(a)   No permit required by this chapter shall be granted or application accepted for any use, structure, or project on any zoning lot in conflict with a proposed zone change, including the establishment of or an amendment to any special district, between the time the proposal is initiated by the director or the council and the time the proposal is withdrawn, approved, or denied by the council. This provision shall not apply for a period of more than one year after the date of initiation of the proposal.

(b)   If a permit required by this chapter requires a public hearing, no request for postponement of the hearing shall be allowed after notice has been published; however, the applicant may withdraw the permit application.

(c)   In the event a permit required by this chapter is denied, or in the event the applicant withdraws the permit application, one year shall elapse before the permit application is resubmitted in the same or substantially the same form; provided that if the denial or withdrawal was the result of infrastructure inadequacies and these inadequacies are subsequently corrected, then the director may accept a new application before the lapse of the one-year period.

(d)   The director shall notify an applicant in writing whether an application for a permit required by this chapter is complete or incomplete within 10 working days after its receipt by the director. If the application is incomplete the notice shall inform the applicant of the specific requirements necessary to complete the application. An application shall not be accepted by the director unless it is complete.

(e)   Applications previously approved by ordinance shall continue to be regulated by that ordinance, except that:

(1)   The director may administratively modify cluster housing and planned development-housing projects that were originally approved by ordinance; and

(2)   All modifications shall be processed in accordance with current site design standards and application procedures.

(f)   Applications previously approved, other than by an ordinance, shall continue as approved; provided that any reference to an approving body shall be construed as the approving body contained in the applicable regulation of this chapter.

(g)   Nothing contained in this chapter prevents the strengthening or restoration to a safe condition of any building, or any part of any building, declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(h)   The department monitors compliance with and enforces this chapter only. Accordingly, the issuance of a permit pursuant to this chapter does not constitute the department’s confirmation that the applicant has complied with any other applicable laws.

(i)   In addition to the requirements stated in this chapter for the issuance of any permit, it shall be the responsibility of the applicant to observe and comply with all other applicable federal, State, and city laws, ordinances, and rules.

(j)   All references in this chapter to a government agency or department means the government agency or department specifically identified or its successor.

(k)   (1)   Except as otherwise provided herein, the director may administratively authorize minor alterations, additions, or modifications to any approved permit required by this chapter; provided that the minor modification request:

(A)   Is reasonable and consistent with the intent of the respective permit;

(B)   Does not significantly increase the intensity or scope of the use; and

(C)   Does not create adverse land use impacts to the surrounding neighborhood.

(2)   Subdivision (1) does not apply to:

(A)   Zone changes; and

(B)   Council approvals pursuant to §§ 21-2.110-2 (Planned development) and 21-2.120 et seq. (Plan review uses), except to the extent that minor modifications are permitted by the express language of the council’s approving resolution.

(3)   Major alterations, additions, or modifications, and other alterations, additions, or modifications excepted by subdivision (2), will be processed under the provisions for the applicable permit or approval.

(a)   The application procedures specified in this section shall be followed in the administration of this chapter. As used in this section, “applicant” includes but is not limited to any governmental agency or entity.

(b)   Application fees are not refundable and shall be required as specified in Chapter 6, Article 41.

(c)   See Figure 21-2.1 for permit application processing.

(a)   Specific permits. The minor permit category consists of the following permits and approvals:

(1)   Zoning adjustment;

(2)   Waiver;

(3)   Existing use permit;

(4)   Conditional use permit (minor); and

(5)   Special district permit (minor).

(1)   Communication tower or communication support structure in the P-2, AG-1, or AG-2 zoning districts;

(2)   Small or medium meeting facility;

(3)   Child or adult daycare;

(4)   K-12 school; or

(5)   Minor hotel with up to 180 dwelling or lodging units, or both, in the BMX-3 zoning district;

(A)   The neighborhood board or community association fails to provide the applicant with an opportunity to present the project at a meeting held within 60 days after the date of the written request; or

(B)   The neighborhood board or community association provides the applicant with written notice that it has no objection to the project or that no presentation of the project is necessary.

(1)   Approve the application as submitted;

(2)   Approve the application with modifications or conditions, or both; or

(3)   Deny the application and provide the applicant with a written explanation for the denial;

(a)   Specific permits. The major permit category consists of the following permits and approvals:

(1)   Zone change;

(2)   Establishment of or amendment to special districts;

(3)   Plan review use;

(4)   Conditional use permit (major);

(5)   Special district permit (major);

(6)   Planned development-housing; and

(7)   Downtown heights in excess of 350 feet.

(b)   Preapplication procedures.

(1)   Before the applicant submits an application for a major permit, the department will hold a preapplication meeting with the applicant to conduct an informal review of the project, unless such a meeting is determined to be unnecessary. A project manager may be assigned by the department, and potential issues shall be discussed with the applicant.

(2)   Before submitting an application for a major permit, the applicant shall first present the project to the neighborhood board of the district where the project will be located or, if no neighborhood board exists, an appropriate community association. The applicant shall provide written notice of the presentation to owners of all properties adjoining the proposed project. The requirements of this subdivision shall be deemed satisfied if the applicant makes a written request to present the project to the neighborhood board or community association and:

(A)   The neighborhood board or community association fails to provide the applicant with an opportunity to present the project at a meeting held within 60 days after the date of the written request; or

(B)   The neighborhood board or community association provides the applicant with written notice that it has no objection to the project or that no presentation of the project is necessary.

(c)   Application and processing.

(1)   An applicant for a major permit shall submit the appropriate application to the department for processing. If the applicant has presented the project to the appropriate neighborhood board or community association pursuant to subsection (b)(2), the application shall be accompanied by a description of all issues or causes of concern relating to the proposed project that were identified during the presentation and a statement describing any measures taken by the applicant to mitigate the issues or concerns.

(2)   An applicant for a major permit that does not require the approval of the council shall be required to erect a “notice of pending permit” sign on the affected lots, subject to the following:

(A)   The sign shall be 9 square feet in area;

(B)   One sign shall be posted along each street frontage of the lot, may be posted in a required yard, and shall not be obstructed from view by the general public;

(C)   The sign shall contain the following:

(i)   The words “Notice of pending land use permit application for (the name of the permit type)”;

(ii)   A summary description of the nature of the request covered by the application;

(iii)   The name of the applicant or agent, and the address and phone number where the applicant or agent may be contacted; and

(iv)   The date, time, and place of the public hearing to be held by the director;

(D)   The sign shall be erected no less than 14 days before the public hearing date, and shall be removed no more than seven days after the public hearing has been closed;

(E)   Failure to comply with the requirements of this subdivision may result in the denial of the affected permit application; and

(F)   The sign shall be considered and treated as a “public sign” as provided under § 21-7.20.

