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HomeMy WebLinkAboutORD 1960-023COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. 23 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF USE ZONE DISTRICTS IN THE COUNTY OF HAWAII, BY REGULATING AND RESTRICTING THE CLASS AND USE OF BUILDINGS, AND THE 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 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 .~.\ in singular number number include the word "structure"; directory. the present tense include the future; words include the plural, and words in the plural singular; the word "building" includes the and the word "shall" is mandatory and not 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 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 of the main building. Servants' Quarters: An accessory building the use of which is incidental to that of a dwelling, wherein no kitchen shall be constructed. Dwelling: Single family. Any detached building designed for or occupied primarily by one (1) family. Duplex: ATwo-family dwelling. Hotel: Any building or portion thereof designed or used for the supplying of shelter and/or food to residents or guests and containing six (6) or more sleeping rooms for guests. Lodging house: A building with not more than ten (lU) guests where lodging is provided for compensation. Apartment House: Any house or building or portion thereof which is designed, built, rented, leased, let ur hired out to be occupied or which is occupied as the residence of three or more families living independently of each other and doing their cooking in the building. ,-,~, Ord. No. -----°~-~1-..-•---...._..., File No. -- M. B. No. Cab: ---.- 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. 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 constructed or erected, and the use of which requires more or less permanent location on the ground, or attached to something having more or less permanent location on the ground. Home Occupation: Home occupation shall include any occupation or profession customarily carried on entirely within a dwelling by a member of the immediate family residing on the premises provided that: A. No article is sold or offered for sale except as may be processed or manufactured by members of the immediate family residing on the premises. B. The occupation or profession is a secondary use and the residence a primary use. C. No mechanical equipment is used except such as is normally used for domestic or household purposes. D. No signs or display is used in connection with said occupation or profession. E. No offensive noise, vibration, smoke, fumes, dust, odors, heat, glare, or hazard from fire or explosion shall be generated, produced or caused from the operation of said home occupation. A home occupation includes--but is not limited to-- Musical instruction limited to two pupils at a time and the teaching of hula or classical dancing limited to five pupils at a time; provided that the time limit is not later than 9:U0 p.m. A home occupation will not be interpreted to include uses such as clinics, barber shops, beauty parlors, commercial stables and kennels, animal hospitals, restaurants or tea houses, and the like. Structural alteration: Hny change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any charxJe in the roof or in the exterior walls, except for repairs or maintenance. -2- o~~. 110. ---~.~ ----...---.---- File li o..------------------ ---- - _.. h1. B. 110.. ----- ~ -- - -°- Date-------------- Section :i. Use Districts: A. In order to regulate and restrict the location of trades, businesses, industries, residences and other uses and the location of 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 population in various areas of the County of Hawaii, 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. Restrictive Business Districts 7. Neighborhood Shopping Districts fS. Business Districts 9. Light Industry Districts 10. Industrial Districts 11. Noxious Industry Districts 12. "A1" Agricultural Districts 13. "A2" Agricultural Districts 14. Safety Zone Districts 15. Waterfront Business Districts B. The boundaries of each use district, as established under the procedure set forth in Section 5 of Ordinance No. 19 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, (1) no 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 smaller 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 shall 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 17 hereof and those areas zoned for "A1" agricultural purposes. Section 4. Establishing use districts in various areas of the County of Hawaii: The various use districts enumerated in the foregoing section may be established under the procedure set forth in Ordinance No. 19 of the Revised Ordinances 1960 of the County of Hawaii. 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 o,~. t1o..-_.--~ 3 3 _ -...-.------------- File too. -- - ~ - ------ r:. il. 2.0. ..-.-. ~ - _-.-- - T t.. shall 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 and sanitariums; provided, they are located at least fifty feet from all interior lot lines. 