HAR §15-22-78. Temporary uses

Temporary structures, such as tents and booths, may be permitted in any zone for periods not exceeding fourteen days, provided that for good reasons, the executive director may grant extensions for an additional fourteen days. [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-78 is based substantially upon §15-17-145. [Eff 2/27/82; am 1/21/83; R 9/8/86] §15-22-79 Conditional use of vacant land. The executive director may allow a conditional use of vacant land, provided: (1) the proposed use is any use permitted within the land use zone except: (A) that open or uncovered temporary parking at grade may be permitted in all land use zones, and (B) construction sites, special trade construction and storage yards, and nonextensive yard uses may be permitted in all land use zones where a six-foot screening wall or fence is erected along all public rights-of-way. (2) the duration of the use is for a two-year period, provided that the executive director may issue extensions of up to two years if the development status of the area has not changed appreciably since the use was initially allowed; (3) the floor area of any proposed temporary structure does not exceed 0.5 floor area ratio; (4) the development conforms to the setback and landscaping requirements of this chapter, except for development lots where a screening wall or fence not exceeding six feet in height is erected along all public rights-of-way; (5) the development conforms to the performance standards of this chapter; (6) in addition to the design controls listed in this UNOFFICIAL COMPILATION June 2005 22-68 section, the executive director may include additional conditions in the permit to ensure that the development does not adversely affect adjacent property and the appearance of the mauka area. Conditional use of vacant land permits already issued under this rule may be modified by the executive director at any time in response to valid public concern/complaint, to contain additional conditions for mitigation; and (7) the proposed use in no way prevents or delays the future development of the property. [Eff 9/8/86, comp 1/28/88, am 12/10/88, am 1/29/90, am and comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-79 is based substantially upon §15-17-153. [Eff 1/21/83; am 5/31/84; R 9/8/86] §15-22-80 Joint development of two or more adjacent zoning lots. (a) Whenever two or more lots are developed in accordance with the provisions of this section, they shall be considered and treated as one "development lot" for purposes of this chapter. (b) Owners, duly authorized agents of the owners, or duly authorized lessees, holding leases with a minimum of thirty years remaining in their terms, of adjacent lots, or lots directly facing each other but separated by a street, may apply for permission to undertake such a joint development to the authority in the case of a planned development or to the executive director in the case of a base zone development permit. (c) In applying for such permission, the landowners, duly authorized agents of the owners, or lessees shall submit an agreement which binds themselves and their successors in title, or lease individually and collectively, to maintain the pattern of development proposed in such a way that there will be conformity with applicable zoning rules. The right to enforce the agreement shall also be granted to the authority or executive director. The agreement shall be subject to the approval of the authority or executive director. (d) If it is found that the area involved is compact, regular or logical, and that the proposed agreement assures future protection of the public interest and is consistent with the intent of the mauka area plan, the request may be approved. Upon approval, the agreement, which shall be part UNOFFICIAL COMPILATION June 2005 22-69 of the conditions of development, shall be filed as a covenant running with the land with the bureau of conveyances or the assistant registrar of the land court. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-80 is based substantially upon §15-17-141. [Eff 2/27/82; am 5/31/84; R 9/8/86] §15-22-81 Transfer of uses. (a) Land uses and reserved housing units required by the mixed-use zone or planned development provisions of this chapter may be transferred from one development lot to one or more adjoining development lots within the mauka area provided that: (1) The development lots are under the same ownership; (2) The development lot to which the land use or reserved housing units are transferred shall not exceed its total allowable FAR with the transferred land use and reserved housing units included; (3) The transferred use shall be permitted within the land use zone to which it is transferred; (4) Construction shall commence on the development lot to which the land use or reserved housing units are transferred within two years after the development is completed on the development lot from which the use or reserved housing units were transferred, provided that the executive director or authority may grant extensions if the developer can demonstrate that the objectives of this chapter will be satisfied without commencing construction within two years; (5) The transferred floor area or reserved housing units shall be provided on the development lots involved in the transfer until such time that all the developments are demolished; and (6) Development of the development lot to which the land use or reserved housing units are transferred, except alterations to nonconforming structures and conditional use of vacant land, shall provide the total floor area of the transferred use or reserved housing units. (b) The authority shall obtain written assurance from the landowner that the requirements of this section will be UNOFFICIAL COMPILATION June 2005 22-70 satisfied and such assurance shall be binding upon the landowner and the landowner's heirs or successors in interest and shall be filed as a covenant running with the land in the bureau of conveyances or in the office of the assistant registrar of the land court. (c) Failure to satisfy the requirements of this section shall be cause for denial of any development permit for the lots involved in the transfer. (d) The authority, in the case of planned developments, or the executive director, in the case of base zone developments, may approve the transfer of land uses and reserved housing units between a site designated as a public facility site and any appropriate site in the mauka area, provided that the requirements of subsection (a), paragraphs (a)(1), (a)(2) and (a)(3) of this section are satisfied and the landowner provides written assurance that said requirements are satisfied and such assurance shall be binding upon the landowner and the landowner's heirs or successors in interest and shall be filed as a covenant running with the land in the bureau of conveyances or in the office of the assistant registrar of the land court. A public facility site as used in this subsection is shown as a "P" or "PUBLIC" site on the Land Use Plan or a "Park/Parking Garage" site in the Open Space and Recreation Plan, of the mauka area plan. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 6/13/05] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-81 is based substantially upon §15-17-147 [Eff 2/27/82; R 9/8/86] and §15-17-213 [Eff 10/10/83; R 9/8/86] §15-22-82 Flood hazard district. The applicable provisions of Article 7 of the land use ordinance relating to flood hazard districts shall apply to all affected activities and properties within the mauka area. [Eff 9/8/86, am and comp 1/28/88, am and comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-82 is based substantially upon §15-17-151. [Eff 2/27/82; R 9/8/86] UNOFFICIAL COMPILATION June 2005 22-71