Section 15-215-79 - Conditional use permit(a) No inherent right exists to receive a conditional use permit. Every conditional use permit application or amendment shall, at a minimum, comply with every requirement contained in these rules. Mere compliance with the generally applicable requirements however may not be sufficient, and additional measures and conditions may be necessary to mitigate the impact of the proposed development.(b) Applicability. Uses are as designated in Figure 1.7 (land use summary), dated September 2012, made a part of this chapter, and attached at the end of this chapter.(c) Decision-maker. Conditional use permits are subject to authority review and action pursuant to Figure 1.1 (approval requirements matrix), dated September 2012, made a part of this chapter, and attached at the end of this chapter.(d) Findings. Approval of a conditional use permit shall require all the following findings of fact: (1) The use is allowed within the applicable zone and complies with all other applicable provisions of the rules;(2) The use will conform to the KMP;(3) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future uses in the vicinity;(4) The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and(5) Granting the permit would not be detrimental to the public health, safety, or welfare, or be materially injurious to persons, lots, or improvements in the vicinity and zone in which the lot is located.(e) Conditions. In approving any conditional use permit, the authority may impose such reasonable standards, conditions, or requirements, as it may deem necessary to protect the public welfare and in order to ensure the approval will comply with the findings of this section. Such additional standards, conditions or requirements may include, but need not be limited to: (1) Financing and availability of adequate public facilities or services;(4) Payment of exactions;(6) Creation of special assessment districts;(7) Creation of restrictive covenants or easements;(10) Increased screening or landscaping requirements;(12) Development phasing;(13) Standards pertaining to traffic, circulation, noise, lighting, hours of operation, protection of environmentally sensitive areas, and similar characteristics; or(14) Require that a performance guarantee -acceptable in form, content, and amount to the authority be posted by the developer to ensure continued compliance with all conditions and requirements as may be specified. [Eff OCT 27 2012] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)