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Home My WebLink AboutORD 1975-151BILL NO. 15('- COUNTY il' COUNTY OF HAWAII - STATE OF HAWAII ORDINANCF NO. _15'i,,.._ AN ORDINANCE REPEALING THE HAWAII COUNTY CODE, AS AMENDED, AND ADOPTING THE HAWAII COUNTY CODE 1975. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. ENACTMENT OF HAWAII COUNTY CODE 1975. The Hawaii County Code 1975, incorporating ordinances of a general and permanent nature and comprised of said ordinances through Ordinance No. 630, adopted on October 23, 1979, shall be designated and may be recited as 'Hawaii County Code 1975." A. The Hawaii County Code 1975, attached hereto as Exhibit "A,` consisting of Chapters 1 to 16, inclusive, and each section thereof, is hereby adopted and enacted to take effect on approval of this ordinance. B. Ordinances dealing with subjects of a limited nature, such as ordinances on improvement districts; fixing salaries of employees; providing for bond issues; relating to the capital budget; appropriating estimated annual revenues, receipts and fund balances; andother ordinances dealing with subjects of a temporary nature have been omitted. All ordinances excluded from the Hawaii County Code 1975 shall be on file and oven for inspection by the public at the office of the County Clerk during business hours. SECTION 2. REPEAL; EXCEPTION. The Hawaii County Code, adopted by Ordinance No. 1 on June 20, 1973, is hereby repealed except that all ordinances which have not been incorporated into the body of the Hawaii County Code, as amended, and all amendments to the Hawaii County Code which have not been incorporated into the body of the Hawaii County Code 1975, shall not be deemed to have been repealed, but shall be continued with full force and effect unimpaired by the Hawaii County Code 1975. SECTION 3. CONTINUITY OF ACT OR PROCEEDING. A. The repeal of the Hawaii County Code, as amended, or any portion thereof, by this Ordinance shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if the Hawaii County Code, as amended, or any part thereof, so repealed had remained in force. No offense committed and no liability, penalty or forfeiture either civilly or criminally incurred prior to the time when the Hawaii County Code, as amended, or any part thereof, shall be repealed or altered by the Hawaii County Code 1975, shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if the Hawaii County Code, as amended, or any part thereof, had not been repealed or altered. B. No ordinance relating to appropriation of funds, general plans, improvement districts, salaries of employees, and moratorium on permit fees and no resolution relating to improvement districts, cemeteries, and naming of streets shall be affected by the repealing clause of this Ordinance. -2- SECTION 4. CONSTRUCTION OF HAWAII COUNTY CODE 1975. Provisions in the Hawaii County Code 1975 shall be construed as continuations or amendments of applicable or corresponding provisions of previously existing Hawaii County Code and ordinances, and not as new enactments. In case of a conflict between two or more provisions, or in any case of a latent or patent ambiguity or obvious clerical error in any provision of the Hawaii County Code 1975, references may be had to the previously existing Hawaii County Code or ordinances for the purposes of applying the rules of construction relating to repeal by implication or for the purpose of resolving the ambiguity or correcting the error. SECTION 5. REVIVOR. When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause, or provision. SECTION 6. AMENDMENTS. A. Any additions and amendments to the Hawaii County Code 1975 when passed in such form as to indicate the intention of the County Council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Hawaii County Code 1975" shall be understood and intended to include such additions and amendments. B. All ordinances of a permanent and general nature enacted and adopted subsequent to the adoption of Ordinance No. 1 on June 20, 1973, shall be deemed to have amended the -3- Hawaii County Code 1975, and shall be construed as continuations or amendments of applicable or corresponding provisions of the Hawaii County Code 1975. In any case of obvious error, concerning the format and structure, in amending the applicable provision of the Hawaii County Code 1975, references may be had to the previously existing Hawaii County Code for the purpose of correcting the error. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon its approval. INTRODUCED BY: Hilo, Hawaii Date of Introduction: September 10, 1975 Date of Adoption: September 24, 1975 Effective Date: October 1, 1975 ae COUN IL ME��R, UN' O Hilo, Hawaii Date of Introduction: September 10, 1975 Date of Adoption: September 24, 1975 Effective Date: October 1, 1975 ae Hilo, Hawaii Date: 1n 1.1a FIRST READING AYES AYES NOES Carpenter Be Luz Fujii Carpenter JA/E De Luz Hisaoka x Fujii X X Hisaoka x X X Kawaharo Lai X Levin X Yadao 9 Yamada 9 Publication Date: Sept. 15, 1975 Hilo, Hawaii Date: Sanromhcr 9A la'la SECOND & FINAL READING AYES NOES A/E Carpenter Be Luz Fujii X g Hisaoka x Kowahara X Lai X Levin X Yadao Yamada % 9 00." G !97`_ Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. 7 Approved/flimppotrreed thi. L day of 19 C Mayor, County of Hawaii /^ Council Chairman County Clerk Bill No...159_ Reference:_ ___ _____. _. M.B. No. Ord. No. CHAPTER 1 TABLE OF CONTENTS Page CHAPTER 1 GENERAL PROVISIONS Article 1 Title ......................................... 1-1 Article 2 Construction Of Ordinances .................... 1-1 Article 3 Definitions ................................... 1-3 Article 4 Repeal Of Resolutions Or Ordinances........... 1-5 Article 5 Severability .................................. 1-6 CHAPTER 2 ADMINISTRATIVE CODE Article 1 Organization Plan ........................... .. 2-1 Article 2 Departments And Heads Under Direct Article 3 Fireworks Control ............................. Supervision Of The mayor .................... 2-3 Article 3 Departments And Heads Under Direct Article 5 Unoccupied Lots ............................... Supervision Of The Managing Director........ 2-13 Article 4 Departments And Administrative Heads Under Article 7 Tampering With Motor Vehicles ................. Commissions And Administrative Supervision Article 8 Toy Rifles .................................... Of The Mayor ................................ 2-29 Article 5 Agencies And Administrative Heads Under Article 10 Disposal Of Refuse ............................ Administrative Supervision Of Mayor Unless Expressly Excepted .......................... 2-32 Article 6 (Reserved) .................................... 2-34 Article 7 (Reserved) .................................... 2-35 Article 8 Code Of Ethics ................................ 2-36 Article 9 (Reserved) .................................... 2-46 Article 10 Miscellaneous ................................. 2-47 CHAPTER 3 REGULATIONS PROMOTING THE GENERAL WELFARE Article 1 County Parks And Recreational Areas........... 3-1 Article 2 Streets, Highways And Other Public Places..... 3-29 Article 3 Fireworks Control ............................. 3-113 Article 4 Regulations Applicable To Minors .............. 3-121 Article 5 Unoccupied Lots ............................... 3-124 Article 6 Interference With Radio Reception ............. 3-126 Article 7 Tampering With Motor Vehicles ................. 3-127 Article 8 Toy Rifles .................................... 3-128 Article 9 Disaster Control .............................. 3-130 Article 10 Disposal Of Refuse ............................ 3-133 CHAPTER 4 BUSINESS REGULATIONS Article 1 Cemeteries .................................... 4-1 Article 2 Dance Halls ................................... 4-4 Article 3 Minors In Street Trades ....................... 4-11 Article 4 Mobile Homes .................................. 4-16 Article 5 Poi Shops ..................................... 4-18 Article 6 Slaughter Houses .............................. 4-20 Page CHAPTER 5 GROUND TRANSPORTATION The County of Hawaii General Plan............ Article 1 Common Carriers ........5-1 (Rserved).................................... Article 2 Passenger Carrying Capacity .................. 5-7 Article 3 Taxis ........................................ 5-11 Article 4 School Buses ................................. 5-24 Article 5 Miscellaneous ................................ 5-32 CHAPTER 6 TRAFFIC CODE Residential Districts ..................... Article 1 General Provisions. :****'**''**'***"****'*** 6-1 Article 2 Traffic Control Devices ...................... 6-20 Article 3 Driving on Right Side Of Roadway - Regulations for RM, Multiple Family Overtaking And Passing - Use of Roadway .... 6-24 Article 4 Right Of Way ... 4...... 4 ...................... 6-27 Article 5 Use And Maintenance Of Golf Carts And Golf Course Maintenance Vehicles Upon Public Thoroughfares .............................. 6-28 Article 6 Turning And Starting And Signals On Stopping and Turning ....................... 6-32 Article 7 Stop Signs And Yield Signs ................... 6-35 Article 8 Speed ........................................ 6-40 Article 9 Due Care ..................................... 6-43 Article 10 One-way Street ............................... 6-44 Article 11 Miscellaneous Rules ..........................6-45 Article 12 Pedestrians Right And Duties ................. 6-57 Article 13 Operation Of Bicycles And Play Vehicles...... 6-59 Article 14 Method Of Parking ............................ 6-60 Article 15 Stopping, Standing And Parking ............... 6-63 Article 16 Stopping For Loading And Unloading Only ...... 6-72 Article 17 Parking -Meter Zones .......................... 6-76 Article 18 Equipment .................................... 6-83 Article 19 Inspection Of Vehicles ....................... 6-135 Article 20 Penalties And Procedures ..................... 6-138 Schedules Attached. CHAPTER 7 PLANNING CODE Article 1 The County of Hawaii General Plan............ 7-1 Article 2 (Rserved).................................... 7-2 CHAPTER 8 ZONING CODE Article 1 General Provisions ........................... 8-1 Article 2 Land Use Districts ........................... 8-21 Article 3 Regulations for RS, Single Family Residential Districts ..................... 8-25 Article 4 Regulations for RD, Double Family Residential Districts ..................... 8-27 Article 5 Regulations for RM, Multiple Family Residential Districts ..................... 8-29 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 CHAPTER Article Article Article SUBDIVISION CONTROL CODE General Provisions ........................... 9-1 Administration ....... ........................ 9-5 Prohibitions And Exceptions .................. 9-36 CHAPTER 10 SIGN REGULATIONS Article 1 General Provisions ........................... 10-1 Article 2 Administration ............................... 10-5 Article 3 Regulation Of Signs .......................... 10-9 CHAPTER 11 ELECTRICAL CODE Article Page Regulations for RA, Residential and 11-1 Agricultural Districts ..................... 8-31 Regulations for A, Agricultural Districts.... 8-34 Regulations for U, Unplanned Districts....... 8-38 Regulations for V, Resort -Hotel Districts .... 8-40 Regulations for CO, Commercial Office 4 Districts ........... .................. .....8-43 11-16 Regulations for CN, Neighborhood 5 Commercial Districts ....................... 8-45 Regulations for CG, General Commercial Districts .......... ........... .............8-47 Regulations for CV, Village Commercial Districts—_ ..... :*:'*****111***8_50 Regulations for ML, Limited Industrial Districts .................................. 8-52 Regulations for MG, General Industrial Districts .................................. 8-55 8-55 Regulations for O, Open Op Regulations for S, Safety Districts.......... 8-60 Regulations for IA, Intensive Agricultural Districts.................................. 8-61 (Reserved) ................................... 8-63 (Reserved) ................................... 8-63 (Reserved) ................................... 8-63 Plan Approval ................................ 8-64 Planned Unit Development.......... 0.......... 8-67 Cluster Plan Development ..................... 8-71 Building Lines, Future Width Lines and Plan Lines for Future Streets .............. 8-74 General Provisions, Exceptions and Supplementary Regulations .................. 8-76 Special Regulations .......................... 8-90 Kailua Village Special District and Urban Design Review Commission... ................ 8-98 Severability ..................... 0........... 8-101 SUBDIVISION CONTROL CODE General Provisions ........................... 9-1 Administration ....... ........................ 9-5 Prohibitions And Exceptions .................. 9-36 CHAPTER 10 SIGN REGULATIONS Article 1 General Provisions ........................... 10-1 Article 2 Administration ............................... 10-5 Article 3 Regulation Of Signs .......................... 10-9 CHAPTER 11 ELECTRICAL CODE Article 1 General Provisions ........................... 11-1 Article 2 Definitions .................................. 11-5 Article 3 Administration And Enforcement ............... 11-10 Article 4 Permits And Fees ............................. 11-16 Article 5 Standards .................................... 11-30 Page Article 6 Certification And Registration ................ 11-32 CHAPTER 12 HOUSING CODE Article 1 General Provisions ............................ 12-1 Article 2 Enforcement ................................... 12-10 Article 3 Space And Occupancy Standards ................. 12-13 Article 4 Structural Requirements ....................... 12-24 Article 5 Mechanical Requirements ....................... 12-25 Article 6 Exits ......................................... 12-27 Article 7 Fire Protection ............................... 12-28 Article 8 Substandard Buildings ......................... 12-29 CHAPTER 13 PLUMBING CODE Article 1 General Provisions .........13-1 Article 2 Amending The Plumbing Code .................... 13-3 CHAPTER 14 SEWERS CODE Article 1 General Provisions ............................ 14-1 Article 2 Sewage Works And Sewer Connections............ 14-8 Article 3 Sewer Service Charges ......................... 14-13 CHAPTER 15 BUILDING CODE Article 1 Adoption Of Uniform Building Code ............. 15-1 Article 2 Amending The Building Code .................... 15-2 Article 3 Cultural And Historic Sites ................... 15-57 Article 4 Establishment 6 Of Fire Zones ................... 15-62 Article 5 Drainage And Flood Control .................... 15-64 CHAPTER 16 IMPROVEMENTS BY ASSESSMENTS Article 1 General Provisions ............................ 16-1 Article 2 Costs ......................................... 16-10 Article3 Procedures .................................... 16-12 Article 4 Assessments ................................... 16-33 Article 5 Financing ..................................... 16-41 Article 6 Refunding ..................................... 16-48 Article 7 Limitation On Time To Sue ..................... 16-55 Article 8 Severability .................................. 16-56 Article 9 Ratification And Validation ................... 16-57 CHAPTER 1 GENERAL PROVISIONS Page Article1 ........................................................... 1-1 Title.............................................................. 1-1 Article2 . ......................................................... 1-1 Construction of Ordinances ........................................ 1-1 Sec. 1. Construction of Hawaii County Code ............... 1-1 Sec. 2. When these Rules of Construction Shall Not Apply.1-2 1-5 Sec. 3. Reference to Titles, Articles, Chapters, or 1-5 Sections --Conflicting Provisions .............•••• 1-2 Sec. 4. Penalty Where No Penalty Provided ............... 1-3 Article3 . ......................................................... 1-3 Definitions....................................................... 1-3 Sec. 1. Terms, Phrases and Words ........................ 1-3 Article4 . ......................................................... 1-5 Repeal of Resolutions or Ordinances ............................... 1-5 Sec. 1. Revivor.......................................... 1-5 Sec. 2. Effect on Rights Accrued ........................ 1-5 Sec. 3. On Pending Suit or Prosecution .................. 1-5 Article5 . ........................................................ 1-6 Severability...................................................... 1-6 Sec. 1. General Provision 1-i CHAPTER 1 GENERAL PROVISIONS ARTICLE 1. Title This Code shall be known as the "Hawaii County Code 1975," hereinafter referred to as "Hawaii County Code." ARTICLE 2. Construction of Ordinances SEC. 1. CONSTRUCTION OF HAWAII COUNTY CODE In the construction of the Hawaii County Code the following rules shall be observed unless it shall be apparent from the context that a different construction is intended: A. GENERAL RULE All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. B. GENDER --SINGULAR AND PLURAL Every word in the Hawaii County Code shall extend to and be applied to all genders; and every word importing the singular number only shall extend and be applied to several persons or things as well as to one person or thing; and every word in the plural number include the singular number, and every word in the singular number include the plural number. C. TENSES Every word used in the present tense shall include the future. D. ACTS BY SUBORDINATE OFFICER When any provision herein requires an act to be done, which may by law as well be done by a subordinate officer as by the superior officer, such requirement shall be construed to include all such acts when done by an authorized subordinate officer. E. TIME--HCR1 COMPUTED The time within which an act is to be done as provided in any provision herein or in any order issued pursuant to any provision herein, when expressed in days, shall be computed by excluding the first day and including the last, unless the last day is a Sunday or holiday, in which case it is also excluded. SEC. 2. WHEN THESE RULES OF CONSTRUCTION SHALL NOT APPLY The rules of construction set forth in Section 1 above shall not be applied to any provision of the Hawaii County Code which shall contain any express provision excluding such con- struction, or when the subject matter or context of a provision of the Hawaii County Code may be repugnant thereto. SEC. 3. REFERENCE TO TITLES, ARTICLES, CHAPTERS, OR SECTIONS --CONFLICTING PROVISIONS In addition to the rules of construction specified in Section 1, the following rules shall be observed in the construction of the provisions of the Hawaii County Code: A. All references to Chapters, Articles or Sections are to the Chapters, Articles and Sections of the Hawaii County Code unless otherwise specifiFd. 1-2 B. I£ the provisions of different Chapters of the Hawaii County Code conflict with or contravene each other, the provisions of each Chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter. C. If conflicting provisions be found in different sections of the same Chapter the provisions of the Section which is enacted later in time shall prevail unless such construction be inconsistent with the meaning of such Chapter. SEC. 4. PENALTY WHERE NO PENALTY PROVIDED In any case where there shall be a violation of any of the criminal provisions of the Hawaii County Code for which no penalty is provided, the person violating the same shall be subject to a fine of not more than One Hundred Dollars ($100.00) for each offense or by imprisonment of not more than ninety days, or to both such fine and imprisonment. ARTICLE 3. Definitions SEC. 1. TERMS, PHRASES AND WORDS For the purposes of the Hawaii County Code the following terms, phrases, words and their derivations shall have the meaning given herein, unless it shall be apparent from the context that a different meaning was intended: A. "Agency" means any office, department, board, commission or other governmental unit of the County. 1-3 B. "Executive Agency" means any agency or department of the executive branch of the county government. C. "Employee" means any person, except an officer, employed by the county or any agency thereof but the term shall not include an independent contractor. D. "Officer" includes the following: 1. Mayor and members of the Council. 2. Any person elected or appointed as administrative head of any agency of the County or appointed as a member of any board or commission provided for in this Code. 3. Any person appointed by a board or commission as the administrative head of any agency of the County. 4. Deputy, assistant or division chief appointed by the administrative head of any agency of the county. 5. Assistant or deputies of the Corporation Counsel and Prosecuting Attorney. E. "District" means the geographical area or election district in the County of Hawaii as described in Sections 4-1 and 4-2, Hawaii Revised Statutes, and does not mean representative districts. F. "State" means the State of Hawaii. G. The term "County" shall mean the County of Hawaii. H. The term "Council" shall mean the County Council of the County of Hawaii. I. The term "Charter" shall mean the Charter of the County of Hawaii. 1-4 J. The term "persons" shall include individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations, or any officers, agents, employees, factors or any !rind of personal representatives of any thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law. ARTICLE 4. Repeal of Resolutions or Ordinances SEC. -1. REVIVOR The repeal of any resolution or ordinance shall not be construed to revive any other resolution or ordinance which has been repealed, unless it be so clearly expressed. SEC. 2. EFFECT ON RIGHTS ACCRUED The repeal of any resolution or ordinance shall in no case affect any act done, or any right accruing, accrued, aceuired or established, or any suit or proceedings had or commenced in any civil case, before the time when the repeal shall take effect. SEC. 3. ON PENDING SUIT OR PROSECUTION No suit or prosecution pending at the time of the repeal of any resolution or ordinance, for any offense committed, or for the recovery of any penalty or forfeiture incurred under the resolution or ordinance so repealed shall in any case be affected by such repeal. 1-5 ARTICLE 5. Severability SEC. 1. GENERAL PROVISION If any portion of the Hawaii County Code, or its application to any person or circumstance, shall be held unconstitutional or invalid, the remainder of the Hawaii County Code and the appli- cation of such portion to other persons or circumstances shall not be affected thereby. 1-6 CHAPTER 2 CHAPTER 2 ADMINISTRATIVE CODE Page Article1 . ....................................................... 2-1 Organization Plan ................................................. 2-1 Sec. 1 Declaration of Policy ............................ 2-1 Sec. 2 Office of the Mayor .............................. 2-1 Sec. 3 Organization of Executive Rranch,,,,,,,,,2-1 Settlement of Land Acquisition ................... Sec. 3.01 Departments and Heads under Direct Department of Finance ............................ 2-4 Sec. Supervision of the Mayor,,,,,,,,,,,,,,,,,,,,,,, 2-1 Sec. 3.02 Departments and Heads under Direct Refund of Permit Fees ............................ 2-4 Sec. Supervision of the Managing Director,,,,,,,,,,, 2-1 Sec. 3.03 Departments and Administrative Heads Staff ............................................ 2-s Sec. under Commissions and Administrative Quorum; Meetings; Rules; Office; Publication Supervision of the Mayor ....................... 2-2 Sec. 3.04 Agencies and Administrative Heads under General Plan ....... ....... ....... ..... ...........2-6 Sec. Administrative Supervision of the Mayor........ 2-2 Sec. 4 Order of Succession to Office of Mayor........... 2-2 Article2 . ....................................................... 3.06 2-3 Departments and Heads under Direct Supervision of the Mayor ....... 2-3 Sec. 1 Office of the Corporation Counsel ................ 2-3 Sec. 1.01 Settlement of Claims ............................. 2-3 Sec. 1.02 Settlement of Land Acquisition ................... 2-3 Sec. 2 Department of Finance ............................ 2-4 Sec. 2.01 Issuance of Warrants ............................. 2-4 Sec. 2.02 Refund of Permit Fees ............................ 2-4 Sec. 3 Planning Department .............................. 2-5 Sec. 3.01 Staff ............................................ 2-s Sec. 3.02 Quorum; Meetings; Rules; Office; Publication of Notices ..................................... 2-6 Sec. 3.03 General Plan ....... ....... ....... ..... ...........2-6 Sec. 3.04 Subdivision Regulations .......................... 2-7 Sec. 3.05 Zoning Regulations ............................... 2-8 Sec. 3.06 Application for Changes in Ordinances and for New Ordinances ............................. 2-9 Sec. 3.07 Miscellaneous Powers and Duties .................. 2-10 Sec. 4 Department of Research and Development........... 2-10 Sec. 4.01 Intent ........................................... 2-10 Sec. 4.02 Organization ..................................... 2-11 Sec. 4.03 Economic Development Committee ................... 2-11 Article3 . ....................................................... 2-13 Departments and Heads under Direct Supervision of the Managing Director ............................................... 2-13 Sec. 1 Department of Public Works ....................... 2-13 Sec. 1.01 Chief Engineer ................................... 2-13 2-i Page Sec. 1.02 Duties .......... ................................. 2-13 Sec. 1.03 Authority ........................................ 2-13 Sec. 1.04 Division and Bureaus.:_ ........................ 2-14 Sec. 2.01 Maps for House Numbering ........... ............. 2-15 Sec. 2.02 House Numbering .................................. 2-16 Sec. 2.03 Assignment of House Numbers,,,,,,,,,,,,,,,,,,,,,, 2-16 Sec. 2,04 Duty to Number House ............................. 2-17 Sec. 2.05 Manner of Numbering .............................. 2-17 Sec. 2.06 Cost of Numbering ................................ 2-17 Sec. 2.07 Acts Prohibited .................................. 2-17 Sec. 2.08 Penalty .......................................... 2-18 Sec. 2,09 Street Names ..................................... 2-18 Sec. 2.10 Adoption of Street Names ......................... 2-18 Sec. 2.11 Division of Automotive Equipment and Motor Pool,_2-18 Sec. 2.12 Assignment of County Vehicles,,,,,,,,,,,,,,,,,,,, 2-19 Sec. 2,13 Duties and Functions ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2-19 Sec. 2.14 Vehicle Storage .................................. 2-19 Sec. 2.15 Repairs .......................................... 2-20 Sec. 2.16 Rental of Motor Pool Vehicles and Equipment,,,,,, 2-20 Sec. 2.17 Schedule of Rates ........................... .... 2-20 Sec. 2.18 Books ............................................ 2-22 Sec. 2.19 Revolving Fund for Motor Poo1,,,,,,,,,,,,,,,,,,,,2_22 Sec. 3 Department of Parks and Recreation,,,,,,,,,,,,,,, 2-23 Sec. 3.01 Authority ........................................ 2-23 Sec. 3.02 Director ......................................... 2-23 Sec. 3.03 Deputy Director .................................. 2-24 Sec. 3.04 Full-time Employees .............................. 2-24 Sec. 3.05 Part -Time and Temporary Employees,,,,,,,,,,,,,,,, 2-24 Sec. 3.06 Cooperation with Other Agencies, Etc. ...........2-24 Sec. 3.07 Charges and Fees ................................. 2-24 Sec. 3.08 Rules and Regulations; Penalties ................. 2-25 Sec. 4 RESERVED ......................................... 2-25 Sec. 5 Fire Department .................................. 2-25 Sec. 5.01 Creation of Volunteer Fire Department............ 2-25 Sec. 5.02 Head.............................................2-26 Sec. 5.03 Other Personnel .................................. 2-26 Sec. 5.04 Volunteer Personnel ....2-26 Sec. 5.05 Travel Allowances for Volunteer Personnel,,,..... 2-27 Sec. 5.06 Coordination of Activities ....................... 2-27 Sec. 5.07 Cooperative Use of Fire -Fighting Apparatus and Facilities ................................. 2-27 Sec. 5.08 Benefits ......................................... 2-27 Sec. 5.09 Extent of Coverage ............................... 2-27 Sec. 5.10 Computation of Wages ............................. 2-28 Sec. 5.11 Other Volunteers ................................. 2-28 Article4 . ....................................................... 2-29 Departments and Administrative Heads under Commissions and Administrative Supervision of the Mayor,,,,,,,,,,,,,,,,,,,,,,,,, 2-29 Sec. 1 (Reserved) ....................................... 2-29 Sec. 2 Police Department ................................ 2-29 Sec. 2.01 Pound ............................................ 2-29 Sec. 2.02 Head ............................................. 2-29 Sec. 2.03 Staff............................................2-29 Sec. 2,04 Dog Wardens ...................................... 2-29 Sec. 2.05 Financial Aid to Parents of Junior Police,,,,,,,, 2-30 Sec. 2,06 Procedure ........................................ 2-31 2 -ii Page Article 5 . ....................................................... 2-32 Agencies and Administrative Heads under Administrative Supervision of Mayor unless Expressly Excepted .................. 2-32 Sec. 1 Civil Defense Agency ............................ 2-32 Sec. 1.01 Policy and Purposes ............................. 2-32 Sec. 1.02 County Civil Defense Agency ..................... 2-32 Sec. 1.03 Duties of the Deputy Director ................... 2-33 Sec. 1.04 Utilization of Existing Government Services. ....2-33 Article 6 . ....................................................... 2-34 Reserved.......................................................... 2-34 Article 7 . ....................................................... 2-35 Reserved........................................... ............ ...2-35 Article8 . ....................................................... 2-36 Code of Ethics ....... Sec. 1 Purposes........................................2-36 Sec. 2 Construction .................................... 2-36 Sec. 3 Applicability ............................... 2-36 Sec. 4 Definitions ..................................... 2-36 Sec. 5 Standards of Conduct ............................ 2-37 Sec. 6 Disclosure of Interest .......................... 2-38 Sec. 7 Conduct of Officers and Employees ............... 2-39 Sec. 8 Rules of Procedure .................. I............ 2-39 Sec. 8.01 Opinions ...................'..................... 2-39 Sec. 8.02 Disposition after Issuance of Formal Opin ion .... 2-43 Sec. 8.03 Penalties •.•.••••••••......••••••••••••......•••2-44 Sec. 8.04 Cooperation ..................................... 2-44 Sec. 9 Confidentiality ................................. 2-45 Article 9 . ....................................................... 2-46 Reserved.......................................................... 2-46 Article10 . ...................................................... 2-47 Miscellaneous..................................................... 2-47 Sec. 1 Issuance of Commissions ........................• 2-47 Sec. 2 Subpoenas ....................................... 2-47 Page Sec. 2.01 Issuance of Subpoenas ............................ 2-47 Sec. 2.02 Compensation for Attendance ...................... 2-48 Sec. 2.03 Penalty .......................................... 2-48 Sec. 3 Bonds of Officials ............................... 2-48 Sec. 3.01 Amounts of Bonds ................................. 2-48 Sec. 3.02 Filing of Bonds .................................. 2-48 Sec. 3.03 Payment of Premiums .............................. 2-49 Sec. 4 Travel and Other Expenses ........................ 2-49 Sec. 4.U1 Entitlement ...................................... 2-49 Sec. 4.02 Travel Allowance ................................. 2-49 Sec. 4.03 Report upon Completion of Trave 1 ................. 2-49 Sec. 4.04 Compensation for Use of Private Automobile....... 2-49 Sec. 5. Violations of County Charter ..................... 2-50 Sec. 5.01 Definitions ...................................... 2 -SO Sec. 5.02 Violations of Charter; Penalties ................. 2-50 Sec. 5.03 Exclusion ........................................ 2-51 Sec. 6 Fee Schedule for Public Records .................. 2-51 Sec. 6.01 Charges for Extracts and Certified Copies of Public Records .............................. 2-51 Sec. 6.02 Charges for Publications ......................... 2-53 Sec. 6.03 Applicability .................................... 2-53 Sec. 6.04 Exemption from Payment of Fees and Charges....... 2-53 Sec. 6.05 Mayor to Administer .............................. 2-55 Sec. 7 County Vehicle Taxes ............................. 2-55 Sec. 7.01 Amount of Tax .................................... 2-55 Sec. 8 Motor Vehicle Operators' Permits and Licenses .... 2-56 Sec. 8.01 Amount of Fees ................................... 2-56 Sec. 8.02 Disposition of Fees .............................. 2-57 Sec. 9 Inspection Costs ................................. 2-5/ Sec. 9.01 Charges for Overtime Inspections ................. 2-57 Sec. 10 Disposition of Surplus Property .................. 2-58 Sec. 10.01 Authority of Director of Finance ................. 2-58 Sec. 10.02 Proceeds; Records ................................ 2-58 Sec. 11 Uncollectible Accounts ........................... 2-59 Sec. 11.01 Procedure ........................................ 2-59 Sec. 11.02 Definition ....................................... 2-59 Sec. 12 Special Trust Fund ............................... 2-59 Sec. 12.01 Creation ......................................... 2-59 2 -iv CHAPTER 2 ADMINISTRATIVE CODE ARTICLE 1. Organization Plan SEC. 1. DECLARATION OF POLICY It is the purpose of this chapter to set forth the complete plan of the administrative organization of the agencies of the County government under the executive branch of the County government pursuant to Section 16-4(h) of the County Charter. SEC. 2. OFFICE OF THE MAYOR The Office of the Mayor shall be composed of the following: A. Mayor B. Managing Director C. Safety Coordinator SEC. 3. ORGANIZATION OF EXECUTIVE BRANCH The executive branch of the County shall be divided into the agencies noted hereinafter. SEC. 3.01 Departments and heads under direct supervision of the Mayor: A. Corporation Counsel ............... Corporation Counsel B. Department of Finance ............. Director of Finance C. Planning Department ............... Planning Director D. Department of Research Director of Research and Development ................. and Development SEC. 3.02 Departments and heads under direct supervision of the Managing Director: A. Denartment of Public Works ........ Chief Engineer B. Department of Parks and Parks and Recreation Recreation ...................... Director C. County Band ....................... Bandmaster D. Fire Department ................... Fire Chief 2-1 SEC. 3.03. Departments and administrative heads under commissions and administrative supervi.,ion of the Mayor: A. Department of Personnel Director of Personnel Services ....................... Services B. Police Department Chief of Police C. Department of Liquor Director, Department Control ........................ of Liquor Control D. Department of Water Supply ...... Manager SEC. 3.04. Agencies and administrative heads under administrative supervision of the Mayor unless expressly excepted therefrom: Civil Defense A. Civil Defense ................... Administrator B. Committee on Aging .............. County Executive on Aging C. Hawaii Redevelopment Agency ..... Manager SEC. 4. ORDER OF SUCCESSION TO OFFICE OF MAYOR In the event of civil or military disaster, during the temporary absence or disability of the Mayor, the Managing Director shall act as Mayor. If the office of Managing Director is vacant, or during such periods as the Managing Director is unable to so act, the Director of Finance shall then act as Mayor. If the office of Director of Finance is vacant, or during such periods as the Director of Finance is unable to so act, then the Planning Director, Director of Research and Development, Director of Personnel Services and Director, Department of Liquor Control, shall succeed to the office of Mayor in the order of the listing specified herein. 2-2 ARTICLE 2. Departments and Heads under Direct Supervision of the Vayor SEC. 1. OFFICE OF THE CORPORATION COUNSEL SEC. 1.01. SETTLEMENT OF CLAIiMS The Corporation Counsel shall have the power to adjust, settle, compromise or submit to arbitration any action, causes of action, accounts, debts, claims, demands, disputes and matters in favor of or against the County of Hawaii or in which the County of Hawaii is concerned as debtor or creditor, now existing or which may hereafter arise, not involving or requiring payment in excess or which may hereafter arise, not involving or requiring payment in excess of FIVE HUNDRED AND NO/100 DOLLARS ($500.00), provided the money to settle claims generally has been appropriated and is available therefor; and provided further that a quarterly report of all settlements shall be filed with the Council. SEC. 1.02. SETTLEMENT OF LAND ACQUISITION The Corporation Counsel shall have the power to adjust, compromise, settle or submit to arbitration, any land acquisition requests referred to him by other County agencies or eminent domain actions, causes of eminent domain actions in favor of or against the County or in which the County is concerned as purchaser, seller, condemnor or condemnee, now pending or which may hereafter arise, not involving or requiring payment in excess of FIVE HUNDRED AND NO/100 DOLLARS ($500.00), provided the money to settle any matter generally has been appropriated and is available therefor; and provided further that a quarterly report of all settlements shall be filed with the Council. 2-3 SEC. 2. DEPARTMENT OF FINANCE. SEC. 2.01 ISSUANCE OF WARRANTS Any person entitled to a warrant upon the County Treasury may file a written order for the same with the Director of Finance authorizing the person named in the order to receipt for such warrant or warrants. When so receipted, signed in the name of the claimant by the person named in the order so that both names appear upon the receipt, the Director of Finance may deliver the warrant to the person named in the order. In like manner, an order may be filed with the Treasurer covering the presentation and payment of such warrants. Such orders may cover all warrants issued or to be issued to the person signing the same during the year in which the order is dated but not later. Such orders may be renewed from year to year. SEC. 2.02 REFUND OF PERMIT FEES Director of Finance authorized to grant refund of permit fees. The Director of Finance of the County of Hawaii is hereby authorized to grant the refund of permit fees according to and in compliance with the provisions of this ordinance. A. Written request required; contents of request; time limit. Any person, firm, corporation or organization who has paid a fee established by the County for the issuance of any permit shall be entitled to a refund of such fee; provided, that said person, firm, corpora- tion or organization first submits a written request to the Director of Finance identifying the issue date, 2-4 amount, and nature of the permit; and, provided further, that said request is received by the Director of Finance within sixty (60) days from the issue date of the permit. B. Submission of request to responsible agency for confir- mation; amount of refund; minimum charge to be retained by County. Upon receipt of a written request for a refund, the Director of Finance shall record the date of receipt thereupon, and shall forward said request to the department or agency deemed responsible for the issuance of the permit. Said department or agency shall confirm or deny the information contained in the request pertaining to the issue date, amount, and type of the permit, and shall notify the Director of Finance of its findings. If the Director of Finance is satisfied that the request was received within the sixty (60) day time limit specified hereinabove, he shall refund to the applicant his permit fee less the amount of ten per cent (10%) of the fee or Five Dollars ($5.00), whichever is greater. C. No refund for fees of Five Dollars ($5.00) or less. No refunds shall be granted for any fee equal to or below the amount of Five Dollars ($5.00). SEC. 3. PLANNING DEPARTMENT The Planning Department shall consist of a Planning Director, a Planning Commission, a Board of Adjustment and Appeals and the necessary staff. SEC. 3.01 STAFF The Planning Director shall have the power to employ such experts, assistants and clerks as may be necessary to perform the duties of the Commission and for which 2-5 appropriations and funds have been provided by the County Council. The Commissionmay incur expenses as may be necessary and proper and for which appropriations have been made by the County Council. SEC. 3.02 QUORUM; MEETINGS; RULES; OFFICE; PUBLICATION OF NOTICES The majority of the voting members of the Commission shall constitute a quorum for the transaction of business and for the exercise of the powers and authority conferred upon the Commission. All actions of the Commission shall require the affirmative vote of the majority of the members of the Commission. The Commission shall hold at least one meeting in each month and shall adopt rules for the transaction of business consistent with the laws of the State of Hawaii and the ordinances of the County of Hawaii. The Commission shall keep a record of its findings and determinations, which record shall be public record. The office of the Commission shall be in the County Building at Hilo, Hawaii, or such other place designated by the Commission with the approval of the County Council. The term "published notice," wherever used in this section means notice by publication in a daily newspaper of general CirCu- lation in the County for two (2) days (either including or excluding Sundays), the first of such publications to be at least ten (10) days prior to the date of hearing, and the second, two (2) days prior to the meeting. SEC. 3.03 GENERAL PLAN It shall be the function and duty of the Planning Director, with the approval of the County Planning Commission, to prepare a general plan for the physical development of the County of Hawaii and transmit same to the County Council for its consideration and action. The County Council shall adopt the general plan setting forth the Council's policy for the long-range, 2-6 comprehensive physical development of the County. The general plar shall include a map of the County and shall contain a statement of development objectives, standards and principles with respect to the most desirable use of land within the County for residential, recreational, agricultural, commercial, industrial and other purposes; the most desirable density of population in the several parts of the County; a system of principal thoroughfares, highways, streets and other public open spaces; the general location, relo- cation and improvement of public buildings; the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, sewers, light, power, transit and other purposes; the extent and location of public housing projects; adequate drainage facilities and control; and such other matters as may, in the Council's judgment, be beneficial to the social, economic and governmental conditions and trends and shall be designed to assure the coordinated development of the County and to promote the general welfare and prosperity of its people. Prior to submitting the general plan or any amendments thereto, the Commission shall hold a public hearing thereon at which interested persons shall be afforded a reasonable opportunity to be heard. Notice of the time and place of the hearing shall be given in the manner provided in Sec. 3.02. The general plan and all modifications thereof, shall be kept on file in the office of the Commission. SEC. 3.04 SUBDIVISION REGULATIONS The Director, with the approval of the County Planning Commission, shall prepare and submit to the County Council for its approval regulations governing the subdivision of real property in the County of Hawaii. Such regulations shall coordinate streets within subdivisions with other existing or planned streets, or with other features of the 2-7 general plan for the adequate and convenient placing of open spaces for traffic, utilities, access for fire -fighting apparatus, recreation, light and air, and for the avoidance of congestion of population, including minimum width and area of lots, and for a proper distribution of population and traffic which will tend to create conditions favorable to public health, safety and morals. All such regulations shall be enacted as ordinances of the County of Hawaii and shall be published as provided by law for the publication of ordinances. SEC. 3.05 ZONING REGULATIONS The Director, with the approval of the County Planning Commission, shall prepare and submit to the County Council for its approval, regulations to regulate and limit the height and bulk of buildings, to regulate and determine the area of yards, courts and other open spaces, and to regulate and restrict the location of trades and industries and the location of buildings designed for specific uses or creating districts for any such purposes. All such regulations shall be enacted as ordinances of the County of Hawaii and shall be published as provided by law for the publication of ordinances. The Director, with the approval of the County Planning Commission, may initiate at any time or upon application as provided in Sec. 3.06 and recommend to the County Council the adoption of an ordinance amending or repealing any zoning regulation or the enactment of a new ordinance regulating land uses after a public hearing thereon is held. Published notice of the hearing shall be given in the manner provided in Sec. 3.02. Notwithstanding the foregoing, any ordinance regulating land use and affecting lands in a redeveloprcent project area shall be amended without the necessity of a public hearing to conform to the approved redevelopment plan upon acquisition of said lands by the Hawaii Redevelopment Agency in accordance with Section 53-6, Hawaii Revised Statutes. SEC. 3.06. APPLICATION FOR CHANGES IN ORDINANCES AND FOR NEW ORDINANCES Any application for a change in any ordinance, or for any new ordinance referred to in the preceding section, may be filed with the Director by the owner or lessee holding under a recorded lease of any real estate affected by any such ordinance or to be affected by the proposed changes, upon depositing with the Director the sum of ONE HUNDRED AND N011_00 DOLLARS ($100.00) to cover all necessary cost; provided that no such application shall be considered by the Director unless 75 per cent of the persons, being the owners or lessees (the unexpired term of which is more than five (5) years from the date of filing such application) of real estate situated within a distance of 750 feet from the nearest point of the real estate owned or held by the applicant, shall join in such application. Where the Director initiates proposed changes or amendments, all owners and lessees within the area as specified above shall be notified by the Director of the proposed changes by certified mail at least ten.(10) days prior to public hearing scheduled thereon. When all the preliminary procedures have been complied with, the Director shall re`er the application to the Commission and the Commission shall consider and act upon such application by holding a public hearing thereon, 2-9 notice of which shall be given in the manner as provided in Sec. .3.02. SEC. 3.07. MISCELLANEOUS PO'liERS AND DUTIES The County Fl.anning Commission shall have the power to promote public interest in an understanding of the general plan, and to that end, may publish and distribute copies of the plan or of any reports, and may employ such other means of publicity and education, as it may determine, within the limits of its appropriation or other funds made available. The Commission shall, from time to time, and at least annually, submit reports in writing to the County Council, giving information regarding the condition of the County and any plans or proposals for the development of the County and estimates o: the cost thereof, and these reports shall contain such other suggestions and recommendations as the County ?Tanning Commission .`eels should have immediate attention. SEC. 4. DEPARTMENT OF RESEARCH AND DEVELOPMENT SEC. 4.01. INTENT The County government now renders overlapping services in the area of government participation in the economic development of Hawaii County. It is the intent of this section to consolidate and incorporate the duties of the Promoter of Activities and the Administrator of Economic Research and Development Commission, to further provide for a whole new area of governmental activities assumable under the Economic Opportunity Act and to designate specific areas of County participation so that there is greater coordination and centralization of similar functions for the funds available. 