HAR §15-23-79. 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; §15-23-79 23-64 (4) The development conforms to the setback and landscape 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 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 district. Conditional use of vacant land permits already issued under this section 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 uses in no way prevents or delays the future development of the property. [Eff 2/24/90; am and comp 10/10/98; comp 2/2/02; comp 12/9/02; am and comp 11/3/05] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-23-80 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. The maximum building height and density shall be calculated on the basis of the combined land area of all lots being included in the joint development project. Should joint development involve mauka area and makai area lots, floor area and uses permissible in the mauka area shall not be transferred to the makai area. §15-23-81 23-65 (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 or to the executive director, as the case may be. (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, as the case may be. The agreement shall be subject to the approval of the authority or executive director, as the case may be. (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 makai area plan, the request may be approved. Upon approval, the agreement, which shall be part 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 2/24/90; am and comp 10/10/98; comp 2/2/02; comp 12/9/02; comp 11/3/05] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)