HomeMy WebLinkAboutORD 1961-079BILL NO. 71
COUNTY OF I~3.4WAII - STATE OF HAWAII ~"
O12DI NANCE NO. 79
AN GRDINANCE ANiENDING SEC`l'].OIV 5 C 0r' ORDINANi:E NU, i 9
Ol'' THE REVISED ORDINANCES OF THE COUNTY OF HAWAII 1960
RELATING TO CONING REGULATIGiVS.
BE IT ORDAINED BY THE BOARD Or' BL~ERVISORS IN AND FOR THE
COUNTY OF HAVdAII:
SECTION 1. Section 0 C of Ordinance No. 19, Kevi.sed
Ordinances of the County of Hawaii 1960, is hereby amended
Lo read as follows:
"C. Zoning regulations. Any existing ordinance of the
county to regulate and limit the height and bulk of buildings,
to regulate ana determine the area of yards, courts and
other open spaces, including spaces for off-street parking,
or to regulate and restrict the location of trades and
industries and the location of i~uildings designed for specific
uses or creating districts for any such purpose, or to grant
variances from any regulation or limitation, may be amended
or repealed, and any new ordinance to regulate or detexznine
any of such subjects or matters shall be enacted only in
either o:E the two following modes, subject to the last proviso
of this section:
"(a) The coriunission may upon its own initiative at any
time, or upon application as provided in section 6, adopt a
resolution for any such purpose, subject to any limits
provided by statute, after public hearing, published notice
of which shall be given, Such resolution shall be filed with
the clerk cf the county within five days from the date of its
adoption. Unless the board. of supervisors disapproves such
resolution by a vote of at least five of its .riembers orithi.n
thirty days from the date of tiling, or if within such
period the board by such vote modifies such resolution, and
the commission accepts such. modification, it shall thereux.>on
have the effect of an ordinance of the county, except as
hereinafter in this section. provided in the case of protest
by property owners; or
,. ,
(o) The board of supervisors may upon its own ini ia_ive
at any time, by the affirmative vote of a majority of the
members of tire board, adopt an ordinance for any such purpose
subject to any limits provided by statute; such ordinance
shall thereupon be submitted to the commission which shall
thereupon proceed to act u~;on the same in the sam~•s manner as
to published notice and hersrin~ as upon an application made
pursuant to section 6, and such ordinance shall not beccrne
effective unless approved k~y the commission after such
published notice and hearing, a certificate cf which approval
shawl ?>e filed in the cffi-ce of the county clerk within five
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days after such approval; provided, that in t:he event that
such ordinance is not approved. by the cornrnission within the
period of thirty days after its submission or is disapproved
after submission such ordinance shall become effective without
the approval of the commis son where the board of supervisors
shall pass such ordinance by the affirmative vote of at least
five of the members of the board of supervisors following
such disapproval by the commission.
"Provided, that in case a protest against any such
proposed resolution of the ~:ommission or ordinance of the
board of supervisors has been presented to the commission
within thirty days after the filing of such resolution, or
of the certificate of approval of the commission in the case
of an ordinance initiated by the board of supervisors, duly
signed and acknowledged by i_he owners of thirty per cent
or more of the area of the `land included in such proposed
change cr in such new ordinance, or by the owners of thirty
per Dent or more of the area. of land immediately adjacant,
extending one hundred feet Lherefxom, or by the owners of
thirty per cant or more of the area of land directly opposite
thereto, extending or:e hundred feet from the street Frontage
of such opposite land, such resolution or ordinance sha:li ^ct
ue effective unless approved by the board of supervisors by
vota of at least five (Sj of its meniaers. In case any po rtion
of the area of land meratioaccd in this paragraph is field by
any lessee under a recorded ).ease, the unexpired term of
wliicli is more than Elva yeais from the date of filing o
:;uch resolution, or ~f such ce.r.tificate of approval of the
commission, no such portion of such area may be taken iato
consideration for the I,urposes of this paragraph unless
every such lessee a:1so joins with the owner of the reversion.
' 1Votwithstanding~ttie foregoing, ar~y ordinance or resolution
regulating land use and afFecting lands iii a redevelopment
project area shall be amended without the necessity of any
of tha aforesaid proceedings to oonform to the approved
redevelopment plan upon acquisition of said lands by the
Hawaii Redevelopment Figency in accordance with section
i43-7, lievised Laws of lawai.i 1955."
Sr;C'1'l0iv 2. Ibis ordinance shall take ei foot upon its
approval.
ilated at Hilo, Hawaii, this 21st day of December __,
196 0
INTF.ODUCEll BY:
supervisor, Senatorial
District.
Adopted: January 3, 1961
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