Haw. Code R. § 15-23-80 - Joint development of two or more adjacent zoning lots
(a) Whenever two or more lots are developed
in accordance with the provisions of this section, they shall be considered and
treated as one "development lot" for purposes of this chapter. The maximum
building height and density shall be calculated on the basis of the combined
land area of all lots being included in the joint development project. Should
joint development involve mauka area and makai area lots, floor area and uses
permissible in the mauka area shall not be transferred to the makai
area.
(b) Owners, duly authorized
agents of the owners, or duly authorized lessees, holding leases with a minimum
of thirty years remaining in their terms, of adjacent lots, or lots directly
facing each other but separated by a street, may apply for permission to
undertake such a joint development to the authority or to the executive
director, as the case may be.
(c)
In applying for such permission, the landowners, duly authorized agents of the
owners, or lessees shall submit an agreement which binds themselves and their
successors in title, or lease individually and collectively, to maintain the
pattern of development proposed in such a way that there will be conformity
with applicable zoning rules. The right to enforce the agreement shall also be
granted to the authority or executive director, as the case may be. The
agreement shall be subject to the approval of the authority or executive
director, as the case may be.
(d)
If it is found that the area involved is compact, regular or logical, and that
the proposed agreement assures future protection of the public interest and is
consistent with the intent of the makai area plan, the request may be approved.
Upon approval, the agreement, which shall be part of the conditions of
development, shall be filed as a covenant running with the land with the bureau
of conveyances or the assistant registrar of the land court.
Notes
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