Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Department of Business, Economic Development and Tourism › Chapter 15 - LAND USE COMMISSION RULES › Subchapter 12 - SPECIAL PERMITS › Section 15-15-95 - Petition before county planning commission

Current through June, 2024
(a) Any
				  person who desires to use land within an agricultural or rural district for
				  other than a permissible agricultural or rural use may petition the county
				  planning commission of the county within which the land is located for a
				  special permit to use the land in the manner desired; provided that if the
				  person is not the owner or sole owner in fee simple of the land, the record
				  shall include evidence that the person requesting the special permit has
				  written authorization of all fee simple owners to file the petition, which
				  authorization shall also include an acknowledgement that the owners and their
				  successors shall be bound by the special permit and its conditions.
(b) Special permits for areas greater than
				  fifteen acres require approval of both the county planning commission and the
				  commission. Special permits approved by the county planning commission and
				  which require commission approval must be forwarded to the commission within
				  sixty days following the county planning commission's decision. The county
				  shall assure that prior to the county hearing on the petition for special
				  permit, copies of the special permit petition are forwarded to the land use
				  commission, the state office of planning, and the department of agriculture for
				  their review and comment. The decision of the county planning commission
				  recommending approval of the special permit, together with the complete record,
				  including maps, charts, other exhibits and other evidence, and the complete
				  transcript of the proceeding before the county planning commission must be
				  transmitted to the commission. Unless otherwise required by the commission, the
				  planning commission shall file with the commission an original, one paper copy
				  of the complete record, together with an electronic copy of the complete
				  record. The number and format of copies required under this section may be
				  modified by order of the commission.
(c) Certain "unusual and reasonable" uses within agricultural and
				  rural districts other than those for which the district is classified may be
				  permitted. The following guidelines are established in determining an "unusual
				  and reasonable use":
(1) The use shall not
				  be contrary to the objectives sought to be accomplished by chapters
				  205 and
				  205A, HRS, and the rules of the
				  commission;
(2) The proposed use
				  would not adversely affect surrounding property;
(3) The proposed use would not unreasonably burden public agencies
				  to provide roads and streets, sewers, water drainage and school improvements,
				  and police and fire protection;
(4)
				  Unusual conditions, trends, and needs' have arisen since the district,
				  boundaries and rules were established; and
(5) The land upon which the proposed use is sought is unsuited for
				  the uses permitted within the district.