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Honolulu, HI Code of Ordinances
THE REVISED ORDINANCES OF HONOLULU
TITLE I: ADMINISTRATION
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: THE MAYOR AND EXECUTIVE AGENCIES - ADDITIONAL POWERS, DUTIES, AND FUNCTIONS
CHAPTER 3: ADDITIONAL BOARDS, COMMISSIONS, AND COMMITTEES
CHAPTER 4: ADDITIONAL POWERS AND DUTIES OF COUNCIL AND LEGISLATIVE AGENCIES
CHAPTER 5: SALARIES, EMPLOYMENT, AND BONDING REQUIREMENTS OF ELECTED OFFICIALS AND NON-CIVIL-SERVICE OFFICERS
TITLE II: TAXATION AND FINANCES
CHAPTER 6: FUNDS, FEES, AND LOAN PROGRAMS
CHAPTER 7: RESERVED
CHAPTER 8: REAL PROPERTY TAX
CHAPTER 8A: TAXATION OF TRANSIENT ACCOMMODATIONS
TITLE III: MISCELLANEOUS REGULATIONS
CHAPTER 9: BOTANICAL GARDENS
CHAPTER 10: PUBLIC PARKS AND RECREATION FACILITIES
CHAPTER 11: CHILD CARE
CHAPTER 12: ANIMALS AND FOWLS
CHAPTER 13: STREETS, SIDEWALKS, MALLS, AND OTHER PUBLIC PLACES
CHAPTER 14: PUBLIC WORKS INFRASTRUCTURE
TITLE IV: TRAFFIC AND VEHICLES
CHAPTER 15: TRAFFIC AND VEHICLES
CHAPTER 15A: REGULATIONS OF VEHICLES
CHAPTER 15B: PUBLIC TRANSIT
TITLE V: BUILDING AND CONSTRUCTION CODES
CHAPTER 16: BUILDING CODE
CHAPTER 16A: HOUSING CODE
CHAPTER 16B: BUILDING ENERGY CONSERVATION CODE
CHAPTER 16C: BUILDING MANAGEMENT
CHAPTER 17: ELECTRICAL CODE
CHAPTER 18: FEES AND PERMITS FOR BUILDING, ELECTRICAL, PLUMBING, AND SIDEWALK CODES
CHAPTER 18A: GRADING, SOIL EROSION, AND SEDIMENT CONTROL
CHAPTER 19: PLUMBING CODE
CHAPTER 20: FIRE CODE OF THE CITY AND COUNTY OF HONOLULU
TITLE VI: LAND USE
CHAPTER 21: LAND USE ORDINANCE
CHAPTER 21A: FLOOD HAZARD AREAS
CHAPTER 22: SUBDIVISION OF LAND
CHAPTER 23: STATE LAND USE CLASSIFICATION
CHAPTER 24: DEVELOPMENT PLANS
CHAPTER 25: SPECIAL MANAGEMENT AREAS
CHAPTER 26: SHORELINE SETBACKS
CHAPTER 27: COMMUNITY FACILITIES DISTRICTS
CHAPTER 28: SPECIAL IMPROVEMENT DISTRICTS
CHAPTER 29: AFFORDABLE HOUSING REQUIREMENTS
CHAPTER 30: WATER MANAGEMENT
CHAPTER 31: COMMUNITY ECONOMIC DEVELOPMENT
CHAPTER 32: AFFORDABLE RENTAL HOUSING
CHAPTER 33: DEVELOPMENT AGREEMENTS
CHAPTER 33A: IMPACT FEES FOR TRAFFIC AND ROADWAY IMPROVEMENTS IN EWA
TITLE VII: BUSINESS
CHAPTER 34: REGULATION OF BUSINESSES
CHAPTER 35: INCENTIVES FOR BUSINESS TO CREATE NEW JOBS
CHAPTER 36: COMMON CARRIERS
TITLE VIII: PROPERTY
CHAPTER 37: REAL PROPERTY TRANSACTIONS INVOLVING THE CITY AND COUNTY OF HONOLULU
CHAPTER 38: LEASE AND RENTAL OF CITY REAL PROPERTY, INCLUDING FEES
CHAPTER 39: MAXIMUM ANNUAL RENEGOTIATED LEASE RENT
CHAPTER 40: OFFENSES RELATING TO PROPERTY
TITLE IX: PUBLIC HEALTH, SAFETY, AND SANITATION
CHAPTER 41: PUBLIC HEALTH AND SAFETY
CHAPTER 42: COLLECTION AND DISPOSAL OF REFUSE
CHAPTER 43: SEWERS, DRAINAGE, AND CESSPOOLS
PARALLEL REFERENCES
TABLES
§ 33-1.6 Enforceability—Applicability.
(a)   Unless terminated pursuant to § 33-1.5(a)(6) or unless canceled pursuant to § 33-1.4(c), a development agreement, amended development agreement, or modified development agreement, once entered into, shall be enforceable by any party thereto, or their heirs, successors in interest, or permitted assigns.
(b)   All city laws, ordinances, resolutions, rules, regulations, and policies governing uses of the land that is the subject of a development agreement, including but not limited to those governing permitted uses, density, design, height, parking requirements, setbacks, size, and building specification of proposed buildings, construction standards and specifications, and water utilization requirements applicable to the development of the property subject to the development agreement, shall be those city laws, ordinances, resolutions, rules, regulations, and policies applicable to the development and in force at the time of the execution of the development agreement, notwithstanding any subsequent change adopted by the city that alters or amends the laws, ordinances, resolutions, rules, regulations, or policies specified in this section. Such subsequent change shall be void as applied to property subject to the development agreement to the extent that it changes any city law, ordinance, resolution, rule, regulation, or policy that the development agreement provides shall be maintained in force as written at the time of the development agreement’s execution; provided that a development agreement shall not prevent the city from requiring any party or any party’s heirs, successors, and permitted assigns to comply with city laws, ordinances, resolutions, rules, regulations, and policies of general applicability enacted after the execution date of the development agreement if the city finds it necessary to impose such requirement because a failure to do so would place the residents of the development or of the immediate community, or both, in a condition perilous to the residents’ health or safety, or both.
(c)   (1)   If the State is a party to a development agreement, the development agreement may contain provisions relating to:
(A)   The applicability of State statutes, resolutions, rules, regulations, and policies governing uses of the land that is the subject of the development agreement and amendments thereto; and
(B)   Obligations of the developer to the State or of the State to the developer;
      provided that the inclusion of such provisions is permitted by law.
(2)   Except as may be provided in a development agreement pursuant to subdivision (1), State statutes, resolutions, rules, regulations, and policies, and any amendments thereto, shall apply to the development.
(d)   The development agreement shall not affect the applicability of federal statutes, resolutions, rules, regulations, and policies, and any amendments thereto, to the development.
(e)   For the purposes of this section, improvement district, maintenance district, tax increment financing district and community facilities district laws, ordinances, resolutions, rules, regulations, and policies are laws, ordinances, resolutions, rules, regulations, and policies governing the financing of infrastructure construction and maintenance and not governing the uses of land.
(1990 Code, Ch. 33, Art. 1, § 33-1.6) (Added by Ord. 96-09; Am. Ord. 96-58)