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HomeMy WebLinkAboutORD 1946-149By Authority COUNTY OF HAWAII TERRITORY OF HAWAII Ordinance No. 149 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF USE ZONE DISTRICTS IN THE CITY OF HILO, BY REGULATING AND RESTRIC'ITNG THE CLASS AND USE OF BUILDINGS, AND THE USE OF THE LANDS THEREIN; PROVIDING FOR CHANGES IN THE REGULA- TIONS, RESTRICTIONS AND BOUNDARIES OF SUCH USE ZONE DISTRICTS; PROVIDING FOR ENFORCEMENT; AND IM- POSING PENALTIES. BE IT ORDAINED BY THE BOARD OF SUPERVISORS IN AND FOR THE COUNTY OF HAWAII: SECTION 1. Short Title: This ordinance shall be known as the `Zoning Ordinance" and the map herein referred to shall be known as the "Official Zone Map". SECTION 2. Definitions: For the purpose of this ordinance, certain terms and words are herein defined as follows: Words used in the present tense include the future; words in singular number include the plural, and words in the plural number include the singular; the word "building" in- cludes the word °sructure"; and the word "shall" is mandatory and not directory. City of Hilo:-The city of Hilo shall consist of all of that portion of the district of South Hilo, County of Hawaii, which is described as fol- lows: Bounded on the south by the district of Puna; bounded on the west by the districts of Kau and North Hilo; on the north by the Ahupuaa of Paukaa in the district of South Hilo; and on the east by the sea. Accessory Building: A subordinate building or portion of the main building, the use of which is purely incidental to that oY the main build- ing. Servants' Quarters; An accessory building the use of which is inci- dental to that of a dwelling, wherein no kitchen shall be constructed. Dwelling: Single family. A de- tached building designed for or oc- cupied exclusively by one (1) family. Duplex: ATwo-family dwelling. Hotel: Any building or portion thereof designed or used for the sup- plying of shelter and/or food to resi- dents or guests and containing more than twenty (20) sleeping rooms for guests. Lodging house: A building with not more than ten QO) guests whece lodging is provided for compensation. Apartment House: Any house or building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the residence of two or more families living independently pf each other and doing their cook- ing in the building. Lot: A parcel of land occupied or to be occupied by a building or unit group of buildings and accessory buildings, together with such yards, open spaces, lot width, and lot area as are required by this Ordinance or other ordinances of the County of Hawaii. Area Regulation: On every lot in the residential districts there shall be the minimum lot requirement as prescribed herein, and the spacing of buildings shall be in conformity to the requirements of Ordinance 103, as amended, unless otherwise speci- fied herein. Non-conforming Use: A building or land occupied by a use that does not conform with the regulations of the district in which it is situated. Structure: Anything that is con- structed or erected, and the use of which requires more or less perma- nent location on the ground, or at- tached to something having more or less permanent location on the ground. SECTION 3. Use Districts: A. In order to regulate and re- striot the location of trades, busi- ness, industries, residences and other uses, and the location of buildings, designed, erected, altered or occu- pied for special purposes; to regu- late and limit the height and size of buildings hereafter erected, or al- tered; to regulate and determine the area of yards and other open spaces; and to regulate and limit the den- sity of the population of the Oity of Hilo, there shall be the following use districts: 1. Class "A" Residential Districts 2. Class "B" Residential Districts 3. Class "C" Residential Districts 4. Class "D" Two Family Dwelling Districts 5. Hotel and Apartment Districts 6. Business Districts 7. Light Industry Districts 8. Industrial Districts 9. Noxious Industry Districts 10. "Al" Agricultural Districts 11. "A2" Agricultural Districts. B. The boundaries of each use dis- trict, as established under the pro- cedure set forth in Section 5 of Or- dinance No. 146 of the County of Hawaii, shall be indicated on the official Zone Map, which shall be kept on file in the office of the Planning and Traffic Commission of Hilo and the County of Hawaii. C. Except as hereinafter provided, (D no building shall be erected, re- constructed or structurally altered; nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located; (2) no building shall be erected, recon- structed or structurally altered to exceed the height limit as provided in Ordinance 103, County of Hawaii, as amended, or as hereafter