HomeMy WebLinkAboutORD 1967-063~~
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COUNTY OF HAWAII -STATE OF HAWAII
ORDINANCE N0. 63
AN ORDINANCE OF THE COUNTY OF HAWAII, STATE OF HAWAII, ESTABLISHING
PROCEDURES FOR THE DIVISION OF THE COUNTY INTO LAND USE DISTRICTS:
CREATING REGULATIONS FOR THE TYPE, SIZE, PLACEMENT AND CONTROL OF
STRUCTURES, OF THE USE OF LAND AND STRUCTURES WITHIN EACH OF THE
VARIOUS DISTRICTS: SPECIFYING PROCEDURES FOR THE ADMINISTRATION,
ENFORCEMENT AND AMENDMENT HEREOF: AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII:
Section 1. TITLE
This Ordinance shall be known as the Zoning Ordinance.
Section 2. ADMINISTRATION
This Ordinance shall be applied and administered within the framework
of the "County General Plan" which is a long range, comprehensive, general
plan prepared or being prepared to guide the overall future development
of the County. Said "County General Plan" shall consist of that portion
of the "State's General Plan" that applies to the County, or such lesser
portion thereof as the County may adopt, together with those "Comprehen-
sive or General Plans" for sections of the County which may hereafter be
adopted as amendments to or portions of the "County General Plan."
Section 3. DEFINITIONS
A. As used in this Ordinance certain words, terms and phrases are defined
as follows:
1) Alley: A narrow street through a block primarily for access by
service vehicles i,o the back or side of properties fronting on
another street.
2) Apartment house: (See "Dwelling, multiple.")
3) Building: The word "building" includes the word "structure."
4) Building, accessory: A building detached from and subordinate
to a main building on the same building site and used for
purposes customarily incidental to those of the main building.
5) Building, community: A building for civic, social, educational,
cultural and recreational activities of a neighborhood or
community group or association and not operated primarily far
financial gain.
6) Building, existing: Any building upon which construction was
lawfully begun or completed prior to the effective date of this
Ordinance or any subsequent amendments hereto.
7) Building height: The vertical distance measured between the
average level of the finished ground surface adjacent to the
building and the upper-most point of the building excluding
only those features which may exceed the district height limits.
(See Section 30, Subsection E.)
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8) Building line: « line on a lot indicating the limit beyond
which buildings or structures may not be erected.
9) Building, main: A building in which is conducted a principal or
main use on the building site on which it .is situated.
10) Buil3in~ site: ii parcel of land occupied ar to be occupied by a
principal use and accessory uses and/or a building or group of
buildings which parcel complies with all the requirements of this
Ordinance relatixig to budding sites. It :includes the words "lot"
and "plot."
"11) Building: site, average width: That figure ottaired by dividing
the total area o£ the parcel of land by the maximum depth of such
parcel measured in the general direction oi' the side lines. (See
Section 30, Subsection C.S.)
12) Care Home: A facility which provides general or rehabilitative
care incident to old age o° disability to two or more persons
unrelated to the operator for which care payment is received.
These homes exclude admission of residents less than semi-
ambulatory or those needing long-term nursing care.
13) City of Hilo: All of tYiat portion of 'the district of South Hilo,
County of Hawaii, which is bounded on the south side by the
district of Puna; bounded on the west side by the districts of
Rau and North Hilo; on the north by the Ahupuaa of Paukaa and on
the east by the sea.
14) Commercial amusement establishment: any place tirhere entertainment
or amusement is provided inhere the public en a commercial basis
may observe or jc:r: in the activi"ties. (S~e Section 18, Sub-
section Bo21.)
15) Commercial excavation: .Any excavation or removal of natural
materials not related to or not occasioned by an impending
development of t}~e site of such excavation.
16) Conforming: Ir, compliance with the regulations of the pertinent
district.
17) Construction, be~innin~ of: The actual placing of construction
materials in their permanent position, fast~sned in a permanent
manner.
18) Density: The number of persons, or dwelling units or rentable
units for a particular unit of (gross) land area. (iJhen used
with the terms low, medium, high, etc., i_t denotes relative
comparison only among the various districts or areas in the
County.)
19) Director: 'Che Director of the County Planning Commission.
20) Drive-In: An establishment dispensing food and/or drink and
catering to customers who remain in, or leave and return to,
their automobiles for consumption of said food or drink on the
premises; and shall further include any business designed for
serving customers at a "drive-up" windova or while they are in
their car.
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21) Dwellinrc 4 building or part thereof designed for and/or used
for rssidertiai occupancy and containing one or more dwelling
units,
22) D_wellin~ unit: One or more morns designed for or containing or
used as the complete faclitie,~ for the cooking, sleeping and
livi.ne; arc e. ci a single-family onl~r and occupied by no more than
one farrril;
23) Dwell_ittg, cine;le-family: A building containing only one dwelling
unit,
24) DwellinP, duu:lex or double-famllti-: A building containing only
two dwelling units.
25) Dwelling, multiple: A building containin@; more than two dwelling
units .
26) Dwelling, mobile: A structure or veY.icle containing one or more
dwelling units designed so as to be transportable either by being
carried or towed or under its own power, whether or not the wheels,
skids or other devices for transportability are actually in place.
27) Casement: An acquired privilege or right of use or enjoyment
which an individual, firm, corporation, unit of government, or
group of individuals has in the '_and of another.
26) Erected: The word "erected" includes "constructed," "reconstructed,"
"altered," "placed," or "moved."
29) Family: An individual, or two or more persons living together
as a single domestic housekeeping group in a dwelling unit, as
distinguished from a fraternity or sorority or a group occupying
a boarding house, rooming house, lodging house, dormii;oxy, motel,
hotel or other corr4nerci~l lodging house, dormitory, motel, hotel
or other commercial lodging estabiishrsnt,
30) Floor area, r~ross: The total a°ea of all floors of a building
including a basement measured ;aong the exterior walls of such
building.
31) Floor area, nets The total gross floor area of all buildings
occupying s parcel exclusive of floor area permanently allocated
for parking or :~cadinr; spaces.
32) Future width lines: Lines established for purposes of future
widening of an existing street and establishing the front property
line of affected. property. T'le area oaithin these lines or between
a future tiridt;r line and ar. existing street right-of-way line,
shall be ~+eemeu to be street; right-of-way. (See Section 29, C.
and D.)
33) Frontage: That portion of a parcel of property which abuts on
a road, sheet, or hihwe3 :~~hich affords access to the property.
34) Guest house: ~r detached accessor;> building used as sleeping
quarters for guests of the occuparns of tyre main dwelling on a
non--coxrmercial basis c_nd :paving no cooking facilities.
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35) Quest or resort ranch: An establishment with its surrounding
land whicr offers recreational facilities such as riding,
swimming, hiking, etc., a.nd supplemental living accommodation.
36) Home occupation: Any use customarily conducted entirely within
a dwelling and carried on solely by the inhabitants thereof, in
connection with which there are: no display visible from outside
the building; i':o mechanical equipment used except as is normally
used for domestic or• household purposes; and no selling of any
commodity on the premises; c:rhich use is clearly incidental and
secondary to the use of the dwelling for dwelling purpose and
does not change the character the reof. The office, studio, or
occupational room of an architect, artist, engineer, lawyer or
other similar professional person; business conducted entirely
by phone or by mail (not involving frequent; bulk shipments); and
an office for doing "homework" of a person in business elsewhere;
all shall be permitter as home occupations except that no activity
involving, encouraging, or depending upon freouent visits by the
public and no shop or clinic of any type shall be deemed to be a
home occupation.
37) Hospital: An institution in which patients or injured persons
are given medical or surgical care. (Unless otherwise specified
this means for persons only.)
36) Hotel: A building containing sleeping accomodations in six or
more rooms for use o:' persons, on a commercial basis whether such
establishment is calved a hotel, inn, motel., motor hotel, motor
lodge, or otherwise, which rooms do not constitute dwelling units.
39) Junk yard: The use of more than 2C0 square feet of land for
storage or keeping of junk or scrap or waste materials; or the
use of any area for the dismantling or wrecking of vehicles or
machinery or for storage of parts resulting therefrom.
40) Kennel: Any pt~mises keeping or having more than four dogs more
than four mont'~s of age which are kept, boarded, or trained,
whether in special buildings and/or runways or not, and operated
on a commercial basis.
41) Landscape or T~ndscapin~: To improve by landscape architecture
or gardening.
42) Lrand Use: See "Use, land."
43) Lot: A building site as defined and used herein or a portion of
land shon~n as a unia on an approved and recorded subdivision map.
44) Lot line: an~r boundary of a lot (property :Line),
45) Lot line, interior: ;.ny line of the; lot other than the street
frontage.
[F6) Lot line, rear: The lot line that is generally opposite the
street £ront~rge.
47) P~;all: A pub7_ic ti:~aLc for pleasure, display, circulation, activity,
relaxation, or exercise and composed. of shrubs, trees, flowers,
and street fur:titure. Interchangeable i•rith promenade. ,Minimum
width is 2G feet.
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48) Mobile horile park or mobile dwelling park: Any space that is
occupied or designed for occupancy by one or more mobile dwellings.
49) Non-conforming building, or parcel: A buil~3irg or parcel. lawfully
in existence but which does not comply with the regulations for
the district in which it is ].orated.
50) Non-conforming use: ~~. use lawi'nl~_y in s;isteuce at the time o£
adoption. ofof this Ordinance or a later amendri.enL hereto bur which
does net conform to the ragulatioxrs for the district in which it
is located.
51) Glder Cottumtnties: Designated areas within developed land that
have established a. community character due to the age of the
physica.7. improver:,ents and being substandard in arty one of the
minimum building; street, water or sewage disposal requirements
of the County. (See Section. 35, Subsection A.3,)
52) Pedestrian ~day: ~: public right-of-cvay through a Llack between
lots for pedestrian traffic; which may also be used as a utility
easement. i%iaximum width is 2J feet.
53) Pigaerv: tiny parcel or premioAs where five (5) or mere weaned
hogs are maintained,
54) Plan lines for future streets: Lines established for the purposes
of future street construction and establishing i;he front property
line of affected property, 'Phe area within these lines shall be
deemed to be street riE=,ht-of-sway. (See Section 29, L. and r.)
55) Rentable unit: separa+,e room or rooms fc° sleeping accommoda-
tions let, rentcu ,~; leased as a unit by the room or suite;
however, in the case o:' sleeping accommodations let or rented by
the bed, then a rentable unit shall be two beds.
56) Resort; area: An area ;rift. facilities {;o accommodate the needs and
desires primarily of visitors, tourists and transient guests.
57) School: {place for teaching, demonstration, or for learning.
However, uiless otherwise qualified the word "school" shall mean
a place fcr primarily academic instruction equivalent to what is
commonly known as kindergarten; grade school, high school, college
or a combination of same.
58) Story: That part, o£ any building between. the base o£ a finished
floor and the toe of the finished ceiling neat above it.
59) Street: A private or public wad- or thoroughfare, however designated,
which affords the grin^_ipal means oi' vehicular acres to abutting
properties.
60) Street frontage: 'What portion of a buildin„ site that has a common
line with a street right-of-way line and said street frontage is
designated as the front property Brie.
61) Structure: Any combination o£ materials foaming ai~v construction
the use of which reeiuires location on the ground or attachment to
somethin€; har_ng location on the ground. The word "structure"
shall be construed as though followed by the words "or part thereof."
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62) Use: The purpose to which land and/or arty structure or improve-
ment thereon is or may be put. (The c,~ord "use" is synonymous with
terms "land use" and "use of land" unless the context clearly
indicates otherwiseo)
63) Use, accessory: ii use which is customarily associated with and
subordinate to the main or principal use and which is located on
the same building site therewith.
64) Use, land: 'Chu ,rorci "land use" shall include "use of land,"
"building use," and. "use of bui.lding."
65) Used: The word "used" shall include "designated, intended or
arranged to be ~.rsed."
66) Vista: Along vieir; an exceptional view; a panoramic view; also
the overlook or point from which such vies! is available.
67) Yard: An open space on the sarne lot vrith a building, which open
space lies bett~reen the building and the bounding lot :Lines, and
is unoccupied and unobstructed from the ground upward except for
landscaping and except for certain features specified in Section
30, D.
68) Yard, front: A yard lying between the street line on which the
lot fronts and a line parallel thereto which runs through the point
of the building nearest to said street line. (The depth of said
yard is the distance between the parallel lines.) (See Section 30,
Subsection D.3.)
69) Yard, rear: A yard lying between the rear lot line and a line
parallel thereto extended to intersect the side lot lines, which
line runs through the point of a main building nearest the rear
lot line. (The depth of said yard is the distance between the
parallel lines.) (See Section 30, Subsection D.4 and 5.)
70) Yard, side: A yard lying between the front yard, the rear yard,
the side lot line and a line parallel thereto which runs through
the point of the building nearest to said lot line. (The width
of said yard is the distance betti•reen the parallel lines.)
71) Zone: A "district" as used herein.
Section 4. DESIGNATION OF DISTRICTS
A. The land use districts of the County shall consist of the following
districts:
1) RS, Single Family Residential Districts (Section 9.)
2) RD, Double Family Residential Districts (Section 10.)
3) RM, M9x].tiple Fami],y Residential Districts (Section 11.)
4) RA, Residential and Agricultural Districts (Section ].2.)
5) A, Agricultur~.l Districts (Section 7.3.)
6) U, Unplanned Districts (Section 14.)
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7) V, Resort-Hotel Districts (Section 15.)
8) CO, Commercial Office Districts (Section 16.)
9) CN, Neighborhood Commercial Districts (Section 1'7.)
10) CG, General Commercial Districts (Section 18.)
11) CV, Village Commercial Districts (Section 19.)
12) NIL, Limited Industrial Districts (Section 20.)
13) MG, General Industrial District;, (Section 2.1.)
14) 0, Cpen Districts (Section 22.)
15) Combining Districts (Section 5.)
Section 5. DESIGNATIOid OF COIIBIIdI11G DISTRICTS
A. "Combining Districts" shall consist of the following special purpose
districts:
1) S, Safety Districts (Section 2£3.)