(3)   An applicant for a major permit shall make a good faith effort to notify all owners of property within 300 feet of the affected property’s boundaries of the applicant’s proposed use of the property as follows.

(A)   The notification shall be sent within 10 working days after the director’s acceptance of a completed application.

(B)   The notification shall be sent by regular mail.

(C)   The department shall make available to the applicant a list of all properties and owners located within 300 feet of the affected property.

(D)   The applicant shall submit an affidavit confirming that the notification requirements have been met.

(E)   The notification may be made to the respective homeowners board or association of an affected condominium property regime or cooperative housing corporation in lieu of individual owners.

(4)   The director shall submit a written request for comments and recommendations on the application to pertinent governmental agencies. The agencies shall submit their comments and recommendations in writing to the director within 45 days after receipt of the request.

(5)   If the application is for a special district permit (major) or any major permit regarding downtown heights in excess of 350 feet, the director shall submit the application to the design advisory committee for comment and review. The design advisory committee shall submit its comments and recommendations in writing to the director within 45 days after its receipt of the application.

(6)   If the application is for any major permit that does not require the approval of the council, the director shall hold a public hearing no earlier than 45 days after the director’s acceptance of the completed application. Within 90 days after the director’s acceptance of the completed application, the director shall either:

(A)   Approve the application as submitted;

(B)   Approve the application with modifications or conditions, or both; or

(C)   Deny the application and provide the applicant with a written explanation for the denial.

(7)   If the application is for a plan review use, the director shall, within 90 days after the director’s acceptance of a completed application, submit a report to the council, which shall process the application according to § 21-2.70. Provided that if an applicant substantially amends an application after acceptance by the director, the director shall have up to 90 days after the date of the amendment to act on the application as provided in this subsection.

(8)   If the application is for either:

(A)   The establishment of or amendment to a special district; or

(B)   A zone change;

(i)   deny the application and provide the applicant with a written explanation for the denial; or (ii) submit a report and a proposed ordinance to the planning commission, which shall process the application according to § 21-2.70. If, however, an applicant substantially amends an application after acceptance by the director, the director shall have up to 90 days after the date of such amendment to act on the application as provided in this subsection.

(d)   Exception when special management area use permit required. When an application for a major permit requires a special management area use permit, the director may extend the deadlines for acting on the application imposed by this section; provided that any extension shall not extend beyond 10 days after the council has acted on the special management area use permit.

(a)   The applicant shall submit a one-stop permit application package (OSP) to the director for processing. The OSP shall consist of:

(1)   A completed OSP master application form;

(2)   All information required for the individual permits or approvals that the applicant is seeking; and

(3)   Other information as may be required by the director.

(b)   Upon acceptance of the completed OSP, the director shall designate a project manager from within the department to coordinate the review and processing of the individual permit or approval applications comprising the OSP. The project manager shall act as the primary contact person between the director and the applicant concerning the proposed project.

(c)   The individual permit or approval applications that comprise the OSP must comply with and shall be processed by the department in accordance with all applicable requirements of this chapter, subject to subsection (d).

(d)   The department will process the OSP within the time provided in this article for the individual permit or approval application contained in the OSP that has the longest processing time.

(e)   In the event the OSP contains:

(1)   One or more permit or approval applications that require council approval; and

(2)   One or more permit or approval applications that require only the director’s approval;

(a)   Subject to subsections (b) and (c), the director may, in accordance with HRS Chapter 91, adopt rules having the force and effect of law providing that if the director fails to act on applications for a minor permit; a major permit requiring only the director’s approval; or those portions of a one-stop permit application package (OSP) that require only the director’s approval, within the time periods specified in §§ 21-2.40-1(c), 21-2.40-2(c)(6) and (d), and 21-2.50(d), respectively, the applicable permit requiring only the director’s approval shall be deemed approved to the extent that the proposal complies with all applicable laws, regulations, and rules, subject to the following conditions.

(1)   The use or development authorized by the permit shall be in general conformance with the project, as shown on plans or drawings, on file with the department, which shall be deemed the approved plans for the project. Any modification to the project or plans shall be subject to the prior review and approval of the director. Major modifications shall require a new permit.

(2)   Approval of the permit does not constitute compliance with any other land use ordinance or other governmental requirements, including but limited to building permit approval, which are subject to separate review and approval. The applicant shall be responsible for insuring that the plans for the project approved under the permit comply with all applicable land use ordinance and other governmental provisions and requirements.

(3)   The director may impose additional conditions, modify existing conditions, or delete conditions deemed satisfied, upon a finding that circumstances related to the approved project have significantly changed so as to warrant a modification to the conditions of the approval.

(4)   In the event of the noncompliance with any of the conditions of approval, the director may:

(A)   Terminate any uses or development authorized by the permit;

(B)   Halt their operation until all conditions are met;

(C)   Declare the permit void; or

(D)   Seek civil enforcement.

(b)   The authority granted to the director pursuant to subsection (a) shall be subject to the following conditions.

(1)   The director may adopt the rules only if required to do so by State law, and then only to the extent required by State law. Any rule that exceeds the requirements of State law shall be void. Any rule shall cease to be of any force and effect upon the repeal or judicial voidance of the State law requiring the adoption of the rule.

(2)   The rules shall not permit any extension of the time periods specified by this chapter for the director’s action, except as follows:

(A)   An extension mandated by State law;

(B)   An extension required to comply with § 21-2.40-2(d); and

(C)   Upon the prior request of the applicant, one extension of up to 15 days for a minor permit, or up to 30 days for a major permit, provided that an extension permitted under this paragraph shall not be combined with an extension permitted under paragraph (B).

(c)   Except to the extent provided by rules adopted pursuant to this section, the failure of the director to act within the specified time periods shall not be deemed an approval of any permit or application.