2-10 SEC. 4.02.. ORGANIZATION The Department of Research and Development of the County of Hawaii shall consist of a Director and the necessary staff. SEC. 4.03. ECONOMIC DEVELO?P4ENT COMMITTEE There shall be within the Department of Research and Development a committee designated as the Economic Development Committee, which shall sit in an advisory capacity to the Director of Research and Development on matters within the jurisdiction of the said department. Said committee shall also be the recipient of funds appropriated by the State of Hawaii for neighbor -island economic development, and for this purpose determine the mariner .in which said appropriation be expended. The committee shall consist of nine (9) members who shall be appointed by the Mayor, with the approval of the County Council, and shall. hold office for two (2) years or until their successors are appointed and qualified; provided that of the members original'_y appointed hereunder, five (5) shall be appointed for a term expiring January 1, 1968, and four (4) shall be appointed for a term expiring January 1, 1969; thereafter, every appointment shall be made for a term of two (2) years commencing from the date of the expiration of the last preceding term. Any vacancies shall be filled by appointment for the remainder of the unexpired term. The members of the committee shall serve without compensation but shall be entitled to receive reasonable traveling expenses beyond the city limns of Hilo for the attendance of meetings or for the performance of official functions of the committee. 2-11 The majority of the members of the committee shall constitute a quorum necessary for the transaction of business and for the exercise of powers and authority conferred upon the committee. The committee shall meet as many times as necessary to advise the Department of Research and Development in the performance of its functions. The committee membership shall be broadly representative of the principal social and economic interests of the County of Hawaii, and will include representatives of business, labor, agriculture, minority groups, the unemployed and underemployed. 2-12 ARTICLE 3. Departments and Heads under DirectSupervision oche Manaqrnq Director SEC. 1. DEPARTMENT OF PUBLIC WORKS SEC. 1.01 CHIEF ENGINEER There shall be a Department of Public Works which shall be headed by a Chief Engineer who shall be appointed by and may be removed by the Mayor. SEC. 1.02 DUTIES The Chief Engineer shall be charged with the supervision, direction, and control of: A. The construction, repair, maintenance, and operation of all County buildings, structures,and grounds, not otherwise delegated to any other department of the County. B. The administration and enforcement of the Building Code, Electrical Code, Housing Code, Plumbing Code, and all ordinances and statutes related to the responsi- bilities assigned to the Department of Public Works. C. The administration, control, and operation of all divisions and bureaus of the Department of Public Works and the appointment, transfer, promotion, demotion, or dismissal of all necessary personnel. SEC. 1.03 AUTHORITY The department shall have charge of and shall administer and superintend the performance of all matters relating to engineering; public and private building construction and inspection; public improvements; sewer construction and maintenance; solid waste disposal and landfill programs; construction, inspection, maintenance of public highways, bridges, streets, sidewalks; acquisition of public and private property for public purposes; design and maintenance of a system of traffic control and devices; and all other public works projects, except 2-13 for matters relating to parks and recreation and water supply. SEC. 1.04 DIVISICJS AND BUREAUS The Department of Public Works shall be divided under the Chief Engineer into the following divisions: A. Bureau of Plans and Surveys. The Bureau of Plans and Surveys is responsible for coordinating the planning, engineering, and implementation of the highway and drainage capital improvement projects, coordinating all land surveying, conducting necessary land rights acquisition, and providing construction inspectional services. B. Division of Traffic Safety and Control. The Division of Traffic Safety and Control determines the location, installs, maintains, and repairs all traffic control facilities and devices and street lighting systems; is responsible for all traffic engineering in the County; maintains a traffic education program; and is responsible for the installation, maintenance, and repair of on and off-street parking meters. C. Bureau of Building Construction and Inspection. The Bureau of Building Construction and Inspection is responsible for public building construction and inspection; plans; specifications and applications for private building and construction; plumbing, electrical and building permits; and the enforcement of all County ordinances related to building, construction and inspection. D. Bureau of Road Construction and Maintenance. The Bureau of Road Construction and Maintenance shall be responsible for the construction and maintenance of all roads, streets, 2-14 highways, footpaths, storm drains, bridges, flood channels, and certain cemeteries. E. Bureau of Sewers and Sanitation. The Bureau of Sewers and Sanitation shall be responsible for the Construction, maintenance, and operation of all sewage works and systems and solid waste disposal programs and facilities for the County of Hawaii. F. Division of Automotive Equipment and Motor Pool. The Division of Automotive Equipment and Motor Pool shall be responsible for the custody, repair and maintenance of all garage, shop, and automotive equipment of the County, except such equipment as may be more practically main- tained by the department having control thereof; furnish all parts, accessories, gasoline, lubricants and tires necessary for the repair for all automobiles, trucks, shovels, cranes, graders, sweepers, compressors, and other such machinery or equipment; and have all other duties as may be necessary to carry out its functions. SEC. 2.01 MAPS FOR HOUSE NUMBERING The Chief Engineer of the County of Hawaii or his assistant shall have power and it shall be his duty to procure a map or series of maps showing the streets, roads and lanes within the following boundaries of the District of South Hilo, County of Hawaii, to wit: Beginning at a point near Leleiwi Point whose coordinates referred to Government Triangulation Station "HALAI" being North 5887.84 feet and East 33121.25 feet, thence running by true azimuths and distances as follows: 1. 340 59' 31,600 feet to near 4 -Mile Bridge, Volcano Road, thence; 2. 900 00' 35,000 feet, thence; 3. 1800 00' 20,000 feet, thence; 2-15 4. 2340 00, 25,040 feet to Honolii Arch Bridge, thence; 5. Along the South side of Honolii River to the seashore and along the meandering seashore to the point of beginning, and containing approximately 27,085 acres of 42.3 square miles. SEC. 2.02 HOUSE NUMBERING The Chief Engineer or his assistant shall have the power and it shall be his duty to regulate the numbering of all houses and buildings in and within the boundaries of the District of South Hilo described in Sec. 1.01 of this Article 3 hereof. SEC. 2.03 ASSIGNMENT OF HOUSE NUMBERS All main entrance to buildings from streets, roads or lanes shall be numbered, and the Chief Engineer or his assistant shall assign to each house or building now or hereafter erected its proper number or numbers, and deliver free of charge to the owner or occupant a certificate designating each number and location. 2-16 SEC. 2.04. DUTY TO NUMB --R HOUSE It shall be the duty of every person or persons ovrning any house or building fronting on any street, road or lane within the boundaries of the District of South Hilo, described in Sec. 1.01 hereof, to number the same or cause the same to be numbered in accordance with the provisions of this section within thirty (30) days after receipt of a designated number or numbers from the Chief Engineer or his assistant and to remove or efface any wrong number or numbers upon such house or building, and it shall be the duty of every person or persons owning any house or building hereafter constructed or erected to apply to the Chief Enaineer or his assistant for a number therefor and to number the same within thirty (30) days after its completion. SEC. 2.05. MANNER OF NUIMBERING All numbers shall be placed in such a manner as to be readily seen from the street, road or lane; shall be of a different color from the background on which they are placed, and shall be at least 2-1/2 inches in height. The numbers shall be placed in a substantial and permanent manner, chalk or other easily effaceable material shall not be permitted. SEC. 2.06. COST OF NUMBERING All houses and buildings shall be numbered at the expense of the owner of such house or building. SEC. 2.07. ACTS PROHIBITED Any person tearing down, defacing or changing any number affixed to any house or building in accordance with the provisions of Sec. 1.04 hereof shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not less than TN✓0 AND NO/100 DOLLARS ($2.00) and not more than TEN AND NO/100 DOLLARS ($10.00). 2-17 SEC. 2.08. PENALTY Any owner of a house or building in and within the boundaries of the District of South Hilo described in Sec. 1.01 hereof, who shall neglect or refuse to number such house or building as herein provided or who shall place, maintain or allow to remain thereon any number other than that designated and directed by the Chief Engineer or his assistant, or who shall number such house or building without first obtaining a proper number from said Chief Engineer or his assistant, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be,fined not less than FIVE AND NO/].00 DOLLARS ($5.00) and not more than TWENTY-FIVE AND NO/1.00 DOLLARS ($25.00); and a further penalty of a like sum for every thirty (30) days thereafter thathe shall neglect or refuse to properly number such house or building or to efface an improper number. SEC. 2.09. STREE"7 WV,ES It shall be the duty of the Chief Engineer to have the proper names of the streets put up on all crossings as provided for by ordinance. SEC. 2.7.0. ADOPTION 0: STREET NA1,1ES Any new street that shall hereafter be opened for public use shall first have the name or names submitted to the County Council for approval and adoption by duly promulgated resolution before such name shall be declared the name o£ such street. SEC. 2.11. DIVISION OF AU1"OMOIIVE. EQUIPMEH"L AND M01"OR POOL the Division of Automotive Equipment and Motor Pool shall be under the jurisdiction of the Department of Public Works. This division shall be in the charge of a competent mechanic as superintendent thereof, who shall have supervisory power over said division and all. of its functions. 2-18 SEC. 2.12. ASSIGNMENT OF COUNTY V._l!T:CLCS All vehicles owned by the County of Hawaii shi.'be assigned to the Division of Automotive Equipment and l.�otor Pool and registered thereto or to the respective departments of this County. SEC. 2.13. DUTIES AND FUNCTIONS The Division of Automotive Equipment and Motor Pool shall: A. Provide for the maintenance and repair of all County motor vehicles, trucks, steam rollers, fire -fighting apparatus, automotive equipment, machinery, implements and tools belonging to the County of Hawaii, except such stationary machinery and office equipment as may be repaired by the department having control thereof. B. Furnish all parts, accessories, gasoline, distillate, fuel oil, lubricants and tires necessary for proper maintenance and repair under the provisions of Sec. 1 hereof. C. Have charge of such garage or places for storage or housing of County motor vehicles, trucks, steam rollers, automotive equipment, machinery, imp'_ements and tools. D. By proper method, keep a check upon the use of all motor vehicles, trucks, steam rollers and fire- fighting apparatus and all other equipment, machinery, implements and tools belonging to the County of Hawaii. E. Purchase and furnish when needed equipment required by the Department of Public Works and furnish all parts in the repair of such equipment. SEC. 2,14. VEHICLE STORAGE When not in actual service of the County of Hawaii, all motor vehicles shall be 2-19 kept in the County garage; provided, however, that the County Council may by resolution designate other places for storing or housing of motor vehicles. SEC. 2.15 REPAIRS All repairs upon any motor vehicle, truck, steam roller, fire -fighting apparatus, automotive equipment or machinery belonging to the County of Hawaii must be made at the Divison of Automotive Equipment and Motor Pool except repairs made in an emergency; provided, however, that when unusual. circumstances may so warrant, the superintendent of the Division of Automotive Equipment and Motor Pool may order that repairs may be made elsewhere. SEC. 2..16. RENTAL OF MOTOR POOL VEHICLES AND EQUIPMENT Whenever any County motor vehicle, truck, fire -fighting apparatus, steam roller, automotive equipment, machinery, implement or tool, which is assigned to the Division of Automotive Equipment and Motor Pool, is t'o be rented to a County department or agency, a proper charge shall be made against such department or agency for the use of the same in accordance with a schedule of rates. SEC. 2.17. SCHEDULE OF RATES On or before June 30 of each year the superintendent shall establish a schedule of rates subject to the approval of the County Council, which shall consist of rates chargeable against a department for the use of vehicles, automotive equipment, machinery, implements or tools. The rates shall be determined on the basis of cost. All passenger automobiles shall be charged on the basis of actual mileage traveled or a minimum charge, whichever is greater. The current rate schedule is as follows: 2-20 SCHEDULE OF RA"IES AUTOMOTIVE EQUIPMENT A:QD MOTOR POOL DESCRIPTION RATES Passenger Vehicles - Sedans, Station Wagons, Jeeps, Coupe, Etc. $ .12 per mile Light Trucks - Up to 1 -ton Pickups, .12 per mile or Panels, Canopy, Etc. 1.00 per hour (Higher o: the two) Flatbed Trucks - Over 1 -ton Stake Body, Etc. 1.50 per hour Dump Trucks - Under 4 cubic yards 1.50 per hour 5 to 6 cubic yards 2.00 per hour Boom Truck 1.50 per hour Bitumul Truck 2.00 per hour Service Truck - 600 -gal. capacity 1.50 per hour Hand Power Flower - 18 -inch to 21 -inch blade .50 per hour Power Mower - 25 -inch blade .75 per hour Chain Power Saw (All sizes) 1.50 per hour Cement Mixers (All types) 1.50 per hour Traffic Painting. Machine .50 per hour Road Impactor .50 per hour Concrete Cutter 1.50 per hour Electric Welders 1.50 per hour 105 Compressor (All types) 1.50 per hour 315 Compressor 3.00 per hour 500 Compressor 4.00 per hour Tractor Mowers (All types) 1.50 per hour Tank Trucks - 1,000 gals. and over 2.00 per hour Tank Trailer - 500 to 1,000 gals. 1.00 per hour Over 1,000 gals. 1.50 per hour 1/2 cubic yard Payloader 2.00 per hour 2-21 1-1/4 cubic yards Pay'_oader 4.00 per hour 2 cubic yards Payloader w/Back Hoe 5.00 per hour Road Rollers - 3 tons Portable 1.50 per hour 5 - 8 tons Tandem 3.00 per hour 10 - 1.2 tons 3.00 per hour Street Sweeper 4.00 per hour Road Grader 4.00 per hour Truck -Crane 25.00 per hour Truck -Tractor - Up to 5 tons 3.00 per hour With Low Bed Trailer 6.00 per hour Power Shovel (All sizes) 6.00 per hour Bulldozer, RD -4 3.00 per hour Bulldozer, D-7 4.00 per hour Bulldozer, D-8 5.00 per hour Tank Truck w/Pump for Poisoning 1,500 gals. 2.00 per hour 1,300 gals. 2.00 per hour SEC. 2.18. ROOKS The business manager of the Department of Public Works shall keep the books for the Divishn of Automotive Equipment and Motor Pool. It shall be the duty of the superintendent to furnish the business manager with information concerning the operation of his division in order that proper charges may be made against the proper department and fund for the cost of the service rendered by the Division of Automotive Equipment and Motor Pool. SEC. 2.19. REVOLVING FUND FOR MOTOR POOL The sum of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00) having' been appropriated from the Highway Fund of the County of Hawaii, constitutes the Motor Pool Revolving Fund, from which fund the Division of Automotive Equipment and Motor Pool shall pay for all materials, supplies and equipment aforementioned 2-22 in subsections B and E of Sec. 1.13 hereof, and for all service=_ performed in said Motor Pool.. The superintendent shall file claims with the County Council against the respective departments for all materials and supplies necessary for repairs and maintenance performed upon any department's vehicles or equipment, and for rentals made to the several departments. Payments made upon such claims shall be deemed reappropriated to the Motor Pool Revolving Fund. SEC. 3. DEPARTMENT OF PARFS AND RECREATION SEC. 3.01. AUTHORITY The Department of Parks and Recreation shall have charge of and shall administer, supervise and maintain all public parks, recreational facilities and playgrounds in the County of Hawaii, owned by said County or in its possession or control, together with all equipment, supplies and paraphernalia used in connection with the same. The Department is authorized and empowered to care for the recreational needs in the County of Hawaii and provide such organized and supervised games and recreation as shall be conducive to the mental, physical and moral development of the people of the County. Wherever and whenever feasible, the Department shall use public school. property and buildings by agreement with the State Department of Education to the extent that such property and buildings may be adaptable and available for use in recreational programs and purposes. SEC. 3.02. DIRECTOR The Parks and Recreation Director shall be appointed by the Mayor and may be removed by the Mayor. He shall be vested with, and have, enjoy, 2-23 perform and be subject to, all the powers, duties and functions and liabilities conferred or imposed upon the Department by ordinance. SEC. 3.03. DEPUTY DIRECTOR The Deputy Director of the Department of Parks and Recreation shall be appointed by the Director and may be removed by the Director. SEC. 3.04. FULL-TIME. EMPLOYEES The Director shall employ such full-time employees including professional, clerical and others, subject to the availability of appropriated funds, as may be necessary to carry out the provisions of this section. Full-time employees of the Department shall be employed in accordance with the Civil Service and Compensation laws. SEC. 3.05. PART-TIME AND TEMPORARY EMPLOYEES The Director is empowered to appoint, promote, demote and terminate the employment and fix the salaries and wages of such part-time or temporary personnel as are necessary to carry out the purposes of this section. SEC. 3.06. COOPERATION WITH OTHER AGENCIES, ETC. The Department, in the planning, development and conduct of its program of public recreation and in scheduling the use of publicly -owned lands or buildings for the conduct of its programs, shall cooperate to the fullesi extent possible with all. other duly recognized and generally accepted agencies, groups and organizations who may desire to use the said lands or buildings. SEC. 3.07. CHARGES AND FEES The Department of Parks and Recreation may charge and collect reasonable fees and charges for the use of parks and recreational grounds, 2-24 facilities and equipment and for special licenses, permits, concessions and admissions in accordance with duly promulgated rules and regulations. SEC. 3.03. RULES AND REGULATIONS; PENALTIES The Director is authorized to adopt reasonable rules and regulations as he may deem necessary for the conduct of the Department's business as authorized and prescribed, including rules and regulations for fees and charges, special licenses, permits, concessions and admissions for the use of parks and recreational grounds, facilities and equipment, and for the conduct of all persons while on or using parks and recreational grounds. All rules and regulations shall be promulgated in accordance with the Administrative Procedures Act, Hawaii Revised Statutes, Chapter 91, and the Hawaii County Charter, Section 13-1, and shall have the force and effect of law. Any person who shall violate any such rule or regulation shall, upon conviction, be fined not more than the sum of TWO-HUNDREL FIFTY AND NO/100 DOLLARS ($250.00). Prosecution in such case shall be as provided by law for the prosecution of misdemeanors. SEC. 4. RESERVED SEC. 5. FIRE DEPARTMENT SEC. 5.01. CREATION OF VOLUNTEER FIRE DEPAHTM1ENT There is created and established for and within the County of Hawaii a department to be known as the Hawaii Volunteer Fire Department to train volunteers in the prevention of fires and to aid in the control of fires. The department shall have its principal office in the Hilo Fire Station. 2-25 SEC. 5.02. HEAD The Chief Engineer of the Hawaii Fire Department, County of Hawaii, shallbe the head of said department. The head shall be vested with the management and control of the affairs,. personnel and property of the department, subject to the general authority and control of the County Council. He shall, with the consent and approval of the County Council, make expenditures of moneys appropriated by the Council for the department. He shall. not contract any debt on behalf o` the department, nor dispose of any property belonging to the same without the consent of the Council. He shall make periodic reports to the Council concerning the affairs and activities of the department. In addition thereto, he shall perform and discharge such other duties as may be assigned to him by Sec. 4 hereof or by the County Council. SEC. 5.03. OTHER PERSONNEL The County Council may provide for the appointment of such other personnel as it may deem necessary to carry out the intents and purposes of this section, and all such appointees shall be paid such monthly salaries as may be fixed in accordance with the provisions of the classification laws. SEC. 5.04. VOLUNTEER PERSONNEL The table of organization of the department shall be patterned as closely as is practicable to that of the Hawaii Fire Department. The head shall appoint, with the approval of the County Council., such volunteer personnel as he may deem necessary to fill the membership of the department. The qualifications for member- ship shall be as prescribed by the rules and regulations governing the conduct of the department. 'These rules and regulations shall be formulated by the head and shall be presented to the County Council for its approval. 2-26 SEC. 5. 05. TRAVEL ALLO'NANCES FOR VOLUNTEER PERSONNEL All volunteer personnel residing in a district other than the district where a fire occurs and who are duly authorized to participate and aid in the control of said fire or fires shall be paid traveling expenses at the rate of 20 cents for each mile actually and necessarily traveled, in going only. SEC. 5.06. COORDINATION OF A.C'IIVITIES In the event of a fire occurring at any place within the County of Hawaii, the head shall place the personnel of this department under the direction and control of the Hawaii Fire Department, County of Ha:oaii, which may utilize the service of the personnel . of the department to the fullest extent to aid in bringing such fire under control and to perform such other duties as may be necessary to provide for the maximum safety of the inhabitants of the area threatened by such conflagration. SEC. 5.07. COOPERATIVE USE OF FIRE -FIGHTING A.PPARAIl1S AND FACILITIES Such fire -fighting apparatus and facilities of the Hawaii Fire Department, County of Hawaii, necessary to carry out the purpose of this section shall be made available to the Volunteer Fire Department when the Chief Engineer, Hawaii Fire Department, County of Hawaii, is satisfied that . the efficiency of his department is not seriously impaired thereby. SEC. 5.08. BENEFITS All persons who are members of the Hawaii Volunteer Fire Department while engaged in the training of and in the performance of volunteer fire fighting shall be entitled to benefits as provided by this section. SEC. 5.09. EXTE.N:i OF COVERAGE In case of injury or death arising out of and in the performance of volunteer 2-27 fire fighting or training, all persons included in Sec. 4.03 hereof shall be entitled to benefits as prescribed by Chapter 386, Hawaii Revised Statutes. No person shall be excluded from receiving such benefits by reason of being an elected official., employer or having an occupation which is excluded from coverage under said Chapter 386, Hawaii Revised Statutes. SEC. 5.10. COMPUTATION 07 WAGES For the purposes of such benefits, average weekly wages or earnings shallbe computed from the usual employment or occupation of such person upon the basis set forth in Chapter 336, Hawaii Revised Statutes, Section 356-51, or upon the basis of earnings at the rate of $20.00 per week, whichever is most favorable to the claimant or claimants. SEC. 5.11. OTHER VOLUNTEERS All other persons not members of the Hawaii Volunteer Fire Department who volunteer their services at fires and whose services are accepted by authorized persons and whose injuries or death arise out of and in the performance of volunteer fire fighting shall be paid their reasonable hospitaland medical expenses as authorized by Section 336-171, Hawaii Revised Statutes, and funeral expenses not to exceed "THREE F.UNDRED AND N0/100 DOLLARS ($300.00). Authorized persons as used in this section shall mean such persons in the Hawaii Pire Department or Hawaii Volunteer Fire Department who are supervising or directing the fire -fighting operations. ME ARTICLE 4. Departments and Administrative Heads Under Commissions and Administrative Supervision of the Mayor SEC. 1. .(Reserved) SEC. 2. POLICE DEPARTMENT SEC. 2.01 POUND There is hereby established a pound for the County of Hawaii for the impounding of and disposition of unlicensed, lost, stray, homeless or diseased dogs, for the destruction or other disposition of seized dogs, not redeemed, as provided by Chapter 143, Hawaii Revised Statutes, and any subsequent legislation amendatory thereto, and for sheltering and disposing of lost, unclaimed, stray, homeless or diseased cats and other small animals. SEC. 2.02 HEAD The pound shall be under the direction, control and administration of the Hawaii Police Department, and for such purposes, the Chief of Police or any of his designated subordinates is hereby designated as the chief dog warden. He or his designated subordinates is empowered to make all reasonable rules and regulations for the efficient management of the pound. SEC. 2.03 STAFF The pound shall be staffed and manned by a sufficient number of dog wardens, to be employed pursuant to the provisions of Chapter 76, Hawaii Revised Statutes, who shall have powers of a police officer while carrying out the provisions of Chapter 143, Hawaii Revised Statutes, and any subsequent legislation amendatory thereto, pertaining to the regulation of dogs. SEC. 2..04 DOG WARDENS The dog wardens: A. Shall enforce and comply with the provisions contained in Chapter, 143, Hawaii Revised Statutes, 2-29 and any other subsequent legislation amendatory thereto, pertaining to the regulation of dogs, B. May seize and impound any stray or diseased cats and dicoose of them in the same method or fashion as provided in Chapter 143, Hawaii Revised Statutes, and any subsequent legislation amendatory thereto, pertaining to the disposition of stray or diseased dogs, C. Shall care for, feed and look after dogs, cats and other small animals in its custody. SEC. 2.05. FINANCIAL AID 70 PARENTS OF JUNIOR POLICE Upon the contingencies and conditions hereinbelow set forth, the parents, or the parent, guardian or custodian of any member of the Junior Police of the County of Hawaii, shall. be entitled to financial aid in the manner specified: A. In the event that a member of the Junior police Officers of the County of Hawaii receives any injury arising out of and in the course of the performance of his duties as a Junior Police Officer directing traffic in the County of Hawaii, including but not limited to the preparation to go on duty such as changing into uniform or procuring necessary equipment, as well as returning such equipment, the County o Hawaii shall pay for the cost of necessary medical care and hospitalization of any such member of the Junior Police Officers of the County of Hawaii so injured, but in any case not to exceed the sum of 1EN THOUSAND AND NO/100 DOLLARS ($10,000.00). 2-30 B . In the event that a member of the Junior Police Officers of the County of Hawaii receives any injury resulting in death arising out of and in the course of the performance of his duties as a Junior Police Officer directing traffic in the County of Hawaii, including but not limited to the preparation to go on duty such as changing into uniform or procuring necessary equipment, as well as returning such equipment, the County of Hawaii shall pay for his funeral expenses, but in any case not to exceed the sun of SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($750.00). SEC. 2.06. PROCEDURE Every injury shall. be reported immediately or soon thereafter as practicable by the injured Junior Police Officer, or the Junior Police Officer in charge or the parents or guardian of the injured Junior Police Officer to the school authorities in charge of the Junior Police Officers and the police department; the police department shall conduct an investigation and submit a report of the circumstances surrounding the injury or death and the resulting claims to the Mayor. Where the services of a county physician are available, his services shall be utilized. 2-31 ARTICLE S Agencies and Administra Civ- Fearls under Administrative Suoervis ion of Ma,�o x. Un,ess Expressly Excepted _ SEC. 1. CIVIL DEFENSE AGENCY SEC. 1.01. POLICY AND PURPOSES Because of the possibility of disasters or emergencies of great destructiveness resulting from enemy attack, sabotage or other hostile action, or from fire, flood, tidalwave, volcanic eruption, earthquake or other natural causes, and in order to insure that preparations of this County will be adequate to deal with such disasters or emergencies, to make adequate provision against shortages of food supplies and essential commodities, to maintain the strength, resources and economic life of the community and provide for prompt and effective action, to promote the national defense and civil defense in cooperation with the State and Federal governments and to protect the public health, safety and welfare, the provisions of this section are hereby found and declared to be necessary. SEC. 1.02. COUNCY CIVIL DEFENSE AGENCY There is hereby created a County Civil Defense Agency which shall perform civil defense functions within the County of Hawaii, and in addition, shall conduct such functions outside the County as may be required pursuant to the provisions of Chapter 128, Hawaii Revised Statutes (Civil Defense Emergency Act). The head of the County Civil. Defense Agency shall be a deputy director who shall. be appointed by the director of the State Civil Defense Agency with the approval of the County Council and may be removed by the state director. 2-32 A full-time civil defense administrator shall be the chief administrative assistant to the deputy director and shall, in the absence or the deputy director or within the delegated scope of authority, have all the duties and responsibilities of the deputy director. The deputy director shall appoint the civil defense administrator in accordance with the merit system and his appointment shall be approved by the state director. SEC. 1..03. DUTIES OF TI'.E DEPUTY DIRECTOR The deputy director shall have direct responsibility for the organization, administration and operation of the Civil. Defense Agency in the County. It shall be the duty of the deputy director to coordinate the activities of all organizations for civil defense within the County, public or private, and shall maintain liaison with and cooperate to the fullest extent with the state director to insure that the pians and programs of the County with respect to relief and general welfare of the people in the event of a disaster or emercency are fully integrated with the plans and programs of the State and Federal governments. Such plans and programs shall be prepared by the deputy director and transmitted to the County Council for approval and shall be reviewed by the deputy director and resubmitted to the County Council for approval before the 31st day of March of each year thereafter. SEC. 1.04. UTILIZATION OF EXISTING GOVERfD!FNT SERVICES All County departments, agencies and officers shall cooperate with and extend their services, materials and facilities to the County Civil Defense Agency as may be requested by the deputy director. 2-33 ARTICLE 6. (Reserved) 2-34 ARTICLE 7. (Reserved) 2-35 ARTICLE B. Code of Ethics SEC. 1. PURPOSES The purposes of this article are (a) to prescribe standards of conduct for the guidance of County officers and employees; (b) to prohibit certain conduct involving County officers and employees; and (c) to set forth the procedure for the interpretation of ethics problems of County officers and employees. SEC. 2. CONSTRUCTION This article shall be liberally construed to promote high standards of ethical conduct in County government. SEC. 3. APPLICABILITY This article shall opply to every officer or employee of the County. In addition, for purposes of this article, any person nominated for elected office or a000inted but not confirmed as administrative head of any agency or as a member of anv board or commission shall be considered an officer. SEC. 4. 1 DEFINITIONS As used in this article: A. "Board" means the Board of Ethics. B. "Employee" means any person, except an officer, employed by the County or any agency thereof but the term shall not include an independent contractor. C. "Officer" includes the following: 1. Mayor and members of the Council. 2. Any person elected or appointed as administrative head of any agency of the County or appointed as a member of any board or commission provided for in the Charter. 3. Any person appointed by a board or commission as the administrative head of any agency of the County. 2-36 4. Deputy, assistant or division chief appointed by the administrative head of any agency of the County. 5. Assistant or deputies of the Corporacion Counsel and Prosecuting Attorney. D. "Compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another. SEC. 5. STANDARDS OF CONDUCT A. No officer or employee shall solicit, accept or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertain- ment, hospitality, thing or promise, or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence him in the performance of his official duties or is intended as a reward for any official act -on on his part. B. No officer or employee shall use or attempt to use his official position to secure or grant unwarranted privileges, exemptions, advantages, contracts or treatment, for himself or others. C. No officer or employee shall disclose confidential information gained by reason of his official position or use such information for the personalgain or benefit of himself or anyone else. D. No officer or employee shall engage in any business, transaction or activity or have a financial interest, 2-37 direct or indirect, which right reasonably tend to be incompatible with the proper discharge of his official duties or to impair his independence of judgment in the performance of h_s official duties, or use such information for his personal gain or for the benefit of anyone. E. No officer or employee shall receive any compensation for his services as an officer or employee of the County from any source other than the County, except as otherwise provided by this artic_e. F. No officer or employee shall appear in behalf of private interests for compensation before any agency of the County other than a court of law, nor represent private interests in any action or proceeding against the interest of the County in any litigation to which the County is a party. An officer serving the County vdithout compensation, however, may appear for compensation in behalf of private interests before County agencies other than the one on which he serves and other than those agencies that have the power to review the actions_ of the agency on which he serves, or to act on the same subject matter as the agency on which he serves. G. No officer or employee shall accept a retainer, compensation or election campaign contribution that is contingent upon action by a County agency. SEC. 6. DISCLOSURE OF INTEREST It shall be incumbent within twenty (20) days upon hiring, appointment or election for all employees or officers of the County to: A. Make full disclosure in writing to his appointing authority or to the Council in the case of an elective NWH officer, the possession or acquisition. of any interests, financialor otherwise is might reasonably tend to create a conflict with the public interest. Any member of the Councii who knows that be has a personal interest, direct or indirect, in any action proposed or pending before the Councilshall immediately disclose such interest. B. File a copy of such disclosure with the County Clerk which shallbecome a matter of public record. SEC. 7. CONDUCT OF OFFICERS AND EMPLOYEES 041icers and employees of the County, while dischargng their duties and dealing with the public, shall adhere to the following precepts: A. All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent. B. No person in a supervisory capacity shallengage in personal or business relationships with subordinates which might intimidate said subordinates in the discharge of their official duties. C. All persons shall be treated in a courteous, fair and impartial manner. SEC. 8. RULES OF PROCEDURE SEC. 8.01. OPINIONS A. Informal Advisory Opinion on Inquirer's Conduct. Any County officer or employee may petition the Board for an informal advisory opinion on his own conduct by writing to the Board. This opinion shall be informal in nature and all proceedings involving the investigation and deliberation of such inquiry sha '_l, 2-39 upon the request of the County officer or employee involved, be confidential. The petition shall be submitted in duplicate and shall contain: 1. The name, address and telephone number of the petitioner. 2. A statement of the nature of petitioner's interest including reasons for the submission of the petition. 3. The specific provision of the Code of Ethics in question. 4. A complete statement of facts. 5. A statement of the position or contention of the petitioner. 6. A memorandum of authorities, containing a full discussion of the reasons in support of such position or contention. Any petition which does not substantially comply with the foregoing requirements may be rejected. In addition, the Board may, for good cause, reject any petition. Upon receipt of the petition, the Board, through its Chairman, shall notify the County officer or employee involved and shall request of him a statement indicating whether or not he wishes a closed hearing. Upon receipt of the petition, the Board may investigate the matter on a confidential basis. The officer or employee involved shall comply with the confidential informal advisory opinion. B. Informal Advisory Opinion on Alleged Conduct of Someone Other than Inquirer. Any interested person or the Board itself may petition the Board for an advisory 2-40 opinion on an alleged violation of the Code of Ethics by an officer or employee. This opinion shall be informal in nature and all proceedings involving the investigation and deliberation of such inquiry shall, upon the request of the County officer or employee involved, be confidential. The petition shall be submitted in duplicate and shall contain: 1. The name, address and telephone number of the petitioner. 2. A statement of the nature of petitioner's interest including reasons for the submission of the petition. 3. The specific provision of the Code of Ethics in question. 4. A complete statement of facts. 5. A statement of the position or contention of the petitioner. 6. A memorandum of authorities, containing a full discussion of the reasons in support of such position or contention. Any petition which does not substantially comply with the foregoing requirements may be rejected. In addition, the Board may, for good cause, reject any petition. Upon receipt of the petition, the Board, through its Chairman, shall notify the County officer or employee involved and shall request of him a statement indicating whether or not he wishes a closed hearing. Upon receipt of the petition, the Board shall notify the officer or employee against whom a charge is received and afford him an opportunity to explain the conduct 2-41 alleged to be in violation of this article. The Board may investigate, after compliance with this section, such charges and render a confidential, informal advisory opinion on the alleged conduct. The Board shall investigate all charges on a confidential basis, having available all the powers herein provided, and all proceedings at this stage shall be confidential and shall not be public. The officer or employee involved shall comply with the confidential informal advisory opinion. C. Formal Opinion on Alleged Conduct of Someone Other than Inquirer. If the officer or employee fails to comply with the informal advisory opinion mentioned in subsection B above, the Board may, in its discretion, institute proceedings for a formal opinion. It may institute such proceedings by serving a copy of the charge and a further statement of the alleged violation by certified mail upon the alleged violator. He shall have twenty (20) days after service thereof to respond in writing to the charge and statement. The Board shall set a time and place for a hearing, giving notice to the complainant and the alleged violator. All parties shall have an opportunity (1) to be heard, (2) to subpoena witnesses and require the production of any books or papers relative to the proceedings, (3) to be represented by counsel, and (4) to have the right of cross-examination. All witnesses shall testify under oath and the hearings shall be closed to the public upon the request of the County officer or employee involved, for closed hearing. The Board shall not be bound by the strict rules of evidence but the Board's findings must be based 2-42 upon competent and substantial evidence. All testimony and other evidence taken at the hearing shall be recorded. Copies of transcripts of such record shall be available only to the complainant and the alleged violator at their own expense, and the fees therefor shall be deposited in the County's General Fund. Prior to any hearing, the Board, through its Chairman, shall notify the County officer or employee involved and shall request of him a statement indicating whether or not he wishes a closed hearing. After the hearing the Board shall issue a Formal Opinion on the alleged conduct which shall be given to the alleged violator. A decision of the Board pertaining to the conduct of any officer or employee shall be in writing and signed by three or more of the members of the Board. SEC. 8.02 DISPOSITION AFTER ISSUANCE OF FORMAL OPINION A. With respect to officers removable only by impeachment, if there is no compliance of a Formal Opinion issued against an officer removable only by impeachment, the Board shall issue a complaint and refer the matter to the Council. The complaint must contain a statement of the facts alleged to constitute the violation. If within thirty (30) days after the referral the Council has neither formally declared that the charges contained in the complaint are not substantial nor instituted hearings on the complaint, the Board shall make public the nature of the charges but it shall make clear that the merits of the charges have never been formally determined. B. With respect to employees and officers other than officers removable only by impeachment, if there is no compliance of a Formal Opinion against an employee 2-43 and officer other than an officer removable only by impeachment, the Roard shall issue a complaint and refer the matter to the appointing authority having the power to discipline the employee. The complaint must contain a statement of the facts alleged to constitute the viola -tion. Hearings shall be in accordance with Chapter 91, Hawaii Revised Statutes, except that every hearing shall be private, and no record of the proceedings shall be released to the public prior to its conclusion. Judicial review of decisions, orders and rulings adverse to the employee shall be in accordance with Chapter 91., Hawaii Revised Statutes. If it is found that no violation has occurred, the appointing authority shall not make the record of the proceedings public. if it is found that a violation has occurred, the appointing authority may make its findings and the record of the proceedings public, taking into account the seriousness of the violation. SEC. 8.03. PENALTIES In addition to any other powers the appointing authority may have to discipline employees, the appointing authority may reprimand, put on probation, demote, suspend or d-_scharge an employee found to have violated the standards of this article. SEC. 8.04. COOPERATION The commission may request and shall receive from every department, division, board, bureau, commission or other agency of the County cooperation and assistance in the performance of its duties. In addition, 2-44 if the Board's decision requires action by any agency, the Board may request that such agency report its action within thirty (30) days from the date of the request for action. SEC. 9. CONFIDENTIALITY Any Board member,including the individual making the charge, who divulges information concerning the charge prior to the issuance of the complaint by the Board mentioned in Sec. £3.02-A and Sec. 8.02-B or if the investigation discloses that the complaint should not be issued by the Board, at any time divulges any information concerning, the original charge, or divulges the contents or disclosures except as permitted by the Board, shall be guilty of a misdemeanor which shall be punishable by a fine of not more than FIVE HUNDRED AND N0,100 DOLLARS ($500.00). If a Board member is in violation of this section, he may be subject to dismissal from this Board. 'This prohibition shall not apply to meetings open to the public. 2-45 ARTICLE 9. (Reserved) Nmr, ARTICLE 10. Miscellaneous SEC. 1. ISSUANCE OF COMMISSIONS Whenever any ordinance of the County of Hawaii shall authorize the issuance of a commission for the appointment of any officer within the County, such commission shall be filed in the office of the County Clerk who shall furnish certified copies to persons thereto entitled. The commissions so issued shall be sole evidence of the appointment of the officers for whom they are issued. SEC. 2. SUBPOENAS SEC, 2.01 ISSUANCE OF SUBPOENAS Power and authority shall be and is hereby given, created and vested in and to the Chairman of the Council of the County of Hawaii, when counter- signed by the Clerk and over the Seal of the County of Hawaii duly affixed, to summon or to subpoena persons to appear before the Council of the County of.Hawaii, upon the request in writing of and by parties interested in said matter then pending before the Council of the County of Hawaii, State of Hawaii, to the County Clerk, or to the Chairman of the Council of the County of Hawaii, stating that said persons are necessary and needed for the full understanding and legal determination of such said matters before the said Council. 2-47 SEC. 2.02 COMPENSATION FOR ATTENDANCE The person or persons so summoned shall receive and be paid out of and from the General Fund of the County of Hawaii, upon claims duly certified as by ordinance provided and regulated, the rate of ten (10) cents a mile, going and coming, and One Dollar ($1.00) a day during actual attendance before the Council of the County of Hawaii. SEC. 2.03 PENALTY Whosoever shall fail to appear and attend and otherwise violate Sections 2.01 and 2.02 hereof shall be fined in a sum not exceeding One Hundred Dollars ($100.00) at the discretion of the District Magistrate, SEC. 3. Councilman (each) .............................. BONDS OF OFFICIALS Prosecuting Attorney ........................... 20,000 Director of Finance ............................ SEC. 3.01 20,000 AMOUNTS OF BONDS In accordance with the provisions of Section 13-6 of the Charter of the County of Hawaii, bonds in the following amounts shall be furnished by the officers and employees hereinafter named: Officers and Employees Bonds Mayor ...........................................$ 25,000 Councilman (each) .............................. 10,000 Prosecuting Attorney ........................... 20,000 Director of Finance ............................ 25,000 Corporation Counsel ............................ 20,000 Deputy Director of Finance ..................... 20,000 Controller ..................................... 20,000 Treasurer ...................................... 20,000 Purchasing Agent ............................... 10,000 Cashier ........................................ 10,000 County Clerk ................................... 15,000 SEC. 3.02 FILING OF BONDS Officers and employees of the legislative branch shall file their bonds with the County Clerk. E' Officers and employees of the executive branch shall file their bonds with the Director of Finance. SEC, 3.03 PAYMENT OF PREMIUMS The premium on the bonds shall be paid by the County. SEC. 4. TRAVEL AND OTHER EXPENSES SEC. 4.01 ENTITLfMF.NT All officers and employees of the County shall be entitled to travel and other necessary expenses connected with the performance of their official duties in accordance with the provisions of this article and subject to procedures prescribed by the Director of Finance and approved by the Mayor and the County Council. SEC. 4.02 TRAVEL ALLOWANCE A per diem allowance is a specific allowance of money made available each day to cover personal expenditures incident to travel. It is not intended to include fares for transportation nor expenditures relating to the conduct of official business. SEC. 4.03 REPORT UPON COMPLETION OF TRAVEL The officer or employee shall file a certified statement setting forth the time of absence and expenses incurred, and a narrative report, in cases of out-of-state trips, within a specified time. SEC. 4.04 COMPENSATION FOR USE OF PRIVATE AUTOMOBILE A. MILEAGE ALLOWANCE , A department head may authorize any officer or employee over whom he has administrative supervision to use privately -owned automobiles on official business on a mileage allowance basis when RM publicly -owned vehicles are not available or are not in satisfactory condition or are impractical to use. B. FLAT MONTHLY ALLOWANCE A department head may authorize payment of monthly automobile allowance to any officer or employee over whom he has administrative supervision for the regular use of a privately -owned automobile, with the approval of the Mayor. SEC. 5. VIOLATIONS OF COUNTY CHARTER SEC. 5.01 DEFINITIONS For purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. A. