HAR §15-23-88. Modification of specific provisions

As a part of the development permit review process, the authority may modify plan and rule requirements provided a public hearing is held. Except as otherwise specifically provided, modifications may be granted only to the following: (1) Building envelope requirements; (2) Yards; (3) Loading space; (4) Parking; (5) Number of reserved housing units and the cash-in-lieu of providing reserved housing units; and (6) Open space, as follows: (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 10/10/98; comp 2/2/02; §15-23-138 23-75 comp 12/9/02; §15-23-87; am, ren, and comp 11/3/05] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)