4. Schools--elementary and secondary, kindergarten, daycare centers and nurseries 5. Institutions of a philanthropic nature 6. Libraries, museums, parks, playgrounds which are not conducted for 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 servants quarters, provided that the front yard, side yard, rear yard and other legal requirements have been complied with. 10. The renting of rooms, or the furnishing of table board foz not more than three persons in any such dwelling, may be 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 and Rabbit Raising. The keeping of poultry or rabbits for commercial purpose shall not be permitted in any residential districts, but same may be permitted in all residential districts as an incidental use for family purpose, and further subject to all regulations of the Department of Health. Section 6. Class "A" Residential Districts: Within any of the Class "A" residential districts, no dwelling referred to in Section 5 shall be constructed on any lot having an area of less than fifteen thousand (15,000) square feet. There may be one or more such single family dwellings on any lot having an area of thirty thousand (30,000) square feet or more, provided there is not less than fifteen thousand (15,000) square feet of lot area for each dwelling. The foregoing area requirement shall not apply td the building of a single family dwelling on a lot less than fifteen thousand (15,000) square feet in area where the existing boundaries of such a lot were actually established prior to enactment of this Ordinance. Section 7. Class "B" Residential Districts: Within any of the Class "B" residential districts, no dwelling referred to in Section 5 shall be constructed on any lot having an area of less than ten thousand (10,000) squaze :7 Or1. tlo. -..--~---`'~-- ............. -4- r,i:: Ii a. .. - .. . ................... A:. B. Ido. -..------------------------ feet. There may be one or more such single family dwellings on any lot having an area of twenty thousand (20,000) square feet or more, provided there is not less than ten thousand (10,000) 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 (10,000) square feet in area where the existing boundaries of such a lot were actually established before the enactment of this Ordinance. Section t3. Class "C" Residential Districts: Within any of the Class "C" residential districts, no dwelling referred to in Section 5 shall be constructed on any lot having an area less than seventy-five hundred (75UU) square feet. There may be one or more such single family dwellings on any lot having an area of fifteen thousand (15,000) square feet or more provided there is not less than seventy-five hundred (7500) 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 (7500) square feet in area where the existing boundaries of such a lot were actually established prior to enactment of this Ordinance. Section 9. Class "D" Two Family Dwelling Districts: Within any of the Class "D" two family dwelling districts, the minimum area of each lot shall be seventy-five hundred ('I5U0) square feet. No building or premises shall be used except for the uses provided in Section 5 hereof and, in addition thereto, for two family dwellings or duplex dwellings. There may be one or more such buildings for the uses mentioned in the preceding sentence erected on any lot having an area of fifteen thousand (15,000) square feet or more provided there is not less than seventy-five hundred (75UU) square feet of lot area for each building. The foregoing area requirement shall not apply to the construction of any building for the uses mentioned in the preceding paragraph of this section on a lot of less than seventy-five hundred (7500) square feet in area where the existing boundaries of such a lot were actually established prior to the enactment of this ordinance. Section lU. Hotel and Apartment Districts: Within any of the hotel and apartment districts, the minimum area of each lot shall be seventy-five hundred (7500) square feet. No building or premises shall be used except for the uses provided in Section 5 hereof and, in addition thereto, for two family or duplex dwellings and hotel and apartments. There may be one or more such buildings for the uses mentioned in the preceding sentence erected on any lot having an area of fifteen thousand (15,000) square feet or more provided there is not less than seventy-five hundred (75UU) square feet of lot area for each building. -5- oral. ilo..-----~~7 F'az P: o. ------------ P:1. U. I:o...---- --- Date: _.-...-----._. The foregoing area requirement shall not apply to the construction of any building for the uses mentioned in the preceding paragraph of this section on any lot of less than seventy-five hundred (750u) square feet in area where the existing boundaries of such a lot were actually established prior to the enactment of this ordinance. Section lU.Ul. Accessory uses within a Hotel and Apartment District: Hotel and apartment buildings may include incidental business, but primarily as a service to persons living therein, and provided such business is conducted within the main building, the entrance to the business is from the inside of the building, and no sign advertising such business is visible from outside the building. 