09-08-2010, 03:04 PM
Bob,
I agree with much of what you’ve expressed.
I would say that any use outside the designation of the zoning shouldn’t be permissible unless pre existing to the zone designation (no Ex post facto). This excludes givens, such as, farmers/ranchers who reside on their Ag land and sometimes require an onsite staff/crew to care for the ranch/farm. In nonconforming circumstances that are necessary to adjust for unforeseen circumstances that may otherwise render a real property useless (such as, a giant deep hole and a home built within it extends beyond the maximum heights allowed, thus nonconforming). Other Non-conforming circumstances could be a second kitchen in a pool cabana as the legislations intent wasn’t formed to exclude such second kitchens but were designed to stop multifamily dwellings from being present where not planned.
If the zoning is not adhered to, what’s the point of zoning? If there is a need for a service or what have you within a given zone that does not permit the activity, then the zone designation can be changed on that particular parcel through the appropriate channels. Nonconforming use is supposed to be very limited in application and only to fill in created gaps between legislation intent and circumstance based practical reality.
Anyhow… that’s my position.
E ho'a'o no i pau kuhihewa.
I agree with much of what you’ve expressed.
I would say that any use outside the designation of the zoning shouldn’t be permissible unless pre existing to the zone designation (no Ex post facto). This excludes givens, such as, farmers/ranchers who reside on their Ag land and sometimes require an onsite staff/crew to care for the ranch/farm. In nonconforming circumstances that are necessary to adjust for unforeseen circumstances that may otherwise render a real property useless (such as, a giant deep hole and a home built within it extends beyond the maximum heights allowed, thus nonconforming). Other Non-conforming circumstances could be a second kitchen in a pool cabana as the legislations intent wasn’t formed to exclude such second kitchens but were designed to stop multifamily dwellings from being present where not planned.
If the zoning is not adhered to, what’s the point of zoning? If there is a need for a service or what have you within a given zone that does not permit the activity, then the zone designation can be changed on that particular parcel through the appropriate channels. Nonconforming use is supposed to be very limited in application and only to fill in created gaps between legislation intent and circumstance based practical reality.
Anyhow… that’s my position.
E ho'a'o no i pau kuhihewa.