Section 6. METHOD AND EFFECT OF E;TABLISH~NT OF DISTRICTS
A. Any of the districts listed in Sections 4. and 5 hereof are or may be
established :for any portion of the County in map form as Section 7,
7.01, '7.02, etc., or described by metes and bounds description or other
appropriate means as Section 8, 8.01, 3.02, etc., under procedure set
forth in Ordinance No. 321 of the County of Ha~,aaii, 1965. In case of
conflict between the "Zoning P+la.p" and metes and bounds delineating
district boundaries tshe latter shall control. (See Section 6.E.)
B. Sections 7 and £> hereof shall constitute the "Zoning NIap" of the County
of Hawaii, an up-to-date copy of which shall be kept for public
display in the office of the Planning Commission.
C. The "Zoning ~;ap" and all. notations, references, data and other inform-
ation shown thereon shall be. a part of this Ordinance;. The adoption
of or thu change. in th.: boundary of an;s-, 3ist,rict shall bo by
drdirsne.: zrd st,cal ccr.:;:,i~utu as ar,endr..ent to this 'Coning Ordinane~.
D. Application of District Regulations: The provisions of this Ordinance
for each district shall apply uniformly to eac!:~ class or kind of
structure or land ~.aithin said district, except as hereinafter or
otherwise provided:
1) No building, structure, or land shall hereafter be used or occupied,
and no building or structure shall hereafter be erected, constructed,
reconstructed, moved or structurally altered unless in conformity
with al.l of the regulations herein specified for the district in
which such structure, land or premises is :Located.
2) P1o building or other structure shall hereafter be erected or
altered to exceed she he~.,ht; to accommodate or house a greater
number of families; to occupy a Treater percentage of lot area;
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to have narrower or smaller rear yards, front yards, side yards,
or other open spaces than herein permitted; or in any other manner
contrary to the provisions of this Ordinance.
3) No part of a yard, or other open space, or off-street parking or
loading space required about or in connection with any building
£or the purpose of complying with this Ordinance, shall be included
as part of a yard, open space, or off-street parking or loading
space similarly required .for any other building.
Ci.) No yard or lot existing at the time o.f passage of this Ordinance
shall be reduced in dimension or area below the minimum requirements
set forth herein. Yards and lots created after the effective date
of this Ordinance shall meet at least the minimum requirements
established by this Ordinance.
E. Rules for Interpretation of District Boundaries: '~Jhere uncertainty
exists as to the boundaries of any of the aforesaid districts as
shown on the "Zoning Map," the following rules shall apply:
1) Boundaries indicated as approximately following the center lines
of streets, highways, or alleys shall be construed to :follow such
center lines;
2) Boundaries indicated as approximately following platted lot lines
shah be construed as following such lot lines;
3) Boundaries indicted as approximately following city :Limits shall
be construed as following city limits;
4l Boundaries indicated as following shore lines shall be construed
to Follow high water lines, and in the event of change in the
shore line shall be construed as moving with the actaal high water
lines; boundaries indicated as approximately following the center
lines of streams, rivers, canals, lakes, or other bodies of water
shall be construed to follow such center lines;
5) Boundaries indicated as parallel to or extensions of features
indicated in Subsections 1 through 4 above shall be so construed.
Distances not specifically indicated on the "Zoning Map" shall
be determined by the Director scaling the distance on the "Zoning
Map.
6) "v,'here physical or cultural features existing on the ground vary
from ti:ose shown on the "Zoning Map," or in other circumstances
not covered by Subsections 1 through 4, the Director shall
determine the location of such boundaries. (See Section 6. A.)
Section 7. 7.01, 7.02. etc. (These sections shall consist of sections of
the "Zoning Piap" and shall delineate district boundaries, building
lines, future oJidth lines, future streets a:nd other information
in map form.)
Section 8. 8.01, 8.02. etc. (These sections shall consist of sections of
the "Zoning Map" and shall describe district boundaries, building
lines, future width lines and future streets by metes and bounds
or by other appropriate means.)
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Section 9. REGULATIONS FOR RS, SINGLE FAR7ILY RESIDENTIAL DISTRICTS
A. PURPOSE AND APPLICABILITY
This district provides for low density residerGtial area, :for urban
and suburban family life,
It applies to areas having facilities and to carry out the: above
stated purpose.
B. PERMITTED USES
1) Single family dwe_'lings.
" 2) Golf courses where the edge of a tee or greer, is not closer than
one hundred (]_00) feet to any property line.
3) Country clubs and golf club houses where no structure or activity
area such as pools, games, etc. is located closer than two hundred
(200) feet to any property line.
4) Neighborhood parks, pla;Jgrounds, tennis courts, wading pools and
similar neighborhood recreational areas and uses.
5) Growing and gathering=, of crops, fruits, vectables, flowers, trees
and other plants provided no separate building for retail outlet
is constructed.
6) Home occupations.
7) Buildings and uses normally considered directly accessory to the
above permitted uses.
C. HEIGHT LII•LITS: Twc a.nd ore-half (2-1%2) stories but not higher than
thirty-five (35) £eet.
D. hfINIMUM BUILDING SITE AREA iIND DESIGNATION OF DISTRICTS
1) Each RS district shall be designated on the: "Zoning Map" by the
symbol "RS" followed by a number which specifies the required
minimum building site area in thousands of square feet.
2) No RS district shall be designated as having a minimum building
site area of less than. 7,500 sauare feet (except as indicated in
Sections 33 and 34)•
E. MINIMUM BUILDING SITE AVERAGE >n.~IDTH
Each building site ir, a RS district shall have a minimum average
width of sixty (60) feet, plus two (2) feet for each five hundred
(500) sauare feet of required building area in excess of 7,500 square
feet, except that no building site shall be recuired to have an average
width of more than one hundrod fifty (150) feet.
F. MINIi~IUAI YARDS
1) On a building site in ,~ district with a recuired area of 7,500 to
and including; 9,999 sauare feet; front and rear yards, fifteen
(15) feet; tide yards, eight (8) £eet.
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2) On a buildin;.; site in a district with a required area of 10,000
to and ircludinp; 19,999 :%quare feet, front and rear yards, twenty
(20) feet; side yards, ten (10) feet.
3) On a building site in a district with a reouired area of 20,000
square feet or more; front and rear yards, twenty-five (25) Feet;
side yards, fifteen X15) feet.
G. OTHER REGULATIONS (See Section 30.)
1) There may be more than one single .family dwelling on each building
site provided there is not less than the required minimum building
site area for each dwelling.
2) If a legal building site in any RS district has less area or
average width than is reouired, then the yard requirements for
said building site shall be the same as in the RS district having
the largest requirements for which said building site can comply.
3) The required off-street parking shall be in a garage or carport
or in a location where it would be permissible to erect a structure
to cover such space.
Section 10. REGULATIONS FOR RD, DOUBLE FAMILY RESIDENTIAL DISTRICTS
A. PURPOSE AND APPLICABILITY
Th1s district provides for moderate density areas characterized by
the establishment o£ one or two families on each building site.
It applies to areas with developed community facilities. It may
occupy a transitional area between RS districts and those districts
having a much more intense use of land.
B. PERMITTED USES
1) Same as the "Permitted Uses" in RS districts.
2) Structures to house two .families, either as a duplex or as two
separate single fami],y dwellings.
C. HEIGHT, .'+.~E.~, "IDTH .~idD YARD REGULATIONS
1) Same es for RS districts but utilizing the symbol "RD" Followed
by a nw~r~ber for minimum building site area designation.
D. OTHER REGULATIONS (See Section 30.)
1) There shall be no more than two dwelling units erected on any
building site in a RD district.
2) Distance bets-reen buildings. There shall be at least fifteen (15)
feet betv,een two single family dwellings on the same building site.
3) If any legal building; site in any RD district has an area of
less than 6,500 souare feet, then; the use of the site is limited
to one dwelling unit.
4) Location of required off-street, parking: same as RS districts.
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Section 11. REGULATIONS FOR RT~i, P4ULTIPLE FAMILY RESIDENTIAL DISTRICTS
A. P[,RPOSE AND APPLICABILITY
This district provides for high density residential use. It covers
areas with full communit; facilities and services. It may occupy
transition areas betvaeen commercial or industrial areas and other
districts of le.;s intense land use.
B.. PERPITTTLD USES
1) Same as the "Pe;°~r~itted Uses° in RS and Fu) districts.
2) Boarding, rooming or lodging houses.
3) Clubs, lodges, social orders and fraternal organizations.
4) Apartments.
5) Incidental and subordinate commercial or personal service uses
that display no signs and 'nave no direct access from any street
frontage in apartment buildings with fifty (50) or more rental
units.
6) Buildings and u, e;; normally considered. directly accessory to the
above permitted uses.
C. HEIGHT LIPIITS: Z"r,ree (3) stories but not higher than forty-five (45)
feet except that a"use permit" may be granted for a four (4) story
building with a maximum height of sixty (60) Peet if the Flanning
Commission finds, in addition to the requirement:, contained in Section
35, that the talle:a building will not dominate the landscape and in
the City of Hilo, ten (1.0) story but not liighe:r than one hundred twenty
(120)feet; Kailua-Kona., seven (7) story but not higher than ninety (90)
feet.
D. MINIMUM BUILDING SITL AREA A1VD AVERAGE ',IIDTH
Each building site shall contain a minimum area of 7,5G0 square feet
with a minimum average vaidth of sixty (60) feet.
E. MINIMUM YARDS
1) Front and rear yards: Twenty (20) feet.
2) Side yards: For a one story building, eight (S) feet; and an
additional two (2) feet more for each additional story permitted.
F. OTHER REGULATIONS (See Section 30.)
1) There may be more than one main building on any building site.
2) Distance bettreen buildings on the same building site shall he at
least fifteen (15) feet.
3) District designation and density.
a. Each district shall be designated on the "Zoning ,"4ap" by the
symbol "RIB" follocred by a number which shall indicate the
reouired land area, in thousands of square feet :for each
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dwelling unit oi• for each separate rentable unit in the case
of boarding, rooming or lodging houses, clubs, lodges,
fraternity or sorority houses.
b. In case any of the permitted uses have dormitories, then the
land ar=a recuirement shall mean £or each two beds.
c. The maximum density designation shall be p~_,75 which means
750 square feet of land area per dwelling unit or separate
rentable unit.
d. The following increments between the various district designa-
tions shall be used: .75, 1, 1.5, ?, 2.5, 3, 3.5, 4 and
upward in increments of 500 seuare feet.
4) Plan approval i^, required of all. uses and buildings. (See
Section 32.)
Section 12. REGULATIONS FOR RA, RESIDENTIAL AND AGkICULTURAL DISTRICTS
A. PURPOSE AND APPLICABILITY
This district provides for low density large l.ot suburban or rural
areas where the principal use is residential mixed with compatible
agricultural uses.
It may be characterized by "residential estates," "small farms," or
"subsistence lots."
B. PERMITTED USES
1) Single family dwellings (only one per building site).
2) Botanical gardens, nurseries and green houses, seed farms, plant
experimental stations, arboretums, floriculture and similar uses
dealing with the growing of plants.
3) Truck gardening, crop, bush and tree farming and all forms of
plant agriculture.
y) Physical processing (exclusive of cooking and canning), storage
and sale of plant products produced on the premises provided that
the site or buildings used for such processing, storage or sale
shall be located at least 75 feet from any street bounding the
p rope rty.
5) The raising or keeping of animals, with the exception of pigs, for
home use or for sale elsewhere subject to the requirements of the
Department of Health 4nd apmroval o£ the Director.
a. Any feed or water area, salt lick, corral, run, barn, shed,
stable, house, hutch or other enclosure for the keeping of any
~ permitted animals shall be located at least 60 feet from any
residence. Ir. case the adjoining lot is vacant and subsequently
a residence is built on that lot, the animal enclosure shall
• be moved to cerform to this rer:uirement.
6) Golf courses, country clubs, swimaning parks, tennis clubs and
courts, and other similar recreational uses.
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7) Public parks, public playgrounds and other similar public
recreational areas that are essentially open lands.
B) Home occupations.
9) Commercial or boarding stables, when on s parcel of land containing
at least five (5) acres.
10) Private rluSs, lodge,, hunting and fishing lodges, fraternal and
social orders.
11) Guest or res~r'; rauctres.
12) Airfields, hcaipo.ts and private landing ;;trips.
13) Driving r~~.nge.^,, drive-in theatres, stadiums, sports arenas and
other similar oj;en ~:.ir recreational uses.
La) Veterinarian's oi'fice, clinic or animal hospital involving in-patient
boarding only.
15) Pigs, sub;;ect to t;he requirement; of the Department of Health and
the development character o£ the neighborhood, and when on a parcel
of land containing not less than three (3) acres.
a. Any building or enclosure for the keering of pigs must be at
least sixty (EO) feet from any property line.
16) Building and uses accessorc to the above permitted uses and subject
to approval of the Director.
C. HEIGHT LIi4ITS: Toro aad one-half (2-~_/~) stories but not higher than
thirty-five (35) feet.
D. Nt~NIMUhi BUILDING SITE ;iR;~A r.T~T) D]:STRICT DESIGid{TION
1) Each district shall be designated on the ~~?oning P"+ap" by the
symbol °RA" followed 'oy :a nwmber end the small letter "a" which
shall indicate the required niunber of acres per building site.
(e.g. RA-la n.eans a residential Agricultural District with a
minimum building site area of one (1) acre.)
2) The minimum area to be designated ].'or any RA district shall be
one-hal£ acre (-1/2a) and other districts may be designated in
increments of 1/2, acre up to a recommended maximum of three acres
(-3a) but this does not specify arty absolute upper limit.
E. I~iIMUi~i BUILDING SITL AVER1iGE irIIDTH
Each building site must have a minimum average width of one hundred
(100) feet for one-half (1/2) acre of rewired area plus twenty (20)
feet for each additional one-half (1/2) acre of required area except
that no building site sh<~11 be required to have an average width of
greater than three hundred (300) feet.
F. NIINIM[1M YARDS
1) Front and rear: 1`!~~enty-five (1.51 feet.
2) Sides: Fifteen (lj) Feet.