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. B. "Intentionally" shall mean purposely or knowingly and wilfully. SEC. 5.02 VIOLATIONS OF CHARTER; PENALTIES Any person who intentionally fails to exercise his duties and responsibilities as expressed in the Charter of the County of Hawaii, or to heed the prohibitions provided for therein, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a term not exceeding six (6) months, or by both such fine and imprisonment. 2-50 SEC. 5.03 P:XCLUSION The provisions of the above section shall not apply to Sections 14-1 to 14-4, inclusive, of Article XIV of. the County Charter. SEC. 6. FEE SCHEDULE FOR PUBLIC RECORDS SEC. 6.01 CHARGES FOR EXTRACTS AND CERTIFIED COPIES OF PUBLIC RECORDS Except as otherwise provided, a copy or extract of any public document or record which is open to inspection of the public shall be furnished to any person applying for the same by the public officer having custody or control thereof pursuant to the following schedule of fees: A. Duplicated copy of any record (by duplicating machines, including, but not limited to, microfilm printer, Thermofax, Verifax, Xerox, etc.) For the first page of each document or record .............................$ 50 Each additional page or copy thereof .. .25 B. Abstract of information from public record First page ............................ 1.00 Each additional page .................. .50 Each additional page copy ............. .25 C. Ordinances and Resolutions 1 - 20 pages 50 21 - 50 pages 75 51 and over pages 1.00 D. Typewritten copy of any record Per 100 words or fraction thereof ..... 1.00 2-51 E. Copy of map, plan, diagram Sheet sizes of 8 1/2" x 13" to 10" x 15" ............................$ .50 Sheet sizes over 10" x 15" to 22" x 36" ............................ 1.00 Larger than 22" x 36" size; per square foot ...................... Prevailing commercial rate F. Photograph For use of negative only .............. 1.00 G. County Clerk's Certificate of Voter Registration ....................... .50 H. Voter Registration Lists (in printed forms as may be available) ............... 1.00 each precinct (500 and over) .50 each precinct (499 and less) 1st, 3rd, 4th and 5th Representative. Districts ................................ 5.00 per district 2nd Representative District 10.00 I. Certified statement attesting to veracity of information obtained from public records Per 100 words of statement or fraction thereof ..................... 1.00 J. Certification by public officer or employee as to. correctness (or in attestation that document is a true copy) of any document, including maps, plans and diagrams Per page 50 2-52 SEC. 6.02 CHARGES FOR PUBLICATIONS A. Charges for publications shall be based on cost, including reproduction costs, mailing and other handling charges attributable to making the publication available to the public. B. The term "publications" refers to copies of documents which are reproduced on a volume basis for general distribution and shall include, but not be limited to, such items as: ordinances, engineering and construction standards, directories, manuals, and handbooks. The term "publications" shall not apply to resolutions or bills pending final adoption or enactment into ordinance by the County Council. SEC. 6.03 APPLICABILITY The fees established in this section shall have no application to the furnishing of copies or extracts of public documents or records for which fees have been established by statutory provisions where -such statutory provisions have not been superseded. SEC. 6.04 EXEMPTION FROM PAYMENT OF FEES AND CHARGES A. The following agencies and organizations may be exempted from the payment of fees established in this section, as well as charges to cover mailing and other handling costs by the public officer having custody or control of the records involved: 1. Government agencies requiring the records or publications for official purposes; 2-53 2. Non-profit organizations directly concerned .with the matter involved in the records or publications provided, however, that exemption from payment of fees and/or charges shall be limited to one copy or one set of such records or publications; 3. News media; provided, however., that exemption from payment of fees and/or charges shall be limited to one copy or one set of such records or publications; 4. Organizations which have arranged reciprocal agreement with a County agency for mutual exchange of records and publications. B. The Mayor may waive fees and/or charges for the following: 1. Educational materials necessary for carrying out an agency program; or 2. Distribution of records and publications when such distribution is of benefit and interest to the County; or 3. Records or publications required by a student engaged in studying County operations as part of his school assignment; provided, however, that exemption from payment of fees and/or charges shall be limited to one copy or one set of such records or publications. 2-54 C. Political parties shall be furnished without charge, three copies of the voter registration lists of all precincts. Candidates who have filed for public elective offices shall be furnished, without charge, one copy of such current voter registration lists as may be requested by the candidate, provided that such lists are available for distribution. Additional copies in excess of the number to be furnished without charge as hereinabove stated shall be furnished upon payment of the fees specified in said section. SEC. 6.05 MAYOR TO ADMINISTER The provisions of this section shall be administered by the Mayor and he shall be authorized to determine the specific organizations and agencies which shall be dxempt from the payment of fees for public records and charges for publications, and to determine the specific records and/or publications for which no fees or charges shall be required. SEC. 7. COUNTY VEHICLE TAXES SEC. 7.01 AMOUNT OF TAX Except as otherwise provided in Section 249-11, Hawaii Revised Statutes, all vehicles and motor vehicles, as defined in Section 249-1, Hawaii Revised Statutes, located in the County of Hawaii at the time of registration shall be subject to an annual tax computed according to the net weight of each vehicle in the manner hereinafter provided, to be paid by the owners thereof, which tax shall be 2-55 collected by the Director of finance of the County of Hawaii or his authorized agent and shall become due and payable on January 1 and must be paid before April 1, in each year; provided that in the event any vehicle is transported into this County after the payment of tax, no additional tax shall be imposed on such vehicle for the remaining period of the year for which such tax had been paid: A. Motor vehicles designed solely for carrying passengers (which classification shall include automobiles, buses, ambulances and hearses) one-half of a cent per pound of such net weight. B. Motor vehicles and other vehicles designed for carrying property or for purposesotherthan the carriage of passengers (including trucks, truck tractors and road tractors, trailers and semi -trailers) one cent per pound of such net weight; provided, that in no case shall a tax assessed and collected for any motor vehicle or other vehicle by reason of this section be less than Six Dollars ($6.00). SEC. B. MOTOR VEHICLE OPERATORS' PERMITS AND LICENSES SEC. 8.01 AMOUNT OF FEES The following fees are hereby established for the application and renewal of motor vehicle instruction permits and operators' licenses:, A. Application for Instruction Permit $1.00 B. Application for Operator's License (Not chargeable if applicant presents evidence of having paid to Hawaii County the application for instruction permit fee.) 1.00 2-56 C. Operator's license valid for two years $2.00 D. Renewal of operator's license valid for two years 2.00 E. Operator's license valid for four years 4.00 F. Renewal of operator's license valid for four years 4.00 G. Application for chauffeur's license (Not chargeable if applicant presents evidence of having paid to Hawaii County the application for instruction permit fee.) 1.00 H. Chauffeur's license 3.00 I. Renewal of chauffeur's license 3.00 J. Duplicate license 1.00 SEC. 8.02 DISPOSITION OF FEES All fees hereinabove collected shall be deposited in the General Fund of the County of Hawaii as County realizations. SEC. 9. INSPECTION COSTS SEC. 9.01 CHARGES FOR OVERTIME INSPECTIONS When an applicant requests that an inspection be made during any hour after the normal working hours of an inspector in any work day, or on a Saturday, Sunday or legal holiday, the applicant shall bear the cost of such inspection, and shall pay said cost to the County of Hawaii, prior to the final approval of any project so inspected. Monies so realized shall be credited to the proper accounts of the respective agencies to cover the cost of such overtime inspections. Such monies are hereby appropriated and shall be 2-57 expended for inspection costs without further action of the County Council. As used hereinabove, "applicant" means any person requesting inspectional serviced from the County. "Cost" means the amount to be charged by the County for overtime inspection at the rate of Thirteen Dollars ($13.00) per hour, including overhead and administrative charges. "Inspection" shall include all inspections provided for by law. SEC. 10. DISPOSITION OF SURPLUS PROPERTY SEC. 10.01 AUTHORITY OF DIRECTOR OF FINANCE The Director of Finance shall consider requests from any agency or executive agency of the County which desires to dispose of any equipment, material, or supply not needed by such agency. He shall determine whether such equipment, material, or supply should be disposed of, and shall determine the manner and method by which any sale, exchange, or other disposition shall be made. In performing this duty, he may request the agency involved to provide information concerning the property to be disposed. Such information may include, but is not limited to, the kind of property and full description thereof; purposes for which the property is used; estimated value of the property; reasons for disposition; offers, if any, made for the property. SEC. 10.02 PROCEEDS; RECORDS All moneys received from the sale or other disposition of any personal property shall be credited to the fund from which the purchase of the property was made, or to any other fund designated at the discretion of the Director of Finance. 2-58 SEC. 11 UNCOLLECTIBLE ACCOUNTS SEC. 11.01 PROCEDURE Agency heads may from time to time prepare and submit for review by the Corporation Counsel a list of all uncollectible accounts in their agency. Such accounts as the Corporation Counsel finds to be uncollectible shall be entered in a special record to be maintained by the Director of Finance and be deleted from the accounts receivable records of the agency which shall thereupon be relieved from any further accountability for their collection, provided that no account shall be so deleted until it shall have been delinquent for at least two consecutive years. Any account entered in the special record shall be transferred back to the current accounts receivable if the Corporation Counsel finds that the facts as alleged and presented to him were not true, or that the account has become collectible. SEC. 11.02 DEFINITION Uncollectible account as used in this ordinance means an account which (1) the debtor or party causing damage to property belonging to the County is no longer within the jurisdiction of the State; (2) the debtor or party causing damage to property belonging to the County cannot be located; (3) the party causing damage to the property belonging to the County is unknown or cannot be identified; (4) the debtor has filed bankruptcy and has listed the County as a creditor; or (5) such other account as may be deemed by the Corporation Counsel to be uneconomical or impractical to collect SEC. 12 SPECIAL TRUST FUND SEC. 12.01 CREATION A special trust fund entitled "Federal Revenue Sharing Fund" is hereby created for proper accounting of receipts and disbursements of funds received pursuant to State and Local Assistance Act of 1972 (Title 1, P. L. 92-512), effective October 20, 1972, by which Act the 2-59 County will be receiving revenue sharing funds from January 1, 1972 to December 31, 1976, and is required to establish a trust fund for deposit of these funds. 2-60 CHAPTER 3 CHAPTER 3 REGULATIONS PROMOTING THE GENERAL WELFARE Page Article1 . ....................................................... 3-1 County Parks and Recreational Areas ............................... 3-1 Part II. Public Use and Recreation of Park Areas ................. 3-5 Sec. Part I. General Provisions ........................... 3-1 Sec. Sec. 1.1 General Policy ..... ............................ 3-1 Sec. 1.2 Applicability and Scope ........................ 3-2 Sec. 1.3 Definitions .................................... 3-3 Sec. 1.4 Penalties ...................................... 3-4 Part II. Public Use and Recreation of Park Areas ................. 3-5 Sec. 2.1 Abandoned and Unattended Property .............. 3-5 Sec. 2.2 Audio Devices .................................. 3-5 Sec. 2.3 Begging and Soliciting ..................•.••.•• 3-6 Sec. 2.4 Camping ........................................ 3-6 Sec. 2.5 Closing of Areas ............................... 3-12 Sec. 2.6 Disorderly Conduct ............................. 3-13 Sec. 2.7 Dogs, Cats and Other Pets ...................... 3-13 Sec. 2.8 Explosives ..................................... 3-14 Sec. 2.9 False Report............3-14 Part Sec. 2.10 Firearms, Traps and Other Weapons .............. 3-14 Sec. 2.11 Fires .......................................... 3-15 Sec. 2.12 Fishing ........................................ 3-16 Sec. 2.13 Gambling ....................................... 3-16 Sec. 2.14 Intoxications; Drug Incapacitation ............. 3-16 Sec. 2.15 Lost and Found Articles .....................••• 3-16 Sec. 2.16 Picnicking ..................................... 3-16 Sec. 2.17 Portable Engines and Motors ••••••• ......•••••. 3-19 Sec. 2.18 Preservation of Public Property, Natural Features, Curiosities, and Resources •••• •... 3-20 Sec. 2.19 Public Assemblies, Meetings .................••• 3-21 Sec. 2.20 Report of Injury or Damage ...................•• 3-22 Sec. 2.21 Sanitation ..................................... 3-22 Sec. 2.22 Skating, Skateboards ........................... 3-24 Sec. 2.23 Special Events ................................. 3-24 Sec. 2.24 Swimming and Bathing ........................... 3-24 Sec. 2.25 Tampering with Vehicle or Vessel..... •••••••... 3-25 Sec. 2.26 Parking ........................................ 3-25 Sec. 2.27 Boating Prohibited ..............•.•••.......••• 3-25 Part III. Commercial and Private Operations .................. 3-25 Sec. 3.1 Advertisements ................................. 3-25 Sec. 3.2 Business Operations ............................ 3-26 Sec. 3.3 Commercial Photographer ...................••••• 3-26 Sec. 3.4 Memorialization................................ 3-26 Sec. 3.5 Nuisances ...................................... 3-26 Sec. 3.6 Residence on County Lands ...................... 3-27 Sec. 3.7 Trespass- on County Lands ..................•••••• 3-27 Part IV. Special Rules for Special Parks .................... 3-27 Sec. 4.1 Kahaluu Park, North Kona, Hawaii ............... 3-27 Sec. 4.2 Removal of Sand and Other Materials •••••••• •..3-27 3-i Pace Article2 . ......................................................3-29 Streets, Highways and Other Public Places,,,,,,,,,,,,,,,,,,,,,,,,, 3-29 Sec. 1. Encroachments ................................... 3-29 Sec. 1.01 Definitions ..................................... 3-29 Sec. 1.02 Notice of Removal ............................... 3-30 Sec. 1.03 Contents of Notice .............................. 3-30 Sec. 1.04 Removal By County,,,,,_,,.,,. .•... .3-31 Sec. 1.05 Penalty....... .... ............... . Sec. 2. . ........3-31 Goods, Wares, Merchandise. Sec. 2.01 Permits Required................................3-31 Sec. 2.02 Classification of Permits .......................3-32 Sec. 2.03 Permits for Newsstand or News Rack ............... 3_32 Sec. 2.04 Permits to Place Other Properties on Sidewalk ... 3-33 Sec. 2.05 Compliance with Other Laws......................3-35 Sec. 2.06 Penalty ......................................... 3-35 Sec. 3. Gates Over County Highways,,,,,,,,,,,,,,,,,,,,,, 3-35 Sec. 3.01 Permit Required ................................ 3-35 Sec. 3.02 Contents of Application ......................... 3-36 Sec. 3.03 Action of Council. .............................. 3-36 Sec. 3.04 Revocation of Permit ........................... 3-36 Sec. 3.05 Cost of Construction. ........................... 3-36 Sec. 3.06 Securing of Gate ................................ 3-37 Sec. 3.07 Posting Of Sign ................................ 3-37 Sec. 3.08 Penalty ......................................... 3-37 Sec. 4. Littering ...................................... 3-37 Sec. 4.01 Definitions .................. **..'•3-37 Sec. 4.02 Littering Prohibite.d; P.lacement of Litter in Receptacles to Prevent Scattering.......,, 3-39 Sec. 4.03 Sweeping Into Gutters Prohibited 3-39 Sec. 4.04 Merchants' Duty to Keep SidewalksF'ree of Litter .................................... 3-39 Sec. 4.05 Distributing Handbills At Inhabited Private Premises ............................. 3-40 Sec. 4.06 Litter on Occupied Private Property............ 3-40 Sec. 4.07 Penalty ........................................ 3-41 Sec. 5. Bridges and Other Elevated Structures.,,,,,,,,, 3-41 Sec. 5.01 Prohibition .................................... 3-41 Sec. 5.02 Penalties ...................................... 3-41 Sec. 6. Intoxicating Liquors in Public Places.......... 3-42 Sec. 6.01 Intent.........................................3-42 Sec. 6.02 Absolute Prohibitions .......................... 3-42 Sec. 6.03 Permits ........................................ 3-43 Sec. 6.04 Permit Procedure ............................... 3-44 Sec. 6.05 Conditions of Permits .......................... 3-45 Sec. 6.06 License Required ............................... 3-45 Sec. 6.07 Penalty ........................................ 3-46 Sec. 7. Protection of Public Grounds,,,,,,,,,,,,,,,,,,, 3-46 Sec. 7.01 Duty of Chief of Police ........................ 3-46 Sec. 7.02 Penalty ........................................ 3-46 Sec. B. Livestock on Public Places and Private Lands,,, 3-46 Sec. 8.01 Prohibition, Authority to Confiscate, Fees__,,, 3-46 Sec. 8.02 Penalty ........................................ 3-47 Sec. 9. Construction and Maintenance of Sidewalks.,.... 3_98 3 -ii Page Sec. 9.01 Curbing 8 Gutter ............................... 3-48 Sec. 9.02 Sidewalks ...................................... 3-49 Sec. 9.03 Appurtenant Work...............................3-50 Sec. 9.04 Posting of Notice .............................. 3-51 Sec. 9.05 Care of Sidewalks.. 3-52 Sec. 10. Excavation of Public Highways .................. 3-54 Sec. 10.01 Permit to Dig Up Streets, Etc . ................ 3-54 Sec. 10.02 Performance Bond ........3-54 Sec. 10.03 Specifications for Restoration or Replacement. -3-55 Sec. 10.04 Fees ........................................... 3-55 Sec. 10.05 Indemnification of County ...................... 3-55 Sec. 10.06 Penalty ........................................ 3-56 Sec. 11. Driveways ...................................... 3-57 Sec. 11.01 Definitions .................................... 3-57 Sec. 11.02 Permit Required ................................ 3-57 Sec. 11.03 Application and Fees ........................... 3-58 Sec. 11.04 Standards for Driveway Approaches .............. 3-58 Sec. 11.05 Referral of Building Plans ..................... 3-60 Sec. 11.06 Reconstruction of Abandoned Driveway Approach..3-60 Sec. 11.07 Construction Specifications .................... 3-61 Sec. 11.08 Variance ....................................... 3-61 Sec. 11.09 Indemnification of County ...................... 3-61 Sec. 11.10 Penalties ...................................... 3-62 Sec. 12. Obstructions Upon or Over Roadway .............. 3-63 Sec. 12.01 Definitions .................................... 3-63 Sec. 12.02 Obstruction Across Roadways to be Clearly Visible ...................................... 3-63 Sec. 12.03 Violation; Penalties ........................... 3-63 Sec. 13. Unreasonable Use of Highways ................... 3-64 Sec. 13.01 Acts Prohibited ................................ 3-64 Sec. 13.02 Penalty........................................3-64 Sec. 14. Temporary Repair of Certain Roads .............. 3-65 Sec. 14.01 Purpose ........................................ 3-65 Sec. 14.02 Definitions .................................... 3-65 Sec. 14.03 Chief Engineer's Determination ................. 3-65 Sec. 14.04 Specific Conditions for Temporary Maintenance of Roads in a State of Extreme Detericration.3-66 Sec. 15. Accommodation and Installation of Utilities on Federal Aid Secondary County Highways..... 3-68 Part I. General Provisions ........................ 3-68 Sec. 15. 1 Purpose ........................................ 3-68 Sec. 15.02 Policy Statement ............................... 3-69 Sec. 15.03 Application .................................... 3-69 Sec. 15.04 Definitions .................................... 3-70 Part II. Accommodation and Installation........... 3-77 Sec. 15.05 General Requirements ........................... 3-77 Sec. 15.06 Requirements - Federal Aid Secondary County Highways ..................................... 3-81 Sec. 15.07 Reviews and Approvals .......................... 3-94 Page Sec. 15.08 Use and Occupancy Agreements .................•. 3-94 Part III. Compliance with Laws ....................... 3-96 Sec. 15.09 Violations and Penalties ....................... 3-96 License Required ............................... Part IV. Exhibits ........................•••••• 3-97 Sec. 15.10 Exhibits ....................................... 3-97 Sec. 16. Construction within a Government Right-of-Way..3-112 Sec. 16.01 Authorization for Construction ................. 3-112 Sec. 16.02 Issuance of Permit ............................. 3-112 Article 3 . ....................................................... 3-113 Fireworks Control ................................................. 3-113 Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec 1. 2. 3. 4. 4.01 4.02 4.03 4.04 4.05 4.06 5. 6. Sec. 7 Sec. 8 Sec. 9 Title.......................................... 3-113 Definitions and Number ......................... 3-113 Prohibitions; Permitted Uses ................... 3-114 License for Storage and Sale ................... 3-115 License Required ............................... 3-115 Application for License ........................ 3-115 Sale Only to Persons Presenting Permit ......... 3-115 Wholesaling Only to Dealers with License,,,,,,, 3-116 Fee............................................ 3-116 Non -Transferable ............................... 3-116 Permit for Public Display ...................... 3-116 Permit for Bona Fide Religious or Ceremonial Use of Fireworks ............................. 3-117 Unlawful to Remove Pyrotechnic Contents from Fireworks, Etc., and Make Larger Fireworks, Etc . ............................. 3-118 Unlawful to Set Off Fireworks, Etc., from Moving Vehicles .............................. 3-119 Unlawful to Set Off Fireworks, Etc., in Vicinity of Hospitals ....................... 3-119 3 -iv Page Sec. 10. Unlawful to Set Off Fireworks, Etc., on Public Ways, in Parks, Schools or Places of Worship During Services; Exception ••••••• 3-119 Sec. 11. Unlawful to Set Off "Special Firecrackers" At Night; Exceptions ........................ 3-119 Sec. 12. Penalty ....................................... 3-120 Article 4 . ...................................................... 3-121 Regulations Applicable to Minors ................................. 3-121 Sec. 1. Curfev ......................................... 3-121 Sec. 1.01 Persons Under Fifteen ......................... 3-121 Sec. 1.02 Persons Under Eighteen ..................••.••• 3-121 Sec. 1.03 Penalty ....................................... 3-121 Sec. 1.04 Duty pf Parents, Guardians .................... 3-121 Sec. 1.05 Duty of Certain Businesses •••••••••••••••• •••3-121 Sec. 2. Children Under Six ........................•••• 3-122 Sec. 2.01 Acts Prohibited.. 3-122 Sec. 2.02 Duty of Parents, Guardians; Penalty...........3-122 Sec. 3. Intoxicating Licuors .......................... 3-122 Sec. 3.0.1 Intent ........................................ 3-122 Sec. 3.02 Definitions ,................................... 3-123 Sec. 3.03 Acts Prohibited in Public Place ............... 3-123 Sec. 3.04 Acts Prohibited of Minors ..................... 3-123 Sec. 3.05 Penalty ....................................... 3-123 Article 5 . ....................................................... 3-124 Unoccupied Lots ................................................... 3-124 Sec. 1. Duty to Clear ................................. 3-124 Sec. 2. Request to Clear ..................•••••••••••• 3-124 Sec. 3. County May Clear ..................•.......•••• 3-124 Sec. 4. Mailing of Notice ••••••••••••••••••••••••..... 3-125 Article6 . ........................................................ 3-126 Interference ''Nith Radio Reception ................................. 3-126 Sec. 1. Acts Prohi.bited................................ 3-126 Sec. 2. Non -Applicability ....................... *•••••3-126 Sec. 3. Penalty........................................3-126 Article 7 . ....................................................... 3-127 Tampering With Motor Vehicles ..................................... 3-127 Sec. 1. Acts Prohibited ..............................•• 3-127 Sec. 2. Penalty........................................3-127 Article 8 . ....................................................... 3-128 Toy Rifles ........................................................ 3-128 Sec. 1. Definition ..................................... 3-128 Sec. 2. Unlawful for Any Minor Under the Age of 18 to Own, Acouire, Possess, Use, Operate or.Play with A Toy Rifle ..................••• 3-128 3-v Article 9 . ....................................................... 3-133 Disaster Control ................................................. 3-133 Sec. 1. Policy and Purpose ............................ 3-130 Page Sec. 3. Unlawful to Permit Any Minor Under the Age 3. Tidal Wave WFrning - Acts Prohibited .......... of 18 to Oven, AcQuire, Possess, Use, Potential Disasters - Acts Prohibited ......... 3-131 Operate or Play With A Toy R.ifle............ 3-128 Sec. 4. Unlawful for Any Person to Sell, Transfer 3-133 Wrecked, Non -Operational Automobiles or Give A Toy Rifle to Any Minor Under 135 Sec. 9. the Age of 18 ............................... 3-129 Sec. 5. Toy Rifle Forfeited When ...................... 3-129 Sec. 6. Penalty ........................................ 136 Sec. 3-129 Article 9 . ....................................................... 3-133 Disaster Control ................................................. 3-133 Sec. 1. Policy and Purpose ............................ 3-130 Sec. 2. Definitions .................................... 3-130 Sec. 3. Tidal Wave WFrning - Acts Prohibited .......... 3-130 Sec. 4. Potential Disasters - Acts Prohibited ......... 3-131 Sec. 5. Penalty ........................................ 3-132 Article 10 . ...................................................... 3-135 Sec. 3-133 Disposal of Refuse ................................................ 3-133 Sec. 1. Definitions .................. 3-133 Sec. 2. Removal of Garbage, Rubbish and Swill •••••.••.3 134 Sec. 3. Receptacles...................................3 134 Sec. 4. Location of Refuse and Receptacles ............ 3134 Sec. 5. License Required•••••••••••••••••••••••••••••••3 135 Sec. 6. Vehicles for Removing Refuse ......•.•••••••.••3135 Sec. 7. Dead Animals ................................... 3-135 Sec. 8. Wrecked, Non -Operational Automobiles and Scrap Iron •••••••••••••••••••••••••••••••3 135 Sec. 9. Removal of Doors of Abandoned Refrigerators, Etc. ........................................ 3-136 Sec. 10. Explosives, Ammunition, Etc ................... 3-136 Sec. 11. Dumping Refuse in Vacant Lots, Etc. ..........3 136 Sec. 12. Burning on County Dumping Ground„ ............3 136 Sec. 13. Salvage of Refuse ............................... 3 136 Sec. 14. Disposal of Refuse .............................3 137 Sec. 15. Penalty........................................3 137 3 -vi CHAPTER 3 REGULATIONS PROMOTING THE GENERAL WELFARE ARTICLE 1. County Pafks And Recreational Areas PART I. GENERAL PROVISIONS SEC. 1.1 GENERAL POLICY Pursuant to and in furtherance of the goals and purposes of the general plans of the State of Hawaii and the County of Hawaii, the County Council of the County of Hawaii. hereby adopts and promulgates this article as necessary for and conducive to the: A. Preservation of the beauty of Hawaii, its way of life and its Aloha spirit; B. Moral, physical and economic well-being of the citizens and residents of the County of Hawaii; C. Utilization of land resources in the County of Hawaii in an intelligent and reasonable manner based on the capabilities and characteristics of the soil, its physical surroundings, climate and the needs of the people in the County together with any other relevant and material considerations; D. Establishment of recreational and cultural facilities that will provide healthful, educational and aesthetic advantages for the people in the County of Hawaii and 3-1 its visitors; and for the orderly and progressive development of such facilities to accommodate the expanding and diversified needs of the people; and E. Protecting and enhancement of the scenic and historic resources of the area. SEC. 1.2 APPLICABILITY AND SCOPE A. This article shall apply to all County parks or recreational areas. B. The provisions in this article, including provisions for the imposition upon any person of the penalties by fine or imprisonment for any violation of this article, are not to be construed to exclude the operation of applicable State statutes or other Countyordinances. In the case of conflict with other County ordinances, the stricter ordinance may apply. C. If any section, sentence, clause or phrase of this article or its application to any person or circumstances, is for any reason held to be unconstitu- tional or invalid, the remaining portions of this article, or the application of this article to other persons or circumstances, shall not be affected. The County Council hereby declares that it would have passed this article, and each section, sentence, 3-2 clause or phrase thereof, irrespective of the fact that any one or more other sections, sentences, clauses or phrases be declared unconstitutional or invalid: SEC. 1.3 DEFINITIONS The following definitions shall apply to the provisions contained in this article. A. The term "Director" shall mean the Director of the Department of Parks and Recreation. B. The term "authorized person" includes any person authorized to enforce the provisions of this article. C. The term "park area" includes all County owned or controlled areas administered by the County of Hawaii. D. The term "recreational area" includes all beach parks, and all other park areas administered by the Department of Parks and Recreation, primarily for the purpose of public recreation. E. The term "camping" is the use and occupation of any public premise (other than those provided within other sections) under the jurisdiction of the Department of Parks and Recreation whereby one or more persons remain or intend to remain at the particular public premise past the hour of twelve midnight. - 3-3 F. The term "camper" is any person who remains or intends to remain upon any public premise under the jurisdiction of the Depart Trent of Parks and Recreation past the hour of twelve midnight. G. The term "picnicking" is an outing by one or more persons who consume or intend to consume foodstuff while within the boundaries of a public premise under the jurisdiction of the Department of Parks and Recreation, but who do not remain or intend to remain on the premise past the hour of twelve midnight. If the outing is past the hour of midnight, it shall be known as a "camping" and shall be governed by those provisions appertaining thereto. H. The term "picnicker" is any person on an outing, who consumes or intends to consume foodstuffs while within the boundaries of a public premise under the jurisdiction of the Department of Parks and Recreation, but who does not remain or intend to remain upon the premise past the hour of twelve midnight. If any person remains past the hour of midnight, he shall be known as a camper and shall be governed by those provisions appertaining thereto. SEC. 1.4 PENALTIES A. Any person convicted or violating any provision contained in this article, or as the same may be amended 3-4 or supplemented, shall be punished by a fine not exceeding $500 or by imprisonment not exceeding 60 days, or both, and shall be adjudged to pay all costs of the proceedings. PART II. PUBLIC USE AND RECREATION OF PARK AREAS SEC. 2.1 ABANDONED AND UNATTENDED PROPERTY A. Abandonment of any vehicle or other personal property is prohibited and such property may be impounded by the Director or the police to be dealt with according to law. B. Leaving any vehicle or other personal property unattended for longer than 24 hours, without prior permission of the Director is prohibited and any property so left may be impounded by the Director or the police. In the event unattended property interferes with the safe or orderly management of the park area, it may be impounded by the Director at any time. SEC. 2.2 AUDIO DEVICES A. The operation or use of any audio devices including radios, television sets, musical instruments, and noise producing devices such as electric generating plants, or other equipment driven by motors or engines in such a manner and at such times so as to unreasonably annoy persons in campgrounds, picnic areas, or at other public places or gathering is prohibited. 3-5 B. The operation or use of public address systems, whether fixed, portable, or vehicle mounted, on lands, waters, and highways, is prohibited except when such Use or operation is in connection with public gatherings or special events for which permits have been issued. C. The installation of aerials or other special radio, telephone, or television equipment is prohibited unless authorized by the Director. SEC. 2.3 BEGGING AND SOLICITING A. Begging is prohibited. B. Hitchhiking or the soliciting of transportation is prohibited. C. Commercial soliciting of any kind without a permit is prohibited; provided, however, that this section shall not apply to transactions with authorized concessionaires. SEC. 2.4 CAIJPING Recognizing the increasing demands for camping premises and facilities administered by the Department of Parks and Recreation, and being aware of the present and potential difficulties to be encountered in the fair allocation of the space and facilities of these various campsites; and being aware of the hazards of health and sanitation which may 3-6 accompany over -crowded or frequently used public premises and facilities; the following provisions are adopted to insure the: (1) most equitable allocation of time, space and use of the grounds and facilities of the public campsites; (2) maintenance of minimal standards of health as set forth by the Department of Health; (3) reasonable safety and enjoyment in the use of such campsites; and (4) the maintenance of the campsites and their facilities and the preservation of their beauty. A. Camping and the use of trailers or other camper units are only permitted as follows: 1. At Laupahoehee Beach Park, Kolekole Peach Park, James Kealoha Beach Park, Isaac Hale Beach Park, Punaluu Beach Park, 6sh ittington Beach Park, Milolii Beach Park, Hapoopoo Beach Park, Hookena Beach Park, Keokea Beach Park, 14ahukona Park, Kapaa Park, camping and the use of trailers or other camper units are permitted on any suitable place. The camper shall give due regard to the rights and convenience of other users of the park, shall not obstruct any. roadway or pathway, and shall not monopolize any facility intended for the use of all users of the park. 2. At Onekahakaha Beach Park, camping and the use of trailers and other camper units are permitted 3-7 only in the area on the Hilo side of the road leading into Onekahakaha beach Park and mauka of Pavilions 1, 2, and 3 up to one-half of the Children's Zoo parking lot. 3. At Harry K. Brown Beach Park, camping and the use of trailers or other camper units are permitted in the area on the Kau side of a straight line extending from the makai-Kau corner of the parking lot to the main government road and parallel with the park road. 4. At Samuel Spencer Beach Park, camping and the use of trailers or other camper units are permitted in three (3) camping areas known as areas "A," "B," and "C." Area "A" is mauka of the large pavilion between the Hapuna boundary of the park and the sidewalk leading to the large pavilion. Area "B" is mauka of the parking lot in the date - palm tree area and along the Hapuna boundary of the park. Area "C" is makai of the Kawaihae side pavilion up to the sandy beach area on the Hapuna side. 5. The areas described in subsections 2, 3, and 4 above are outlined in red on the maps attached hereto, marked Exhibit A for Onekahakaha Peach Park, Exhibit B for Harry K. Brown Beach Park, M and Exhibit C for Samuel Spencer Beach Park, and by reference made a part hereof. Three (3) copies of this ordinance, including copies of the ExEibits hereto, shall be kept on file and be available for public inspection in the Office of the County Clerk. D. The Director may establish limitations on the length of time persons may camp within a park area, either in a single period or in combined separate periods. Such limitations shall be posted at campgrounds or other appropriate locations. C. The installation of permanent camping facilities is prohibited. D. The digging or leveling of the ground at any campsite is prohibited, except with the permission of the Director. E. Camping equipment must be completely removed and the sites cleaned before departure. F. Camping within 25 feet of any water hydrant, main road, or well-defined water course, except upon the direction of the Director is prohibited. G. Quiet shall be maintained in all campgrounds between the hours of 12 midnight and 6 a.m. Fd. The gathering of wood for use as fuel in campgrounds or picnic areas shall be limited to dead material on 3-9 the ground, except where such gathering is prohibited by the Director by the posting of appropriate signs. I. Any adult person, representing himself, his family, a group, organization or association wishing to camp at a designated "camping area" shall be required to obtain a camping permit authorizing the use of the grounds and facilities for camping purposes. These permits may be obtained from the administrative office of the Department of Parks and Recreation in Hilo or from any official of said department designated by the department to issue such permits. Each permit will reserve the use of the desired camping area for the stated date requested. The means of requesting for camping permits and receiving confirmation of the same can be done either through a direct visit to the above office or designated authority or by means of telephone or through the mail. All permits shall be issued on a first-come, first-served basis but may be denied any person, group, organization or association when the use of the desired camping area may be dangerous to the campers or unreasonably inconvenient to the Department of Parks and Recreation; such as: 1. When the group is of an extraordinary large size; 2. When severe weather conditions are threatening; 3. When there are inadequate facilities to meet the immediate needs of the camper or campers; 4. Or when repairs or improvements are being made to develop the campsite. 3-10 J. No person, group, organization or association shall be allowed to remain at any one specific "camping area" for a period longer than one (1) week during the months of June through August and for a period not longer than two (2) weeks during the other nine months of the year unless special permission is granted to extend the stay by the Director. A camping period for the use of pavilions and sheds in "camping areas" is limited to three days and two nights' duration throughout the year unless special permission is granted by the Director to extend the time limit. K. The Department of Parks and Recreation may apportion and delineate the space within the "camping area" for the exclusive use of a person, group, organization or association granted a permit to utilize said area; but said area shall not be less than 40 sq. ft. nor more than 80 sq. ft. per person. L. All responsible persons 18 years of age or older shall be allowed to secure a permit on their own to camp in any of the campsites. All minors below the age of 18 shall be allowed to camp in the "camping area" provided that they will be under the direct supervision of a responsible adult for every ten (10) minors. All minors from the same family accompanied by at least one of their parents shall be allowed to camp, regardless of the ratio of supervision between parent and children. 3-11 M. Permits shall be automatically cancelled if they are not picked up or if the department is not notified of final verification of usage by the requesting party within 48 hours of actual usage. 'the department also reserves the right to terminate camping privileges, aside from natural causes, for the following reasons: 1. For tampering with or injuring signs, posters, markers, plants and other ornamental artifacts in the area; 2. For abuse of and physical damage to any building or other facility in the area; 3. For unnecessary and excessive littering of the area; 4. For common nuisance and disorderly behavior; 5. For being uncontrollably under the influence of liquor; 6. And for the violation of any other provision covered in this article. N. The holder of a camping permit shall, upon request, show the same to any law enforcement officer, park caretaker or any personnel of the Department of Parks and Recreation. SEC. 2.5 CLOSING OF AREAS The Director may establish a reasonable schedule of visiting hours for all or portions of a park area and close or restrict the public use of all or any portion of a park area, when necessary for the protection of the area or the safety 3-12 and welfare of persons or property by the posting of appropriate signs indicating the extent and scope of closure. All persons shall observe and abide by the officially posted signs and designating closed areas and visiting hours. SEC. 2.6 DISORDERLY CONDUCT A. Disorderly conduct is prohibited. B. Offense defined: A person is guilty of disorderly conduct if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he shall; 1. Engage in fighting or in threatening, violent, or tumultous behavior; or 2. Make unreasonable noise or offensively coarse utterance, gesture, or display, or address abusive language to any person present; or 3. Create a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor. SEC. 2.7 DOGS, CATS AND OTHER PETS A_ Dogs, cats and other pets are prohibited unless they are crated, caged, or on a leash, or otherwise under physical restrictive control at all times. - B. Pets are prohibited in public eating places, food stores, and on designated swimming beaches at all times. The 3-13 Director may also designate by the posting of appropriate signs other portions of the park area where pets are not permitted. This paragraph shall not apply to seeing eye dogs. SEC. 2.8 EXPLOSIVES A. The use or possession of explosives is prohibited except upon written permission of the Director. An authorized use or possession of explosives shall conform with all applicable Federal, State and local laws. B. The use or possession of fireworks and firecrackers is prohibited, except upon written permission of the Director. SEC. 2.9 FALSE REPORT The giving of any false or fictitious report or other information to any authorized person investigating an accident or any violation of law or regulations is prohibited. SEC. 2.10 FIREARMS, TRAPS AND OTIdER WEAPONS In recreational areas the use and possession of all firearms or other implements designed to discharge missiles, which are capable of destroying animal life, shall conform with all applicable Federal, State and local laws. Such firearms or other implements shall not be used in a manner so as to endanger persons or property. The possession of loaded firearms or other implements, except by law enforcement officers, in developed, populated, or concentrated use areas is prohibited. 3-14 SEC. 2.11 FIRES A. The kindling of any fire is permitted only: 1. In designated camping and picnicking grounds when the fire is confined in a fireplace provided for the use of visitors, or in grills, or in locations marked by the Director; or 2. In other locations, including backcountry, wilderness and remote sections of the park areas when a written permit has been secured from the Director; or 3. In portions of the park areas designated by the Director where fires may be kindled without a written permit. Portions of the park areas so designated shall be marked on a map which shall be available for public inspection in the office of the Department of Parks and Recreation; or 4. In stoves or lanterns using gasoline, propane, butane gas or other fuels. B. Fires must be kindled in such manner that no tree, shrub, grass, or other inflammable or combustible matter will be set on fire or caused to be set on fire. C. When no longer needed, the fire shall be completely extinguished. Leaving a fire unattended is prohibited. 3-15 D. Throwing or dropping a lighted cigarette, cigar, pipe heel, match, or other burning material is prohibited. SGC. 2.12 FISHING A. Unless further restricted herein or by special regulations, fishing shall be in accordance with the laws and regulations of the State or legal subdivision thereof, within whose exterior boundaries a park area or portion thereof is located, and such laws and regulations which are now or may hereafter be in effect are hereby adopted and made a part of this article. SEC. 2.13 GAMBLING Gambling in any form, or the operation of gambling devices, whether for merchandise or otherwise, is prohibited. SEC. 2.14 INTOXICATIONS; DRUG INCAPACITATION Entering or remaining in a park area when manifestly under the influence of alcohol, narcotics or other drugs, to a degree that may endanger oneself or other persons or property, or unreasonably annoy persons in the vicinity is prohibited. SEC. 2.15 LOST AND FOUND ARTICLES All lost articles shall be deposited by the finder at the office of the Director or at the nearest police station, leaving his name and address. SEC. 2.16 PICNICKING It is the aim of the Department of Parks and Recreation to provide for the people in the County of Hawaii, picnic areas 3-16 suited for wholesome family and group type recreation. Such an end may be realized by minimizing the nuisance elements within these areas which are often frequented and desired by the public and by maximizing the potential utility of the natural resources of these areas so as to accent their natural beauty and function. The emphasis is to secure an environment of security and relaxation for all ages in a congenial atmosphere, reflecting the spirit of Aloha and the Hawaiian way of life. A. In recreational areas picnicking is permitted except in those locations designated by the Director by the posting of appropriate signs. The Director may also establish reasonable limitations on the length of time any person or persons may use any picnicking facility by the posting of appropriate signs when such limitations are necessary for the accommodation of the visiting public. S. Any group larger than 15 members shall be allowed to reserve specified space and facilities within a public picnic area by obtaining picnic permit from the administrative office of the Department of Parks and Recreation in Hilo or from any official designated by the department to issue such permits. Each permit shall reserve the space or facility in the desired 3-17 picnic area for use on the stated date requested. The means of requesting for a picnic permit and receiving confirmation of the same can be done by a direct visit to the above office or designated authority or by telephone or through the mail. All permits shall be issued on a first-come, first-served basis but may be denied to any person, group, organization or association when the use of the desired picnic area may be dangerous to the picnickers or unreasonably inconvenient to the Department of Parks and Recreation; such as: 1. When the group is of an extraordinary large size; 2. VShen severe weather conditions are threatening; 3. When there are inadequate facilities to meet the needs of the picnicker or picnickers; 4. Or when repairs or improvements are being made to develop the picnic area. C. Permits for use of picnic areas shall be granted on requests for any particular day between the hours of 6 a.m. and midnight. An earlier starting time may be granted by the Department of Parks and Recreation to accommodate special functions. Requests for useof pavilions and shed facilities within picnic areas shall be for the same duration as above. 