amend- ed; (3) no lot area shall be so re- duced or diminished thaC the yards or other open spaces shall be small- er than prescribed by this ordinance or by other ordinances of the Coun- ty of Hawaii; (4) no yard or open space provided about any building for the purpose of complying with the provisions of this ordinance or other ordinances of the County of Hawaii shall be considered as pro- viding a yard or open space of the adjoining lot whereon a building is to be erected. D. Keeping and Raising of Swine The keeping or raising of any swine shall be prohibited within any use districts except as provided in Section 21 hereof and those areas zoned for "Al" agricultural purposes. SECTION 4. Use Districts in the Rural Districts: In the rural districts of the Coun- ty of Hawaii, being all districts out- side of the City of Hilo, the various use districts enumerated in the fore- going section may be set aside or es- tablished under the procedure set forth in Section 5 of Ordinance No. 146 of the County of Hawaii, or changes or variances established in accordance with the provisions of Section 22, 23, 24, or 25, provided, however, that all parts of the rural districts not so set aside or estab- lished shall remain and be subject to all requirements and restrictions of this ordinance and Ordinance No. 103, as amended, now or hereafter made applicable to rural districts. SECTION 5. Residence District Regulations: A. Within any Class "A", "B", "C", or "D" residential district, no build- ings or premises shall be used, and rto buildings shall be erected or structurally altered, unless otherwise legally provided, except for one or more of WE; following uses: 1. One family dwellings 2. Churches, convents 3. Hospitals and sanitariums; pro- vided, Lhey are looated at least fifty feet from all interior lot lines 4. Schools -elementary and sec- ondary 5. Institutions of a philanthropic nature 6. Libraries, museums, parks, play- grounds which are not conduct- ed for profit 7. Greenhouses S. Flower or truck gardens 9. Accessory buildings There may be the usual neces- sary buildings in connection with any use enumerated herein, in- cluding aprivate garage of such size as may be necessary for the use of occupants; such accessory buildings shall include buildings used for servants quarters, pro- vided that the front yard, side yard, rear yard and other legal requirements have been com- plied with. 10. The renting of rooms, or the furnishing of table beard for not more than three persons in any sach dwelling, may be permit- ted. Other uses customarily in- cident to any of the above uses including home occupations, such as dressmaking, providing no help is hired, or the office of a physician, surgeon, or dentist shall be permitted in the resi- dence district; provided, how- ever, that no advertising sign shall be permitted. B. Poultry Raising The keeping of poultry for com- mercial purpose shall not be permit- ted in any Residential Districts, but same may be permitted in all Resi- dential Districts as an incidental use for family purpose and further sub- jact to sanitary regulations. SECTION 6. Class "A" Residen- tial Districts; Within any of the Class "A" resi- dential districts, no dwelling referred to in Section 5 shall be constructed on any lot having an area of less than fifteen thousand square feet. There may be one or more such sin- gle family dwellings on any lot hav- ing an area of thirty thousand square feet or more, provided there is not less than fifteen thousand square feet of lot area for each dwelling. The foregoing area requirement shall not apply to the building of a single family dwelling on a lot less than fifteen thousand square feet in area where the existing boundaries of such a lot were actually estab- lished prior to enactment of this ordinance. SECTION 7. Class "B" Residen- tial Districts: Within any of the Class 'B" resi- dential districts, no dwelling re- ferred to in Section 5 shall be con- structed on any lot having an area of less than ten thousand square feet. There may be one or more such single family dwellings on any lot having an area of twenty thou- sand feet or more, provided there is not less than ten thousand square feet of lot area for eaoh dwelling. The foregoing area requirement shall not apply to the building of a single family dwelling on a lot of less than ten thousand square feet in area where the existing bound- aries of such a lot were actually es- tablished before the enactment of this ordinance. SECTION 8. Class ' C" Residen- tial Districts: Within any of the Class "C" resi- dential districts, no dwelling referred to in Section 5 shall be constructed on any lot having an area less than seventy-five hundred square feet. There may be one or more such sin- gle family