(a)   Plan review use. When the application is for approval of a plan review use, the council shall, within 60 days of receipt of the director’s report, hold a public hearing and either:

(1)   Approve the application, in whole or in part, with or without conditions or modifications, by resolution; or

(2)   Deny the application.

(b)   Special districts, other amendments to the land use ordinance, and zone changes. When the application or proposal is for: the establishment of or amendment to a special district; other amendment to the land use ordinance; or a zone change (in this subsection collectively referred to as “zoning ordinance proposals”):

(1)   (A)   Other than council-initiated. The planning commission shall hold a public hearing within 45 days of receipt of the director’s report and proposed ordinance. Within 30 days of the close of the public hearing, the planning commission shall transmit through the mayor to the council the director’s report and proposed ordinance with its recommendations. The mayor shall transmit the director’s report, proposed ordinance, and planning commission recommendations to the council within 30 days of receipt of the same from the planning commission.

(B)   Council-initiated. Planning commission processing and mayoral transmission of zoning ordinance proposals initiated by the council pursuant to Charter § 6-1513 and Chapter 2, Article 24, including revisions or amendments to this chapter or ordinances designating and redesignating land to one or more zoning districts specified in this chapter, shall be governed by Chapter 2, Article 24.

(C)   A proposed ordinance prepared by the director as an alternative to a council-initiated zoning ordinance proposal shall be initiated by the director and shall be processed in accordance with paragraph (A) above.

(2)   Any person may bring a civil action to enforce any time limit established by this subsection. The failure to meet any time limit established by this subsection shall not render the affected proposal void, and the council may act on the proposed ordinance after receipt thereof; and

(3)   (A)   The council shall hold a public hearing and may act by approving the ordinance as submitted or with modifications, or by denying it.

(B)   For zoning ordinance proposals other than council-initiated proposals, if the council does not take final action within 90 days after receipt of the proposed ordinance from the planning commission, it shall be deemed denied. The applicant may request, and the council may approve, an extension of time if the request is made in writing and approved before the requested effective date of the extension.

(C)   For zoning ordinance proposals initiated by the council pursuant to Charter § 6-1513 and Chapter 2, Article 24, if the council does not take final action before the automatic filing of the bill for the proposal pursuant to § 1-2.4, the proposal shall be deemed denied; provided however, that the council may extend the time for consideration of the proposal one time only by introduction of a new bill for the proposal before the automatic filing of the original bill. The new bill shall be identical to the then-current form of the original bill. If the council does not take final action before the automatic filing of the new bill, the proposal shall be deemed denied. If more than one new bill is introduced before the automatic filing of the original bill, the proposal shall be deemed denied if the council does not take final action before the automatic filing of the first new bill.

(a)   The conditions to be imposed must have already been performed before council action on the zone change, or be enforceable by the city to ensure performance after council action. The conditions shall be fulfilled within the time limitation set by the council or, if no time limitation is set, within a reasonable time.

(b)   The conditions shall be imposed only if the council finds them necessary to prevent circumstances that may be adverse to the public health, safety, and welfare.

(c)   The conditions shall be reasonably conceived to fulfill needs directly emanating from the land use proposed in the following respects:

(1)   Protection of the public from the potentially deleterious effects of the proposed use; or

(2)   Fulfillment of the need for public service demands created by the proposed use.

(d)   Changes or alterations of conditions shall be processed in the same manner as the zone change.

(e)   The conditions shall be set forth in a unilateral agreement running in favor of the council, acting by and through its chair. No ordinance with conditions shall be effective until the agreement, properly executed, has been recorded with the bureau of conveyances or the land court of the State of Hawaii, or both, as appropriate, so that the conditions imposed by the agreement shall run with the land and shall bind and give notice to all subsequent grantees, assignees, mortgagees, lienors, and any other person who claims an interest in the property. The agreement shall be properly executed and delivered to the city before council action on the ordinance with conditions; provided that the council may grant reasonable extension in cases of practical difficulty. The agreement shall not restrict the power of the council to rezone with or without conditions. The agreement shall be enforceable by the city, by appropriate action at law or suit in equity, against the parties and their heirs, successors, and assigns.

(1)   Declarants, or the declarant’s heirs, successors, or assigns, shall prepare and submit to the director an annual report detailing the status of compliance with each condition associated with the agreement, which shall include supporting documentation as appropriate, including but not limited to copies of construction and building permits, copies of deeds and restrictive covenants, financial records, phasing plans, build-out summaries, site plans, master plans, or other relevant information verifying compliance. Failure on the part of the declarant, or the declarant’s heirs, successors, or assigns, to fulfill this requirement shall be grounds for establishing a violation of this subsection.

(2)   When the conditions of an agreement have been fully performed and none of the conditions are of a continuing nature, the director may fully release the declarant, or the declarant’s heirs, successors, or assigns, from the agreement. The director may also execute and record a partial release from the conditions of an agreement upon the successful performance of any specific condition that is not of a continuing nature. Any required fees associated with a release shall be the responsibility of the declarant, or the declarant’s heirs, successors, or assigns.

(3)   The director shall prepare and submit to the council an annual report summarizing the status of compliance with conditions associated with outstanding agreements. This report shall also include a list of agreements for which a full or partial release has been executed by the director for that year, which shall include at a minimum the liber and page or land court document number of the recorded release.

(f)   Failure to fulfill any conditions to the zone change within the specified time limitations may be grounds for the enactment of ordinances making further zone changes upon initiation by the proper parties in accordance with the Charter.

(g)   The council may require a bond, in a form acceptable to the council, or a cash deposit from the property owner or contract purchaser in an amount that will assure compliance with the conditions imposed. The bond shall be posted at the same time the agreement containing the conditions is recorded with the bureau of conveyances or land court of the State of Hawaii, or both, as appropriate.

(h)   For the enactment of an ordinance for a zone change where conditions are to be imposed on the applicant’s use of the property, and there are pre-existing applicable conditions associated with an earlier ordinance for a zone change, the pre-existing conditions, in whole or in part, may be repealed by the new ordinance for a zone change or incorporated into the new unilateral agreement.

(a)   The purpose of this section is to establish a procedure for permitting certain uses in some zoning districts if certain minimum standards and conditions detailed in Article 5 are met.

(b)   The applicant must demonstrate that the proposed use meets all pertinent standards. The director is further empowered to condition the conditional use permit to ensure compatibility with adjacent uses and structures. When a standard from Article 5 differs from the standard for the zoning district, the standard from Article 5 shall apply.