3-18 D. All responsible persons 18 years or older shall be allowed to secure a permit on their own to reserve space in any of the picnic areas for his group. All minors below the age of le shall be allowed to picnic in the picnic areas on their own if the adult who secures the permit for them will be responsible for them and also provided that their picnicking is done during the normal daylight hours of 6 a.m. to 6 p.m. Minors staying beyond 6 p.m. shall be under the supervision of adults on a same 10 minors to one adult ratio as is required in camping. All minors from the same family, who are accompanied by at least one of their parents, shall be allowed to remain in the picnic area past the 6 p.m. deadline regardless of the ratio of supervision between parent and children. E. The holder of a picnic permit shall,.upon request, show the same to any law enforcement officer, park caretaker or any personnel of the Department of Parks and Recreation. SEC. 2.17 PORTABLE ENGINES AND MOTORS The operation or use of a portable motor -driven electric generating plant, pump or other equipment driven by a portable engine or motor outside any developed or public use area without written permission from the Director, is prohibited. The 3-19 Director may issue a permit for the use if he determines that the applicant has submitted satisfactory justification for the use of such equipment, that natural resources will not be impaired, and that no undue interference with public enjoyment of the park area will result. SEC. 2.18 PRESERVATION OF PUBLIC PROPERTY, NATURAL FEATURES, CURIOSITIES, AND RESOURCES A. In recreational areas: 1. The intentional or wanton destruction, defacement or removal of any natural feature or nonrenewable natural resource is prohibited. 2. The intentional or wanton possession, destruction, injury, defacement, removal, or disturbance, in any manner of any public building, sign, equipment, monument, marker, or other structure, or of any relic, artifact, ruin, or historic or prehistoric feature or of any other similar public property is prohibited. - 3. Gathering or collecting for personal use, reasonable quantities of natural products of a renewal nature, including, but not limited to, seashells, fruits, berries, driftwood, and marine deposits of natural origin is permitted. The gathering or collecting of such products for the purpose of sale is prohibited. 3-20 4. The destroying, digging, removing, or possessing of any tree, shrub, or other plant is prohibited. 5. The gathering or collecting of small quantities of pebbles or small rocks by hand for personal use is permitted. The collection of such objects for the purpose of sale is prohibited. SEC. 2.19 PUBLIC ASSEMIELIES, MEETINGS A. Public meetings, assemblies, gatherings, demonstrations, parades and other public expressions of views are permitted within park areas on lands which are open to the general public provided a permit therefor has been issued by the Director. B. Any application for such a permit shall set forth the name of the applicant, the date, time, duration, nature and place of the proposed event, an estimate of the number of persons expected to attend, and a statement of equipment and facilities to be used in connection therewith. C. The Director shall issue a permit on proper application unless: 1. A prior application for the same time and place has been made which has been or will be granted; or 2. The event will present a clear and present danger to the public health or safety; or 3-21 3. The event is of such nature or duration that it cannot reasonably be accommodated in the particular park area applied for. D. The permit may contain such conditions as are reasonably consistent with protection and use of the park area for the purposes for which it is maintained. It may also contain reasonable limitations on the time and area within which the event is permitted. SEC. 2.20 REPORT OF INJURY OR DAPnGE All incidents resulting in injury to persons or damage to property must be reported by the person or persons involved as soon as possible to the Director. This report does not relieve persons from the responsibility of making any other accident reports which may be required under State or County law. SEC. 2.21 SANITATION A. All garbage, papers, cans, bottles, waste materials, and rubbish of any kind must be burned in authorized fires or disposed of only at points or places designated for the disposal thereof, or removed from the area. All noncombustible waste materials shall be deposited only in places designated for the disposal of such materials or removed from the area. Removal of refuse or garbage from refuse containers and removal or relocation of such containers, except by authorized persons, are prohibited. 3-22 B. Draining or dumping refuse or wastes from any trailer, or other vehicle except in places or receptacles provided for such use is prohibited. C. Cleaning food or washing clothing or articles of household use is permitted only in designated areas. D. Polluting or contaminating in any manner any watershed, water supplies or water used for drinking purposes is prohibited. E. Fish entrails or other inedible parts of fish may be disposed of into salt waters except within 200 feet of boat docks or swimming areas but shall not be thrown into fresh waters or onto park area lands in areas of public concentration. F. Depositing any body waste in or on any portion of any comfort station or other public structure except into fixtures provided for that purpose is prohibited. Placing any bottle, can, cloth, rag, metal, wood, or stone substances in any of the plumbing fixtures in such station or structure is prohibited. All comfort stations shall be used in a clean, sanitary, and orderly manner. G. Urinating or defecating other than at the place provided therefor is prohibited, except in backcountry, wilderness or other remote areas. 3-23 H. Using government refuse containers or other refuse facilities for dumping household or commercial garbage or trash brought as such from private property is prohibited. SEC. 2.22 SKATING, SKATEBOARDS The use of roller skates and skateboards is prohibited except in locations designated by the Director by the posting of appropriate signs. SEC. 2.23 SPECIAL EVENTS Sports events, pageants, re-enactments, regattas, entertainments and the like, characterized as public spectator attractions, are prohibited unless written permission therefor has been given by the Director. Such permits may be issued only after a finding that the issue of such permit will not be inconsistent with the purposes for which the area is established and maintained, and will cause the minimum possible interference with use of the area by the general public. The permit may contain such reasonable conditions and restrictions as to duration and area occupied as are necessary for protection of the area and public use thereof. SEC. 2.24 SWIMMING AND BATHING A. Swimming and bathing are permitted except in waters and at times where such activities are prohibited in the interest of public health or safety, which excepted waters shall be designated by the posted signs. 3-24 B. The Director may prohibit the use of flotation devices within designated swimming areas by the posting of appropriate signs. C. The use of surfboards and similar devices is prohibited within the limits of designated swimming beaches. SEC. 2.25 TAMPERING WITH VEHICLE OR VESSEL Tampering or attempting to tamper with any vehicle, vessel or other equipment which is not lawfully in one's possession or control, or entering or going upon, moving or manipulating any of the parts or components of any vehicle, vessel or other equipment or starting or setting the same in motion, except under such lawful possession or control are prohibited. SEC. 2.26 PARKING No unauthorized vehicle shall be driven upon or parked within a park area except on roads and parking areas laid out and provided for public use. Parking of motor vehicles shall be in places designated by appropriate signs and within stalls as they may be provided. SEC. 2.27 BOATING PROHIBITED No vessel, including but not limited to, boat, motorboat, houseboat, rowboat, powerboat, jet boat, sailboat, fishing boat, towboat, scow, flatboat, cruiser, motor vessels, ship barge, tug, floating cabana, party boat, charter boat, ferryboat, canoe, raft, or any buoyant device permitting or capable of free flotation, shall be operated or anchored within the swimming areas of all beach parks. PART III. COMMERCIAL AND PRIVATE OPERATIONS SEC. 3.1 ADVERTISEMENTS Commercial notices or advertisements shall not be displayed, posted, or distributed on County owned or controlled lands 3-25 within a park arca unless prior written permission has been given by the Director. Such permission may be granted only if the notice or advertisement is of goods, services, or facilities available within the park area and such notices and advertisements are found by the Director to be desirable and necessary for the convenience and guidance of the public. SEC. 3.2 BUSINESS OPERATIONS Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreements with the County of Hawaii, is prohibited. SEC. 3.3 COMMERCIAL PHOTOGRAPHER A. Motion pictures, television. Before any motion picture may he filmed or any television production or sound track may be made, which involves the use of professional casts, settings, or crews,by any person other than bonafide newsreel or news television personnel, written permission must first be obtained from the Director. SEC. 3.4 MEMORIALIZATION The installation of any monument, memorial, tablet, or other commemorative installation in apark area without permission of the Director is prohibited. SEC. 3.5 NUISANCES The creation or maintenance of a nuisance upon the County owned lands of a park area is prohibited. 3-26 SEC. 3.6 RESIDENCE ON COUNTY LANDS Residing in park areas is prohibited, except in accordance with a permit or other written agreement with the County authorizing such use, or by employees of the Department of Parks and Recreation. SEC. 3.7 TRESPASS ON COUNTY LANDS The running at large, herding, driving across, or grazing of animals of any kind on the public lands of an area, or the use of such lands for agricultural purposes, is permitted only under a valid lease, contract, or special use permit issued by the County or pursuant to law. PART IV. SPECIAL RULES FOR SPECIAL PARKS SEC. 4.1 KAHALUU PARK, NORTH KONA, HAWAII A. Camping and the use of trailers or other camper units are prohibited at Kahaluu Park. SEC. 4.2 REMOVAL OF SAND AND OTHER MATERIALS A. It is hereby declared to be the legislative intent of the Council of the County of Hawaii to prohibit the unauthorized removal of sand and other materials from specified public areas, to wit: 1. Punaluu Beach Park 2. Kaimu Beach Park 3. Kahaluu Park 4. Samuel Spencer Beach Park 5. Honolulu Landing Sand Hill 3-27 B. It shall be unlawful to remove sand, coral, rocks, soil or other beach compositions for any purpose from within any of the public areas designated in section A above. C. Any person violating section B above and convicted thereof shall be punished by a fine not exceeding FIVE HUNDRED DOLLARS ($500), confined to the County Sail for a term not to exceed thirty (30) days, or both. 3-28 ARTICLE 2. Streets, Highways And Other Public Places SEC. 1. ENCROACHMENTS SEC. 1.01 DEFINITIONS As used in this section: A. STREET OR HIGHWAY: The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic, shall be deemed a street or a highway. B. ENCROACHMENT: The term "encroachment" includes any hedge, shrubbery, crop, fence, flume, tree or other similar objects which exist in, under or over the highway excepting that which has a clearance of thirteen (13) feet above the surface of the highway, or any railway bridge now extant. C. OBSTRUCTION: The term "obstruction" includes any hedge, shrubbery, grass, weeds, crop, fence, tree or other similar object, maintained or permitted within the area between the chord of an arc with a radius of thirty (30) feet from the intersection of property lines at the corners of any street or highway intersection and the property lines thereof, when any point of such obstruction within the said area extends to a greater height than three (3) feet 3-29 above the nearest edge of the roadway of the abutting street is an obstruction at intersection, excepting any tree, the foliage of which is trimmed to a greater height than seven (7) feet. SEC. 1.02 NOTICE OF REMOVAL If any encroachment exists in, under or over any portion of any street or highway within the County or if any obstruction exists within the City of Hilo, and the same shall be observed by or a complaint thereof made to the Department of Public Works of the County of Hawaii, then the Department of Public Works shall investigate and forthwith, in the manner provided in this section, give notice to remove such encroachment or obstruction. SEC. 1.03 CONTENTS OF NOTICE A. A written notice for the removal of any encroachment or obstruction shall be given by mailing the same to either the owner, lessee or the person in control of the encroachment or obstruction'and by posting a copy of such notice in the immediate vicinity of the encroachment or obstruction. B. The notice shall specify the place and the general nature and extent of the encroachment or obstruction, and shall require the removal of such encroachment or obstruction within thirty (30) days from date of mailing such notice. 3-30 SEC. 1.04 REMOVAL BY COUNTY If the encroachment or obstruction. is not removed, or its removal is not commenced and diligently prosecuted, prior to the expiration of thirty (30) days from and after•mailing of notice, the Department of Public Works may proceed to remove the same. All costs sustained or incurred in the course of so removing the encroachment or obstruction, shall be paid by the owner, lessee, or the person in control of the encroachment or obstruction, and the County may institute action to recover the costs and expenses for the removal of the same. SEC. 1.05 PENALTY A. If the encroachment or obstruction is not removed, or its removal is not commenced and diligently pros6cuted prior to the expiration of thirty (30) days from and after the mailing of the notice, the owner, lessee or person in control, so notified, shall be deemed to have committed a separate offense for every day that such encroachment or obstruction is permitted to remain. B. Each offense shall be punished by a fine of not more than ;100.00. SEC. 2. GOODS, WARES, MERCHANDISE. ON SIDEWALKS SEC. 2.01 PERMITS REQUIRED No person shall place, leave or deposit for the purpose of displaying, vending,hawking, 3-31 selling or soliciting any goods, wares or merchandise on any sidewalk within the city limits of Iiilo without first obtaining the permission in writing from the County Council in the manner provided in Sections 7, 8 and 9 hereof. SEC. 2.02 CLASSIFICATION OF PERMITS There shall be two (2) classes of permits: A. Permits to place newspaper stand, news rack or other similar publication dispensers on public sidewalk. B. Permits to place other goods, wares or merchandise on public sidewalk. SEC. 2.03 PERMITS FOR NlilJSSTAND OR ND%S RACK A permit to place, leave or deposit any newsstand, news rack or other similar publication dispensers shall be given by the County Council in writing upon application in writing from the publisher, editor, distributor or seller of any newspaper or other similar publications upon receipt of the following statements: A. A statement designating sidewalk area desired to be occupied. B. A statement that the newsstand, news rack or other similar publication dispensers do not occupy one- fifth (1/5) of the width of the sidewalk and are not over four (4) feet high. 3-32 C. A statement that such materials on pulbic sidewalk shall not unreasonably impede pedestrian use of sidewalk nor endanger the public use of sidewalk area. D. A statement that the abutting property owners or occupiers consent to the use of the sidewalk area for the purpose desired. Upon completion of all the above requirements, the Council shall grant a permit to place newsstand, news rack or other similar publication dispensers on the sidewalk area desired for a period not to exceed one year, provided that the holder of this permit shall indemnify and save harmless the County of Hawaii, the officers and agents thereof, from all. claims, demands, suits, actions or proceedings of every name, character and description which may be brought against the County for or on account of any injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of the holder of said permit for actions done under this permit. SEC. 2.04 PERMITS TO PLACE OTHER PROPERTIES ON S IDE64ALK A. Prior to the application for a permit, the applicant shall obtain the consent and approval in writing of either the owner or owners of lessee or lessees of the land directly abutting the sidewalk arca desired to be used for any of the purposes described in Sec. 2.01. 3-33 B. The applicant shall thereafter forward these consents, together with an application for a permit, to the County Council consisting of the nature of his business, the types of properties or services to be placed on sidewalk, the description of the sidewalk area desired to be used, and the dates and the length of time desired. C. Before considering the granting of said permit, the Council shall first ascertain that all of the requirements in subparagraphs A and B above have been fully completed. D. The Council thereafter shall ascertain whether such use of the sidewalk shall unreasonably impede the pedestrian flow in the area desired or endanger endanger the public use of the sidewalk or unreasonably impede pedestrian traffic, the Council shall grant a permit to the applicant for a specified period, not to exceed seven (7) days, to use specified sidewalk area for the purposes applied, with a provision_ that such properties or services would not cover more than two-thirds (2/3) of the width of the sidewalk and not piled up to a greater 3-34 the public in any way. E. Upon the finding that the use will not unreasonably endanger the public use of the sidewalk or unreasonably impede pedestrian traffic, the Council shall grant a permit to the applicant for a specified period, not to exceed seven (7) days, to use specified sidewalk area for the purposes applied, with a provision_ that such properties or services would not cover more than two-thirds (2/3) of the width of the sidewalk and not piled up to a greater 3-34 height than four (4) feet, provided that the holder of this permit shall indemnify and save harmless the County of Hawaii, the officers and agents thereof,'from all claims, demands, suits, actions or proceedings of every name, character and description which may be brought against the County for or on account of any injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of the holder of said permit for actions done under this permit. SEC. 2.05 COMPLIANCE WITH OTHER LAWS The granting of a permit does not dispense with the necessity to comply with any law, ordinance, rule or regulation to which a permittee may also be subject. SEC. 2.06 PENALTY Any person violating Sections 2.01 through 2.05 hereof shall be punished by a fine of not more than Fifty Dollars ($50.00). SEC. 3. GATES OVER COUNTY HIGHWAYS SEC. 3.01 PERMIT REQUIRED Any person having interest in land adjoining both sides of a county -maintained or owned highway and desiring to establish a gate over said highway in order to fence in cattle or other livestock shall first apply for a permit from the County Council. - 3-35 SEC. 3.02 CONTENTS OF APPLICATION Such application shall contain the following information: A. The exact location of the highway where said gate is to be constructed. B. The manner of construction, operation and description of said gate. C. The reason for said construction. SEC. 3.03 ACTION OF COUNCIL The Council, in its discretion, may permit, by adoption of a motion, construction of said gate over the highway where it finds that the construction of fences on both sides of the highway is not economically advisable and when public use of the highway will not be appreciably impeded or delayed. SEC. 3.04 REVOCATION OF PERMIT Any permit for any gate allowed or permitted under this section may be rescinded or repealed at any time by an adoption of a motion by the Council. Thereupon, the person granted said permission shall forthwith remove said gate, at his own expense, without damaging the County highway. SEC. 3.05 COST OF CONSTRUCTION All gates permitted under this article shall be constructed by the person desiring the establishment of said gate at his own expense and shall be kept in good repair. The gate shall be constructed so that it may be readily swung open at any time and shall not be looked or barred in any fashion as to prevent it from being readily opened. 3-36 SEC. 3.O6 SECURING OF GATE All users of the gate shall secure the gate in the manner found immediately after usage. SEC. 3.07 POSTING OF SIGN Every gate shall have a clearly visible and legible sign for users of the highway reading as follows: "This is a public highway. "This gate is constructed pursuant to Sec. 265-47, Hawaii Revised Statutes, and Article 2, Sec. 3 et seq., Revised Ordinances of the County of Hawaii 19_ "This gate may be opened for passage. "You are to secure the gate in the manner found innnediately after usage." SEC. 3.06 PENALTY Any person violating any provision of this section may be punished by a fine not exceeding $100.00. SEC. 4. LITTERING SEC. 4.01 DEFINITIONS As used in this section the following terms, phrases, words and their derivations shall have the meaning given herein. V7hen not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular numLer, and words used in the singular number include the plural number. A. "Litter" means all waste material including, without limiting the generality thereof, all animal and 3-37 vegetable wastes, and all other solid wastes such as dart, ashes, street cleanings, dead animals or parts thereof, market and industrial wastes, bagasse, cane trash, paper, wrappings, cigarettes, cardboards, tin cans, yard clipping_, leaves, wood, tree trimmings, glass, bedding, crockery, furniture, appliances, scrap metal and all other waste materials commonly or ordinarily regarded as being garbage, rubbish, refuse, trash or swill, and which, if allowed to be deposited or to accumulate upon public or private property, would tend to create a danger to the health, safety, welfare, and general well-being of the public. B "Handbill" is any printed or written matter, any sample or device, dodos, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature. C. "Private premises" i.s any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building, or other structure. D. "Public place" is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. 3-38 E. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. F. "Nem,spaper" is a public print of general circulation issued for compensation at daily or weekly intervals reporting the news or happenings of local, national or foreign interest, such as social, religious, political, moral, business, professional, editorial and other kindred subjects, as well as trade, market, and money reports, advertisements, announcements and the like. SEC. 4.02 LITTERING PROHIBITED; PLACEMENT OF LITTER IN RECEPTACLES TO PREVENT SCATTERING It shall be unlawful for any person to scatter, throw, drop, deposit or place or cause to be scattered, thrown, dropped, deposited or placed any litter on any highway, street, road, alley, sidewalk, sea beach, public park or other public place in the County of Hewaii, State of Hawaii. Persons placing litter in public receptacles or to authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. SEC. 4.03 SWEEPING INTO GUTTERS PROHIBITED No person shall sweep into or deposit in any gutter, street or other public place within the county the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. SEC. 4.04 MERCHANTS' DUTY. TO KEEP SIDEWALKS FREE OF LITTER No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other 3-39 A public place within the county the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the county sha L keep the public walking and parking areas in front of their business premises free of litter. SEC. 4.05 DISTRIBUTING HANDBILLS AT INHABITED PRIVATE PREMISES No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabitrcd, except by handing or transmitting any such handbill. directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that such person, unless requested by the owner, occupant, invitee, licensee, or other person lawfully on the premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may riot be sousedwhen so prohibited by Federal postal law or regulations. A. EXEW TION FOR MAIL* AND NEWSPAPERS The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the - elements upon any street, sidewalk or other public place or upon private property. SEC. 4.06 LITTER ON OCCUPIED PRIVATE PROPERTY No person shall throw or deposit litter on any occupied private 3-40 property within the county, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. SEC. 4.07 SUMMONS OR CITATION There shall be provided for use by authorized police officers a form of summons or citation for use in citing violators of any provision of this section. SEC. 4.08 PENALTY Any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $5.00 nor more than $250.00. SEC. 5 BRIDGES AND OTHER ELEVATED STRUCTURES SEC. 5.01 PROHIBITION It shall be unlawful for any person (a) to play on, (b) to fish or crab from, or (c) to swim or dive off any portion of any bridge or other elevated structure constituting a part of a highway where proper signs are posted. SEC. 5.02 PENALTIES Any person convicted of a violation of Section 5.01, shall be punished by a fine not exceeding One Hundred Dollars ($100.00). 3-41 '111111910011, W144IMPF C ej� 0", 6 F S 'P"J" JBLIC N llkl.)'� ''I [ f6 f J` I L I M. is - - h IS, �l � e b Y, d c 1. �, re ( 3 t �o b e L e SEC 6 0 1 1 "IAll "(1, EA 111"I'll Il,, h, r i, i t� o e g -11. 1 "V .1. ri,- e n ",t co, f` t h,, C o- vi in (-0 "t, h, en C o u n t c) f H a v, v, Rh 'r a�Wr U S e c), r p ro h b 'L -t,, t �r: n n '0 C E" 3, 1- i.)s c 3.. m i,- nc-1 tc, n, c3, i�i� fi"),- r, e, s 1, 1 # CO,r'll 5, U, fil 117) t 10 r"I 0 t -it o x cat r,,j, g I" S rt a I'd, I lqu o r J n c e 1,n- pu, 1 c a,i:.- e a s ii 1: c) b -t a, I .,ning a , n g, s 11 b 1 t I ��,t� h ou 1,,�. f- t1l''411 o lo r b u I a,r)-d to pT.", c t pemit tl,rie open arid 'ur se ar L z 'ng 'i.. n ther publ. a s ar, b u li. 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IDI e, pe r s o ri s s a t, a. n.,g (:J u I" 'I nr t 'i on r'iature o f "t 1), le I yrs 1<.In, oi,,v I a r'i, d a c qfru�,;- *1 ri a n ci".'�!w. w itir). zs-' u''c 1"I perso,t-i la"n",c-'], pilnod on its, olf" colod 11171110LyX (Z -i NME "11111111001, w W d c rC:r iI Vie. c �rl C"- "s rrni .1i tllo x t nn d b e y o n d t li,e -'r, ,-to serve ,i).ntox.L'ca-tlng "Tf� "iatt.,irEra of lrhlen,�, occas,* :i c) n o aal:,,I-�'i e r 1 r), Tl ri a -L t, e m, a ri c e,,numb(,�ir, pe-T,,sons 'to 1), E Ji_ G "thia th .1rl, 1 -,.jct for tY,e I L s r 'to c o ris o urri g h z:i, I— ,I'- a I In uOl i n x,il, ca t "I" ri, g LiLqu aa:-, I S, E C C), 5 CO Ej I TI 0 ll]',S 0 F P E R T S"kMt s s 1-11" 11 c e s a n -t o be subec't t:,o all appli I r � (,, ]L c a b I e lalots a n, c[ c 1. :1, 1 n, a ri, d '0 �11) sil-i a 11 b e sr,,�,, �t f c,"I' "'t", 1, rig c 1 1. 0, T"'I -5 1 . Ow W]"I c C e pr erxri *1 S 10 S w �u 11 �y o r IL n -t err'*i --t I o rii all y, cl, c st :r oy B# t�,sljrc,) p e ir.- cs ar"Nii, a c lslo per,son. shall thrlc�,�,,,v or r,,.:,,llspOse of' ai,ny rc:,,fus,e, in r e c e p a, c e" s 'b o ',,It e ( si x c e p �t Yu'` a C.'t o=� rn a t e r a Is o:r 1, pl ac el d 8, ct rrcan, D n Th e s po n, s i bl e s o s, I'l a 11 b,( t "0' imes S EC. 6.061 LICENS' The provisiLo'ns, of, thal-S -L,ic any persion �to secto irl szill,i 11, no,"t be colnsitru,cd to, per' rn" 11 'y', c b ta 1L ni* ng a, p al 11 c en, s any li.cl"U"'Or, s c,l o'th, e,rw i c SEC. 6.07 PENALTY Any person violating any provision of the section or any condition set forth in a permit issued herein shall, upon conviction, be punished by a fine not exceeding $500.00. SEC. 7 PROTECTION OF PUBLIC GROUNDS SEC. 7.01 DUTY OF CHIEF OF POLICE It shall be the duty of the Chief of Police of the County of Hawaii to protect lawns, gardens, grass plots and other cultivated grounds belonging to the State of Hawaii or the County of Hawaii within the said County, and of all such lawns, gardens, grass plots and other cultivated grounds of a public nature within said County, and to place or cause to be placed on such places, signs and notices warning persons to keep off such places. SEC. 7.02 PENALTY Any person who shall trespass or walk on or over any such lawns, garden, grass plot or other cultivated ground, on which there shall be any such sign or notice shall be guilty of a misdemeanor and upon conviction shall be fined in a sum not less than Two Dollars and Fifty Cents ($2.50) and not more than Twenty -Five Dollars ($25.00), in the discretion of the District Magistrate or other fudge having jurisdiction of the cause. SEC. 8 LIVESTOCK ON PUBLIC PLACES AND PUBLIC LAND SEC. 8.01 PROHIBITION, AUTHORITY TO CONFISCATE, FEES If any cattle, horse, mule, ass, swine, sheep, goat or other animal except dogs and cats trespasses, roams, strays, or grazes upon any public lands, private lands of another, or upon any public highway in the County of Hawaii, any police officer or other duly authorized officer may seize and impound such animal for such period of time as may be deemed necessary; provided that the owner or keeper shall first be notified to remove the animal. Upon failure or refusal of the owner or keeper to remove the animals after notice, or if the owner or keeper is unknown, the animals may be seized and impounded by the police. Such owner or other person having the control or possession of said animals prior to their seizure shall pay not more than $1.50 for each animal for the expense of seizing and impounding the animal; provided further that if any damage is done by the animals, the owner thereof shall pay to the proper claimant the full amount of damage or loss occasioned by the estray of the animals. In case the charges and fees are not paid, or after forty-eight (48) hours, in cases where the owners are unknown, the animals may be sold at public auction, or disposed of by the Chief of Police or his authorized representative. SEC. 8.02 PENALTY In addition to the charges andlor damages in Section 8.01, the owner of any animal which trespasses, roams, strays, or grazesupon any public or private lands, or upon a public highway in the County of Hawaii, if upon notice, fails to remove the animals within twenty-four (24) hours thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than One Hundred Dollars ($100.00). 3-47 SEC. 9 CONSTRUCTION AND MAINTENANCE OF SIDEWALKS SEC. 9.01 CURBING AND GUTTER That every owner of land abutting on or adjoining any public highway or street in the County of Hawaii, State of Hawaii, upon being required by the Council of the County of Hawaii, and being notified of such requirement, as herein provided, shall construct and maintain good condition the curb or gutter, or both along the sidewalk area adjacent to such land, on the established lines, with substantial curbing of concrete, which shall conform to the following specifications: Concrete Curbing and Gutter: Concrete curb shall be of the dimensions specified in Detail Nos. P-1005 and P-1006 of the Standard Details of the Department of Public Works, County of Hawaii, dated October, 1969, as amended. Materials and construction shall be governed by the applicable subsections of Section 609 - Curb and/or Gutter of the Standard Specifications for Road and Bridge Construction of the Highways Division, Department of Transportation, State of Hawaii, dated 1969, as amended. 3-48 At street intersection of two different sidewalk widths the curbing radius shall be that of the greater sidewalk width. The County of Hawaii may require the property line at the intersection to be a rounded one instead of angled. The required radius shall be set by the Department of Public Works. SEC. 9.02 SIDEWALK That every owner of land abutting on or adjoining any public highway or street in the County of Hawaii upon being required by the Council of the County of Hawaii and being notified of such requirement, as herein provided, shall construct and maintain in good condition the sidewalk within the established sidewalk area on the highway or street adjacent to such property to conform to the following specifications: Concrete Sidewalk. The sidewalk area shall be of the width called for in Detail No. P-1003 of the Standard Details of the Department of Public Works, County of Hawaii, dated October, 1969, as amended. The width of the concrete slab may be varied to provide for grass or planting strip in accordance to design scheme proposed and approved by the Department of Public Works and the Planning Department, County of Hawaii. 3-49 Materials and construction shall be governed by the applicable subsections of Section 608 - Sidewalks of the Standard Specifications for Road and Bridge Construction of the Highways Division, Department of Transportation, State of Hawaii, dated 1969, as amended. Drop Driveway: The drop driveway across the sidewalk area shall be of the dimensions and detail specified in Detail No. P-1007 of the Standard Details of the Department of Public Works, County of Hawaii, dated October 1969, as amended. Material and construction shall be governed by the applicable subsections of Section 610 - Reinforced Concrete Driveways of the Standard Specifications for Road and Bridge Construction of the Highways Division, Department of Transportation, State of Hawaii, dated 1969, as amended. SEC. 9.03 APPURTENANT WORKS A. Drainage. When required by the construction inspector or engineer, or both, approved drainage system shall be installed. B_ Retaining Walls. In all cases where retaining walls are structurally determined necessary to contain the sidewalk fill or property cut section appropriate retaining structure approved by the Department of Public Works, County of Hawaii, shall be constructed. C. Walks Laid Over Substructure Openings. Where the curb and sidewalk cross a substructure opening the 3-50 crossing shall be structurally designed by a registered professional engineer to adequately carry the dead load plus the live load the crossing is proposed to carry. SEC. 9.04 POSTING OF NOTICE Whenever the Council of the County of Hawaii shall deem it proper or necessary that any sidewalk or sidewalks shall be curbed or curbed and constructed as hereinbefore provided, it shall, by resolution, designate a location or area of sidewalk construction which location or area shall not be less in extent than one side of a street or highway between two intersecting cross streets. The resolution shall also contain a provision requiring the owner or owners of the land abutting on and adjoining any public street or highway along which said sidewalk is to be so constructed within such location or area, to curb or curb and construct, the same as provided herein, and the said Council of the County of Hawaii, after so requiring the owner or owners of any land abutting on and adjoining any public street or highway to lay any curbing, or to curb and construct any sidewalk as required herein and as provided by Sections 265-26 to 31, Hawaii Revised Statutes, shall cause a written notice to be given such owner or owners or his or their duly authorized agent or agents of such requirement such notice to be substantially in the following form: 3-51 NOTICE TO You are hereby notified that at a meeting of the Council of the County of Hawaii, State of Hawaii, duly held on the day of , A.D. 19 , a resolution was adopted by the said Council that you be required to curb and construct and maintain a sidewalk upon the established lines abutting on and adjoining your property on Street, between and Streets, in the County of Hawaii, State of Hawaii, in accordance with the provisions of Sections 265-26 to 31, Hawaii Revised Statutes, and the Ordinances of the County of Hawaii. You are further notified that if you fail to comply with such direction for sixty (60) days after this notice, the County of Hawaii will proceed to construct such sidewalk at your expense as provided by law. COUNTY COUNCIL COUNTY OF HAWAII STATE OF HAWAII By Clerk Dated this day of , A.D. 19 SEC. 9.05 CARE OF SIDEWALKS All owners of lands abutting on and adjoining any public streets after curbing has been laid, shall, at their own expense, keep their sidewalks clean and free of all weeds, noxious growths or other vegetable matter; provided, however, should the owners have grass grown thereon they shall keep same cut so same shall not be a nuisance or inconvenience to the public passing thereon. 3-52 Any person, firm or corporation who shall be convicted of violating any of the provisions of this Section shall be fined not more than One Hundred Dollars ($100.00). }53 S"pl, T., C 0 E `C. P%10 'P,r-r-'r, on 10 .0,1. 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Cl 111% f'r o i, ,n th e C I -i, 1 e wr f 1-1, g *1 n, e e r o,:r,,, i OL' au ho 1 z e,r,::Jl T „epr es e n .y, ;gin i" v e -L, e i t `11 :.r'es-bc-,),re Ic.,)r ir",,eplace thi publ. iI c n, i j Cl")!Al Ar"�it,y P OT. .µ.,m< o n, e s, IL r,l r"', 1:01ri (Z" p r �`*111_ t e qlu 1 s, s, e C V'i. o n, s,, h, a al<,, e a, pi pl, c ia,t t"i t e e f o r "t 1"i e MI Ch c"f` E rl, 1 e e T,,,,,, nig ni a L ,f o 1::c,�- (e, Es c r,,]*- b e e,3 b,y S, a ,i :,J, E n g.i_l, n, e e r. S a JI �y au be 13', n g I_ Y")� r rr e sic,",",r 1,1171, SC')]_d t t'Y1, pen,"'r.il". e wl e vv,� or 1r, s -to 11'_lIr,:,,,, S U C 1-1, P,r,,,-�x rn s ha p._l, 1 l:I),,e, JL' s s u &(J, upon. the coi,,--ifc,11 lorl, s s,uL r",i, c c fof a an(,,,:,'J any, ap"pLi_can,t SE'�,GU,.r"A,A,tg ILI`ie issuamce of a pe,rm_Vl,, sl'i)a]". be (JeIerrrtc�?( toliave -L, e i t `11 :.r'es-bc-,),re Ic.,)r ir",,eplace thi publ. iI c n, i j s-t::r,ee,t-,,, J_Leyi, S s' �:iev,,),llalk w_- c,i`h�er pu,,"b i._c, P1 a c e, br o k en u p S "t U ug u p, di. rh 0 u njr:3, ( r i"i"'i i" i"i) e rz:l o r �rl i.,i g u n, d 1 oz: r ,IN 1, n, a s go,r,:)d Ic"I "I con, 1 t 11 lon, as il't wa� v,,rl-,i,e,n the O� v/ " d 2. S S ",amu C' 10 o 31") AAA Il"J 0 2 1) Ell"I IF", C -3, 1 D T'l-i r) E L C hvl (� f E n ne e r m a y, r e qt.,i i r e t', h a t P ti-ir, s s,uL r",i, c c fof a L pe:,r�lrri�_'* -L:� th,( nt a p P Ll,c` a"A' shall gIw i.ve 1 'b o n,rzl �i-i f'a ��v o r of -th(,, County, vihich stif,iiall be, a ca,s]-i suret,y cotr�pair,i.y, 'p,,,�ersori,alI, surNety bonl�,] as imuanc:l VG �C,;hiall bo,:,� I "In, d, ou ble 't, h (r) e s t e, ou n. o 1-1 'C' 0, S, t 0 ( I" e i-, ec i r 41 g o r re,plia,ci]ng -the. j.,)u,b,lJ.,Ic Yil*gl�iway, s t Y, e t a,,l,] . ... . . . . . . e y s i (,"I ev�vral k o,,T-" Pw placOk�.',')O il',n as gooc:'I, ,a co,n,dil,,-,:.:Lon, as, �,mvh,� i-i, tholD pc,)rml:ss,,,i.on CN P EC Ver 10,, )3 I F G,Pp, `171 U"�,J�" 1 ryw F01" RE:,S "',F OR F L U,",". N 'j"' S t a ni',-,:`,1 a, r c""i c i If 1 c a 1" 0 r7l S, 410 L ou, r,i, i n g r c e i i -t t o be fo],,., 1, owe d In• "t 'h,, c,�, st oz:,�, ,a "'t ,a (7:, t f,,-j,,n o r r e rn e n gh v I o f t he ! b I c 'h itay. s t.1a'At': et a 11-1 ey si ci W al. Ic, o, r a n y o t 'T, PU a, c c si 1'1, 11 rl b I c p I b pres,cr'i-be(�:'i by 't -,he Cht.11-e,"E' r, a r�j. f s, h a 11 b (n d �ri: c o 1) y -t hE�,,T- 0, 1c ep oin f 1 -IL e "I 1. 1, s 0 I'l, I co", Ew 11, a, ic op y th c r-,( of za 1 -so sf 11, '11) f"u, r n I" shed to eacti for a ("I cp I E", n, g th same. pcmju,"I"". t T, C. ' L , , s Ec's, 10, w, 04 F ES e aa vc) p 4 I i" ca r,rt f 'o,,:r(- t h e a f o r e m, e n 't:'L' c) n, (:J! 4, M, q� mlr� e C 4,1 1.1 IV"[ e 0 --'] MIA, 1")e red to pfay, al, �4c'h e 't 1 il , C I 19 f o,f tvv (c�, ri "t f "I V, C p e:t- 1, 1 nea 1, f o o t ion Z.'O' 1 c at y e n �t s' 25 W. ppl- C% At" f 1. F, o' r t 1'ie "t 13- �,,) , o , f ��ty f e e t o 1 e ss an, d t vvf,' o a',mc,, cz;� n, r - -a 1::.' c e r" t s pe"Ir Wwr®! 1, �f oot for a 11 , in Pip exces s of f if","' -Ly f ee-,-t orf t ha -L, S' 't 0 c u, L" I I tdy I 1 d i.,:i, b 1 J" c h " g I 1. )'v�,v' a y., dPv ""t r e et e y s111 dc-.,-,! w I k 1:1"i,ie fecl, sihall loe t, o th e a �r,) p 11 c a n't a(ifgainst Coi,'u"vty f'or or or wi y c t r c p I., a,,c e b ut i -i, o, f ee sYi,,a1,,1 be lec,,�,s -t Ilia rii. s,(-,,��'v rei n a n.� o'.r'i �c7i - 1,"ia I 'f dcxl 1 r s r-,,, ov i, d, ta havvr--�,'ver', tl),,at 4 # su c h f e e r iqu :Lr arr�',i, e n. �t s Y"i a 11 n, ot a pp ly :,i- rii a i' -i y c a s, e r e u n �ci e r, th e C on s t -t :i o:n o r lavi s f t h e Un * t i J--,, S cs', s °u h f 'e e, A I " d u r 1-r, �t 1-i a t n o c,' -'an r io-t le( ally b�e o,sf,'.d,* a,n,,r:'..1 pro 1, 1 cl�' P S v - fc,"e, b�( ic 1N;hNDt-e- the only viork 1 ug the + set t. :11' 1,-I,g 0 f, pol e s d g uy s t o c a r r ;SII dN c) vve r 11-, e ar,-] vj,' *1 r e If 't h (z a p 1� ij i c t' " on p a 1 :L s, n, c) a pprove,(:3, 1:1"i,ie fecl, sihall loe t, o th e a �r,) p 11 c a n't a(ifgainst Coi,'u"vty f'or or on, accout-it of, anq, SEC,,, 10�p 05 1 N11%,11 17 1 C"P�' "'F . . . ... (,')' 101" j - I PNI'll T 'rh (.:2 h 1cl, e -,'r t a cf u r b y�, S,(,,, c, 1 1 ��f y zi, n d a� v a, pcn� rm, 1''. " s 10 ., 0 1, ili!,all ri (J "? ti.arml e s.-, s, ttrae Coui)-ity o,:11" lrlavvla 4 off 1 c C)'r S, ncl agr n ts -th,,fc',;),,.'z.',,e,of ,"a,, all I c 1 a, i,., s, d n cl s s, u. a c "t, n s, �t- oc e e 'I 3- C, i, n g s "(':),F J v c y n aiy"j, e ha fc ra c t e- an! d *1 s I 1-i i r"' 1'.1 p t �-,L 11, 10� �3 111 Y b e b 'r ou a(ifgainst Coi,'u"vty f'or or on, accout-it of, anq, 1 i-iju r',i e s-, 1 2'., d au "11 "I C Hm to ar')'y pc�,i:-son, or PTWOpel-",,"-ty ;"I ."'1 11 C �("I' I n,y U q"RI p (-n%:,ewm r,,, -c o r -i b c), r ii-), c c) n s), c,,(q'TL."J o f �.'i c or ,a c ll.'s o f" f ct d p r"r'n,, o VI Ol- Ila] cl L�� A n C! u n cl :r, r, 'n 3, a pc.�'-'rml' n-valk, r r-C N El S), hzl 3 1, u s C'-"�% Tlfi, e h, o, 1 cl crw 'I", I A evc�"l,-y prc""'�Cau-t'.'Loll C' s" L C, n,ti. o r�, g a c,'] i, c 1"i. rf�, e tli,e sa f e ty of tr Pu, Y-), 1, I c Z111 n d s 0 ic""'I cll,,4 r a. C" b 11 c s s h oL' I d an, y c c u r a r'i y IF) 5 S, C' t), shal 1 haV E 0 6 PE -, I'l- 5s� t n t o t In -t'." s 10, d a j,",) e L I ca b �Ilta c C' "10 s a, c� sa w.e, t o r e r c. z CA rl:-',' c s t:z., y elvv o, ai-'�.cy c,),th,f�12,3r pt,'i b 1, c p r o vll' r7j .'17" c7i ha, 1w. s L t e, s s h F 1, b e L'I" a b, 1 c za, p ar"i a 0 I 0' n, or or, c h, a �f v (,z�l LE), ol),-$f 2 o r "f� rl't Y'-' f (DU cl I, e -'J� Q U. r s vel�-r�y tw"", hrz. 'I", I c 0 n -o. c -I e f a',LI I.-P,hrwry ta n, ur,-(,, +,, ;C "t- Yi s, a- c✓ 0.1""� C" r I a c e t h, c a t t hca ca x p c.n. s o u c, h p irs o n a nvcl s ��u -i -i, "r. b e ,I. i, ab J "t -i e, ',�p f O'r s uc 11'' 0 s -L"' 1 n' a dc."ll I,,,, co c' y 'I- c rl re" a'y S%5 E' c 11. DiR I V Elll AY S SECO, 11.01 D E F I !\,117`1, 01%1 S Fo r tli, e,, u r p o s e o f -t I'l i S E-;ectio,l,-lj thcl, folluvi'lLng cJ,,efl_t,:i,,o,n,s shall apply to thfir_ ?s,e words,41 A A, DR I V MMl Al",,,t" -A P,lz,,,ijc,r, i'Li-i pra,,val:e o,',',r publ:i c p r op er, 't, I/ �,a„ I 31L fo re o , e ation of at.vtomob I -es and, octlier vel'i"'cles., p rr i r e -r a c t B D 'R, IV IEH AR PR OACo"I I Ar") �. r P c 0 "1 k S t, :r."t j,, o, n o " fc i'Ll J, be t we en 't h on.. il- o, a d, w, a yo f a publ *1 c s t:rr e e t o il I'll r b Li c p r o per t 1 gh, w a t�� a nA �pr,lvia,te or w y "r'i,t,(,:,Pded to pr o v,l d e accles,�-_;, for velllicle,!-,,'� roadway, of a 'p? u b 1, lic s t:r.,, e, c.:, t or, to abli_li.,A�-".ilng property. "Fo r a drivev,,tay approacl-i musl, c)rovida c c e s, s J o rt t p d,Li c SUch as a areaY la o,,,r a d,o,o r a- -t P ci -If." ol r t h e e t r a, d a i,�i d s ez s t 7 ' f e e t wl, d, i n t, lc.,.,, i"id C�' ,of p z -a c e c a p p r o x t e 1, y 2 2 CUT B ikC E A, s in, vvid,tvrexr-e an, i..n lengtcoa h n c.3 F7 f e e t 6 1, n c Yi, e s, h h r -D D DRIV'IEWAY AS)PROACH' A drimeway approl�,,,ich shall. be cor,,isJ,,,,,derec3, abaincioned wl-ien its use beel'n a defl,*n:*Lte on, privat,(,;or publ,i.c property,,, slu,ic"l-ij, s a Jrivnway, or a', door ant lea,st 7 fO E�,` t, wide, iu,teir-ideaid @,nd u,F.-,,e:,Lcles, 'If N ,SEC 11, 02 PERrill4l"T REQ,,1j,,JIR,,'ED, it, shiall, be 'un.1-t-:imful, C,,`;,I f i, i";,,ii 1,L) r c o r p o r,at oln, t o c onc, ��t, r u c t cJr I".. v Wkon Y, lap,� &n y per IcS., io 1, r ro,@ c h a cro s any goven-igmen t r o, f way, publ, ,le al, k oill u t L c, u j,.,, b, f or s u c h, aa„ s t 1-1 1 n, g o, b, t n,e d i t tj r p o s e vv- 1 h o u t 1iavl 1 erm 1. A -,,,pa),,,rtmei-lt of Pub! No, therefor f'rcrrn, tlie C h i.( f E,1"l, g ftrwk s o r l'i, 1 s au t h o rii. ze d, repre sen ta t i've mm T I S,E C 1],[, 0 0 3 APPILI] 0 011' AND FEES A L # p "i, c�, E 10 r"I . . .... Or U Cd 1-1 'ii"ia- �d e t, o t I -i C"I e, f ., E n g "i ri si-i,alI stat(c-), ari: 'vrg 11 1 e:r�, a � s ed o,t fl' -i* p ad,e and ; of" iva,y, c3,pprcI,c,.-,, -i z dr, ive v idi ai,r)d th,e, piirposre -,o,11, 1 --*..ch, it 'i ,is des."ired', I f t.h,(-.;j P`ropose,d cirive,vvay, approad-li corr",tpl',ii,,es iovith, Or"Ie priovii-sio,n's of th-IS, S(2 -c -n -,H',�ie Cl-,ii�1e,f Enginee,r s i a] a S, S1.1 e, 'a p eh e r e, f o ,r 'he fee f,c)r tYie, per.mit, herE?Lr-bovNom, s1laI.J. ber, the sum of Sevieri anci 501/'] 00 D(,,"AI1EI:rS (,$117.50) wI',-i,]*I.,ch s1ic'- 11 bcz, p,aya,ble b -q fli,e oveun pp*..C:('O at tlr"i,e, ta".,,,m,e, of tl",i,e r: -L, 'Of t"hi, sai-A, pe,rmlit. E,,C, 1�1404 S TA N', D A PM S I IS " ." Q S ) �FD I RI ".fVT VV AN JAJ,-&-C)ACH T A PulAKIPulL TP4, WIII, DT 1 .1 111s,!"o drop cirive,vvay, shia] I exc'-,,ecl ,06, n d-" ", t 1-1, Ttv o d it 'IWC eway's mu I h "t,h,;gym Vfu n mr fXw . w,,i,,,,dth p e rtt'i, t,6-�,d o �r-il, y 1 f 't hc s t,,r e e, t f 3�-- o n, t a g, e f or a,,r � ii. n t r, 011:11 10, t 11". S ,106 f e e t o, r o v 4u m^r o r t, h o., s t, r e t f'ro r -,i ta g, e f o T, C -U r va -tu r e a, corner Irl�,ieiaslire(a fr,ojt,�r�i -tYie cic.''Int o ta,r,tgenrcy of' -Lhc--,� CIL-Irb ci,,irve laine of tli,e a, n, Ing Stree,ts to adjacent I o t bo, u,,ri d! a r y I ine 1, s- 11-9 f e e t o,ii, ov cj, r, The cumulat-ive w1i dth, o f id ri, v e a y a p p r o a c. o, ri g a n y "0 a] strelet frontage, sYi,all, 'not -exceed 40 per ccm-tL,,urn of the street fron,t,,age, o,r 36 feet where only, o,ne drivc:ma'y 1ILVis, a1A..,owed', o,r 72 feet io'he'--re, two dra-vevorays are al,lowed, vj- h 1 c h, v, e r is, larger. Driveway Ned , t, 1-1I V e ei- su r e d a t, t 1-1, e, c)u t e r o r W Bo, L C AT I OIDI 'W''here 'inr)gorr than o,ne dlrimev),ay appr,oa,ch on ,a fror) t serves a, lot, shal,.! be at leai,st 30 'feet bet%v(�en the cli",,iveway C# LOCATIC)N OF DR-IVE'VVAY POPROACI,"'i AT IN'T"ERSECTIO141S A -,t "l."us, cti-rve, are 20 f"o,o-t, r,ad,.,* 1:1) k= 'h 1i a 1_1 t .'mmi-:1.w.oviy app.,'-ocac s I -11D I d 'n, o d i,,,- )-long tlie CUr`b ci,.,ilrve lilr"I'llic, 5 feet f'rom po,ints Of' Ulrvaturrc,� and,/ar tainger),cy., Vl'h e r e.,�, "i� ow f- v e,r, L,ons, are, 30 fe,,,et 'h o a t s, t,,r e cm, t i ri t e r s ec t' t , ra,ci lus cu rv, e 'L, ,or rri,,orral, dix''iLvelovay approaches may be coilstriuctecl f'rom t iti.,i,,,,re at,�vd/clr ti rigenc.,y. (-,,.,l 'voi,rrt of CUrvi. DP N E D DISTA14CE BET,7VITEN DRIVEVIAY APPROACH AND P,PLC,, E:IRT c 1 o s e r, t h a ri, 2 f e, e t t o thi, e e x n s JL ori. o f' a, r'iy p r,o p e,r ty 1 ji-ri, e d i v,. -i* �cl, i g 2, � x c e p t wli,,�e r e t, h, e fi p, r o p e rt y froi-itage is;, ',I,ess, tl',ia,n 20, f,eet, ji,lln wVii. ,i',,,c,,h) c.,,,a,,s,e ,th,c, flared orti-or-i, n,,ia,y exterid be-,,,yo,,ii,r,,J Vie prrc),pe,,�,rty line ,P 'Viffiere LI-1-11.1si-:ial c I , 0 1`1 *,L rc LIM, x,i s, t e, xt e, n s st i�a, n c e s re ta ted t h e rrn,�, b y 't he j_ngr,c�,ss zm,d %�v,ould 'be faci ,l i Ch N e, w, a, y cpi p p,.r- o a c h,, i ct f E n g 1, nee r m aa ;� t 1, o r im, z e E, c o n c_i. 1. lk, 1 1p, I "' I ic a se �t )), e 2 - f o o tF 1 rrl a p P I- y lop ig -for two dar i v ew a, "y s a c o, mffion, dz,i*veway, approac-,J`ri sJ-,ic-,,,.il,l ,count, as onie,,, of the ''v C":? I" a Y S E* STREET STRUCTURES1 No, dri-veway appr,oach. i.nte,ripre *1 * t with mfa urilcl,Pal cl I l(.1s, such, as P f , ixe—al-arm. sup,P ort's u, if d e o Li n d , p -i p es ox -, du ct s o r, , I "rr g,3 o,ther necessary strieet structure -,s.., If' a propos,ed 1, ng s lldi,r iv, evvi a y a p p r o a c h, -i .7 nt i f e� r e s w, "I t h a n ex,' 1. S, "t treet stv,.;ctu,re, ti -ie pro,pIert"SIN own,(,,,,,�r sl-,iiall be,ar expens,e olL rlemovirr'ig, or re,loci(-.itl,l.lg .1;1 Eli *1 d sc, t r u c tt-j, - d%, e, 10 e v r if p �i-- o p o s (-,,cl s, t r e,(. -1:- � t s wifl-i, dl.,-Jveway i,l or t,,he spec,ifa.c s appro,ach, tl-ie County 1--lawaa, ag,r,ncy shal][:, bear t,e expense, of' re4.,rrl0'vl*,r)g,, aI III �g s a d, d.t- 1 vevvw, a,y a p p t, pa pay, all darnagr,-,�s a,cc.,:r,.,,uinq from, sti,ch cl,ianges. r f'e i.- e w" t F . C, UI.,V,',E,.',R'T,S No (Jxd`,,ve,v,a,y approach 1 n t c t h, of P� 11" 0 f) e r r Ll 1"). --o f f o, f s u ,. - r- f,"a ce w a, �t e r s, i , n to u V 0 r p -,i- n g d ra in, @ g e c,- "'-I-1 e s s, a g"', e of w a t e r t'l-i r o u gh,,t ex'' ,E)" t, vv co �.j. r sz; e s rd, rcre s o r d e p T.",, e s s�, 1L. 0 r',,rS 1�iV, I -i el re *1 n,,, n - i e p r ol ce r I'l."I c on s t r u c t "'1'. 