dwellings on any lot hav- ing an area of fifteen thousand square feet or more provided there is not less than seventy-five hundred square feet of lot area for each dwelling. The foregoing area requirement shall not apply to the building of a single family dwelling on a lot of less than seventy-five hundred square feet in area where the existing boundaries of such a lot were actual- ly established prior to enactment of this ordinance. SECTION 9. Class "D" Two Fam- ily Dwelling Districts: Within any of the Class "D" two family dwelling districts, the min- imum area of each lot shall be 7500 square feet. No building or premises shall be erected or used except for the uses provided in Section 5 here- of and, in addition thereto, for two family dwellings or duplex dwell- ings. The area requirement shall not apply to the building of a single- family dwelling on a lot oY less than 7500 square feet in area where the existing boundaries of such a lot were actually established prior to the enactment of this ordinance. SECTION 10. Buildings in Resi- dential Districts and also within Ru- ral Districts: Within the Residential Districts and rural districts and agricultural districts outside the business, light industrial, industrial, and noxious industrial districts, third class build- ings shall be permitted as defined in Chapter 3 of Ordinance No. 103, County of Hawaii. SECTION 11. Hotel and Apart- ment Districts: Within any of the Hotel and Apartment Districts, any use is per- mitted excepting agricultural, busi- ness, light industrial, industrial, and noxious industries uses. The minimum area of each lot within a hotel and apartment district shall be 7500 square feet. The area requirement shall not apply to the building of a single- family dwelling on a lot of less than 7500 square feet in area where the existing boundaries of such a lot were actually established prior to the enactment of this ordinance. SECTION 12. Buildings in Hotel and Apartment Districts: Second Class Buildings. Within the Hotel and Apartment Districts, second Class buildings, as defined in Chapter 3, Ordinance 103 of the County of Hawaii, for hotel use may be constructed adjacent to each other, provided, a masonry or concrete fire-division wall sub- divides the area allowed for second class buildings, as provided in Chap- ter 9, Ordinance No. 103, of the County of Hawaii. Third Class Buildings: Within the Hotel and Apartment Districts, third class buildings for hotel or apartment use shall be not mare than two stories in height, nor shall the same be nearer any interior lot boundary than the minimum dis- tance provided in Ordinance 103 of the County of Hawaii. SECTION 13. Business Districts: Within the business districts, any use is permissible excepting light in- dustrial, industrial, noxious-indus- trial and agricultural uses. The term 'business uses" shall be taken to include all retail and whole- sale stores, shops, bakeries, clothing and/or tailoring shops, ice cream manufacturing plants and milk de- pots employing not more than twenty-flue people, public garages, gasoline service stations, restaurants except in hotels or apartments, amusement houses, theaters, moving picture shows, dance halls, under- taking parlors, automobile sales rooms, automobile repair shops, ma- chine shops employing not more than ten people, small carpenter shops, office buildings and similar uses other than light-industrial uses, industrial uses and noxious indus- tries, and farming. SECTION 14. Buildings in Busi- ness Districts: Within the Business Distriots, all classes of building construction as provided in Chapter 3, Ordinance No. 103, of the County of Hawaii shall be allowed except third class. SECTION 15. Light Industry: Within the light industry districts, all classes of uses are permitted with the exception of industrial, noxious industries and agricultural. The term light industry shall in- clude such uses as bottling plants, warehouses, ice cream plants, brew- eries, garages, plumbing shops, tin smith shops, dyeing works, con- tractors' yards. SECTION 16. Industrial Districts: Within the industrial districts, all classes cf uses are permitted, with the exception of noxious industries as defined in Section 18. The term "industrial uses" shall include such uses as boiler and steel works, planing mills, lumber yards, foundries, shipworks, canneries, oil storage plants, lime kilns which do not emit dust nor noxious or offen- sive fumes, junk establishments, factories and machine shops em- ploying more than ten people, black- smith shops, and all such works oth- er than noxious industries as de- fined in Section 18. The term "junk establishment" shall refer to all lands, buildings, and premises used for storing, depositing or keeping junk