HomeMy WebLinkAboutORD 1947-045r
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COUNTY. OF HAWAII
TERRI`1'ORY OF HAWAII
ORDINANCE NO. 45
AN ORDINANCE PROVIDING FOR TIFF. ESTABLISHMENT OF USE ZONE DISTRICTS
IN THE CITY OF HILO, BY REGULATING AND RESTRICTING THE CLASS AND USE
OF BUILDINGS, AND TEIE USE OF THE LANDS THEREIN; PROVIDING FOR CHANGES
IN THE REGULATIONS, RESTRICTIONS AND BOUNDARIES OF SUCH USE ZONE
DISTRICTS; PROVIDING FOR ENFORCEMENT; AND IMPOSING PENALTIES.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII:
Section 1. Short Title: This Ordinanoe shall b® known ae 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" includes the word "structure";
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 follows: 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 Ahupuae of Paukaa in the district of South Hilo; and on
the east by the ssa.
Accessory Building: A subordinate building or portion of the
main building, the use of which is purely incidentalL to that oP the
main building.
Servants' ~,uartera: An accessory building the use of which is
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incidental to that of a dwelling, wherein no kitchen shall be constructed.
Dwelling: Single Family; A detached building designed for or
occupied exclusively by one (1) family.
Duplez: ATwo-family dwelling.
Hotel: Any building or portion thereof designed or used for the
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supplying of shelter and/or food to residents or guests and containing
more than twenty (20) sleeping rooms for guests.
Lodging house: A building with not more than ten (10) guests
where 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 of each other and doing their cooking 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 urea as era required by this
Ordinance or other ordinances of the County of Hawaii.
Arse Regulation: On every lot in the residential 8istricts
there shall be the minimum lot requirement as prescribed herein.
Non-conforming Uae: 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 constructed or erected, and the
use of which requires more or less pe¢~manent location on the ground,
or attached to something having more or less perman®nt location on
the ground.
Section 3. Use Districts:
A. In order to regulate and restrict the location of trades,
business; industries, residences and other uses, and the location of
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buildings, designed, erected, altered or occupied for special
purposes; to regulate and limit the height and size of buildings
hereafter erected, or altered; to regulate and determine the area of
yards and other open spaces, and to regulate and limit the density
of the population of the City of Hilo, there shall be the following
use districts:
1. Class "A" Residential Districts
2. Class "B" Residential Districts
3. Class "C" Residential Districts
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4. Cleas "D" Two Family Dwelling Distrieta
5. Hotel and Apartment Distrieta
6. Business Distrieta
7. Light Industry Distrieta
8. Industrial Districts
8. Noaioua Industry Districts
10. "A1" Agricultural Districts
11. "A2" Agricultural Distrieta
12. Safety Zone Districts
B. The boundaries of each use district, as established under
the procedure set forth in Section 5 of Ordinance No. 44 of the
County of Hawaii, shall be indicated on the official Zone dap, 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, (1j na building shall be
erected, reconstructed 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 lot area shall be
so reduced or diminished that the yards or other open spaces shall be smalls
than prescribed by this Ordinance or by other ordinances of the County
of Hawaii; (3) 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 sffi 11 be considered as providing 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"A1" agricultural
purposes.
Section 4. Use Districts in the aural Distrieta:
In the rural districts of the County of Hawaii, being all
districts outside of the City of Hilo, the various use districts
enumerated in the foregoing section may be set aside or establi.#hed
under the procedure set forth in Section 5 of Ordinance No„ 44 of
the County of Hawaii, or~ehanges or variances established in accordance
with the provisions of Ses.tion 22, 23, 24, or 25, provided, however,
that all parts of the rural districts not so set aside or astabliahed
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shall remain and be subfect to ell requirements and restrictions of
this Ordinance 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 buildings or premises shall be used, and no buildings shell be
erected or structurally altered, unless otherwise legally provided,
except for one or more of the following uses:
1. One family dwellings
2. Churches, convents
3. Hospitals end sanitariums; provided, they are located
at least fifty feet from ell interior lot lines.
4. Schools--elementary and secondary
5. Institutions of a philanthropic nature
6. Libraries, museums, parks, playgrounds which are not
conducted Por profit
7. Greenhouses
8. Flower or truck gardens
9. Accessory buildings
There may be the usual necessary buildings in connection with
any use enumerated herein, including a private garage of such size as
may be necessary for the use of occupants; such accessory buildings
shall. include buildings used for sarvanta quarters, provided that
the front yard, aide yard, rear yard and other legal requirements have
been complied with.
10. The renting of rooms, or the furnishing oP table board
for not more than three persons in any such dwelling, may b® permitted.