(c)   Certain uses may be permitted as principal uses or principal uses with conditions in some zoning districts, but shall be conditional uses in other zoning districts.

(a)   A developer, owner, or lessee may file an application for a conditional use permit with the director; provided that the conditional use sought is permitted in the particular district.

(b)   The application shall be accompanied by a plan, drawn to scale, showing the actual dimensions and shape of the lot, the sizes and locations on the lot of any existing and proposed structures, and the existing and proposed uses of structures and open areas. The director may request additional information relating to topography, access, surrounding land uses, and other matters as may reasonably be required in the circumstances of the case. The application shall not be accepted until the information is provided.

(c)   The application will be processed in accordance with this article, subject to the following:

(1)   When the application is for a conditional use permit (minor) for a meeting facility, adult or child daycare, or K-12 school, the director has the discretion to hold a public hearing on the application upon a determination that there is sufficient justification for a public hearing;

(2)   If the director holds a public hearing as described in this section, the deadline for the director’s action on the application will be extended from 45 to 90 days from acceptance of the completed application; and

(3)   If the determination is made to hold a public hearing as provided in this section, the applicant shall make a good faith effort to notify all owners of property within 300 feet of the affected property’s boundaries of the date, time, and place of the public hearing for the applicant’s proposed use of the property as follows:

(A)   The notification must be sent within 10 working days of the director’s written decision notifying the applicant of the date, time, and place that the public hearing will be held;

(B)   The notification will be sent by regular mail;

(C)   The department shall make available to the applicant a list of all properties and owners located within 300 feet of the affected property;

(D)   The applicant shall submit an affidavit confirming that the notification requirements have been met; and

(E)   The notification may be made to the respective homeowners board or association of an affected condominium property regime or cooperative housing corporation in lieu of individual owners.

(a)   The director may allow a conditional use on a finding that the proposed use satisfies the following criteria:

(1)   The proposed use is permitted as a conditional use in the underlying zoning district and conforms to the requirements of this chapter;

(2)   The site is suitable for the proposed use considering size, shape, location, topography, infrastructure, and natural features;

(3)   The proposed use will not alter the character of the surrounding area in a manner substantially limiting, impairing, or precluding the use of surrounding properties for the principal uses permitted in the underlying zoning district; and

(4)   The use at its proposed location will provide a service or facility which will contribute to the general welfare of the community-at-large or surrounding neighborhood.

(b)   In addition to the general or specific standards set forth in this chapter concerning the proposed use, which shall be considered minimum requirements with respect to the permit, additional requirements, conditions, and safeguards may be added by the director as required for the protection of the public interest in the specific case.

(c)   The director may grant conditional use permits by modifying application of the sign regulations; district regulations relating to yards, landscaping, and lot dimensions; and parking requirements for uses that have an unusual peak-hour parking demand. No modification shall be made, unless the proposed conditional use otherwise meets the requirements of subsections (a) and (b). At no time may the director modify the minimum standards for a specific conditional use.

(d)   In determining whether the proposed conditional use meets the requirements of subsections (a) and (b), the director will, where applicable, consider traffic flow and control; access to and circulation within the property; off-street parking and loading; sewerage; drainage and flooding; refuse and service areas; utilities; screening and buffering; signs; setbacks; yards and other open spaces; lot dimensions; height, bulk, and location of structures; location of all proposed uses; hours and manner of operation; and noise, lights, dust, odor, and fumes.

(e)   Notwithstanding the requirements of subsections (b) and (c) relating to minimum development standards, in the apartment, apartment mixed-use, and business mixed-use zoning districts, the director may grant a conditional use permit for large group living, as defined in this chapter, which may modify district regulations within the limits and subject to the standards established for this conditional use in Article 5.

(f)   For certain conditional use permits, the director may require all or a portion of the site to be dedicated for a minimum of 10 years to active agricultural use. If the active agricultural use ceases before the expiration of the minimum period of dedication, the director may nullify the dedication upon a determination that the permit is revoked or rescinded.

(a)   The purpose of this section is to recognize the hardship imposed on uses that were legally established, but now fall under the procedures and standards of the following permits: cluster housing; country cluster; agricultural cluster; or conditional use. Subject to the director’s approval, the existing use procedure is an option to nonconforming status for qualifying uses. In the event of destruction, uses may be continued and structures may be rebuilt under the approved existing use plan; provided that such restoration is permitted by the building code and flood hazard regulations and is started within two years.

(b)   Existing use approval is subject to the following.

(1)   The existing uses and associated structures do not substantially limit, impair, or preclude the use of surrounding properties for the principal uses permitted in the underlying district. This assessment may include impacts on traffic flow and control; off-street parking and loading; sewerage; drainage and flooding; refuse and service areas; utilities; screening and buffering; signs; yards and other open spaces; lot dimensions; height, bulk, and location of structures; hours and manner of operation; and noise, lights, dust, odor, and fumes.

(2)   Existing uses and structures shall meet the applicable zoning requirements at the time the uses and structures were approved. Existing uses and structures are not required to meet the current underlying district regulations, nor the minimum development standards of this chapter; provided that existing uses involving dwelling units, other than those associated with a plantation community subdivision, must conform to the requirements relating to minimum land area and maximum number of units specified in § 21-8.50-2 for cluster housing, in § 21-3.60-2 for country clusters, and in § 21-3.50-2 for agricultural clusters, whichever applies. For purposes of this subsection, a plantation community subdivision may include housing, and community or agricultural support buildings, as provided under HRS § 205-4.5(a)(12).

(3)   When granting existing use approval, the director may impose conditions consistent with the purposes of this section and the permit that would otherwise be required.

(4)   Developments existing on the site shall be considered as an approved plan after review by the director.

(5)   Minor alterations, additions, or modifications may be approved by the director; provided the proposal is consistent with the intent of the permit otherwise required by this chapter, and does not create adverse land use impacts on the surrounding neighborhood. Major alterations, additions, or modifications shall be processed under the applicable permit.

(6)   Any previous variance, conditional use permit, or similar actions granted for the particular use shall continue in effect until superseded.

(7)   An existing use application shall be processed in accordance with § 21-2.40-1.