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G. (YI'HER REGULATIONS (See Section 30. )
1) If arty legal building site in any RA district has less than one-
hal£ acre of area, then the uses permitted and the regulations for
all struc~ures shall be the same as in an RS district having an
area recu`yrement nearest that of the building site in question.
Section 13. REGULATION'S FOR ~~, AGRICULTURAL DISTRICTS
A. PURPOSE AND APPLICti~,ILITY
This district provides for agricultural and very low density residen-
tial use, those rural lands suitable for agriculture and/or those
suburban ani rural. lands having potential suitability for other uses
but the time for zoning for such other uses i;, not yet appropriate or
facilities to accommodate the expected density are not yet available.
It applies to rural. areas of gcod to marginal agricultural and grazing
land or suburban ar rural area subject to urbanization, and a higher
density use.
B. PERI~STTED GSES
1) Single family dwellings (only one per building site).
2) tell fo:•ms of agriculture; tp:e growing and ~-athering of crops,
fruite, vegetables, flowers, trees, and other plants; the raising
and seeping of animals and fowls except as listed in Item 9; the
phyeical processing, storage and sale of the products produced
or, Lhe premises.
3) Golf courses, ccuntry clubs, parks, playgrounds, tennis courts and
ether similar recreational areas that are essentially open lands
2nd where none of the recreational_ features are entirely enclosed
,n a building.
4) ?rivate clubs or lodge,,, hunting or fishing lodges, and fraternal
or social orders.
5) Trailer parks with density of 3,500 square feet of land area per
trailer and i•;ith "Plan Approval° of the Director.
6) Home occupations.
']) Dormitories and additional single family dwelling^, for persons
employed on the premises when found to be necessary to the conduct
of an agricultural use by the Director.
8) Public dumps.
9) Piggeries, apiaries, and pen feeding of livestock vahen not closer
than 1,000 feet to an}~ major public road or to arty district other
than a "U" on site; approved by the Department of Health and the
Director.
10) Airfields, heliport:,, and private landing :;trips.
11) Corrmercial fertilizer yard utilizing only manure and soil.
12) The killing, slaughtering or drese~ing for r~rket of animals
produced on the premises.
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13) Fish and poultry hatcheries.
].Lr.) Processing, storage, packing, shipping and Salo of products
produced on the pre,..ises provided tl:e site or building used for
such activity shall oe at .least one hundred (100) feet from any
property line.
15) Riding academies, rental or boarding stables, dog kennels and
catteries.
16) !animal hospitals.
17) Commercial excavation or removal of natural building material or
minerals.
18) Guest ranches.
19) Hunting and Fishing lodges and preserves.
20) Use and buildings normally considered accessory to the above
permitted. uses subject to approval of the Director.
C. HEIGHT LIMITS: Three (3) stories but not higher than forty-five (45)
feet.
D. MININUN EUILDING SI.'I'E; tiREA AND DISTRICT DESIGNATION
1) Same as in IUl districts except the symbol "A" shall be used.
(e.g. A-l0a means an Agricultural District with a required
building site area of ten (10) acres.)
2) The nu.nimum area to be designated for any A district shall be one
(1) acre (-la) :md other districts having larger areas may be
designated in ixicrements of one (1) acre up to a recommended
maximum of forty (1~0) acres.
E. MINIMUM BUILDING SITL AVERAGE ?nrIDTH
Each building site must have a minimum average width of one hundred
tvaenty (120) feet for the, first one (1) acre of required area plus
twenty (20) feet for each additional acre of required area. The
maximum required average taidth for any buildi~ag site shall be 1,000
feet.
F. NffNIMUM YARDS: Front and rear, thirty (30) fa~et~ and sides, twenty
(20) feet.
1) Accessory buildings and enclosures, with the exception of fences
under eight (8) feet high, for the shelte~° or confinement of any
livestock shall be at least one hundred (100) feet from the front
property line,
G. CYPHER REGULATIONS (See Section 30.)
1) If any legal building site in any A district has an area of less
than one (1) acre, the uses permitted and the regulations for all
structures on said tuilding site shall be the same as in a RA
district having an area reouirement nearest that of the subject
building site,
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Section L~. REGULATIONS FOR U, UNPLANNED DISTRICTS
A. PURPOSE AND APPLICi;i?TLITY
This district applies to .areas not subjected to sufficient studies
to adopt specific distric!; classification.
&. PERP9ITTED USES
1) Single family' dwellings (one per building site).
2) Agriculture..-i. uses and buildings.
a. rill buildings and pens used for the enclosure of animals, except
a boundary fence, must be at least ore hundred (100) feet from
any property line and fifty (50) feet from any residence.
3) Processing, handling, and sale of agricultural products produced
on the premises if done at least one hundred (100) feet frem the
front property line.
4) Home occupations.
5) Piggeries and app-iaries on sites approved by the Department of
Health and the Director.
6) Hunting and fishing preserves or lodges.
7) Accessory buildings and uses.
C. HEIGHT LINIITS: Three (3) stories but not higher than forty-five (45)feet.
D. k7INIM[TNi BUIIDING SITE AHS;A: Five (5) acres.
E. MINIMUI~4 BUIL'JING SITE AV1~l,AGU bJIDTH: Two hundred eighty (280) feet.
F. MININiU"1~i YARDS: There shall be a thirty-(30) foot yard adjacent to all
property lines.
G. OTHER REGULaTICiVS (See Section 30.)
1) In order to assure that development is orderly and many small parcels
of land do not come intc existence prior to more comprehensive zoning,
each main use or Train building shall be lccated on a building site
having not less tkian five ( 5 ) acres .
Section 15. REGULATIONS FOR V, RESORT-HOTEL DISTRICTS
A. PURPOSE AND APPLICABILITY
This district applies to areas to accoinnodate the needs and desires of
visitors, tourists and transient guests.
It applies to specific areas wl-e re public roads and public utilities
are available or ~:rhere suitable alternative private facilities are
assured. It may apply to a single isolated hotel or resort with or
without a commercial mall or shopping section.
B. PERI~IITTID LtSES
1) Hotels, resorts, resort motels.
2) Apartment houses containing at least four (4) dwelling units, and
provided that they are developed as supporting uses to the resort
development.
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3) Commercial uses of the following types when subordinate to and
located in a hotel or main resort building and oriented so that
access to such uses is not available directly from any street or
adjoining property: coffee shop; snack bar; restaurant; tap room;
bar; cocktail lounges; night club; magazine and newsstands;
tobacconist; camera shop and accessories; travel sexlrice counters;
florist shops; novelty shops; specialized clothing shops; personal
service use;;; drub store; specialized food shop (as apposed to
the general store); "art in action" booths or shops (the making,
displaying and sale of objects o£ art, small handcraft objects,
hand weaving or spinning products, jecaelry, paintings, hand made
pottery or figures, hats or other very similar products).
4) Parking lots or buildings, taxicab stations and offices.
5) Small boat harbors and docks.
6) Dance pavilions, open-air theatre:; or theatres for stage production
or for motion pictures.
7) Travel agencies and tourist information centers.
6) Other uses which the Director determines to be necessary to the
proper functioning of a resort area.
9) Preliminary plans indicating use of land and proposed structures
shall be submitted w9.th the zoning application to the Director
£or his review. (See Section 32.)
C. HEIGHT LIMITS: No main building or structure shall exceed a height of
forty-five (45) feet or contain more than three (3) stories except that
d "use permit" may be granted fora four (1F) story kaiilding with height
limits of sixty (60) feet, if the Planning Co~nission finds that the
additional height will not render the building; conspicuous in relation
io its natural surrourdii~gs; and in the City of Hilo, ten (10) stories
but not higher than one hundred twenty (120) feet; Kailua-Kona and
Keauhou Pay, :>even (7) otories but not; iLi.gher than ninety (90) feet;
and said areas have: bean delineated and designated on the "Zoning
Map" by an alphabet H after ?T (VH ,75),
D. MINIMUM BUILDPIG =,ITE AREA APID AVERAGE; I.ZDTH
r,ach building site shall contain a minimum area of 15,000 square feet
having an average width of ninety (90) feet.
E. MINIMUM YARDS
1) Front yards: Twenty (20) feet.
2) Rear yards: Tvaenty (20) feet.
3) Side yards: Eight (8) feet for one (1) story; and an additional
two (2) feet more for each additional story permitted.
F. OTHER REGULATIONS (See Section 30.)
1) There may be more than one main building on any building site.
2) Distance between main buildings on one building site shall be at
least fifteen (15) feet.
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3) District designation and density shall be the same as in RM
districts except that tk~e symbol "V" shall be used.
a. Maximum density for any V district shall be no more than
one (1) rentable unit for each 750 square feet of land.
4) Although no limit is hlaced on the increments between the various
district designations, it is expected that; normally the following
will be used: .75, 1., 1.25, 1.5 and upward as deetred necessary
by the Planning Corrmission in increments of 250 square feet.
5) "Plan Approval" is recuired of all structures and uses.
Section 16. REGUTA'PIONS FOR CO, COS~Il~RCIAL OFFICE DISTRICTS
A. PURPOSE AIdD APPLICABILITY
This district applies to areas suitable and desirable for professional
and administrative activities.
B. PERMITTED USES
1) Offices (business, administrative, professional, executive,
financial, editorial, medical, dental, real estate and any other
similar office use which will not be detrimental to the character
of the district.)
2) I~,edical and dental centers, groups or clinics not permitting
in-patients.
3) Prescription pharmacies, banks, lending agencies, title companies,
photographer or commercial artist studios, modelling agencies.
4) Public buildings C'or uses similar to the above.
5) Lunch counters, coffee shops, barber shops, beauty parlors,
tobacconists, news and magazine stands, p:ovided they are located
within a building containing one of the uses listed in 1), 2),
or 3) above as a principal use.
6) Automobile parking lots or buildings.
7) Drug stores, restaurants, cocktail lounges and night clubs.
8) Business and technical schools.
9) Schools and studios for photography, art, music and dance.
10) Hotels and apartment-hotels provided the density shall not exceed
one (1) rentable unit for each 1,250 square feet of land area within
the building site and allocated for hotel and accessory uses only.
11) Uses clearly accessory and incidental to i;he above listed uses.
0. HEIGHT LIMIT: Two (2) stories but not higher than thirty (30) feet, and
in the City of Hilo, ten (10) stories but not higher than one hundred
twenty (120) feet.
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D. MCNTMV~i BUILDNCi SITE AREA: 20,000 square feet.
E. MINIMUM BUILllINU SI'PE AVERAGE GdIDTH: One hundred (100) feet.
F. MINIMUM YARllS:
].) Front or rear: '?'werty-five (25) feet.
2) Sides: None, except required by "Plan Approval."
G. OTHER REGUJATIONS (See Section 30)
1) "Plan Approval" is required of all structures and uses.
Section 17. REGULATIONS FOR CId, NEIGHEORHOOD COMMERCIAL DISTRICTS
A. PURPOSE AND APPLICABILTfY
This district applies to strategically located centers suitable for
commercial activities which shall be of such size and shape as will
accommodate a compact shopping center which supnly goods and services
to a residential or working population on a frequent need or
convenience, basis. This district is distinguished from a central
commercial district which provides general business and broad services
to a city or region.
B. PERMITTED USES
1) All retail uses that are conducted entirely within a building.
2) Automobile service stations, tire changing; or pickup stations
and commercial parking lots or buildings.
3) Banks, lending agencies and financial institutions.
4) Barber and beauty shops.
5) Launderette, cleaning, pressing service and pickup stations.
6) Lunch counters, coffee shops, restaurants, bars and cocktail
lounges provided that no live entertainment is provided or
dancing is allowed.
7) Medical and dental centers, groups or clinics not permitting
in-patients.
8) Museums; libraries; Community, public and public service buildings.
9) Offices for tusiness, administrative, professional, executive,
financial, real estate, editorial, medical, dental and other
similar uses.
10) Photography or commercial art studios, modelling agencies.
11) Prescription pharmacies.
L?) Repair shops for personal or household items, radio, television
and small electrical appliances.
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13) Shoe repair, clothes mending and tailor shops.
14) Drive-in facilities £or retail sales or services.
15) Any use permitted in a "RPi" district with a maximum density of
1,250 scuare feet of land area per rentable or dwelling unit.
16) blzildings and uses normally considered directly accessory to the
above permitted uses.
C. HEIGHT LIMITS: Three (3) e;tories but not higher than forty (40) feet.
D. MINIMUM BUILDING SITE AREA: 7,500 square feet.
E. MINIMUM BUILDING SITE AVERHGE 6IIDTH: Sixty (60) feet.
F. MINIMUM YARDS
1) Frcrt and rear: Fifteen (15) feet.
2) Sides: None, except as required by "Plan Approval."
G. OTHER REGULATIONS (See .Section 30.)
1) The Director may under "Plan Approval," permit or require a
continuous eave overhanging the front proparty line and may
require same to be of similar heigpt and. design in any one block.
2) Any product produced or made within a CN district must be sold on
the premises where produced.
3) "Plan Approval" is required of all structures and uses.
Section 18. REGULATIONS FOR CG, GEPdERAL COA;1'7ERCIAL DIS'CRICTS
A. PURPOSE AND APPLICABILITY
This district applies to areas suitabl~s for co~rmercial uses and
services on a broad basis to serve as the central shopping or
principal downtown area for a city or a region.
No CG district shall be established until thera: is a demonstrated
need for such action and no two CG districts shall be established
in such relationship to each other that they c~snnot act as one
center and yet are too close together to serve two distinct regions.
B. PERT~YITTED USES
1) Any use listed as a permitted use in arty CO and CN district.
2) All retail uses +.hat are conducted entirel~7tiaithin a building.
3) Personal service uses.
4) Banks, landing ageicies and financial institutions.
5) iianufacturint; o,° non-ruxious type where the only retail sales out-
let for products produced is on the premises where produced.
_ 20 _
6) Art galleries.
7) Automobile parking lots and buildings or etorage garages.
8) Display rooms £or products sold e]sawhere.
9) Caterers.
10) Cleaning plants. usinz--, only non-flammable Y~ydro-carbons in a
sealed unit as the cleansing agent.
