15-217-84 (h); (iv) A baseline documentation report that establishes the current condition of the proposed sending site(s) and which contains, at a minimum: (1) general location map; (2) a legal description and sketch of parcel boundaries; and (3) documentation (such as maps, written summaries, and photographs) of existing conditions that relate to the proposed easement restrictions as well as the proposed rights to be retained by the landowner; and 15-217-89 §15-217-84 (v) An affidavit, signed by the landowner and preparer of the submittal, attesting to the accuracy of the information contained in the baseline documentation report; and (B) Particular to a receiving site. Plans, diagrams and supporting text that clearly identify and illustrate the location and extent of proposed floor area transfer credit. (e) Decision-maker. The authority shall review and act upon all applications for floor area ratio transfers to create, convey, and redeem floor area ratio transfer credits after receiving a recommendation from the executive director. (f) Findings. The authority must make the following findings of fact to approve an application to create, convey, and redeem floor area ratio transfer credits: (1) That the receiving site allows for additional floor area while complying with the building envelope requirements set forth in Figures BT.1 to BT.11, dated January 2024, made a part of this chapter, and attached at the end of this chapter, and building height requirements set forth in Figures NZ.1 to NZ.7, dated January 2024, made a part of this chapter, and attached at the end of this chapter; and (2) That the creation, conveyance, and redemption of floor area ratio transfer credits, as proposed or as modified by the authority, enables the subject lots to fulfill the development objectives of the mauka area plan and mauka area rules. (g) Limitations. The creation, conveyance and redemption of floor area ratio transfer credits shall be limited by the following parameters: (1) Floor area ratio transfer credits shall not be created or redeemed in conjunction with a variance approval to exceed any maximum building height, building footprint, or reduce any setback related to Figure 5 (view corridors), dated January 2024, made a part 15-217-90 §15-217-85 of this chapter, and attached at the end of this chapter; (2) No more than fifty per cent of the mauka area plan and mauka area rules maximum permitted floor area ratio shall be transferred from any sending site; provided, however, that contiguous lots may transfer one hundred per cent of the maximum permitted floor area ratio; and (3) Floor area ratio transfer credits shall be created and redeemed concurrently. No floor area ratio transfer credit may be reserved for future conveyance to a sending site. (h) Covenant running with the land required. To establish floor area ratio transfer credits, the sending site landowner must record a covenant running with the land over the sending site(s) consistent with this section. The covenant must meet the following criteria: (1) The covenant shall run with the land on the sending site(s); (2) The covenant shall restrict the floor area ratio of the sending site(s) to the ratio established by the transfer; and (3) The covenant shall name the authority as an intended beneficiary with the right to enforce such covenant. (i) Record keeping. The executive director will maintain a register of all floor area ratio transfer credits, both created and redeemed, pursuant to this section. On an annual basis, the executive director will update this register to reflect all known transfers and redemptions of floor area ratio transfer credits. [Eff 11/11/11; am and comp ,c., :.1:s ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-85 Completeness review. (a) Purpose. The purpose of the completeness review is to determine whether all required information is provided in a permit application. A completeness review shall not 15-217-91 3 5 7 7 - .. §15-217-85 constitute a decision as to whether or not an application complies with the provisions of the rules. (b) Applicability. This section applies to all applications for permits provided for in the rules. (c) Application materials. No application may be deemed complete unless all of the information required by forms published by the authority is included and all filing fees have been paid. The executive director shall ensure that application materials are made available in hardcopy format at the authority's office and electronically via the internet. (d) Jurisdiction. All applications shall be reviewed by the executive director for completeness. At the time of proposed filing and fee payment, the executive director may reject any application that omits information required by forms published by the authority. Once accepted for filing, the executive director's final determination on completeness of an application is appealable to the authority pursuant to section 15-217-88 (appeals). (e) Commencement of time limit for application decision. Whenever the rules establish a time period for processing an application, such time period does not commence until the executive director has issued a certificate of completeness. (f) Multiple permit approvals. When a proposed project requires more than one permit approval, the applicant shall apply for all such permit approvals concurrently. (g) Completeness review process: (1) The executive director shall provide a written determination on the completeness review within forty-five working days of receipt of the permit application. If a permit is deemed complete, the executive director shall issue a