What are the legal requirements related to the regulation of zoning and land use?
The legal requirements related to the regulation of zoning and land use in Hawaii are determined by the State Constitution and State and county ordinances. Under the Constitution, the state legislature is given the power to regulate zoning and land use through statutes. The State Land Use Commission is responsible for zoning and land use, and this commission must consider environmental concerns, community health and safety, and economic factors when making decisions. In addition to state legislation, county governments also have the authority to set zoning and land use regulations through local ordinances. These ordinances are subject to appeal to the county board of zoning appeals. In general, regulations are designed to promote the health, safety, and welfare of the public. Zoning ordinances provide for the division of land into residential, commercial, industrial, and agricultural zones with allowable uses for each. Most counties also have a comprehensive plan which sets forth the goals and objectives of the county regarding the development of land. In addition, local governments may have regulations regarding height and bulk restrictions, parking, building permits, and lot size. It is important for anyone considering a land use project in Hawaii to understand the applicable zoning and land use laws before beginning any development. Failure to comply with the zoning and land use regulations can result in a variety of consequences including fines, penalties, or even criminal charges.
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