HAR §15-23-8. 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 makai 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, recreational uses, waterfront industrial uses, public uses, and other appropriate uses; the location of buildings and other structures; off-street loading requirements; payment of public facilities fee requirements; architectural design; urban design; historic and cultural sites; circulation criteria; environmental standards; and other appropriate regulations relating to land use, zoning, and planning for buildings and structures for §15-23-8 23-15 all properties within the makai area of the Kakaako district. (b) This chapter, together with the makai area plan of the Kakaako District, shall govern all developments and use of properties within the makai area. In case of any discrepancy between the provisions of this chapter and the makai area plan, this chapter shall control. (c) No building permit shall be issued for any development within the makai area unless the development conforms to the provisions of the makai area plan and this chapter. (d) All developments, proposed developments, and properties within the makai area shall be subject to all of the provisions of this chapter and the makai 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 makai area shall be initiated or adopted unless it conforms to and implements the makai 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), the provisions of the Kakaako special design district ordinance (Ordinance No. 80-58, as amended), the provisions of the Hawaii Capitol District Ordinance (Article 7, land use ordinance), and the provisions of the land use ordinance (Ordinance No. 86-96, as amended) as they all shall relate to properties within the Kakaako district. The foregoing ordinances are hereby declared to be inconsistent with this chapter, §15-23-8 23-16 and shall therefore be inapplicable to developments within the district 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 Kakaako district. (h) All agencies of the city and state governments shall perform their duties, functions, and powers which affect the Kakaako district in accordance with the provisions of the Kakaako plans 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 makai 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 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-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)