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MSY OF q1 <br /> <br /> Harry Kim Christopher 7. Yuen <br /> Mayor <br /> Direclur <br /> M~R'oi'il~'M' <br /> Roy R. Takemoto <br /> Deputy Dire[mr <br /> ~IILtTT~~1 I>r~ ~M~112ITT <br /> PLANNING DEPARTMENT <br /> 101 Pauahi Sweet, Suite 3 Hilo, Hawaii 96720-3043 <br /> (808)961-8288 Fax(808)961-8742 <br /> MEMORANDUM <br /> NO. 03-17 <br /> May 20, 2003 <br /> TO: STAFF ~ ~ <br /> FROM: CHRISTOPHER J. YUEN ~ ~ _ <br /> PLANNING DIRECTOR l~'-- <br /> SUBJECT: CONDITIONAL ZONING <br /> The purpose of this memo is to look at the question of when it is proper to have a <br /> rezoning condition that limits the uses that ordinarily come with the new zoning. There <br /> have been a number of examples: recently, we recommended a CV zone in Volcano that <br /> permitted commercial uses, but not some of the potentially noisier commercial uses, <br /> because it adjoined a residential area, and prohibited higher-density residential uses, <br /> because of the lack of a potable water system. There have also been many rezonings to <br /> smaller lot sizes, in the past decade, that limited future development to one house per lot, <br /> in effect not allowing the potential for an `ohana or additional farm dwelling. <br /> From the standpoint of overall land use policy, the ability to place conditions like these <br /> can be extremely useful. The Zoning Code is aone-size-fits-all prescription. Very often <br /> there are site-specific concerns that would make the rezoning unacceptable if all possible <br /> uses were allowed. And when we must consider all of the possible uses, and impose <br /> conditions suitable for the most intensive of those uses, we can put a burden on an <br /> applicant who might have a very limited and specific project in mind. For these reasons, <br /> zoning with site-specific conditions, including conditions that prohibit uses that might <br /> normally accompany the change of zone, is now a very common practice throughout <br /> most of the United States. See 1 Rathkopf, The Law of Zoning and Planning, sec. 44:1, <br /> Anderson, American Law of Zoning, sec. 9.20 (4`h ed. 1996). <br /> There have been legal questions raised about this practice in the past. Sometimes this is <br /> labeled "contract zoning", and there are examples of courts in the United States striking <br /> down conditions in a specific rezoning that varied from what is allowed in the zoning <br /> <br />