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 include such uses as retail and wholesale stores, shops, bakeries, clothing and/or tailoring shops, public garages, gasoline service stations, restaurants except in hotels or apartments, amusement houses, theatres, moving picture shows, dance halls, undertaking parlors, automo- bile sales rooms, automobile repair shops, office buildings, carpenter and neon repair shops employing not more than five people, machine shops or plumbing shops employing not more than ten people, ice cream manufacturing plants and milk depots employing not more than twenty-five people and similar uses. Section 11.01. Neighborhood Shopping Districts: A. Neighborhood shopping district uses shall include service trades and shops of a definitely retail character such as: 1. 1. 3. 4. 5. Fi . 7. ri. y. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Athletic goods Baby and toy shop Bakery employing not more than 5 persons Barber shop Beauty shop Book and stationery shop Butcher shop Candy and nut shop Dress shop Drug store Dry cleaning shop employing not more than 5 persons Fix+it shop Florist Garden equipment repair shop employing not more than 3 persons Gift shop Haberdashery Hardware shop Laundry employing not Lingerie and hosiery Liquor store Milliner Professional office more than 5 persons shop o.a. ram. - ~ ~~_ i.i~ .. .,~ .. _- - Date:.-.._-_..--'-----_ 23. Radio and electrical shop 24. Restaurant 25. Service station (no heavy work such as body and fender work, general overhauling of motors and chassis, and painting) 26. Shoe repair shop employing not more than 2 persons 27. Super market 28. Vegetable store The neighborhood shopping district uses shall not be construed to be restricted to the above list. B. Within any neighborhood shopping district, no building or premises shall be used and no building shall hereafter be erected, structurally altered, or enlarged except for the uses provided for in this section. C. The foregoing requirements shall not apply to a residential structure existing on the premises prior to the enactment of this ordinance, nor to the construction of a residential building provided it is in conformity with the use and area requirements of the abutting residential district. A residential and business use shall not be permitted together in the same structure except for uses already existing at the time of the passage of this ordinance. D. Sixty (60) per cent of the area used for a neighborhood shopping district may be used for buildings, and at least forty (40) per cent of the neighborhood shopping district shall be retained for off-street parking. The off-street parking area shall be designed to provide for the following: Parking space for patrons, Space for the loading and unloading of merchandise and goods, The safe movement of traffic within the parking area, and The ingress and egress of traffic so as not to obstruct the freedom of traffic movement upon the public street. E. No building or buildings constructed for purposes designated in paragraph A shall be occupied, used, utilized, rented or leased by anyone until an off-street parking space shall have been built. The off-street parking space area as compared to the area utilized by the buildings shall be in the ratio of 40 to 60 as provided in paragraph D. Section 11.02. Restrictive Business Districts: A. Within a Restrictive Business District, no building or premises shall be used and no building shall hereafter be erected, structurally altered, or enlarged except for the following uses: 1. All uses permitted in any Hotel and Apartment Zone 2. Offices and clinics of physicians, dentists, architects, engineers, attorneys, or similar professional persons 3. Real estate and appraisers' offices 4. Public accountants' offices 5. Insurance offices ~ .~ O.J. tdu. ----°~ -'-------°------ F'ilu Pu' -----~-----~---~------ - 7- ~- - -- M. E. !Ja - - - - ~--~--~---~-- Date: ------------~------~------------ ~.. 6. Finance, loan or collection agencies 7. Beauty parlors and barber shops ts. Custom dressmaking, tailoring and millinery shops y. Any other use that is of the same general character as the above permitted uses, but not including any other use permitted a5 a Neighborhood Business use, except for those uses specifically listed as allow- able above. B. Within any Restrictive Business District, the minimum area of each lot, when used for dwelling, apartment or hotel shall be seven thousand five hundred (7,500) square feet. There may be one or more dwellings erected on any lot having an area of fifteen thousand (15,000) square feet or more provided there is not less than seven thousand five hundred (7,500) square feet of lot area for each building. The foregoing area requirement shall not apply to the construction of any dwelling unit on any lot of less than seven thousand five hundred (7,500) square feet in area where the existing boundaries of such a lot were actually established .prior to the enactment of this ordinance. Section 11.03. Waterfront Business Districts: A. Within a Waterfront Business District, no building or premises shall be used and no building shall hereafter be erected, structurally altered, or enlarged except for the following uses: 1. All uses permitted in any Residential Zone. 2. Business catering to marine activities such as boat docks, boat service areas, marine equipment stores, boat storage and construction yards, boat repair facilities, and bait and tackle shops. 