HomeMy WebLinkAboutORD 1965-304BILL PdO. 2~E~
COUNTY OF HA'vdAIT - STATE 01; IIAIniAII
ORDINANCE NO. 304
AN ORDINANCE PROVIDING FORA COUNTY PLANNIIQG CON;h'IISSION ANTI
PRESCRIBING ITS POIdERS, DUTIES AND I'UNCTIONS.
DE IT ORDAINED BY THL BOAR:"i OF SUPERVISORS 01~ THE CCiUPdTY ~%(•
}IA'v1A I I
SECTION 1. Creation of County Planning Commission. There
is hereby created a County Planning Comrniss3on which shall
consist of eleven (11) members, with the Chairman and F_r.ecutiv~a
Officer of the Board of Supervisors, the County Attorney, the
Chief of Police, the Fire Chief, and a representative from
the Hawaii County Department of Public ',forks as advisors. The
elever'r (11) voting mer.bFars shall be appointed by the C;hairmar:
and L-;r.ecutive Officer o.' the Board with the approval of t~.e
Board of Supervisvrs and shall hold office for three, (3) years
or until their successors are appointed and qualified; praviced
that of the members originally appointed hereunder Cour (;~-)
shall be appointed for a term expiring January 1, 1966, f_~ur
O_~.) members for a term expiring January 1, aj?67, and three
(z) members for a term expiring January 1, 196f~,; thereafter
every appointment shall be made for a term of three (3) years
commencing from the date oC the expiration of the last
precedin~l term. Any vacancy shall be filled by appointment
for the remainder of the unexpired term.
SECTIOPI 2. Organization; employees; e;:per!ses. The
Chairman and Executive Cfficer of the Board of Supervisors
shell Warne one of the members to act as chairman of the Commission.
~~, The Chairman and Executive G:Cficer of the Board of Supervisors,
with the approval of the Board of Supervisors, shall appoint
an executive officer and a depute, to be known as the Planning
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Director and Deputy Planning Director, respectively. The
Planning Director shall have the pourer to employ such e~:perts,
assistants and clerks as may be, nece.e,sari~ to perform the
duties oL the Commission and for which appropriations and
funds have been 7;rovide~9 b~~ the 3oard of ~upe.rvisors. Lhe
Commission may incur expenses as may be nett-assary and proper
and for which appropriations have been made b~~ the Board ~f
Supervisors.
SECTIOid ~. Quorum; meeting; rules, of:'ice; publication
of notices. The majority of members of the Commission shall
constitute a quorum fnr thy: transaction o1' business and fcr
the exercise of the po~~ters and authority conferred upon. the
Commission. The Ccnunission shall hold at least one mu ting ir.
each month and shall. ,rciopt rules for the transaction of business
consistent with the laws of the State of Hati~aaii and the
ordinances of the County of Hawaii.
The Commission shall 7teep a record of i.ts Findings and
determinations, which record shall be a pub7.ic record, The
office of the Corr:mission shall be in the County Building at
Hilo, Hawaii, or such ether place designated by the Conunission
with the approval of the Board of Supervisors,
The term °published notice," wherever used in this ordinance,
means notice by publication in a daily ne~,aspaper o{' general
circulation in the Ccunt.y Tor two (2) days (either including
or excluding Sundays), the first of such publications to :he at
least ten (10) days prior t,o the date of hearing so noticed,
and the second, two clays prior to the meetinc,
SECTION ~. Czeneral. powers and duties. The County Planning
Commission shall advise 'the Board of Supervisors and the Planning
Director in matters concerning the planning programs.
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A. General plans.
It shall be the function and duty of the County Planning
Commission to prepare e general elan J.'or the physical development
of the County of Hawaii and transmit same to the Board of
Supervisors for its crmsideration and action. The :3oard of
Supervisors shall adopt the n,eneral plan by ordinance. Th~a
general plan shall set forth the Boards policy for the long-
range, comprehensive physical development of the County. Che
general plan shall include a map of the County and shall contain
a statement of development objectives, standards and principles
with respect to the most desirable use of land within the ~ount y
for residential, recreational, agricultural, conunercial,
industrial, and other purposes; the most desirable densit~~ of
population in thr; several parts of the County; a system of
principal thorougiu arcs, highways, streets, and other pub'_ic
open spaces; the genera; location, relocation, and iml~~rovement
of nu(~lic buildings; the general location and extent of public
utilities ar.d terminal:;, whether publicly or privately owned,
for water, sewers, light, power, transit, and otl~ier purposes;
the extent and location of public housing projects; advruate
drainage facilities and control; and such other matters as may,
in the ;3oard~s judgment, be beneficial to the social econ:nr.ic,
and governmental conditions end. trends and shall lie designed
to assure the coordinated development of the County and t~-,
promote the general welfare and prosperity of its people.