11) Newspapers, publishing houses, printing shops, cax•tographer and
duplicating processes such as blueprinting or photostating.
12) Restaurants (other than "drive-ins", bars, cocktail lounges and
night clubs).
13) Repair shops for personal or household items, and "fix-it" shops.
14) Private clubs, social orders, fraternal groups and other similar
organizations.
15) Tour, travel and ticket agencies.
16) Business, technical or trade schools; art, modelling, music,
dancing, photographic or other similar studios or academies.
17) Public service or public utility uses but excluding any service,
eouipment or storage yard or power plants therefor.
18) Automobile service stations or garages; excluding body and fender
works, electric tire rebuilding ox' battery rebuilding and provided
that all :cork is conducted wholly within a, completely enclosed
building, car ti~•ashes or launderies other than those utilizing
autotr~3tic or. steam cleaning eouipment.
19) Bakeries.
20) Broadcasting stations or studios (radio and television).
21) Commercial amusement establishments such as bowling alleys, skating
rinks, pool halls, etc.
22) "Drive-in" uses.
23) Equipment sales and rental yards; used cax• lots and other yards
where retail sales products are displayed in the open.
24) Food lockers and ice storage and dispensing.
25) Gymnasiums, physical culture studios and reducing salons.
26) Hospitals of all types and sanitariums.
27) Hotels and apax•tment-hotels provided the density shall not exceed
one (1) rentable unit for each 500 square feet of land area.
28) Indoor sports arenas, auditoriums and theatres.
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29) Electr'_cal, plur.ibing and furniture upholstering shops provided
that al'_ materials ara kept, and all activities are conducted
entirely- v;ithin a building.
30) ResidentiaJ_ use ~r. connection with the operation of any permitted
use,
31) •odel P:omes for display purposes enly provided they are not placed
on perr.,anent foundations and provisions are made for their removal
at the and. of t< specif~_c period of time but not to exceed one year.
32) Uses normally evnsidered accessory, incidental and subordinate to
the above uses.
C. HEIGHT LI~aITS: Three (3) stories but not higher than forty-five (45)
feet, and in the City o£ Hilo, ten (10) stories but not higher than
ore hundred twenty (120) feet; Kailua-Kona, seven (7) stories but not
higher than ninety (90) feet.
D. NIINIMUM BUILDING SITE ixREA: 7,50^v square feet.
E. NIINIMUNi BUILDING SITE AVERAGE bJIDTH: Sixty (60) feet.
F. t~iNINN2 YARDS:
1) Front or rear: Fifteen (15) feet.
2) Sides: None, except as required by "Plan Approval."
G. OTHER REGULATIONS (See Section 30.)
1) "Plan Approval" is recauired of all structures and uses.
Section 19. REGUId1TI0I~iS FOR CV, VILL4GE CONIl'nRCL4L DIS'PRICTS
A. PURPOSE AND APPLICABILITY
This district applies to areas that allow a broad range ox• variety
of commercial and related uses that are necessary to serve. a some-
what isolated residential or working population where the supplemen-
tary support of the general business uses and activities of a. central
commercial district is not readily available.
B. PERMITTED USES
1) Any of the uses listed directly as "Permitted Uses" in. a CN
district.
2) Cleaning plants using only non-flammable hydro-carbons in a
sealed unit as the cleansing agent.
3) Plewspapers, job printers, blueprintars and similar uses which are
obviously designed to primarily serve the :Local area.
4) Repair shops for household. items and "fix-:it" shops.
5) Automobile sex•vice ;cations and °drive-ins" for retail. sales or
services.
6) Automobile service, repair anr', upkeep uses.
_. 22 -
7) Restaurants, bars a.nd cocktail lounges.
S) I~?anufactu-riiiF; oi' products and distributed to retail outlets
located i.r. the immediate community which is served by this
di_str9.ct as approved by the Director, except for concrete or
asphalt products.
9) Commun:ay clubs or soc~.a] or fraterna]. orders.
10) Rooming or boarding houses.
11) Residential uses in connection with the operation of any permitted
uses.
12) Bus and tour stops; ticket agencies.
-<3) Conunercial amusement establishments.
Ja) Used car lots.
i5) On a small scale any craft or shop for same; such as, carpenter,
electrician, plumber metal worker and other similar uses, provided
there are not more than five (5) employees.
.6) Other uses similar to the permitted uses or to arty of the above
listed uses.
.7) Accessory uses, normal and subordinate to the above uses.
C. HEIGHT LI1'2iTS: Two (2) stories but not higher than thirty (30) £eet.
D. i~VIMUP4 BUILDING SITE AREA: 7,500 seuare feet.
E. NIINIMUi~i BUILDING SITE AVERAGd UdIDTH: Sixty (60) feet.
F. PIINIMUM YdRDS
1) Front or rear: Fifteen (15) feet.
2) Sides: None, except as required by "Plan Approval."
3. OTHER REGULATIONS (See Section 30.)
1) "Plan Approval" is required of all structures and uses.
Section 20. REGULATIONS FOR ML, LIMITED INDUSTRIAL DISTRICTS
A. PURPOSE AND APPLICABILITY
This district applies to areas £or business and industrial uses
which are generally in support of but not necessarily compatible
with those permissible activities and uses in other commercial
districts.
B. PERMITTED USES
1) Any manufacturing, processing, assembling, research, laboratory,
bottling or packagir.~ uses v,h:ich are conducted in a building and
from which there is no odo;°, dust, smoke, gas, noise, vibration,
- ?3
radiation or other effect which has measurable nuisance qualities
beyond the property line.
2) Animal hospital;; with fac:i.lities for tread;ment or boarding o£
not more than twenty (2G) animals.
3) Automobile service stations and all uses and buildings for the
repair, maintenance, service and storage of automobile and trucks.
4) Eakeries, laundries, cleaning or dyeing p:Lants.
5) Carpentry, hardwood product, electrical, plumbing, heating, air-
conditioning, furniture upholstering shops and storage.
b) Contractors' yards for equipment, material and vehicle storage,
repair or maintenance.
7) braying, freighting or trucking ,yard or terminal.
8) Living quarters for watchmen or custodian:; of industrial properties.
9) Lumber yards and building materials yards but not including
concrete or asphalt mixing and the fabrication by riveting or
welding of steel building frames.
10) S~?achine, welding, sheet metal, metal plating and treating shops
except the fabrication by riveting or tiaelding of steel building
Frames.
11) Newspaper and publishing houses, printing shops, cartographing
and duplicating processes such as blueprinting or photostating
shops.
12) Public and private utility lines and facilities including offices
or ,yards for equipment, material, vehicle storage, repair or
maintenance.
13) Sales and servicing or rental of any type of vehicle, implement,
machinery or eouipment.
14) Terminal, storage or maintenance yards for a fleet of vehicles.
15) Transportation and tour terminals.
16) 6Jholesaling, tiaarehousing and storage buildings and yards except
those for highly flammable or explosive products.
17) Airfields, helipox-ts and private larding strips.
18) Lava rock or stone cutting or shaping.
19) Public dumps.
20) Sale, storage and sorting of junk, waste, scrap, discarded or
salvaged material, machinery, automobiles or eouipments but not
including processing.
21) Retail sales incidentr.l and subordinate tc a permitted use.
-24-
22) Incidental and neces;sacy ;services for persons working in a T~1L
district vahi.ch are conducted within an inter;ral part of a main
structure with esr~rances from tine interior of the building and
having no dispar or adverr,ising visi':~le from the street.
23) Buildings and uses rorrnally considered directly accessory to
the above permitted uses.
C. HEIGHT LIi°TYPS: Three (3) stories but not higher than fort;y-five (45)
feet.
D. MINIMUii BUILDING SITE AREA: 10,000 square feet.
E. MINIMUM BUILDING SITE AVERAGE 6lIDTH: Seventy-five (75) feet.
F. MINIMUM YARDS
1) Front and rear: Fifteen (15) feet.
2) Sides: None, except as required by "Plan Approval."
G. OTHER REGULATIONS (See Section 30.)
1) "Plan Approval" is required of all structures aryl uses.
Section 21. REGULATIONS FOR i~,G, GEN'ERAL INDUSTRIAL DISTRICTS
A. PURPOSE AND APPLICABILIT`f
This district applies to areas for uses that as•e generally considered
to be offensive or have some element of danger..
B . PERMITTED USES
1) Any of the permitted uses in a NL district.
2) Brick aild potter;/ factories.
3) Bulk storage of 1lamtnable products. Bulk storage of explosive
products by "Use Perr:it."
LF) Concrete block and concrete products manufacturing.
5) Concrete or asphalt hatching and mixing plants and yards.
6) Fabrication plants or ,>ards for steel or other metal frames for
buildings.
7) lava rock or stone cutting or shaping.
8) Marine railways, drydocks and ship or boat yards.
9) Public and private utility lines and facilities including power
plants, offices or yards for equipment, material, vehicle storage,
repair or maintenance.
10) Gluarries or commercial excavation or removal of natural building
materials or minerals.
-25-
11) Incidental and necessary services for persons working in a P.G
district when conducted within an integral part of a main structure
with entrances from the interior of the building and having no
display or advertising visible from the street.
12) Living o,uarters for vaatchmen or custodians of industrial
properties.
13) Animal hospitals.
1Lr) Animal quarantine stations.
15) Animal sales, stock and feed yards.
16) Breweries, distilleries and alcohol manufac:turing.
17) Cement production plants.
1B) Dumping, disposal, incineration or reduction of refuse or waste
matter.
19) Fertilizer manufacturing plants.
20) Fish canneries, processing or packing plants.
21) i~ieat processing, curing: or packing plants.
22) Pineapple or other fruit ar_d vegetable processing and canning
plants.
23) Production and processing of wallboard, or other wood or pulp
products.
2Q) Public dumps.
25) Reduction, refining, smelting or alloying of metals, petroleum
products or ores.
26) Sale, storage, sorting and processing of junk, waste, scrap,
discarded. or salvaged material, machinery, automobiles or
equipment.
27) Sawmill or planing mill and yards.
2$) Slaughterhouses.
29) Storage, curing or tanning of raw, green or salted hides or skins.
30) Sugar mills or refineries.
31) Any other use not otherwise permitted that :relates to the
manufacturing, transportation, processing, assembling, distributing,
repairing and storage of goods, products or materials.
32) Buildings and uses normally considered directs ly accessory to the
above permitted uses.
C. HEIGHT hIP1ITS: Three (3) stories but not higher than fifty (50) feet,
except that the Director nay aermit by "Plan Approval" only any
industrial structure to be built to a height of one hundred (100)
feet, which action need. only determine that the extra height is
necessary.
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D. N'IINIMUM BUILDING SITE AREA: 20,000 souare feet.
E. N~NIMUI~i BUILDING SITE AVERAGE 4JIDTH: One hundred (100) feet.
F. MINIMUM YARDS
1) Front and rear: Twenty (20) feet.
2) Sides: None, except as re~~uired by "Plan Approval."
G. OTHER REGULATIONS (See Section 3U.)
1) "Plan Approval" is required of all structures and uses.
Section 22. REGULATIONS FOR 0, OPEN DISTRICTS
A. PURPOSE AND AP"LICABILITY
This district applies to axeas that contribute to the general
welfare, the full enjoyment, ox•the economic well-being of open
land type use which has been established, or is proposed. The
object of this district is to encourage development around it such
as a golf course, country club, park, etc., and to protect invest-
ments which have been or shall be made in reliance upon the retention
of such open type use, to buffer an otherwise incompatible land use
or district, to preserve a valuable scenic vista or an area. of
special historical significance, or to protect and preserve submerged
land, fishing ponds, lakes (natural or artificial tide lands).
B. PERI''tfTTED Ls3S
1) Public parks.
2) The growing of plants ;?rovided such growth does not impair a
vietif included ir. the stated purposes for adopting the districts.
3) Gol£ courses and country clubs if compatible with the stated
purposes o£ adoption.
k) Heiaus, historical areas, structures and monuments.
5) Existing churches and temples of historical significance,
6) Natural features, phenomena and vistas as tourist attractions.
7) Private ,rec'reationa 1 uses involving no above ground structure
except dressing rocros and comfort stations.
8) <.ccessory.use.
C. FIGHT LIMITS
M]NIP~NI BUILDING SITE AREA
MINIMUNi BUILDING SITE AVERAGE ~rJIDTH
MINIMUM YARDS
None, except as specified as a condition of approval attached to any
"Use Permit" or "Plan ~ipproval."
1) For this purpose the Planning Couunission shall use the regulations
in the adjoining districts as guides.
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D. OTHER REGULA^i IONS (See .Section 30.)
Section 23. (For future district.)
Section 2h. (For future district.)
Section 25. (For fut.zre district or cembining district,.)
Section 26. (For future district or combining district.)
Section 27. (For future district or combining district..)
Section 26. REGUTATIONS FCR S, SAr~TY DISTRICTS
A. This district applies to areas subjected to potential danger of
life or property because of flash floods, earth or rock slides,
action associated with earth faults, (tsunami ). tidal -.,gives, volcanic
action, or any other natural phenomenon.
B. The regulations governing safety districts shall be the same as other
districts qualified as a safety district.
1) No structure may be erected unless or until a "Use Permit" has
been issued therefor.
2) No "Use Permit" for a structure intended for occupancy by people
in any S district may be issued unless or until the Board of
Supervisors by prior action has considered.and approvE=d special
standards of construction. and special safety precautions which
are designed fcr and, in its opinion, will. eliminate or sub-
stantially reduce the potential danger from the above listed
sources.
Section 29. BUILDING LINES, FU'PURL' lJIDTH LINES AND PLAN LINES FOR FUTURE STREETS
A. BUILDING LINES may be established and shown on. any section of the
"Zoning Map" in the manner provided in Section. 7 of this Ordinance or
they may be adopted as an amendment to this Ordinance by appropriate
description within this subsection as follows:
1), 2) etc. (For building line descriptions.)
B. Whenever a "building line" is established along any street, then the
minimum front yard for any affected property shall be equivalent to
the distance between such street and the established building line.
