Hawaii Revised Statutes 46-162 Definitions.

[§46-162] Definitions. As used in this part, unless the context clearly requires otherwise:

"Council" means the county council.

"Development rights" means the rights permitted for a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bulk, or height of improvements thereon. Development rights may be calculated and allocated in accordance with factors such as area, floor area ratios, density, height limitations, or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this part.

"Receiving district" means one or more designated districts or areas of land to which development rights generated from one or more sending districts may be transferred and in which increased development is permitted to occur by reason of this transfer.

"Sending district" means one or more designated districts or areas of land in which development rights may be designated for use in one or more receiving districts.

"Transfer of development rights" means the process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. [L 1998, c 296, pt of §1]

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Last modified: October 27, 2016