(a)   Before the submission of a cluster housing, agricultural cluster, or country cluster application, the applicant may undergo a 21-day conceptual review of the project by submitting a preliminary site plan drawn to scale showing the approximate location and dimensions of all proposed structures, roadways, common open areas, and recreational facilities. The preliminary site plan shall include a conceptual landscaping plan, with existing contours at vertical intervals of 5 feet where the slope is greater than 10 percent and not more than 2 feet where the slope is less than 10 percent. Any areas designated for grading shall be indicated and approximate amounts of cut or fill shown.

(b)   This review shall indicate the director’s comments on the basic project concept, the number and general location of all dwelling units and other structures, the location of all common areas, and the preliminary landscape plan.

(c)   Either after the 21-day conceptual review or as a first action, the applicant may proceed with detailed plans and drawings for the project in compliance with the application requirements listed in § 21-8.50-10. Within 60 days after acceptance of a completed application, the director shall approve as submitted, approve with modifications or conditions, or deny with reasons for denial sent in writing to the applicant. During this 60-day period, the director shall solicit comments on the project from appropriate agencies. Agencies shall submit comments on the project within 45 days after receipt of the director’s request.

(d)   If the development requires a special management area use permit, the time limit may be extended by the director, for a period not to exceed 10 working days after the council has taken action on the special management area use permit by the council.

(a)   Applications for approval of planned development-resort (PD-R) and planned development-apartment (PD-A) projects in the Waikiki special district, applications for approval of planned development-transit (PD-T) projects in a TOD special district, and interim planned development-transit (IPD-T) projects shall be processed by the department in accordance with this section.

(b)   Preapplication procedures. Before the submission of an application, the applicant shall:

(1)   For PD-T and IPD-T projects, attend a preapplication meeting with the department to conduct an informal review of the project, unless the department determines that a meeting is not necessary. The applicant shall be prepared to discuss how the project will accomplish the goals and objectives of § 21-9.100-6 and the approved neighborhood TOD plan for the affected area; and

(2)   For all planned-development projects, present the proposal to the neighborhood board for the district in which the project will be located. Notice of the presentation, or the applicant’s good faith efforts to make a presentation, must be given to all owners of properties adjoining the proposed project.

(c)   For all planned-development projects, upon acceptance of the completed application by the director, the director shall notify the council of the acceptance, and provide the council with the date of the director’s acceptance of the application and a brief description of the proposal contained in the application. The director shall hold a public hearing on the conceptual plan for the project no less than 21 nor more than 60 calendar days after the date on which the completed application is accepted, unless the 60-day period is waived by the applicant. The public hearing may be held jointly and concurrently with any other hearing required for the same project. No less than 15 days prior to the public hearing, the director shall give written notice of the public hearing to the neighborhood board for the district in which the project will be located.

(d)   For PD-R and PD-A projects only, the conceptual plan for the project must also be presented to the design advisory committee for its appropriate recommendations prior to transmittal of the application to the council for a conceptual plan review and approval.

(e)   Upon conclusion of the public hearing and (except for PD-T and IPD-T projects) design advisory committee review, and not more than 80 days after acceptance of the application, unless the applicant waives the 80-day period, the director shall submit a report and recommendation to the council.

(f)   The council shall approve the conceptual plan for the project, in whole or in part, with or without conditions or modifications, by resolution, or shall disapprove the conceptual plan. The council may disapprove the conceptual plan by resolution, but if the council does not take final action within 60 days after its receipt of the application, the application will be deemed denied. The applicant may request, and the council may approve, an extension of time if the request is made in writing, prior to the requested effective date of the extension. An application for council approval of a conceptual plan for a PD-R, PD-A, PD-T, or IPD-T project may be processed concurrently with development plan amendments under Chapter 24, special management area use permits under Chapter 25, and zoning district changes.

(g)   If the council approves the conceptual plan for the project, the application, as approved in concept by the council, will continue to be processed for further detailed review and final action by the director.

(1)   The director shall present the detailed plan for the project to the design advisory committee for its recommendation, except in the case of PD-T and IPD-T projects.

(2)   Within 45 days after council approval, the director shall approve the application in whole or in part, with or without conditions or modifications, or deny the application, with reasons for final action set in writing to the applicant.

(3)   The applicant may request in writing to the director an extension of time as may be necessary for good cause.

(h)   A final approval by the director will be considered a major special district permit for the project, notwithstanding that the application has been processed in accordance with this section and not § 21-2.40-2.

(a)   The purpose of this section is to establish a review and approval mechanism for uses of a permanent and institutional nature which, because of characteristics fundamental to the nature of the use, provide essential community services but could also have a major adverse impact on surrounding land uses.

(b)   It is the intent that the design and siting of structures and landscaping, screening, and buffering for these uses be master planned so as to minimize any objectionable aspects of the use or the potential incompatibility with other uses permitted in the zoning district.

(a)   Plan review use (PRU) approval is required for the following public and private uses:

(1)   Hospitals;

(2)   Prisons;

(3)   Airports;

(4)   Colleges and universities (except vocational schools);

(5)   Large meeting facilities subject to subsection (c);

(6)   Those golf courses described in subsection (d); and

(7)   Zoos.

(b)   This section applies to all of the uses in subsection (a), in all zoning districts and special districts.

(c)   A large meeting facility may not be approved as a plan review use in the preservation, agricultural, country, residential, apartment, apartment mixed-use, or industrial zoning districts.

(d)   Golf courses.

(1)   If, following rezoning of land planned for golf course use to P-2 preservation zoning district, either:

(A)   A grading permit has not been issued for the golf course within two years of the rezoning; or

(B)   A grading permit that was issued within two years of the rezoning has expired due to suspension or abandonment of work, or is revoked, then PRU approval is required for the golf course.

(2)   Golf courses are permitted as a plan review use in the P-2 and resort zoning districts only when consistent with the city’s development plans. Golf courses in the P-2 and resort zoning districts will be deemed consistent with the development plans only when situated on lands designated for preservation, parks and recreation, or golf courses on the development plan land use maps.

(3)   Uses accessory to a golf course must be designed and scaled to meet only the requirements of the members, guests, or users of the facility.

(4)   In addition to the general provisions of § 21-2.120-2, PRU approval of requests for golf courses may be based on the additional criteria enumerated in § 21-5.70-8(a).

