HomeMy WebLinkAboutORD 1962-183~ _.. .. ~ r
IIILL TTO. 154
COUTdTY Or HA'~JAII - STATt, OF }[,ct',yAII
ORDINANCE AIO. ~a~
ATJ ORDINAICE OT' THE COUNTY OF ]-IA~JAII TO REGULATE THE USE Oi~
PROPERTY 'dJITIIIN THE COIJi~1TY OF HAIJAII >rJITH THE EXCEPTIGN GI'
AREAS PRESENTLYLONED r~ID TO PROVIDE PENALTIES rOR THc.
VIOLATION THEI?EOI7.
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"' IIE IT ORDAINED SY THE BOl,HD OF SUPERVISORS OP' THt COUNTY C)F
HA'uJAI I , STATr.' Or' T-IA.'~JAI I .
SECTION 1. Definitions; i~or the purpose of this
Ordinance the definition of terms included in Ordinance
T1o. 2j, the, Loring Ordinance, shall be used.
SECTION 2. Title: This Ordinance shall be known as
the °Interim `Coning Ordinance,' for the Cow~ty of IIatidaii.
SECTION 3. Purpose: The Ordinance is for the purpose
of providing interim regulations pending the formal adoption
of a comprehensive Zoning Ordinance and map which are deemed
necessary in order:
1. To encourage the most appropriate use of land;
~. To conserve and stabilize the value of property;
3. 'To prevent certain uses that will be incompatible
with its intended and desirable uses;
)~.. To promote the health, safety and the general
welfare of the respective districts.
SECTIOI'd ~_. Property uses ~-rithin the County of Hawaii.
Ito land or building shall be used and no building shall be
erected or structurally altered or maintained waithin any area
outside of areas presently zoned (City of Ili.lo, Honoltaa and
rieauhou Day), except for one or more of the following uses:
1. One-family dwellings; provided that. no such
dwelling shall be constructed on any lot
having an area of less than 7,500 ~;quare
feet; and, that wherever practicable, the
minirnurn width for such lots shall be not
less than 6G feet; provided, further, that
this area requirement shall not apply to the
building of a single-family dwelling on a
lot less than (,500 square feet in area where
the boundaries of such lot were established
prior to the effective date of this ordinance;
provided, also, that if more than one such
direiling is to be constructed on an.y lot, there
must be at least 7,500 square feet for each
dwelling; and that wherever practicable, the
minimum width for such lots shall be not less
than 60 feet. Therz may be the usual necessary
accessory buildings in connection with any such
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dwelling, including a private garage of such
size as may be necessary for the occupants of the
dwelling as well as buildings used. for servants
quarters.
2. Hospitals and~or sanitariunrs (except those i.'or
contagious, mental or drug or liquor addict
cases), and~or convalescent homes; provided,
however, that any buildings used in connection
with such institutions shall be erected at <s
distance of not less than 300 feet from any
major thoroughfare or major street, as defined
in Subdivision Ordinance No. 2Lr, Section ),
Subsection A-j; and provided, further, that
the minimum lot area for such uses shall be
20,000 square feet and a minimum lot width of
100 feet. }Jo building, including accessory
buildings, shall be located less than 20 feet
from all lot boundaries.
3. Agricultural uses, including, but without
limiting the generality of the term, all forms
of animal husbandry, including commercial
poultry and fowl hatcheries (except the rai:>ing
or keeping of swine and bees, which use shall
be permitted only by special use permit), and
all forms of agricultural uses incidental to
or in conjunction with the production,
cultivation, grotiring or harvesting of all
products of the soil, whether agricultural
or horticultural, and of all domestic animalls,
livestocks (excluding swine and bees), and
poultry, field and truck crops, sugar cane,
pineapple, flower and nursery products, fruits,
vegetables and nuts, the processing of any of
the foregoing; or the preparation cf the samE;
for rnarlcet, and the operations, management,
maintenance and development of a farm, plansration,
ranch, or other enterprise engaged in agricultural
or animal husbandry (except the raising of swine
and bees, which should be located in areas
permitted by Special Use Fermit); provided, that
no lot having an area of less than three acres
shall be used for the raising or keeping of
livestock or other domestic animals for sa1c; or
other cornrnercial purposes, a.nd no lot having an
area of less than one acre shall be used for the
raisins or keeping of poultry and i'owl hatcheries
for sale or other commercial purposes; proviided,
further, that nothing contained herein shah limit
or preclude the raising or keeping of livestock
by bor.afide members of any i~-H Clubs or other
organizations designated to encourage the
youth of Hawaii to practice and learn the
principles of animal husbandry and. which
organizations are duly sanctioned by the
Ha~raii Planning and Traffic Commission.