3. Any other use that is of the same general character as the above permitted uses, but not including any other use permitted as a Neighborhood Business use, Restrictive Business use, or Business use, except for those uses specifically listed as allowable above. B. Within any Waterfront Business District, the minimum area of each lot, when used for single-family purposes, shall be in conformity with the area requirements of the abutting residential district. C. The foregoing area requirement shall not apply to the construction of any single-family dwelling on any lot less than the required area where the existing boundaries of such a lot were actually established prior to the enactment of this ordinance. Section 12. Light Industry Districts: Within the Light Industry Districts, all classes of uses are permitted with the exception of industrial, noxious industrial and agricultural uses. The term "light industry" shall include such uses as bottling plants, breweries, tin smith shops, dyeing works, contractors' O.S. Nv. ---~~-""'-'----•---....__ yards, animal hospitals and commercial dog kennels or the keeping of 5 or more dogs. Section 13. Industrial Districts: Within the industrial districts all classes of uses are permitted, with the exception of noxious 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 establishments, factories and machine shops employing more than ten (10) people, blacksmith shops, and all such works, other than noxious indus- tries as defined in Section 14. 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 estab- lishment shall use any part of its premises nearer than fifty (50) feet from any property line of the street or nearer than eight (8) feet from any other property line for the storage of said junk and similar goods except in buildings entirely enclosed with walls. Section 13.01. Within any business, light industrial, or industrial district, no structure referzed to in Section 5, or any duplex dwelling, apartment house, lodging house or hotel shall be constructed on any lot having an area less than five thousand (5,000) square feet. There may be one or more of the above-mentioned structures on any lot having an area of ten thousand (10,000) square feet or more. There shall not be less than five thousand (5,000) square feet of lot area for each of the above-mentioned structures. 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 in 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 watchmen 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 noxious or offensive odors, fumes, gas or excessive smoke, dust or other noxious materials. Section 15. Parking Regulations: 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. _y_ ,~ 3 r.i~ ~:~.. - --- - -_......_._ inc. c. ice......--- .. No building permit shall be granted unless there is included with the plan for such building or improvement a plot plan showing the required open space or garage to be provided in connection with such structural improvement for off-street parking together with means of ingress and egress to a street or alley. Such parking space shall be located on the same lot or on a lot contiguous to the lot upon which the building is located. Where the requirements call for a fractional storage space of one-half or over, a full storage space shall be provided in lieu thereof. The driveway area shall not be considered as parking space. A. Kesidential Buildings: 1. Single family and duplex dwellings -- 1 parking space for each family 2. Apartments -- 1 parking space each for the first 6 apartments and 1 parking space for each additional l apartments 3. Hotels -- 1 parking space for each 4 guest rooms B. Commercial or Industrial Buildings: 1. Theatres -- 1 parking space for 6 seats 2. Auditoriums; a. Commercial -- 1 parking space for each 8 seats b. Churches -- 1 parking space for each 20 seats Section 16. "A1" Agricultural Districts: Within the "A1" agricultural districts, any use is permissible excepting hotel and apartment, business, light industrial, industrial, and noxious industrial uses. The uses referred to in Section 5A shall be permitted on any lot having an area of fifteen thousand (15,000) square feet or more. The term "A1" agricultural shall include general farming, dairies, poultry farms, piggeries, orchards, ranches and other agricultural uses. Section 17. "A2" Agricultural Districts: All those portions within a zoned area or zoning boundaries which are not set aside for other use districts shall for the purpose 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, structurally 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 seven thousand five hundred (7,500) square feet. ~J -10- r4. li. I'.~. -'-------_-------...---- L ~ t a: .------~----' ---- 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, truck 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, on 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 on a lot having an area of not less than five (5) acres; sheep or goat raising on a lot having an area of not less than two (L) acres, and the raising or keeping of three (3) swine for every one (1) acre or proportional fraction thereof. 