Haw. Code R. § 15-23-89 - Conditions for modification

Current through February, 2022

(a) In order for the authority to consider modification of the zoning requirements listed in section 15-23-88, the applicant must demonstrate that:
(1) The modification would provide flexibility and result in a development that is practically and aesthetically superior to that which could be accomplished with the rigid enforcement of this chapter;
(2) The modification would not adversely affect adjacent developments or uses; and
(3) The resulting development will be consistent with the intent of the makai area plan.
(b) The authority shall specify the particular evidence which supports the granting of a modification and may impose reasonable conditions in granting a modification.


Haw. Code R. § 15-23-89
[Eff 10/10/98; comp 2/2/02; comp 12/9/02; § 15-23-88; am, ren, 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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