Zoning permits: when you need one and how to apply

When Required. No person shall undertake any construction or development or carry on any activity or use, for which a Zoning Permit is required by this Chapter, or obtain a Building Permit for construction, development, activity or use regulated by this Chapter, without first obtaining the required Zoning Permit.Applications. Applicants may file a written application with the Planning Department for a zoning permit of the required type on a form prescribed by the Planning Department. The application shall contain or be accompanied by:A non-refundable filing and processing fee in the amount indicated in Subsections (c)(1), (d)(1), (e)(1) or (f)(1), as applicable.A description of the property in sufficient detail to determine its precise location.A plot plan of the property, drawn to scale, showing all existing and proposed structures and any other information necessary:To show conformity with the standards established in this Chapter; andTo a proper determination relative to the specific request.Any other plans and information required by the Planning Department.Class I Zoning Permits.The filing and processing fee is $30.The Planning Director or designee shall check the application to determine whether the construction, development, activity, or use conforms to the standards established by this Chapter and may require additional information if necessary to make the determination.A Class I Zoning Permit shall be issued with or without conditions or denied by the Planning Director or by any member of the Planning Department to whom the Planning Director has delegated authority.If the Planning Director or designee fails to take action on a completed application within 30 days of its filing, unless the applicant assents to a delay, the application shall be deemed approved.An applicant who is denied a Class I Zoning Permit or who disagrees with the conditions that have been imposed on its issuance may appeal the decision to the Planning Commission in accordance with Subsection (g).Class II Zoning Permits.The filing and processing fee is $60.The Planning Director or designee shall check the application to determine whether the construction, development, activity, use or plot plan conforms to the standards established by this Chapter and may:Refer the application to any County or State department for comment or approval; andRequire additional information if necessary to make a determination.A Class II Zoning Permit shall be issued with or without conditions or denied by the Planning Director.If the Planning Director or designee fail to take action on a completed application within 30 days of its filing, unless the applicant assents to a delay, the application shall be deemed approved.An applicant who is denied a Class II Zoning Permit or who disagrees with the conditions that have been imposed on its issuance may appeal the decision to the Planning Commission in accordance with Subsection (g).Class III Zoning Permits.The filing and processing fee is $200.The Planning Director or designee shall check the application to determine whether the construction, development, activity, use, or plot plan conforms to the standards established by this Chapter and:Shall refer the application to the Department of Public Works and the Department of Water and may refer the application to any other County or State Department for comment or approval; andMay require additional information if necessary to make a determination.Within 45 days after the filing of a completed application, the Planning Director shall prepare a report that indicates the reasons supporting the issuance, issuance with conditions, or denial of the application. The reports shall be sent to the applicant, to the Planning Commission, to any persons who have duly requested the report, and shall be made public.The Planning Director may, within 45 days after the filing of a completed application, issue a provisional Class III Zoning Permit with or without conditions, or deny the permit, or determine that the application for the permit should be decided in the first instance by the Planning Commission.If the Planning Director issues a provisional Class III Zoning Permit, with or without conditions, he or she shall notify the members of the Planning Commission, and any persons who have duly requested such notice, of that action. The provisional permit shall become final unless within 30 days at least three members of the Planning Commission request review by the Planning Commission. In that case, the Planning Commission shall determine whether or not to issue the permit.If the Planning Director refers the application to the Planning Commission or if three members request Planning Commission review of a provisionally issued permit, the Planning Commission within 60 days of the reference or request for review shall issue the permit with or without conditions or shall deny the permit.If the Planning Director or the Planning Commission fails to take action within the time limits prescribed in this Article, unless the applicant assents to a delay, the application shall be deemed approved.An applicant who is denied a Class III Zoning Permit by the Planning Director, or who disagrees with the conditions that have been imposed on its issuance by the Planning Director may appeal the decision to the Planning Commission in accordance with Subsection (g).Class IV Zoning Permits.The filing and processing fee is $800, except where a Class IV Zoning Permit is only required because a Variance is necessary, in which case the fee is $50.The Planning Director or designee shall check the application to determine