Haw. Code R. § 15-217-27 - Parks and open space plan

(a) The mauka area rules parks and open space plan (hereafter referred to as the "Parks and Open Space Plan"), modifies or maintains the underlying standards of any applicable neighborhood zone, building type, frontage type or land use, as provided for in this section.

(b) Each park and open space shall be designed as described in Figure 1.11 (civic space), dated September 2011, made a part of this chapter, and attached at the end of this chapter.

(c) Any improvement project performed on any park or open space shall require the executive director's approval of a rules clearance pursuant to section 15-217-79 (rules clearance), without public hearing, when in compliance with all standards of this chapter.

(d) Overlay provisions. The following standards apply to the parks and open space plan:

(1) Neighborhood zone standards. Parks and open space areas are indicated on Figure 1.5 (parks and open space plan), dated September 2011, made a part of this chapter, and attached at the end of this chapter. These areas shall be retained as open space or parks as indicated. Any building in these areas shall be located according to the building placement indicated on Figures NZ.1 to NZ.7, dated September 2 011, made a part of this chapter, and attached at the end of this chapter;

(2) Building type standards. A lot or portion of a lot designated parks and open space on the parks and open space plan shall only accommodate civic, institutional, or community-related buildings that are subordinate to and serve the open space or parks areas only;

(3) Frontage type standards. A lot or portion of a lot designated parks and open space on the parks and open space plan is not required to include any of the permitted frontage types indicated in the rules, however, these areas may include any of the permitted frontage types on buildings that are subordinate to and serve the open space or parks areas;

(4) Land use:

(A) Permissible land uses within a lot or portion of a lot designated parks and open space on the parks and open space plan shall be limited to the following classifications:

(i) Assembly;

(ii) Cultural facilities;

(iii) Park and recreation;

(iv) Government facilities;

(v) Educational facilities;

(vi) Outdoor recreation;

(vii) Indoor recreation; and

(viii) Theater; and

(B) Permissible land uses within a lot or portion of a lot designated parks and open space on Figure 1.5 (parks and open space plan), dated September 2011, made a part of this chapter, and attached at the end of this chapter, shall be limited to the following classifications:

(i) Continuance of a legal conforming land use, if present at the time of the rules effective date;

(ii) Any land use classification provided for the applicable neighborhood zone; or

(iii) When acquired by the authority and redeveloped into a civic space consistent with Figure 1.11 (civic space), dated September 2011, made a part of this chapter, and attached at the end of this chapter, or prior to such redevelopment, any of those uses provided by section 15-217-27(d) (4) (A) (parks and open space plan); and

(5) Subchapter 4 (area wide standards). All provisions of subchapter 4 shall apply to parks and open space on Figure 1.5 (parks and open space plan), dated September 2011, made a part of this chapter, and attached at the end of this chapter.

Notes

Haw. Code R. § 15-217-27

[Eff NOV 11 2011 ] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)