COM 0910.003 1996-1998 - Laserfiche WebLink

Home

V'Gl ,oil Stephen K. Yamashiro Richard Wurdeman Mayor Corpomuon Coin:d Irk O! M~~. CIIixnfu of ~FIf1T2Itt OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Streets Suite 325 • Hilo, Hav Vi 96720-4262 • (808) 961-8251 • Fax (808) 961.8622 July 30, 1998 TO: Bobby Jean Leithead-Todd, Chair Committee on Planning FROM: Patricia K. O'Toole Deputy Corporation Counsel RE: Condominium Property Regime This is in response to your memo in which you ask whether the Council can insert language into rezoning ordinances to restrict the development of CPRs. We believe that the Council cannot prohibit CPRs. This has been the consistent opinion of this office. Past opinions are attached for your reference. The condominium property regime is a form of land ownership which is authorized by State statute. Should the Council wish to prohibit CPR ownership in certain designated areas, it would be necessary to seek an amendment to Chapter 514A of the Hawaii Revised Statutes. The authority of the County under its zoning powers relates to land use, rather than land ownership. The zoning authority is described in §46-4, which states, in part: The zoning power granted herein shall be exercised by ordinance which may relate to: (l) The areas within which agriculture, forestry, industry, trade, and business may be conducted. (2) The areas in which residential uses may be regulated or prohibited. (3) The areas bordering natural watercourses, channels, and streams, in which trades or industries, filling or dumping, erection of structures, and the location of buildings may be prohibited or restricted. (4) The areas in which particular uses may be subjected to special restrictions. (5) The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered. (6) The location, height, bulk, number of stories, and size of buildings and other structures.