0 T I f cl c ,i vc. virk, y a p p,.Ir c tt p , I - � I c 10'ril'ilcE, r uc t, 1- o n c.), f a cu Iv e r oji-, cti, 1 ve r ��t s b e n e a t o r h s u, �c li cu 1 v r o, r i,,, v ewa y p p ro a c ad'alcen't to the dirp, ,' 3 n d s p ec. *1 311. c a t .(D f IEg d. I".E? C 0 ITITi.,i e n, d e d 'b y t h. e C h, c ,ec r SEC ,I 1 05 OF BUILDD,"IG PLANS Al.- plans 1 o.n� submil-tted -to the, Btila El Z -Al U 0, f Cori ai', id In, s p e c "t 'for a,ppr,lc.),vla-,,,] vrimic,Y) incl.udeor imolve dri''VED"Ic or, fir. oblei'.ns, o:r whl"Ch, 1*171C.1",Aide or invu,-,�Ive tl-le iincyress or cargrie:,ss to and from thc,,,�5 goverr',tTirilent rig-lli't of wavy, pliablic dewal I shadl bc, ref,e,rred 'by, t] -[e sa"d Burea,U, Of Buil-diLng n g,a n e i s a p p °1)U ,v cbn S,tr u c tl 0 101, a ri d lr"'l s, p o n toll Cl ef "E er f,o,r li,,' IVEWAY A P R 0 A, C*1-1, 11 .0 6 P E C ONS TRU C TI ON' 0 F ABANDONED DR ng Any" abandl��ied drirye„ way appr,oa,,,c,7],i,, on at-,iy, street wi,t'hil. a cui"�bi shall be by, t1i:,e o%,%mer ii-d"o, a sidewalk 6 momths, of Augusst 20,, 19,56. Ar,iy, d,ri'veway approach� abandon,ed a f teb r Au g U, s t 2 0,� 19 5 6 l"', 1, bE? reconst:ruc,ted by tl-,w ow,ner wj,th-1,n 6 montl'is after 1'.ts la,bandoi,-'iment. 3 -6 0 0 1 i walk,, bEC. 11,07 S 1 X11,,_1 s de K, a d d r 1", V V1,1 y El p p r o� a e s c oi-i, strt,i c t e,(J t,,), n c] e'll, T- 1-1, Is S 6 c t, lo n s h a 1 -1. b W ,i, n acc o r da il c e wi. t "I"i, 1,c3, ta, ir:i,d air d d r a w.J,,,-r-i, g s o n f 1' 1 le .10". r"i 't �,i, e, of f Of 0 1� 1. Ic v t he Cl,t 1" ef E n, g,,:1,,, ne D P a, tn."i et, -,,i t lo, f P ti, bll k, S cI 11* 0 81 VARIA1,4,'CE IJ i' -i u s two la, I. c,o Y -i d i t 1' o ns # Tlil le Cou Of Couf-vty of 1-lawaLl mayl bv�,r grant vr.,):r,-`jLan,c(-,?s f �,,,.,he pr�ov c; o f t h 1 s s, ec t "J"." 0 nd 'r o m th e s,, 11 r, ,.* c t pl c a n of P 'I le d f r s t, e,, t e zifte,r wi 'the Hiav,,�ra,]l P r, ON Colunt, y P1., a n,r-i, ri,g Co m t 1-t a t t, Yi e ISS10 f o 1, ,1 o 0,11, d is. lt,,J. o ns, a re, A 10 e e, x, c le p t 1" o n, v, la r z:i fl�i, c le d c,�,S I' r ec.3 a r1l s e, s f r o in p le c u a r phys,1"cIia l co, nd1*-.t_:*L0r1'1,1 not ord,iinia-ril'y c�.,X11 91 W, st,.i,,,.n,g d 1 tr`.cts; 'n �Lhe c3*"1:-F1 co, ns ird-( :,,,,,rJ`- n g h e n a ��Lt,l e, o, f tl-ii e, busi-ne.,,,raw s of" the Bo Tha,,,t thlc-s cxc:,eplt,,,,.i,,,,bN c)n or vt.,�:ilria,rice i'Lls not t l'i e D U b I "I" I., ,l n t, e r e, s t p a r t I' c ula _T1 Y s a f et 11'"I tl c y, c c�) uiM n,'v e, r,�i, 1" a, n,,d g e r"i e r a,, 1.. we .1, f a r e 41 c Th,at t h le g r a rit 1' r -i,, g of t, Yi�e p e rmi t 0,,r -t lli e e x,c va, rl-.,ice_-, o e. aect 1 j -g S o f P n d Property owners or tenlar-its le te:rlm s o f S T 1-�i, a e c t # , ` I S 0-- c t 'i c,n wi*11, work h,,@,rdc-J1.1p and prcl:ict- "udty on, tTie pro Or 'tenant. S, "U'Ds,1 ell h, o d er o f E c 0 q 1NDEN6PN,I 1'ICAT ION OF CC, 1'Y a pe,rm-�it as re(j,,U,:]".re1cJ by Selctioi-i 1.1,02 skr��izll save h.arnil.IwiJok (-ss tll COL,11,-Ay Of J,-,j,,awai'*4, .1-ts o, f" f ai-cers and, ag,e,r-).t�s from! all, i. o r -i s lo, r pro c e le 1 t -i -g s ow f le lv,c�,,� r y namre t s act * cl,a 1 M S, de i"n E0 i n (,J U, d character ancl dc:�s;crl t-1.0,11), Whicli, may, be broi�,j,,,gYit ac.:�,al.,,r1c,"t the'fi P Z) ,j Clo, u n t y f o r o r lo, n a c c c), r�vt o, f a r�'l, y iL n yu ri e-cs, tc.,�)zr cl," i-iri a g, le t c) a iri I , y person or, p r o ,Ma". e�, r, i. v T�', ec mu'r. (E) CI 0, r SS U ( t a n d by r,,i,y p e. -r,,,,, s o ni, y', c),,:r,, i., t -,i le, c u c''O'nA ".., ,,, ",,,I 7,"zi�,rc o y a c t ol ac t s, o f ,Sy., Ii, e o,"I de'r o f s a ,i d", P erm 0' t o w o:t-,k, d on e ur'i dde t h rm al, The holder of a le F.j! cir] I%, appro,i II appro� cl-), or reconi-structing an d, Ivewaiay a a a S) I, devlralk shall u:s-,e e,very pre cia'u tion as to barricades,, lig''I'As ai:j"),d vvatc'hmnerr"I for O"'ie slafety c�f tYIe ublil"C', Evrld, upon cot'napleti*olfl, "P of Sal"A', cot"i,st,ruction, or, r(cor"I'struc,ticm, the per,,mi't hcdder sha].-I y, street, restore th,o--,, gover�,,)Iment rig'Y'it of vvay, publ"'ic 1'-12. ghw,a S 'dowalk or i.n a -c; gc-,,�,&ci a condi'tio''n, CIIS, i - t vv t a s w) -ii, e n t he 1 , t vi a d , r,ici t h t, n o, e b r "i, s m, -, t,, -, , �, * 0', S �i. �,,; s u ec , I a 1111TI I,) el, ma t e, r al s, o ir, eqUi..prrner"t of' k, r I! "j, an, <incj SI- by the be left, o.'i'.'ic il vc:vv � a, s,�.i,&) i d r 'i, , �J`�', � Y apjt) T'o 3 11-wa y, g, o, v iiie n rpiu� I gl"A, p^/" f vil a y b 1 I ;-treeti d, c,,,, w a I 'k o r ' c C U r b Fs; o a s t o c o r, -is 1"', t,t ite a n. d u p o, r,it c o n v c ot-i, s 11, a 1. 2. b e, f *1 n, o, t to 1: -I -ie. cr,c,-�,atio,ri of a pedest,rl.Fin or veh-1'*ci,,i,,I-ar 11. 00. 0CI,' fo, Yiazavrd, a,,n,,d tl'ie .s-aicll, b e.I b]. f o 13", a. (Z., 'Cwo L Z; , , 11 9 -LCN-,nts- shoti],ccl ariy occi.,i-r '1 # OP �S EC. I, J. 0 P , E NA LT I E An, y 'pe r s o r -i v I"' o 1 a t i. n, g a n y , f fl,ij e P -Iov 1 1. 0 I -i's is se ior-,i, or ciausing,,, p.,r u f'f'e r,1 n g S o f '[I �, c t, * I i n o,i. e, s a m, e t o b e do n e o, rn y p e r s o r�'i rv,h o s I -i,, a� 1, 1 h a v, e, o b t a. i n e d a i, s s el o n tz, ve-M ,approach, or, cut the curb accor1d.1`,ng t -,o t" he standards, and pla,ns and spec,if,)Lcations recommended by the Ch,ief Eng:i.n-eer as s,et for -U,), I'M Sect,,ican 1,1#04,, fi,ereof, I,,)e rg''u"Ji-It'y of mIsdeme,,,,amor w a y, a n. d u p o, r,it c o n v c ot-i, s 11, a 1. 2. b e, f *1 n, o, t im, o re t ha n On e J-Iur-t, d �re-d Dol 1,a s 11. 00. 0CI,' fo, r t h,e vi w o r�i o f Se c t, 1. o n 1 0 2 'he r e o f a more t1i,,an, Fryrenty-Five Do,l,,,,,Ia,r:s ($25.00), for ev exy tw e n t "y - f o,, u,, �r I'i, ou r s t I i, t an,,Y ot.1-ier vi[ol'�".A-on or defa ult s ha, 11 c o n, t,2,, t"i u e a,nd t 1) e s a d 1 C h,,]*. f g i ne e r, rn a y aft,r:,,w,,r 30-&, y 'notice to t'I'"ie, sai)(i vlo I a t o r o r d rc%, f zii u Vim,- t (,, IiI, �p c o n,,,s,,,t i," u c t tlii el a, 1, di, dAr 1 "v, RVQ w a y, a p 1"Fl, p roa, c it 9= ol r c ut 1" n tl'i. le c ui, r b o r �a,n v o, it 1-i, er, va, rii. gym, r o r"n tfn� e s it." a n a rid n s a n, d Speci lif, If c a io, m s le 1 0 4, 1 1 se, n, al I o r t n -LI-il c t'. I at t hi le x p ( r -,i s e of s ,.j c h j:> le r s o i - i, a rr-i� d, s t c h Win, le r�, s lo, n b e le f o,.T.- s u, c h c o s t I".w n a d, d, 3L It 1- o:n o flile ,v a o n,,�,,, s h,a 11 1-1 a ��v, el, t hi, le,, 'r',ive a n '^„ 1 icleliny., W, 11-i le n, n o t p,,,d e, si t r J. u- it r or grantm( con,t(,�,ixt, wor�ds permIA S-li'a"il, not 'b le du, le em e orI co,t'istruiefit to b,e a perr,,riit -f�or, o,,r Ii.n (Appr,ova l of''p n- Ily lany way, the pas,,saige, of veahlcular or, p;.,,-.--.,ldestjrian triaffic,, U'r ille'S's stj c h, o b s it r u c t,1, on 1 s s 1 n g,u I a r JI-, -i, ic i.,, a,r L w o r, (3, j t Yvrc,--� R S E C 1"1-2. IJFIO�vf 01`1 OVE,Ti IS EC '1 121* 0 1 ,D E F I N I TI U,4,S R ), r it h le p u r P,oS, le s o -l" It Yi 1*" 't *I selc J.-on, -terrn!.;,,,, ph,ra,s,,0,-,,,,s,,, 'V140I`ds 61i,.-id-O"'ieirderi, * 090 ,v a o n,,�,,, s h,a 11 1-1 a ��v, el, t hi, le,, 'r',ive a n '^„ 1 v Cl!n, verel 1,) �n, W, 11-i le n, n o t p,,,d e, si t r J. u- it r thc:,� con,t(,�,ixt, wor�ds used in VI pi,.,,%1,e,!.;.ent tiense ,Al A .1n,cludi,,(,,:� tf�,Ilcz;- I tu r le vlr o, r (I s, phlral j, c I r u (1, 0 le in lany way, the pas,,saige, of veahlcular or, p;.,,-.--.,ldestjrian triaffic,, U'r ille'S's stj c h, o b s it r u c t,1, on 1 s s 1 n g,u I a r JI-, -i, ic i.,, a,r L w o r, (3, j t Yvrc,--� 1, u; 1 71 Ll m nig a r I b e i,- n c lu pI u, ra-1 n ti,,rm, b,e-,21, III A. P le:r, s, o p ra r�, s o',n fai. r rn c o r p a it 1-0 - p arl t n, er s, p g, 1,31. "R.oadway" shia]".1 im,ea-n any, public or private st',rieps,,ti ar'vur c i' -load,, all,,ey,, Migh"vilay, lane,, pa'i or o�t;her plac.,l locat,e,d :L,r'li, th,e, Count.y and for, thle of and11/0'r, p,,,d e, si t r J. u- it r SEC. 12. 02 OBSTRUCTION ACE10ISS, RCADINIAYS TO BE CIJEARLY, V'I IS 11"IBLE r�; pc�,r, s,- o r"I n s t al 1. o r p.1 a c a n yt h, I n g v,r 1 c f-1, protrucles 'LJP,0r1,, Over or ao-,,crcs,�c i a roIEidway so, as to ob�truct-,, in lany way, the pas,,saige, of veahlcular or, p;.,,-.--.,ldestjrian triaffic,, U'r ille'S's stj c h, o b s it r u c t,1, on 1 s c i e ar I y- v I IC1 :11 b e s, o s, itc, g 1,v le r e, a so, r,,i a e wari-i,:mIg to (all tr,av(',lers Ij,, 0"'iat the cou"Irse of thcnai- travel I'S ,ob,s t r u., ct,e, d 1. 6 SEC. 12.03, v 1011. A,"r RIJ AL TI ES A r -,i y p le r s, o n o ,c v 1 ol a It e s, It h, Ji., s, s c,, 'L o n s 1�ia 1.1. b e gu, I-] y o f a r, n�,, is, d eme a no r a n s 1-1, a, 11 ot it 1 La J I= ° ��. SECO 13* USE OF SEC. 13. 0 1 ACIII IF R( H 1 B.1 ITD wag o n. o r A., un. It all Y:), cz�, t,irn. 1 a w f u J., -f o, r a n, y p e,i:-s o n t o dir a w, c,,,1,r,,a 19' 10 P''Ll s h Io, ir., o -Liri ervr 1, E; e tit s P,o r�, a n, y 41 u rti be., r o r co m b.1 n a t1i 10 n of' I rrA.rn6 Irt ar,iti oth(-,,r uu any plow, Iria rt-ov,11 raw cultivato,-L- oi- ol,-11--ier agriCL11tural or otl"'ier M, c 1-1 1-11, r -,l e o r p a -L 0 f c" ""I J n, e u p o Y, pu b 1, r a c r o s s, a, n, y 1, C .r o a (,J, or li� cl -i,, vi,III F -,i y W rimt 't 1- cz� Go u,,r,-,i,, wul t 0 , . y o f HaI a,l 1- 1. 11 c. u h, a rrIi a n"e r i, A" tl-a c s u h d,r ,a w,2. r-ig If p u,�,;Y d r a, g g,.,i r -)-g r, i, Ci -I V :a,t-`ori s,all " 'an""Y' mat-tnei�,- V scrc"",rtI e,xcavate or daynage a,n,y, port,ic)n Of SLICII-1 ror,,id, o:i-- 1%1-1, B. It shall bea,l unl.avvful 'for ple,,�rsoii uwr'i,ing, v,;,or,k,-ierr i,g 'UP, 01,11 ("1 "r- 1 "V i n g p r o p e "111. 1 n c�� 0 r c 1, -iarge of ar�iy wagon, ca. r t o N;: o t h, e r w 1-t e,(-,) 1, e d c o t�'i v e y, cl n c e, to, p e ru'r3l, t It In, e p o I ec -ie c o r, -i ten t s o If an y s u c c a r wag o n. o r o M-Ii� e e 1 co,'I'vey'ance g, excepti'"t e e s t o r, a g or t, ou cli,,,, d2 c onn e 1 i-i� ic o i,,i, t, v), a c t I t a ny, d p o j,-,- t i c) ii -i, o f s u c h. h J. g, h w a y, or r o a, d .-L' n, s u cl-i, mi,a n n cz-r a s- to scra tch,,, mar M e,,xcavate It h r o,ax, zl o r P Li b I ii c l'i i 'mow h,%ma y S'F-""*',C 13 1. 0 2 P ENA L TY W'Yi�, oe v'r,,,, r s h, a 11 v i, lo t e, n y o f It he pr,ov,i,s,1.o,n,,s (,,),f !S-.,�,cnc-t "ion 1,35*01, he.i,�,eof, sl-iall "be, fin,;, -A a Z),um n o -It e.,xice-edi"T1,19 '011ne 1-1,t.;ricired Dol-1ars ($ioO.00) 1, n the disc.ret.i.on of It h, e ma g 1 s It r, a t i 1 41, W, '�Ii c - � f o r C o tl r t h c,,:,i v 1 n, g j, u r 1 s, d i c t o n t it 4 SEC. 14 TEMPORARY REPAIR OF CERTAIN ROADS SEC. 14.01 PURPOSE It is the duty of the County of Hawaii to provide for the public health, safety and welfare of the citizens of the County of Hawaii. In particular instances the County has maintained roads such that the residents serviced by those roads have been led to believe that the County has a responsibility to assist in the maintenance of those roads and such maintenance has induced public travel on those roads. It is, therefore, necessary that the County provide for the temporary repair of certain roads for the purpose of alleviating road conditions which severely endanger the public health, safety and welfare. SEC. 14.02 DEFINITIONS A. Roads. Those private roads that were previously maintained by the County of Hawaii prior to 1963. B. Extreme Deterioration. That state of road disrepair which severely endangers the public health, safety and welfare. C. Chief Engineer. The Engineer as provided for in Section 6-2.2 of the County Charter, County of Hawaii 1968. SEC. 14.03 CHIEF ENGINEER'S DETERMINATION Upon written notification of extreme deterioration of roads as defined in Sec. 14.02 A, Definitions, the Chief Engineer may make a determination as to whether the roads are in a state of 3-65 extreme deterioration and whether the County of Hawaii, in the best interest of all of its people and as a matter of public necessity, should provide for the temporary maintenance of such roads. In making this determination, the Chief Engineer shall consider whether the effect on the health, safety and welfare of a substantial number of persons and the effect on the County as a whole are of such nature as to warrant assistance from the County government. SEC. 14.04 SPECIFIC CONDITIONS FOR TEMPORARY MAINTENANCE OF ROADS IN A STATE OF EXTREME DETERIORATION A. No maintenance work shall be done by the County on roadways which are so marked or delineated as to exclude the general public. B. The owner or owners of the road shall be contacted and consulted, and a maintenance agreement shall be entered into between the County and the owner or owners. The agreement shall contain provisions as to liability of the parties, public use and occupancy, cost sharing and such other terms and conditions of use and maintenance as may be agreed upon. C. The maintenance provided by the County under this Section 14 shall be only of a temporary repair nature. In no case shall any act of maintenance by the County be construed as an act of ownership or control of a road. This Section 14 does not sanction maintenance of private roads on a continuing basis. 3-66 D. Under the terms of this Section 14, the Chief Engineer is authorized only to provide temporary maintenance to those roads that were maintained by the County prior to 1963, as defined in Section 14.02 A. E. As authorized by the Chief Engineer in accord with the terms of this ordinance, temporary repair shall consist of repairing roads with materials of like kind. F. In the event of major improvements of a permanent nature as determined by the Chief Engineer, this Section 14 is inapplicable and improvements are to be made under Chapter 16, Improvements by Assessments. 3-67 SEC. 15 ACCOMMODATION AND INSTALLATION OF UTILITIES ON FEDERAL AID SECONDARY COUNTY HIGHWAYS PART I. GENERAL PROVISIONS SEC. 15.01 PURPOSE This section prescribes policies and procedures for accommodating and installing utility facilities on the rights-of-way of Federal Aid Secondary County Highways. They implement the applicable provisions of Sections 1.23 and 1.27 of Title 23, Code of Federal Regulations, and Section 116 of Title 23, United States Code, with respect to the maintenance obligations of the County thereunder as affected by the use of the rights-of-way of Federal -aid highway projects for accommodating utility facilities. They also implement the policies and procedures prescribed in the Bureau of Public Roads Policy and Procedure Memorandums 30-4.1, Accommodation of Utilities, dated October 1, 1969 and 30-4, Utility Relocations and Adjust- ments, dated February 14, 1969, which are hereby adopted by this reference and three (3) copies of each are on file at the Office of the County Clerk. They are further established to regulate the location, design, and methods for the accommodation and installation of utility facilities on Federal Aid Secondary County Highways in the interest of safety and of protection, utilization and future development of the highways with due consideration given to public service afforded by adequate and economical utility installations. This section further establishes the conditions governing the occupancy, use or reservation of utility facilities FM all to the end that the highway facilities shall be preserved. SEC. 15.02 POLICY STATEMENT The County of Hawaii recognized the utilities' respective franchise to occupy the rights-of-way of Federal Aid Secondary County Highways in providing essential services and commodities to the public. Therefore, utility facilities may be accommodated in the Federal Aid Secondary County Highways rights-of-way provided that such use and occupancy does not interfere with the free and safe flow of traffic or otherwise impair the highway or its visual quality and does not conflict with the provisions of Federal, State or County laws or regulations or the provisions of this section. SEC. 15.03 APPLICATION This section applies to new utility installations which are to cross or otherwise occupy the rights-of-way of active or completed Federal Aid Secondary County Highway projects. They also apply to existing utility facilities which are to be retained, relocated or adjusted within the rights-of-way of active Federal Aid Secondary County Highway projects. They shall not be applied to a minor segment of an existing utility installation in such a manner as to result in misalignment of the installation or adjustment of the entire installation except in those cases where a hazardous condition exists. Where such hazardous condition exists, the County or other highway authority shall initiate appropriate corrective measures to provide a safe traffic environment. Where existing installations are to remain in the place within the rights-of-way without adjustment, the County and utility shall enter into an agreement under Sections 15.05 D and 15.09, as may govern, or existing agreements in effect at the time of the highway construction may be accepted, or amended, as may be appropriate. The application of this section on Federal Aid Secondary County Highways shall be limited to County highways within the designated Federal Aid Secondary County System which were previously improved with federal aid funds. Existing County highways within the designated Federal Aid Secondary County System which have not yet been improved with federal aid funds are exempt from the applicable provisions of this section; however, it would be desirable to apply this section on these highways. The provisions of Section 15.05 C of this section applied only to lands described therein which are acquired or improved with Federal -aid highway funds. This section also applies to Primary Type II System developed to implement TOPICS. SEC. 15.04 DEFINITIONS A. Active State Highway Projects - Those proiects for which any phase of development has been programmed for Federal -aid, County or State, or both, funds and 3-7 0 the County or other highway authority has control of the highway rights-of-way. A project will be considered active until the date of its final acceptance by the Bureau of Public Roads, the State and the County and thereafter will be considered completed. B. Arterial Highway - A general term denoting a highway primarily for through traffic, usually on a continuous route. C. Auxiliary Lane - The portion of the roadway adjoining the traveled way for parking, speed -change, turning, weaving, truck climbing or for other purposes supplementary to through traffic movement. D. Bureau of Public Roads - The Bureau of Public Roads is now called the Federal Highway Administration. E. Cap - Rigid structural element surmounting a pipe. F. Carrier - Pipe directly enclosing a transmitted fluid (liquid or gas). G. Chief Engineer - The Chief Engineer of the County of Hawaii or his duly authorized representative. H. Casing or Sleeve - A larger pipe enclosing a carrier pipe. I. Clear Roadside Policy - That policy employed by a highway authority to increase safety and traffic operation and improve the appearance of highways by designing, constructing and maintaining highway 3-71 roadsides as wide, flat and rounded as practical and as free as practical from physical obstructions above the ground such as trees, drainage structures, massive sign supports, highway lighting standards, utility poles and other ground -mounted obstructions. The policy is also directed at the removal of roadside obstacles which are likely to be associated with accident or injury to the highway user. Where such obstacles are essential, they must be constructed to yield under specified levels of impact or placed at a location which affords adequate protection to an out -of -control vehicle. In all cases, full consideration shall be given to sound engineering principles and economic and environmental factors. J. Coating - Material applied to or wrapped around a pipe. K. Control of Access Line - Line indicating the restriction of access to the highway. L. County - County of Hawaii. M. Cradle - Rigid structural element below and supporting a pipe. N. Divided Highway - A highway with separated roadways for traffic in opposite directions. 0. Duct Line - A structure or arrangement of one or more ducts, conduits, pipes or other enclosed runways between two points designed to contain underground conductors or cables. 3-72 P. Encasement - Structural element surrounding a pipe. Q. Expressway - A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at major intersections. R. Federal Aid Secondary County Highways - Consist of all highways on the designated Federal Aid Secondary County System. S. Federal Aid Secondary County Highways Projects - Those projects administered by the County which involve the use of Federal -aid, County and/or State highway funds for the construction or improvement of a Federal Aid Secondary County Highway or related highway facilities or for the acquisition of rights-of-way for such projects, including highway beautification projects under Section 319, Title 23, U.S.C.A. T. Frontage Road - A local street or road auxiliary to and located on the side of a Federal Aid Secondary County Highwayfnr service to abutting property and adjacent areas and for control of access. U. Gallery - An underpass for two or more pipelines. V. Grout - Mortar or slurry pumped to backfill an untrenched pipe. W. Highway Utility Encroachment Committee - Consists of the Head of the Bureau of Plans and Surveys (Chairman), Head of the Bureau of Road Construction and Maintenance 3-73 and Head of the Division of Traffic Safety and Control, or duly authorized representatives of the bureaus and division. X. Highway - Any public way for vehicular travel, including the entire area within the rights-of-way and related facilities, constructed or improved in whole or in part with Federal -aid, County and/or State funds. Y. Jacket - Encasement by concrete poured around a pipe. Z. Median - The portion of a divided highway separating the highway rights-of-way and the replacement of existing facilities with those of a different type, capacity, or design or replacement at a new location on the rights-of-way. Any replacement of an existing facility or portion thereof with another of the same type, capacity, and design at the same location is considered to be maintenance. BB. Normal - Crossing at a right angle. CC. Oblique - Crossing at an acute angle. DD. Person - The individual, partnership, corporation, or combination thereof. EE. the traveled ways for traffic in opposite directions. AA. New Utility Installations - Initial installations on the highway rights-of-way and the replacement of existing facilities with those of a different type, capacity, or design or replacement at a new location on the rights-of-way. Any replacement of an existing facility or portion thereof with another of the same type, capacity, and design at the same location is considered to be maintenance. BB. Normal - Crossing at a right angle. CC. Oblique - Crossing at an acute angle. DD. Person - The individual, partnership, corporation, or combination thereof. EE. Pipe - A cylindrical tube, any conduit including ducts and cellular blocks for conveying water, gas, etc. 3-74 FF. Private Lines - Privately -owned facilities which convey or transmit the commodities outlined in Sec. 15.04 00, but are devoted exclusively to private use. GG. Ramp - An interconnection of roadway traffic inter- change, or any connection between highway facilities of different levels, on which vehicles may enter or leave a designated roadway. HH. Reserfacing - The placing of one or more new courses on an existing surface. II. Right -of -Way Line - Boundary of the highway right-of-way and adjacent property owner. JJ. Rights -of -Way - Real property or interests therein, acquired, dedicated or reserved for the construction, operation and maintenance of a highway in which Federal -aid, County and/or State highway funds are or may be involved in any stage of development. Lands acquired under Section 319(b), Title 23, U.S.C.A. (scenic strips - 1965 Highway Beautification Act) shall be considered to be highway rights-of-way. KK. Roadway - The portion of a highway, including shoulders for vehicular use. A divided highway has two or more roadways. LL. Shoulder - The portion of the roadway continguous with the traveled way for accommodation of stopped vehicles 3-75 for emergency use, and for lateral support of base and surface courses. MM. Standard Right-of-way Line - The line denoting the width necessary to accommodate all of the elements of a typical roadway cross-section to fulfill the design requirements of the highway. The line does not generally encompass additional rights-of-way required for large cuts and fills. NN. Structure - That which is built or constructed for specific use on the ground such as bridges, culverts and sewer, water, and other utility appurtenances. 00. TOPICS - Traffic operations program to increase capacity and safety. PP. Traveled Way - The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. QQ. Use and Occupancy Agreement - The document by which the County, or other highway authority, approves the use and occupancy of highway rights-of-way by utility facilities or private lines. RR. Utility facilities and/or utilities - All privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, sewer, steam, waste, storm 3-76 water not connected with highway drainage, and other similar commodities, including fire and police signal system and street lighting and traffic signal systems, which directly or indirectly serve the public or any part thereof. The term "utility" means the utility company, i.e., any person or private or public entity owning and/or operating utility facilities as defined in this paragraph, including any wholly owned or controlled subsidiary. SS. Utility Service Connection - A service connection, from a utilities distribution or feeder line or main to the premises served. TT. visual Quality - Those desirable characteristics of the appearance of the highway and its environment, such as harmony between or blending of natural and man-made objects in the environment, continuity of visual form without distracting interruptions, and simplicity of designs which are desirably functional in shape but without clutter. UU. Walled - A continuous concrete or cement -treated sidefill. PART II. ACCOMMODATION AND INSTALLATION SEC. 15.05 GENERAL REQUIREMENTS A. A permit from the Department of Public Works, County of Hawaii, shall be required for the installation of any utility facility and private lines within the Federal Aid Secondary County Highways rights-of-way 3-77 except where work is to be performed under a utility agreement in conjunction with a highway project. B. New utility installations shall not conflict with existing or planned uses of highway rights-of-way for highway purposes. Proposed utility installations and future highway projects shall be coordinated to avoid, to the fullest extent possible, any conflict in location, construction, or method of installation. C. The type and size of utility facilities and the manner and extent to which they are permitted within areas of scenic enhancement and natural beauty can materially alter the visual quality and view of highway roadsides and adjacent areas. Such areas include scenic strips, over -looks, rest areas, recreation areas, the rights- of-way of highways adjacent thereto, and the rights-of-way of highways which pass through public parks and historic sites, as described under Section 138, Title 23, U.S.C.A. 1. New utility installations are not to be permitted within the foregoing described lands, when acquired or improved with Federal -aid funds, except as follows: a. New underground utility installations may be permitted where they do not require extensive removal or alteration of trees visible to the highway user or 3-78 impair the visual quality of the lands being traversed. b. New aerial installations are to be avoided at such locations unless there is no feasible and prudent alternative to the use of such lands by the aerial facility and it is demonstrated to the satisfaction of the Chief Engineer that: (1) Other locations: (a) Are not available or are unusually difficult and unreasonably costly, or (b) Are less desirable from the stand- point of visual quality, (2) Undergrounding is not technically feasible or is unreasonably costly, and (3) The proposed installation will be made at a location and will employ suitable designs and materials which give the greatest weight to the visual qualities of the area .being traversed. Suitable designs will include, but are not limited to, self-supporting, armless, single -pole construction with vertical configuration of conductors and cable. 2. The provisions of this paragraph also apply to utility installations that are needed for a highway purpose, such as for highway lighting, or to serve a weigh station, rest or recreational area. MWARI 3. There may be cases of unusual hardship or other extenuating circumstances encountered involving some degree of variance with the provisions of this paragraph. Such cases shall be subject to prior review and approval by the Chief Engineer. D. Where the utility has a compensable interest in the land occupied by its facilities and such land is to be jointly owned and used for highway and utility purposeg the responsible highway authority and utility shall agree in writing as to the obligations and responsibilities of each party. Such agreements shall incorporate the conditions of occupancy for each party, including the rights vested in the highway authority and the rights and privileges retained by the utility. In any event, the interest to be acquired by or vested in the highway authority in any portion of the rights-of-way of a Federal Aid Secondary County Highways project to be vacated, used or occupied by utilities or private lines shall be of a nature and extent adequate for the construction, safe operation and maintenance of the highway project. E. Construction of the utility facility and restoration of any disturbed existing highway facilities within the Federal Aid Secondary County Highways right-of-way shall be done in accordance with all applicable sections of the Standard Specifications for Road and Bridge Construction, dated 1969, or any revision thereof, and the Specification for Installation of Miscellaneous Improvements, within State Highways, dated November 1, 1966 or any revision thereof, of the State Highways Division. During the installation and maintenance of the utility facilities, adequate provisions for traffic control shall be provided in accordance with the "Rules and Regulations Governing the Use of Traffic Control Devices at Work Sites on or Adjacent to Public Streets and Highways" of the State of Hawaii and with the Bureau of Public Roads "Manual on Uniform Traffic Control Devices for Streets and Highways, Part V - Traffic Controls for Highway Construction and Maintenance Operations," as amended and including any amendments thereto. F. Installation of private lines within the rights-of-way of Federal Aid Secondary County Highways shall be limited to crossings only. G. Any deviations from the provisions of this section shall be subject to the approval of the Chief Engineer. SEC. 15.06 REQUIREMENTS - FEDERAL AID SECONDARY COUNTY HIGHWAYS A. Upon the completion of a new Federal Aid Secondary County Highway including resurfacing projects, no underground utility installation with the exception 3-81 of underground service connections and utility crossings by the boring, jacking or tunneling method, will be permitted for a period of one year thereof within the pavement, shoulder, swale or median areas. Within this one year period, an underground utility and overhead pole line may be permitted to be installed outside the improved pavement, shoulder and swale areas adjacent to the right-of-way line provided that it does not restrict the highway use and meets the lateral clearance outlined in Sec. 15.06 B.1. In this connection, a utility shall make every effort to plan, coordinate and construct their installation including crossings in conjunction with the highway construction. A utility shall further give considerations to the construction of a joint utility tunnel with other utilities or sleeves as strategic locations to accommodate future utility crossings in conjunction with the highway construction. B. OVERHEAD UTILITY INSTALLATIONS 1. On active Federal Aid Secondary county Highway projects on new and existing alignment, utility poles, guys and other ground -mounted utility appurtenances may be installed, retained or relocated within the highway right- of-way and they may be located within five (5) feet from the standard right-of-way line provided: a. In rural area, they are located at least thirty (30) feet or more from the normal edge of traveled way. ONE b. In cities, towns and urban areas, on curbed sections, they are located at least six (6) feet back of the face or curb and in back of the sidewalk. See Exhibit "B." Where curbs are not provided, they shall be located at least twenty (20) feet from the normal edge of the traveled way. Maps showing the boundaries of urban areas are on file at the Planning Department and the Department of Public Works. C. They are in compliance with the clear road -side policies for the particular highway involved and they are in accordance with Instructional Memoranda 21-6-66 dated August 1, 1966, 21-11-67 dated May 19, 1967, 30-6-67 dated May 2, 1967, 21-11-67(l) dated June 29, 1967, 21-14-67 dated November 14, 1967, and 21-6-68 dated December 23, 1968 of the Bureau of Public Roads, and the AASHO Highway and Operational Practices Related to Highway Safety dated February 1967, or any amendments thereto. Three (3) copies of each are on file at the Office of the County Clerk. d. Exceptions to the lateral clearances outlined above under Secs. 15.06 B.l.a., b., and c. may be permitted provided such facilities are located behind guard rails, the top of cut banks, retaining walls, etc. See Table and Details for Pole Placement Criteria for Cut and Fill Sections, Exhibit "C," "D," "E," and "F," which show the various slope ratios and the i= corresponding cut heights which are considered to be natural barriers. See Exhibit "B" also. 2. On previously constructed Federal Aid Secondary County Highways projects, new utility poles, guys and other ground -mounted utility appurtenances connected therewith, other than replacements, shall be located as provided for in Sec. 15.06 B.I. above or at the right-of-way line. See Exhibit "G." a. Placement of mid -span or additional poles, or both, for the purpose of correcting sub -standard vertical clearances to conform with clearances set forth in the State of Hawaii, Public Utilities Commission's Amended General Order No. 6 and any amendments thereto will be permitted. 3. Where the highway border areas are of a minimum width, considerations should be given to designs employing vertical alignment of wires and cables, cantilevered crossarms, added insulation or any other similar designs permitted under State of Hawaii, Public Utilities Commission's Amended General Order No. 6 and any amendments thereto. Where it is not possible to meet such clearances, consideration should be given to alternate utility locations or designs, such as rerouting the facilities or converting them from aerial to underground installations. 4. Where the lateral clearances outlined in Sec. 15.06 B.1. cannot be made, and the new utility poles, guys, and other 3-84 ground -mounted appurtenances will constitute a serious and major hazard to traffic upon the determination of the Chief Engineer, guard rail protections shall be provided at the expense of the utility in accordance with current State standards and NCHRP Report 54. The County shall be responsible for the maintenance of these guard rails. Where existing utility facilities such as poles constitute a definite hazard to the traveling public, the County at its expense shall install protective guard rails to provide a safe traffic environment. The minimum lateral clearance between the face of pole and guard rail shall be 3'-0". See Exhibit "f." Three (3) copies of NCHRP Report 54 are on file at the Office of the County Clerk. 5. Utility poles may be permitted in the median of a divided highway provided they are located at least thirty (30) feet from the edge of traveled way. 6. All new utility installations involving communication or electric power facilities shall comply with the State of Hawaii, Public Utilities Commission's Amended General Order No. 6 and any amendments thereto. 7. Overhead lines shall have a vertical clearance above the highway of 18 feet or greater for telephone lines and 20 feet or greater for electric lines in accordance with State of Hawaii, Public Utilities Commission's Amended General Order No. 6 and any amendments thereto. �� 8. The bottom of the housing of signal faces and warning flashers suspended over roadways shall not be less than 17 feet above the pavement grade of the center of the roadway. 9. Lighting standards shall not be permitted closer than 30 feet beyond the normaledge of traveled way unless the base is of a breakaway design or if they are located behind a guard rail, but not closer than 2 feet outside the edge of shoulder. See exceptions under Section 15.06 B.l.b and Section 15.06 B.l.d. No standards shall be permitted in the shoulders. 10. Traffic signal standards shall not be permitted closer than 2 feet beyond the face or curb on curbed highways and. /or 2 feet outside the edge of shoulder on uncurbed highways. C. UNDERGROUND UTILITY INSTALLATIONS 1. All utility installations involving pressure pipelines shall comply with the United States of America Standards (USAS) code for pressure piping B31.1.0, B31.4 and B31.8, American Standards Association (ASA) code for pressure piping B31.1, and State of Hawaii, Public Utilities Ccmmission's General Order No. 10 and any amendments thereto. 2. All utility installations carrying flammable and combustible products shall meet the requirements of the State Fire Marshal, National Fire Code, State of Hawaii, Public Utilities Commission's General Order No. 9, and local County and State codes and requirements and any amendments thereto. 3. The angle of utility crossings shall be generally normal to the highway and it shall not exceed 45 degrees from normal. 4. Longitudinally, utilities shall be located on uniform alignment as near as practicable to the right-of-way line to provide space for future highway construction and for possible future utility installations consistent with good engineering judgment and economic considerations. 5. In areas where the transverse slopes are gently rolling, cleared, graded and accessible to equipment, a utility shall be installed outside of the roadway cross- section (pavement, shoulder and cut or fill slopes). 6. In other areas where good engineering judgment and economic considerations indicate that it would not be practical to install the utility outside the roadway cross-section, (pavement, shoulder and cut or fill slopes) such as in high cut and fill sections not accessible to equipment, a utility, subject to the approval of the Highway Utility Encroachment Committee may be located within the shoulder and median (of a divided highway) areas as provided below: 3-87 a. Shoulder Area. (1) They shall be located as close to the outer edge of shoulder as possible. (2) In areas where the width of shoulder is eight (8) feet or less, no utility will be permitted to be located within the shoulder distance of two (2) feet from the normal edge of pavement to the inner edge of trench. See Exhibit "H." (3) In areas where the width of shoulder is more than eight (8) feet, no utility will be permitted to be located within the shoulder for a distance of five (5) feet from the normal edge of pavement to the inner edge of trench. See Exhibit "H." In the event all available spaces on both shoulders are occupied, considerations may be given to permit a utility within the 5 -foot restricted area provided the 2 -foot strip as outlined under Sec. 15.06 C.6.a.(2) is not disturbed. b. Median Area. (1) They shall be located as far away from the edge of pavement and as close to the centerline of median as possible, but away from the median ditch. (2) In areas where the width of median is sixteen (16) feet or less, no utility will be permitted to be located within the median for a distance of two (2) feet from the normal edge of RM pavement to the inner edge of trench. See Exhibit "I." (3) In areas where the width of median is more than sixteen (16) feet, no utility will be permitted to be located within the median for a distance of five (5) feet from the normal edge of pavement to the inner edge of trench. See Exhibit "I." In the event all available spaces in the median are occupied, considerations may be given to permit a utility within the 5 -foot restricted area provided the 2 -foot strip as outlined under Sec. 15.06 C.6.b.(2) is not disturbed. 7. Considerations will be given to the hydraulic gradient factor of a transmission main in determining the location of their occupancy within the highway right-of-way. 8. In heavily traveled highways, the Chief Engineer may require utility crossings under the roadway to be installed by boring, jacking or tunneling when ground conditions are ascertained to permit economic application of such installation technique. 9. Utility lines shall be encased or jacketed when deemed necessary by the Chief Engineer. Casing shall consist of a pipe or other separate structure around and outside of the carrier line or duct line and shall be designed to support the load of the highway and superimposed loads thereon, and shall equal or exceed structural requirements for drainage culverts. The casing shall be composed of materials of satisfactory durability under conditions to which they may be exposed. See Exhibit "A" for terminology for encasement and other protection. 10. All utility lines carrying flammable or explosive materials at a pressure greater than 65 PSIG within the roadway prism shall be provided protective measures as deemed necessary by the Highway Utility Encroachment Committee. 11. A utility, including manholes, will generally not be permitted to be installed longitudinally within the pavement area of the main traveled way. However, in extreme cases where the entire rights-of-way excluding the pavement areas are fully occupied and the utility has explored other alternative alignment such as re-routing the utility through County streets, considerations will be given to permit the utility to be installed within the pavement area of the main traveled way. 12. All manholes, handholes, etc., shall be flush with finished grade of roadway including pavement and shoulder. 13. Fire hydrants, and other ground -mounted utility appurtenances shall meet the lateral clearances outlined in Sec. 15.06 B.I. and Sec. 15.06 B.2. The hydrants shall be located so as to be conveniently accessible to fire fighting equipment and/or personnel. 3-90 a. Breakaway type fire hydrants may be left unprotected and delineated with RM -3 hazard markers. b. Fire hydrants may be placed within a cut slope just above the ditch line. C. In cities, towns and urban areas, on curbed sections, fire hydrants may be located back of the face of curb provided they are of the breakaway type. 14. No utility will be permitted in a highway drainage culvert. 15. The minimum depth of utility lines shall be as follows: a. Pavement areas - minimum 3 feet from finished grade of pavement to top of pipe, sleeve or concrete jacket. See Exhibits "H," "I," "J," and "K." b. Under ditches - minimum 2 feet, 1 foot if paved. C. All other areas - minimum 3 -foot cover. d. The Highway Utility Encroachment Committee may reduce the 3 -foot minimum clearance specified above to 2 feet if ground conditions are ascertained to be of rocky material, provided the utility lines do not encroach into the pavement structure. e. The minimum cover of utility service lines under sidewalk areas and areas adjacent to the right- of-way (outside of shoulder and pavement areas) shall be l'-6". 3-91 D. UTILITY CROSSINGS AT STRUCTURES 1. Utility crossings at structures shall conform to: a. ON ACTIVE PROJECTS (1) A utility may be supported by hangers or brakets attached to a structure and left exposed provided (a) it is shielded from public view and is not visible from the highway, (b) it can be accommodated without substantial increase in sections of the structure and (c) it can be serviced without access from the highway through -traffic roadways or ramps. See Exhibit "N." (2) A utility may be carried within a structure or through a box girder provided (a) it will not adversely affect the structure, (b) an appropriate sleeve or concrete encasement is utilized, (c) it can be serviced without access from the highway through -traffic roadways or ramps, and (d) that provisions for servicing the utility are incorporated in the design of the utility. See Exhibits "L" and "M. (3) Large utility lines or groups of lines may be supported on a separate utility structure provided provisions for servicing the utility are incorporated in the design of the structure. See Exhibits "L" and "M." 3-92 (4) Liquid fuel lines other than fuel oil will not be permitted on structures. b. On previously constructed County projects, a utility may be supported by hangers or brackets attached to a structure and left exposed provided they conform to the requirements of Sec. 15.06 D.l. above. See Exhibit "N." C. GENERAL REQUIREMENTS (1) The encasing pipe shall be carried out for a minimum of 20 feet beyond the back of the bridge abutment. (2) Support of utility lines on structure shall in no way interfere with free movements of structure. (3) Location, size and number of utility lines permissible on bridge shall be determined by the County. (4) Design and installation of utility pipe lines shall conform to the requirements of Sec. 15.06 C.1. and Sec. 15.06 C.2. and the AASHO Policy. C. DOMESTIC GAS LINES (1) For gas lines, casing shall be provided with vents near abutments. (2) The maximum size of gas lines inside box girders shall be 6 inches. 3-93 (3) Maximum pressure allowed in gas lines on highway structures shall be 65 PSIG. (4) Gas lines and casings on structures shall be provided with cathodic protection where necessary. SEC. 15.07 REVIEWS AND APPROVAL A. The County is entrusted with the responsibility to maintain or cause to be maintained all completed Federal Aid Secondary County Highways as necessary to preserve the integrity, scenic quality, operational safety, and function of the highway facility. The County shall for the Federal Aid Secondary County Highways review and approve the location and design of all utility and private lines installation with due considerations given to such features as disturbance of highway facilities and interference with their operations and detraction from its appearance --all to the end that the difficulty of or cost of maintenance of the highway facility will not be increased nor the service of the public jeopardized. B. Adequate plans of proposed utility installation shall be submitted to the Chief Engineer for his review and approval before a permit is issued. SEC. 15.08 USE AND OCCUPANCY AGREEMENTS On active and completed Federal Aid Secondary County Highways projects, the use and occupancy of the highway rights- of-way by utility facilities shall be in accordance with the 3-94 prescribed policies and procedures of the Bureau of Public Roads PPm 30-4 dated February 14, 1969 and PPm 30.4.1 dated October 1, 1969, or any amendments thereto. Where utility facilities are to cross, or otherwise occupy, the rights-of-way of an active or completed Federal Aid Secondary County Highways project, the County and the Utility shall agree in writing as to the terms of such use and occupancy, and the manner in which such facilities are to be accommodated thereon. The cost of any future removal, relocation, replacement, reconstruction or adjustment of utility facilities shall be in accordance with the provisions of Section 264-33, Hawaii Revised Statutes. Where the utility proposes to install its utility facilities within any right-of-way of an active County highway project prior to the completion of final plans for said highway project, it is the policy of the County of Hawaii to deny the issuance of the permit required to be taken by the utility company under Sections 15.05 and 15.07 above, or in the alternative, require the utility company to await the completion of final plans for said project; unless the utility company shall agree in writing to bear the entire cost of the later relocation of any utility facility installed in such right-of-way if such relocation should become necessary during the initial construction of such highway project and waive any and all rights to participation for such future relocation under existing or subsequent statutes as a result of such initial construction of such highway project. 3-95 PART III. COMPLIANCE WITH LAWS SEC. 15.09 VIOLATIONS AND PENALTIES A. Violations: The utilities shall comply with all Federal, State and County laws, rules and regulations, orders, ordinances, policies and procedures, and any amendment thereto that are applicable to the provisions provided herein. It shall be unlawful for any person to do any act forbidden, or to fail to perform any act required, by the provisions of this section. B. Continuing Violation: The failure to comply with the requirements set forth under the provisions of this section shall be deemed a new offense for each day of such non-compliance. C. Penalty: Any person violating any of the provisions of this section shall upon conviction, be punished by a fine not exceeding $500, or by imprisonment not exceeding sixty (60) days, or by both for each offense. 