Prior to submitting the general plan or any amendments
thereto, the Corrunission shall hold a public hearing thereon at
which interested l,~e,rsons shall be afforded a reasonable opportunity
to bz hear~9, h~otice of the time and place of the hearing shall
be giver. in the manner r;rovided in Section i. The general plan
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and all modifications thereof, shall be kzpt on file in tl'ict
office of the Commissi~,n,
3. Subdivision regulations,
The Commission shall prepare and submit to the Scard for
its approval regulations governing the subdivision of real
property in the County of Hawaii. Such regulations shall
coordinate streets within subdivisions with other er.istinc or
planned streets, or with other features of the general plan
for the adequate and convenient placing of open spaces i'or
traffic, utilities, access for fire-fighting apparatus, recreation,
light a?zd air, and for the avoidance of congestion of population,
including minimum width and area of lots, and Cor a proper
distribution of population and traffic which ~.aill tend to
create conditions favorable: to public health, safety and morals.
f111 such regulations shall be enacted as ordinances of the
County of Hawaii and shall be published as provided by lae~a for
the publication of ordinances.
L. Zoning regulations.
The Commission shall prepare and submit. to the Soard for
its approval, regulations to regulate and limit the hei pt
and bulk of buildings, to regulate and determine the area of
yards, courts and other open spaces, and to regulate and
restrict the location of trades and industries and the location
of h~.rildings designed for specii'ic uses cr creating districts
for any such purposes. .411 such regulati:~n=_ shall be enacted
as ordinances of the County of Hawaii and shall be nublisha,d
as provided by 1a~~r for the publication of erdinances.
The Commission may, upon its own initiative at any time
or upon application as provided in Section 5, recommend the
adoption of an ordinance amending or repealing any zoning
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regulations or the enactment of a ne•~; ordinance regulatinc
land uses after a public hearing thereon is held, Published
notice of the hearing shall be given in the manner provided
in Section i.
Notwithstanding the foregoing, any ordinance regulating
land use and affc;cting lands in a redevelop;nent project area
shall be amended with~~~ut the neeessit:y aC a public hearing to
cor,Porm to the approv~,d redevelopnLenh plan upon acquisiti~m of
said lands by the Hawaii Redevelopment Agency in accordance with
Section Lyj-7, Revised Laws of i?awaii 1555•
SECTION j. Application for changes in ordinances anti £or
new ordinances. !`,ny application for a change in any ordinance,
or for any new ordinance referred to in the preceding section,
may be filed with the Commission by the owner or lessee holding
under a recorded lease of any real estate affected by and- surh
ordinance or to he affected by the proposed changes, upon
depositing with the Commissi~~n the sure of One HundredL'o]tars
($100.00) to cover al;. ner_essary cost; provided that no such
application shall be considered by the Comr:issicn unless seventy-
five per centum (7JJ) ci' the persons, being the owners or lesseac.
(tine une>:pired term o£ which is more than £ive years £r on thz
date of filing such application) of real estate situated within
a distance o£ 750 feeh from the nearest point of the rea_ estate
owned or held by the application, shall join in such appication.
The Commission shall consider and act upon such application, and
shall hold public hearing thereon, notice of which shall be given
in the manner as provided ir_ Section j.
SECTION h. Niiscells.neous pourers and duties. The County
Planning Commission shall have the power to promote public
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interest in an understanding of the general plan, and to that
end, may publish and distribute copies of the plan or of any
reports, wind may employ sur,h other means of publicity and
educaticn, as it may determine, within the. limits cf it.s
approi'~riation or other funds made available.
The Comrission shall, from time to time, and at lzast
annually, submit reports in writing to the Hoard of Supervisors,
giving information 'retarding the condition of the County and
any plans or proposals for the develo,,~mert ~-~£ the Courity end
estimates of the cost thereo', and these reports shall coctain
such other suggestions and recommend_tions as the Cou.nt,y
Planning Commission ['cols should have inur;ed.iate attention.
SECTION 7. Trans`er of personnel. ~1! employees of the
Planninc and Traffic Commission are hereby transferred to the
Ceunt}r Planning Commission without suffering any loss of salary,
seniority, ;prior service credit, vacation, sick leave or other
employee benefits or yrivileges.
~ECTIOTd t?. Change tc County Planning Commission. Any
ordinance o'~-' the County o` Hawaii re±erring to the Planniag
and Traffic Commission shall be deemed to refer to thv Ccnnty
Planning Commission when tine subject matter relates to planning,
subdivisions, zoning or other related matters.
