Haw. Code R. § 15-217-79 - Rules clearance

(a) Applicability. Any uses, structures, and activities identified by section 15-217-79(b) below on a lot size of 20,000 square feet or less shall be issued a rules clearance from the rules when they are in compliance with the setback requirements, height limits, and all other applicable standards of subchapter 2 (regulating plan and neighborhood zones), subchapter 3 (thoroughfare plan and standards), subchapter 4 (area-wide standards) and, where applicable, those relating to section 15-217-91 (nonconformities);

(b) Qualifying land uses, structures and activities. The following are eligible for issuance of a rules clearance when in compliance with section 15-217-79(a) above:

(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 15-217-55(e) (architectural design);

(3) Interior alterations or change in use. Interior alterations or change in use that do not increase the gross floor area 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 subchapter 4 (area-wide standards), dated September 2011, made a part of this chapter, and attached at the end of this chapter, 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 pursuant to Figure 1.11 (civic space), dated September 2011, made a part of this chapter, and attached at the end of this chapter; and

(8) Any public utility project.

(c) Action. In accordance with Figure 1.1 (approval requirements matrix), dated September 2011, 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. § 15-217-79

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