C. FUTURE l1IDTH LINES may be established and shown on any section of the
"Zoning P~Iap" in the manner provided in Section 7 of this Ordinance or
they may be adopted as an amendment to this Ordinance by appropriate
descriptions within this subsection as follows:
1), 2), etc. (For future width line descriptions.)
D. tidhenever a future width line is established, then for the purpose of
administering the regulations of this Ordinance, such future width line
shall be deemed to be the front property line of affected property,
and the area betvaeen such future width line and the street (if outside
the right-of-way) shall be deemed to be the street right-of-way.
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E. PiAN LINES FOR FiJTURG STREETS may be established and shown on any
section of the "Eonis~g I~~Iap" in the manner provided in Section 7 of
this Ordinance by appropriate descx•iption tivithin this subsection as
follows:
1), 2), etc. (Por descriptions of plan lines for future streets.)
F. GJhenever plan lines for a future street have been established, they
shall be deemed to be. front property lines, and i;he area between them
shall be deemed to he street right-o£-way. However, for computing
the density the area of the lot shall be based on gross land area.
Section 30. GENERAL PROVISIONS, EXCEFTIORiS AND SUPPLEIviENTARY REGUL.aTIONS
A. GENERAL
1) The provisions of this section shall supplement and be additional
regulations governing land use unless otherwise expressly prohibited
by provisions of this Ordinance.
2) Arty building upon which construction was lawfully begun prior to
the effective date of this Ordinance or any subsequent amendments
hereto may be completed aryl thereafter shaJ1 be considered an
existing building at the time of the effective date of said
Ordinance.
3) The Planning Commission shall have the authority to hear and decide
appeals when it is alleged by the appellant that there: is an error
in any order, requirement, permit, decision or determination made
by an administrative official in the administration or enforcement
of this Ordinance.
a. Such appeal shall be filed in writing i~rith the Planning
Commission within 15 days after the date of such administrative
act from which the appeal is taken and the Planning Commission
shall render its decision thereon within 30 days of the date
of filing; and shall enter its decision in writing in the
official records of its proceedings.
b. In case the y;7pellant is not satisfied with the action of the
Planning Commission, he may raithin 15 Says appeal in writing
to the Planning Commission. The Board of Supervisors shall
render its decision within 60 days aftar receipt of the appeal.
4) Unless otherwise designated the area of any street, right-of-way
or easement is considered to be and shall be classified within
the immediately adjacent district snd if there be more than one
district then each shall extend to the center of the street, right-
of-way or easement shall be used for any purpose other than that
for which it was e^,tablished.
(See Subsection B. 4 below.)
5) Required frontage. Ebert' building site in a district specifying
a minimum building site area of one (1) acre or less shall have
minimum frontage on a street of at least one-half (1/2) the
rewired building site average width. In all other districts
(over one acre) the minimum street frontage shall be at least one
hundred (100) feet. The Director ;;hall have the power to grant
variance from the re:?uired frontage.
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B. USE
1) The "Permitted Uses" as listed in the rega:Lations i'or each district
may be establis}-red within that district after compliance with the
specific regulations of the district and the general regulations
of this Ordinance.
2) Any use not listed among the "Permitted Uses" in a district shall
be deemed to be a nrehibited use withir. that district, except
as otherwise provided for.
3) The following us~a shall be deemed to be °Condit5.oizally Permitted
Uses" within the denigrated districts:
a. In all districts except P1L, N.G, and 0 districts: churches;
temples; and other institutions of a religious, cultural,
philanthropic or charitable nature; except that no residential
feature shall be permitted in any district which does not
permit dwellings and that in RS, RD, RA, and RM districts,
the minimum lot area shall be cne (1) acre.
b. In all districts except V, I~iG and 0 districts: private and
public schools, nursery schools and schools far the; handicapped
having a minimum lot area of one (1) acre i.n RS, RD, RA, and
RP-i districts.
c. In all districts except RA, RS, RD, Riot; V, S, and CN:
crematories, mausoleums, columbariums, cemeteries, and an~r
other place for +,he disposal of the human dead.
d. In all RS, R7, and N districts: lodges, aocial orders and
fraternal organizations, provided that: structures and
facilities to be located at least thirty (30) feet from any
property line.
e. In all districts except V, CPT, 5 and 0 districts: hospitals;
old age, convalescent nursing, and rest homes; and other
similar uses devoted to she care or treatment of the aged,
the sick, or the inf5.rm having a minimum lot area of one (1)
acre in RS, i D, RA and R1~I districts.
f. In all districts: yacht harbors and boating facilities and
other large major recreational uses inc:Luding accessory uses
that are an integral part of the major recreational. aspect,
which accessory uses, may be of a comane:rcial or non-noxious
industrial nature. The intent of this permissive regulation
is to allow, vrhere appropr'~.ate, major recreational develop-
ments having complete and homogE:neous facilities.
(1) Pdone of these uses may be established in any 0 district
unless the proposed use, in its entirety, is compatible
with the stated purpose fo:r adoptin, the 0 district.
g. In all districts except RS, RD, RI~I, S, CO, CP1 and V districts:
commercial excavaaion or removal of natural building materials
or minerals nn a temporary basis provided the "Use Permit"
shall prescribe conditions to effectively reduce any nuisance
and to specify the manner in which the site shall be left
upon termination of the use.
_30 _
La) Except as permitted by the Board of Supervisors, no "street" as
herein defined shall be used for the display, sale, or private
storage of any commodity or any craterial, nor shall any structure
be placed tharein other than a driveway, ramp or similar structure
that is necessary for vehicular access to ;; he adjoining property;
however, this or any other regulation does not exclude normal
street improvements and those other facilities normally placed in
streets,
5) In any RS, FtD, or RRi district where the Planning Commission finds
that the keeping of animals is rot inconsistent with the character
of the immediate neighborhood, it may grans: a temporary "Use
Permit" for keeping or raisin@; of animals t~rith the exception of
pigs, provided it conforms to the recuirements of the Department
of Health and has the approval of the Dire<tor.
6) No guest house may be established on any building site having an
area of less than 7,500 square feet. It shall not exceed 500
square feet in floor area, nor shall it be more than one (1) story
in height, and further that such building :;hall have no kitchen
facilities.
7) Communication, transmission and power lines of public and private
utilities and governmental agencies are permitted uses within any
district.
8) No mobile, portable or temporary dwelling may be occupied unless
it is in an approved mobile dwelling park having facilities for
such dwellings.
9) On any building site a single mobile, portable or temporary
dwelling or a camp trailer may be parked or stored as an accessory
use provided it is in an enclosed building or is othen~ise placed
or screened such that it is not visible from any street or from
any adjoining property, and provided further that the owner of
such dwelling or trailer must reside on th=_ premises
10) Substations used by public utilities for the purpose of furnishing
telephone, gas, electricity, water shall be permitted uses where
the Director finds that the same are not hazardous, dangerous or
a nuisance to surrounding areas and has granted "Plan Approval"
therefor.
11) Community, public and public service buildings are permitted uses
provided they conform to the County General Plan.
12) In all districts, the provisions of special "Use Permits" granted
by the State Land Use Commission ^, hall be deemed as permitted uses.
13) In any district no directed exterior luting may be ic~stalled or
used which is directed into the sky or toward any structure or
land beyond the property line.
C. AREA AND AVERAGE l1IDTH
1) Unless otherwise specified each main use must be located on a
building site having not less than the "minimum building site area"
specified by the regulation of the district ir. which such use is
located.
J
?_) Ary parcel of land having less area and/or width than that
required by the district in which located may be used as a
"legal. bu ildin: site"; provided th,~t the owner thereof at the
time of or since se•.id affective data o~ms no adjoining
property at the same; tima.>
3) Any parcel o_'. land tk'.at is net o';her•wise a legal building site
does not become e. legal bui:i.din" site by virtue of being sold at
a delinquent tax s:11e.
4) No building site may be reduced below the minimum building site
area as specified by the regulations for the district in which
located and if already below may not be reduced further; provided,
however, that if arty legal building site ie, reduced in area or
average width by r;o more than twenty percent (20~) of 'the
respective reouirement by reason of the establishment of "future
width lines" or "plan lines for i'uture streets" or by acquisition
by a public agency for public purposes, then the remainder of
said building site shall be deemed to be a legal building site.
5) A parcel of land shall be deemed to conform to the requirements
for building site average tiridth if any portion of the parcel
considered separately has the minimum building site area ti~rith
the minimum average width.
D. YARDS AND OPEN SPACES
1) On every building site, yards of the minimi~ni width or depth as
specified for the district in which. located shall be maintained
open and unobst nxcted £rom the ground up e~:cept as hereinafter
specified.
2) No required yard or open space may fulfill such requirement for
more than one building.. building site or use.
3) There shat. to a front yard adjacent to every portion of a
building site that has street frontage (e.~; a corner lot has a
front yard adjacent to both streets).
4) On any corner building site both interior lines shall be side
lot lines and the rear yard shall be the area inscribed within
an arc the center of which is the interior corner of the building
site and the radius; of which is equal to the depth of the required
rear yard for the district in which. located..
5) On any gore or triangular shaped building site the rear yard shall
be measured £rom the point moat nearly opposite the street line
and in the same canner r:s fcr a corner building site.
6) In the event a building side is so irregular in shape that it is
impossible to establish side and rear yards, the Director shall
view the relationship between it and surrounding property and
shall specify the required yards.
~) Unless otherwise specified., yards, open spaces and disi;ances
shall be measured 'r~ori~or;tall;r.
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8) Except as ma,ir otherwise be restricted, the following projections
or features may extend four (!~) feet into any required yard or
open space that is ten (10) feet or less, five (5) feet when
required yard or mace is from ten. (10) up to fifteen (15) feet,
and six (6) feet wher. required ,yard is over fifteen (15) feet:
cornices, canopies, ?aves, landing plans, porches, balconies,
terracies, fire escapes, stairs, .ramps and other similar features;
provided tY~at none o° the features shall be enclosed above or
below the extension except that there may he individual posts or
beams for support and open or grill type railings no higher than
four (1~) feet; and pro-ided further that no chimney may extend
more than two (2) feet into any yard.
9) The above permitted extensions apply to each building separately.
10) If a building is locates in a district that recuires °Plan
Approval," then the Planning Commission by approving the plan
may permit an attractively designed porte-cochere to extend any
distance into a front yard as a protection for arriving motorists
and pedestrians.
11) For the purpose of computing yards, a fence no higher than six
(6) feet shall not be considered a structure; while all walls,
fences and similar structures over six (6) feet in height shall
be considered as accessory structures and those up to eight ($)
feet in height may disregard the ten (10) i.'eet separation between
an accessory structure and a main. building„
12) Unless otherwise specified, the m:_riimum distance between main
buildings on the same building sine shall be fifteen (15) feet.
13) On every corner building site in any district except a CN
district, within a triangle formed by the street lines of such
building,ite (ignoring any corner radius) and a line drawn
between points on such street lines twenty-five (25) feet from
the intersection thereof, there sna.ll be ne fence, wall, hedge
or building] higher than three (3) feet nor any obstruction to
vision other than a post column or trunk (clear of branches or
foliage) of a tree, between a height of three (3) feet and a
height of eight (8) feet above the level o[' the street or of the
level of the above mentioned point of intersection if the streets
are sloping.
14) Unless otherwise permitted or regulated, accessory buildings in
any district shall observe and maintain the same yards as required
of a main building in said district except that no rear yards
shall be reouired for an accessory building. unless the rear line
of the building site abuts upon an alley in which case a ten-(10)
foot rear yard shall be maintained.
15) If an assessor*~ building is structurally attached to any main
building, it wall be considered part of the main building and
subject to the same regulations. If not structurally attached to
any main building, it shall be at least ten (10) feet therefrom,
six (6) feet o which distance shall be totally unobstructed from
the ground up.
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16) No fence, wall or architectual feature or other obstruction
shall be so placed, or be without gates or openings, as to
prohibit complete access around any main building at all times.
17) No building setback is required fronting a mall.
E. HEI(~iT
1) Every building or structure hereafter erected shall not exceed
the height limits as established for the district in which
located, except as hereinafter permitted or otherwise regulated.
2) If any existing structure exceeds the established height limits,
it shall not be further increased in height.
3) Chimneys, spires, belfries, water tanks, monuments, steeples,
antennae, flag poles and other similar features may exceed the
district 'refight limits by no more than ten (10) feet and upon
securing a "Variance" therefor may exceed the district heigYa
limits by an additional number of feet necessary as permitted
by the Planning Commission; provided, however, that power and
communication poles and lines, microwave towers and other similar
structures used by governmental. agencies and by public and private
utility cornpanies £or pourer, light and communication purposes may
be constructed, added to and maintained in all districts to the
height required by considerations of safety and optimum uti]iza-
tion or specifically required by rrles and regulations of the
Public Utilities Ccmmission of the State o3' Hawaii.
4) Upon securing a "`Jar.ance" therefor any building may exceed
the applicable district height limits by or:e (1) additional
story and~or ten (10) feet.
5) In any district, in adrition to the allowable number of floors,
a basement or one (1) extra story i.s permi.t;ted below ground level
except that on sloping land the d arnhill side of such basement
or extra stony does not h:ve to be below g]•ound; provided that in
either case the district height limits are rigidly observed at
the uphill line of the building,.
6) Accessory structures unless otherwise spe cwfied shall not exceed
fifteen (1`) feet in heig'r,t nor contain more than one (1) story
except that upon securing a "Variance" therefor, they may exceed
said limits but shall not exceed the height; limits established
for the applicable district.
F. OFF-STREET PARKING AP!D LOADING
1) In all districts, in connection with every use, there shall be
provided at the time certain uses are established and at the time
any building ox• structure is erected, enlarged, or is reconstructed
or increased in floor area, off-street parking spaces for
automobiles in the number and in accordance with the requirement
herewith set forth.
2) r;ach parking space or stall shall have a minimum width of nine
(9) £eet and a minimum length of eighteen (16) feet. A maximum
of ten percent (7.0%) of the stalls may be allocated for small
cars and other vehicles. These stalls shall have a minimum width
of seven (7) feel, and length of fourteen (7.4) feet and must be
individually accessible and in V, CO, CG, CV, :[L, n4G and }iI~
districts, paved with. an all-weather, dust free surface.