whether the construction, development, activity, use or plot plan conforms to the standards established by this Chapter and:Shall refer the application to the Department of Public Works, the Department of Water, and the County Transportation Agency, and may refer the application to any other County or State Department for comment or approval; andMay require additional information if necessary to make a determination.Within 60 days after the filing of a completed application, the Planning Director shall prepare a report that indicates the reasons supporting the issuance, issuance with conditions, or denial of the application. The report shall be sent to the applicant, to the Planning Commission, to any persons who have duly requested the report, and shall be made public.Within 60 days after the receipt of the Planning Director's report or within such longer period as may be agreed to by the applicant, the Planning Commission shall hold at least one public hearing on the application and issue the permit with or without conditions or deny the permit. Notice of the proposed public hearing shall be given to the applicant and shall also be published at least once in a newspaper of general circulation in the County, at least 20 days prior to the date of the hearing.In proceedings involving Use Permits within the Residential, Agriculture and Open Districts and for all project developments pursuant to Sec. 8-3.2, and for variances involving height limitations pursuant to Sec. 8-3.3, the following procedures shall apply in addition to the above paragraphs:The applicant, at least 12 days prior to the scheduled date of such hearing, shall either hand deliver written notice to persons listed on the current Notice of Property Assessment Card File located at the Real Property Division of the Department of Finance of the County of Kaua'i, or mail, by certified mail, written notice to the addresses shown on such Notice of Property Assessment Cards for at least 85% of all parcels of real property within 300 feet from the nearest point of the premises involved in the application to the nearest point of the affected property. For the purposes of this paragraph, notice to one co-owner shall be sufficient notice to all other co-owners of the same parcel of real property. For each condominium project within the affected area, one notice of the hearing shall be sent addressed "To the Residents, Care of the Manager," followed by the name and address of the condominium involved. The notice shall include the following information and shall be in a form approved by the Planning Director:Date;Time;Location;Purpose; andDescription or sketch of property involved.At least seven days prior to the hearing date, the applicant shall file with the Planning Commission an affidavit as to the mailing or delivery of such notice and a list of persons to which such notices were sent.Should the applicant fail to submit the affidavit within the time required, the public hearing shall be postponed. In this case, the Planning Commission shall reschedule another hearing within 60 days of the postponed hearing. The applicant shall be required to pay for the republication costs and shall follow the same notice requirements of this paragraph in the renotification of affected persons.If the Planning Director or the Planning Commission fails to take action within the time limits prescribed in this Article, unless the applicant assents to a delay, the application shall be deemed approved.Appeal. An applicant who seeks to appeal from an adverse decision of the Planning Director or designee shall file a notice of appeal with the Planning Director and the Planning Commission within 30 days after the adverse decision. If the appeal is from the denial of a Class III Zoning Permit, the Planning Director shall make the notice public and shall notify any persons who have duly requested notice of appeals. The Planning Commission shall consider the appeal within 60 days of the filing of the notice at a public session and shall render its decision within that period.After-the-Fact Permits. In addition to the Zoning Permit filing and processing fee(s), an application for a Zoning Permit for a structure partially or fully constructed without the required approvals and/or a use that has commenced prior to the required approvals shall have an additional filing, inspection, and processing fee(s) which is double that of the original filing and processing fee(s) or $500, whichever is greater.Fee Exemptions.A Zoning Permit application for a housing project or portions of housing projects that are developed to be affordable to low-income households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from the filing and processing fee required in Subsection (b)(1), provided such projects conform to applicable provisions of the County's affordable housing program.A Zoning Permit application for a housing project or portions of housing projects that are developed to be affordable to gap-group households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from 1/2 of the filing and processing fee required in Subsection (b)(1), provided such projects conform to applicable provisions of the County's affordable housing program.No exemptions shall be afforded for such housing projects from any fees or costs arising from compliance with Subsection (f)(4) or (h) of this Section.A Zoning Permit application for an additional rental unit certified by the Housing Agency as affordable housing shall be exempt from the filing and processing fee required in Subsection (c)(1), provided such project conforms to applicable provisions of the County's affordable housing program.