Cross References
Zoning within land use districts, see §§205-5, 6.
See also county charters.
Rules of Court
Appeal to circuit court, see HRCP rule 72.
Attorney General Opinions
Counties have the power to prescribe lot sizes within an agricultural district established by the state land use commission. Att. Gen. Op. 62-33.
Preempts conflicting county fire and building codes. Att. Gen. Op. 84-7.
Immunity of state land from county planning and zoning laws extends to private nonprofit lessee undertaking park project in public interest. Att. Gen. Op. 86-3.
Law Journals and Reviews
Kaiser Hawaii Kai Development Company v. City and County of Honolulu: Zoning by Initiative in Hawaii. 12 UH L. Rev. 181.
Honolulu's Ohana Zoning Law: To Ohana or Not to Ohana. 13 UH L. Rev. 505.
The Lum Court, Land Use, and the Environment: A Survey of Hawai`i Case Law 1983 to 1991. 14 UH L. Rev. 119.
The Manoa Valley Special District Ordinance: Community-Based Planning in the Post-Lucas Era. 19 UH L. Rev. 449.
Case Notes
Where county officials assured developer that developer's plans met zoning requirements and developer expended substantial sum in reliance, the city was estopped from denying developer a building permit under a subsequently enacted ordinance. 60 H. 446, 592 P.2d 26.
Section does not relate to a city's executive, legislative and administrative structure and organization; zoning by initiative is impermissible. 70 H. 480, 777 P.2d 244.
Public utilities commission has the authority to regulate the height of utility poles. 72 H. 285, 814 P.2d 398.
Grandfather protections afforded a property owner under this section and land use ordinance intended to prohibit new zoning ordinances from interfering with an owner's lawful uses of a building or premises under an existing zoning ordinance. 86 H. 343 (App.), 949 P.2d 183.
"Lawful use" and "previously lawful", as used in this section and land use ordinance, respectively, refer to compliance with previous zoning laws, not the building codes or other legal requirements that may be applicable to the construction or operation of a structure. 86 H. 343 (App.), 949 P.2d 183.