HAR §15-22-87. Lapse of base zone development permit

Any base zone development permit granted under the provisions of this chapter shall automatically lapse if the initial building permit authorizing the construction of the foundation or superstructure of the project has not been issued within two years from the date of granting the permit, or, if judicial proceedings to review the decision to make the grant is instituted, from the date of entry of the final order in such proceedings including all appeals. This time period may be extended for a period not to exceed two years, on the executive director's approval of the applicant's request and justification in writing for an extension, provided the request and justification are received by the executive director at least sixty days in advance of the automatic termination date of the development permit and there are no material changes in circumstances which may be cause for denial of the extension. [Eff 9/8/86, am and comp 1/28/88, comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-22-88 Modification of specific provisions for base zone development. As a part of the base zone development permit review process, the authority may modify plan and rule requirements for development lots of 20,000 square feet or more of land area provided a public hearing is held. Pursuant to §15-22-22, modifications may be granted only to the following: (1) View corridor setbacks; (2) Yards; (3) Loading spaces; (4) Parking; (5) Heights; and (6) Open space, as follows: UNOFFICIAL COMPILATION June 2005 22-77 (A) Obstructions overhead that enhance utilization and activity within open spaces or do not adversely affect the perception of open space; and (B) Height from sidewalk elevation of four feet may be exceeded at a maximum height-to-length of 1:12 if superior visual relief from building mass results. [Eff 1/25/97] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-22-89 to §15-22-109 (Reserved) UNOFFICIAL COMPILATION June 2005 22-78 SUBCHAPTER 4 PLANNED DEVELOPMENTS