2026-03-02 Appellant's Supplemental Prehearing Brief

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12.Zoning Code, Section 25-4-61 Continuance of nonconforming uses of land and buildings, provides: (a) Any nonconforming use of land or use of a building may continue to the extent it existed on December 7, 1996 or at the time of the adoption of any amendments to this chapter, provided that a nonconforming use may be enlarged within the building it occupies, but shall not be enlarged or increased to occupy a greater area of land, nor shall it or the portion of the building housing it be moved in whole or in part to any other portion of the building site occupied by such nonconforming use, except as provided in this division. (emphasis added in bold, italics, and underline) 13.Zoning Code, Section 25-2-2. Issuance of permits or licenses in conformance with chapter, provides: All departments, officials, and public employees authorized to issue permits or licenses shall conform to the provisions of this chapter and no permit or license for any use, building, or other purpose shall be issued where the license or permit would be in conflict with the provisions of this chapter. Any permit or license, if issued in conflict with the provisions of this chapter, shall be void. (1996, ord 96-160, sec 2; ratified April 6, 1999.) (emphasis added in bold, italics, and underline) 14.HRS §205A-26 Special management area guidelines: In implementing this part, the authority shall adopt the following guidelines for the review of developments proposed in the special management area: (2) No development shall be approved unless the authority has first found: (B) That the development is consistent with the objectives, policies, and special management area guidelines of this chapter and any guidelines enacted by the legislature; and (C) That the development is consistent with the county general plan, community plan, and zoning; provided that a finding of consistency shall not preclude concurrent processing where a general plan, community 5