Current through November, 2024
Section 15-220-58 - Conditional use permit(a) No inherent right exists to receive a conditional use permit. Every conditional use permit application shall, at a minimum, comply with every requirement contained in these rules. Mere compliance with the generally applicable requirements however may not be sufficient, and additional measures and conditions may be necessary to mitigate the impact of the proposed project.(b) Applicability. Uses are as designated in Figure 3 (allowable uses), dated ______, made a part of this chapter, and attached at the end of this chapter.(c) Decision-maker. Conditional use permits are subject to authority review and action pursuant to Figure 1 (approval requirements), dated ________, made a part of this chapter, and attached at the end of this chapter.(d) Findings. Approval of a conditional use permit shall require all the following findings of fact:(1) The use is allowed within the applicable land use zone and complies with all other applicable provisions of the rules;(2) The use will conform to the Heeia MP;(3) The design, location, size, and operating characteristics of the proposed use are compatible with manao hooko (intent) of the district;(4) The site is physically suitable for the type and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and(5) Granting the permit would not be detrimental to the public health, safety, or welfare, or be materially injurious to persons, lots, or to the district.(e) Conditions. In approving any conditional use permit, the authority may impose such reasonable standards, conditions, or requirements, as it may deem necessary to protect the public welfare and in order to ensure the approval will comply with the findings of this section. Such additional standards, conditions or requirements may include, but are not limited to:(1) Limitations on operations and use;(2) Area requirements; and(3) Standards pertaining to circulation, noise, hours of operation, protection of environmentally sensitive areas, and similar characteristics.[Eff 8/9/2021] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp : HRS §§ 206E-4, 206E-5, 206E-7)