3-96 PART IV. EXHIBITS SEC. 15.10 EXHIBITS "A" - Terminology for Encasement and Allied Protection. "B" - Pole Placement Details - Uncurbed Highways with Guard Rail Protection or Natural Barriers; and Pole Placement Details - Curbed Highways. "C" - Table for Pole Placement Criteria on Cut and Fill Sections. "D" - Pole Placement Details for Cut and Fill Sections. "E" - Pole Placement Details for Cut and Fill Sections. "F" - Pole Placement Details for Cut and Fill Sections. "G" - Pole Placement Details - Uncurbed Highways without Guard Rail Protection or Natural Barriers. "H"- Space Allocation of Carrier Pipes within Shoulder Areas. (Extreme Hardship Case) "I" - Space Allocation of Carrier Pipes within Divided Highways; and Space Allocation of Carrier Pipes on Undivided Highways. (Extreme Hardship Case) "J" - Encased Carrier Pipe under Divided Highway. "K" - Encased Carrier Pipe under Undivided Highway. "L" - Typical Utility Installations on Highway Structures. "M" - Typical Utility Installations on Highway Structures. "N" - Typical Utility Installations on Highway Structures. 3-97 c Eslno wRAPPIxa OR coat URPIEP CARRIER OR C4 SING CM EIA (G)ENCASED (b)COATED GROUND aR PAVEMENT TR EN CX TRENCH „_ RUPY -VEA EI EILL SIDEP PE PIPE CDNCP (d) CRADLED GROUND OR TRENCH (c) GROUTED TRENCH PIPE DUcl CORJUwI (R) WALLED l0 BOXED OR JACKETED CRACLE A IIS (ql CAPPED (h)TUNNELED OR GALLERIED TER,�,,INMOOY FOR ALLIED PROTEC iGPl 3-98 UTILITY POLE OVERHEAD UTILITY LINE —� Subbase RIGHT OF WAY UTILITY POLE POLE PLACEt`_ ENT DETAILS UNCURDED HIGHWAYS WITH GUAPDI;AIL PROTECTION OR NATURAL CARRIERS M UTILITY POLE L_I j Subbase POLE f t " ^i.;.' P9"i C s '%!!__ a CU ` ' I? I `t'"; i`.':'. e'dS ♦._......,..L 3:i_; 1'inf.:.:.;,,T C:STB!LIA ON CUT :ILL SECTIONS Offset Fr= Cut slopes We of Paw-ent 0 - 3/4:1 1:1 1 - 1/2:- 2:1 4:1 or Flatter Minimum horizontal Offset From 3ottcn of Cut Slope Feight Equal to 7lterr.::te - __o Fetait ...", -S:c r_hit n u ___ 3-100 2 Feet 4 Feet 4 Feet 6 Feet 4 Feet 8 Feet 6 Feet 14 Feet 2 set 30 Feet +� 4 :Feet 3G Feet -- 4 Feet 30 Feet -; 6 Feet 30 Feet — 30 Fept Minimum horizontal Offset From 3ottcn of Cut Slope Feight Equal to 7lterr.::te - __o Fetait ...", -S:c r_hit n u ___ 3-100 2 Feet 4 Feet 4 Feet 6 Feet 4 Feet 8 Feet 6 Feet 14 Feet 3-100 2 Feet 4 Feet 4 Feet 6 Feet 4 Feet 8 Feet 6 Feet 14 Feet `r Highway Edge of Pavement g Y .y (�SUtility i I Pavement I 3 n' n/ s II t' CUT SLOPE: 4,1 or Flatter Edge of Pavement Pavement 30' O/S �sUtility G :)� CUT SLOPE: 2:1 dge of Pavement Less than 4' than 6' CUT SLOIF) ' (' 1 to 1-1/2:1 Edge of Pavement Pavement � 30' 0/S f-or5Utilit, Less than 2' CUT SLO0 t0 3/,4 : POLL_ s'�t �,�i tai° ` u i A BLS CUT P, FILL SECTIONIS Alternate - See Detail A, Exhibit F 3-101 it 'I i SI IFF i Highway t Edge of I Pavement Bottom of Cut Slope Utility Pole or greater CUT SLOPE: o to 3/4:1 Pavement I Shoulder 1 6' o/s fL5UtilitY Pole Bottom of Cut Slope j 1 4 � or greater CUT SLOPE: 1: 1 Pavement I Shoulder 1 8' o/s Utility Pole Bottom of Cut Slope = 4' or greater CUT SLOPE: o/s. ,f L5utility Pole Bottom of Cut Slope 6' or greater CUT SLOPE- 2'1 P p f� i.e.. �i...i c i cls �1 i— � CUT Sz FILL SECTIOg'S it —II 3-102 ! SI I!'E I G. Utility Min. . 2t -Ott 3 � -Ott Pole Metal Guardrail KI a' Bottom of Cut Slope --4 DETAIL 11A11 Scale: 1/2tt = It -Ott Utility 21-0 3t-0° Pole Min. Metal Guardrail Edge of 6 Shoulder -' DETAIL "B" Scale : 1/2° = I'-0° �'j i'!s P (.. i e � r'"°`� C et {-"' �/' GUT : FILL SEC; T 10 KIS 3-103 _ - —RIGHT OF WAY LINE _—UTILITY POLE— sea S: POLE PLAM-1ENT DETAILS -UNCURSED HIGHWAYS WITHOUT GUAR AIL PCOTECTIOlJ OR NATURAL BARRIERS (DOES NOT APPLY IF ADEQUATE CLEAR AREA IS PROVIDED) "`�..� :•... ❑ 11 3-104 S YMMETI." _SHOULDER _PAVEMENT MORE THAN S' MINIMUM 5' LATERAL CLEARANCE �—II E (j SPIPE TRENCH LS" CARRIER PIPE SUBBASE ITOTE: Considerations '':e elven to per^it an installation within t -e 5 -foot restricted area if all a,rai_ c_e space within tiie shoulder area are oecup'_ec, provided the 2 -foot 'lateral clearance specified below is not disturbed. SPACE ALLOCATION OF CARRIER PIPES WITHIN SHOULDER AREAS (EXTREP."E HARDSHIP CASE) SHOULDER S' OR LESS _J * SEE NOTE EXHIBITS 'J"A"K' 2' LATERAL CLEARANCE BASE SUBBASE E "', F°iI':_ -� to \:iI`e, ,.-..� (M -• P C. .! .:�(�1°LC_:.a 3-105 - E 4. SYMMETRICAL SHOULDER MINIMUM 2' LLAT ERAL CLEARANCE WHERE THE WIDTH OF MEDIAN IS 16' OR LESS ; MINIMUM 5' LATERAL SEE EXHIBIT "H" FOR CLEARANCE WHERE THE WIDTH OF LATERAL CLEARANCE MEDIAN IS MORE THAN 16 BASE i I SUBBASE 1 TRENCH ENCASED CARRIER PIPE ER PIPE LATERAL CLEARANCE TO CONFORM TO ORDINANCES REGULATING CLEARANCE- OF UTILITIES ---�—I MINIMUM SPACE --ALLOCATION OF CARRIER P!PES Ora DIVIDED HICI`I'I"Jt—a°� i I Ir-. RIdslf-il1 ti riV Ems% '- RIGHT OF WAY ROADYVAY SEE EXHIBIT "H" FOR LATERAL CLEARANCE v;anse —_ —_—. PIPE TRENCH I//V�I LLIISCARRIER PIPE LATERAL CLEARANCE TO CONFOREI 1'0 ORDINPACES REGULATING CLEARANCE OF UTILITIES *SEE NOTE - EXHIBITS Jia" 3 MINIMUm4 CARRIER PIPE GlairvIi..Viit 3-106 It I Cd2dT %" »e, � ƒ I a 0 > 0 @ . c , _ J « � E - � w 3 ` � \ 41 3' MInimum RIGHT OF WAY ROADWAY STRUCTURE RonDInf SU63ASE CASING - 3 Mmim m — i R PIPE 2' Mimmw , ENCASED PIPE U1°GIZ UiIDIVICHD HICHMY NOTE: The pcch.ac Cti1 Cl -4r ='.Ce Clfl^A. c,JO'.,c to 2 f.Ct if ..no. _nn, ore 'o ba of rcc::- +'-. __ _2ed t,- not c.cronc" to the zarcaer.t 3-108 SIDEWALK DUCTLINLS INS SIDEV4 GAS CARRIER STEEL PIPE CONCRETE CRADLE TYPICAL SIDEWALK RAILI CG DUCTLINES IN CONCRETE JACKET RAILING REM VADLE COVER \ ---?_----WATER MAIN ; 7' -GAS MAIN =, NCRETE MAD;. -f •�^ � e p tt- er -'r- arr i C 0 M C R _e GOX GIFiDIER Sir,IDCT STRUC1 U. 1= 1 ' l 3-109 I- SI{( F.T DUCT LINES IN— CONCRETE SLAB SIDEWALK SIDEWAL TRANSITE WATER" MAIN AND CONCRETE JACKET REMOVAE COVERS WATER MAIN ON CONCRETE CRADLE WITH UTILITY TRENCH RAILING REMOVABLE COVERS DUCT LINES AND CONCRETE JACKET WITH UTILITY' S- 1=UCTUo E 4J 1. i it �.� •. ��..a. r ... _.... ! f :.,its ! : �... I� a � • cu-,�•- tl. .tt 3-110 - 0 n 0 W zdw ~ w X ou'� Lrw W O J W J d : FZm p U �W CL ZU z WTO J d 3 ~ cn V) w W !_� �•..'i i.,_ I¢.. LIE 6 r� w w c _ 1 T� trI11IJ -L cr w 0 C (y ii It II LLl � W W D a w Ua z a U) w Z. (L (n lil cr C) Pc� F U JQ U ' o co U V D C-) 0 3-111 411=.[- T J (�' a L oc Z w QU Z u Q WJ Jy aZ WuiW ll U O— c90 !_� �•..'i i.,_ I¢.. LIE 6 r� w w c _ 1 T� trI11IJ -L cr w 0 C (y ii It II LLl � W W D a w Ua z a U) w Z. (L (n lil cr C) Pc� F U JQ U ' o co U V D C-) 0 3-111 411=.[- T J (�' SEC. 16 CONSTRUCTION WITHIN A GOVERNMENT RIGHT-OF-WAY SEC. 16.01 AUTHORIZATION FOR CONSTRUCTION The Department of Public Works is hereby authorized to allow construction within a government right--of-way. SEC. 16.02 ISSUANCE OF PERMIT Authorization to construct within a government right-of-way shall be by permit issued by the Department of Public Works as set forth in Chapter 3, Article 2, Section 10. The Department of Public Works may stipulate conditions necessary for the control of the work requirement in issuing said permit. 3-112 ARTICLE 3. Fireworks Control SEC. 1. TITLE This Article shall be known as the Fi_ewcrks Control Ordinance SEC. 2. DEFINITIONS AND NUsiBER SEC. 2.01 The word "person" shall mean an individual, partnership, corporation or any association of whatever nature. SEC. 2.02 The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audiLory effect by combustion, explos-on, deflagration or detonation, and shallinclude, but not be limited to, firecrackers, torpedoes, rockets, Roman candles, bombs, wheels, colored fires, fountains, cones, mines, serpents or other similar articles containing any explosive or combustible substance: provided, however, that the term "fireworks" as used herein shall not include the following: A. Toy paper caps containing .25 grains or less of explosive substance. B. Safe and sane fireworks made under I.C.C. regulations in the United States and known as "class C" common fireworks including but not limited to sparklers, also imported fireworks with pyrotechnic contents within the maximum limits as set for class C items by the I.C.C. (Interstate -Commerce Commission). C. Soft shell firecrackers not exceeding one and seven - eighths (1 7/8) inches in length and five -sixteenths (5/16) of an inch in diameter. 3-113 D. Aerial salutes containing not more than 20 grams of explosive composition. E. Crackerballs of not more than seven -sixteenths (7/16) of an inch in diameter. SEC. 2.03 For the purpose of this Article the various types of pyrotechnics that are excluded from the definition of "fireworks" and enumerated hereinabove under Section 2.02 A-E, inclusive, shall be referred to as "special firecrackers". SEC. 2.04 The singular shall signify the plural wherever the context so requires. SEC. 3. PROHIBITICNS; PERMITTED USES It shall be unlawful for any person to possess, store, sell, keep or offer for sale, expose for sale, give, use, explode or cause to explode any fireworks within the County of Hawaii, except: A. Sales by wholesalers for direct shipment out of the County of Hawaii. B. Storage, sale, or offer for sale or for use in the - County of Hawaii by a person having obtained a license therefor'in accordance with Section 4 hereof. C. Use for a public display by a person having obtained a permit therefor in accordance with Section 5 hereof. D. Use for a bona fide religious or ceremonial occasion by a person having obtained a permit therefor in accordance with Section 6 hereof. E. Use by transportation agencies for signal, warning or illumination purposes in connection with their business. 3-114 F. Sale or use of blank cartridges for a show or theater, for signal or ,ceremonial purposes in athletics or sports. G. Sale of shells, cartridges, gunpowder or explosives for use in legally permitted firearms. H. Use by defense organizations for defense purposes. I. Possession, storage, sale or use of explosives and combustibles in accordance with Chapter 376, Hawaii Revised Statutes. SEC. 4. LICENSE FOR STORAGE AND SALE SEC. 4.01 LICENSE REQUIRED It shall be unlawful for any person to possess, store, sell at wholesale or retail, or offer for sale or for use in the County of Hawaii any firework, unless such person shall first secure a license therefor. SEC. 4.02 APPLICATION FOR LICENSE Said license shall be issued by the Director of Finance of the County of Hawaii. Application for Licens=e shall be made on a form setting forth the address where it is proposed to establish and/or to conduct the storage or sale of fireworks, the name of the proprietor, or if a partnership, the name of the partnership and the names of all partners, or if a corporation, the name of the corporation and the names of all officers. SEC. 4.03 SALE ONLY TO PERSONS PRESENTING PERMIT It shall be unlawful for any person, other than a wholesaler selling or transferring fireworks to a licensed retailer, to sell or offer for sale or for use in the County of Hawaii any fireworks to any person who does not present a permit duly issued as provided in Section 5 or Section 6 hereof, as the case may be. Such permit shall be signed by the seller or transferor 3-115 at the time of sale or transfer of the fireworks, and the seller or transferor shall indicate thereon the amount and type of fireworks sold or transferred to said permittee. No person shall sell or deliver possession of fireworks to any permittee in an amount in excess of the amount specified in the permit, less the amounts shown on said permit to have previously been purchased or acouired pursuant thereto. SEC. 4.04 WhOLESALING ONLY TO DEALERS WITH LICENSE It shall. be unlawful to send or supply fireworks to a dealer who has not obtained a license as required by this Section. The term "dealer" shall include any person storing, selling or offering fireworks for sale. SEC. 4.05 FEE The fee for such license shall be Ten Dollars ($10.00) for each year or fraction of a year. SEC. 4.06 NON -TRANSFERABLE Such license shall not be transferable. SEC. 5. PERMIT FOR PUBLIC DISPLAY A. PERMIT REQUIRED All persons desiring to discharge, fire. off or explode fireworks for a public display, including such use in parades, shall apply in - writing for a permit therefor to the Chief of Police of the County of Hay.,aii at least five (5) days before the proposed date of the display. Said application shallstate the name, age and address of the applicant; the name, age and address of the person who shall operate the display; the time, date and place of the display; the type and ouantity of fireworks to be displayed and the purpose or occasion for which the display is to be presented. 3-116 B. ISSUiJICE OF PERMIT The Chief of Police, after being satisfied that the display will be handled by a competent operator and that the display will not be hazardous to property and that it will not endanger any person or .persons, shall issue a permit for the public display. Such permit shall authorize the holder to display fireworks only at the place and only duri_rg the time set forth therein, and to purchase or acquire and possess the specified fireworks between the date of the issuance of said permit and the time during which the display of said firev,orks is authorized. No fee shall be charged for said permit. Said permit shall not be transferable. C. BOND REQUIRED No permit shall be issued under this section unless the applicant shall give bond, deemed ademaate by said Chief of Police, but in a sum not less than Five Hundred Dollars ($500.00), conditioned for the peyment of all damages which may be caused either to a person or persons or to property by reason of the authorized display and arising from any acts of the permittee, his agents, employees or subcontractors. SEC. 6. PERMIT FOR BONA FIDE RELIGIOUS OR CEREMONIAL USE OF FIREWORKS A. PERMIT REQUIRED All persons desiring to discharge, fire or explode fireworks for a bona fide religious or ceremonial occasion shall apply in writing for a permit therefor to the Chief of Police of the County of Hawaii at last three days before such proposed use; provided, however, that such time limitation 3-117 shall not apply to applications for permits to use fireworks at funerals. Said application shallstate the name, age and address of the applicant; the name, age and address of the person who shall discharge the fireworks; the time, date and place of use; the type and quantity of fireworks to be used and the occasion for which said fireworks are to be used. The term "ceremonial occasion" shall include, but not be limited to, birthdays, anniversaries, weddings and housewarming celebrations. _ B. ISSUANCE OF PERMIT The Chief of Police, after being satisfied that the fireworks will be handled by a competent operator, that the use will be for a bona fide religious or ceremonial occasion and that the use will not be hazardous to property and will not endanger any person or persons, shall issue a permit for said use. Such permit shall authorize the holder to use fireworks only at the place and only during the time set forth therein, and to purchase or acquire and possess the specified fireworks between the date of the issuance of said permit and the time during which the use of said fireworks is authorized. No fee shall be charged for said permit. Said permit shall not be trans- ferable. SEC. 7. UNLAWFUL TO REMOVE PYRCTECHNIC CONTENTS FROM FIREWORKS, ETC., AND MAKE LARGER FIREWORKS, ETC. It shall be unlawful for any person to remove or extract the pyrotechnic contents from any fireworks or "special 3-118 firecrackers" and use the contents to make larger fireworks or "special firecrackers." SEC. 8. UNLAWFUL TO SET OFF FIREWORKS, ETC., FROM MOVING VEHICLES It shall be unlawful for any person to throw, set off fire or cause to be exploded any fireworks or "special firecrackers" of any size from any moving vehicle. SEC. 9. UNLAWFUL TO SET OFF FIREWORKS, ETC., IN VICINITY OF HOSPITALS It shall be unlawfulfor any person to throw, set off, fire or cause to be exploded any fireworks or "special fire- crackers" of any size in any place within 1,000 feet of any building occupied by patients at any hospital, convalescent home, home for the aged or animal hospital. SEC. 10. UNLAWFUL TO SET OFF FIREWORKS, ETC., ON PUBLIC WAYS, IN PARKS, SCHOOLS OR PLACES OF WORSHIP DURING SERVICES; EXCEPTION It shall be unla:oful for any person to throw, set off, fire or cause to be exploded any fireworks or "special fire- crackers" of any size on or in any highway, alley, street or other public way, sidewalk, park, school, school yard, within 50 feet of a canefield or within 1,000 feet of any building used for public worship while services are held therein, unless permission be obtained in accordance with Section 5 or 6 hereof. SEC. Ii, UNLAWFUL TO SET OFF "SPECIAL FIRECRACKERS" AT NIGHT; EXCEPTIONS It shall be unlawful for any person to throw, set off, fire or cause to he exploded any "special firecrackers" between the hours of 7:00 P.M. and 7:00 A.M. every night of the week, except on New Year's Eve, Chinese New Year's Eve, Fourth of July night and on nights permission is obtained to discharge fireworks pursuant to Section 5 or 6 hereof. 3-119 SEG. 12. PENALTY Any person violating any o{ the provis ons of this Article shall, upon conviction ':hereof, be guilty of a misdemeanor and be subject to a fine not exceedi-g Five Hundred Dollars ($500.00); and if the person so convicted shall be a person licensed to sell fireworks, the court may, in addition to the foregoing penalty, revoke or suspend such license. No license shall be issued to any person whose license has been so revoked until the expiration of one (1) year after such revocation. 3-120 ARTICLE 3. Fireworks Control SEC. I TITLE This Article shall be known as the Fireworks Control Ordinance. SEC. 2. DEFINITIONS AND NUMBER SEC. 2.01 The word "person" shall mean an individual, partnership, corporation or any association of whatever nature. SEC. 2.02 The term "fireworks" shall mean and include any combustible or explosive composition; or any substance or combination of substances, or article prepared for the purpose of producing a visible or auditory effect by combustion, explosion, deflagration or detonation, and shall include, but not be limited to, firecrackers• torp edoes,.rockets, Roman candles, bombs, wheels, colored fires, fountains, cones, mines, serpents or other similar articles containing any explosive or combustible substance; provided, however, that the term •fireworks" as used herein shall not include the following: A. Toy paper caps containing .25 grains or less of explosive substance. R. Safe and sane fireworks made under Z.C.C. regulations in the United States and known as "class C" common fireworks including but not limited to sparklers, also imported fireworks with pyrotechnic contents within the maximum limits as set for class C items by the I.C.C. (Interstate Coa=erce Commission). C. Soft shell firecrackers not exceeding one and seven - eighths (1 7/8) inches in length and five -sixteenths (5/16) of an inch in diameter. . D. Aerial salutes containing not more than 20 grams Of explosive composition. E. Crackerballs of not more than seven-sixteenths . (7/16)'of an inch in diameter. •SEC. 2.03 For the purpose of this Article the various types of pyrotechnics that are excluded from the definition of %fireworks" and enumerated hereinabove under Section 2.02 A-E, inclusive, shall be referred to as "special firecrackers". , SEC. 2.04 The singular shall signify the plural wherever the context so requires. SEC. 3. PROHIBITIONS; PERP41TTED USES It shall be unlawful for any person to possess, store, sell, keep or offer for sale, expose for sale, give, use, explode or cause to explode any fireworks within the County Of Hawaii, except: A. Sales by wholesalers for direct shipment out of the County of Hawaii. - B. Storage, sale, or offer for sale or for use in the County of Hawaii by a person having obtained a- license therefor in accordance with Section 4 hereof. C. Use for a public display by a.person having obtained a permit therefor in accordance with Section 5 hereof. D. Use for a bona fide religious or ceremonial occasion by a person having obtained a permit therefor in accordance with Section 6 hereof. E. Use by transportation agencies for signal, warning or•illumination purposes in connection.with their business. F. Sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports. G. Sale of shells, cartridges, gunpowder or explosives for use in legally permitted firearms. H. Use by defense organizations for defense purposes. I. possession, storage, sale or use of explosives and combustibles in accordance with Chapter 376, Hawaii Revised Statutes. SEC. 4. LICENSE FOR STORAGE AND SALE SEC. 4.01 LICENSE REQ"JIRED It shall be unlawful for any person to possess, store, sell at wholesale or retail, or ' offerforsale or for use in the County of Hawaii any firework, unless such person shall first secure a license therefor. SEC. 4.02 APPLICATION FOR LICENSE Said license shall be issued by the Director of Finance of the County of Hawaii. Application for license shall he made on a form setting forth the address where it is proposed to establish and/or to conduct the storage or sale of fireworks, the name of the proprietor,, or if a partnership, the name of the partnership and the names of all partners, or if corporation, the name of the corporation and the names of all officers. 'SEC. 4.03 SALE ONLY TO PERSONS PRESENTING PERMIT It shall be unlawful for any person, other than a wholesaler selling or transferring fireworks to a licensed retailer, to sell or offer for sale or for use in the County of Hawaii any fireworks to any person who does not present a permit duly issued as provided in Section 5 or Section G hereof, as, the case, may be. Such permit shall be signed by the seller or transferor at the time of sale or transfer of the fireworks, and the seller or transferor shall indicate thereon the amount and type of fireworks sold or transferred to said permittee. No person shall sell or deliver possession of fireworks to any permittee in an amount in -excess of the amount specified in the permit, less the amounts shown on said permit to have previously been purchased or acquired pursuant thereto. SEC. 4.04 WHOLESALING ONLY TO DEALERS WITH LICENSE It shall be unlawful to send or supply fireworks to a dealer who has not obtained a license as reeuired by this Section. The term "dealer" shall include any person storing, selling or offering fireworks for sale. SEC. 4.05 FEE The fee for such license shallbe Ten Dollars (510.00) for each year or fraction of a year. SEC. 4.06 NON-TRt\S ERAELE Such license shall not be .transferable. SEC. 5. PERMIT FOR PUBLIC DISPLAY A. PERMIT REQUIRED All persons desiring to discharge, fire off or explode fireworks for a public display, -- including such use in parades, shall apply in writing for a permit therefor.to the Chief of Police of the County of Hawaii at least five (5) days before -' the proposed date of the display. Said application shall state the name, age and address of the applicant; the name, age and address of the person who shall operate the display; the time, date and place of the display; the type and quantity of fireworks to be displayed and the purpose or occasion for which the display is to be presented. B. ISSUANCE OF PERMIT The Chief of Police, after, being satisfied that the display will be handled by a-competent operator and that the display will not ' be hazardous to property and that it will not - endanger any person or persons, shall issue a permit for the public display. Such permit shall authorize the holder to display fireworks only at the place and only during the time set forth therein, and to - purchase or acquire and possess the specified fireworks between the date of the issuance of said permit and the time during which the display of said fireworks is . - authorized. No fee shall be charged for said permit. Said permit shall not be transferable. - C. BOND REQUIRED No permit shall be issued under this section unless the applicant shall give bond, deemed adequate by said Chief of Police, but in a sum.not less than Five Hundred Dollars (£500.00), conditioned - for the payment of all damages which may be caused either to a person or persons or to property by reason of the authorized display and arising from any acts of the permittee, his agents, employees or subcontractors. SEC. 6. - PERMIT FCR DCNA FIDE RELIGIOUS OR CEREMCNiAL USE OF FIIiE'VICRKS A. PERMIT REQUIRED All persons desiring to discharge, ' •fire or explode fireworks for a bona fide religious or ceremonial occasion shall apply in writing for a ' permit therefor to the Chief of Police of the County of Hawaii at bast three days before such proposed use; provided, however, that such time limitation shall not apply to applications for permits to use fireworks at funerals. Said application shall state the name, age and address of the applicant; the name, age and address of the person who shall discharge the fireworks; the time, date and place of use; the type and quantity of fireworks to be used and the occasion for which said fireworks are to be used. The term "ceremonial occasion" shall include, but not be limited to, birthdays, anniversaries, weddings and housewarming celebrations. B. ISSUANCE OF PERMIT The Chief of Police, after being satisfied that the fireworks will be handled by a competent operator, that the use will be for a bona fide religious or ceremonial occasion and that the use will not be hazardous to property and •:ill not'endanger any person or persons, shall issue a permit for said use. Such permit shall authorize the holder to use fireworks only at the place and only.during the time set forth therein, and to purchase or acquire and possess the specified fireworks between the date of the issuance of said permit and the time during which the use of said • fireworks is authorized. No fee shall be charged for said permit. Said permit shall not be trans- ferable. SEC. 7. UNLAWFUL TO REMOVE PYROTECHNIC CONTENTS FROM FIREWORKS, ETC., AND MAKE LARGER FIREVICIIKS, ETC. It shall be unlawful for any person to remove or extract the pyrotechnic contents from any fireworks or "special firecrackers" and use the contents to make larger fireworks or "special firecrackers." SEC. 8. UNLAWFUI. TO SET OFF FIREgORKS, ETC., FROM MOVING VEHICLES It shall be unlawful for any person to throw, set off fire or cause to be exploded any fireworks or "special firecrackers" of any size from any moving vehicle. SEC. 9. UNLA'AFUL TO SET OFF FIREWORKS, ETC., IN VICINITY OF HOSPITALS It shall be unlawful or any person to throw, set off, fire or cause to be exploded any fireworks or "special fire- crackers" of any size in any place within 1,000 feet of any building occupied by patients atany hospital, convalescent home, home for the aged or animal hospital. SEC. 10. UNLAWFUL TO SET OFF FIRE".'ORKS, ETC., ON PUBLIC C'AYS, IN PG.RKS, SCF.COLS OR PLACES OF WORSHIP DURING SERVICES; EXCEPTION It shall be unlawful for any person to throw, set off, fire or cause to be exploded any fireworks or "special fire- crackers" of any size on or in any highway, alley, street or other public way, sidewalk, park, school, school yard, within 50 feet of a canefield or within 1,000 feet of any building used for public worship while services are held therein, unless permission be obtained.in accordance with Section 5 or 6 hereof. SEC. 11. UNLAWFUL TO SET OFF "SPECILL FIRECRAO ERS" AT NIGHT; FXCEPTIONS It shall be unlawful for any person to throw, set off, fire or cause to be exploded any "special firecrackers" between the hours of 7:00 P.M. and 7:00 A.M. every night of the week, except on New Year's Eve, Chinese New Year's Eve, Fourth of July night and on nights permission is obtained to discharge fireworks pursuant to Section 5 or 6 hereof. SEC. 12. PENALTY Any person violating any of the provisions of this Article shall, upon conviction thereof, be guilty of a misdemeanor and be subject to a fine not exceeding Five Hundred Dollars (4,000.00); and if the person so convicted shall be a person licensed to .sell fireworks, the court may, in addition to the foregoing penalty, revoke or suspend such license. No license shall be issued to any person whose license has been so revoked until the expiration of one (1) year after such revocation. BILL NO. 214 (AMENDED) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. tins AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3, SECTION 11, HAWAII COUNTY CODE, AS AMENDED, RELATING TO SPECIAL FIRECRACKERS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3, Article 3, Section 11, relating to special firecrackers, is amended as follows: "SEC. 11. SPECIAL FIRECRACKERS "SEC. 11.01. SALE. It shall be unlawful for any person to offer for sale, sell, or give any special firecrackers to minors below the age of 18 years, and for any minor below said age to possess, purchase or fire any special firecrackers or fireworks except as noted in Sec. 11.02 hereof. Retail sale(s) of special fireworks shall be limited to the period starting from the last day of public school before Christmas and ending on New Year's Eve and one week prior to and including Chinese New Year's Day and the Fourth of July. 'SEC.11.02. LIABILITY OF PARENTS OR GUARDIANS. The parents, guardian and other persons having the custody or control of any minor under the age of 18 years, who knowingly permit such minor to posess, purchase or fire any special firecracker shall be deemed to be in violation of this article and shall be subject to penalty thereunder, except the parents orguardianmay allow such minor to use any special firecrackers while under his immediate supervision and control or under the supervision and control of any other adult. "SEC. 11.03. PERIOD OF USE. Special firecrackers may be used, subject to the exceptions in Sections 8, 9, and 10 of this article as follows: "New Year's Eve. From 7:00 P.M. to 2:00 a.m. "New Year's Day. From 7:00 a.m. to 7:00 p.m. "Chinese New Year's Eve. From 7:00 P.M. to 2:00 a.m. "Chinese New Year's Day. From 7:00 a.m. to 7:00 p.m. 'Fourth of July. From 7:00 a.m, to midnight. "It shall be unlawful for any person to throw, set off, fire or cause to be exploded any special firecrackers during the hours not provided for above. Further, the limitations of this section shall not be applicable to the discharge of fireworks pursuant to Section 5 or 6 hereof. "SEC. 11.04. It shall be unlawful for any individual to set off, fire or cause to be exploded any fireworks in any school, school grounds or school yards on any occasion. Any violation of this section shall be constituted to be a misdemeanor subject to a fine of $500.00 or six (6) months imprisonment or both." SECTION 2. This ordinance shall take effect upon its approval. INTR`DUCED BY: t Hilo, Hawaii COUNCIL MEMBER, COUIlZY OF 5A[�AII Date of Introduction: April 1, 1976 Date of Adoption: May 7, 1976 Effective Date: May 14, 1976 _2_ M OG �0 O O n W M n 0 M n V Cg r O C S H OY �n3 r m w i q Yt0'I a" a c p o E 0 n " n - ' o n O O O H n O O C n w n ✓ � u • � rt a v o O O ry 3 M 1 O N u e n O d O m � r ri v ri o ri m m A 0 P m m n • < L m r v y m S u n Sn O m i N m n n H Y O O O 9 n O tI m ] rn O m m rt m Y n ^ m c o Y fl O v m n + u n ro MO m p. N rt O ^al O n0 6 O m h E m m ^ m rt✓ O a aH I� mY r P 4 n u ] y 0 01191 b N L 3� O S £ 3 T r K y r ) n L O b o A e b z ro` r o O z r u 1 O O is nI Ip p n �- 3 n 6 m a n 6 b N L O S K y r ) n z ro` r o z r ARTICLE 4. Reg,uln tions Applicable to Minors SEC. J. CURFEW SEC. 1.01 PERSONS UNDER FIFTEEN No person under the age of fifteen (15) years shall remain or loiter on any public street, highway. park or any other public p ace, including any establisliment catering to the public wherein food, drink, entertainment, or recreational activities are provided, between the hours of 10:00 P.M. and 4:00 A.M. except in case of necessity or unless accompanied by his or her parent, legal guardian, or an authorized person eighteen (i8) years or older. SEC. 1.02 PERSONS UNDER EIGHTEEN No person under the age of eighteen (18) years shall remain or loiter on any public street, highm,ay, park or any other public place, including any _ establishment catering to the public where food, drink, enter- tainment, or recreational activities are provided, between the hours of 12:30 A.M. and 4:00 A.M. unless accompanied by his or her parent, legal guardian, or an authorized person eighteen (18) years or older. SEC. 1.03 PENALTY Any minor violating this section shall be dealt with as prescribed by law. SEC. 1.04 DUTY OF PARENTS, GUARDIANS Any parent or legal guardian of a person under the age of eighteen (18) years who knowingly permits trim or her to violate either Section 1.01 or Section 1.02 hereof shall be fined cot more than Five Hundred Dollars ($500.00). SEC. 1.05 DUTY OF CERTAIN BUSINESSES Any keeper of an establishment catering to the public wherein food, drink, entertainment, or recreational activities are provided who 3-121 knowingly permits any child under the ago of fifteen (15) years to remain or loiter upon the oremises betw-en the hours of 10:00 P.M. and 4:00 A.M.., unless the child is accompanied by his or her parent, legal guardian, or an authorized person eighteen (18) years or older, or who knowingly permits a child between the ages of fifteen (15) and eighteen (18) years to remain or loiter upon said premises between the hours of 12:30 A.M. and 4:00 A.M. unless accompanied by his or her parent, legal guardian, or an authorized person eighteen (18) years or older shall be fined not more than Twenty -Five Dollars ($25.00). SEC. 2. CHILDREN UNDER SIX SEC. 2.01 ACTS PROHIBITED No child under the age of six (6) years shall be permitted to go or remain on any public street or highway in the County of Hawaii, except in the company of his parent, guardian or an adult person, provided, this section shall not be applicable where such child is going to or from schools or kindergartens, public or private. SEC. 2.02 DUTY OF PARENTS, GUARDIANS; PENALTY Any parent or guardian, having the care, custody and control of a child under the age of six (6) years, who shall knowingly, voluntarily or carelessly suffer or permit such child to go or remain on any public street or highway in the County of Hawaii unaccompanied by an adult person when such child is not going to or from schools or kindergartens, public or private, shall be punished by a fine of not less than Five Dollars ($5.00) and not more than One Hundred Dollars ($100.00). SEC. 3. INTOXICATING LIQUORS SEC. 3.01 INTENT The Council of the County of Hawaii declares as its legislative intent to curb the open and 3-122 unrestricted consumption of intoxicating liquors by minors in all public places. SEC. 3.02 DEFINITIONS As used in this Section 3: A. "Minor" shall mean any person below the age of. eighteen (18) years; B. "Public place" means any place, building or passenger conveyance to which the public resort or are generally permitted to have access, except duly licensed establishments regulated and controlled by the Liquor Commission of the County of Hawaii; C. "Intoxicating liquor" includes alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter and wine; and also includes, in addition to the foregoing, any spirituous, vinous, malt or fermented liquor, liquids and compounds, in whatever form and of whatever constituency and by whatever name called, containing one-half of one per cent or more of alcohol by volume, which are fit for use or readily converted for use for beverage purposes. SEC. 3.03 ACTS PROHIBITED IN PUBLIC PLACE No person shall provide, serve, or offer for drink, any intoxicating liquor in any public place to any minor. The duty to ascertain the age of any person drinking in any public place devolves on such provider, server, or offerer. SEC. 3.04 ACTS PROHIBITED OF MINORS No minor shall drink or consume any intoxicating liquor in any public place. SEC. 3.05 PENALTY Any person violating any provision of this Section 3 shall be punished by a fine not exceeding Two Hundred Dollars ($200.00). 3-123 ARTICLE 5. Unoccupied Lots SEC. 1. DUTY TO CLEAR Every owner of. any unoccupied lot the frontage of which abuts or adjoins any public street or highway within the City of Hilo, shall clear such lot of all refuse and uncultivated under- growth thereon to a depth of not exceeding 100 feet from any street or highway adjoining, whenever on such lot there is refuse or uncultivated undergrowth to such an extent that such lot has ' become or is likely to become a fire, health or crime hazard. SEC. 2. REQUEST TO CLEAR If a majority of all the adult residents within a radius of 500 feet from any boundary of any such lot, shall, in writing tc the County Council, request that such lot be cleared, then the Council shall refer the complaint to the Chief of the Nilo Fire Department, the Administrative Officer of the Department of Health on the Island of Hav✓aii., and the Chief of Police of the County of Hawaii, for examination and report. If any one of the three, to wit, the Chief of the Hilo Fire Department, the Administrative Officer of the Department of Health, or the Chief of Police of the County ci Hawaii shall certify to the County Council that on the lot so complained about there is refuse or uncultivated undergrowth to such an extent that such lot has become or is likely to become either a fire, health or crime hazard, then the County Council shall notify the owner thereof to clear such unoccupied lot of such refuse and/or uncultivated undergrowth. SEC. 3. COUNTY MAY CLEAR If any such owner, after notice to clear any such lot has been mailed to such owner and posted by the County Council, as 3-124 provided herein, shall fail or refuse to con.ply with such order for not less then thirty (30) clays alter such notice, then and thereupon the County of Nawaii may proceed to clear such lot at the expense of the owner. The expense shall be a lien on the property so cleared, and the County of Hawaii may recover the amount of the lien and the expense and costs of the same by action at law in assumpsit, or by any action allowed by law in equity or that may be prescribed by statute, including any proceeding allov.ied for the foreclosure of tax liens. SEC. 4. MAILING OF NOTICE That notice to the property o,^ner required herein shall be sent to such property owner by mailing it to his last known place of abode or address and by posting a copy of the notice upon such lot of the owner as requires such clearing. 3-125 ARTICLE. 6. Interference With R,.dio Reception SEC. 1. ACTS PROHIBITED It shall be unlawful for any person, firm, co -partnership or corporation knowingly or vrantonly to operate or cause to be operated, any machine, device, apparatus or instrument of any kind whatsoever within the County of Hawaiibetween the hours of 6:00 A.M. and 12:00 P.M., the opera tion of which shall cause reasonably preventable electrical interference with radio reception within the County of Hawaii; provided, however, that X-ray pictures, examinations or treatments may be made at anytime if the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable interference with radio reception and are not negligently operated. SEC. 9. NON -APPLICABILITY This Article shall not be held or construed to embrace or cover the regulation of any transmitting, broadcasting or receiving instrument, apparatus or device used or useful in interstate commerce or the operation of which instrument, apparatus or device is licensed or authorized by or under the provisions of any act of the Congress of the United States. SEC. 3. PENALTY Any person, firm, co -partnership or corporation violating the provisions of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00). Each day shall constitute separate offense during which such violation continues. 3-126 ARTICLE 7. Tampering with Motor Vehicles SLC. I. ACTS PRO}il KITED A. No person shall without the consent of the owner or person in charge of a vehicle, climb upon or into such vehicle with the intent to commit any injury thereto or with the intent to commit any crime, whether such vehicle be in motion or at rest. B. No person, without the consent of the owner or person in charge of a standing unattended vehicle, shall manipulate any of the levers, starting crank, brakes or other devices thereon; provided, however, that an operator of a motor vehicle may release the brakes and move a standing unattended vehicle for the purpose of extricating his vehicle from a parking location. SEC. 2. PENALTY Any person who shall violate any of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding Two Hundred Fifty and no/100 Dollars ($250.00). 3-127 ARTICLE B. Iay Rifles SEC. 1. DEFINITION As used in this Article, "toy rifle" shall mean any weapon using compressed air or spring as the propelling force to eject therefrom a projectile in the shape of a ball, pellet or rod of any type of material or any weapon of similar design, nature or f unction, wheth e -r usable or unusable, serviceable or unserviceable, or modern or antique. SEC. 2. UNLA,''HJL FOR ANY MINCE UNDER THE AGE OF 18 TO 0,1N, ACQUIRE, POSSESS, USE, OPERATE OR PLAY WITH A TOY RIFLE It shall be unlawful for any minor under the age of 18 to own, acquire by purchase, gift or otherwise, possess, use, operate or play wi_t'n a toy rifle; provided, however, any person under the age of 18 years, while under the immediate supervision of an adult, may possess, use, operate or play with a toy rifle, provided further that it shall not be lawful for any such person under the age of 18 years, under any circumstances, to possess, use, operate or play with a toy rifle in any public place, except while under such supervision upon a bona fide public target range. SEC. 3. UNLAWFUL TO PERMIT ANY MINOR UNDER THE AGE OF 18 TO OWN, A.CQUIR.E, POSSESS, USE, OPERATE OR PLAY WITH A TOY RIFLE It shall be unlawful for any parent, guardian or any other person having the care, custody or control of any minor under the age of 18 to permit such minor to own, acquire by purchase, gift, or otherwise, possess, use, operate or play with a toy rifle, except aF otherwise provid,=d in Section 9 of this Article. 3-128 SEC. 4. UNLAWFUL FOR ANY PERSON TO SELL, TRANSFER OR GIVE A TOY RIFLE TO ANY MINOR UNDER THE AGE OF 18 Except as otherwise provided in this Article, it shall be unlawful for any person to sell, transfer or give a toy rifle to any minor under the age of 18. SEC. 5. TOY RIFLE FORFEITED WHEN All toy rifles owned, carried or possessed contrary to this Article shall be forfeited to the County, and shall be destroyed or retained by the Chief of Police for use by and under the control of the police department. SEC. 6. PENALTY Any person violating any of the provisions of this Article shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100.00). 3-129 ARTICLE 9. Disaster Control SEC. 1. POLICY AND PURPOSE Because of the.possibility of disasters of great destruc- tivrness resulting from tidal waves, volcanic eruptions, flood, earthquake, .fire, or other natural causes, or from enemy attack, sabotage or other hostile action, and in order to insure the orderly evacuation of persons and property and to protect the public peace, health, and safety, and preserve the lives and property of the people of the County of Hawaii, it is hereby found and declared to be necessary to make unlawful certain activities as provided herein. SEC. 2. DEFINITIONS As used in this Article: "Impending disaster" means any situation where a catastrophe threatens an inhabited area and the Civil Defense Agency has issued a warning that the inhabitants thereof should evacuate from the threatened area. "Disaster" means any situation, usually catastrophic in nature, where numbers of persons are plunged into helplessness and suffering and, as a result may be in need of food, clothing, shelter, medical care or other necessities of life, and the Governor of the State or the Mayor of the County has declared a state of disaster or emergency. The power to declare a state of disaster or emergency is hereby conferred on the Mayor. SEC. 3. TIDAL WAVE WARNING - ACTS PROHIBITED Any person who commits any of the following acts during a tidal wave warning period, or during and immediately after 3-130 a tidal wave shall be deemed to have committed the offense of loitering during an emergency: A. Loiters, loafs or idles upon any public highway, public place, sidewalk or beach, on foot or on any vehicle, in any coastal area or area subject to tidal wave action. B. Disobeys any direction or command of any police officer directing traffic. C. Refuses or fails to leave any area, public or private, upon order of a police officer, which action impedes or tends to impede the effective and orderly handling of an evacuation or a disaster; provided, however, nothing herein shall be construed to prevent any authorized person from 3aw£ully preserving, protecting or salvaging any property, real or personal., or to prevent any other authorized person from performing any other lawful duty. SEC. 4. POTENTIAL DISASTERS - ACTS PROHIBITED Any person who commits any of the following acts during an impending disaster or disaster shall be deemed to have committed the offense of loitering during an emergency: A. Loiters, loafs or idles upon any public highway, sidewalk or public place, on foot or on any vehicle, in or close to an impending disaster or disaster area. B. Disobeys any direction or .command of any police officer directing traffic. C. Refuses or fails to leave any area, public or private, upon order of a police officer, which action impedes or tends to impede the effective and orderly handling 3-131 of the impending disaster or disaster; provided, however, nothing herein shall be construed to prevent any authorized person from lawfully pre- serving, protecting or salvaging any property, real or personal, or to prevent any other authorized person from performing any other lawful duty. SEC. 5. PENALTY Any person violating any of the provisions of this Article shall, upon conviction thereof, be subject to a fine not exceeding Five Hundre� Dollars ($500.00). 3-132 ARTICLE 10. Disposal of RIfuse SEC. 1. DEFINITIONS Unless otherwiee expressly stated, whenever used in this Article the following terms shall be taken to have the following meaning: A. GARBAGE Shall mean and include all organic wastes not fit for animal consumption. B. RUBBISH Shall mean and include solid waste or rejected material including, without limiting the generality thereof, paper and cardboard cartons, straw, excelsior, rags, clothes, shoes, bottles, tin cans, china, glass, metalware, leaves, grass, tree branches, tree stumps, and any other material of similar character; but not including such materials as lumber or iron pipes exceeding five feet in length, concrete blocks and tiles, cement, acids, ice boxes, refrigerators, ranges, radios, television sets, phonographs, bedsteads, bed springs, tables, sofas, chairs, and other furniture, water heaters, water tanks, sinks and other similar materials or equipment of a weighty or bulky nature. C. SWILL Shall mean and include all food wastes which are fit for animal consumption. D. REFUSE Shall mean and include all discarded and disposable matter, including garbage, rubbish and swill as above defined. 3-133 SEC. 2. RUAOVAL OF GARBAGE, RUBBISH AND SWILL Every householder or occupant of any residence or business building or premises within the City of Hilo, County of Hawaii, shall remove or cause to be removed to the County Dumping Grounds all refuse from any residence or business building or premises; provided, however, that nothing herein shall prevent any such householder or occupant from disposing of such refuse within his premises by burning, burying or destroying the same. All garbage and swill, prior to its removal to the County Dumping Grounds, shall be drained of all liquids. SEC. 3. RECEPTACLES All garbage and swill shall be contained in leak -proof metal receptacles and shall be securely covered at all times so as to exclude insects and animals. All rubbish, except hedge cuttings, stumps, branches, banana leaves, palm and cocoanut leaves and other similar materials, shall be contained in metal or wood receptacles, or in paper or cardboard cartons of sufficient strength to adequately contain the contents therein. SEC. 4. LOCATION"OF REFUSE AND RECEPTACLES All refuse and receptacles, as hereinbefore mentioned, shall be kept or. private premises and shall not be placed upon any sidewalk or government right of way for collection purposes, excepting however., refuse receptacles that may be placed and affixed on any sidewalk or government right of way for public use; provided, however, that for the purposes of collection, such refuse and receptacles may be placed in that area of the private premises adjacent to the sidewalk or the government right of way and the refuse and the receptacles so placed adjacent 3-134 to the sidewalk or the government right of iiay shall be placed so as not to constitute or contribute to the creation of a nuisance or to the creation of a pedestrian or traffic hazard. SEC. 5. LICENSE REQUIRED 'It shall be unlawful for any person, firm, or corporation to engage in any business involving the collection and removal of any refuse from any premises within the limits of the City of Hilo, County of Hawaii, without having first secured a license from the Director of Finance so to do. SEC. 6. VEHICLES FOR REMOVING REFUSE All vehicles used for the collection and removal of refuse shall be kept in a clean, inoffensive and sanitary condition. All refuse shall be handled and hauled in such a manner so as to prevent the scattering, spilling or leaking of the some. SEC. 7. DEAD ANIMALS The disposal of dead cattle, horses, mules, goats, dogs, cats and similar animals are considered the responsibility of the owner. All dead animals shall be properly buried, burned or disposed of within a reasonable time after death, or before the same shall constitute a nuisance. All small animals such as dogs, cats and similar animals shall be accepted for disposal at the South Hilo Landfill area only and provided they are delivered from 7:00 a.m. to 2:00 p.m. on weekdays when they can be buried promptly as a part of the regular operation. SEC. 8. WRECKED, NON-OPERATIONP:L AUTOMODILES AND SCRAP IRON It shall be unlawful for any person,firm or corporation within the County of Hawaii to leave, abandon or place wrecked or non -operational automobiles or construction equipment or 3-135 parts or portions of such automobiles or construction equipment, or scrap iron, or other similar materials, upon any part or parts of the public streets, roads, or highways or upon any premises of another.. SEC. 9. REMOVAL OF DOORS OF ABANDONED REFRIGERATORS, ETC. It shall be unlawful for any person, firm or corporation within the County of Hawaii to abandon refrigerators, ice boxes, wardrobe trunks, or any other container, ecuipment or appliance having self-locking doors without first removing and detaching the doors or covers from the same. SEC. 10. EXPLOSIVES, AfMUNITION, ETC. It shall be unlawful for any person, firm or corporation within the County of Hawaii to dump, place or remove to any County Dumping grounds any explosives, blasting materials, fuses, live ammunition or any other substance or material that may explode upon contact with heat or fire. SEC. 11. DUMPING REFUSE IN VACANT LOTS, ETC. It shall be unlawful for any person, firm or corporation within the County ct Hawaii to dump or place refuse in or upon any vacant lot, public place or in or upon the premises of another. Sec. 12. BURNING ON COUNTY DUMPING GROUND It shall be unlawful for any person to set fire to or burn any papers, trash or garbage deoosited within the dumping grounds used by the County for the depositing or dumping of such trash or garbage without the permission of the superintendent authorizing and directing such burning. Sec. 13. SALVAGE OF REFUSE. All materials delivered and deposited at the County dumping grounds shall become the property of the County of Hawaii. 