06-26-2012, 04:52 AM
quote:Dan, no clarification yet?
Originally posted by DanielP
In Hawaii County is there not a two step process?
1. Zoning,
2. Use Permit
The Zoning defines the general allowable use of the land.
The Use Permit addresses the specifics of a particular project;
ie. Motel or Restaurant or Flower Stand.
A new Use permit is required every time the type of use changes, the zoning doesn't.
Zoning establishes what will be allowed within the area set for that zoning. They will include many items, some that are called by right and others by permission.
"By Right" means that once the zoning is established, you can conduct those allowed uses without any additional zoning considerations or approvals. "By Permission" means that within that zoning, there are some of those allowed uses that due to their potential to be disruptive or incompatible with the community, additional permission is required for that particular use.
Let’s say they establish a zoning called Retail. Within the Retail Zoning you can have retail stores, you can have café’s, you can have a small personal service business, and you can have small office operations. Those uses are "By Right". Now, within that zoning they also allow retail auto service stores and retail liquor sale, but due to the potential disruption or incompatibility, an additional authorization (Use Permit) is required before that particular listed allowed zoning use can occur. The USE itself is allowed but with the requirement of additional permission to ensure that it is neither disruptive nor incompatible with the community.
So as it addresses your question, Use or Special Use Permits are a sub section of the zoning process but is only required for those uses that are allowed in the zoning but must undergo an additional approval process due to its potential for disruption and/or incompatibility.