HAR §15-23-82.1. (c) Decision-maker

Conditional use permits and amendments to conditional use permits shall be subject to authority review and action. (d) Findings. Approval of a conditional use permit shall require all the following findings of fact: (1) The use is allowed within the applicable zone and complies with all other applicable provisions of the rules; (2) The use will conform to the makai area plan; (3) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future uses in the vicinity; (4) The site is physically suitable for the type, and density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and (5) Granting the permit would not be detrimental to the public health, safety, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. (e) Conditions. In approving any conditional use permit, the authority may impose such reasonable standards, conditions, or requirements, in addition to or that supersede any standard specified in the rules, as it may deem necessary to protect the public welfare and in order to ensure the approval will comply with the findings of section 15-23-82.1(d). Such additional standards, conditions, or requirements may include, but is not limited to: (1) Financing and availability of adequate public facilities or services; (2) Dedication of land; (3) Reservation of land; (4) Payment of impact fees; (5) Creation of special assessment districts; (6) Creation of restrictive covenants or easements; (7) Special setbacks; (8) Yard requirements; (9) Increased screening or landscaping requirements; (10) Area requirements; 15-23-67 3529 §15-23-82.1 (11) Development phasing; (12) Standards pertaining to traffic, circulation, noise, lighting, hours of operation, protection of environmentally sensitive areas, and similar characteristics; (13) Provision of sustainable features, solar or other renewable energy source, rain water capture, storage and treatment, or other feature; or (14) Require that a performance guarantee - acceptable in form, content, and amount to the authority be posted by the applicant to ensure continued compliance with all conditions and requirements as may be specified. (f) Initiation. A developer may apply for a conditional use permit by filing an application with the executive director. (g) Action. The executive director shall process all conditional permit applications consistent with this section after receipt of a complete application and payment of the requisite fee. [Eff ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)