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. Section 17.01. The provisions in Sections 16 and 17 shall not prohibit the construction of dressing plants and slaughter- houses when supplemental to the normal operations and when the following conditions are met: A. Construction and location on the site have complied with public health regulations and is subject to review of the Department of Health and the Commission. B. Killing and dressing is limited to animals and poultry raised on the premises for more than one month immediately preceding the said killing and dressing. C. The structure is located at least two hundred (`L00) feet from the centerline of a government road and one hundred fifty (150) feet away from any residence. Section 18. Safety Zone Districts: The area, within any safety zone district, shall be reserved for public use, provided further that residential, hotel and apartment, business, light industrial, industrial, noxious industrial, Al agricultural or A2 agricultural uses shall not be permitted. Section 18.01. A cemetery may be permitted in any zone when such use is deemed essential and desirable to the public convenience and welfare, and is in harmony with the various elements or objectives of the Master Plan, and its location is first approved by the Planning and Traffic Commission. ~~ Date: -.. Section 19. 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 structurally altered and non-conforming use therein changed subject to the following regulations: 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 of this Ordinance, primarily arranged or designed For such non-conforming use, shall not be deemed an 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 fifty (5U) per cent 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-conforming building damaged by fire or acts of God to an extent of not more than sixty (6U) per cent 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 of this Ordinance. A reasonable interim, however, between tenants or occupants shall not be construed to mean discontinuance. For the purpose of this ordinance, discontinuance shall result from the occurrence of any of the following condition or conditions: 1. Vacancy of a building originally designed or arranged for the non-conforming use for a continuous period of one (1) year, or 2. Vacancy of land for a period of ninety (9U) days, or 3. Vacancy of any building other than in (1) for a period of six (6) months, or 4. Any showing of a clear intent on the part of the owner to abandon the non-conforming use. E. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of a similar or more restricted classification. Whenever a non- conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. F. The foregoing provisions of this section shall also apply to non-conforming uses in districts hereafter established or changed. -12- o~a. rro• ------ ... 2 v~.= ...---------- r~~~ t,~. - - - - - - .. ............. vote : .. . .......... . _- - - --~- Section 2U. Changes in Zoning Regulations: Applicants seeking changes in zoning regulations shall comply with the provisions of Section 6, Ordinance No. ly of the County of Hawaii. Section 21. Variances from Zoning Regulations: Applicants who are owners or lessees holding under recorded leases (the unexpired term of which is more than five (5) 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, ana the conditions justifying a variance from such regulations. The application shall be accompanied with a deposit of one hundred dollars ($lU0.U0). Published notice and public 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 appli- cation presents a situation wherein strict enforcement of the existing regulations would involve 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 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. Section 21.01. All variances heretofore and hereafter granted will be void unless construction is started within one year. An extension in time may be granted by the Commission if practical difficulty and unnecessary hardship were shown by the applicant. Section 22. Minor Variances in Restricted Residential Districts: In any particular case where compliance with the requirements set forth in Sections 6, '/, tS and 9 would cause practical difficulty or unnecessary hardship, the Board of Supervisors may, upon recommen- dation of the Planning and Traffic Commission, vary such require- ments, 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. Sectionl3. Enforcement: The Building Official of the Bureau of Construction and Inspections is hereby authorized and it shall be his duty to enforce the provisions of this Ordinance. Appeal from the decision of the Building Official shall be made to the Planning and Traffic Commission. Section 24. Penalty: Any person, firm or corporation, violating or failing to comply with the provisions of this ordinance, shall be punished by a fine not exceeding five hundred dollars ($500.00). The continuance of any such violation after conviction shall be deemed a new offense for each day of such continuance. `1 ~. -13- rile Y: o. ... M. II. ho. Section 25. 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 the reby. -14- .~ rrt. u. iao...... Dat® :.............