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3) kept dwelling structures having Three (3) or less units, access
to any individual parking space i'cr any other use shall not be
directly from or to a street but must be rF:ached from an on-site
access driveway of proper design and width to allow for passage
of vehicles and necessary turning movements.
4) The number of parking spaces for each use :>hall be as follows:
a. „utomobile, machinery or equipment sales and service garages;
one (1) £or each five hundred (500) srniare feet of gross
floor area.
b. Larks, post offices, commercial and professional offices,
furniture and appliance stores household equipment or
furniture repair shops; one (lj for each four hundred (400)
souare feet of gross floor area.
c. Bowling alleys; four (4) For each alley.
d. Churches, schools, sports arenas, auditoriums, theatres,
assembly halls; one (1) for each six (6) seats in the
principal assembly room.
e. Clubs, lodges, social orders, fraternal. organizations, dance
halls, assembly halls without fixed seats, exhibition halls,
restaurants, night clubs, commercial places of amu:>ement;
one (1) for each two hundred (200) souare feet of gross
floor s.rea,
f. Dwelling; one (1) for each family or dwelling unit,
g, Funeral homes, mortuaries; three (3) for each parlor or one
(1) for each seventy-five (q5) square feet of gross floor
area, whichever is greater.
h. Hospitals, nursing homes, convalescent home,,, rest homes,
homes for the elderly; one (i) for each bed.
i. Rooming and lodging houses, religious fraternal or social
orders having sleeping accommodations; one (1) for each two
(2) beds.
j. Medical or dental clinics or groups; four (4) spaces for
each doctor or dentist.
k. Hotels, apartments, and motels; accessory portions same as
otherwise regulated; for hotel guest units - (guest rooms),
one (1) for every three (3) units; (apartments and motels),
one (1) for each unit.
1. Retail stores and shops; in a V district, in a CN district
or as part of a defined shopping center in any district;
one (1) for each two hundred (200) square feet of gross
floor area - in other areas, one (1) for each three hundred
(300) souare feet of gross floor area.
m. Industrial, manufacturing and research uses; if possible to
determine, one (1) for each employee expected to be on the
premises at any ono time - otherwise, one (1) for each eight
hundred (800) square feet of gross floor area.
-35-
n. G7holesale establishments, warehouses and bulk storage; one
(1) for each one thousand (1,000) scuare feet of gross floor
area plus one ~l) for each employee.
o. Other general business uses in G3 districts and in other
districts as permitted; one (1) for each four hundred (400)
square feet of gross floor area.
p. Community swimming pools; one (lj for each forty (40) square
feet of pool area.
5) In any district in connection with every building or part thereof
hereafter erected and having a gross floor area of 10,000 scuare
feet or more, which is to be occupied for rzanufacturing, storage,
warehousing, goods display, retail sales, a hotel, a hospital, a
mortuary, a laundry, a dry cleaning establishment, or other uses
similarly reouirin@; the receipt or distribution by vehicles of
material or merchandise, there shall be provided and maintained
at least one (1) of£-street loading space plus one (1) additional
such loading space, for each additional 20,000 square feet.
a. Said loading sy~ace shall be provided with access, driveways
and surfacing in the same manner as for off-street narking
except that each space shall be ten (10) feet wide and t~~renty-
two (22) feet long with a height clearance of at least fourteen
(ly) feet.
6) In case there is any doubt as to the rec?uirements for parking or
loading space for arty use not specifically mentioned or. for any
other reason, the Director shall make such determination.
~) The above required oi'f-street parking and loading spaces shall be
located on the building site to which they are appurtenant but
parking spaces may be located on other lots i,rithin £ive hundred
(500) feet o£ the nearest point of said building site and approved
by the Director and if a permanent easement to permit same is
made a matter of public record.
8) The Director may increase any of the above reeuirement:; under
"Plan Approval" in accordance with public necessity anti convenience
after reviewing a particular use anal its own particular character-
ist is s .
Section 31. NON-CONFORD~NG BUILDINGS AND USES
A. Any non-conforming building except as otherwise regulated may be
repaired, maintained or enlarged provided that any enlargement or
addition shall conform in every respect to the regulations for the
district in which it is located.
1) If the portion of the building that is non-conforming should be
destroyed to the extent of fifty percent (50%) or more of its
replacement value, it may not be rebuilt and the remainder of
that particular non-conforming portion shall be removec9 and/or
-36-
brought into conformity but if said. destruction is less than
fifty percent (50/), then 'the destroyed portion may be rebuilt
to eGUal the floor area. before the destruction. The Department
of Public Worl<s shall determine the extent of damage to deter-
mine whether the building can be rebuilt to its non-conforming
use.
B. Any non-conforming use of land or use of a building may continue to
the extent it existed at the time of adoption of this Ordinance or
any amendments hereto, provided that:
1) Anon-conforming use may be enlarged within the building it
occupies, but shall not be enlarged or increased to occupy a
greater area of land, nor shall it or the portion of the building
housing it be moved in whole or in part to any other portion of
the building site occupied by such non-conforming use, except
public buildings, public or private power and telephone facilities
including offices and plants existing prior to the effective date
of this Ordinance may be enlarged or increased to occupy a greater
area of land or building.
2) If any non-conforming use ceases for any reason for a continuous
period of twelve (12) calendar months, or for one season if the
use be seasonal, then such use shall not be resumed and any use
of the land and~or building thereafter shall be in full conformity
with the provisions of this Ordinance.
3) If the portion of arty building within which a non-conforming use
is conducted should be destroyed or damaged by any means to an
extent eouivalent to at least fifty percent (50,$) of its replace-
ment value, exclusive of foundations, then such damaged or
destroyed portion may not be restored unless the use of the
building is changed to a conforming use; but if said damage or
destruction is less than fifty percent (50,x), then the building
may be restored and such use may be resumed as it existed,
provided that such restoration shall be completed within one (1)
year from the date o~ such damage or destruction. The Departa~nt
of Public 6'~orks shall determine the extent of damage to determine
whether the building may be restored and resume its existing non-
conforming use.
4) Any building within which a non-conforming use is conducted may
be maintained and repaired to the extent necessary to keep it, in
sound condition provided said work shall not exceed twenty-five
percent (25/) o£ the current replacement value of such building
in any one calendar year as determined by t:^~e Department of
Public 6Jorks.
5) If a use of building is non-conforming because of a particular
requirement of the district within ~~rhich it is located (e.g.
parking, yards, height, distance between buildings, etc.), then
the use may be enlarged and the building ma;y be changed or added
to, provided such enlargement, change or addition is itself in
full compliance with. the district regulations.
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Section 32. PLAN APPROVAL
A. "Plan Approval" provides a method of allowing closer inspection of
certain development and all development in cerl;ain districts in
order to assure that the intent and purpose of this Ordinance are
carried out. It provides discretionary control over precise plans
for development.
B. No structure may be erected, no use may be established and no
significant development or improvement of structures or of land may
be accomplished in RS, CO, CV, RD, V, CN,CG, ML, N.G, U, or O districts
or within seventy-five (95) feet of the right-af-way of an;y road,
street or highoray designated on the "Zoning Map" as a "tourist route,"
unless "Plan Approval" has first been secured for such structure, use,
development or imnrover,.ent.
1) °Plan Approval" may be ree,uired as a condition of approval of
any "Use Permit," "Variance," or other action relating to a
specific use, in trhich case the use or development so conditioned
may not be established until "Plan rpproval." has been ;secured
therefor.
C. Application for "Plan Approval",hall be on a form approved for such
purpose by the Director and shall be accompanied by:
1) A site plan, drawn to scale and fully dimensioned indicating
clearly the following information: the location and dimension
of the building site; the location, size height and use of all
existing and proposed structures; all yards and open spaces;
location, height and material of all fences and walls; the
standard of improvement and location, number and size of spaces,
arrangement and on--site circulation of all off-street parking and
loading facilities including points of access thereto from
adjoining streets; the location, general nature and type, and
protection or shielding devices of all exterior lighting; all
proposed landscaping and planting; X11 proposed street dedication
and~or improvement, if any; and any other information reouired
by the Director.
D. The Director within forty-five (~5) days after 1;he application is
filed in its offices or ti-/ithin a longer period agreed to by the
applicant, shall consider the application together with all. accompa-
nying data and shall either deny, approve, or defer the application
subject to conditions or alterations.
1) The Director shall consider the application and the proposed use
in relation to the surrounding. property, improvements, streets,
traffic, cormunity characteristics, natural features and in any
other manner in order to assure and may reouire: adeouate light
and air, proper siting and arrangements of all structures and
improvements, that existing and prospective traffic movements will
not be hindered, that the use is properly l~sndscaped commensurate
with said use and its surroundings, that unsightly areas are
properly screened or eliminated, that there is adeouate off-street
parking to serve the use, regardless of the otherwise minimum
rea,uirements of this Ordinance, that no potential accident hazards
will be created in gaining access to the parking areas, that within
reasonable limits the natural feat woes (if arty) of community value
are preserved.
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2) To this enc. the Director shall require any conditions or changes
in the proposal which, in his opinion, are necessary to carry
out and further the purposes of this Ordinance and the above-
mentioned specific considerations and permissive requirements.
E. If the application is approved, then the proposal for vrhich the
application was made shall oe accomplished and maintained in conformity
with the terms, specifications and conditions of the approval.
F. If the Director fails to act within the forty-Y'ive-(45) day period
or within such longer period as may be agreed to by the applicant,
the application shall be deemed approved without certification by
the Director.
G. The Director's action sha7.l be final but i£ the applicant is
dissatisfied with such action, he may ;vithin thirty (30) days after
action, appeal in writing to the Planning Commission. Said Commnission
shall review said appeal and sustain, reverse, or modify the action
of the Director.
H. The authority exercised by the Director under this section shall be
continuous and not limited to the initial development.
Section 33. PLANNED UNIT DEVELOPi~EI`YP
A. The purpose of "Planned Unit Development" (P.U.D.) is to encourage
comprehensive site-planning productive o£ optimum adaptation of
development to 'the land by allowing diversification in the relation-
ships of various uses, buildings, structures, open spaces and yards,
building heights, and lot. sizes in planned building groups while
still insuring that the intent of this Ordinance shall be observed.
B. The minimum area o£ a P.U.D. shall be at least twenty (20) acres.
C. Application for P.IJ.D. approval shall be made on a form prescribed
by the Planning Commission and shall be accompanied by a filing and
processing fee of one thousand dollars ('i1,000) plus twenty-five
dollars (~z25) per acre for each acre or fraction thereof.
D. Drawings and plans comprising a general development plan covering the
entire area o£ the P.U.D. shall accompany the application a,nd shall
show: uses, dimensions and locations o.f proposed structures; widths,
alignments and improvements of proposed streets, pedestrian and
drainage ways; how the property could be divided for individual
parcel sale; parking areas; public uses; land^,caping and open spaces;
a sck•edule of development; architectural drawings (for all buildings
other than single-family dwellings) demonstrating the design and
character of the proposed buildings and uses; and any other information
or plans deemed necessary by the Planning Commission to a determination
that approval of any requests for "sign approvals," "plan approvals,"
"use permits" or "variances" contained :in the proposal are justified
by this procedural method.
E. No P.U.D. shall be considered by the Planning Cormission that proposes
a use that is not permitted either directly or as a conditional use
within the district unless a separate application for rezoning
accompanies or has preceded the filing of the application for approval
of the P.U.D. in which ca,^,e the two items shall be considered
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simultaneously and should the use be appropriate, the approval of
the P.U.D. shall not be effective until the ordinance adopting any
necessary change of district shall have become effective.
F. The procedure for processing an application for approval oi.' a P.U.D.
shall be the same as that. provided for .a variance application as set
forth in Section 36.
G. Partial approval may be given where architectural plans and drawings
have not been submitted with the original app1=_cation but no building
permit shall be issued nor any construction commence unless and until
said drawings have been considered and approved by the Planning
Commission and full approval of the P.U.D. secured.
H. In order to approve a P.U.D. the Planning Corrmission shall find the
following:
1) That construction on the project shall begin within a reasonable
period of time from the date of full approval and shall. be
completed within a reasonable period of time.
2) That the proposed development substantially conforms to the
County General Plan.
3) That all residentie~,7_ development shall constitute an environment
of sustained desirability and stability, shall be in ha.xm<or~y with
the character of the surrounding neighborhood, and shall result
in an intensity of land utilization no ilig~er than, and standards
of open space at least, us high as permitted or as otherwise
specified for the district in rahich this development occurs.
k) That all commercial develop~rent shall create no traffic congestion,
shall not interfere lai.i:}; any projected improvements, shall provide
for proper entrances ar~d exits along with proper provisions for
internal traffic and parking, and shall be an attractive center
with no adverse effect upon the adjacent and surrounding existing
or prospective development.
5) That all industrial development, shall be in conformity ioith
desirable performance standards and shall constitute an efficient
and well organized development with adecuate provisions for
freight service and necessary storage, and that such development
shall have no adverse effects upon adjacent and surrounding
existing or prospective development.
6) That the development of a harmonious, integrated whole justifies
exceptions, if required, to the normal requirements of this
Ordinance, and that the contemplated arrangements or use make it
desirable to apply regulations and .requirements differing from
those ordinarily apr_~licable under t17e district regulations.
I. The Planning Commission may deny, approve, or conditionally- approve
an application for a P.U.D.
1) Any conditions imposed by the Planning Commission may include but
are not limited to: the time within which the project shall.
begin and be completed, changed boundaries of the project, uses
permitted, specification of minimum development standards,
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specified street dedica.tri on find improvcmeni,, utilities to be
furnished, ar_d a list or limit o*' variances permitted.
2) Appllcat lUT'. fOr and ap,~rOV31 Of a ~'. ~.Tj,, ';arhe re lri Vari.anCeu
from the standar:l regulatian:--; are approved , r s,rherein uses
normally reuuiri_:; use ~erm;ts are oornitted, shall. be deemed
to be ir: co;nplia::ce wish all the nc;cessary procedures fox°
Se CUr111g ~r (;:Panting ?. ~'T]'i r-&;1C<9° Ox ,:~ ''DSO:, PC rm1t ."