Other uses customarily incident 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 residence district; provided, however, that no advertising sign
shall be permitted.
B. Poultry Raising.
The keeping of poultry for commercial purpose shall not be
permitted in any Residential Districts, but same may be permitted in
ell Residential Districts as en incidental use for family purpose and
.further subject to sanitary regulations.
Section 6. Class "A" Residential Districts:
Within any of the Class "A" residential districts, no dwelling
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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 single family dwellings on any lot having an area of thirty
thousand square Peet 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 sucYi a lot were actually
established prior to enactment oP this Ordinance.
Section 7. Class "B" Residential Diatrieta:
Within any of the Class "B" residential districts, no dwelling
referre3 to in Section 5 shall be constructed 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
thousand feet or more, provided there is not less than ten 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 of less than ten thousand square
feet in area where the existing boundaries of such a lot were actually
®stablished before the enactment oP this Ordinance.
Section 8. Class "C" Res9.dentiel Districts:
Within any oP the Class "C" residential districts, no dwelling
referred to in Section 5 shall be constructed on any lot having an
area .leas than seventy-five hundred square feet. There may be one or
more such single family dwellings on any lot having an area of fifteen
thousand square feat 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
oP a single family dwelling on a lot of less than seventy-five hundred
equate feet in area where the existing boundaries of such a lot ware
actuallly established prior to enactment of this Ordinance.
Section 9. Class "D" Two Family Dwelling Districts:
Within any of the Glass "D" two family dwelling distriots,
the minimum area of each lot shall be 7500 square feet. No building
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or premises shall be erected or used except for the uses provided in
Section 5 hereof and, in addition thereto, for two family dwellings
or duplex dwellings.
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 Urdinance.
Section 10. Hotel and Rpartmant Districts:
Within any of the Hotel and Aps¢tment Districts, any use is
permitted excepting agricultural, business, 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 e lot were actually established prior
to the enactment of this Ordinance.
Section 11. Business Districts:
Within the business districts, any use is permissible excepting
light industrial, industrial, noxious-industrial and agricultural uses.
The term 'business uses' shall be taken to include ell retail
end wholesale stores, shops, bakeries, clothing and/or tailoring shops,
ice cream manufacturing plants and milk depots employing not more than
twenty-five people, public garages, gasoline service atation.s, res-
taurants except in hotels or apartments, amusement houses, theaters,
moving picture shows, dance ha17s, undertaking parlors, autoro.obile sales
rooms, automobile repair shops, machine shops employing not more than
ten people, small carpenter shops, office buildings and similar uses
other than light-industrial uses, industrial uses and noxious industries
and farming.
Section 12. Light Industry:
Within the light industry districts, all classes of uses are
permitted with the exception of industrial, noxious industries and
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agricultural.
The term light industry shall include such Uses as bottling
plants, warehouses, ice cream plants, breweries, garages, plumbing
shops, tin smith shops, dyeing works, contractors' yards.
Section 13. Industrial Districts:
"Nithir the industrial. districts all classes of uses are
permitted, with the exception of noxicus industries as defined in
Section 14.
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. offensive fumes, junk establ.ishmenta, Psetories and machine
shops employing mere than ten people, blacksm_th shops, and all .such
works; other than noxious industries as defined in Section 1.4.
The term "junk establishment" shall refer to all lands, buildings,
end premises used for storing, depositing or keeping junk and similar
goods for business purposes, and no such establishment shell. use any
part of its premises nearer than fifty feet from any property line of
the street or nearer than eight feet Pram any other property line for
the storage of said junk and similar goods except i.n buildings entirely
enclosed with walls.
Section 14. Noxious Industry Districts:
Within the noxious industry districts any use is permitted
excepting any building which is designed, arranged, or intended to be
used in whole or 1n part as a dwelling, hotel, lodging house, boarding
house or tenement, or for any living quarters with the exception of
dwellings upon the premises for watchman and their families. "Phe term
"noxious industry" shall be taken to i.nrlude 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 noxious or offensive odors,
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fumes, gas or excessive smoke, dust or other noxious materiels.
Section 15. Parking kegulationa:
Commercial, business, and industrial 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 16. "A1" Agri.cultural Districts:
Within the "A1" agricultural districts, any use is permissible
excepting business, light ,industrial, industrial anal noxious industry
uses.
The term "A1" agricultural shall include general f'srming, dairies,
poultry farms, piggeries, orchards, ranches and other agricultural uses.
Section 17. "A2" Agricultural Districts:
All those portions of the City of Hilo, which are not set aside
for other use districts shall, for the purpose of this Ordinance, be
deemed and are "A2" Agricultural Districts.
