COM 0048.000 2010-2012 - Laserfiche WebLink

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districts that allows one to apply for a Use Permit or a Commercial -type of zoning, which allows schools as an outright permitted use. But rezoning a particular parcel to a Commercial -type of zone district is not always desirable or may conflict with the land use pattern for that particular area. Once a Commercial -type of zoning is established, a range of other uses such as stores, restaurants and other possibly incompatible uses will then be permitted. Rather than attempt to manipulate the zoning of a parcel, we feel that the most effective and direct approach is the preferred course of action, which is to amend the Zoning Code to simply allow someone the opportunity to apply for a Use Permit. The basic intent of this proposed amendment is clear. It is to provide an opportunity for a landowner to apply for a Use Permit to establish a school on properties with a zoning classification other than a Commercial -type district. Like other applicants for a Use Permit, the landowners /applicant must still come before the Planning Commission who must then determine whether its approval would be consistent with the guidelines for the issuance of a Use Permit as defined within the Zoning Code. Use Permits also affords the Planning Commission an opportunity to provide greater control over the use of land by limiting the scope of use, hours of operation and other factors that zoning itself may not allow. RECOMMENDATION For the reasons stated above, the Planning Director recommends that the Planning Commission forward a favorable recommendation of the accompanying bill to the County Council to amend Chapter 25, Article 2 and Article 5 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to Use Permit and Schools. -3-