Land Use, Zoning and Planning Lawyers in Honolulu County, Hawaii
The laws governing how land can and cannot be used in Honolulu County, Hawaii are fairly complex, and can be confusing to laypersons. This should provide a basic overview.
Localities typically divide their jurisdictions into segments, referred to as "zones," on which particular types of use are permitted. For example, one area of a town might be zoned for residential use, a nearby one for commercial use, and areas on the outskirts zoned for industrial use. This practice is called "zoning."
Local governments have many different reasons for enacting zoning laws, ranging from ensuring that residential areas are peaceful and quiet, to protecting property values. For example, most people wouldn't buy a home in a neighborhood where they knew it was possible for a neighbor to turn their house into a factory.
Zoning laws generally acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be conducted in residential areas.
What if My Property Violates Honolulu County, Hawaii's Zoning Laws?
Suppose you find that some condition on your land is in violation of Honolulu County, Hawaii's zoning laws. In cases like this, you have quite a few options.
The most obvious solution is to correct the problem, so your property is no longer in violation of local zoning laws. If the violation is minor, and correcting it would not be very costly, this is likely the best way to go.
But what happens if you've invested a large amount of effort and money into improving your land, and you later discover that you've committed some relatively minor zoning violation? You are generally entitled to seek what is known as a "variance" in these cases. A variance is simply when your local government makes a small exception to the zoning rules to accommodate a small violation that would be difficult to fix. A variance will usually be granted if the violation doesn't harm anyone, and enforcing Honolulu County, Hawaii's zoning laws to the letter would not, in this case, advance their purposes.
Also, if the zoning laws covering your property have changed, and some aspect of it is now violating the new rules, these changes can generally not be enforced against you, because it would be unfair to apply a new law retroactively.
Find a Honolulu County Lawyer that Specializes in Your Area of Need:
How Can a Honolulu County, Hawaii Attorney Help?
If you are in the process of physically altering your property, you are almost certain to face some issues having to do with local zoning laws. If you find that zoning laws are making it very difficult to use your property as you see fit, you may have legal recourse, usually in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the help of a qualified Honolulu County, Hawaii attorney.