and similar goods for business purposes, and no such establishment shall use any part of its premises nearer than fifty feet from any prop- erty line of the street or nearer than eight feet from any other property line for the storage of said junk and similar goods except in buildings en- tirely enclosed with walls. SECTION 17. Buildings in Light Industry and Industrial Districts: Within the light industry and in- dustrial districts, third class build- ings shall be constructed in accord- ance with the provisions of Section 4.330, Ordinance No. 103 of the County of Hawaii. A building constructed as provided in Section 4.330, Ordinauce No. IG3, within the light industry or iixdus- trial districts, may be placed on the lut boundary or may adjoin a first class er a semi-first class building on the szme property Provided, such building has all exterior walls con- structed as required for a first-class building with al] openings therein protected with fire doors and shut- ters, and which walla are parapeted above the roof. SECTION 18. Noxious Industry Districts: Within the noxious industry dis- tricts any use is permitted exoept- ing any building which is designed, arranged, or intended to be used in whole or in part as a dwelling, hotel, lodging house, boarding house or tenement, or for any living quarters with the except'.en of dwellings up- on the premises for watchman and their families. The term "noxious industry" shall be taken to include such industries as fertilizer works, chemical plants and soap works which emit noxious fumes and odors, fish canneries, glue works, asphalt plants, gas works, creosote treatment plants, tanning works, slaughter houses, crematories, lime kilns, or any works or plants which emit nox- ious or offensive odors, fumes, gas or excessive smoke, dust or other noxious materials. SECTION 19. Parking Regula- tions: Commercial, business, and indus- trial buildings shall provide adequate off-street facilities for loading and unloading merchandise and goods in such manner as not to obstruct the freedom of traffic movement upon the public street. SECTION 20. "Al" Agricultural Districts: Within the "A1" agricultural dis- tricts, any use is permissible ex- cepting business, light industrial, in- dustrial and noxious industry uses. The term "Al" agricultural shall include general farming, dairies, poultry farms, piggeries, orchards, ranches and other agricultural uses. SECTION 21. "A2" Agricultural Districts: All those portions of the city of Hilo, which are not set aside for other use districts shall, for the pur- pose of this ordinance, be deemed and are "A2" Agricultural Districts. Within any unclassified area, no building, structure, or land shall be used and no building or structure shall be hereafter erected, structural- ly altered, enlarged, or maintained except for the following uses; 1. One-family dwellings, provided however, each such dwelling shall be constructed on a lot of not less than 7500 square feet. 2. Churches, libraries, and museums. 3. Hospitals provided they are lo- cated at least fifty (50) feet from all interior lot lines. 4. Parks, playgrounds, or communi- ty centers. 5. Golf courses. 6. Agricultural uses including field crops, cane, truck gardening, tree crops, flower gardening, nurseries, and orchards. 7. Farms devoted to the hatching, raising, and marketing of chick- ens, turkeys, or other poultry, fowl, rabbits, on a lot having an area of not less than two acres. S. Farm or ranches for grazing, breeding, raising, or training horses or cattle, riding stables or academies, goat or cattle dairies on a lot having an area of not less than five (5) acres; sheep oc goat raising, or the keeping'oP not more than five (5) swine on a lot having an area of not less than two acres. 9. Any other similar uses or enter- prises customarily cazried on in the field of general agriculture and not obnoxious or detrimental to the public welfare. SECTION 22. Non-conforming Uses: The lawful use of a building or premises existing at the time of the adoption of this Ordinance may be continued although such use does not conform with the provisions of this ordinance, and such building may be reconstructed or structural- ly altered and non-conforming use therein changed subject to the fol- lowing regulations: A. Anon-conforming use may be changed in accordance with the pro- visions of this ordinance. B. Anon-conforming use may not be extended, but the extension of a use to any portion of a building which portion is at the time of the adoption of this ordinance, primari- ly arranged or designed for such non-conforming use, shall not be deemed an extension of a noncon- forming use. C. The structural alterations made in a building occupied for a non- conforming use shall