Haw. Code R. § 15-215-77 - Rules clearance

(a) Applicability. Any uses, structures, and activities identified by section 15-215-77(b) below on a lot 40,000 square feet or less shall be issued a rules clearance approval when they are in compliance with the setback requirements, height limits, and all other applicable standards of the Kalaeloa CDD rules.

(b) Qualifying land uses, structures and activities. The following are eligible for issuance of a rules clearance:

(1) Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit;

(2) Fences and walls in compliance with height and location requirements in section 15-215-43 (architectural standards);

(3) Interior alterations. Interior alterations that do not increase the gross floor area of the structure, or change the permitted use of the structure;

(4) Repairs and maintenance:

(A) Single-family dwellings. Ordinary nonstructural repairs to, and maintenance of, single-family-dwellings; or

(B) Multi-family residential and nonresidential structures. Ordinary nonstructural repairs to, and maintenance of multi-family residential and nonresidential structures, if:

(i) The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and

(ii) Any exterior repairs employing the same materials and design as the original construction;

(5) Small, portable residential accessory structures. A single portable structure of one hundred twenty square feet or less per lot or unit, including pre-manufactured storage sheds and other small structures that are exempt from having to obtain a building permit from the city and county of Honolulu and in compliance with the applicable building code. Additional structures may be approved in compliance with section 15-215-43 (architectural standards), where allowed by the applicable zone;

(6) Spas, hot tubs, and fish ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not exceed one hundred twenty square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed two feet in depth;

(7) Open space and parks. Any improvement project over, upon, under or across any open space or park; and

(8) Any public project.

(c) Action. In accordance with Figure 1.1 (approval requirements matrix), dated September 2012, made a part of this chapter, and attached at the end of this chapter, the executive director shall approve all rules clearance applications consistent with this section after receipt of a complete application and payment of the requisite fee.

Notes

Haw. Code R. § 15-215-77

[Eff OCT 27 2012] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)