3-136 It shall be unlanful for any person to separate, collect,. carry off or dispeso any article from any County dumping ground unless authorized to do so by the Chief Engineer or his representative. SEC. 14. DISPOSAL OF REFUSE Acceptable rubbish, refuse, household appliances and unburnables, within the City of Hilo, transported to the County dump area by any person shall be accepted by the department for disposal. 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I A, lc,aa-i, ple lt leVia, � , �r , n �� :� I p i err" � ') C r �J e �w r v. �I �mm mo tl 4 II vu ra I" J' �' I� p�r,Wo-a pnrc», 11 r aw -, ��' nmrrry �,y✓^„� rN 'w 1m +rw' Within, •a proposed wvpP- Ww '^� wu�v�.. rrraa FI x.mw lum �w.0 N.smM� Ig � 1W mm i w rri � ..,) r1,:)ad • a . k s r I@ ` .lvv . � ' I�Y l ' � a o � � '� >�' 's .' p I �` o j r ' . ICS ''t � D ""1 wp �If IµIN� u..• � �" !IIyII�y�p �' r� y hp W .. Raf ^�' m � a ''r ,u rv, � w � 0 � �i r� vrvn, """'�""�� -1,;o � IW, va'rw" rv�wd' . rX� n" .m nmrrrm mlmuv a w asW'0 .n a vi ` a mmn rmim, m s®r•�^ �Wwl� iiMP•.4 a ik� 'M1irul�II �dW.. I� gpp w nra�' �mmw�� r.Yd ou uu�ices,uu Y� aktl@�r�m-, he fpr wmlm!'� flip°,+�y�rn r»@IuI �p ypp' "� u.m i�W a "^wry "�w� °° °� w•� �r y,..w^ tri Y r IISb,�Wr�kr�" j@uwow Ip:. �'m � W��%�yry",,�Iµpllryrl0 � � v„a"'��r uwdww. � Jp: "'^Np,��, � "N,�a� r � �a "^luumgv •rr�, wr+,Al ti"W� nrr r b�iw'Vr JW mmYNmv '�Wlru, '�j��' $100 W�{�X"rW�^Np Publication u9 .. Of r,1,()GnnPr rrr ,,.c er" urlry and omrd`. ri uM,ao ^V r V+� p e i rtV' 'c:n s that i,. V�rwr�r r be MWar�Y�� N�^' pin �%"ryyp yI by "m 1� XM wn4/mrw mr a rv"Myrm✓ 1 v'p V it rrcrµpg I urm. iry !��,,Vm"nA'V '��$ I�^�' mm iron r mn rd» vry Hire Awrm i rm .^ 'M,nN;vM" d+ i "iY n n ,yyl u e N a ®' rv^� '" < wmm v 'qmw " "9• Ir, •.. m �"" +Mw nr�� WXmrW rtrKm uu��Mln rrv' rcl 'M� 9 I'I'�µ� A z A wry 'IrE:, gwiF mn ur ��.,,IW ny,X yI','�,�; au ,n ��ynx4tl ••, ,.rd vw R t e d - . V ,t ^.•Jr I n�^ ' :a p^ h Nmrva !4mwa� r 'NwW �a�m l� los "�N r� �� , u �r ,. Ir t leo y . ,. r s pry Il sm S`� E F) i I 'TO PLAI`,,tlJNII,T,!G 3 F'E '14"Ll-1, r, COPj,,l,,MLS`SION i c 1, 1 "'IL, s rl 0 -f e e It C) e d 1 ni. f 1", rr)a 1 a c �t 1" s L, a le� n b, y U,,ie C o u,,, rl - C o u n, c t ,",i p 1". 1, C, zl, 't i o ri a. I'll. Ih e i-, �JD a n d i:- el, te d rrt�ci, ca �]rl (.1 C, 0 '0 "I sld], b,c na,ferret.-I Lo ''t� e 41 Pl a rin 1 ri L I v,,,r'Yi, s� a I I., S, I* c:)I-1 li, ,approval olF a locat," I t sYi a I I tti dy 't he, -Lo e n c u, t1rib e r "n y cS-, e c *1 c) n. -Lv, Yi e E,;', C, f vil-i, * c h 1 2. s s,e . z o, n -L,,,rig al, by "j, i n a, n c s, s a tu t, s gene,:r,,,al Plan zin(c], P E, NA LTY An y p e rs on v :1"', 0J.''a t, 1. MY ,po.l L c i. e s P,,i nc`l, r Ill a n d e g,u,, 3- c) n �o f t h, e, -i, c c-) rivi, -i e s li,, a 11 u p o Y o n, e r e o P I a r -i n, .11".., ri g, �,it ri i s, s, c�� n f 1,, n e n, o -,V, exceedinig V5(",')O.i B.o c n e a in, -'L , g c,,,,�� ri Clonkd,'t ic t b,"Lli r) S,, t j,. c t i a 1 'cat i- o, n, COU N",'Y a, n o o v i s i, o, n,,s : 3 r P S k"I:)v e, nin g, b 1 c li,earings A. ae, rri t -i, u I ei 1, 1, s Co tj n ty Co de t,h,e City of' Hil'.lo, t1ri,.e Cl lief' Engi.r),ee,,,,r of the� Cau,n-,Ly I -c �i "I , t IJL L s ec U, xi to Cic",u, -,,L-y CouncI. 't he r, f "ll":', �e S, E C �jj, 4, T-) , iMW S3, l,,,lo, c err,.ie t c ry, �s h a 11 "b e 0 'Fl, lo c a "t e r.1 c), r") a n, r,"], i c 1, 1 "'IL, s rl 0 -f e e It C) e d 1 ni. :1 1 ,s ". rn r-),` J e c t 11"'i, e s 1. 0 I'l, ,o f a pro p o, s �c (,,:1 1 o c z�:,i t 0 "I'l, 1011j, h I Y�l i c) t, a s (,J, f o rl -L ic rrn, t� n, Ii z �il, 1 b e f:7.,,,, e e rd" a n y, *1 r t, ,a n, c i a I cl, t"i c u rrt b:rr a ri c c (,;3:r ,approval olF a locat," I t sYi a I I be unlawful -Lo e n c u, t1rib e r "n y cS-, e c *1 c) n. -Lv, Yi e E,;', C, f vil-i, * c h 1 2. s s,e . <: 1 �e f'o i�, 3* ri L e r n"i e r SEC. 5 P E, NA LTY An y p e rs on v :1"', 0J.''a t, 1. MY n, g S) ea c s 1 a n d 4 of tl,'s Arta, c I. -i, c c-) rivi, -i e s li,, a 11 u p o Y o n, e r e o r),e, pun, shed f 1,, n e n, o -,V, exceedinig V5(",')O.i SEC 6 FEE 'l-0 BEI', GI-LAJ-,`t,,GED, "El"OR COU N",'Y PLOTS For ,ea ch C ou, r�i t Y—O Wl led ce'ri-tete-rY Plot at: A. ae, Cemeter"y Irl, t,h,e City of' Hil'.lo, t1ri,.e Cl lief' Engi.r),ee,,,,r of the� Cau,n-,Ly of I I i a *1 *1 S li,, a 11 c o, 11 c, c t a f c,e of $3,7 0 wh'i cril, S I-li iai 11, b, c e x c bi, s I, v �0�(f t ll Cost of' di i n g 99 ari,d coverl"Jig tll-ie plot. Eacl-i clem, tery, pliat a n o Irv, xcc:�,N n, n e f'e e t 9 .t.,r 1 1. on g th PI a n, d f au r f e e't, 4 in wldth, I= ImIn c 0 1, ( c "."t cl, ri E5 c, c 61, a,f'oresalcl' FiDniance Dirr,7-�c-torof tl-ie Cbunty o - f-," lialdr,,laii ir"), crr,,ri(,,,l,t,ery fum-, A 11 rn o n 1, e s d,e''P 0 S 1, t, e d ri t h e , c oc-�,, 71 __I et e r y, f u, n d r e, s e t a, s'l., ci, e a n,,i,,J, Irl s, h, a ll 1j,' x e i-ii,cl,; le d f al- t h e rn o v e i; e ri, rri, a 1 r), t, e n ca, n, c a ri� �u �,)kcee p of Alae Cerriete, -yMP ImIn I � p "I rM 2 AR"ll-I Da n, c e si SEIC* 1 DAI%-'JCE 1-i0l,"JSE OR HALI ,D E F I t,pJ I ',rl ON A pu b Li, c rzl a n c e 1-,iou s e �c,), Yilaall lup,,,at',h:-Ln th(,-,� ri,,"iea,r-.ung uf -LIi,,isyr is any h.,c)"us,(z�,, li,all,, ..r, C 0,111 U S id -11� or p)t), b L lc (,J, a n, c i n ig M un rirm; o r a (I m.3.. S S 1� !on t, O INhIl (I.,#, h f e e s aj, r e c h a :r- g, (, c -I or co L1,1.1, e c-, -t e (.1, wh,e h e .rl� d 1*.,,T',7e c t 1 y �f o r t s o i t -i (,,11, e c 10 y i n, a i7l y m a, n r-ier b y w a y 0 f cc ,-),,v err:, c Yi r g e s f e e,E"; f 'ar inar-- c- , or o th e,r - 0 c li,a rg e s ny, na", o, f L;u r�, e wh a t, o e ��v e.-L",,�, o r Ji-ril c li fe a cl. a ri c; *1 n,, g p Y. --t n er s r e c e 1, v e o r ha v e -,i- a g,y,--,e e d t o re c e.* 11'r v c c",),r-rn,,p e, I ol"I p: o, e "L R h c), w r),, ��v e r, -L- h, at c 1-1 u c h a 1. 1 s, C I U h "10'Ll S E'Itz"), 1 1-1;:, "1 [,1, c 1, -i e oc c a Suru* o n. all y u ed for i::iances, at wl-ilch ir') i s, „r.„ a I no�d oi-�,, a g r r� r d, t ol I: e p a 1. d to an,"y fc-m-,i-iiale a nc-,,l 1-1, 1"D, ('51 „/h... �U, e r s a e n, a, ec, ri. -i, -L, .,r .1 n c 1 u, d 3, v) t I i, tl, e m ea n i ng of 11, 1. s A..r L N c� --,f rc, v -i t::i'r d f ��u, 'I.A-i, le�l !"I't CX oBV icei se fe,c, of Gn,e 1",)"ol I ar o 0 'pa,i , (::1 thc-,�, FJ'Lnair-,ic�,c-�, olf -the CO'Llllt'y Of 1,1a,"' 11 -.IM or z, A, a y or r -I g 1"it vvh, n c Alrza n c C, a r urr✓ 71 h 1 d l r C h c h il-r, ch 11 s c h, o u, s, s,, o .,.r a s, o, c 11 a d m S S 1, o n c h, ar g e s ur f e s a r,c,c o 1 -1 c c t c c"I' rn SEC. 2 Ll CEDI�I�ls E I - h,, a 11 b e u n 1 atai, I I t cs f'o r a y, persion to krep or conf,.J,,,i;,c-'L a i:-.,mblic dance house or I-lall. i"J"I the, Goun-ty, of H'awalIL, unless 1-111C,ensleci so do. SEC 3 A.T)lPl',,ICA'T.`I0N LICENSE A n, y p e 7,. s c) n. d cn�, s,.L, r 1,i -i g t o 'k e, e o r c o n -c -i", u c "t�, a pu b J., i c dc -at -i c e I'll o, u',. s e o r, h a 11 li-n th e C ou, n t, y, o f H i i s h; a 1,, a 'k, (El a p p "n, L c a �t o n, t, 1, er le, I i n vir i i, ng v e r 1, f, I e �z, d, L�l i,"i, d L to e 1 r ec o, t e mw C ou nt, y mm, Hawal-L, fc vvll,l h appl.",ca-1,ion, shall- se,tl, I o 2m A. „, n1A i4,,.nz a n cl, d r (,,- s s of' r M!oi �,,.°�mN .Hr.;�„m -i c) r du a, .1 a- I a n, 1 r"I'll 0 1 v 1 TI C, If' a f 1, 11 o r o r a. Co� I 1 IvDj iw f U-11- 1 n, a n,,,i e a n ici, d r.] r e ss ic) f t h C11 ")37 III c I p a 101 n 0, r, s U 'Ci-L, 'i. n, an y, v 1-i'r f u 1 rn n r,c,r', S IIS ',r ,,a n d, a d d, r e s s o 'f 1:', h, e p VM� e o, n, wh o 1"Zo e I n, s foa- t hEfC 0 (,:J c -L: c,"I a n cS 1r-i s a,, c), da n c e I-1 o ur o r h, a J,, I F) 1 '1 c a t 1 c) n, c:;,1 f �,)t, 1"i e o c c u p c r cl o,�s, n -U-I"'e pl...,c�c n A, 1. f r"i, h e 1 oc a 't of 't h, e pti, bl :1- c �-I a nc, e 1-i o u, s e o:r I-I a 1, 1, f 'NI r vv h,-11- c 1-1, a liiceln,se is `n W fmim A D., Thje full name an,d address, r,)�f the owner of sucl-I [:,"'I e r s n, s ri r o, .1 o f place or o",f thr k) 11 C) 1 1 r"i ic o ,ryS,r I c"i P.1,."-e n,w cz-, s LIZ vrh[J.. c YI -t Y.1 (nj @,p, p 1'. C, A3 e -,”. T�-i t cl e s Z c a c. e rl f c.,)r C s uv t Ii, a t, I"', S vid-i, etl-i e r f o ori le ir:J a y s ev ';a I. WJ, ,a y s a 'm o n th o r a �y, e, a r F. ZI p 2, -'iia t ne" I A stateni�,et-it uridc,erc)(sth -LI t h e p 1' cant, the perso, ;w h,Ive charge of the jziublic darIces nar w off, any pcirson intended, to be er�iipl(xyEz� d I-i za, v e e n f ,a n, y o f f e rics e a ga 1, n, h, y� e, .1 a w s o f th, e Stae uvc,sof 'Hwivail" 01,11 the S"t,at(:ss of hm,[.c-,,,.,r,i,ca or li,qruors. �Xu EC., tllMr 4, OF DAII'dC E C,)[ HALI Every 'pu 'b 1. 1* c d an, c,, h, au-s e r h a I. s Ii a 1.1 b, c 1 o, c in�j, 'L,,, e d x -t,,., o a 'r-1 d a d a c (z N, n A o r c o-, n, t 19 U OU S to z),U, 11,c)IIAL, Ic I a d, o r 119 %p C-1 1� r 0111 - 'A GV a- n a bu 11,,(,�,J, 1. n,,g o ca t e d, ri e x t t o a ri a a c e n, t", or c o n, t 91"10 U s t lo a pu b]-i". c r 0 a, ci or Ii... g h, vv, a y . M149 IS E`c 5, "NERS 'r0, Q0l,,,l:SEN0F 011 '1 IR011"I"Y" 1"Y' O'Vv S 1-k a l" I b e, a". s s e d l[c) r b I. " c ci a, r i c e I-L.ous c:Ib o r li a] I,. un -1, es-, s It 1�i r e a 1 Sh a 11 If lr�I Is I-, b e pr e s (z),n, IL o a, r i, d, il e d w,, t, h -Lh e FP i n a ric, e D", ''i r e c u ",r of "tlle C,01.11,Ilty 0'�f 1I avv a i. concal,[ I., f s, t y -f 'a"m r ,y,,) e,:r, c of' W f` ti v o h,:uri� d r e, d uwners of proper -Ly, a rzi,,dl.US cv.,', and fl"If'-ty, feeic. of 'the cen't-.c:-l�cr of su,cl", crvnJ',anc.(,,) 1, (,11 o I ha 11 or a rvy, propc)jsed cance hc>L,is,le or 1-ia,11L. !`%J, o pr o, p e ovv In, e, r s, I,Iia b con,sl*dc?,re,,r:-J as having, con,r,,,,en,tecJ, unless and t,,mtil a,,ncyr and all, lessees of' any L 'TI I, e to -tl,'-"ie uv,,Vrrier of 'cl C 01rl S E?,,,L, shall lr"'lkavre j*o*nc,,,,,,,� in a conE;c:,mt nl cl wl I the sz:,ucl-i 1,.i.c.(,_,ri,,se. SEC. 6 VIT"ot I T' TE,'7i AI T E. ve r y a (r cat"On fo,,I,,-- C�, i,, cei"i s, e sli,aJA_ have attac,hc�,.Icl 1 t t, t a w r t t, e,i� e ry,,nA i 'In"g the fac""C-, the 1-iouse or 1Wi,, �E'-)'i l'' 1 1 ra a,,rIi,,. 'J., n, pir:,,� o p e A:,-, c oirid-" i -t-1 i o n., f o, 'a I wl h V, 1", t Irl, d a n mw,,, e s t o b c7,, h e 1 TI'a 'I, c ''I N "PE.,"I"I"Iftlt S-Til,all., be If cluly s��i,`Llgr,,i)ecl approved 1:)y -1:.',he Bu) 1, 1. d g I n s, c-0 r of' th,( Coun-L,,y t F -I *11 1. o 'IF' of liawa,l* 1*51, tl h",rJ.. of he 'F *1 C D epa.T.,��tm(c,,�nl, or, a, De,,p� j, ty F i. e lkli a, r s h a I o t h e S -t fa, t e of Hawa,jil*, anicJ, tli,e Depa:r_U�i,i,,e,nt of I-Ile,�,,,)]Ah or, iLt"S �,J,uly appol-n-lLed agent. SEC., 7 -i th e 'Mw p jI ISSUAlt,,,,l!CE OF e, ra It io n p '* w tt en;, c o nf, s e f, t It a n d, wrJ`_ �i' 't e n p e �rirn, i r,rl e r I t a b ov e 'h, av e, b 1 ca e n� P, Z_R 1. 0 Cl e 1c,"I by thcA. applal-can"'t andi. acce,jA,e(3 by tlie Fifnair'ice Dixector of h e, C o un, "L. y of ��f �iw a pp i, a 1 p iii y tl-i e f e e e -r -r i, n f "f te r 1-1 aw a i- i t'l c specl''flecl to tlPhe f 'I I a I I -tdna;, r f o r, -t, h, e t e o r -t c 1`1 m s, s, t,a It ed, in t h e a iI p c 1: 1 -C 1, o n z,,i_,rn e n, L`h;,-,e s a, D r e c to r sh a 11 1, MY s s, u el 11,, ce n, s e to o 1,) e -i o e oc,)r h, al 1, a s a bl *1 c' d ia,n, c e '-r E�' c5 CrU 11,) e d ]I us hou,,.s e or h,,a 11 'r o r t h e ter o r terrris 'for 'w"u0n, the, fec,,s, ha've been pa 2A Im S EC 111 r�V TRJPI,,,, F E R B,"41rvrrAJcmv le r, ''0 nil c� 1 s s u,G t hi "I is A r t "i b tr ar"i, bl E" c),1,F Xc e J")t It, a 1.]l „VVI 41 appriolve,c], 'by thir,' F1,!n a rw lc",,,e D 1, "r, C]" rC, -t lo, 17, of Couz-ity of H �iw a 1- 1 af t,ry 1, p pl i ca, on, as su c h -It r a rt F3 f c:, rr e e h a is, f hc c,,J, zn, 1 1 e ci b, y provic', IS ec of' th."L"s Axi.-Ac, (n, a c-,,, 'L 1-i lo u g 1-i h w e re, a ri "I g I 9b OW 1 ap, p Li, c Ia ni:., IF S'E c Thr-cI, an nuir-, le, f o' license L,ICE�4SF-., FEEIAS a t o, o p e r a -L. e a ,v' -1 cj o rx y ez"i r ru 1-1 a 11 1,,)u,,) I c da r�l o),u s, e of iOne Jiund:ir:M,rs;�-rw^ w.ifty ]Doll-az-'s (11.150,00tl,�i,e fee fc,�r $ ( 3 0) I V icor my days, shall be, Filty Dollaj--il,c- a ar,-'id t�nrci fee flor one, day or ni.gl"vt. -i-Y r=i,bel" lc)"f i::-,,la'�yr S "glAs lc,)!j,,Ss tll,an flor ar or th1*:,-'t.;y, d,a,,y,s shal,.],, be a,t thra :t:-z"t�, of Five Dollars i.,,, ca,,,,var . .... i c e, a I ,a p le r d y o Y. pe r n g h t,. A-1-I f 1 1 b e pa y a b 1 e n, (J C j-A, p r 1, lor to thr�-�- issuance of a 11C.&IISe-6 S cz r I S 1"S 1, �401 A 1-1 1 es to I'l 1w, - V 10 1 ITI 0 0 F" I-A I c EA a 1c), I c dan Ic e h m-,i s e oi- 1-iiall. Sllill SUA)Jectl, to uau zill be luvr* -t -id placeida upon -Lhe f o 11,ovv "rm), g c c) i"), d i- ti o n s vv I sh, le ri, a r my 1,, c. erisrumor ,Ali The dance hv,.,ise I 1-1, 11 ano::l -Lhle prc-,lizdses, Yrall be, lu :i, zri, g all, t1ri rc-1, t n uls, e br,:L,lgh-t,1y ligh-,�hlccl (3 1"7 B 4, .11 b,e,,tvv,e e n, No, i,,tnd,ue famillax'i pa:L,-n-rs, shall be ty perrnlmor 'Lead la,t ciance. 1",i4o violation of I'm be allowed or clance 1icw, e, or h, 11 µµ,,i le r s o n, u 'n id, t h e 'I ri f 1 ti e n.,cr c) f I b 1''(, cy., - A r in in sai,ci, I p, lie t t- (J, to b( oj,', remal` canc,e house o hall. oz,- upor-1 prei,)'I'filses used i.n c o n n ec 1. 0 r), t, I, e r w h D it, o n, e o ` c lo c k, a D ,I;- rl.i ci Irl"11 C 1., 0, 1 c 1, 00 a 1,11', S.1 Z1.131 3, s le a t Sm -1 vi mp t1ru"i t 1"i e c o d"k,.ic., E r S 0 1 z 10,1711 0 1". (00, n c c ii,ous e, o, N 1i a 1 b 1, muA (m (Ans in v o v i ng vi Iui, o 'hi.), s , b, e ru n co r i �v 1 c; (u) I'll r�, we"'E", -t:, n Ig U 1"' 1, t u e �o r 'In -t o x uf ku,, IL, a,l 21 luu-,,uy p % e "' g h tc� e n i, cl",U, 0 1:, �1 0 *1 s u n ��,:Je r th e ge (f- 1 y � ,�,. , °.m�, V ��u, c lui, '"I . .... Y"iere si.i r e. anic be p, ,F T:�ublic cl,arice 11�,.otise or o h a 1 b te a p r ov Ie d, 'i. n� 01-10 persoYrj w c a e o, n -t- C ou.''ru'l, t y of 1 ce gyp. w t i�- g b y t h e o f I'lo, 1 Ir I I �on "i"he du ut 3 . . ...... . 0 'I . ..... . . 1,tdt aw a 1`1 0'�111",� C", 1 I I y > ,so 'ei,,nployed s1 ).a1..1 be -t,o 1<,,eey,)� order,"arid ci-,Iforce f lam and tliuecondit] 0 f t I` t h, e o 1" "vance o, L c dai-ice, as 11,,�Jo, f c- tc� s.) i a e I u u ,,j c. e 1, Y uo� "L C; n, ic �r "u, , 11 1/ PU'b1' c, Yious,e or d ,� r�,ici 17, 9 a :1- [I,�') ."', ur, I hal.1, untiLl she p r o d, u,c s o r s ho lvv s, a b 1-1 c a tt- o- '1-he:r,, clo(,_-,umentary proof -to t] e ce:cti I holder of'" a license or luu."I'i-s ru,,iana,gc,�r and, t;o t1i,en,, rrs, g, o 1 n g I- th e f o 10 para�.,jlraph F a t she i's 01'Ve:r, th,( age of i8j) I t Yie GO U "t t y SEC 1 1u. BOND The 'F an c e L"', r c,� c t o of 0 f uH ("I w ,a s a 1, 1 t'hc� Li,c,cn.see furnils]"i. i.-,), 'bori,1u3 to w 1,,ie u n,"i o f F 'i ��v I if: �,,cll Do.1 5�00,0, 00) cl n t the Gow-irty of 1, I'll nic uch 1 c; u. ca uu� a, n rorder n publ f o 317 t Yi, e f c -a t '1171 f ul c,�j b s en, r va ruu), c o c1f, a, n c e h c,') u us e, or 1-i, a 2.1 a n c-3, c� lul, I� w] -i ut, 1 10 1`11 S o -t1i,,,e Hcense. I=, IL S ice -th(,,,, Co,uni-ty, ibe2 s of cc,'.,� d '[,i.ity o:t,, ariy .1"71 P, o ce 1c, tmr nt of C' ty "N ) e, a. r c h" F , I D e p -t� o f 11 �i I arl. d /o r o o 0 f f i C fTl Y' ,any tii"i�,Ls e,,,tcr ariy r of C a I-I'' Ou S-j ct,*ng the _r, II ia I I. fc"Pr U""te �J,)Urpos:,:,� c o,,n d i -t Ji o n,s, tli e 1 n E10111111,JS TO 'DII, %'_: D IS P LAYE "D Ailly 1W, SIEC 13 IL T C 11S�71,' H -i, a J, S A_ 1 E p r 1 C IC? ri S e 31. S SI 1, 01 ci, u r"I "C".3 -,t h, �t c 1 :�si, 1--ii, a 11.1 1) e, L of c u OU u h en vIi ch s a` d 1:i., c e n, s I., s, s e, sz f o r v .1 S J: 11. ac e o,r',i, 1 S 111SU, e r s o n, at t, e ri�, d IL ng PETZLvvi, Et j�` ]WIE TIED S EC 14 �%IJCDI L, i o F P a n, "Y, pu, d a ric e o u, s o r Y.,j, a, 11 t a ke -t� o o, r, i�, y` „y �t,o �sz:.�i I., d bI, ]"I". C P I an, h O'Lli, s e, o,"ir 17,11, a it�a �rlky J. n tc-,�I x cz:; � tILI, n I., quo, �2" Ca c ®. vv 11, ,t �s o ev r, a n d no X� i s �� s c ol n, ii e pu bI ]". c dl!, (I, n c e 1-,i ou s e o r o:r, a ri, y p 71-- c,,�; rt�, c t,r rci 't h e u.4 t 1, I LREI",,J IJ h d� S E C, E I GFI "I"."E E 1\1 1"' IB" "FE,"D It 's a -),u,, e o:1,,.,, hall,, be u n 1 ain, f u]. f o r a n y 1:11. c en s ec.,:'! o f a n y ��u. b 1..1"m, "c d a !rvc e _'r, e rl, or, a,rlly ox, s4c,.:rvan-L',of &udl 1. t 0 Cb i n,scc u 1'er 't,hc,,,),, z.1,ge of (�.,?,i,gI-,I,."teen years. -to vi*IYW t or ra:,,,,Ivain in a n S E (30 1,6 P E, NAL '141 ES Any p,,7,,,rs(.)ri sl,iall vio-1,ate p 11, 'a. c-1. e, or who s-,ia,l I oper,at e or :L 0 r�) �S t 1�,I s A Y t any of' -the �1 # 'Ic I: '1_ 0 11, 0 as, s,a c"i ri- the opej--a-,"t f a publii. c, Cd ritc; u e o r h "'t I �u f r r,,�edl. rig Fi- ve, A n a,, 'y pu b'12"'.. C A d i f 1, t I'l, Cl E� Vi: n, a n y c e or any mvri�r, r c)d,,,. e e a n o, r f OUC t r"i, v " L C I a e C) 1' 1 hal co ciii,31, of aiiy; i-ir u Pr "'t"" cl c , LI I e n, ii.-ii a d d 1 �"t 3. or-i 't o -t h, r�, p e al-t, *1 CO, S e r --th . . ...... . hE','Teinbefore J"udg(-, uyrr� 4.9 ,C) b , a D.. 171, 1, li 9 a n. y, EM, i:i- c n, s-, ra n (,J e r t In,, a, s ,rl rn, ay u s p c! r,�,,i orcl �r r ic III 'r,') "k tr"a, 't 1"le 1 J-, c e ri e, o f s, 0 c1l, .,I, p ar- so n ianc] rni y p :r- s, cr *11), e a n Ey p c.,,, r J- o ci not a, a n n, e e a r W d u r I :mm n h "l. &Y'i s it i Ec p e a,., s o n nnz,,:.i, Ey b e 3: o h, 2. (J if r 0 m ,C) b , a D.. 171, 1, li 9 a n. y, EM, i:i- c n, s-, ra n (,J e r t In,, a, s * j "L . I A r t L c - e ar ,, ric, a ' -[A-ie Judge ur Distric"t "l -I av,,j a ILL M a, y rrilay sus,,pr",�Ir.,')lcl Al"'iel uii of sucl,�i �yI rull c d,nce hcx,i,,se or hiall, f".`li all-ly p,,,,ri,,..o,c3,' of tiome # no t e kc Ee e d i�,, ng o ne ( .1.1 yc-.� a r .11 "S E S EC 1 `7 REVOCATIO114 C.)I"' I..,IlGEl"EEJ A F li� ri a ric IN D i r ec c f' Etlie C mi.-i� ri -ty if "l -I av,,j a ILL M a, y r e v o k e a r, ",ii y c n se 1* s � u d it.i, riwi I,,J e r Et ,- i s A, Tr tl cl e III p:il,'--oper, shclvvi,"' be' 1 r ng m d, c t o rri Ich a, -t b e e n, 11,11 o I. a t, e by t 11"i e, 1-i o 1 d e rW , t h (,,i (, o if or r a ny cii if hl S C) -'s servants, age,li,-,it"S, or or �1:1"-,iat the2cl.0 bicen rowzly]l slf"I'l, fights (,)r im-r-i-tox"Icating ll(,I,,uor fi dancle hous;c or 1 -tall follr a, liclenis,,�,:ll 1-iias becan. Bit A if 't e r, a 1. ic, e nsi e 1,�'i a s b e, e n j- s, s u, y r,,3 a s ME, pr o, v *1 d d, e rel'rll., ancl 11 tl-ii Fa,..nar:ick�,,, Dlrc:.,!c,-tcz)r af th,e Caur",,ity o,:1, 1-1 a luvra",l., .1. i n -1s, f tltn a',y faxilse static ha"I c e ben kri,owimigl'y made in, any applic�—tion, he shall fo:r`-'t'h,v4r,lth n SEC�'o!. ER"JI I `1* FIE Ql.J "ER) ]"t' III) C', SD y g C ) C I No ,L r"i,,, o i:",, s Yi,f',f o,i:.':,� s, a 1, e o, :I, s, e a i""i 0 zvil, W") J u un, '171 e r c I �i a ni s-, e ol r s e j ,. v jc e s or, c a r,, r y o n a n, y s t e e e ac place in" the County at"iy stre(t,,, S1cI(-,,,,wia,I1.k, a] e y vii -i y o r ,o f H avi, a VvIr )"L lic"), f Ii. r S, t vitig z a theref'or froin. e tl"ie F."L'nar"ice Direic,'t-,,or of" Cof" H a vial 1 tm ,..Y Cz a ri d, �,i, co i, -i 1,�i a b s s e ci i. n a c c. o r e d a c CIV 0 E C a n I csi-,'i,ch '[DeM I t S s p Wp r 0 �v i S 3. o n s el u, i"ri e, e d IIIL rl 3 1-1, 0, c -),,f` c 'be suI:,41 ec-t -to at.,ispensa"Lon or revocatiar��t any violnn..1atior"'t of' ir.he d lt`n! fA y o a 1,:,v - h u th, or' S c. e p r f t h, I Cou �r t c 1 0 f t h e, Farn * 1 y o r :,ce vc) lic -''i. "wa. I a 1 e , s "t": ed :','L''n �tDi ,x: 1* I '6"Ju (�3` 1 I.a I C ,a in a, "t I (S'? �(,Jtnt "U c h, th e a, MY r d c a d, e c a sed, si i.,,t, a b "p e rirwi,,_ -t a 11 be n L�, 1-i e f a -r -i -n, a c In c o, t a i" e i�, Th e c1c),n,ta-J`,,.n,e,r bc so thiat i lam.. viv 1* e ririb o c), Y, a su 'It, a b 1 p a,. n, fic) e c o n t a rl r t c), t h c r,, t',he cf i, e o - f't I -i ho e, S C 0 -t, i'l, i. n g uvQ 1-1 e I,- e, 1.1 b, e n rpI ic,I Ind i ri'i e s vj :L w or g n t : b TI'i e c a r, d, s o enc a se,d' S 11, al I c oi-i t a I f"n e f o 1 low J.. n g 1 r"if, o r -ti, i, o n hc ap i, MuC'Pin t, typ e, 'Of s t r e tr; "t rard`e-� t o b e e ri g za giz-,i c-1, 1m rI r11c] a ir of us s u a n c,*,,, e an d da t ,c:71 o, f expixation, of the CTJ an.,, a small ull f e ident-lif icatio,n photogi-caph of" -thc), FEE A cha..,..�,yge of Orw,.6 Dollar (Id.00) "*r th(?, F1*_,ri,ancf.,:i t t h e -H-ie Colun-t'y of . .... . a clia g o �f ,'tu�e( of' ti��i,e 1SSUWICE.?W01,� to I, a c, uON, i t F'.'L�f'ty Cen'i,:,s; f'or ai-,i,('Ii (:,,�very of i ca X.U 1" me rrn'-i, 1* "1"'; 11 bec,1orrv'..),1,, loL,,:;�, Ea cupill t o r y p T ED 0 f 0' f 'c' u c 1"I 1. 0! S S, to �"H'l ES JE'i a 11 1:), 1 S, S u 'C"'? C U p ri s, - i,, t cn, f a c L j.,. r "I"'h le r, Y.i all be a IF i n, n c',�,j D * ,, t c) f tli�e C ou, t', y o f "1-1 aw a . I c h a :',til le o,f F "w", f ty C'# n, 1"-" p" 0 S a r Ea 1 n. s araf o p c a r 0 g r, Jj a dup1lica I vir 1, c) f a d, p] i ca "t le p r� i#'iri i ��(; ., T'l-i ct a p p ']_C" si Yi al 1, lir t r e - le ri,,g a g, i_ n la'ni y s e c it, (",3 c s'u 1) s le qu,rc n t o tl"i e I oi,s s o f '11, S not i.-ssued, o -i� r 1 (,.1 -[J'_� sl- g r, Jj a dup1lica I vir 1, p i i.,', rn 1 a s 1i e N 1 iun. n, j) r 0, V --i" . 41 ag e of "t, c-,,�� n SEC o 3 C 0,F I,SS1,JAN('_`1E. b e s su e I r c) s, A i,ch persolms. S El C 3.02 S, E C it, 5S'(.:'��Xleet [::Vades sl-iall not i.-ssued, o b o y w -i, o 1i �s 3" ri ol" a t L, a IL n, e d "t Yi e ag e of "t, c-,,�� n guka r �,z:i_La n o t'l-li e r p er so n, yir,'�,,ars ar"i,,,"113, i,")o, girl wl'��ijo, ]""i,,ac, r ',ix 1) 'ch �"dl aim JEE. n� (t,cl], `N p.. age iorf' sl x t ej 1, 61E y c a, h D:"L r e c t o �r o f ILYi, 9 n, a rvy s t r c (,'l t trade <� �rild T i o 1, ''l I pypl -I-,- sl'i,al 19 S b e s su e I r c) s, A i,ch persolms. S El C 3.02 '1',n,,' 5S'(.:'��Xleet [::Vades sl-iall not i.-ssued, to w,,,,i1,y age c,1,f" ly e ✓a r s le x, c e sl thirc., y)er,, 'iicl c,' 12. (":', L., to 'D to WP mw Y or an, zed ag&i,"i,"t, oi�-'rl suc',I�i J_ r7l 0 "1' s b,ehalf b Y th, p a guka r �,z:i_La n o t'l-li e r p er so n, WE ha v g th, e 1 e 9 a 1 custody of 't] ile imt'iinor des to ob,"ta:L11 @ peinn'.-LI, to, engage 1'n all', s'tre( t t:.... a c-3, e SJr"iou1_,c-,'1 t'11(,l D,:L,,,,,r,ect,o,r, Fiwini'.,lly Court, o,'i.- an. a u th "gnu r z Ee d ag c �n r',cve 1,Ssuaniccl., o,,f a p pT 1, r a, peniiiti sio pet1*:'t-.[,.onec1 by 1,:��arerit, o:r,, quard:Lan or oth,&rE- P 'licwIng th e I e g a 1 c S, i'_, r., d, Y C), f 1 7 -,i e rn i n :r'wt,fy Finance D:"L r e c t o �r o f ILYi, o u n t y' o f H a w a J,_ ".1", o''f u, c h 'S �_i p p:r Eov a 1, Ea'liicl is h a 1. 1 a "t'll"i ,oil r i zA:,-j-'h h t* 11 in, g t 10 1� s s u e a p e r 1".01 L"-, c) -ti h, le a p p c a ri -t# SEC, 3#03 N o P,c�,, r r('ii Ji tl sshall b(:�, �,,,J to, an,y n,"iinor 'u ri, r-, ic 1, t h,, c a,g e i Ell o- c e ri-i 6 'Years, wl-.,ilere t"lle rtil-flol" Is I.. n ,a e n (,,,,],,a n. c ie, at s c II o c), 1 0 I "L 'L c, ri o,,f 1, le a:r, n i ri, g u n. 1 le s,,,; s u c h Ell, I Y" Pri t'h,(, requclst be 'Iji', r i, r e co r i t t e i J. M�m N, r r"l, I c" zr'd fro,'t"ili, th& Y �cl Dli c 1�.' ur: Fa i,", C o u r� 1719 r . e ""« r. �V { �I M �, ,a Y� „w .Dp "J �,. irlin�� - e c'i,,, i c a -L a, It e n d e d b�y In e rv,n,or at lr:'lie U T"'ll n c'u, p 0 rl, t he s uc h, a p cr-;�, 1. t b e is fue cl I t s -:i a 1, 1. b e e c:li i e ri -L. J.. z, e d g o g "n, IE'4 't n a i..x L ly Cc Ii, DI ..... . .... . r, C F ,a t i nc-L p c o n s, i d e, -,,,r a -L MT �i-1 �t a y- r eq, ,u e s t �,rria(_Je ill, W_1�1_ lng,� by -the pr, a li e 0 f cl-i a o 1, or "rl S *1 t Ll f learn,lnc bel"ng at'l.;ier-i�,cled by t 2. on o t'l-, e pertill S U S, p e cil, c s la c h h ol c:l e r o f C]L P f t h e j u, c: n af' 't r e r a rwM I cl"i s, c. h, o, o I ,r e v oR .Ikm, Jap e s od" h e s --L:ctia �(,,le Ile t 1L v 1. or, lean-il'.1,191 ac e tl 1 ,r,,ro r a r e c r lzi� n IL al e clu c a, �c), a I- b y -1, hi,,, -2 g a e IM, 04 Ll Cl -1, ai i. n� h. e e 0 f -L'"Y"i c."), 'P r,,jt "E C, _'n, g a. U, P i: j (,-f h" s clotl'i t 1,_,gll, t 'i�l, p 0 n 11 F I n 'p] a i, n, s pe, i I i a 1 vv 1� ik 1 1 e a c t i,,,i a, .1 e n gr g d st r."r,:,", E", e: i""', 't a d e a, n s ,a 11 t-,lUt'n s i 1-i, e r trr:A to 2. s i ari a o, f f e r, s a " c], p c "t- f ci,, r t t a, 171y t 1 n S-1) 'I'D e 10 y. yr Z, Z31 a t o d d y e g a c� a v i, -i, f 1, o tJr,i, e d a-t -e, of' i s s u, a n. c e ii, n I e s, s rl c,:';% v o kt,.:.l cl -,"F cT,..,', c a u s e �x o r,,, t. o t' e I P e rrn rrn u, s, t b r e n aw e d 'by, tl-iie 1-iolt-l',er date of' exp r a "t I cl .r s ],-tou 1 his d es, i" j- e to, corl-tinw W11 11, e :L n, a r a d c o fr a p e l:,,]L 0'� 0 f x rS "'I'L 6 n o , nt h s f rr,, om g e �' s IL r e elt ), the -1, date of S E C,# 07 A.1, 1 p e rtrl 1 'n - rza, n s f &I'l a'b 1, 'A' Y 'I ,, e r It o, u s, e -L, ti g, a WN, I �j rT I"i ( 1 1,,) e i a n ot iA"i (3 v, al * i�3, p e tv I Dm s h,a 14c, cl f 'o, r `,'L I 11 4�11 1)", '171, IV 0 li, vi Iq l]"I s pel"Mi�,i a v c s , 1c. Ico 'Col"I 'I")ITIO!""JIS, �OF 0YP)4,`li,A` IS ECO 40,01 1%,,lb 1:xe e r in: 1 n, o I t t e, d tI Io, e ri, g, i,:ig e .1 11, stI��ieet the 1,iour of 70-00 A*14,01 0,11, i�l t 1, 1111, It h e h ou o I,f0 0 P Pul on any, day S E'C 1.1102 No irt�i, i rii, o r e r i, g ag e i In (a 1,racir"', ,p 1 y h:i-, si -t,,T,I a d e virl''I" t YvIL' n tiv,v f e e t 25 o f' tlri, e e n, tr a tic,", e lic,,,) L qu o, �ry 1S p 1`1 ITI 9 c"'D ti h a Lil_ 1"i.,i �r,I, c. 1�,) a r lor 'b 11 h m nn c.,), r ri n y- o 1: h, e r pl a c e g e r"), e r a 11. y c o r -i sl. ::r,c-31 unT "I'll 0 111, IS, -,L f 0 In, Is, 11,111"I'll C 4 0 103 11 " J1111. k"') iI * sl:,, re e 1, L ra d e s s h. al I 'i. n, I-] ng a n y w ay, m e s t a', rot, pia s s b y o r, p s t 1 a, n, w i t "l-i:i r ii t h e s Lzl,�ov' a 1 k a r,, e, a 0 -.1'. o b s It r u c, t d i cs, -,tu b r,) r %rv! u o u c huin" Maw stl e -., a n n o a r�i, 'h o 1, r."l, o.-i. Iw c u s t orri, e r o, -,a c ef t IC) 'tltl,,c7'5 E'', i"',, prosp., i,v e c a il-i y vIIII n d o w S I 0J." Yi e -u 0,37 vi a s ig n o r a ny, o' ,i�: C pri-vate prope-Ir- S -,C R`E.,,,C(D 1'7 D IS 0 F P El - 1, 11 " F's S-) 11] C, il 50,01 It sl-ial]. 1:�P th �e "i""iL n 'Eli,il e clu t y o If ",ice Dir izj�c; t or o f t he C 0 -t,i� r Ali f Ha w a,,,,j, j_ a 1-i d 'U"i e, D i r, e c t F"' P, I u r o r a ri -L-o ke,rzp a reci:)rd u,f"' III1 s u e,,ci, a, ut, h, o:r,, 2. z e t c *1 01 gt h I s.) a (3c, e s s :j-, ala 1. n g Y�i e, n. I�i cz), cr.) f "t, Yi Ga h o 1, �,,.ie r agj'ies,ex, typz of s:Lxcet If.-., r a d e c,�� n gcr.i g er,,.,. 1, n, rJ, a t, e wI J*I- s u, a n, ic e daten c,),F` expi,.ra,t,i'0,rl,@, T1, .i, le Y, a 1 a 1 s o k, cz,:!� e p Ia I ec o, r d, o ren pe.'r,rn.its -,,y-evokerzl or siis)"r.)enclercl along vjiU��i, tl-ie :r,�,easo.ns. for such I ai, C t tlic i on, L. C �.O I t s I a l I b e U i du,:ty, of the of tle Ictioli'll, Fl a rt'i I ly C o u'r-i[II o �r ar'i Ia, u, iu, h o r 1 z e cj a,,� c-,.,,,, nt, It o r I p o r It i "1 ii'u,necli..I to thie, 21, "IN C',� 1111% Finance I)m L, 0 cu��f` tlie Gourv,Ly of 1-Javvraii, @_11 Ir, a ml ,r t,s, csvuspf,,�,,�nc];I� r.:] or revo',l?:c th :r', asor-is for sucl-,i ar -t.l,on,, c, n e SECSW # 6 Pl:]NALTY An ly, , 'i i, i"I or w -i o a, e i i, g g e i, a n -y s 1,:, :r 't r a d w -d-i o u t lrlIt,a7"n(7.,,!d f:lLrst h,,ay.1-419 0 ") a, tc' do so as provided, ar 'A I ) m mm -)A -)y of the (3 1-1',( -:ia V* "011 �J, -Ll "I'd, 1, 1 v w I :LJ19 01 a Cl c -I a, c a, v *1 o .1 ai t 10 r) 0 f -t hi s �r c 1,(,, s 1-i a-1.1 e cN"i i, (, "'�' ll',, , , C, �, ,, 71 - 1-L ( 1, i ai,-i ,l. r g o f S (., c F a n c,cl n of a County Havvall a* Mo b . .. ... ,S E C D E F rj 1"sl, ITI 0 SEC 1 ., 0 Nlobi.le 1,101"fie"' ar-iy ve),--i,,ic,1,e or pa.�r-table struct,t.1',rc �, havii.rIg rlc,,), wl-i.eelLs, i a,C 1,CS C) T�, b I o c Ic s a In 11" -u rd, as s o cle s I'll g t,i, e cl, c) r c ot-i 1101rc - t, 0, I'D E� 1% 11111 occupf�f,')ncy, "for O'T"."", Sleeping 1:r%poses., ,f(,)r 02 14 UP, 'i ei,.-,.n a, r�),�y b i" le 1-1 A6 p1 ot o - g r o,,. n c,", f 3 up 0 11, c1h, t w o o 17 ri,��icDre homes dvvellin,,g or 5 1 e 0 Pi, n �c r e 1,0 C fra t e c, g a ,i,))-,,f,,,-,J�ry�r S c) fvv e r o r n. o t a c h ci r III e i c, e, f ( ,xr, ud,,i at'i'LoIr"If sJ g n, tz,.),d, by t 1 i e a p S ECO'* 1.0 3, "Pers fort, s, ariy ri'atti,."t-al f 0 11 t ru, s -t,�, pr r -t r s hi.p n c o r p o i 11, t, D n as,,s7, o, c � , " ,),,a 1, ( SEC,v 2 Ia11 b e u ril wur,(,irf u, L I C EJ,,%JE ` It s1 ) 1114,, 1 f c) r a n, y i,, r, -i pe,r,c,cmmmvJ ),r -i to ii"iain-La" o p e �["I'm,b,i1e Park vva-thin the IIJ C,c) u r,i, t y of I, av,/ a, "', 'i u 1-11 c S S Su, cl,� �hIr r �,i a cs h 1, r5s, 1- 2. n a o 1.),1 ta i 11"cer,"ise Li c-1 li�a r e s s o f e a p p c �i r A n pi of thel, m,o J B. Rie loca"Lion., ancl legal descri io bll e h a n,"ve pa- r rn S t a ti e, D e p a rtm, er-i A of ap)prov,a], from tfie, If of S]"lifD M, 1), a c e vv h C h, t c r 15, Pu b,l 2''. C VIJ I n, g c o ,adth Regulatioris, of 1-lealth, 0F', :L i- a nd 'ECO 0 APPLICATION FOR. LICE"I"'11,11,111"SE, o p C 01 "T I FOR, DUT -`VI LICENSE AP p 11, c a cm ,f(,)r zain, ii,-,iobi'1e lmirne par�,C, 1JLCE shia,11. 1)�e fiLled, vid-th and iissued b,y the Plani-iil 1, g GO man,"i JL', S1 5 10 rl Th e # fo 4 ap p 11, c a -t i c n s h al 1, b e i" n. wri-, t i -i g, sJ g n, tz,.),d, by t 1 i e a p 1 c an't ,a nci, s 1-ia 11 n, c 1 u, ci, e th e f 0 11 Ioliv.-i.n. g Li c-1 li�a r e s s o f e a p p c �i r A n pi of thel, m,o J B. Rie loca"Lion., ancl legal descri io bll e h a n,"ve pa- r rn S t a ti e, D e p a rtm, er-i A of ap)prov,a], from tfie, If of S]"lifD M, 1), a c e vv h C h, t c r 15, Pu b,l 2''. C VIJ I n, g c o ,adth Regulatioris, of 1-lealth, 0F', :L i- a nd f -»,; , h ni,ay be Ix n, f 0 , I n -o n a "t- ''ta d e t c,�, rrn 1* 11 i,, r,,,,-) Plani,�nng Gon,"iirn S L 2 o c mTri p a -t L bl e w t h, I f th e p o,� e ar k I I. ID o s I an c1l, i,,,i s, s a,r-I'd c, cin,"i s w i th ex1s,ti".r"),g and prop P all 1 e ga 1, i-nc,n., s al ,I f t h a,r:-,pl c j,-1 t s o f g o o c`l' in o r 1 c -,,'h ara c te r a n (I th. e p r o p o, s e d u, c - rc,% (,J, ol r a 1. t c:� r 'Ir c or,czl a n, c e in, a c r 1, lol b 2' c c 0 !n, s r be Ii-'t P I I. a r"i c wilL`,h c 0 vj 3- t h, s 11, c 1-1, P.,,Li�:� rl s a n d s'le,.,,) e c a, 1,-�) 1, e s -`I: a -tul- e s, O"'fF th.*Lf,; Ai . .... . . LJ"-c,le uvA, all o thc:,? i:1 a �p p, cce, 'J L I. off) In i,,� ".i. o n rn tl�i, e P 1 a i -i n J il� C o r dii,-,i, a,ri. c e s a Ii r (z].1 g1l 1 a t i, o n s, c n o i,,- ri g ,the a and, ul,,)lon cor,n,pleti,o f the Park accurd" -;u ic e 11 ED! �D 1, a n s, s, h. a e L. 1 IL s t''l, 0 1,' J c), rl `4 S)" F- I ER 0 f L ICE I Cl C AP I I C4 co 7- I�i e ,t r a n s f Ie w" e 1 s 0 f c ..' , ��, l mn"i ii s s, i o ri, S',I-ij l., s good �noral LAINsSi A l 1 rno bji 1,e, I Tl Y vil"T" ,I IL) 171 (".1, 11"'Ll J . ........ I d i. ng Code, County f lia w a I'L il hon,,ies shiall, o,:-rci to t e of ry e 1,1 b 1, c H e a 1 -t h H (Du s i ng C o, c -,t e C "h, a jo, ��'t, e r 2 o, f the Stia a n, 1 t.j e g u,_1 a t 10 ,IIS' e x c e "Haw a i ,I PU, III iC 1-,l a, I A. e n pa, r k e cl, '11, n a 1'']... cerl'scad mobil.e li,,crvie p,a,rk,,*, e e p i,ng pu r, When occup2 I -or clvfil ,B cl -f s o La t s I cl, o f a 1 di- c e n s, eiz"I b,,]'.,, le hol"[1( park f o;,l-- e s s t t h ia j-1 -t 1"i'll ll-` S I E C! PE*RiMITS F, -10 PS 11111,11,01 0 3. s h o �p o r s, h, o p f o r -U i, le E'i nu f a c t u, r o f po 1 o r p,aL,.a,':L .f."or sale th ri thi, e Cou n.,ty o o v d e ot 2, Havva"."I".1"'. except ,iorlier a as r,(. J_ ri, 'i -I "t " I r, Th e F i ri,,@ r"i ce re ct or i:.WIri C o u n Ly aut1mri-zec], and ciirect.,,ed -1,`.-,,o a., S sill C.-? U JOD on the r e c e,,I.'P t P,011, ,�, cmvu C 1".) �Islvo U, o f" a f o f C ) ri, e ID 11 1* 0 a, 'pi, e rrll . .. . ...... . f of �1,, 0, fl it", V, 3_1 of" thr, 7,H J,� I J, Gr'),U�V",; 'll "I"'y '0 D`J 0 S U C171, by toy C(-,)Urlty Gcil s,,hiall be, SCI -i S,11''o,p sh,a]_I, 'be )ropc_�a_.1.y .iru 'C I I., I Z. 101 cement sJLd,,c,,�'1 1,:o a 1'-ie:.Lg1 of" au,(:,,, leas,1., three arid, �:i, cesspool, s,&v%,re,1,.:, or Suct"i, di �,aii.rv]'*ng to a "Ll.'rap co,,r"),r,�i,ectecl I S, C as i,,�i,,liay 'be d], di�,,, a a g a,.),,,)pr,cv,e1fir. ,' by , h e b u 11 1 n rw a n cl pl ui-i,lz b I ri 9 1 s pe c or any ,a t e lu C w-i%,a*,1ab1,r ar, ac-leqv -i at l -iere there '10 J 1 s 1,10, p 1 a c "Nr °",„„ P 2,.S 11 13.1Ll Ia, b 1 e o f p,.r o P er d. r aiLt'i a g e r1l)'' P] yr' 0 f pe wa t e r�, ui vorh * cl o,r w,h,' Cya S Stal-Ae, lia�undry, abattoi.r or other plzice where, any b"LlSiness o1r h, pr o c e ss i, s ce, d, o n, o r c o n 1, o ri. n t a O'n, d wc h n a r,�, , I --I be a source of contami'netiorl op,i,r-iion, of" th,icC ou n, ''t yC c ),u r"l C* at, r TI 'lie pio,i or pa,ia,i mrll C1111" o i.- n. f o t o t 11�410 s,u C 1, 'Clited, for, any other purpio,c�.e sh o p s h, a 11, b e i"nni3 1'21, to, "Cal it""i e ci u, s e d o r o C� on]:y pure -'ii ne d, w a t e,,,,r,- s, h a, u s e c1l, �at a.r-ic.3, pi.,.,,ope.,,r" ma'.11AxH "t h e, �, e ��f o �ir- n, o r u n-11- ( s s, •`L''�,tl S3 i i a 1, 1 bk k �a.,,pt, !:,"o sc ir:, e e n� d a s o v c,,,,,, n t N e n lc, c r 3"'.. r'ig h �c :t:', L i,,, n n, o i 'U r s, s al -1 j..,ns.,ects fror,i'i, I EM 1;--n p rl, icc'� o 1 S c,hl:l. -1, y a T, S, c o n. 1,171 (D "L c), I -le r 't.1, I.,"',et I S. -L", 11''. S LIS (,`:1 d f or, o,r, :L 111(1111111� C C "(DI -I .. . . .... , lw,,i vv'j- -h f -hie U ic d -J:lfi.1,c--,- 3"1'" 111. 0 rl, oun I'll.) W P 'C 0 a "M!' 'n e b, e f o r e 1( -1, e:r��, "' 1 ""' z e e a, c hi "L,],,r h, 11.,, 1:,,) s-t,oragl(,:� o',f:',` poi.. w-, paj,,,a,i'-,, 'S c,:`) i,,,,,c� �c':,nploy&( o,,.,r,- bei"n,g usec-`I, n,o-.,i,, any pencY.,"'rr!m I S 1 11" f" .11 c e, c:l lilt-�i or z',lboul.-." such shi.op or build] -ng wl'air".,), �111 . . .... h, W31- h a r- y c,c) n ta g c): 1- n f c - t i o u s 1 s rci,, a, s a n, y lis OU, S, d d e, C, Cv 'jo;rw 11 CO`U,,r,,iJj--w,r cot� -t a, n,,i 1, or --Ln,fec'-t, e o p I I'l,aw ("ll 1, C) 0 10 y � 1, t hi e 4 w p o i o r i a it i t S J]"', c 2 TERIvIt OF POI SI-l"'OP PI E -O, �,:3, c.'O, ic; s, u. e, d, s 1, a 11 be -f o r a, t rz( -,r, o f o, n ye a r a n cl, s hal 1 'b e s u b e c t -,t o revocatiun,, E: -t any tai..nrie bly the U i,e colrnu','t�i.�c 'r"i�,r3a,ti0fl, f tln,,e Cour-wt:y, Coui,-,ic,--*l-,l 'i�'l appc,,.,,t,a.-'t-. an,alysis is tliw�w (z, Place for v�il"n-cl-i 1, ic issued o -L',, d a 1 w c I �i Ll c h ic e and ,i,, ,r n a,, n, Iu�NNa '74 c s p ec. IL" h, e U Ez, e d, o, r c:� p cr a,t e d d o (17', 1 1 OIIJ c 0 11, -1 Y ....... n al 1 1,. 0."., mrd IS, of Sec. 1 SEC. 3MI til FOi POI I I Vjrh, c h o n an,alysis is -flo,1111("aa,, -Lo con-tain, 1,�� ss -than tl-iir,ty per cerv�t (3 0%) tot,al. shall iurif 'it fo:c, I-,uu"ian food, I't i*.s VN h e r en�, by ."u ro va dEl' (IJ a 1 e "t ll a" o f S u c I "'Ipol sh,,zall be SII p:r,-oha*,'�,l�ted, SE C .61 4 P E 1�4'j'k L 7Y Ai-ly 1,,)ersan wrhc v,.Loliatcs or fail.,.rerr to comply v,,,rl`th ;,-,,iniy pr,:ov2 sion of -(-.his Ar-L.1"cle, call be gul""A"ty n of a ai, rs cl za o and ,i,, ,r "'t.,hereof shall b�e, :)u n'ls h e by a fil,"li f le s s, t y- F i. v e D ol 1 a r s, 25 ., 00 n 0, r ITI Ore ti -tan Fivc.? H'ar-id"Ired Dc')LIa . . . . . . r,),- s rr 0 0 . 0 0 Fu-:r.--L,,-,he,'r,,, If c-L'itch 3 I I hca �z-) "I"n "I'L iz- h e, s ri, -n,, e s lYi, a 1., 1 f o - r -f L 1":', e cli n H M, U, I S 1 se, As usrclld, "'LJi this Air ti- c 1 e t 1-,i e SEC 1 DE FI till 01"'. 1, food s l'i al 1 c o,'r)', s J F ,e xi p r e s is o n ()ry t, y' ar c e n! g u!" 1, -L, a, bl,� ("�l o if b,c,':�, sed", I l,-"'olof,,.-;'-J,, o'l-121,", i"'Iy' art'.Lcile ri�c or ca'j,,' -i, whole or 0 lo p, r e r e d E, �:s .1'iu ria, n food "I's e i V VAI,%,» -ri�o i T 2", (ID r), 0 f a 1-i Y cza tt 1 a'.r,-i, y p q, r t t d' d, e fl. n I., t' ,.„,,» z', 1 ar V; j- m g o a ti 1-1, 0 e Y"I 111.11 (D'i" c),r, d nt, loc, e y sh e (,,:�cp SEC 2 S 'Ll"T P E"O"F I I Cl r o s IS L --,c 2 (), j A, 1 1, a !'�'i JL T,�iri 1, s 1 a gl��i.-t or C"d f o 'r:' "li-, 1-i c 0 if S' ll(:'i 111. g �,"-Tli, a -t o r rr',,i, e a f 0 0 p OiJil"I C t s, -tm li r Ie of f o r, lit u i, W', z,:i n wr t a rip le (,J 1 n a n con hii-,,'all be s aj,�-id s, J r, E., ms 1-) 17 O'V I e -i d ed 1,-i o w ev a p pr ov e a it'ivi L" ecl s 1 a u g 1-i li"'l # 1 31 J- S t So 1 )" ta, that ii carum L, be m, ,Ived El"I o a r -.i a p, p3-,,, o v eic":,11 a r-ic"i" c et, ver b, e v e ri, a n, n S 0 1 r"ll u "i J c a ot t 1"i, a, it ri, z J, moved ,an anc L c sucl-,i ar- ll'.C�cl'lis i,::J, slaughterhouse,, e d f u. r t I, e r 1 - ii a t, -t h oe- a r,,d p .w:. o v,'i. a" y I di l"', a '-L el. y s, 1 a u g li'i -t e is e:r, t I�I,a n, -11-1i re, to %rvhi,,-c0'l'' hr -i lvc-)ad ar"Id �311 v* ;'Ir a, o t h er 'S s c a,2, C, 'a, s to m ai- c 1"t bladcler ani:l a -,e, held, by t'he r -o x'., 1 n sp e C t 10' 1 ` 1 'I I n ei d at to ch rti,( n, t,s si h, a I b e r S E"C 2.02 lli,(. ca.rc.;assies z',),nd p,a-,r-t,',,.s tlriereof of alill -f i t, or, meat foocl f un d to be siou,r-iJI hur,r�,izn- cor',iswrli, h a 11, bIcr;', a g, 9j, cl I abelecl and -ty of t t n s,, pc:'� c t o, r 1( o n,, as Couril z -ti If 3 b y' a u liawa 'i In,, s c -t e (,,,:3, a, n d P a s s, e d o]'- b, Iy ci � �,L (n,, r a p oij,:'-�'-:r-i :J -l- e it a irti, p L GA in s o pa, rt s h a v e 1.) c'ln: n 3L r') s, p (-,:l-c t e a, n, Icl,. p a s s ed showi,r-iig sucl-i (-,,arclL-,,ilZ,'l)l' .11"'7 I 'I'ver by sotin,(-,,��, otlie:c- agency he,',T,,-,ei'l.n- 'pT.,,, ov t,,, coi""] d C"', 1-1 All mm 6 C )l 01 11C 1 ig i,:,, lal:)( 1 ,a I a u tY,i o r, i.., z c i'ti e i th, s C) c,,)r cilc.11) c a, r c; ac s of ho, -e I, p a, r ts pro p r, "t Yie If 0, 1 "ll. 0 v�v 1. ri, g a, 1, " i, a t,(,,, i,u c- r n t r'ik c y rri, e, a ot n it d e s g n "'horse r,rirnia-t C11 ,j 1�6 1 o r"i * a g 's s, t mi p o i, IK -r si, I'll l" 11 11 1 1, a b e 1,, 111, s t, LF Au t1i or z d ;,n, e a, P a s Ins;, , e r t, e d a r,�� d C o n �cl, e ir ri, ci carcasses ancl n 01 .0Q P f �cl, u J,-, 1 (3 to b e u n s C), Ll r'l unlric a 1 th f 'u, 1 u n V, 1� h 0 1 ( si c'), ,c) f a n,i', �;,,ixl 1.`11L, ll �41,c as s (c� s a n d -1 '17"Vi 1, S-', E2 U ir-i f ll -t f c) r hi u, r,r�r, a n c o, n, s u iivp "t J. 0 rl, a �r-i d a 11 c a:r % ricl c �ri m—; d ".,:,y, h a.]- I b e s, tr o "W. ecJi c -1- ce- pa. rt s tliereof tlius in'ls��,,)�,,,- - % 0, -1 o tl',-,i,e ve-teln!-narl,an I , e, �f,:J •J- S P 0 o r o 1-i e,, E,: a e cl,,` 1, r e c "t rn IWC„ oaa t i, "I'l p''C"",� c t 0,j 'rl c h a -:r,, ��j�. �w:. g e '0 OF IJANS A1,44D I S EC A! :"' i-` lh, E�: r. PLT�4D- UHEI, 'l- llp -al c,)f the Coun,ty 1, approv 11141DE:7 Coo3 0 01 rri-if To� c y lc,) L s :L, . .... an D n, a r, i s c c-) re d ui,, 1 y 11 c e i ec'.1 veteeit,-' C, ot;,r"I "i". I'll s h a, 1. 1. p rif e 0T` 1, O'n. .p.^shall ha%re ha,t,,,,,., i. -n, i-i,-iera,"t t In,, e C o u ri 't, y ,^"; f Hl, a, vv iEa) a p ha n, o n e v 0, L" H i n p O.T .». ,.m`*,, r'-,"�P ,., s li, (e, liead by, th!e Count,"y Counc''.1. J c o r,.i e of t, 1-i ih s h, al 1 be C' s 1 19 r ') a of' 023I�en� ,,-o c -W'11''l le n c f ic a o n, s si hi a b, c� a p p o t el,d necesfsz,ary exper an c!"iJ, a-,' '1] 3. bi y ,�y t h, ez., NAL a y of r lu�iv, i . . .... th, the appr viial of t1rit Coul"'ity C ou nc li, 1 2L i, a n s, 0 i.nspe S 1, C 3 The ve-ter, n a, r and mela-it ctors and �i p c)l o r o f' tlri, e B u, r e a, u c) cr,i� 1,11 .1, 1 ri d u s t, r,y J, it e, �:l S, 'ta t p s D e f 'I zin (-,,ac,cu,ra-t,ca of" sl-ial-l- keer 0 111 k i , , � , , " - d" fc�, 0 f r, e, c o r (I o f a 1, 1, a, i -i, i m, a 1, s 11, 1 S- c tz c, c.., I # tlov e y s if a i a, :L n, pi cil D i r ec t, o r o f t h e C o u, n ty o e -n t e an,e:l t rf.ior-te, 'il H avvva *1 *1 t: 1 -ie y, s, h, a 1.1 c n ou c t n" - i, , or pos 0 1 e, x ,a m, I n a ��'t �l 0 n S, fo i� tlnl� e p�,i r p o s 0 f z) s ic 1.7-)) r a a. n 1 r'), g a ny c',N, v i e un c o f # 1- ch w o uil cl, r n "r, h e.,� a, n *1 ril a -u n ��f di,sease c) r o --t h e r c o �i,"i di 1, c, i o n, sm p -i -, y, u P � �, 1 g e 'r, al, I y c a fo r, hu ii,,-i,ar,-i s u i iip -1,:, 1111 ( p-1,err r I r p,(-.,, s e s o f t A tp r 71,,,,tri�i w. �o f th e 11 SEC 3 04 �j e clul ��u t-, 1-i., o r, iz d a g t a 1 pr ovil.s i O'n, s ,o f 1--i e a, liri slr'lla 1 a 1 s,o c,a r.r y o ��u "�t t I e ,x r�, p o s e s a r,"iic a b I sl 'if ff 'i, n t s m a n, i.,tf a, t, u r) g IL n g c') t a ic s f Iu t s a d t h s a e e r rz.,,, o e p ro c, c 1"r- I fu, 1. t o �s e fo r V �, C 4 ACTS, F"I" TE' 'i, j ri d irn,c a,[.-. or czNa fo,o ro c t s, I r -i e Of f f 0'',r lar, L xs,r)ecti,• 10", o� s e er or C 0,u r -i �,,L y ()f a w ail *1 It s Yi �a 1. 1, be u, nl, wv�r f u, J. 1 0,1,7 0�: f o o d ale any ca,.'r-cass of.:r ar-iy of ti,"rlteat o,I, 1,1�a t I u , ]L S S (a t`lae pr odu c ts r o �,rn cm y a i�'i J, i irlial i '].le Goi.irvt,y of n 3, assed, t a g g (:�,c_l s a rri e s h, 11 I-li a v e e r ), J'Ln sp •0 P ",,,o v e c i n MYA th e c a, s e s 1 n, a, r,,,i al,,.) p I s, a �u c:fh, -t, r,,t g e s, t a b, 1 rit, ari.(., n C, -u rc t s, e,,ir 0 ci .il "r,ulle or cic�,'),r-1key n'ie i bran,(clecl s "'),"( 21 shall have been, col,'isp: o dc 'b C) h o 14 Es 'rill' ea t cr.. : ri ,,, ey Tr,i g ge d, i)i,,iu i e e a t pr o c t o r cl o, n, ke y - me a; "t pl, of d u,c t , S, EC :L oii, a 1,ng 0 Loc at n d a n, s As EIC 5 01- p ,s, 1 au gh t e ar� Iio ��u, s s 0,T b u 1 di r ,i gs r cr,) n s t ru c n(,nIvv t"nig by- a duly au-'tA',io ca,�ri ager"It e a pprove d vii, z si, h a f r s I h a r g ef ol o f th D e, pc�,,.) r tTi,'i t o f fie a I t h a n d t I'i e vis� t e r na r i a n s c I C s e s orSEC 02 alr-id i,)reirriv-,Lf i or r s p ;•, a, -,-r,, ei d o r I a r, an- ,it f o ad 'p,,o d,u, c L 2�d s, h a 1, 1, b e rri a 1 n ta iri, e cl a n r- y c o ri SIC. 5,11 03 I, 1 i- on "'b r a 11 , r o w,. n„; a ri,, C"I a -i n ci a i. -t,”" f C,� iia I an d s f rc, e n, "t v e r , 't, 1 a ..q c o rn. pciir-L t 411 , I 2� r 1 b f cl 1 ri, a g e a n S, E I( , 50 a I ria s t i,i t ab lil 1-1 r "I Al 1 rvd�dp p.1 u i 'rib j, rl, g S, Y, f"': ri" f 0 ,3 11 ri c: t e �,,Il w.' -l.-J,,i a,-j,,,.),p i:,- ov,(,.7 u mb ]*,,.'n. 9 E t 'r-ri s s 11"i", 13,., b, o p e r y tc, o."', p y NI e -v%i a g e d 1 s p os a 1 s y s t ern, -t ab I h a I I �b a al. Ic- -,,,o %,njr a 1,I'. si, c, m, pl,. e a r%i a r id ,Ec,* )I cl, r, lz)�ut "' o ri, L n t h, e f, -),l a n t cru �`,a c;iLli tic""?", 's f 0- - t, S, c I i Tt; I I MAI I, ca, i t 10, SEC,o 5 1. r,�) 6 Tli e f 1 o o rtz-)', via "ll.. s r'l 19 s f dc.mrs; and othej,,,., of sl-.iall 1:i)e ot, p yf i.. mp e, ry i- c(,,,uI s -i,- c) n, a nri, a t e r 11 a 1. a af:`.' s,u c h c o'r') s t i,,,-"u,c tJ' rlic.""I If :1. ni S, 1-,�i Is vi 1.1 ri a 1,ce 6t 1"I,, I()" I'll -19 a, o r ��u g �"i a cl -t.:-1 SU s cl el-l''t 1 1-d (I�rwY % war0 f 1:ve c e a n e,,,,,i I -ilp- t Tl�-i e r c o m s a ncl c a r'-� I", n�t s 1. 0 10 c`li ral I b e % 6P .0 1'k - Id i 'Om u s e d f r e d i b J., e pr c-:�, cici� �j c -t s sl""iall b(,,�s seo�laxate 1 s 1-0 111, "°w t Io, s e, u s,(::� (,:1- ("J, d J., bl. p r cl 'uc ims rM .mowl'i atr-i y SEC,I, '7 "lli e r o c) m �s a r"i, ircl carr,�jp a t, rii,,-iar"i t Is -r,-i r or le c, 0 "Ji" 1. (1 sl,,«i- al 1 'b,( N ba s J*- n s, .1,#� rnis C,,,� 1"i It If :.r,, e e f r o, rlli, o d ('A >w" 2-1 le -,o 0 1 .1, 0 I'll 5' cl 1*,., bl. e -1, a n Ic n d If r t.l. 1 1-1 *1 d e c e a --r- s, c si. n, g i co o, a ncl s, -t-, a b 1 e Is SEC. 5. 08 'E've r y pr e c cl 11' L, o n. s- h a 11 b e 't, ale-:-,(ln t o p V., -L, e s ra t s �n i c an d, -t�, h, er VED rTn 674 cl e s a 1) 1"' s 1-i i-ni e n s f r orn f 1-3 S,• 1 t be 'u, e d, J t, o f th e u s any pa fks 0 cza, I d r a -t v, hall r��i o,, e prenn,l s i es, ta b I l'i, �noi n, t o r, ti"i t c Q rry or P%Jo, a r -i J., rrnI-7 s 'of I III �ei i n s SEC b permAttecl 1 n NIgli, -t ea 1 1 , ,):- s ,i i u if s am,,i ac,,com i orY'i,, s as, s 1111C 51011101 IS w, f` c L t ® cx"-Iff" a t a i a :,L e 1, 0.ri S L.,l C 1C E Lr,�n (-s t: c p c rr� e ci, 'ri '),u b .1 c e, ✓a, 1 t I 1,� e gLIi,l. za ",t -I"k-i''Irici "Places ,a n cl): ili-, Cl-iaptca�rr- 9zlj� St a "tt'.�, of 11, I'Via, If e, t t,I e 0 �° C On�clf li. -til, s sl -i, a 11, b e fu r ni' Iii el d y v &.r, �y c!, s b 1, 2. 0 ��I n ww c n, s , n, i 9$ d isz-)I'. i e c"t, L' i, g a a, n, id s °n. f a 11, J, 1-i a i�, 1 1, z I T"'I 9 1.1'..'ID e _r,: s, 0 S s h,,al'ir 1 131. 1) ig ITI 0" T ��ii'e a f oc,) d idu, c 't s I 1) P"],�" Ov i E? I,a" ;:. '.IE 1',rr 6 . . ........ 6.01 Al g ht, i -T-1 g, e s a,'Y--) 1, .' I, I -i& m n t s s, h al, 1, 'b le 7A h,, a 9 E VI CO n g r igi::., e qu, 3- ,»,r, p le d 0 j ,f o u, n t-,,,cbe C 'i a T ec s r y b y t 1-'i v t e r n I nry i n, g e . &EC 6.02 E, Cip qt"'rl IrI." u e p., e p W,", �10 -is u te s p r 0 C e S S i ri a tn' c' 0 tIrl''r 'w i s, e ha i i cil, a i -i r'uvea: rsuruVVV" y r -i -i or, z" t f oo P"Iww " 10 c:!":u ct S s -i,a •11 b le o -11"'urr. sil i, a, t e r als litn"all, I-Ae s, u s r e p t I of y anc Suc i,., rig r a d 1 a"'I" AW i.. o a-ri O,L, a 1"'I SU'r e t pr e r,a t F S h a ri (J� 1 J. n g fof� (,111 ii-�teiat and r','c),eat; f clod, 'I.) r Irz-,) d u c , t s . ec SEC N'11(2 i,. p me t7i -t: "-'in I-, , places, equ 6 #1 03 T, -` L o, ra i'� c o, a 'Ir Uyr z), S), 'ut s e, UM rrl p r ,paw' p a r'II r S "t o t, he rmi i F; 1wlr-1, c-l"'I ""'1" .1. f cl,'3111 o r 1, i�,'I 9 1" a"riv rn-faII at o:'c,' and all oth,c- . . . .... .. C- Ci f o lo, d, P, '0 C] "Ll t S .... . .... . J le &t a b.,L'i S'..' I 1111I "t, s h a 11. b e I<,, t C I air��i ci s,a n t Iwo ry S, E-"�C Mb 6 04 ALI., e lici, si-i s shil, Ig 1 n n e s ],,--,),e n c ]�""i le s ari ci`i o t 11 ef,.,, iq u i fr:,� fir, of suc,h, d e s'i, makab plr i;"n at le, r,,,,L la a n a ",? e I C i., en t S, t T"Ll C, :."I e (-I 't o f f C 01, o, n as n e post 1nispec-tioni, S E';, C 7 C)PE", RiATI"01"T"' ,S EC* C, u 2- vO'1'V:L'r'g t!e 7 oi, 01 0 f:')e r a t 1, 11") S ar-i d, p 1, 0 e s i n -�i p r e p a iL-, C) 'A t", O'.L. f Y. Y, 1, a t o r i'ri -it f'(,) od i in g "'I YTC"I C" CI Q Y r, oci luf c t, s Yi ,.µ 11, ICA n, a c n la, i� d ia n, 1. y b le s C y W -'i c e ,r'ri et, h o ds'f pp'z",c:ivec:i by t Ii M" e, , i�r r -i, a r i. a n, walls at 7E, r o um- s a T., 02 11'iu, ci c. le, 2. s d I o ri'i, p a ri 't-I al, 1 b k p t (�i- le on ,aD y f'r e. e ��f ro m iT, "i o. Z"D "Itu h Apr o r c 1, o tl"'l 1, rl g Wr,) SEC 00 .3 a t at 4 oot:-,], p- oduct hal]'l. of ho I -i;, w I C"I p er's 0 rl S vv'' a n, y a i, -i s e cl a n or -i 1 y c., e iiai'-'i g ar rrit n ,,m a tc:� r 1 a h a t c a n cl I s l, a 11 b -ivv o -r n s1l'al.-I.. be lec, ept c 1. ( ,ari. I e s a's irl, 9 1 1 ri, g o n S'Ec tj c I, r a c k -tt w h s t o n (-:!c p la C:L r), g 's k ewE,).',-I- F. 01" 11 ve s '-.Ln, ,rrtouth, InflatirIg IN th I"i :r m t hc ou su c a." lung or c a s 113"I'll 11 or t, e s j-, n g vtj,,, ,r e c e:.terc o rt a c s ca s c-11, r c e s (c.,g s ic a s In. E -, n d "t e, I li 111N. pror,:Jt,jcts,, ar(r-,� -tendicA zas contia-iLners, Of rri, e,'E", J m 1 n, SEC 7. 0 5 Th Vvi, go, 0 :z"I'll c r:-,r5l %o�,/I-i I, ch, a ny m., c at or rr'i r, a -i p r,),,., e sl -i a 11. ',b e k ey-�,t ,i- n a, c a n, a njd, f'"ood, productrs', a r e r, fa ii L a t, a n d j r �L t n �,,j I oo s e 't i c 1'.1 Vilagons :"Ln s ci, n 2. -t a r y co ri d "I. m &(O,�i, t f o jr.) c:],,, o d ti c t s b e t v,4i e en, s tio 1:) 11 1 't s s, h a 1, 1 b, e ke p t c -I ea r.WV 1,on o I 'h 1 cle s or V (":?l hiaA l. c 1 e s u, s, e cl f o �t I�i n, a, - p o r t a, t, f 1, ve rzi� t c) c k, o r t reft;,,se be u,cJ fo.r, tl-ie Q d"A L i co n, t. Iflc, Iff c), ID cl p i, ---,o Www S 'I S COt G 6e v e r y e Ms t j bl, I s h in e n't I L c i- pr e:rn i s je s of e, mb ra c i i -I g c:'!,O c k S n d a vni 1"i e c a i.,, s &,rid'i wa g,t,,,,,) ri, s, a r e ,l o, d IED' d a,, n rJ., ni FLI"', 'y a rd, s p e ;,n. s- a I . . . -11., be tlie'drive,iuvays, appr°c),"'Icll'-I, sl ancl all(ays, shr. -i, c el a ri a r -id orderly con![,�, 1 ��t i,on # All prope,:Iclly and kept i t" IIS basi.ns on the prir�D Illi,ses s. -I'll f s; u, c h co n s "t r u c -t -�L o n a ri. c], b a, laca t 2", on', a r -i b, g i v e s I, r- I'l -1, -t "'t ,.» n t, 1, on z S vvLl ,l e t he, 1 r be k II e, pt i n, a cc e JJ 't a r I ,rl (�? 