Haw. Code R. § 19-170-122 - Conditional use of vacant land

The executive officer, in his sole discretion, 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 non-extensive 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 officer may issue additional extensions of up to two years each 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 officer may include additional conditions in the permit to ensure that the development does not adversely affect adjacent facility and the appearance of the district. Conditional use of vacant land permits issued under this rule may be modified by the executive officer 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 facility.

Notes

Haw. Code R. § 19-170-122

[Eff MAY 5 2013] (Auth: HRS §§ 206J-5, 206J-7) (Imp: HRS §§ 206J-1, 206J-5, 206J-6)