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is HAIYAXI— TEMBITORIAL PLANNING BOARD
<br />the prevention of undesirable building, and by
<br />street standardization in uses, widths and mate-
<br />rials. No argument is necessary to convince the
<br />most skeptical that a community which offers the
<br />most comforts and conveniences, from a living and
<br />business standpoint, is the most naturally adver-
<br />tised by its inhabitants and consequently becomes
<br />magnetic to others."
<br />ZONYNG. —A zoning ordinance is a vital element of city
<br />planning. It is a part of both city and community plan-
<br />ning, designed "to promote and protect the health,
<br />safety, morals, convenience, prosperity and general
<br />welfare of the inhabitants of the country."
<br />Legislation to permit cities to zone has been enacted
<br />in all States except Washington. Insofar as county plan-
<br />ning is concerned, however, we have even in a State
<br />such as New York, the present absence of power on the
<br />part of any county to plan,
<br />Ours. being a democratic country, the principles of
<br />self - government require that the legislative body which
<br />is closest to the people shall be the agency to give legal
<br />status to a zoning plan. Therefore, we do not have
<br />National zoning or State (Territorial) zoning; but we do
<br />have county (urban and rural) zoning and city zoning.
<br />However, it seems to be well established legally that
<br />even counties and cities are not permitted to adopt zon-
<br />ing regulations without an adequate grant of power
<br />from the State legislature. Since Hawaii does not have
<br />specific enabling legislation for general county plan-
<br />ning and zoning the question arises as to whether under
<br />our Organic Act, counties which desire to take advan-
<br />tage of planning and zoning will have to secure pas-
<br />sage by the Legislature of acts to authorize the use of
<br />such powers.
<br />In the States, counties and municipalities may adopt
<br />zoning ordinances only in accordance with the provi
<br />sions of enabling legislation... Unincorporated commu -.
<br />nities, if community planning commissions have been
<br />established in accordance with community planniiiig
<br />acts, may also take advantage of the municipal zoning
<br />act.
<br />Quoting _ from one of the many typical reports on
<br />modern zoning:
<br />"Zoning is a specialized process, more planning
<br />than law.; . Unskilled zoning. is likely, in the large
<br />run, to do more harm than good. It may lead to
<br />avoidable expensive legislation; may be ineffec-
<br />tive; may impose unnecessary or unwise restric-
<br />tion; or may fail to give protection where needed....
<br />"County zoning will, of course, be, governed by
<br />the provisions of the special permissive legisla-
<br />tion. If the model enabling act is used, the zoning
<br />plan and maps must be prepared by the county
<br />regional planning commission and certified to the
<br />quarterly county court. The county court is re-
<br />quired to hold a public hearing thereon, notice of
<br />which must be given at least thirty days in ad-
<br />vance. Following the public hearing, the county
<br />court may, by resolution, adopt the plan. If the
<br />zoning regulations are enacted, the county court
<br />is required to create a County Board of Zoning
<br />Appeals of 3 to 5 members. For the enforcement
<br />of the zoning regulations, the county court is em-
<br />powered to establish and fill the position of County
<br />Building Commissioner, and the building commis-
<br />sion is authorized to withhold building permits un-
<br />less the contemplated use conforms to the zoning
<br />plan.
<br />"Under the provisions of the enabling legisla-
<br />tion, zoning plans for municipalities are to be pre-
<br />pared by the municipal planning commission and
<br />then certified to the chief legislative body of the
<br />municipality. A public hearing on the plan must
<br />be held, notice thereof of at least 15 days being
<br />required. After the public hearing, the municipal
<br />legislative agency may adopt, by ordinance, the
<br />zoning plan and make provision for its enforce-
<br />ment. At the same time it is empowered to create
<br />a board, of zoning appeals of 3 to 5 members.
<br />"The community planning act extends the pro-
<br />visions of the municipal zoning act to those un-
<br />incorporated communities which have established
<br />planning commissions in accordance with the ex-
<br />isting law. In that event, the county court is desig-
<br />nated as the chief legislative body of the commu-
<br />nity. "a
<br />The legality of zoning was settled by the United
<br />States Supreme Court in the Euclid Village Case of
<br />1926. The decision rendered there "gave a summary
<br />of the history of the transition to a recognition of the
<br />value and necessity of zoning, but cases can still arise
<br />as to the reasonableness of the particular regulations."
<br />The Supreme Court held that:
<br />"(1) Zoning is justified under the police power;
<br />"(2) The legislative judgment must control unless
<br />clearly arbitrary as to the validity of the classi-
<br />fication; and
<br />"(3) A zoning ordinance must not pass the bonds of
<br />reason and bean arbitrary fiat. "b
<br />In his "Zoning," Bassett says:
<br />"The state legislature is the repository of the
<br />police power. The enabling act for zoning is the
<br />grant of this power to municipalities for regulat-
<br />ing the height, area and use of buildings and the
<br />use of Iand. In the exercise of this grant the regu-
<br />lations must be reasonable and not arbitrary or
<br />discriminatory."
<br />Thus, insofar `as Mainlantd. practice is concerned, be-
<br />fore any community; undertakes zoning it must make
<br />sure that it has the power' to. pass zoning ordinances.
<br />A general State enabling act passed by the State legis-
<br />lature is always desirable., , While the power to zone
<br />may, in some: States;' be derived from statutory home
<br />rule, still it is. seldom that` home rule powers cover
<br />all the necessary provisions for successful zoning.
<br />"Reasonableness ' .1 is easily the one most important
<br />guide -word in zoning progress. Zoning must recognize
<br />"nonconforming use." It must not favor any partic-
<br />ular private interests. Like planning, it is a very
<br />dynamic thing. It cannot be put away on the shelf as
<br />It completed provision. It has been aptly said that
<br />"eternal vigilance is the price of safe zoning."
<br />During the years 1926 -28, an Advisory Committee on
<br />Zoning of the U. S. Department of Commerce prepared
<br />"a standard State zoning enabling act" under which
<br />municipalities may adopt zoning regulations. This
<br />standard form of State enabling act for zoning has
<br />been adopted in whole or in part by many States and
<br />has been one of the causes for the spread of zoning
<br />throughout the nation.
<br />Having become one of the most important devices
<br />for making . planning effective, zoning was begun in
<br />this country by the State of New York in 1916. At
<br />the present time nearly three - fourths of the urban
<br />population of the United States live in municipalities
<br />which have adopted comprehensive zoning ordinances.
<br />Through law and ordinance, zoning is a recognition
<br />that all parts of an area are not alike and that the
<br />health, safety and general welfare of a community
<br />demand differentiation among them. Zoning has two
<br />aspects: legal and social. Legally, zoning is the reg-
<br />ulation of the use of private property for the purpose
<br />of "promoting the health, safety, morals, convenience,
<br />order, prosperity and welfare of the people." Socially,
<br />zoning is the expression of cooperative action of the
<br />citizens of a community "to stabilize and conserve
<br />values, to insure for the future the best use of land
<br />and to prevent the blight resulting from a mixture of
<br />harmful uses."
<br />In municipalities. zoning involves the . regulation of
<br />the "location, height, bulk, number of stories and size
<br />of buildings and structures; the percentage of the lot
<br />which may be occupied, and sizes of yards, courts and
<br />-Tennessee Planning Board: "Planning and Zoning Legislation in
<br />Tennessee " p. 13.
<br />n B, S. Departuaent of Agriculture, Ilivision of Land Economics, 3936:
<br />"Rural Zoning," P. 11.
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