(a)   A proposed master plan spanning at least five years shall be submitted by the applicant for a PRU and shall be accompanied by review and comment from all applicable city, State, and federal planning and development agencies. The application and proposed master plan shall encompass the entire lot or the entirety of all lots for which the PRU is applied.

(b)   The master plan shall be approved by council resolution. The approved master plan shall apply to the entire lot or the entirety of all lots for which the PRU is approved. No uses or structures, other than the uses and structures in the approved master plan, shall be permitted on the lot or lots. The master plan may consist of both existing and future development. Future development in the plan shall indicate general height and bulk concepts, land expansion, landscaping, setbacks, and buffering of adjacent parcels.

(c)   Density, height, and yards shall be determined by taking into consideration the surrounding land use, adopted land use policy, and applicable zoning regulations.

(d)   Parking, loading, and sign requirements shall be specified in the approval of the master plan.

(e)   The director shall approve drawings before building permits are issued, in accordance with the approved master plan. Amendments to the plan, other than those of minor impact, shall require council approval; the director may approve minor amendments to the plan.

(a)   An applicant for a PRU shall submit to the director an application, accompanied by:

(1)   A location map showing the development in relation to the surrounding area;

(2)   A site plan drawn to scale showing:

(A)   Property lines and easements with dimensions and area;

(B)   Location, size, spacing, setbacks, and dimensions of all existing and proposed buildings, structures, improvements, and utilities;

(C)   The building elevations, sections, and floor plan and site sections to clearly define the character of the development;

(D)   Topographic information showing existing features and conditions, and proposed grading;

(E)   Landscaping plans showing open spaces, planting, and trees;

(F)   Existing streets showing access to the project, proposed roads, and parking layout with dimensions; and

(G)   Shoreline, shoreline setback lines, stream, and other setback lines.

(3)   Information regarding land use designations, surrounding land uses, and development schedules;

(4)   Information on the following:

(A)   The manner in which the plan makes adequate provision for public services, provides adequate control over vehicular traffic, and furthers the amenities of light and air;

(B)   The relationship, beneficial and adverse, of the proposed development to the neighborhood in which it is established;

(C)   Confirmation from applicable public agencies that sewer, water and drainage facilities are or will be available and adequate, before the construction of the proposed development;

(D)   Project justification; and

(E)   Existing and projected number of employees, teachers, students, residents, or patients, as appropriate.

(b)   No application for an amendment to an existing PRU, or for a new PRU to supersede an existing PRU, shall be accepted by the director if:

(1)   The application, if approved, would result in a master plan spanning a period that extends beyond the term of the master plan approved by the existing PRU; and

(2)   One or more conditions of the existing PRU that are due to be performed (other than conditions of a continuing nature whose performance is current) have not been fully performed.

(a)   A waiver of the strict application of the development or design standards of this chapter may be granted by the director for the following:

(1)   Public or public/private uses and structures, communication towers, communication support structures, and small, medium, or large utility installations; provided that wind energy generation facilities are not eligible for a waiver under this section;

(2)   To permit the creation of zoning lots designated for landscaping and open space purposes that do not meet minimum zoning lot area or dimensions;

(3)   To permit the replacement of existing improvements on private property when the improvements are rendered nonconforming through the exercise of government’s power of eminent domain on or after October 22, 1986, which for the purposes of this subdivision may also include requirements under Chapter 14, Article 6, or the establishment of street setback lines;

(4)   To permit the retrofitting of improvements when the retrofitting is required to comply with federal mandates, including but not limited to the Americans with Disabilities Act (ADA) or the National Environmental Protection Act (NEPA); provided that the improvements could not otherwise be made without conflicting with this chapter; and

(5)   In the residential, apartment, and apartment mixed-use zoning districts, when a zoning lot is subject to a street setback line, the director may reduce the front or rear yard requirement by up to 30 percent; provided that the following conditions are satisfied:

(A)   The zoning lot does not meet applicable minimum development standards for lot area, lot width, or lot depth, either in its current configuration or after the street setback is taken; and

(B)   The appropriate agency or agencies concur in the reduction.

(b)   The granting of the waiver shall not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, and shall not be materially detrimental to the public welfare nor injurious to nearby property improvements. The burden of proof in showing the reasonableness of the proposed waiver shall be on the applicant seeking it.

(c)   This provision shall not be applicable to uses that fall under § 21-2.120.

(1)   When located in a residential zoning district, a one-car or two-car carport or garage may encroach into required front or side yards, including those in special districts, only under the following conditions:

(A)   No other viable alternative site exists relative to the location of an existing dwelling (including additions), legally constructed prior to October 22, 1986, or to the topography of the zoning lot; and

(B)   The landowner shall authenticate the nonconformity of the existing dwelling, carport, or garage, if necessary.

Any carport or garage covered by this subsection must not be converted to or be used for a use other than a carport or garage.

(2)   The maximum horizontal dimensions for the carport or garage generally must not exceed 20 feet by 20 feet; provided that the dimensions may be reasonably increased to accommodate an existing retaining wall or similar condition.

(1)   The building is not a single-unit, two-unit, or duplex-unit dwelling; and

(2)   The proposal is subject to design review. The roofing treatment must be attractive, give deference to surrounding design, and be an integral part of the design scheme of the building.

(1)   Adjust the minimum access width to no less than 10 feet; and

(2)   Allow more than dual access to an access drive; provided that the following criteria are met:

(A)   The appropriate government agencies do not object to the proposal;

(B)   No more than three flag stems or access drives are located adjacent to one another, the access drives do not serve more than five dwelling units, and the combined access drive pavement width does not exceed 32 feet; and

(C)   If more than dual access to a flag stem or access drive is proposed, the design results in one common driveway and one curb cut to serve all lots adjoining the flag stems.

(1)   The enclosure meets a unified design scheme approved by either the condominium association or the building owner, whichever is applicable;

(2)   Other lanais in the building have been similarly enclosed; and

(3)   Lanais that have already been enclosed have been done so legally.

(1)   The project consists of more than one building;

(2)   Buildings do not exceed three stories; and

(3)   There is sufficient uncovered parking and aisle or turnaround space to accommodate occasional use for loading.

