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HAYASHI: A Special Permit is a permit that is allowed or granted through the <br />Planning Commission for any use that is requested and that is not allowed within the <br />State Land Use Agricultural or Rural districts; and that comes before the Planning <br />Commission. For instance, if you wanted to have a church within a property that is <br />designated Agricultural by the State, and if the property is less than 15 acres and you <br />wanted to establish that church, then you would apply and it will come before this <br />particular body for approval. A Use Permit is a permit that is required for certain uses <br />that are not allowed by the County’s zoned district. And the Zoning Code specifies what <br />kind of uses may be submitted and approved through the Use Permit process. So that’s <br />basically the difference between the two. One is the State, because of the State Land Use <br />Law you’re required to submit the Special Permit for certain uses that are not allowed <br />within the Agricultural and Rural districts. A Use Permit would be on the County level, <br />it’s a County zoning, a permit that is approved as a result of what’s stated in the County <br />Zoning Code. So that’s basically on the County level. <br />DOMINGO: So then an applicant can come in, if a certain use is stipulated and <br />permitted, you can just come in and apply the permit for that and go ahead and build <br />whatever they want to? <br />HAYASHI: That’s correct. If you’re referring to say if a windmill is proposed <br />within the State Land Use Agricultural district and County Agricultural district, that is an <br />outright permitted use, both on the State and County level. So basically what they would <br />do is come in for a building permit. <br />GRAHAM: Any other Commissioners? <br />DOMINGO: You know, one more thing. <br />GRAHAM: One more thing. Commissioner Domingo. <br />DOMINGO: Thank you. For instance, like telecommunication antennas, you <br />can just go in the Agricultural district and put one up, yeah? <br />HAYASHI: Right now, that’s a question that we’re still dealing with -. Prior to <br />this past Legislative session telecommunication antennas were required to obtain a <br />Special Permit if they were within the State Land Use Agricultural district. However, <br />this past session the Legislature adopted the change to the Land Use Law which would <br />allow telecommunication antennas as a permitted use within the State Land Use <br />Agricultural District. There’s some matter of interpretation as to what constitutes an <br />antenna or a tower. So that’s something we’re still trying to deal within our Department. <br />YUEN: Well, the antenna is allowed now, the tower still needs a Special <br />Permit. <br />GRAHAM: Thank you, Mr. Yuen. <br /> EXHIBIT C <br />4 <br /> <br />