Current through November, 2024
Section 19-170-58 - Establishment and scope of controls(a) In harmony with the purpose and intent of chapter 206J, HRS, these rules are established by the Aloha Tower development corporation for the project area controlling, regulating, and determining the height of buildings; minimum setbacks; required open spaces; the density of buildings; the location and amount of retail, office, hotel, residential, maritime, park, cultural, and other appropriate uses; the location of buildings and other structures; architectural design; urban design; historic and cultural sites; circulation criteria; and other appropriate regulations relating to land use, zoning, and planning for buildings and structures for all properties within the Aloha Tower project area.(b) This chapter, together with the development plan for the Aloha Tower project area shall govern all developments and use of properties within the project area. In case of any discrepancy between the provisions of this chapter and the development plan, this chapter shall control.(c) No building permit shall be issued for any development within the project area unless the development conforms to the provisions of the development plan and this chapter.(d) No public improvement or project within the project area shall be initiated or adopted unless it conforms to and implements the development plan and this chapter.(e) Except as otherwise specifically provided, the provisions of this chapter shall supersede the provisions of the city and county of Honolulu's development plan (Ordinance No. 8179, as amended), the provisions of the Hawaii Capitol District Ordinance (Article 7, land use ordinance), and the provisions of the land use ordinance (Ordinance 86-96, as amended) as they all shall relate to properties within the project area. The foregoing ordinances are hereby declared to be inconsistent with this chapter, and shall therefor be inapplicable to development within the project area unless otherwise specifically stated.(f) All agencies of the city and state governments shall perform their duties, functions, and powers which affect the project area in accordance with the provisions of the development plan and this chapter.(g) The development corporation shall not exercise any jurisdiction over any replacement facilities located within the Aloha Tower complex required for necessary maritime purposes and activities. Jurisdiction over such replacement facilities shall remain in the department of transportation, state of Hawaii. The department of transportation shall not be subject to these rules.[Eff MAY 5 2013] (Auth: HRS S206J-7) (Imp: HRS §§ 206J-7, 206J-10, 206J-1)