Haw. Code R. § 15-220-58 - Conditional use permit
(a) No inherent
right exists to receive a conditional use permit. Every conditional use permit
application shall, at a minimum, comply with every requirement contained in
these 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 project.
(b) Applicability. Uses are as designated in
Figure 3 (allowable uses), dated ______, made a part of this chapter, and
attached at the end of this chapter.
(c) Decision-maker. Conditional use permits
are subject to authority review and action pursuant to Figure 1 (approval
requirements), dated ________, 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 land use zone and complies with all other applicable provisions of
the rules;
(2) The use will conform
to the Heeia MP;
(3) The design,
location, size, and operating characteristics of the proposed use are
compatible with manao hooko (intent) of the district;
(4) The site is physically suitable for the
type 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 be materially
injurious to persons, lots, or to the district.
(e) Conditions. In approving any conditional
use permit, the authority may impose such reasonable standards, conditions, or
requirements, as it may deem necessary to protect the public welfare and in
order to ensure the approval will comply with the findings of this section.
Such additional standards, conditions or requirements may include, but are not
limited to:
(1) Limitations on operations and
use;
(2) Area requirements;
and
(3) Standards pertaining to
circulation, noise, hours of operation, protection of environmentally sensitive
areas, and similar characteristics.
Notes
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