3) Where completed d~°ac,~iiigs ara considered, a~~proval o£ a P.U.D.
shall be deemed to be and includes "plan approvaJ." as provided
for in Sec+,icn 3?_,
J. Or: any P.t?.D. the Planning Commission. may make any considerations
and apply any conditions indicated under the p:cocedure £or processing
applications for "plan approvals," "use permits," or "variances."
K. Any P.U.D., as approved, shall be subject to al:L conditions imposed,
and shall be excepted from other provisions of this Ordinance only
to the extent specified ir: said approval.
L. Extensions of time imitations may be granted by the Planning Commission
upon finding that no change of conditions has occurred in relation
to the property since the approval and/or that the approval is still
valid with respect to any changed conditions. Application for any
extension. shall be filed in the office of the Planning Commission not
less than sixty (EO) days prior to the expiration date, blithin forty-
five (45) days after receipt o£ such application, the Planning
Commission sha7.1 hold a hearing and tare action thereon and if any
extension is granted the Planning Comn fission may impose additional
conditions a,s required.
Section 34• CLUSTE2 PIte.\I DEV~L,OPNii'sivT
A. The purpose of "C)_u;ter Plan Development" (C.P.D ) is to provide
exceptions to the provisions of Sec'tior 9 of tk:is Ordinance so that
permitted densii,,y o~ dwelli.ng units contemplated by the minimum lot
size requirements is n.aintained in sin1;'_e-family districts on an
overall basis and de~i~~able open space, tree cover, recreational
areas or scenic vistas are preserved.
B. The minimum area of a C.P.D. shall be at least two (2) acres.
C. Application for C.P.D. approval shall. be made on a form prescribed
by the Planning Commission and shall be accompanied by a filing and
processing fee as set forth under the Subdivision Ordinance.
D. The procedure for processing an application for approval of C.P,D.
shall be in the manner prescribed in Section 22 of the Subdivision
Ordinance,
E. C.P.D. is restricted as follows:
1) The maximum number of lots that may be created under the C.P.D.
procedure shall be computed by subtracting twenty percent (20~)
of the total area being considered for C.P.D. for street right-
of-way and dividing the remaining area by the minimum lot area
requirement of the single-family district or' districts in which
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the C.P.D. is to be located. This method shall apply :regardless
of the amount of land actually reeu.ired for street right-of-way.
Land utilized by utilities for easement for major facilities such
as electric transmission lines and water mains, where such ].and
is not available to the otianer for d.evalopment because of the
easements shall not, be cons~.dered as earl: cf the gross acreage in
computing the maximum. number of lots that may be created under
the C.P.D. procedure. Land normally subjected to be submerged
in water or with slopes in excess cf thirty percent (30%) shall
not be considered as part of the gross acreage in computing the
maximum number of lots that may be created under the C.P.D.
procedure.
2) Under this procedure, lots may be reduced in area belovr the
minimum lot size required in the district in which the C.P.D. is
located provided that the average lot size of the lots created
in the C.P.D. is not below the minimum lot size required in the
district for C.P.D.
3) No lot in single-family residential district shall be reduced in
area below the follovring minimum standard:
AREA REC?UIRENiENT C.P.D. NiINIMUP4 STANDARD
1 Acre 20,000 sq. ft.
30,000 so,. ft. 15,000 " "
20,000 " " 12,000 " "
15,000 " " 10,000 " "
10,000 " " 7,500 " "
'], 500 ° ° Ei, 000 n n
!v) The location, extent and purpose of common land proposed to be
set aside for open space or for recreational use within any
C.P.D. must be received and approved by the Planning Commission
before the provisions of this section shall apply. A private
recreational use such as a gol£ course or a swimming pool, whose
use is limited to the mN•ners or occupants of lots located within
the C.P.D. may be approved as a common land. Other uses or sites
which may cualify as comr:on land include historic buildings or
sites, parks and parkvaay areas, ornamental parks, extensive areas
Frith tree cover, land along usable shoreline areas, and low land
along streams or areas of rough terrain where such areas are
extensive and have natural. features worthy of preservation and
are usable for normal recreational pursuits.
5) The method of maintenance of common land for open space or
recreational use shall be acceptable to the Director.
F. The requirements as set forth under P.U.D. shall apply in cases not
mentioned under C.P.D. and which are determined to be applicable by
the Planning Commission.
Section 35. SPECIAL REGULATIONS
A. In any district that Hermits building sites of two (2) acres or less
in area, no building designed and/or intended for human occupancy
shall be constructed and no permit therefor shall be issued unless:
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1) Two of the following conditions exist:
a. The street on i~rhich the building site fronts is dedicated to,
accepted and maintained by the County cr has been approved
by the Planning ommission.
b. The building site is served by a publicly owned and operated
water supply system.
c. The building site is served by a disposal system, which has
been specifically approved by the Department of Health. .
2) Or such streets, water supply system, and sewage disposal system
all are constructed and maintained by private means and have
been approved by appropriate public agencies.
3) Or the building site is in an "older community" which has developed
to the point of establishing community characteristics and is sub-
standard faith respect to streets or water supr,ly or sewage disposal.
Such "older community" shall have previously been designated by
the Planning Comrcnission and the boundaries thereof indicated on
the "Zoning Nlap."
B. i•Ihenever an application for an amendment to this Ordinance or for a
"variance," "use permit," "plan approval," or P.U.D. has been denied,
no new application for the same relief covering all or any portion
of the property involved in the original application shall be received
by the Planning Commission for a period of two (2) years from the
effective date of the final denial of the original application;
provided, however, that upon a showing of a substantial change of
circumstances the Planning Commission may permit the filin€; of such
new application prior to the expiration of such two (2) year period.
Nothing contained herein shall prevent the Board of Supervisors or
the Planning Commission from at any time initiating any proceedings
which either of said bodies may initiate pursuant to this Ordinance.
C. Whenever any "variance," "use permit," "plan approval," or sign
approval not otherwise conditioned has not been utilized within a
period of two (2) years frorn the date of final approval, then without
any further action such "variance," "use permit," "plan approval,"
or sign approval shall become voided and thereafter may not be used.
D. Ebery administrative action for any giver. parcel of land becomes void
upon the changing of the district within which the parcel lies unless
such administrative action deals with a regulation which is precisely
the same under the regulations of the new district or unless the
administrative action is taken with full knowledge of a proposed or
impending change of district, in which case the approval of such
administrative action shall state that the action is equally acceptable
under the existing and proposed or impending specified new district.
E. An application for any administrative action ma;y include a reouest
for a lesser action without payment for any additional filing fee
provided that any notice of arty required hearing shall contain
information relating to the total requested or contemplated action.
1) Each action in the following list shall be a lesser action than
any which precedes it: P.U.D., "variance," "use permit," ~~plan
approval," sign approval.
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2) /actions to amend this Ordinance may be considered concurrently
with other administrative actions but applications £or and
decisions thereon shall be accomplished separately.
F. All administrative actions shall apply to the :applicable land,
building, development or use and shall not be granted if the action
sought would not be equally acceptable under a variety of owners,
and such privileges granted shall run with the land and shall not
reside in any particular owner or occupant o£ any premises.
G. Failure to comply ;rith any conditions attached to any administrative
approval shall void such approval.
Section 36. VARIANCES
A. The Planning Commission may grant "variances" from the provisions of
this Ordinance provided that no variances shall be granted to allow
a use not otherwise permitted within the district.
B. No "variance" may be granted unless the Planning Commission finds
the following:
1) That there are special or unusual circumstances applying to the
subject property, building or use which do not generally apply
to surrounding property or improvements in the same district.
2) That said special or unusual circumstances exist either to a
degree which deprives the otianer or applicant of substantial
property rights which would otherwise be available, or to a
degree which obviously interferes with the best use or manner
of development of the subject property.
3) That the :;ranting of the "variance" shall not constitute a
grant of personal or special privilege inconsistent with the
limitations upon other properties under identical district
classification.
k) That the granting of the "variance" shall not be inconsistent
with the general purpose oP the district or the intent and
purpose of this Ordinance will not militate against the County
General Plan and shall not be materially detrimental to the
public welfare or injurious to improvements or property rights
related to property in the near vicinity.
5) That the evidences to support the decision shall be recorded
specifically.
C. Application fora "variance" shall be on a form. prescribed for this
purpose by the Planning Commission and shall be accompanied by:
1) Anon-refundable, filing fee and processing, fee of one hundred
dollars 0100.00).
2) A description of the property in sufficient detail to determine
the precise location of the property involved.
3) A plot plan of the property, drawn to scale, with all proposed
structures shown thereon and any other information necessary to
a proper determination relative to the specific request.
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4) Any other plans or in~'ormation required by the Planning Commission.
D. The Planning Cormission shall, within forty-five (45) days after the
filing of a proper applicatio:; or within such longer period as may
be agreed to by the applicant, hold at least one. public hc;aring on
and shall render a decision on said applicaticn.
1) Notice of the proposed public hea.rinE* and 5_ts purposes shall be
published at least twice in a newspaper o£ €=eneral circulation in
the County, once at least ten (10) days prior to the date of
said hearing and the second at least two (2) days prior to said
hearing.
2) In lieu of a published notice in a newspaper the Planning
Commission may, by policy, require that every record property
owner, or leaseholder, of property within three hundred (300)
feet of the subject parcel shall be notified of said public
hearing and its purpose by mail which shall be postmarked at
least ten (10) days prior to the date of said hearing.
3) Under the latter procedure the proceedings shall not be nullified
if some owners or leaseholders fail to receive such notice.
E. The Planning Commission shall deny, approve, or defer the application
subject to conditions.
1) The conditions imposed by the Planning Commission shall bear a
reasonable relationship to the "variance" granted and shall be
oriented in the direction of achieving a substantial eouivalent
or alternative to -the regulation from which the variance is
sought.
2) In the event the Planning Commission fails to act within the
forty-five (45) day period or such longer period as may have
been agreed to by the applicant, then the Director shall certify
such application as approved and shall so notify the applicant.
F. Action of 'the Planning Commission shall be final but in case the
applicant is dissatisfied with the Commission's decision, he may
within fifteen (15) days after such action is ttaken, appeal said
decision in writing to the Board of Supervisors.
1) Said appeal shall be accompanied by a filing fee of ten dollars
(w10.00).
2) Said appeal shall set forth tJie basis of such appeal and shall
specifically detail the manner in which it is alleged that the
Planning Cormnission has erred in making its determination.
3) The Board of Supervisors upon receipt of such appeal shall set
the matter for a hearing.
a. Notice of the hearing shall be mailed at least ten (10) days
prior to such hearing to the appellant, the Planning
Commission, and to every person that tyre record of the Planning
Commission proceedings indicates expressed an interest in
the subject action, either by mail or i_n person.
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ly) bJithin sixty (60) days after the filing of such appeaa, the
Board of Supervisors shall affirm, modify or reverse the action
from which the appeal was taken.
Section 37. USE PEPI~TITS
A. "Use permits" may be issued as reouired cr permitted for all other
uses for which a "use permit" is necessary.
B. Application for a "use permit" and the procedural handling shall be
precisely the same as for an application for a "variance" as set
forth in Section 36, except as follows:
1) The Planning Commission shall study the rranner in which nearby
properties are used, the character of the community and any
other pertinent factors; shall analyze the proposed use
considering all its aspects and its effect upon the community;
and shall attach such conditions to the permit as are deemed
necessary to assure the proper integratior. of said use and the
preservation of tYie purpose of the district and of this Ordinance.
2) The Planning Commission shall specify the following conditions
pertaining thereto: location, amount and type of construction,
type of use, its maintenance and ape ration, type and amount of
traffic, of£-street pa rking, condition and vaidth of adjoining
roads, access, nuisance values, appearance of the building,
landscapink„ yards, open areas and other similar matters.
3) If the Planning Conmissio:l determines that the use as proposed or
as conditioned is acceptable but additional information is needed
about the physical development, it may grant a conditional use
permit providing t.haC no stri~.cture or improvement pertaining to
the use proposed shall Le permitted unless or until "plan
approval" has been secured therefor.
Section 3B. AMENDMEPTS
A. This Ordinance may be amended by changing the "ooundaries of districts
or by changing any other provision hereof tiohenever the public necessity
and convenience and the general welfare require such amendment.
B. An amendment may be initiated by:
1) The Board of Supervisors;
2) The Planning Commission;
3) The verified petition of seventy-five percent (75%) of the owners
of the property l,rithin seven hundred fifty (750) feet of the
property under consideration by the proposed amendment, which
petition shall be on a form prescribed by and filed with the
Planning Commission and shall be accompanied by a filing and
processing fee of one hundred dollars (:~p100.00).
a. For the purpose of complying with this section, a property
owner shall be deemed to include the holder of a lease interest
the expiration of ~rrhich will occur more: than five (5) years
after the date of filing such petition.
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b. Such petition shall contain or be accompanied by an accurate
description of the property and a map,, drawn to scale, of
the property which also shows its location in relation to
surrounding properties and to known laandmarks or improvements.
C. The Planning Commission shal'1 hold at least oY:e public hearing on any
proposed amendment in the area or district affected by such amendment.
1) At least ten (10) days prior to the public: hearing, the Planning
Commission shall give notice thereof by publishing at least once
in a newspaper of general circulation in the County, 'the time,
date and place of such hearing, its purpose and a description of
any property which may be involved.
2) If the proposed amendment t~rould change the: district classification
of any property, the Planning Commission. shall give additional
notice by mailing, at least ten (10)days prior to the scheduled
date of such hearing, a tiaritten notice of the time, date and
place of such hearing, its purpose and a description or sketch
of the property involved to the owners of all property within
three hundred (300) feet of the affected property as well as to
owners of all property described in the petition.
a. If the hearing is the result of a. petition, the Planning
Commission may, by policy, recuire the petitioners to
accompany the petition with the names and latest ]mown
addresses of all owners as described above.
b. Any failure to mail or to receive written notices as afore-
said, shall not invalidate any proceedings for amendment
of this Ordinance.