certificate of completeness. If the application is determined not to be complete, the executive director's determination shall specify those parts of the application that are incomplete and shall indicate how they can be made complete, including a list and thorough description of the specific information needed to complete the application; 15-217-92 c 5 7 7 • ◄ §15-217-85 (2) If the application requires review by any other local, state, or federal agency or entity, the executive director may require the written comments from such agency or entity prior deeming the application complete, and until such time that the executive director receives all such comments, the forty-five day period shall be tolled; (3) Upon receipt of any application that has been resubmitted, a new forty-five day period shall begin, during which period the executive director shall determine the completeness of the application; (4) If the applicant contests the executive director's determination of an incomplete application, the applicant may appeal the executive director's determination to the authority pursuant to section 15-217-88, (appeals). If the authority does not render a decision on the appeal within thirty working days after submittal of the requisite appeal form and filing fee, the application with the submitted materials shall be deemed complete for the purposes of this section; and (5) Nothing in this section precludes an applicant and the executive director from mutually agreeing to an extension of any time limit provided by this section. (h) Time limits. A certificate of completeness is deemed issued if the executive director fails to act within the time period required for completeness review. However, automatic approvals do not apply if an applicant submits an application for an incorrect permit type. In computing time periods of this section, the day upon which the application was submitted is not to be included. Further, the last day is to be included unless it is not a working day, in which event the period runs until the next working day. (i) Information requests. After the executive director issues a certificate of completeness or deemed as complete per section 15-217-85(c) (completeness review), the executive director or 15-217-93 §15-217-85 authority may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application, if such would be required by the decision-maker to render a final determination on the merits. [Eff 11/11/11; am and comp '.'-I, 2025 ) (Auth: HRS §§20 6E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-86 Automatic approvals. (a) The following permits shall be deemed approved and require no public hearing if a certificate of completeness has been issued, any applicable hearings have been held, and no decision is rendered within the review periods in the table below: Automatic Approvals Duration (1/2/24) Duration Permit Rule Conditional use of 90 calendar days §15-217-64 vacant land 60 calendar days §15-217-76 Zoning clearance 60 calendar days §15-217-77 Temporary use permit Rules clearance 60 calendar days §15-217-78 90 calendar days §15-217-79.5 Renovation permit 120 calendar days Improvement permit §15-217-80 180 calendar days §15-217-80 Development permit Conditional use 180 calendar days §15-217-81 permit 180 calendar days §15-217-82 Variance 200 calendar days Master Plan permit §15-217-83 15-217-94 §15-217-87 (b) The review period shall commence upon issuance of a certificate of completeness, as pursuant to section 15-217-85. (c) Whenever a proposed project requires more than one permit, the longest review period of section 15-217-86(a) shall apply for determining the deemed approved date. If one approval is required before proceeding with another approval, then the review periods will be added to one another. [Eff 11/11/11; am and comp 1:, ] (Auth: HRS §§206E-4, 206E-5, 206E-5.6, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-5. 6, 206E-7) §15-217-87 Approval validity period. (a) Rules clearance, renovation permits, and zoning clearance approvals shall have an effective approval period of one year. (b) Improvement permits, development permits, conditional use of vacant land, conditional use permits, and variance approvals shall have an effective approval period of two years, unless extended under these rules. (c) Master plan permits shall have an effective approval period of ten years, unless extended pursuant to section 15-217-83(9). (d) Prior to expiration, a written request to extend an improvement or development permit may be submitted with the applicable filing fee indicated in section 15-217-93. An improvement permit may be extended by the executive director for a period of up to one year. The executive director may issue up to two extensions for improvement permits. Development permits, or improvement permits for projects on lands owned by the authority may be extended by the authority for a period of up to one year. The authority may issue up to two extensions for development permits or improvement permits for projects on lands owned by the authority. (e) In computing the approval period, the day upon which the approval was granted is not to be included. Further, the last day is to be included unless it is not a working day, in which event the period runs until the next working day. 15-217-95 3 ~ t .... 7 7 §15-217-87 (f) A permit will not lapse if construction or installation of approved work has commenced. If construction has not commenced within the approval validity period (including extensions), a new permit will be required. [Eff 11/11/11; am and comp ,, Z025 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)