Haw. Code R. § 15-217-81 - Conditional use permit

(a) Purpose. This section provides for certain uses that, because of unique characteristics or potential impacts on adjacent land uses, may be authorized only under appropriate standards and factors set forth in the rules. No inherent right exists to receive a conditional use permit. Such authorization must be approved under a specific set of circumstances and conditions. Each application and situation is unique. Every conditional use permit application or amendment shall at a minimum be required to comply with every requirement contained in each subchapter of the rules. Mere compliance with the generally applicable requirements however may not be sufficient, and additional measures and conditions may be necessary to mitigate the impact of the proposed development.

(b) Applicability. All uses identified by "CU" in Figure 1.9 (land use), dated September 2011, made a part of this chapter, and attached at the end of this chapter, shall require conditional use permit approval.

(c) Decision-maker. Conditional use permits shall be subject to the authority review and action pursuant to Figure 1.1 (approval requirements matrix), dated September 2011, made a part of this chapter, and attached at the end of this chapter.

(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 mauka 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, 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 15-217-81(d) (conditional use permit). Such additional standards, conditions or requirements may include, but need not be limited to:

(1) Financing and availability of adequate public facilities or services;

(2) Dedication of land;

(3) Reservation of land;

(4) Payment of exactions;

(5) Impact fees;

(6) Creation of special assessment districts;

(7) Creation of restrictive covenants or easements;

(8) Special setbacks;

(9) Yard requirements;

(10) Increased screening or landscaping requirements;

(11) Area requirements;

(12) Development phasing;

(13) Standards pertaining to traffic, circulation, noise, lighting, hours of operation, protection of environmentally sensitive areas, and similar characteristics;

(14) Provision of sustainable features, solar or other renewable energy source, rain water capture, storage and treatment or other sustainability requirement in section 15-217-59 (green building); or

(15) 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.

Notes

Haw. Code R. § 15-217-81

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