HomeMy WebLinkAboutBIL 204 Draft 01 2000-2002 COZJN`I'~' O~ ~1"`~ S°T1~T`~ OF ~,~I`I
SILL NO. ~ 04
OIiDIN1~NCE NO.
AN ORDINANCE AMEN-DING CHAPTER 25 (ZONING CODE) OF THE HA4~'AII
COUNTY CODE RELATING TO DE MINIMIS STRUCTURE POSITION
DISCREPANCY.
BE I'T ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose and Findings. The County Council finds that with more
modern surveys, it is sometimes discovered that a structure has been inadvertently
located a small distance into a required yard or open space. Section 669-11, 12 and 13 of
the Hawaii Revised Statutes, legitimated "de minimis" encroachments of improvements.
The purpose of the amendment is to apply the same principle to similar minor
encroachments into required yards and open spaces.
SECTION 2. Section 25-1-5 (Definitions), Chapter 25 of the Hawaii County
Code is amended by adding the following definition:
"De minimis structure position discrepancy" means a difference between
the distance from a property boundary required by the Zoning Code for a yard or open
space and. the actual distance, of not more than the following:
(a) For property zoned Multiple-Family Residential (RM), Residential-Commercial
Mixed Use (RCX), Resort-Hotel (V), Neighborhood Commercial (CN), General
Commercial (CG), Village Commercial (CV), Industrial-Commercial Mixed
~iICX), Limited Industrial (ML), General Industrial (MG), Downtown Hilo
Commercial (CDII), or within a Planned Unit Development (PUD), Cluster Plan
Development (CPD~, or Project District (PD): 0.25 feet;
(b) For property zoned Single-Family Residential (RS) or Double-Family Residential
(RD): 0.5 feet;
(c) For property zoned Residential and Agricultural (RA), Family Agricultural (FA),
Agricultural (A), Intensive Agricultural (IA), or Agricultural Project District
~APD): 0.75 feet."
SECTION 3. Article 4 (General Development Regulations), Chapter 25 of
the Hawaii County Code is further amended by adding a new Division 7 as follows:
"Divisi®n 7. De 1Vlinignis Structure P®sition Discrepancy
Section 25-4-66. Pr®ceslure far recognizing a de minimis structure ®sition
ciiserepancy.
An application for recognition of a de minimis structure position discrepancy shall be
filed with the director and shall include:
~a) A description of the property in sufficient detail to determine the precise location
of the property involved.
(b) A plot plan of the property, prepared by a licensed surveyor, showing existing
improvements, and the improvement(s) and relevant distances for the de mi~umis
structure_position discrepancies.
(c) A description of the nature of the improvements involved in the de minimis
structure position discrepancies.
2
(d) A statement by the landowner that to the best of the landowner's knowledge and
information, the improvements were placed without actual knowledge that they
did not meet the minimum yard or open space requirements.
Sectioa~ ~~-4-67. ~evievv lby director.
Within f fteen days of receipt of the application, the director shall either accept the
application as complete, or reject it as incomplete, in writing. Any rejection shall list the
deficiencies in the application. The director shall approve or deny an application for recognition
of a de minimis structure position discrepancy within twenty-five (25) days after acceptance of
the completed application. If the director does not approve or deny the application within
twenty-five (25) days of acceptance, the application shall be deemed approved.
Sectioa~ ~~-4-6~. Grounds for approval or denial.
The director shall approve an application for recognition of a de minimis structure
position discrepancy unless:
(a) The discrepancy is greater than the difference as allowed by the de minimis structure
position discrepancy definition, or
(b) The director finds that the improvement was placed with knowledge that it would violate
the minimum~ard or open space requirements; or
(c) The improvement could be moved, or the discrepancy otherwise corrected, without
significant expense, difficulty, or hardship to the applicant.
Section ~5-4-6g. ~tecognition o€ de axainianis structure position discrepancy.
If the director accepts the application for recognition of de minimis structure position
discrepancy, the director shall notify the applicant in writing that the discrepancy is not a
violation of the zoning code and that it may remain in place without a variance.
3
Secti®n 2~-4-69. I)iscl®sure.
A de minimis structure position discrepancy shall be disclosed by the owner to
subsequent purchasers of the property in question.
Secti®n 2~-4-7Q. Appeals.
The director's decision with respect to a de minimis structure position discrepancy is
appealable to the Board of Appeals."
SECTION 4. Severability. If any provision of this ordinance or application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
/
COL1,~,`IL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1`` Reading:
Date of 2"~ Reading:
Effective Date:
,.mot...
APPROVED AS TO FORM AND LEGALITY:
LINCOLI~,T ASHIDA
Corporation Counsel
Dated:
P:wpin60\Eileen\draft ordinance de minimis 1-14-02
4