Haw. Code R. § 19-170-55

Current through August, 2024
Section 19-170-55 - Definitions

Except as otherwise stated in this chapter, all of the definitions contained in the land use ordinance of the city and county of Honolulu are by reference incorporated herein and made a part hereof. As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning or intent:

"Aloha Tower complex" means the entire area under the jurisdiction of the Aloha Tower development corporation as designated by the Legislature under section 206J-3, HRS.

"Aloha Tower project area" means that portion of the Aloha Tower complex covered by the development plan and these rules.

"Building height" means the vertical distance measured from the existing grade of the nearest public street to the top of the roof slab, parapet wall or ridge line of the subject building except as provided in Section 19-170-112 of these rules.

"Corporation" or "development corporation" means the Aloha Tower development corporation established by-section 206J-4, HRS.

"Development" means the construction of a new building or other structure on a development lot, the relocation of an existing building on another development lot, or the use of a tract of land for a new use, or the enlargement of an existing building or use, or the renovation or restoration of an existing building or use.

"Development lot" means any lot or a combination of lots developed in accordance with the provisions of these rules.

"Development plan" means the development plan for the Aloha Tower project area.

"Executive officer" means the executive officer of the corporation.

"Floor area" means the total area of all floors of a building measured from the exterior faces of the exterior walls or from the center line of party walls separating portions of a building excluding unroofed areas, interior elevator and mechanical shafts and stairways. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above, excluding arcades, cantilevered floors and non-structural overhangs. Also excluded from the floor area are parking facilities and loading spaces, including their driveways and access ways, lanais or balconies of dwelling or lodging units which do not exceed 15 per cent of the total floor area of the unit to which they are appurtenant, non-habitable attic areas, and rooftop machinery equipment rooms and elevator housings on the top of buildings.

"Floor area ratio" or "(FAR)" means the ratio of floor area to land area expressed as a per cent or decimal which shall be determined by dividing the total floor area on a development lot by the lot area of that development lot.

"Hawaii capital district" means a special district established by Article 7 of the land use ordinance.

"Land use ordinance" or "LUO" means the Land Use Ordinance adopted by Ordinance No. 86 96 of the city and county of Honolulu.

"Land use zone" means any zone delineated on the land use plan maps of the Aloha Tower project area and described in subchapter 7 of these rules.

"Lot" means a parcel of land which can be used, developed or built upon.

"Nonconforming use" means an activity using land, buildings, signs, or structures for purposes which were legally established within the area prior to adoption of the development plan but would not be permitted as a new use in any of the land use zones established by this chapter.

"Preservation" means keeping a particular facility in its present condition. The facility may already be in a restored or rehabilitated condition.

"Project" means an undertaking of work or improvement of public or private real or personal property or any interest therein, developed, acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by the development corporation, by itself or in conjunction with qualified persons, and including public facilities and, any law to the contrary notwithstanding, facilities for and functionally related and subordinate to maritime purposes.

"Project area" means the Aloha Tower project area as defined in section 19-170-57(b) of these rules.

"Protection" means undertaking actions or applying measures which will prevent the facility from deterioration or loss or which will keep it from being destroyed or abused.

"Public improvement" means any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide public needs as: vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.

"Public project" means any project or activity of any county or agency of the state conducted to fulfill a governmental function for public benefit and in accordance with public policy.

"Reconstruction" means the reproduction by new construction of a building, structure, object or parts thereof as it originally appeared.

"Reflective surface" means any glass or other surface, such as polished metal, specified in the manufacturer's literature having reflectance (designated by such terminology as average daylight reflectance, visible light reflectance, visible outdoor reflectance, and comparable terms) of over thirty per cent.

"Rehabilitation" means returning a facility to a useful state, thus allowing it to be used while preserving those portions or features considered historically, architecturally, or culturally significant.

"Restoration" means recovering accurately the authentic form and details of a facility, or a structure and its setting, usually by renovating a later work, or replacing missing earlier work.

Haw. Code R. § 19-170-55

[Eff MAY 5 2013] (Auth: HRS §§ 206J-2, 206J-3, 206J-5, 206J-7). (Imp: HRS §§ 206J-2, 206J-3, 206J-5, 206J-7)