Section 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.Haw. Code R. § 19-170-128
[Eff MAY 5 2013] (Auth: HRS §§ 206J-5, 206J-7) (Imp: HRS §§ 206J-1, 206J-5)