HAR §15-22-8. Establishment and scope of controls

(a) In harmony with the purpose and intent of chapter 206E, HRS, these rules are established by the Hawaii community development authority for the mauka area of the Kakaako district controlling, regulating, and determining the area of lots; height of buildings; minimum yards and setbacks; required open spaces; the density of buildings; the location and amount of residential uses, commercial uses, industrial uses, public uses, and other appropriate uses; the location of buildings and other structures; requiring reserved housing units; requiring off-street parking and loading; requiring dedication of public facilities; architectural design; urban design; historic and cultural sites; circulation criteria; performance standards; and other appropriate regulations relating to land use, zoning, and planning for buildings and structures for all properties within the mauka area. (b) This chapter, together with the mauka area plan, shall govern all developments and use of properties within the mauka area. In case of any discrepancy between the provisions of this chapter and the mauka area plan, this chapter shall control. (c) No building permit shall be issued for any development within the mauka area unless the development conforms to the provisions of the mauka area plan and this chapter. UNOFFICIAL COMPILATION June 2005 22-11 (d) All developments, proposed developments, and properties within the mauka area shall be subject to all of the provisions of this chapter and the mauka area plan. This requirement shall apply notwithstanding the fact that at the effective date of this chapter, a city and county of Honolulu building permit has been applied for or has been issued for the developments, proposed developments, or properties; provided that such requirement shall not apply if a city and county of Honolulu building permit has been issued, substantial expenditures have been incurred, and substantial changes in the land have already occurred. Substantial changes in the land shall be evidenced by substantial excavations for foundations. (e) No public improvement or project within the mauka area shall be initiated or adopted unless it conforms to and implements the mauka area plan and this chapter. (f) Except as otherwise specifically provided, the provisions of this chapter shall supersede the provisions of the city and county of Honolulu's development plan (Ordinance No. 81-79, as amended by Ordinance No. 85-46), the provisions of the Kakaako special design district ordinance, and the provisions of the land use ordinance as they all shall relate to properties within the mauka area. The foregoing ordinances are hereby declared to be inconsistent with this chapter, and shall therefore be inapplicable to developments within the mauka area unless otherwise specifically stated. (g) Except as otherwise specifically stated in this chapter, all other rules, laws, and ordinances shall continue to remain applicable to the developments and properties within the mauka area. (h) All agencies of the city and state governments shall perform their duties, functions, and powers which affect the mauka area in accordance with the provisions of the mauka area plan and this chapter. (i) Project plans that have been approved as to project eligibility shall not be required to comply with the provisions of this chapter or the mauka area plan that have been amended subsequent to said approval and prior to construction. However, construction not in compliance with said amended provisions shall be regarded as nonconforming for the purposes of this chapter. [Eff 9/8/86, am and comp 1/28/88, am and comp 2/24/90] (Auth: HRS §§206E-1, 206E-4, 206E-5, 206E-7, 206E-13, 206E-33) (Imp: HRS §§206E-1, 206E-4, 206E-5, 206E-7, 206E-13, 206E-33) UNOFFICIAL COMPILATION June 2005 22-12 Historical note: §15-22-8 is based substantially upon §15-17-9. [Eff 2/27/82; am 1/21/83; R 9/8/86]