Laws and Land Use Controls in Hawaii

Which four of these are examples of private land use controls?

Easements

Deed restrictions

Liens

Eminent domain

CC&Rs

Taxation

Easements

Deed restrictions

Liens

CC&Rs

Sergio's lease includes a promise to park his vehicle in the garage, not on the street.

Condition

Restriction

Covenant

Covenant

key word: promise

Peter inherited his home from his grandfather under the condition that he will occupy the property himself.

Condition

Restriction

Covenant

Condition

key word: condition

The deed for Shawna's new home includes a clause that refers to rules listed in a master deed.

Condition

Restriction

Covenant

Restriction

key word: deed (deed restriction)

Eminent domain is the power of the government to take private land for public use.

True

False

True

Condemnation occurs when the government takes someone's property and offers just compensation based on the property's value.

True

False

True

A taking is a form of government seizure of property that isn't related to the public good.

True

False

False

Inverse condemnation occurs when private property is regulated by a government authority to the detriment of the land owner.

True

False

True

FAR (floor area ratio) describes a building's height.

True

False

False

a building on a property with an floor area ratio (FAR) of .5, as some detached houses do, then the total area of the building's floors must be less than half the area of the parcel.

FAR is calculated by dividing the gross floor area of a building by the total area of the lot.

True

False

True

Controls a property's density.

if the property has a FAR of 2, then the area of the building's floors will be double that of the parcel's area, and the building will have to be multi-story

The same FAR can describe a building that covers the entire lot, just half the lot, or just one-quarter of the lot.

True

False

True

FAR allows flexibility on a building's design, while enforcing a hard limit on its density.

FAR includes all structures that will be inhabited, plus any parking areas or structures.

True

False

False

Sometimes downzoning is used to limit sprawl and overgrowth of cities.

True

False

True

Downzoning isn't used for conservation or recreational purposes.

True

False

False

Homeowners living in an area when downzoning occurs will usually be grandfathered in.

True

False

True

Homeowners adjacent to a downzoned area who believe the downzoning has harmed their property value can claim inverse condemnation.

True

False

True

If there's a conflict with regard to building codes, the less strict code prevails.

True

False

False

If there's no state or local building code to cover a situation, the national code applies.

True

False

True

The Hawaii Land Use Act of 1961 was designed to address problems that arose from poorly planned development.

True

False

True

The Hawaii Department of Land and Natural Resources has jurisdiction over beaches, coastal waters, fishing areas, hunting areas, and historical sites.

True

False

True

Accessory Dwelling Units (ADUs) can be sold, rented, or used as transient vacation units.

True

False

False

Property owners must file a declaration of restrictive covenants for the ADU with the Bureau of Conveyances or Land Court.

True

False

True

Which of the following statements best describes the concept of direct public ownership?

The taking of privately owned land for public use

The government's ownership of land for public uses

The government's authority to act to protect its citizens' health, safety, and welfare

The government's ownership of land for public uses

These public uses may include parks, roads, school, municipal buildings, and others.

Temporarily halts new property development with the community's best interests in mind

Nonconforming use

Moratorium

Special use permit

Variance

Moratorium

Permitted deviation in the requirements of the zoning ordinance

Nonconforming use

Moratorium

Special use permit

Variance

Variance

Allowed use in a zone that isn't normally permitted in the zone; requires permission of the planning board or another legislative body

Nonconforming use

Moratorium

Special use permit

Variance

Special use permit

Allows the owner to continue to use the property as originally zoned even though it doesn't meet current zoning regulations

Nonconforming use

Moratorium

Special use permit

Variance

Nonconforming use

This type of variance allows the owner to use the land for a purpose that would otherwise be prohibited by the zoning in place.

Use variance

Area variance

Use variance

A use variance allows the owner to use the land for a purpose that would otherwise be prohibited by the zoning in place.

In order to get this type of variance, the property owner must show that the hardship is unique and not endemic to the neighborhood.

Use variance

Area variance

Use variance

This type of variance allows the owner to use the land in a way that's not normally allowed by the physical or dimensional requirements of the current zoning.

Use variance

Area variance

Area variance

An area variance, on the other hand, allows the owner to use the land in a way that's not normally allowed by the physical or dimensional requirements of the current zoning.

The impact of the variance wouldn't be substantial.

Use variance

Area variance

Area variance

The property owner must show that the variance won't alter the essential character of the neighborhood.

Use variance

Area variance

Use variance

The result of the variance can't be achieved through any other means.

Use variance

Area variance

Area variance

To get a use variance approved, the owner has to show that the current zoning restrictions are causing the owner unnecessary hardship. The owner would have to meet four specific criteria:

-The property's economic benefit or use is eliminated due to current zoning. This claim would have to be accompanied by financial evidence of some sort.

-The hardship must be unique to this property, and not something endemic to the neighborhood.

-The requested variance must not alter the essential character of the neighborhood.

-The claimed hardship must not be self-inflicted.

The zoning board of appeals would need to consider if this area variance would be or could be:

-Undesirable or detrimental to nearby properties

-Achieved by any other means

-Substantial

-Detrimental to the physical or environmental conditions in the neighborhood

Sawyer owns a lot that is pie or triangle shaped, with the point of the triangle at the rear of his yard. Sawyer wants to build a garden shed in his back yard, but is having trouble meeting setback requirements because of the narrow width.

Use variance

Area variance

Area variance

Chloe lives in a bungalow in a neighborhood zoned residential. Recently she decided to open an in-home dog grooming business because she has so much experience with her own and her friends' dogs.

Use variance

Area variance

Use variance

Frank is a CPA who has a small tax services office downtown. He wants to open a branch on the west side of town, but the building he wants to purchase is in an area that was recently rezoned residential. Existing business owners in the neighborhood were grandfathered in.

Use variance

Area variance

Use variance

Taylor's town allows residents to keep backyard chickens on lots of at least one acre. Taylor would like to raise chickens, but her lot is only .88 of an acre.

Use variance

Area variance

Area variance

A special use permit requires a public hearing.

True

False

True

To obtain a special use permit, a property owner must demonstrate hardship due to the current zoning restrictions.

True

False

False

The zoning board of appeals will usually grant a special use permit if the proposed use is in harmony with local zoning ordinances and laws.

True

False

True