Ylithin any unclassified area, no building, structure, or land
shall be used and no building or structure shall be hereafter erected,
structurally altered, enlarged or maintained except for the following
uses:
1. One-family dwellings, provided, however, each such dwelling
shall be constructed on a let of not less than 7500 square feet.
2. Churches, libraries, and museums,
3. Hospitals provided. they are located at least fifty (50)
feet from all interior lot lines,
4. Parks, playgrounds, or community centers.
5. Golf courses.
6. Agricultural uses including field crops, cane, tru.ek
gardening, tree crops, flower gardening, nurseries, and orchards.
7. Farms devoted to the hatching, raising, and marketing of
chickens, turkeys, or other poultry, fowl, rabbits, pan a lot having an
area of not less than two acres.
8. Farm or ranches for grazing, breeding, raising, or training
horses or cattle, riding stables or academies, goat or cattle dairies
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on a lot having an area of not less than five (5) acres; sheep or
goat raising, or the keeping of not more than five (5) swine on a
lot having an area of not less than two acres.
9. Any other similar uses or enterprises customarily carried on
in the field of general agriculture and not obnoxious or detrimental
to the public welfare.
5ecti.en 18. Safety Zone Districts:
The area, within any safety zone district, shall be reaserved for
public use, provided further that residential., hotel and apartment,
business, light industrial, industrial, noxious induatriai„ Al
agricultural or A2 agricultural urea shall riot be oermittect.
Section 19. Hon-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 structurally altered and non-conforming
use therein changed sub,jeet to the following regu]a bona;
A. Anon-conforming use may be changed in accordance with the
provisions 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 oP this Ordinance, primarily arranged or deaignid for
such non-eonforming use, shall not be deemed en extension of a non-
conforming use.
C. The structural alterations made in a building occupied for
a non-conforming use shall not exceed a total of Pifty (50) percent
of its assessed value as of this date, nor shall the building be
enlarged unless the use therein is changed to a conforming use;
provided, however, that a non-oonforming building damaged by fire or
acts of God tc an extent of not more than sixty (60) percent of its
value may be repaired or rebuilt within one year of the date of
such damage, but not thereafter.
D. If a non-conforming use is discontinued, any future use of
the buildings and premises shall be in conformity with the provisions
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of this Ordinanc®. A reasonable interim, however, between tenants or
oocupenta shall not be construed to mean discontinuance.
E. The foregoing provisions of this section. shall also apply to
non-conforming uses in districts hereafter established or changed.
Saotion 20. Changes in Zoning Regulations:
Applicants seeking changes in zoning regulations shall comply with
the provisions of Section 6, Ordinance No. 44 of the County of Hawaii.
Section 21. Variances from Zoning Regulations:
Applications who are owners or lessees holding under recorded
leases (the unexpired term of which is more 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
property, the regulations so affecting it, and the conditions ~uatifying
a variance from such regulations. The application shall be accompanied
with a deposit of one hundred dollars. Published notice and publio
hearing shall be in conformity with 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
eai,sting regulations would involve practical difficulty or unnecessary
hardship, and further provided that desirable rali.ef may be granted
in such a way as to grant relief and. at the acme time protect the
public interest and general welfare, a variance permit may be issued
to the applicant upon such terms and conditions and for such period
of time as the facts may warrant.
Bastion 22. Minor Variances in Restricted Residential Districts;
A. In any particular case where compliance with the requirements
set forth. in Sections 6, 7, 8 end 9 would cause practical dif'f'iculty
or unnecessary hardship, the Board of Supervisors may, upon recommendation
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 interest and general welfare.
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Section 23. ynforcement:
The yn!lding. Of.fici.c~. of the i?nreau of Gcn=*r!acr,tr,n ec•a. InspNr.ti_rr;~:
is hereby authorized and it shall be his duty to enY'oree the provisions
of this Ordinance. Appeal from the decision of the Building Official
shall be made to the rlanning and Traffic Commission.
Section u4. Penalty:
Any person, firm or corporation, violating or failing to comply
with the provisions of this Ordinance, shall be punished by a 2'ine not
exceeding one thousand dollars or by imprisonment not exceeding six
months, or by both such fine and imprisonment:
The continuance of sny such violation after conviction, shall
be deemed a new offense for each day of such continuance.
Section 25. Repeal:
All other ordinances and parts of ordinances in conflict with
this ordinance are hereby repealed.
Section 26. Validity:
Should any section, paragraph, sentence, clause or phrase of
this Ordinance be declared invalid or unconstitutional for any reason,
the remainder of this Ordinance shall not be affected thereby.
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