D. In considering an amendment which proposes to change the district
classification of any property, the Planning Co~rmission shall consider
the purposes of the existing and proposed district and the; purposes
of this Ordinance and shall make no change in any district boundary
that does not result in a more appropriate land use pattern that will
further the public necessity and convenience and the general welfare.
E. After the conclusion of the public hearing, the Planning Commission
shall approve or disapprove any proposed amendment and shall file a
report of its findings and action taken with the Board of Supervisors.
Such report shall be filed within ninety (90) days after receipt of
the petition or after the date of the Boards resolution of intention,
as the case may be, or within such longer period as may be agreed
upon between the Planning Commission and the instigator of such action.
1) Failure of the Planning Commission to so report within the ninety-
(90) day period or within such longer period as may be: agreed
upon shall be deemed. to be approval of the proposed amendment by
the Planning Commission and shall be so reported to the Board of
Supervisors.
F. In the event the Planning Commission approves the proposal, the Board
of Supervisors shall act on such proposal as indicated below, How-
ever, in the event the Planning Con¢nission denies the proposal, its
decision is final except that the petitioners within fifteen (15)
days after such action may in i•rriting appeal such decision to the
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Board of Supervisors, in tirhich case the Beard shall hear the matter
in the same manner as for an approval.
G. Upon receipt of such report or appeal. the Board of Supervisors shall
set the matter for public hearing and shall give notice thereof by
two (2) publications in a newspaper of general circulation within
the County, one at least t,en (10) days p:-~_or to the date of said
hearing and the second, at least two (2) days prior to said hearing.
After conclusion of the hearing, the Board of Supervisors may affirm,
reverse or modify the Planning Commissions decision and may adopt
the proposed amendment or any part thereof in :;uch form as said
Board deems advisable. The Aoard of Supervisors shall overrule or
modify any decisions of the Planning Commission only by the affirm-
ative vote of at least five (5) of its members.
1) The public hearing by the Board of Supervisors shall be held
within sixty (60) days after receipt of such report or appeal.
H. With the consent of the Planning Commission, any petition for an
amendment may be withdrawn upon the written application of a majority
of all the persons who signed such petition. The Board of Supervisors
or the Planning Commission, as the case may be, may, by motion,
abandon any proceedings for an amendment initiated by its own
resolution of intention.
1) Such withdrawal or such abandonreent may be made only when such
proceedings are before such body for consideration, and provided
that any hearing of which public notice has been given shall be
held.
Section 39. ENFORCEbENT, IEGiaL PROCEDURES AND PENALTIE:i
A. A11 departments, officials, and public employees which are vested with
the duty or authority to issue permits or licenses shall conform to
the provisions of this Ordinance and shall issue no such permits or
licenses for uses, buildings, or other purpose;; where the name would be
in conflict with the provisions of this Ordinance; any such permits
or licenses, if issued in conflict with the provisions of this
Ordinance, shall be null and void.
B. It shall be the duty of the Building Official t.o enforce any provisions
of this Ordinance relative to building construction and occupancy; it
shall be the duty o£ the Director to enforce al.l other provisions o£
this Ordinance pertaining to land use; and it shall be the duty of
all law enforcement officers of the County of Hawaii to enforce this
Ordinance and all the provisions of same.
C. Any person, firm, or corporation, tiahether as principal, agent, employee,
or otherwise, violating or causing or permitting the violation of any
of the provisions of this Ordinance, shall be guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine of not more
than five hundred dollars (w500.00). Such persons, firm or corporation
shall after conviction be deemed to be guilty of a separate offense
for each and every day during tiahich any violation of this Ordinance
is committed, continued, or permitted by such person, firm, or
corporation, and shall be punished as herein provided.
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D. Any building or structure or other improvement or development set up,
erected, constructed, altered, enlarged, converted, moved or maintained
contrary to the provisions of this Ordinance or any use of land
contrary to the provisions of this Ordinance shall be, and the same
is hereby declared to be, unlawful and a public nuisance, and the
County Attorney shall upon o~°der of the Board of Supervisors,
immediately commence action or proceedings for the abatement, removal,
and enjoinment thereof in the manner provided by law, and shall take
such other steps, and shall apply to such courts as may have ,juris-
diction to grant such relief as will abate and reroove such building,
structure, improvement, development or use, ,.and restrain and enjoin
any persons, firm or corporation from setting up, erecting, building,
maintaining, or using any such building, structure, improvement or
development, or using any property contrary to the provisions of this
Ordinance.
E. The remedies provided for herein shall be cumulative and not exclusive.
Section 40. EFFECTI~IE DATE
This Ordinance shall take effect upon adoption of the "Zoning Map."
'+dopted Date: March 1, 1967
..>~
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fa._..'_.". 11:Dfl,' ti. 41464 E ' $'f ' im- .. a. \ ows
ORDINANCE),REVISED ORDINANCES or lgt mat
of
HAWAII 1967,AS AMENDED,AMENDING REGULATIONS FOR
THE USE OF LAND AND STRUCTURES WITHIN EACH OF THE
VARIOUS DISTRICTS,SPECIFYING.PROCEDURES FOR THE
MINISTRATION AND ENFORCEMENT THEREOF.
This Bill amends Zoning Ordinance No. 63 by amending the
' regulations for the use of land and structures within each of the ,
various districts,specifying procedures for the administration and
enforcement thereof,and reads as follows:
SECTION 1. Section 3-A is hereby amended in the following
particulars to read as follows:
"72) Condominium: A system of separate ownership of
individual residential units in a multiple-residential
building.
"73) Environmental Impact Statement: A statement
Bch describes the physical,social,economic,and natural
resource consequences of a proposed action, including but
not limited to a discussion of alternatives to the proposed
action; adverse environmental effects which cannot be
avoided should the proposal beimplemented; the
_r h:t areen_local._short. ,- ruses of m`n's'en-
vironment and the maintenance an' enhancement of long •
term productivity; any irreversible and irretrievable
, cotinmitments of resources which would be involved in the
proposed action; and economic and social analysis of the
proposed action.
"74) Plan Approval: A method of allowing closer in-
spection of all developments in certain zoning districts in
order to assure that the intent and purpose of this ordinance
are carried out.
"75)Planned Development Permit:A license granted by
the Planning Commission to allow the submission of plans
for a hotel and/or condominium development for Plan
Approval."
SECTION 2. Section 11-B(4) is hereby amended to read as plication maybe processed prior to six(i)Suldbs IMO the y`
'•i
follows: date of the ladm
he .
"4) Apartments, provided that for a multiple-family "3) Guidelines for environmental impact statements t
dwelling unit which is considered a condominium,a Planned affecting hotel A condominium developments shall be made
Development Permit is secured from the Planning Com- available to the public by the Planning Department." $
mission." SECTION 10. Section 38 is hereby repealed and the follo •
SECTION 3. Section 15-B(1) is hereby amended to read as provisions are substituted therefor:
follows: "Section 38. AMENDMENTS • ,
"1)Hotels,resorts,resort motel,condominium buildings, "A. This ordinance may be amended by changing the
and provided that a Planned Development Permit is boundaries of districts or by changing any other provision l
secured from the Planning Commission." hereof whenever the public necessity and convenience and 1.
SECTION 4. Section 16-B(10) is hereby amended to read as the general welfare require such amendment.
follows: "B. Request for amendment may be submitted by:
"10)Hotels,apartment-hotels and condominium buildings "1) The County Council
provided the density shall not exceed one (1) rentable unit "2) The Planning Director si
for each 1,250 square feet of land area within the building "3) Owner(s) of the,property.
site and allocated for resort and accessory uses only; and "C. In considering an amendment which proposes to
provided further that a Planned Development Permit is change the district classification of any property, the
secured from the Planning Commission." Planning Director shall consider the purposes of the existing
SECTION 5. Section 17-B(15) is hereby amended to read as and proposed district and the purposes of this ordinance and
follows: shall recommend no change in any district boundary which
"15) Any use permitted in a `RM' district with a does not result in a more appropriate land use pattern that 3
maximum density of 1,250 square feet of land area per will further the public necessity and convenience and'the ''ti
"
rentable or dwelling unit; provided that a Planned general welfare. x ,
Development Permit is secured from the Planning Com- "1) The Planning Director may deny the proposed r
mission for a condominium building." amendments or recommend its approval to the County
SECTION 6. Section 18-B(27) is hereby amended to read as Council with the approval of the Mayor through the Plan- °
1 follows: ning Commission subject to conditions which would further
"27)Hotels, the intent of this ordinance and the General Plan and other apartment-hotels and condominium buildings
provided the density shall not exceed one (1) rentable unit related ordinances.
' for each 500 square feet of land area within the building site; "2) In the event the Planning Director recommends the (
and provided further that a Planned Development permit is approval of the proposal,the proposal shall be forw ' -a to
secured from the Planning Commission." the Planning Commission for its
G ..ma, _.e_3v_u:e hereb hY a?di a the +n fl County Coul(icil t, -.
"D.Upon receipt•of the clUtifteof SOO,
Na > ,Ap val' shall be given for any hotel an- Planning Director,the Planning 1i + it'": ? :
.` building unless a Planned Development least one public hearing.
I? list been secured
from thePlanning Commission "1)At least ten(10�)µdayjs�p�rior to the peony
of Section 35-H." 'Planning Con stall give aottek.
4641,-G,E(1)are hereby amended to read publishing in a - ;'
41.
as#I ' culation in e County,the.-thee,4kee, . tf.
11 .` ,et:"ani'appticatiori for an amendment to this hearing,its purpose and a description of a
1 for for a `variance,' `rise permit,' 'planned may be involved.
t, fit permit,'`plan approval,'or`P.U.D.'has been "2) The Planning Commission shall)
,7als�t iii T
de ed,no new application for the same relief covering all or notice by mailing, at least ten (10) day! p 1 ,"41mot pi of the property involved in the original ap- scheduled date of such hearing,a , ,
filiation shall be received by the Planning Commission for date and place of such hearin ,its purpose:af the
a period of two(2)years from the effective date of the final and place of such hearing,its purpose and a !
denial of the original application; provided,however,that sketch of the property involved to the owners of ail
i upon aishowing of a substantial change of circumstances the within three hundred(300)feet of the affected=
1 Co on maypermit the filingof such new well as to owners of allthe ,'
mm� property described in '
a.
$ prior
, to the expiration of such two (2) year ,,,
appli xp provided, however that any failure to Mail or .
period.Nothing contained herein shall prevent the County written notices. as aforesaid, shall not Invalidate u
Council:or the Planning Commission from at any time proceedings for amendment of this ordinance. "
initiating any proceedings which either of said bodies may "3)Within a reasonable time after the ceziebiftfigt eftfttof
- pursuant pursuant to this Ordinance." - public hearing,the Planning Commission
"C. Whenever any `variance,' 'ase permit,' `planned •the approval or disapproval of any
mol,
v 1 �l 1 •p ' tan appre a oval,'or sign approval not an! ' fl !r f of fl� + .r
ii e i 3 a 1;)1V/ . r c 0 r tr . i y
r t
4.1
'41/100141pplgerritt„'„Or A{VtOval$11411 ry within' -(15) 4,114 i .r..�p µ!§
•voidedn thereafter may not be " appeal such deo to the County k:4
p •
4
F E=
"E. An Application for any administrative action may Rules and ftegulatio governing"1E0E 1
include:a request for a lesser action without payment for Procedure of the Board of Appeals shall be adhered to.
any additional filing fee provided that any notice of any "F.Application for a change of zoning district and any
required hearing shall contain information relating to the other provisions of this ordinance shall be on a form
total requested or contemplated action. prescribed by the Director and shall be accompanied by:
"1)Each action in the following list shall be a lesser action "1) A filing and processing fee of one hundred dollars
than any which precedes it: P.U.D., `variance,"`use per- ($100.00).
mit,' 'planned development permit,' `plan approval,' sign "2) A description of the property in sufficient detail to
approval." determine its precise location.
SECTION 9.Section 35"is hereby amended by adding thereto a "3)A plot plan of the,property,drawn to scale with all
new subparagraph: proposed structures shown thereon and any other in-
"H. Planned Development Permit. formation necessary to a proper determination relative to
"1)`Planned Development Permits'may issued by the the specific request.
Planning Commisecon as required for uses for which a "4) Any other plans or information requested by the
'planned development^permit' is necessary: Planning Director or Planning Commission; provided that
"2)Application for a `planned development permit' and all proposed amendments involving the construction of hotel
the procedural handling shall be precisely similar for an and/or condominium developments, shall require the
application for a 'variance' as set forth in Section 36 of submission of an environmental impact statement."
- Ordinance No. 63,except as follows: SECTION 11.In the eventthat any portion of this ordinance is
a.The Planning Commission shall require the submission declared invalid,such invalidity shall not affect the other parts of
of an environmental impact statement as a part of the ap- this ordinance.
SECTION 12.This ordinance shall take effect upon its approval
b. The Planning Commission shall evaluate tl en-
virdfithelltal impact statement including an analysis-6f the Date Introduced: June 20, 1973
manner in which nearby properties are used,the character
of the area and community,the needs of the people,and any Copies of the foregoing Bill,in full,are on file in the Office of the
other pertinent factors;The planning Commission shall.also County Clerk for use and examination by the public.
attach conditions to the permit as are deemed necessary to
assure compatibility with the General Plan and Section 346 I hereby certify that the foregoing Bill passed first reading at the
of the County Charter and the minimization of any adverse meeting of the County Council on June 20,1973,by the following aye
social and environmental impact. and no vote:
c. If the Planning Commission determines that the
proposed hotel and/or condominium use will fulfill the AYES: Councilmen Carpenter,De Luz,Farias, Fujii, Hisaoka,
intent of the General Plan and other related ordinances,it Kawahara, Matayoshi, Yadao and Chairman Yamada-9.
may grant the Planned Development Permit provided that 4
no structure or improvement pertaining to the proposed use NOES: None.
shall be permitted unless or until'plan approval'has been
secured therefor. Tadashi Suzuki
d. If the applicant proves that there have beena sub- COUNTY CLERK
stantial change of circumstances,the Planning Commission COUNTY OF HAWAII
may permit the filing of a new application prior to the ex-
piration of the two (2) year period provided that no ap- (853—Hawaii Tribune-Herald: June 26, 1973.)