SECTTON ). Repeal, County of Hawaii Ordinance Nos, i9,
7), 1~2, and llifl are hereb~,r repealed.
SECTION 10. Preservation of ri~,~hts and liabilities. The
repeal shall not affect any act done, ratified or confirmed,
or any right accruing or accrued or zstablished, or any action,
suit or proceedings had or commenced in any civil cause, _>rior
to the repeal, and all. rights and liabilities under any
ordinance embraced in or repealed by this ordinance sha ll
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continue and may be enforced in the same ma:urer and tiaith the
same effect as if the repeal had not been made.
SECTIOPI 11. Section ?_1 of Ordinance TQo. 23 of the County
of Hawaii is hereby arnende~.9 to read as follows;
":3ection 21. Variancz 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 a_**fectec9 by Zoning regulations, and vaho
seek variances from, rather than changes in, such
regulations, shall file a ~Jaritten application therefor
with the County rlanning Commission, setting fort?: therein
a description of the property, the regulatiens so affecting
it, and the conditions justifying a variance from such
regulations. The application shall be accompanied with a
deposit of Cne lundrzd Dollars ($100,00), 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 application presents a
'ituation wherein strict enforcement of the existing
regulations would involve practical difficulty or
unnecessar~~ hardship, and further provided that desirable
relief may be granted in such a ,gay as to grant relief and
at the same time protect the public ini:erest and general
welfare, the Com?nission, subject to the approval of the
aoard of Supervisors, may issue a variance permit to such
applicant upon terms and conditions and for a period of
time as the facts may warrant."
SECTIOIQ 12. Section 6 of Ordinance IQ o, 1~3 of the County
of Hawaii, as amended, is hereby further amended to read r.~
follows:
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"SECTIGIQ ~. 'Jariances 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) cf real estate affected by zoning regulations,
and who seek variances from, rather than changes in, °uch
regulations, shall file a written application therefor with
the County Planning Commission, setting forth therein a
description of the property, the regulations so of"ecting
it, and the conditions justifying a variance from such
regulations. The application shall be accompanied with a
deposit of Thirty i)ollars ($30.60). The Commission shall
hold a public hearing on the application for variance and
shall publish notice of such hearing in a daily neti•JSpaper
of general circulation in the county for two (2) days
(either including or excluding ~undays,l, the first of such
publication to be at least ten (10) days prior to the date
of hearing, and the second, two (2) da;;rs prior to th~_ 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 suc;~ a way
as to grant relief an~9 at the same, time protect the ubiic
interest and generat ~~elfare, the Corm~:ission, subject to
the. approval of the Board of Supervisors, may issue a
variance permit to such applicant upon such terms and
conditions and fvr a period of time as the facts may warrant.
°lJlrere the relie~ requested is for a variance from
lot size requirements, the foregoing provisions as tr,
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notice and hearing nead not be, foilo~~red and the Planning
Commission, subject to the approval of the Hoard of
Supervisors, may nary such requirement:, provided:
(a} that thc: applisant~s situation involves difficult
~r unnecessary hardship; and (b} that the relief granted
~~~i11 not be detrimental to the public 1~.nterest, convenience
and welfare,"
SBCTIGN 1~•. Effective date. This ordinance shall take
effect upon its approval.
Hilo, Hawaii
Date of Introduction;
INTRODUCEll BY;
/..
~ t - t'' tt' l ~ .~- ~
Supervisor, 1st Senatorial
District.
P.pril 15, 1964
Date of Ado;~,tion: March 24, 1965
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` 1_x%'304 _ MAR 2 ~. i~65
° ~~• c' ; , . _ ._. April 15a .1964 .. ;.,
Supervisors Greenxell, Higashihara, Hisaoka,
Matsyoshi, Yadao and Chairman Hale - b.
None.
ABSENT AND EXCUSED:
Supervisor Osorio - 1.
~ ° / CcJC. c' c21 ~ ~i%/ .
/Gi. cwt-- ,.
NiOT I ON
I move to amend Section 1 of Bill Tdo. X97, creating
a County Traffic Commission, by changing the word and figure
five (5) appearing on lines 3 and 6 thereof to read as
seven (7); by changing the word and figure four ('.1) appearinc
on lines ~ and 11,_ thereof to read as three (3); by changing
the year 1965 appearing on line 12 the,rec:S' to read as 1966;
and by adding the phrase: "and two (7) members for a term
expiring January 1, 196ft" after the year "1y67" appearing
on line 13 thereof. Section 1, as amended, will read as
follows;
"Sr,CTIuN 1. Creation of County Traffic Commission.
