HomeMy WebLinkAboutBIL 204 Draft 02 2000-2002 COLJN°~Y O~ ~.AW~`~ ' S'I'A'r'E OF ~--IAAI`I
SILL NO. 204
(Draft 2)
OIZDINANCS NO.
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE RELATING TO DE MINIMIS STRUCTURE POSITION DISCREPANCY.
BE IT 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:
"O "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 (MCX), Limited
Industrial (ML), General Industrial (MG), Downtown Hilo Commercial (CDH), 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:
"Division 7. De 10'Iinimis Structure Position Discrepancy
Section 25-4-66. Procedure for recognizing a de minimis structure position
discrepancy.
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 minimis
structure position discrepancies.
(c) A description of the nature of the improvements involved in the de minimis structure
position discrepancies.
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(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.
~ A filing_fee of $25.00.
Section 25-4-67. Review by director.
Within fifteen 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.
Section 25-4-68. 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 yard 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.
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Section 25-4-69. Recognition of de minimis 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.
Section 25-4-69. Disclosure.
A de minimis structure position discrepancy shall be disclosed by the owner to subsequent
purchasers of the property in question.
Section 25-4-70. 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:
~
CO CIL ME BER, COUNTY OF HA ' AI`I
Hilo, Hawaii
Date of Introduction:
Date of 1 S` Reading:
Date of 2°`~ Reading:
Effective Date:
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