Haw. Code R. § 19-170-128 - Conditions for modification

(a) In order for the corporation to consider modification of the zoning requirements listed in section 19-170-127, 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) he resulting development will be consistent with the intent of the Aloha Tower project area plan.

(b) The corporation shall specify the particular evidence which supports the granting of a modification and may impose reasonable conditions in granting a modification.

(c) The application for modification shall be accompanied by a fee of $200 plus the cost of publication of notice to defray the expenses of holding a hearing. The cost of the hearing notice shall be refunded only if the public hearing notice has not been submitted to the publishing agency.

Notes

Haw. Code R. § 19-170-128

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