(A)   There are no reasonable means of providing the additional parking or loading spaces that would otherwise be required, including but not limited to joint use of parking facilities and remote parking facilities;

(B)   There was no previous change in use on the zoning lot to a use with higher parking or loading standards during the five-year period immediately preceding the change in use;

(C)   There was no previous grant of an adjustment from parking and loading requirements on the zoning lot pursuant to this subdivision; and

(D)   The parking and loading will thereafter be deemed to be nonconforming.

(A)   There are no reasonable means of providing the additional parking or loading spaces that would otherwise be required, including but not limited to joint use of parking facilities and remote parking facilities;

(B)   There was no previous change in use on the zoning lot to a use with a higher parking or loading standard during the five-year period immediately preceding the change in use; and

(C)   There was no previous grant of an adjustment from parking and loading requirements on the zoning lot pursuant to this subdivision or subdivision (1).

(1)   The ohana unit is a nonconforming structure or dwelling unit. An ohana unit will be deemed nonconforming when the building permit for an ohana unit was issued, and any of the following circumstances apply:

(A)   The ohana unit is occupied by persons who are not related by blood, marriage, or adoption to the family residing in the primary dwelling, and the building permit for the ohana unit was issued before September 10, 1992;

(B)   A declaration of condominium property regime or declaration of horizontal property regime was filed with either the State of Hawaii bureau of conveyances or the State of Hawaii land court, or both, as appropriate, on or before December 31, 1988; or

(C)   The ohana unit was legally established, but is no longer allowed pursuant to § 21-5.50- 3(c)(4);

(2)   The building area of the ohana unit in combination with the building area of the primary dwelling does not exceed the current maximum building area development standard for the underlying zoning district;

(3)   The ohana unit complies with all other development standards for the underlying zoning district, including off-street parking standards; and

(4)   Unless the ohana unit was lawfully established before December 31, 1988, the owners shall comply with § 21-5.50-3(c)(3) prior to the issuance of any building permit.

(1)   The zoning lot is not located in a residential zoning district where utility lines are predominantly located underground;

(2)   The applicant shall provide evidence to the director that adequate reception by the accessory receive only antenna, for the purposes for which the accessory receive only antenna is designed, cannot be provided anywhere on the zoning lot at or below the applicable zoning district height limit, and the accessory receive only antenna must not extend above a height greater than what is shown by the evidence provided to the director to be necessary to provide adequate reception; provided that in no case may the accessory receive only antenna extend more than 10 feet above the applicable zoning district height limit; and

(3)   An accessory receive only antenna may be placed on top of an existing structure that is nonconforming in height; provided that the accessory receive only antenna must not extend above the height of the structure by more than 10 feet.

(1)   The slope of the lot is greater than 40 percent;

(2)   There is no reasonable development alternative without an increase in the height envelope; and

(3)   The zoning lot must be limited to dwelling use.

(1)   If the elevator cab opens on the roof, machinery must not be placed above the elevator housing;

(2)   The highest point of the rooftop structures must not exceed 5 feet above the highest point of the equipment structures. Rooftop structures principally housing elevator machinery or air conditioning equipment that were installed under a building permit issued before February 9, 1993, will be permitted even if they exceed the 18-foot limit of § 21-4.60(c)(1) so long as they do not exceed 5 feet above the highest point of the equipment structure;

(3)   If the building is located in a special district, the special district requirements will prevail;

(4)   The proposed rooftop structures will be subject to design review. The design must be attractive, give deference to surrounding design, and be an integral part of the design scheme of the building; and

(5)   Areas proposed to be covered by the rooftop structure will not be counted as floor area; provided that they are not used for any purpose other than for covering rooftop machinery. Areas used for purposes other than reasonable aesthetic treatment will be counted as floor area.

(i)   No sign may exceed any applicable standard relating to height or dimension by more than 20 percent;

(ii)   The total permitted sign area for signs that are part of a sign master plan may not be increased by more than 20 percent beyond the total sign area permitted by the underlying sign regulations for the site; and

(iii)   The total number of signs that are part of a sign master plan may not exceed 20 percent of the total number of signs permitted by the underlying sign regulations for the site; provided that when computation of the maximum number of permitted signs results in a fractional number, the number of allowable signs will be the next highest whole number.

(i)   When marquee fascia signs are used, the signs may be displayed above the face of the marquee; provided that the signs must not exceed a height of more than 36 inches above the marquee face.

(ii)   When wall signs are used, signs displayed as individual lettering placed against a building wall are encouraged.

(i)   Where direct illumination is not otherwise permitted by the underlying sign regulations for the site, sign copy or graphic elements of business or identification signs for ground floor establishments may be directly illuminated; provided that any remaining sign area must be completely opaque and not illuminated.

(ii)   Signs for second floor establishments may be indirectly illuminated.

(E)   The standards and requirements for directional signs, information signs, and parking lot traffic control signs may be established by the director, as appropriate.

(A)   The proposed sign master plan will accomplish the intent of this subsection;

(B)   The size and placement of each sign will be proportional to and visually balanced with the building facade of the side of the building on which the sign is located;

(C)   All signs regulated by this chapter and maintained on the site will feature the consistent application of not less than one of the following design elements: materials, letter style, color, shape, or theme; and

(D)   Except as may be adjusted by the sign master plan, all signs regulated by this chapter and maintained on the site must conform to this chapter.

(A)   The director shall maintain a copy of the approved sign master plan for each project to facilitate the expedited processing of sign permits for that project. The director shall review each sign permit application for an individual sign within an affected project for its conformity to the approved sign master plan. Upon determining that the sign permit application conforms to the approved sign master plan, the director shall issue the sign permit for the sign.

(B)   Except as otherwise provided in this paragraph, no sign may be maintained on a site subject to an approved sign master plan unless the sign conforms to the sign master plan. If a site has existing signs that will not conform to the approved sign master plan, the master plan must specify a reasonable time period, as approved by the director, for conversion of all existing signs to the design scheme set forth in the approved master plan; provided that in no event may the time period for full conformance exceed one year after the date the sign master plan is approved.

(1)   The director shall find that viable constraints do not allow the reduction of the floor area of the existing accessory structure; and

(2)   The director shall find that no feasible alternative off-street parking site exists due to the placement of the structure on, or the topography of, the zoning lot.

