Haw. Code R. § 15-23-79 - Conditional use of vacant land

Current through February, 2022

The executive director may allow a conditional use of vacant land, provided:

(1) The proposed use is any use permitted within the land use zone except:
(A) That open or uncovered temporary parking at grade may be permitted in all land use zones; and
(B) Construction sites, special trade construction and storage yards, and nonextensive yard uses may be permitted in all land use zones where a six-foot screening wall or fence is erected along all public rights-of-way;
(2) The duration of the use is for a two-year period, provided that the executive director may issue extensions of up to two years if the development status of the area has not changed appreciably since the use was initially allowed;
(3) The floor area of any proposed temporary structure does not exceed 0.5 floor area ratio;
(4) The development conforms to the setback and landscape requirements of this chapter, except for development lots where a screening wall or fence not exceeding six feet in height is erected along all public rights-of-way;
(5) The development conforms to the performance standards of this chapter;
(6) In addition to the design controls listed in this section, the executive director may include additional conditions in the permit to ensure that the development does not adversely affect adjacent property and the appearance of the district. Conditional use of vacant land permits already issued under this section may be modified by the executive director at any time in response to valid public concern/complaint, to contain additional conditions for mitigation; and
(7) The proposed uses in no way prevents or delays the future development of the property.


Haw. Code R. § 15-23-79
[Eff 2/24/90; am and comp 10/10/98; comp 2/2/02; comp 12/9/02; am and comp 11/3/05] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)

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