There is hereb;% created a County Traffic Commission ~~~hich
shall consist of seven (7) members, c~!ith one representative
each from the Police Department, Division o£ State Highways,
and the County Public ':iorlcs Department as non-voting
advisory members. The seven (7) voting members shall bc:
appointed by the Chairman and Eeecutive Officer o£ the
Board with the approval o£ the Hoard of Supervisors and
shall hold office ('or three (3) years or until their
successors are appointed and qualified; provided that
of the members originally appointed hereunder two (~)
members shall be appointed for a. term expiring January 1,
Irj66, three (3) members for a term expiring January ], 1y67,
and two (2) membc=rs for a term Expiring January 1, 1~~6~3;
'thereafter every appointment sha.il be made for a tern:
of three (3} years commencing from the date of the
expiration of the last preceding term, Any vacancy
shall be filled by appointment for the remainder of
the unexpired term."
ORDINANCE NO. 305
(B.ill No. 297 - 1964)
AN ORDINANCE PROVIDING FUR A COUNTY TRAFFIC CON~IISSION AND
PRESCRIBING ITS POWERS, DUTIES AND FUNCTIONS.
This Bill creates a County Traffic Commission and
prescribes its organizational activities, powers, duties
and functions.
Date Introduced: April 15, 1964 - Date Approved:
March 24, 1965 - Date Effective: March. 24, 1965
Copies of the foregoing ordinance, in full, are on
file in the Office of the County Clerk ror use and
examination by the public.
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.~~ ~~OUNTY CLEF~~ ~' _ ~~ _~ - <<
II~
COUNTY OF HAWAII
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`: ? Board Committees r ::r:r. May.6~ x.964........_........
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Ord. Hill 296: referred and referred to Uommittee
Ord. Hill 2971 on Public w`orka.
Bill 297/P4:C-50
POLICE DEPARTN:ENT ~'klY 21, 1964
Niay 20, 1964
Bill No. 2971 Refer to Police Department Yor aommente and recsommeidatione
back to committee.
,defer To'.
G-~~~ YPaG"~ T
CYS '. ~~
;3,111 ~`a7 '1961+
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-- - - - _ .. Clerk
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_... 1uI. KAAUA, County
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MARC'ARET
OFFICE OF THE COUNTY CLER._
COUNTY OF HAWAII
Hilo, Hawaii
T0:...._ALAYM31i'i tt RRAlFIC QG1~138930M
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To: ~96k/~-69
Bill ,~
Hill X94'
Date: -t1~1~!s 3l 1- -
The following action was adopted by the Board of Supervisors at i~s meeting held ................t!~!R.7..--..
Rstor fo 196} CasnittM oft P+tblie
Encl.
oot Adr. 1Ntt ko BiA. Con.
MAR¢ARET M. KAAUA, County Clerk
F-z
RE:
MEETING OF: March 24, 1965
ACTION: Accepts amendments as attached and recommends
adoption of bill for second reading,
OFFICE INFORMATION ONLY
RE: Bi11 297/PN'C-7
F-5
AFFIDAVIT OF PUBLICATION
State of Hawaii )
SS:
County of. Hawaii )
SHAW
duly sworn, c3.eposes and says:
being first
1. That he is the___ ADVERTISING MANAGER of
HAWAII TRIBUNE-HERALD
newspaper published in the City of HILO
State of Hawaii.
a
2. That the " BILL N0. 297 (Traffic Commission)
" of which a clipping from the newspaper
as published is attached hereto, was published in said
newspaper on the following date(s) April 23 ]9 64
> -
(etc.).
Subscribed and sworn to before me
this 27th day of April _, lg 64,
,y-`', _.
N~a y Public, Third Circuit,
State of Hawaii
My commission expires -i -~~- c~
AFFIDAVIT OF PUBLICATION
State of Hawaii )
SS:
County of Hawaii )
D. SHAW _, being first
duly sworn, deposes and says:
1. That he is the ADVERTISING MANAGER of
HAWAII TRIBUNE-HERALD
a
newspaper published in the City of_ HILO ,
State of Hawaii.
2. That the "
BILL N0. 296 (Planning Oommission)
" of which a clipping from the newspaper
as published is attached hereto, was published in said
newspaper on the following date(s) April 23
7964
(etc.).
Subscribed and sworn to before me
this 27t1y day of April _, 1~4
--°-'~~
Notary Public, Third Circuit,
State of Hawaii
My commission expires ~'- l~ s ~ y