not exceed a total of fifty (50) percent of its as- sessed value as of this date, nor shall the building be enlarged unless the use therein is changed to a con- forming use; provided, however, that a non-conforming building damaged by fire or acts of God to an extent of not more than sixty (60) percent of its value may be repaired or re- built within one year of the date of such damage, but not thereafter. D. If a non-coxforming use is dis- continued, any future use of the buildings and premises shall be in conformity with the provisions of this ordinance. A reasonable interim, however, between tenants or occu- pants shall not be construed to mean discontinuance. E. The foregoing provisions of this section shall also apply to noncon- forming uses in districts hereafter established or changed. SECTION 23. Changes in Zoning Regulations: Applicants seeking changes in zoning regulations shall comply with the provisions of Section 6, Ordi- nance No. 146 of the County of Ha- waii. SECTION 24. Variances from Zoning Regulations: Applicants who are owners or lessees holding under recorded ]eases (the unexpired tern: of which is mare than five years from the date of filing such application) of real estate affected by zoning regulations, and who seek variances from, rather than changes in, such regulations, shall file a written application therefor with the Planning and Traffic Commission, setting forth therein a description of the proper- ty, the regulations so affecCing it, and the conditions justifying a vari- ance from such regulations. The ap- plication shall be accompanied with a deposit of one hundred dollars, Published notice and public hearing shall be in conformity wiih the practice of the Commission. Upon a finding by the commission at the completion of the hearing that the application presents a situation wherein strict enforcement of the existing regulations would ixxvolve practical difficulty or unnecessary hardship, and further provided that desirable relief may be granted in such a way as to grant relief and at the same time protect the public in- terest and general welfare, a vari- ance permit may be issued to the applicant upon such terms and con- tions and for such period of time as the facts may warrant. SECTION 25. Minor Variances in Restricted Residential Districts: A. In any particular case where compliance with the requirements set forth in Sections 6, 7, S and 9 would cause practical difficulty or unnecessary hardship, the Board of Supervisors may, upon recommenda- tion of the Planning and Traffic Commission, vary such requirements, provided this can be done In such a way as to grant relief and at the same time protect the public inter- e.5t and general welfare. SECTION 26. The provisions oP tltis ordinance shall not be deemed to prohibit the construction in any use district of any building which is superior, better or of higher class than that which is prescribed in each classified district. SECTION 27. Enforcement; The building inspector who is ap- pointed under Ordinance No. 103, is hereby authorized and it shall be his duty to enforce the provisions of this ordinance. Appeal from the decision of the building inspector shall be made to the Planning and Traffic Commission. SECTION 28. Penalty: Any person, firm or corporation, violating or failing to comply with the provisions of this ordinance, slxall be punished by a fine not ex- ceeding one thousand dollars or by Imprisonment not exceeding six months, or by both such fine and imprisonment. The continuance of any such vio- lation after conviction, shall be deemed a new offense for each day of such continuance. SECTION 29. Repeal: All other ordinances and parts of ordinances in conflict with this or- dinance are hereby repealed. SECTION 30. Validity: Should any section, paragraph, sentence, clause or phrase of this ordinance be declared invalid or un- constitutional for auy reason, the re- mainder of this ordinance shall xxot be affected thereby. SECTION 31. Effective Date: This ordinance shall take effect and be in force from and after the date of its passage. Dated at Hilo, Hawaii, this 6th day of February, 1946. Introduced by: (SgdJ EDWIN A. DE SILVA Supervisor, 1st Representative District. TERRITORY OF HAWAII ) COUNTY OF' HAWAII ) ss I HEREBY CERTIFY that the foregaing Ordinance was regularly considered at a meeting of the Board of Supervisors of the County of Ha- waii held at the County Seab upon the 7th day of March, A. D. 1946, and upon being put to vote said Ordi- nax:ce was adopted by a unanimous vote of the Supervisors at said meet- ing. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County of Hawaii up- on this 7th day of March, A. D. 1946. (SgdJ EDWIN M. DESHA (SEAL) 1st Dep. County Clerk County of Hawaii