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§ 34-4 HAWAII COUNTY CODE (3) The permittee is in compliance with the terms of such agreement, ordinance, and SMA permit. Provided, this exception shall not apply to any application to amend an SMA permit to allow an increased number of dwelling units or more than a nominal increase in commercial or resort activities, as the director shall determine. When applying the standards of this chapter to applications for amendment or replacement of a valid SMA permit which are not excepted herefrom, the director and the planning commission shall take into account any prior, appurtenant dedications or contributions of land, improvements or cash for public access or shoreline area improvements. (g) Where a lot or building is subject to a valid conservation district use permit, the director may waive provisions of this chapter which conflict with such permit. (1996, ord 96-17, sec 2.) Article 3. Requirements. Section 34-5. Subdivision and development of land. The following standards for public access shall apply: (a) Shoreline Access. (1) For lands in the RS, RD, RM, V, CO, CN, and CV districts, the desired spacing of public accesses shall be from eight hundred to one thousand feet apart. (2) For lands within a destination resort community or a major, intermediate or minor resort area as defined in the general plan and determined by the director, regardless of the zone district designation(s), the desired spacing shall be from one thousand to two thousand feet apart, provided that the planning commission may extend the spacing to a maximum of two thousand five hundred feet where deemed warranted by site conditions, the particular development plan, or when other special accommodations are provided the public with regard to public access, convenience and comfort. (3) For lands within the A districts, the desired spacing of public access shall be one thousand to one thousand five hundred feet apart for lands zoned A-la, and one thousand five hundred to two thousand five hundred feet apart for all other zoned districts. (4) For lands in the 0 and U districts, the desired spacing shall be two thousand to two thousand five hundred feet apart. (5) The desired spacing shall not be applicable along sections of shoreline where the director has determined that: (A) The shoreline is inaccessible by land approach due to extremely hazardous or impassable conditions, such as steep cliffs or other dangerously unstable terrain where no practical remedy is feasible; and (B) No public coastal trail exists inland of such intervening hazardous or impassable lands and which leads to an accessible shoreline or public shoreline area within five thousand feet of the subdivision or development. 34-4