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Ir. Public buildings and facilities.
'j. Public, quasi-public and private "open land"
types of recreational use of land, including
parks, playgrounds, country club and golf
courses.
6. Cemeteries.
7. Public and private utility lines and facilities,
but not including offices or yards for
equipment, material, vehicle storage, repair
or maintenance.
~. Retention, restoration, rehabilitation or
improvement of buildings or sites of historic
or scenic interest.
y• Buildings and uses normally considered
directly accessory to the above permitted uses,
10. Special uses permitted by State Land Use Corrc-:ission,
SECTIOPI 5. Non-Conforming Uses. Any lawful use of
land existing or under construction at the time this ordinance
was adopted may be continued provided that if such non-
conforming use be discontinued for a period of one year, any
further continuance of such use shall not be allowed, and
provided, further, that no such non-conforming use shall be
changed tc a difT'erent non-conforming use.
SECTIOly' 6, Variances from Zoning Reguaations; Applicants
tiaho are oi~mrers 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, ar:d who seek variances from rather than
changes in, such regulations, shall file a written application
therefor with the Planning and Traffic Commission, settinc
forth therein a description of the property, the regulations
so affecting it, and the conditions justifying a variance
from such regulations, The application shall be accompanied
with a deposit of Twenty-r'ive Dollars (125,00), 'the Conunission
shall hold a public hearing on the application for variance
and shall publish notice of such hearing in a daily netiaspaper
of general circulation in 'the county for two (2) days (either
including or excluding Sundays), the first of such publication
to be at least ten (10) days prior to the date of hearing, and
the second, two (2) days prior to the hearing, 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 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 interesl; 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.
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tiJhere the relief requested is for a variance from lot
size requirements, the foregoing provisions as to notice and
hearing need not be followed and the Hawaii Planning and
Traffic Commission may vary such requirements, provided:
(a) that the applic anus situation involves difficult. or
unnecessary hardship; and (b) that the relief granted will
not be detrimental to the public interest, convenience and
welfare.
SECTIOPd 7, Application for approval by the Board of
Supervisors upon disapproval by the Commission.
The grounds of the disapproval of any variance shall
be stated in the rrrinutes or other records of the Commission.
If the Commission shall disapprove any such variance, the
applicant for such variance may present the same to the
Board of Supervisors for approval after the disapproval
thereof by the Commission by filing such application for
variance in the Office of the Clerk of the County of Hawaii;
and the Board of Supervisors may approve such variance, but
only by the affirmative vote of a majority of the members
of the Board.
SECTION 8. Enforcement. It shall be the duty of the
Building Inspector to enforce any portion aP this ordinance
relative to building construction and occupancy, and it shall
be the duty of the ;Iawaii Planning and Traffic Commission,
through its Planning Director, to enforce a:Ll other provisions
of this ordinance pertaining to land use.
SECTION 9. Penalty. Any person, firm or corporation
violating or failing to comply with any of the provisions of
this ordinance shall be punished by a fine not exceeding
Five IIundred Dollars ($500,00) The continuance of a:ny such
violation after conviction shall be deemed a new offense for
each day of continuance.
SECTION 10. Severability. Should any section o~r
part of a section, clause, or provision of this ordinance
be declared by the court to be invalid, the same shall not
affect the validity of the ordinance as a whole or any part
thereof other than a part so declared invalid.
SECTIOPI 11. This ordinance shall take effect upon
its approval.
INTRODUCED BY;
rK.
u~~ervisor, ~ orial
District
IIilo, Hawaii
Date of Introduction; October 3, 1962
Date of Adoption: December 19, 1962
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