(a)   A zoning adjustment shall be approved on a finding that the following criteria have been met:

(1)   Approving the adjustment will meet the purpose and intent of the regulation to be modified;

(2)   The proposal will not significantly detract from the livability or appearance of the area, and is consistent with the desired character of the area;

(3)   If more than one adjustment is being requested, the cumulative effect of the adjustments results in a project that is still consistent with the overall purpose and intent of the zoning district; and

(4)   Any impacts resulting from the adjustment are mitigated to the extent practical.

(b)   An applicant may request a zoning adjustment under the specific circumstances described in § 21-2.140-1. The adjustment request shall be filed with the department with supporting materials describing the requested adjustment and documenting the manner in which the proposed project qualifies for the adjustment and meets the criteria specified in subsection (a). A request for an adjustment shall be approved by the director on a finding that all criteria for the adjustment are satisfied.

(a)   Any person convicted of a violation of this chapter shall be sentenced as follows:

(1)   For a first offense, by a fine not exceeding $1,000 and either:

(A)   Thirty-two hours of community service, as authorized by and defined in HRS § 706-605(1)(d); or

(B)   Forty-eight hours of imprisonment;

(2)   For a second conviction that occurs within five years of any prior conviction for violation of this chapter, by a fine not exceeding $1,000 and either:

(A)   Sixty-four hours of community service, as authorized by and defined in HRS § 706-605(1)(d); or

(B)   Ninety-six hours of imprisonment; and

(3)   For a subsequent conviction that occurs within five years of any two prior convictions under this chapter, by a fine of not less than $500 but not exceeding $1,000 and either:

(A)   Not less than 64 hours but not exceeding 140 hours of community service as authorized by and defined in HRS§ 706-605(1)(d); or

(B)   Not less than 96 hours but not exceeding 30 days’ imprisonment.

(b)   After a conviction for a first violation under this chapter, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction.

(c)   The imposition of a fine under this section shall be controlled by the Hawaii Penal Code relating to fines, HRS §§ 706-640 through 706-645.

(d)   The city may maintain an action for an injunction to restrain any violation of this chapter and may take any other lawful action to prevent or remedy any violation.

(e)   Any authorized personnel may arrest, without warrant, alleged violators by issuing a summons or citation in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court.

(f)   Any authorized personnel making an arrest for a violation of this chapter may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation, notifying the alleged violator to answer at a place and at a time provided in the summons or citation.

(g)   There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this chapter that does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summons or citations used in modern methods of arrest, so designed to include all necessary information to make it valid under the laws and regulations of the State of Hawaii and the City and County of Honolulu.

(h)   In every case when a citation is issued, the original of the citation shall be given to the violator; provided that the administrative judge of the district court may prescribe giving the violator a carbon copy of the citation and provide for the disposition of the original and any other copies.

(i)   Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original.

(1)   The director may serve an enforcement notice issued pursuant to this section by registered or certified mail, with return receipt requested, addressed to the last known address of each violator identified in the enforcement action, or by delivering a copy of the enforcement notice to the violator in person.

(2)   The director also may serve an enforcement notice issued pursuant to this section by leaving a copy of the enforcement notice at the violator's residence, place of employment, or usual place of business, or by physically posting a copy of the enforcement notice in a prominent location on the property in a conspicuous manner that is likely to be discovered; provided that due diligence was used in attempting to serve the person personally or by registered or certified mail.

(3)   If the director is not able to serve the enforcement notice by any of the methods described in subdivisions (1) and (2), the director may serve the enforcement notice on one or more violators by publishing a copy of the order once each week for two consecutive weeks in a daily or weekly publication that is in general circulation within the city.

(1)    Date of the notice of violation;

(2)    The name of the person noticed;

(3)   The address or location of the violation;

(4)    The specific ordinance, rule, or condition that has been violated;

(5)    A concise description of the violation;

(6)   A statement of the actions that are necessary to correct the violation;

(7)   A requirement that the violator correct the violation by a specified date;

(8)   A statement of the penalties that will be imposed if the violation is not corrected by the deadline for correction established pursuant to subdivision (7); and

(9)   A requirement that the violator send a written notice to the director reporting the correction of the violation when the violator believes the violation has been corrected.

(1)   In addition to any other information or requirements deemed appropriate by the director, the notice of order must include a copy of the applicable notice of violation issued by the director for the violation.

(2)    The notice of order may require the person to do any or all of the following:

(A)   Cease and desist from the violation;

(B)   Correct the violation at the person's own expense before a date specified in the order;

(C)   Pay a civil fine not to exceed $5,000 in the manner, at the place, and before the date specified in the order; and

(D)   Pay a civil fine not to exceed $5,000 per day for each day in which the violation persists beyond the date specified in paragraph (C), in the manner and at the time and place specified in the order.

(3)   Notwithstanding the civil fines specified in subdivision (2)(C) and (D), if the violation is a violation of any provision of this chapter relating to the requirements for transient vacation units or bed and breakfast homes, then, in addition to the requirements in subdivision (2)(A) and (B), the order may require a person to do any or all of the following:

(A)   Pay a civil fine not to exceed $10,000 in the manner, at the place, and before the date specified in the order; and

(B)   Pay a civil fine not to exceed $10,000 per day for each day in which the violation persists beyond the date specified in paragraph (A) in the manner and at the time and place specified in the order.

(4)   Notwithstanding the civil fines specified in subdivision (2)(C) and (D), if the violation involves the construction or conversion of a structure in violation of § 21-3.70-1(c)(3), relating to large dwelling units, then, in addition to the requirements in subdivision (2)(A) and (B), the order may require a person to do any or all of the following:

(A)   Pay a civil fine not to exceed $25,000 in the manner, at the place, and before the date specified in the order; and

(B)   Pay a civil fine not to exceed $10,000 per day for each day in which the violation persists beyond the date specified in paragraph (A) in the manner and at the time and place specified in the order.

(5)   The order must advise the person that the order will become final 30 days after the date of its mailing or delivery. The order must also advise that the director’s action may be appealed to the zoning board of appeals.

(h)   Notwithstanding any other provision to the contrary, in addition to daily civil fines, the director may impose a fine in an amount equal to the total sum received by the owner, operator, or proprietor of a bed and breakfast home or transient vacation unit from any impermissible rental activity during the period in which the owner, operator, or proprietor was subject to daily fines.

(i)   Nothing in this section shall preclude the director from seeking any other remedy available by law.