15, ck e c 0,1�1 i i on,, as regards od,ors a,.r�i,d M I i o n on, I Is C S I I Th -e the prer'i,,i] o f arry rr'i ji,,- 't c',� r 1, a 1 " ri, 1v :i. e s J,,)re&,,.J, suc,"I"i as hmg 1,`)-CYrlE)s, conten,-Ls, M, 0% y f o b a OVIII 1',Iu,:,,Lsarc(,,,-. cz, 0 el s -tabl, i s Yi, r ie n, t". o r o n, I'L t:0,E-) r, e Rl 2. SEC.C�,I'i R7 ^,N. `7 Due rz: a: N� al 1":X.' P N-1,1!! V r"I t Tun le a ut",, �11, �' lJ ,F'rr I 'i.. n g f 1:1 o r -i t f .1 o or -iu, b (-�� c,o at, o _0 n 'j in -the j- n, g (2, u, I. en t s u s. d 7. 0 8 A,ll subs",II L' f-11 t u �- I prlr.:)(,.,:Iu,c,ts (I n, 0 f i, n Y rn le a,, -,t o r M a tw uf ic t U �ul I Se wuvir"J" -u sMY hiallul, ble1Z.:,�,, cleanf, I a ltlil,. f nly n I n, t s ouy tu,uJ o s ta b I" SE(I. 7 09 „fir r pr,- le pa id A, j z r .1i a ni;,: e o le . ... . t pr 0 c"O'' "0, Z:P w! h e iru� e a t o r r f r: :L* C u S i 'S'' Or 0, t h,, tl an�y per�,:ioil _1i a Www s le a s e s S L,,', C ut DIS?0�5*,ALF D L', s"� III Ci CASSIn,S M�,.ID PAI TS "I 'rrn 'I.-risup''( cf:'I�Ons n,dpos -tu; IS E C p. 84,01, A, ri, t e i i Un sh b le u ri d er "I SPIO S) ,a ri 1,1,ui le c), al 0, f I'- S ;0'sle(", c arc or i n, c i( r ge :L. r"I a n C et,(": Nr:_L .,al C I the Sup,c-,-,„,., LSIOr) 0,,:, [- v u. v 'i i, 'i�. n g g ""I eynNuV' 10 n,,. 1p 1 1,on of I: h t h L', s -1, r:u, v " S meat i-rispect'ic,i"i, o"f'," "Llie, U. S. of Arv:,I�r.[,,,,ial I r'ui (:::,I, s "t:, r y, 1,)e ar1,ic,�nde(.,3, 'D le P, ar tT,f"ie n, "t of r I"', ci tu'r le a r"i. a, s ut e4 an,,i, h, e u uII nus E C 2 All anii,-t�ials react'n 0 1: 1 il le 'ut u b r cu, A, C% 0 i, n a :r", y i- n s rr, of 'uthe Sir, a ut e DIL 10 ri up,on by, a ve�,,Ier* 0 LP # -n a d u s -tu,:r S ut, a. t e s Bu r ea..i,�i o f A n i nri a I. the �Ou I le S t a t a n dus,t,j,:�y, or a ve terit•'ilar.-L"( n ac,�,,crelditecl by 't, 71 va ai ut h "i ce d, i,u)� a, cc o F cl_�, lid,, le ra e pu-,"I r utrn, eni. sYui, al 1 b e s 1 a u g 1"i, t t u, uuL'. s uut h e P r o v, i s i. o n, s of S le 4 2 -18 of 't h 'H a �1w, a il, R le v I s lc_�, (I SEC 03 Under no, circums,"tarices, c, -ial tluie caricass o'u, a,n,y ani,ri-),,a1 �,,',-,Iied otrii i'-,har'i by slawligh b r o u ig h ut rar 1''n, to a r"i y rooin, i Ln whilcil, any tTuie, t lopr ,01 is pr,c o' meat food proclullict " I r "d, IN SM (77! 1:rwr:''r OF S'Li" _1 Ad"",1D k".J ir, p r s c) rVi o r, 0 1�, s a , e", u, a r c 'mu' rne a t 1, ri o' an,,.- c o r p o i, a, "t.; ."'Ll' 0to S a ut gl-c a w, c, p po s 0 -f sal( o f a n 1, nil i . .... E) r) c- is n j y (")f Ha -.0 a r I'll, cl "I ro f (:)r, nari c orn s p t i o n, t f o o c."I p r �c.), du ic t s I., I t ari, d rn a J I( I s c x,- i b e 1,ii c,u, r C 0"! exce,rn n- f')l 1113 u r -,'i -1,11-1 r,� 1, _r s af cl angc,,,,�,s r'), g 0 "ll., p r ce.), sh,all be by t 1i� e 1* -i cl c o:r p (c� r It"I S -to all a f fe c ede r so r -i s F f7, -I �e e,(,, s s, ha 11 b , S�!' E C '10 [1, cl f A I gfi,i �0,f owad0 "1 1, r $ 1 0 0 s 1" -,1, , 11 1 c 1.1 a r g, 0 owe n I -i. al 'Ll" n s p�� c te (,:J,� a t 1 a e',r'l,i r� S, f ,�� ,n a cl-i a n u c-, e s �l ZD f o r 1 r',iL11 j, Is 'A:Tt Lc 1 e p "Irl 0 V I c:l cl Bi. F e u 1_1 p er s o n si r. p s f X P e, s o ri, s 1-,i a 11 1 ricl dl ci -L a(:'i ]",'.,v I* "c"I IVA i.,"'a 1 p i "r't- r I IM -to c .. A 'm, 11 J.. 0 r) , k", , " 0 1 v e S, ,."l � c0l'f r-arl- i onc- c c o' e r a, a ri a s s, o c'. a t r- T, r c s a,,rc -i cl e, r e wll�crrl such ill, TIS, t_ 1 E rej 1-10 Y,)", I clA ca c s, s li a 1 b e p a -t o 1"- 1 . e 'F n a n, c e, D to r of eacl",i calc),,rif ar rrioln,,t1li, f"ollu ang "n.10"n-t"gni j:-,lur,*.Lnlg % ej, v I C C! s w I 11 c 1-1 iri, s p t L o c li� v, ics e A S EC. 11 0 F FE.. 'E'l-D '17hww Cl d,ef "Veterina ra an shiall, ,ef,`use Ju e c v r,"i e ri. t i, ri s e r v i, ce s u pi ,ri n, c;ln, "I'D a E qua,�,. -i -ta c c n th ,f f e s i" n ca, c C 0 1"Cla ri, c, c% vLl-i re 1, s c o, 'Ir 1'r 1, is -t ii. o n bl fl,� P', I 1 4 k-1) Any pers )i SEC 12, B 0 11) DD as d, flmc,�lcl i_ri, ra'i"Ai, B of" e c 10 Ili all I . ... 1, 11, El L) (") "i J(.- S, °,'M 'mow," 1 p nl. Or -L. o pa ra g b ar�I. �„, IO�.m. �"--i cl t o qu a, r t e r c le i�. v 1, n g, a ry n, s p e c:, c) n. s e i,., vi, 1 c cl, 0 d b o 11 al 1. payn't(",ini, lof' iall 'I s c, S ai III s P �e c I v I c s 'a -'a I l,', o t h, e lc:�� I I'll. 116 I'll, () rill"'I 11 f e c ov e r ar'ia mc.),uri "L lc:�,q, c ,� , , 1 11 sm E J3 S E PAI -i' I I Tl -i e f e, s c o I e c -t e ti ri, (-,.I e r e, (,`)f i ci i::", sl' -I 11 b. e s et i,": s, �(-J e as a �,I, u s P C , 01 a n, d 1.,1 1, X,C I. I -I S, v (nl Y f o OJDl, of ti Ct -I s (a r, v 1 c; e s a rl d ��f o r e a fc,"'I'v, c ei, "f i e n, f t, e o gr m. o f Ji.rr"l, a I 1. racli,u s tic- y I, n t. Ir"i e C r-) u,ri- of H 11 rvr C 14, 1 1 C"ITLA Ti POS "m,.`E.D ,A copy of "'U'll''s Arti al e ,a r'i,,�,Ji a, 1, 1 e s anr,, regi-ila-1k,-iorlis to I'llie'rein, sl-iall 'be ktr,,�pt li sc eac-U, S IIE C,* 15 PE11,%] AL Y Arn y- --r",-s c,�, n viol• a,tang ar-iy # , I C) rl) rm of txv,h"Iv.!So y„ w*... -m rule am,:1, g lat 1, 0 11"1 1 r,"i, c lic r po r Iri e r 0 ""1 Irl b y r e c c n, c e s li, a 11 br,--l;�, �g ti lt, y of' a nri ,e a ri, o Tl,, i �c, e rn Upon c o, sl C, "'k i ,i� n a, 11 be Pul"la-z",111, _0 a 0, t, www aar t e, x C e 17., ` v I-lu r -i r D o mgr .1 s $5 0 0 41, 0 0 f", 0."! c h a -i c(l (za v er, y c, EM CHAPTER 5 CHAPTER 5 GR6JND TRANSPORTATION Page Article1 . ...................................................... 5-1 Common Carriers ................................................... 5-1 Sec. 1. Definitions ..................................... 5-1 Sec. 2. County Transportation Commission ................ 5-2 Sec. 3. Certificates of Public Convenience and ...........5-13 Sec. Necessity ..................................... 5-2 Sec. 4. Revocation of Certificates ...................... 5-3 Sec. 5. Rates, Routes, Standards of Safety and Sec. 5. Insurance ..................................... 5-4 Sec. 6. Rules ........................................... 5-5 Sec. 7. Notice of Hearing ............................... 5-5 Sec. 8. Penalty: Injunction ............................. 5-5 Sec. 9. Appeals ......................................... 5-5 Sec. 10. Applicability of Other Laws ..................... 5-6 Sec. 11. Severability Clause ............................. 5-6 Article2 . ...................................................... 5-7 Passenger Carrying Capacity ....................................... 5-7 Sec. 1. Determination of Passenger Capacity ............. 5-7 Sec. 2. Chi.ldren........................................ 5-9 Sec. 3. No License to be Issued 9.n Excess of Susoension and Revocation of P ermits. ...........5-13 Sec. Rated Capacity ................................ 5-9 Sec. 4. Examiner of Chauffeurs to Determine Taximeters ...................................... 5-14 Sec. Seating Capacity .............................. 5-10 Sec. 5. Seating Capacity to be Painted on Vehicle....... 5-10 Sec. 6. Penalty ......................................... 5-10 Article 3 . ...................................................... 5-11 Taxis............................................................. 5-11 Sec. 1. Definitions ..................................... 5-11 Sec. 2. Drivers' Permits ................................ 5-12 Sec. 3. Susoension and Revocation of P ermits. ...........5-13 Sec. 4. Aooeal to Circuit Judge ......................... 5-14 Sec. 5. Taximeters ...................................... 5-14 Sec. 6. The Rates of Fare and Baggage Charge............ 5-18 Sec. 7. Cruising........................................5-20 Sec. 8. Special Operations .............................. 5-21 Sec. 9. Posting of Rates of Fare ........................ 5-22 Sec. 10. Limitation in Number of Taxicabs ................ 5-22 Sec. 11. Penalties ....................................... 5-23 5-i P, Ar c-, 1, 0, 1 ME, ME, V. 41, 0, ME 0 1 A0 ME ME Ell ME VE # 0, 0 0, ME, I ll 6 im, 4, ME 6 ME 0 ME m ME Eill 0 fop # 0 05-24 C 1-1 0,(,�- �Ij .),I, r: ri El "j, 0 El pi, "IN Mill M, Al ol ME' Ep IN 'o 10 WE 0 W ME ME mi OM, M, 0, #1 # 1" 0 W # # ENE 09 ME, ME NEE w #j A, # 6 0, cl a. lo, n s; D e f",111i ME 5 2 4 e c 2 C I ri, is t. r u c i. o n a r -id E qu, ."L, ri,-i, n o f cl�,, loc) 0, im, NMS 01 09M 0 1" 0 0 01 EM, 0 * 0 ME, WE RIP EM 0 IM MMH # lipWMp EM lip 0, 1* 4, MM5-24 E(, 0 e r a I. i j s s a r,,j �ci� F-4 le s 11,I) cor) s, 1,,E,,b::j,-YfR :i� -y, P o f D,r,i v- le a a- EM0 0 ME p 5- 2 7' e c n s p ml, t, ME * * a Ell W im, ME EW 0 # ol 'o, op ilk *1 0, * oil ME * U I t'l." 0 r"ll 0 f' Eq r 5-3,10 C., J I' �:� �C:, urs e na 1 t Irourv� j�, 0 0, WE a. 0, Ev 0, 'ME 0 w * ME, ME ME, 0, oh mi lk * I or AM 41 ME * 5-31 , t c , Ar %) 0 16, 1@, ME p M I M, MI, p, 0. 0 0 Ep, 0, El Ml, �16 Ew 4 is W W EW w '10' M, 5 -3 2 1" s, c le ar,.i, e o u s W S. A W -m 40 0 0 W ME 0 0 im ME 'EM, ol El El *E 5, 3 2 C Bi s 0 40, w 0 40 0 0 Ev 0 0 0, 0 111 NA, W EVE T le r, rri :I- ria S, 5 -132 uM C., 1, El 01 ci "c"y Ek 'NE EN 0 0 Ew W EP 0 ME im, 1# 32 c 1 00 Co u i� ro, ,El u r s 0, mi 0 al w 0 o. ME ME ME 3 2, le c o I!, n F) e g tut io,: 1, 0 C3, 0, ME pi Iw ME #I V� op ME 0 ME 1 06 Ek 0 # R''Ll "I ""' 'S ia 5 32 C, N-), (2`1, C Ell Lr 41 4, Evil2 Pic). rl E., 10- Il (3 1, ME * 0, 4 W, 1 10 ol All, MnME I I * Ep 0 rZ Omi a f le, G1 s s a, # # m, w Eill M, (1 0, 111 4, 6, ME im mi imil OP I ME "I VE # 0 kh I (All 41 ME 6 32 C ,,2 a -ty "f -A, 0 ME, Ew 0, GE ERE ME oil 6 46 1& IME oil oh "o, te RR", ('71 El"'I 3,2 CHAPTER 5 GROUND TRANSPORTATION ARTICLE 1. Common Carriers SEC. 1. DEFINITIONS As used in this Article, the following words shall have the following meanings unless otherwise indicated by the context: SEC. 1.01 "Carrier" shall mean and include every person, individual, corporation, joint stock companies, firm, association, lessee, trustee, receiver or trustee appointed by any court who or which shall own, control, operate or manage passenger -carrying motor vehicle operated in the transportation of sampan buses, taxis and any other vehicles exempted by the Public Utilities Commission over any public street or highway within the County of Hawaii. SEC. 1.02 "City of Hilo" means that area with boundaries as defined by Section 64-1, Hawaii Revised Statutes. SEC. 1.03 "Commission" means the County Transportation Commission. SEC. 1.04 "Council" means the County Council. SEC. 1.05 "County" means the County of Hawaii. SEC. 1.06 "Public Highways" has the meaning defined by Section 264-1, Hawaii Revised Statutes, including both state and county highways, but operation upon rails shall not be deemed transportation on the public highways. SEC. 1.07 "Taxi" means any vehicle designed to carry passengers, operating for hire solely on call or demand from a fixed stand, and accepting passengers with or without baggage for the transportation on the public highways between such points as may be directed by the passengers. No vehicle shall be deem 5-1 a taxi if passengers are picked up by it on a public highway on the route of a carrier certificated by the Council, except that the picking up of a passenger by a vehicle returning by the most direct route, after having discharged a passenger, to the stand where said vehicle is regularly stationed, when empty and hailed by such passenger for that purpose, shall not prevent said vehicle from being classed as a taxi. SEC. 2. COUNTY TRANSPORTATION COMMISSION Number of appointment of commissioners. There shall be a County Transportation Commission of nine (9) members, one (1) for each council district and three (3) at -large, with alternating two-year terms to be called "commissioners" and who shall be appointed by the Mayor with the approval of the Council and may be removed by the Mayor with the approval of the Council. SEC. 2.01 ADMINISTRATION The Director of Finance shall be the chief administrator and he may assign such clerks, stenographers, agents and other assistants from the Department of Finance for the County Transportation Commission as may be necessary and define their powers and duties. SEC. 2.02 GENERAL POWERS AND DUTIES The County Transportation Commission shall have the general supervision hereinafter set forth over said carriers and shall perform the duties and exercise the powers imposed or conferred upon it by this Article. SEC. 3. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY It is unlawful for any carrier operating upon and using the public highways of the County of Hawaii to furnish such service without first obtaining from the Commission a certificate declaring that public convenience and necessity require such operation and service. Before issuing any certificate the Commission shall hold a public hearing to determine whether 5-2 there is a need for such operation and service; provided, however, any carrier who was in operation on May 8, 1972 shall be presumed to be engaged in an operation that is necessary to public convenience and necessity. No certificate shall be issued for a term of more than eight (8) years. The Commission after hearing, may suspend, alter, amend or revoke any certificate issued. Carriers shall operate and furnish service in strict conformity with the terms and provisions of their respective certificate of convenience and necessity, except in cases of emergency to be defined by rules laid down by the Commission. SEC. 4. REVOCATION OF CERTIFICATES Any certificate of a carrier issued under the provisions of this Article may be suspended or revoked only for the following causes, or any of them. A. The failure of the carrier to comply with the terms and conditions of its certificate. B. The discontinuance by the carrier of the business of transporting passengers as a common carrier of passengers operating upon and using the public highways for a period of thirty consecutive days or more; provided that this provision shall not prevent the Commission from altering or amending any certificate by reducing the service required there- under when the discontinuance of such business relates only to one or more but less than all of the vehicles operated by such carrier. C. The conviction of any driver of a vehicle operated by a certificated carrier of the charge of driving while intoxicated or under the influence of intoxi- cating liquor or of violating any of the provisions of Chapters 329 or 281, or of Section 768-53 of the Hawaii Revised Statutes. 5-3 D. The wilful refusal of the owner of a bus to pay for use of parking area in the bus terminal as provided in Section 1 of Article 5 hereof. E. The failure of the carrier to comply with the provisions of this Article and any lawful order of the Commission. SEC. 5. RATES, ROUTES, STANDARDS OF SAFETY AND INSURANCE The Commission by order shall fix, prescribe and establish routes, schedules, rates, standards of safety, and insurance requirements as hereinafter set forth. All such matters shall be determined as to each carrier upon the hearing in connection with the original application for certificate of convenience and necessity, and thereafter, after a hearing, upon application, complaint or the Commission's own motion, may be changed, amended or altered. (See Section 288-2, Hawaii Revised Statutes.) All rates, fares, and charges made or charged by any carrier or by two or more carriers jointly shall be just and reasonable. All schedules and routes shall be established in accordance with the public convenience and necessity. All standards of safety shall accord with best practices for the safety of the public. No common carrier shall operate and use the public highways until it shall have filed a bond or policy of insurance or other contract in writing with the Commission under the same conditions as are provided for common carriers under the control of the Public Utilities Commission as set forth in Section 269-21 of the Hawaii Revised Statutes. No hearing shall be held regarding matters covered by this section except after published notice, that is, notice by publication in a daily newspaper of general circulation in the County for two (2) days (either including or excluding Sundays), the first of such publications to be at least ten (10) days b-4 prior to the date of hearing so noticed, and the second at least two (2) days prior to said hearing. SEC. 6. RULES The Commission may make and amend rules not inconsistent with law respecting the procedure before it and shall not be bound by the strict rules of the common law relating to the admission or rejection of evidence but may exercise its own discretion in such matters with a view to doing substantial justice. SEC. 7. NOTICE OF HEARINGS Whenever any hearing is conducted by the Commission, reasonable notice in writing of such fact and of the subject or subjects to be considered shall be given to the carrier concerned together with a copy of the complaint, if any, and a notice in writing of the date and place fixed by the Commission for beginning the hearing shall be served upon the carrier and the complainant, if any, not less than two weeks prior to the date assigned for the hearing. SEC. B. PENALTY, INJUNCTION Any carrier violating the provisions of this Article shall be fined not more than Five Hundred Dollars ($500.00) and may be enjoined by the circuit court from carrying on its business while such violation continues. SEC. 9. APPEALS Any carrier who has been refused a certificate of convenience and necessity, or whose certificate has been suspended, altered, amended or revoked by the Commission, may appeal from such refusal, suspension, alteration, amendment or revocation to the circuit judge of the Third Circuit, at chambers, by filing his petition in such court within twenty days of the date of the order or decision appealed from, provided, however, that the appeal shall not operate as a stay to such order or 5-5 / decision. The appeal shall be subject to such rules as may be prescribed by the court and the Hawaii Rules of Civil Procedure. SEC. 10. APPLICABILITY OF OTHER LAWS A carrier as defined in this Article shall not be deemed a public utility within the meanings of Chapters 381, 269, 270, and 239 of the Hawaii Revised Statutes, and none of the provisions of said Chapters 381, 269, 270, and 239 of the Hawaii Revised Statutes, shall apply to carriers regulated under this Article except as specifically provided otherwise. SEC. 11. SEVERABILITY CLAUSE Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Article, or the application thereof to any person or circumstances is held invalid, the remainder of this Article and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 5-6 MAK l P fdMll s", e-, r r C Ca a r c, SEC lo DETERMP4ATI01,4' OF PASSE114GER, G1..J,.),ACI`,rY' Tllt e s, le a it, *1 r cant, r ry 1 n g t y o le aic 1i), m, o t lo, r v c 2. le c-,otT�,c,r-,l c a r.Trw,,i,,er o pla s s i( z) g le, r s as- d e f So c.%.1'_o n ..... 8;18� - 2 Ha vflra 111, sed, Sta't,1,,,) te,,s; ope. a 't 1 n a v ir an y p u b.1 c street or hligYn%!'aly itlie Goun '1 1 shall be, determ:i,ri,ed la,nd. ratedc,,', as fojjr,-),,w,,s,,, A. 1.1" ti-i,le lic,�.r'.,tigth of ariy seating,, s,, acei,i-i, thie vel-jicle P 'I is t w, le y- t o 2 cl-i rc-,), s o I` I ess,, othe cea.ti,ng ty f s Tu c h. s, p ,a cl capaci e i..,s ar,,ia,,c,,,p scri, g e r & 0 B., If itYle of zariy ssileat,irig �,$)pace .1s miore than tvventy -Awo, in (.,,-,,1'ies L),'t-it'not M,ore than U i J, rt y 1 g, iLn,ches, the seat,:I,nl�i 'a s s w", n,�', le rs c p ac, I., it y J ,, is ti v�r o, F v e li. i1c],. le c mir, r,1 o n P ".17 0 V'3,_d'J',(? �,3 1-i ve ,.� ill a f or a, P ca,rrier to and frc1,,i.,,) scilloolor dur-iing sC.1,10,o] ex'curs_,L,orns ia,r�id out.J"l;,.s, under anly sclwoj. 1 y 0 f a 1,, �c3l e a t i ri-g s p,a c e s Tln r le it h @-n hA rtyle*g�ft (38) t r I Ic h e I's t h e s e a t1l''n, g, c,ap a cl, t y is, three passe,ngers h. a d d "' t "' 0 1,�i I J., C], 1, if il f t le c-,.!, it!-), 1�"l c ;l 't e s, s I b e Ec 0 I'll, a s, s � a., n g sp ac le f o r a n ad d til", lmia� I p aS S EN, n, g, le r n J. D,* Inx d le t e n, g th, e s je, a g a p t y o f v e h io,c, e s o f hill, vlr h e i, ,- t 1-j, �,nr e [1, 0 d 1'.. V 11 s 11 o in cBi(J"', sp@,Ice betvl,�'cen ", c' 0 AE of" the seat sf,all. 'be menjasure�d tc), determ,.ine m tl-i e J!, r -i g tl-, 'I, c) f 'r s e a t a i, -td t Y,) e s; m, e., s, b'e c Ic), r -i s i, d re:rr Ie d ai s b t o� ri� e, c 0 r'i t , Ji -n oij s s (-, a t."L r,,�, g spa c EI Th,e spacIeI occ..upi.ed by, 't.l-,ie, cl.,'i,'.-JAJffeLlr shall, b c� l n cl t,i, i�,J, .,i n, Ia r -i d c o ns 1. r e Id a s, p a rt o f th r a t',',,e d xinr, J, s w o s el aa ss, e rig e r P Of' vel,,�i-ic e , 1 a. s Is u, cln, It h at, 1,, It m a y Sa"fely c,�O:,irry an, i-iuu-iber of stancla"...ng passen,gers exicess of tli(--� aCtUal pasc,;Pr ig(,r seating Cal pacit'y of SUCY1, v(-.-j,,h-l',c;lell, th,eii, thee Exaajaner of' Cl , t if 4) '-i,&uf'fcurs af"oresz,,,ii'd r�riay, "in his d"Lscre on, 1 x an d al 1 o w,a r at ca d p a Is si e ng I r c a r r Y i n g c,�,) p ac i t Y It 0 G,'U c I'l uy 11A v ef 1-i, di. c 1 e in excess of the ,rateaA, ;eat-ing calpacity,' and for all P'Urpoces of this A,rt,.,,Lc,,'l,e,,, stucYi ra,tcsd rl 10 c, pak.-,senger, carry-Lng ic a c so determi, a P Y s Yia, 1, 1 b e Y d e, e,,,, i-iIi ecl` It h r a It',11I renas, cc,,� a, t i -ng c a p a c I of such vchal-,cle, e x t e mc] I -e co'nli-non and out,ings, ufn(Jerltrams- # Cor,itract lov,l Ah tl-ie Cotjricty of" f-iawali le, carry.i,n,�,,) capacity shall b,e t Ia. a c. t u a 1 C-1 Ln,� capacl ty o,f sucf-il veluclie''., c es, S o rrc.r,y i -f ItIn"m rr n e, r lo C h a, tj, If f e ti, r s o f c) a.'r-, tim e t c), f t'h, e Co ut-i� t,y o If" li a s li, a 1-1 fl, nd 'tJ t1ne 'i",nl I.IUM # 3 r, s i. a e d 11 s t, t -,,i c e f r of m a 1 s le f.l.a�,,,),r, to thirI cel, .1-1"',]g of ar-vy s'luich vel-i-1-1cle is 74, Jmri nclies E,, x C J) (Al Ic",Vr v "L, Iecle tj,ser,,J`, 1 v e I y fb:r.", 't h e ra s - porta-Ll*,o,r-i, arvr of sch,,,,)ol :iln vvl-i . . . . . . . . . Lcl-,l ui,,,se Uh,(:,l, minifln'Um d e 1 s It ,a n, ce s 1"i a 11 b 07 10 J n c, h e s an d 1"', a It -t, 1171, e Of' vel,,�i-ic e , 1 a. s Is u, cln, It h at, 1,, It m a y Sa"fely c,�O:,irry an, i-iuu-iber of stancla"...ng passen,gers exicess of tli(--� aCtUal pasc,;Pr ig(,r seating Cal pacit'y of SUCY1, v(-.-j,,h-l',c;lell, th,eii, thee Exaajaner of' Cl , t if 4) '-i,&uf'fcurs af"oresz,,,ii'd r�riay, "in his d"Lscre on, 1 x an d al 1 o w,a r at ca d p a Is si e ng I r c a r r Y i n g c,�,) p ac i t Y It 0 G,'U c I'l uy 11A v ef 1-i, di. c 1 e in excess of the ,rateaA, ;eat-ing calpacity,' and for all P'Urpoces of this A,rt,.,,Lc,,'l,e,,, stucYi ra,tcsd rl 10 c, pak.-,senger, carry-Lng ic a c so determi, a P Y s Yia, 1, 1 b e Y d e, e,,,, i-iIi ecl` It h r a It',11I renas, cc,,� a, t i -ng c a p a c I of such vchal-,cle, e x t e mc] I -e co'nli-non and out,ings, ufn(Jerltrams- # Cor,itract lov,l Ah tl-ie Cotjricty of" f-iawali le, carry.i,n,�,,) capacity shall b,e t Ia. a c. t u a 1 C-1 Ln,� capacl ty o,f sucf-il veluclie''., .rimIn, (3 F�, 't L J, 1, , e n i,,,i �rr r o f s t zi, n,d a. i i g p a s c,, r s w, -13. c c "1. v, e In, c 1, e r�ria y, ililllid Y, c r r, :Ln e,, x,c e so,f IL,t a c tu al, ty, 't he E, x ,a of C f e s, cat n g e �rl. s ef a n, g c ,a,, C 3. .11 ner p a f 0 re s a d h, a 1 c o r-,�cs r �l J, e r s a b a s 1* s f o r I 1,r s u c h, c (a 1-111 0 1 71� m Ln, a 't , "" ( bi 1 t r, I:) I. I, t e cl tl-il e r e t o a m.1 1, r, 'r 1. r), u m a 4 rkec�:,,,a o f f e et o fa �F 1, e f ao r s p a c p,(,)� z:4 ss, q u a r 0, sta,ricling 3 . No sucl,'''i vel-IICIEN, vihose "'rated,' sch' ati,ri, c a pza ci t y s a b,ci, v e cl, e t, er,nral,n e, shal 1 30 ,11,1 n ic 1 u rai r") �c� I ri, g p �,i, s s e ri, 9 cz.� r s x,c e s s o IL,t s e n g c), r em, a tawwas, c @,p Fi C 1 y Al u IL's Yie cl f ro rn i lk-z 10, a t, s e a t*1 n, g c a, p @, c,l t, y' " I -c- 0fti"I IIII-A I , e 1,1-1 c a 1 l 1, C, a b y ic, e V e Co �u r,i, t y Cic) Ul 1`7 el -3- 1-1 y s 0 1 u t i,,,, o In e x t en d d awa y t 1,'i, e primilege of carrYr 's t lia da. �ng , I I g L pan s s, e ir-i, gen. r s 1 n za, rvy, s ti, c li, v el i� 1". c I e t, o su cl,�i ot I�i,,,er a r r-� a s o 71) k 1 all (I f C-1 S:11, C11 p e r i. o d s a s e the GOLI-rity of H a wa 1, SEC H . 2mi, 1C," ILDREN 0 d u nci, e r t e a g e o f fl I , v e lz-) sebp. at]".1,19 s1palc0l sliall not be consadered a passseng,,E�,,�r wi-tt-il'.n. the a I meaning 04," SEC',* 3o NO LICEIsISE "TO BE IS,SUED P4 E"XKCESS OF RATED 41) PkCl TY 01, No "i,, c e, ri s e s 1"i, ra 11, b e d l*n Courity, of 4 cornirrllori, ca,,,rra-er of passengers ow 1011. n 9 fcl,,,r,�, tl-ie carryin,g f1", n e x c e s s o f 01 fl-l"e as abov�, detrrmd.rie�,ci. c SEC 4, E, XAPA, I I'll, Al IIAlJFFEl,,.JR� TO Dl:,TEFIMINE c , lz tt p C),Ii TY"i e-,: El' x o f Cli auf" fe t, -i, r s o 'I ,i c i,:, D e p a rt m e n'�t o f the County of Ham-,ii'j` sli,,a,,I,,l rnea,st.m:,%, tl,ir, seating spi:, ce of eve,17,y % Such, vehl"Clo c,c),,.r,nrn,c)n r,,:-i,nd shall ��the seat' J. S E C 5 SEAT1,111111IG CAF`,,ACI`,T,`i" 770 BE PARNll"ED 03l,,,J` VIEIR],,k-Aljv�4 I e x c e p't a s e d a,,r-i 'I",7h,c, s t,'L I irg c ap a c3l. t y, o ea c cl F , 2 t -0, d m.), m le,r,, a 1, s e,a si t Operated as, a taxi","cab, O'i,all be pa n,�,,,re Slx (6) lricll-ies 1-il"g1ri;, upon tl"-,ie rl,g],-)-,L ext,ez.-i-or of ss,lj�cll",i velrid.c.1'eY 4 Lrl SILIchl place arid color as-, the of Cli,auffeui,-s sYiajj di:rl,e,cAc,.-,,;-, also thes, 5 ca,placl-ty- of eacl-i�. velr)-icle 'W U m te c-,, h p a I", n t e ci, l r, t4e, p pe r :vv C) 2 rl ch, h, *1 g "I'l -e r a s t o, b e r e a cl 141 y g I -i, t c o r ri, e ,i�: o 't I-icl v,,r 11 n d s l"i i el d 11, SU c I -i a, rri a i- t v P-?, 3 rz,� 0 le,g I'll b 1, f x:,los aT-r, 1 P r, nn 4z c r-arl mr-i -r c orn, in nr'ic e e d F J- v e I-lu n d e, d Do a -rr s ( S,,5 0 0 ., 0 0 ) 0, o� p e ra, ��t, IL Irl 9, U p O'r,t c), r u s, lrig, t he Q 1.,i, I i c s t r e, e, -t s o r h li g h w a y s, o, f t h, e Co,t), n �-�t, y, o, f I`i P, w a .l I F li a 11 c a rrY �rr a s, e r-i� g rs. 1 r I 'i c 1 ud " n g th e, C Ill all f fe, u r n, e x c s,s o, f 't h: e r te Ji. a p ra c I Y y t ane t I ii a �ui f fe u re e:t 0 f s•h a 11 b e g u *11 't, y- C) f a m .1 s,,d e m e a no:r, a n d, s 1-i a 11 b ptj, Y) r ed i,,Isi by f"in,e, e e d F J- v e I-lu n d e, d Do a -rr s ( S,,5 0 0 ., 0 0 ) 0, M, Ta x -l" s C D, E F IN i T I OV'S e u Ws e, h �r r e ve r .2.;-1, 't, "Y"), s A r -t cl e, t I.- e fo .11 ol v I '"i, g m s ar tl'i!e�y sh-all hi,',-,ive the (:,',lsc,r'l"'b(),--d to the'M 0, to A m e and, n c 1, u ci le a n y' m o, to, r v elu c 1, e ,# T a x c a b s 3, 1, 1 n 1 i t-:5 e v, le n, 7 p a s s e n g e ns- o r' le s s elslr'p'�ied to, c,arry t S, t o h, t he, eo, g P g r a,, 1' r,e vj i c al 11 m i o f t1i e, Count,y of Hawall, and lacc(npting a, p a sse, ng e r o,r p at, s seti, i", s w i. or, w 1". (e.), u bz,), g g a 9, e f o,r 't r a n, s pi o -r 't 't Ill, o n o r pa s s eng e r s t li, e c lri, a, g e s f o r cs, er'v ic P. be,i` n, g ba, s e d 1 u # po,n the d1stance t.'raveled, pl, tj s a w 1" t n I" , g, t, lun e y. a ny, o r the comb i"na t-',i.,on of d,,l s ta nc e tra vel ed a n,d tlnn e, e J -,a p s, d" Th e -t e rrri ta x b s lri a] .1, r-,[ 0 t 1, n t,i, d e s I g h t e-f,� e i t,-ig b i, e s 21, b u s e s em p I o y wd soll, el yf o 'xr, t:"j ng s c h o, o 1 cl'i 3- 1 dr n. o r, ton, a c h e r s 3 o t e 1 bus,e,,,s operarted solely betwe em"), stearnsh,i., s ,P pi P, r, a, motor h (4 ch a r t e re d bu s e, s U',- Div e ox Dri"v e, - v On, *1 c 1 e, e s,, "re n t d or h, I re,d o n, a r Yb u r e, IL f b zi, s 1' S 1 C h e IF o, f s, li t he Ch'i'll et� p Ol 1, 10 t h e e x a,i f chauffeurs of the, County o f fHa,wz:uJ,",6 C Pa, ss e n. g e, r sliali mean, onie or ry'lic),re-, pe=rsor-'is empl g f o' t le rm p a ss r7,,,r i,geir P s e a t i r -i ig s p,,Eic F 1" x e, x i S r'l id Yl i"Ial. 1 nn', e a r"i, a r; P, a c e s e a sJ dle fb'ir, t e e x,c I s, i v,(-� s e o, f a c a b a t -i, d cl e', a r l y �riu al t1i, a s lrl 9 '.1 -la, 3 c o r p. lon, -P 3 101 ll 0'r, ot Yi, i r d, E I'll Cru Sle"t or llcru.iislri,-ig Ill shall rnie�:,an the n,taveme,,t-it or S tanlrJ`,.lu,,l,,g OF' a tax"cab on,, ,a pi,.,iblic h-lgJt-lwziY I n, th''r, ig a e prospecti've plajs),scmg, r. S7,ic-ict "'Lon 64-1, liaw,ai*i Flevllsc,,d Stati-Itles-i., G. 1111R,ura--1 area"' sliall rriean thiiat, port] -on of island of 1. * d e o'f t 1"i e C t y o f Hi, 10 lipc; loi.,vt-s dur] 9 wl-13- 1 o,r"i o d, irl, ec f Yime, elaps(��d," 9q;;-11. rneari the C3, r a t 1 'h e n t aa .1. in, e "t e r a c 1 t he t e r m, 1"n oa,-L lolnj o f W Yiere,lri def ined, SEC# 2 DRIVERS" *PER''MMITS A# It sl,"iall be unlawful, fo.r,, any persoi,'ii to d,ri,,"v,,(-,? a t a xi . i, c) "u t f" A obtal,r-"iang a permit from the a pil t,,D, r,rt ,P J., s s, ue d NE Such perrtil b,e,,, ar a s e r ica! r -i u iT, ii b e r t 1-i, e na 0-: of the pe -,.:r --S, O'Al his n "iie p 1-i o t og 2, l'hich(,Ln,s, Vorli"Ath,. B. No permit shall be issued to any person unless he shall: 1. Have a reasonable knowledge of the traffic laws of the County of Hawaii. 2. Have a reasonable knowledge of the locations of streets, roads, and highways, and of important county and state buildings and places within the County of Hawaii. 3. Be able to speak and understand the English language well enough to converse satisfactorily with English-speaking people; provided, however, that the provisions of this paragraph shall not apply to any applicant whose sole occupation for the past 10 -year period prior to September 1, 1965, has been that of a taxicab driver. C. Every permit issued under this section shall expire, unless otherwise revoked or cancelled, one year after the issuance thereof and shall be renewed on or before its expiration date upon re-examination; provided, however, that the Chief of Police may in his dis- cretion waive examination upon renewal of such permit. SEC. 3. SUSPENSION AND REVOCATION OF PERMITS Any permit issued pursuant to the provisions of this Article may be suspended or revoked by a court of competent jurisdiction whenever: A. The holder of such permit is found to be disqualified by any of the provisions of this Article; 5-13 B. The holder of such permit has been convicted for a violation of the provisions of this Article; C. The holder of such permit shall have ceased to drive a taxicab for a period of thirty consecutive days without previously having filed with the Chief of Police a written notice of intention to cease such driving and having been granted permission by the Chief of Police authorizing the cessation of operation or driving; D. The holder of such permit has been convicted of driving while intoxicated or of violating the provisions of Chapter 329, Hawaii Revised Statutes, as amended, or the provisions of the Federal Narcotics Laws. SEC. 4. APPEAL TO CIRCUIT JUDGE Any applicant who has been refused a driver's permit after at least three (3) examinations, or who has been refused any examination, may appeal from such refusal to the circuit court by filing his petition in such court within thirty days of the date of the refusal; provided, however, that the appeal shall not operate as a stay to the order or decision appealed from. The appeal shall be subject to such procedure and rules as may be prescribed by the court. SEC. 5. TAXIMETER A. INSTALLATION Every taxicab while onerating within the County of Hawaii shall be equipped with a 5-14 It a x UN1, c,b a e,a, d so inno'lu',ti,ted uB -n taa , re,adlhr),g d-ilal h ow ing 't li e a, R111, c.'), u n, t, of" fa r le "t o be', � i -n s u c ,t a xi- rri e e r sl'ii ,a 11, b e o p e, r a- t, e d; rn, e c h -ari-1 c al. lly b'y a, m ec 1",ila, ri, 1*,,,c,;, rn ro I -l" �c) -t zi n,,da r cl d e s i g n a d c o n ss t:rr u c -LI, . 0 10) 411 Except vulhe,n a taximcster isll bei.ng clei�ar�c,(,,-,�d, indicating element shall., be suscepti"I)I-e of' aVd%ra-ritccenrt of far -e ��to be sl-lal,"]L t a 11, t.,I*..,rres be- p I a,I y, wj- s lbl,-e-� i. -n L -1, tof the pza s er. I t s I-) o u ld a l s o br s o a -t t a c ',I), e d t o -ix 1- c a b t, h� a t, 't f -i t c 1 t r-,;, h a 11 b �e,, p o s 31 b I f "' o r a p e r,, c. o n s -t,a,,, rii d, 1*'ng Out, ci C, the ve'hi[cle-,,, to tell 0 -'ie Ix I ta, i�..rn,,elter i,s . . . . . . . n, re,adlhr),g d-ilal h ow ing 't li e a, R111, c.'), u n, t, of" fa r le "t o be', � i -n s u c ,t a xi- rri e e r sl'ii ,a 11, b e o p e, r a- t, e d; rn, e c h -ari-1 c al. lly b'y a, m ec 1",ila, ri, 1*,,,c,;, rn ro I -l" �c) -t zi n,,da r cl d e s i g n a d c o n ss t:rr u c -LI, . 0 10) 411 Except vulhe,n a taximcster isll bei.ng clei�ar�c,(,,-,�d, indicating element shall., be suscepti"I)I-e of' aVd%ra-ritccenrt 41 effc�lctive means to, denot,e wh,er"i, "the, x,j*.cE enp,loyedl arfi�cl wl-ien i.,t is not employed. It, si'li�all be, .0, "h "' cliI * f -,tons w, 1.71v I sealed at all. poInts, atid conriect: 1, P "Als correct re,adi',,riq and man-l.pulated, wo'lull-d affect', r e c o, r d Ji,,-rl 19 B, OP E,RAl4'I,0TJ' W )",ie n a t a x*1 c a b e q u, J, ..pped wi a `taxi'meter )y 't ,csli,�all, be the duty of .1 S e m pl,, oyc? d, 1, Cal to s s,(:��, ri 9 e r mmil , I q M, Th rri e c --i a n, 1- 5,11ri, el tax,imeter Sf ia 1, -t, a 'I ": ve t p o s 0 1"') r e ic o r d irl g m ea ig e o n a nd ano t I-) ( -:j r pi o S i t j- o n, r e co r d ii, ng wa 1, t 1 ng time Tl'ie t,ax"rriet,err,, 1 inay also ha,,ve a posi. tion. to calculate farelc,-, i-,,tpori, tl',ve b,casi"..s of' a, co,,Mb,l*,n,,at,,3'.,on of mflleage t,r,,aveled, ar,,,d time, ella. -pse,d, as, provi, j I 14 :L rl, S s e c t io n B o f Nro a wuu s S1", o n The, # t a Ix,l m e t e r 41 effc�lctive means to, denot,e wh,er"i, "the, x,j*.cE enp,loyedl arfi�cl wl-ien i.,t is not employed. It, si'li�all be, .0, "h "' cliI * f -,tons w, 1.71v I sealed at all. poInts, atid conriect: 1, P "Als correct re,adi',,riq and man-l.pulated, wo'lull-d affect', r e c o, r d Ji,,-rl 19 B, OP E,RAl4'I,0TJ' W )",ie n a t a x*1 c a b e q u, J, ..pped wi a `taxi'meter )y 't ,csli,�all, be the duty of .1 S e m pl,, oyc? d, 1, Cal to s s,(:��, ri 9 e r mmil , I I-..vl(:.r 'to tl-iravi tf-�ie 171,ag or il, lc,onver a le n, of t is '1 0, apl:)ropri-ca tc? emp .. . .... . 01 -1 poca"tior-1,, so S t,o record q,,,,Ple rirtaleage, taxica'b, jr',,i mot -Lon. ancd,, to reco,rd w a 1 t 1", ng t, i rri, le w, e -t f"i, e t a ,x*1 c a b s st a nj d rN le c a ax.i.rric,..�'ter dCIIISI-1911,ed,�, -,L, a n o to calc,ulate fi,,�res upc) ri tli,e, bac.1's of' a coatbinatloll of" mileagetiffl(',.,W r"Ilapsed is O,P-c,lxattive 4 # i -le im i, vola -i resp(,.lic-t to fa, d Lc a t.31.,c), n t I -i le f ar rid, I', c, a-, t le, ic n 1 IS m Is 17,1 a 12, b e a c -t,'. u a t ecd b y t I -i, e m . I'le a g le, rne cl-,i, a rI i., S M, o n a -t su C !1-1� a speed v "� h,(r,,? v e h 1 c 2, le i S 11 m o t a tjA h a t t Imi le r a, l u of 'rn J., I, crr,,a g e, re v � n ii,..,i, e e, q u ,1 s o r e x,c ee d, s, 4l a s d e t le r mi n e d 19, the, ti -Me rZ, vp,,,,ra Deartment M, e a s tj, e s %,r jL. s ic, rt o f t I -i, e, St, a t e Op b lc, a c rn. e c ha, tl",,ie veYi,31-cle speed :L, lclss 1"11101 1 n, rurl, 0 11, 1,1), n 1), s, h a, J),, 1 b e p r o v 21", d,, le d f o r t h v e h i cl. le o p er ,a 't,o r t o, r e n d e, r t e tit,in, le le c Yi.a n, 11.. S 1,111 le ao. t h e r c), p le r a im e o r 1 n, o p le r a ti v le a g lo, r o -t h, er c o rvv e n. *1 le n t, a n d 0., f f le c t iv le rri le a, ris o f t h,,rr? t e r s I-ia 1 1 b le k P t 1' n, th,om a p, p r op r 11 a, t e e- rn p I oy le d -i le i (D' L f t h le t r IPI 0 At t. I P, 0 1 10 r"I L11"I't il 1 t I -i e t- eixmi, t s bil le t h, d u t y o f j - d g o r o t I-ie r c lc) n v e n ii le n t a,,n d f f c t ii: v e, n, " i e w 1 f rs u c i t a i ez� t e ri,, t o t h c -.1, n lo, n - j employed pos.1 10T I P 4 D FE E F C REG I,S,T% R,M',kicXi,, IN ECTION" M ,I, No driver" O'r Olwr,�cr of" a tax:i-cab (;hall o,ffl(E?r rilless the tiaxiffie,tex Or lc,,,�,-L, the ,�,,�;oame, fo�r In -re ur I t 11, d tl-i, , ri, o r C,31 d j A, - -ii y c e n m t 1S1i ez, b n f i r s' t d witl-i zir�id, ir',,vispect,ed by, M, thiez: D-i-v.i lip * -si.on, oVf Vle ko, 11 t i(, ,a r,id M le ;:T s u r 6)H s, tr,-,� of ,1 z; iri d f 0, U nd t o, c c u 1 a tc d e g'] s t r � r f ar le, c lo r r e c tl y, "11. ri 9� J� a t, le, s, a s se t f o r t 171 i r), t h 1, s Ar 46 , ai�iid la, seir-.-il, hereto sh, 11 h,,ave til I C.11 1, o,'�d.� beeri plcacc,%d onthe taxi"'.1"),ir ter., It rllliall. be the duty of "Lhe, o,v-mr,,:,�r or driver of any tcax,lic,la, 11"t the, sa,n,"i,e 1, irrieter to equ pi -ed wit,h, a tax g t o t rie D i v -1, c -10 n, c) f 1� and Mea sures o,f tf"��ie 4 & by, s 1-11 IPSol n is u, c at,e a y, b le s s (, a I d- lid :i,, v Ji,. . o n 9 c t 01"I" ca, 11 1, n, c 'M e ispedtlori o f t, hir, t a, )< J". met le r -i e e x, a '. "! - 1 , c 'W. ,affixed 2A-), lc,,�,very c a r r aff operat," ec t o r c o Y- V t:rL (J1 :i,, to of s u c h aa x *1 me er t IU p 0 1 n, r- I I h p ez, 112. 011 t h e D' SUr e s o,,f' t he S t a t ee o f li,a w a 11 o f We ghts and blei,)a S11,8111 f 1 n, id, t] -i at a, tc:i x,1, ri,,"i le t el r -i-s no c 2. c 1,.-11, a 9 e :r,,,ates, zas set Article, 1",-t S','hall 1.>e 'L h le j�t-i liai viv, f`u I t o o, p e ra tcj 0-1, le ta x cca b o r t c) e rm-i P t �,#-i xi", c: E -i b t,o .1,.) le o p e r a t ed ul-,rtil :iA,cs, t,ax"IA",neter sh, Y�,ave been repa-ured, tested an,ld fout ici. to be, a:nA re-gisterinig a fare 11 I'll s s le t o r -t n tli. ty wi-t'-11 o n'',flox-rri le r ja 7 a n d, a s e a, J., s f,i a J, . 1, Fi a vbeei°"), pl.a,cE-,�,ci! N o tl4i ,J1, n r:, contained in this section shall prohibit the replacement of a taximeter with another which conforms with the provisions of this Article. 3. The taxicab driver shall pay such fees as may be established by the Division of Weights and Measures of the State of Hawaii for each taxi- meter inspection, the frequency of which shall be established by said division. SEC. 6. THE RATES OF FARE AND BAGGAGE CHARGE A. Rates of fare within the County of Hawaii. No driver or owner of a taxicab while operating the same within the County of Hawaii shall charge, demand, collect or receive a fare other than that based on the following schedule: 1. Initial meter actuation shall equal seventy cents (70f) and shall entitle customer to one- sixth (1/6) of a mile or less, or one minute waiting or elapsed time or less. 2. Thereafter, ten cents (10Q) for each additional one-sixth (1/6) of a mile or fraction thereof. 3. Ten cents (10¢) for each additional one minute of waiting or elapsed time or fraction thereof. Nothing contained in this subsection shall be construed to permit charging mileage or waiting time rates of fare which are greater or less than or different from those established and fixed by the above schedule. Where a taximeter is designed to calculate fares upon the basis of a combination of mileage traveled and time elapsed, as provided in 5-18 subsection (b) of Section 5 hereof, the rates of fare upon such combination of mileage traveled and time elapsed shall be the same as fixed by the above schedule. B. No taxicab driver shall charge for waiting time, unless a passenger directs the taxicab driver to wait. C. Whenever, pursuant to a request, it is necessary for a taxicab to leave its fixed taxi stand to pick up a passenger, the distance between the fixed taxi stand and the point of pick-up shall not be added to the distance over which such passenger is actually trans- ported, when computing the total amount of fare which may be charged under this section. Nor shall the distance a taxicab must travel in order to return to its fixed taxi stand after discharging a passenger be included in the mileage for which any fare may be charged. D. A taxicab driver may charge thirty cents (30C) for each piece of baggage, except that small bags such as train cases, briefcases and packages that are carried into the cab by the passenger shall be conveyed without charge. E. The aforesaid schedule of rates of fare and baggage charge shall be posted in a conspicuous place in each taxicab so as to be readily visible to any passenger. Such schedule shall be legibly printed in bold type letters not less than one fourth (1/9) of an inch in height. F. This Section shall take effect upon its September 25, 1972, provided however, that the new rates of fare 5-19 shall not be charged by individual taxicabs until their taximeter has been adjusted and has been inspected, tested, and sealed by the Division of Weights and Measures of the State Department of Agriculture. SEC. 7. CRUISING Except in those areas controlled by the Federal or state governments or its agencies where cruising is prohibited by statutes, rules, regulations, directives or orders, a driver of a taxicab shall be permitted to cruise in search of patronage at any time. 5-20 The provisions of this section shall not apply to taxicab drivers soliciting patronage at any steamship wharf or airplane terminal. SEC. B. SPECIAL OPERATIONS A. ADDITIONAL PASSENGER No driver shall permit any other Person to occupy or ride in a taxicab unless the original passenger shall consent to the acceptance of an additional passenger. No charge shall be made for an additional passenger except when the additional passenger rides beyond the previous passenger's destination and in such case the charge shall be by agreement between the driver and the additional -passenger; provided, however, the charge shall not exceed the mileage rate between the pick-up point and the additional passenger's destination by the shortest direct route. Driver of taxicab equipped with taximeter shall set the taximeter in the employed position until the destination of the first passenger is reached. Thereafter for the remainder of the trip the taximeter shall be returned to the non -employed position and a "special" sign shall be affixed to the flag of the taximeter. B. PERSONAL USE Whenever a taxicab equipped with a taximeter is in personal use of the driver and not for hire, the "special" sign shall be affixed to the flag of the taximeter. C. The Chief of Police shall prescribe the size and specification of the metal sign and the same shall be furnished by said Chief at cost. 5-21 SEC. 9. POSTING OF RATES OF FARE Schedules of the rates of fare as provided in this Article shall be posted in a conspicuous place within each taxicab so as to be readily visible to any passenger riding within such taxicab. Such schedules shall be legibly printed in bold -type letters not less than three thirty-seconds (3/32) of an inch in height. SEC. 10. LIMITATION IN NUMBER OF TAXICABS A. Basis. The number of taxicabs authorized to be licensed to operate in the County of Hawaii shall be limited on the basis of one taxicab for each 1200 resident population. B. The resident population for the county shall be estimated annually by the Department of Research and Development of the County of Hawaii as of July 1st. C. If the annual count of population permits an increase in the number of taxicabs, the Director of Finance shall publish a notice in the newspaper of the additional number of taxicab licenses to interested applicants from licensed taxicab owners by public drawing. If the population count is lower than the previous year, the maximum number of taxicabs allowed will be adjusted but those already licensed will be permitted to continue operating. D. Any taxicab licensed to operate as of January 18, 1971, shall be permitted. to continue operating in spite of any limitation to the contrary. E. Nothing in this Section shall be construed to prevent the replacement or substitution of a licensed taxicab by another vehicle or prevent the sale of a taxicab. 5-22 SEC. 11. PENALTIES Any person violating any of the provisions of this Article shall, upon conviction thereof, be subject to a fine not exceeding Five Hundred Dollars ($500.00). 5-23 SEC. I DE F INI T 10 1] S A s u s e d J- n tl-i s Ar, t :i ic"i'le t]",I-e, follow.i.ng, words shall, I,iave, x,--wJ s e i'llidIcat-,ed, by t'l,,ie C01 I t E'"Xi,''t b, e �d SECO 1'. 0111". is''C11,00, busi" sliall Iiave "M,4eaning pr,escIr.i b I i VJ- sed S -un ac 1.02 D r, J1 ,,Ve.,E,* a m e a a n,y e r s, o n,, phys"i'l.cal. control of' a, sc," li oc�, 1 bt,-,i s SEI c 0 3 ""School lz�iu�,s opelr.,zt,or" sliall, mean and, Ji-ncalude, ever.nzixtuxal[., firm, co 'Y R at cl, S SOC 1 1 On. 01: corporati,C)''n,., binding itsielf cont.ract the Coun,ty of Hawa.'LLJIL to ion of school chJ"Ll,dren t,o or f,rom s ch oo 1 a s dv,l si' o n s io ��f is e c t CIVJ- S,e - CL J -on, '229 6 - 4 7 H. Ztw d C" "'t rp 011F S IC11,10 01 El, S SEC. 2-001 CONSTIPUCTION 2UNJ)", 'I E,(') 'J"u, I PIP I E INI.L SEC. 2 . 0, 1 110, vehl"icle, slizll be used as a, s6li,,00l, bus t,ullo s,s t.'h-,e Police Departuien,t of the Count,y of llaiii a,li sli,,iall. 'I�i�,iave det,e rMlned t'll"'cat Ji..t it sa,fe,ly const,ructed. S, EC - 2.02 Gas,olle tz.,i-iks slall be e,ti ,n lrel,y outslde of tl-i,c school ut,ij zed, for cai-rying passenglers'., Eac -,i giasol ine tank sl-icallll ble equj,.ppcx,,d with an i-nlet for, fi'', Ling on, t h e e xt e, r:lii- c), r o f" tl-,i, e b, u s 10 This pro,v,--Ls,:L,,c.),n, sli.all not appl,",�,,r to, d:"Lc.�,,�sel-j busses. 4 10 Eji'c 0 2.03 1111'!hc i-->,iacic%�%,ment and Lrls,talla,mL,0 " f E-"'.,,,x'h ,u is,t, p 1,pe S 1. 1""1 0 c7l, of each, scli.oc)l bus s1ria,11 1.)-e as. appr ove i(:I by t1le of t'h.ic-.% Cour.i Ly of Flawaii-iiiiiiii, Ever,,y sdli,00l bus sTuall be, cons,t,x4,I,'ted c 'S I arid main.ta-,"Lned as to,,preve,n-t gases frorn en'ter"Lng the v e hicle 1--'hroug]"i, t1ie f Loiloir. 1, S El C 2. 04 and ex,a,-t-. id-oors of all sic"Ioiool busses shia].l be, p.1 -aced (I)n t1i,le rj-gl-�it--hal'rld' CA Culp .,7i�,lclle,of 'Ii r, th,e, f'rlo,i,,,,,t, of the bu, 'so, ax*id s,hall ble d-irec"t.I.Y with.in t-'Ii,,e viLiew and clontrol. of t 'I I its S, ", 'I :,ri, le dr, 1' v r rr),,tra�ri,ces arr),,d e,x' h,,all, at all t"mes be kepit clear for the ingress ad legreliss of Passengers. AILI such doors, must be ca,pable of posit-i�-ve till"11-III i-forin, r, Wm i,,, at a -`,LJ-, t,I'Lr�fn,,e.,S,,, -i fc-cl-ol- i,,,,,is, f la, plea,s�ure—car typcao S E, c 2. 05 Ea c1I.- no, t o shia-1.1 be equi-pped, w1l"ith, an em,ex-'genlc:-,,.,y, c,,,i�xi,t "ILn -tt e re,a,r,,, or of,' -A. Or"),le opposi-te side of 'the e,ntrlc-.in,,ce dofo,rto 'be openeld outward and or exteri"or capable of being opened fir.-oni either ti'ie I*nterior af the blu,.cj--, Sudh eixtergericy exiLt bl:e le.clru."LLp,pled wj"A:11, de!,vi-ces to it lc],.osed when not sand, of,siuch, Character to, permit I'Lt to 'be: opened, readily w,"h,,en necessary withaut un,due "b'I.Jty for unauthor zed u se access'l 1 1 1 Th lie is 1 Z, le; .1, O,n, Imo' nd rof siuch emergency, must meevt wi`..th, t'he- approva.1 of' t1i,e Piol1ice Dcpartment of the County of Hawaal"I'O, S I.,11 "be less, than, EC 2. 06 No ai"sle in a sdli,,,00l. i - E` all, sdhool bus,se� twel,ve (12) inches, Ji -n The Evust be freefromn al -1. pa.03lect,ion.is, Likely to cause n: to, a, pl,,Ip,11, The ceilings over, "the &:i-sIL ,and backrell o,,f sea-t,s of" ,,a, 'Ii r, bus ";0, be fj,,,.,-ee n e ic 1 o, is rriy from pro' -t c) f -'I I., ki. rIi,,(,I NMI SE C. 2.07 No E;;eaLs f7or pll,pil,s sha-1.1 be placed a"head c f a. I'Line, drawn, cr,(.,)s,sw,1*,,dc,-;. of th,e bus 1`11�,r,�tjliecli ate ly bac'k of tli,e W oft I d,r,,iLv e r s, s e at ied sliall 'be provide;d with a Upi 1, 'J. s.', h, � c .2 . 0 8 l]" #!10-1 L I., c a r r sll i-tting spa,ce wi-ii-ch 11S5*11-ia1,1,1- 'be free from. pro"ect,ions of any kijndi, 311f s;,a f e a, n d o f s, u f f.:*L c i en, t s nod z e 't of a c c o'rt-un o d a ��t e 1.1,-i int A 11 s e a ��t s slo-iall boe sc,.*,-%,cure,1,y f astened to t1le j-),z,-i,rt 'or parts of tlschool b,u,s supplortiLng thein. SEC 2.09 All school. husses, shall 'be ecpai'pped, with, an a d e qu zi t, e, horn, dua-1, or supplc mment,aary brakangstem, rear, v" x 1 3. ter ad I d co n s t,r ��u ct mIrror, hg-,fT1ts, tfai 11i c,,,j, i -S speedc w" i e df off safety glass, wiper, stee,,r,1',,t",ifcj,', mec']:-),,anJ*-ca,1 Tiand- s,i.gn,a11f...1..,,ng dev,:LLce if needed, ai',ad other req-le,dby law, SEAC. 2. 10 It, shall be un'llawful for, the drai.ver of a sc'hool 'bus -1:-,o carry on uunnece,,.3sary conversatio,'n, wliile the sadd bus is, 11 No driver shall work as an o :,ator or 'be otli,er- per wise c plo,yed for, more t1lian t 'elve (12) Ii,,oux,s ,i"'n any twenty-four (24) hatir S E c. 2 . 12, 1,.'],!vc�ry scl-vo,o,11'. bus shal],. be c1elamed dai.-Iy and", kein. a, pt sanitary co,ndilltion all til.,,mesQ, S, E C., 2.13 No draver wl li,-ile transport.iLng sich,00ll chJ"-1,1.d,ren s "h a 11, le a v le h L' s, b us w1-11* the engine: m 0 -ig o r th e b r ak es is runnii a r e r (:."),Ie a s, e id 0 Dir ch s cho c, C., 20 2.1 4 �, l'i, �. bv'l, S 0 P, ic:,�ra t o, r s, h al I report to, 'thic P 0, 11 c e D -a, 7,- 1- 1 - ( , I of' tli,,,,e Cou-x#'i,ty ,f 111, "1 1<1 o a,��, Nt'a t1i, e 1, " �AA. icerise riwnber of a,ny 'motor irve],,,,it1cIe,, t)""ie operab,:)r of vil[J'L c1a i., S 9'"LIA-Ity, of' a vii ol ati. o:z,',i ,of aiy ate, r,affi,c ws such, vi-o1at.i-on, a n ai"-,iy wi.-iy, en�da,niq %�,.I:-s tlie safety of tbe utpils, beaLng transporl::ed, SEC. 2,P,15 A1,31. si'de oPairi.i--ngs, between the dr.,LVE-,'I.'Ir S", Se - ;.t and rc., a,,r, sh,all. be sc,r-ee,ned w3i''Ith meta,11,, screez"i of not n�ore t'I,iari 1-13/4" mes"h, and i-iot 1 e s s, t 1:1z ixi No,. .,`1-6 gati,gl(:,�, all to thie S'a'' t, i's f� a, (-..4 "t il o, n o 1,10- of tlie Ciouf`lty of Hawa-l" 1".Ir. I '1111-i e s, tiall. itio"t, a prov3- 1.'.fmas, of 013Ls, par&grzaph s,hL to schoo. 1 busses c--Nq,'u,, I`pped witl-i, s, afet,.-y glass wil-ndows wl-d"'ch, are ti adj u ' -'t -ed 'to not al, t"1,1,11al,i, fifty pfercei,,A: (50,1;X,' of' the top, , l sr, sopen portion o,f a'''i,d , side o 1 -;)le r), 1 n g s f iom b e, Ji ed SLE q words IS, C110,0 L BUS s'Iia] . . ... . . 1 b e p a i n te d o, n t h,,,e 0 f'ront and, -.re,,-,ar of each, such vel�j.] ..c.le in, such place and, col -or, as t e LF-!xaminer of Cliauf'feurs, shall d-'irect, E`) i a � 1", d, w, o r � d, 'P i ngs shal I'll HP be ii, letters of not lecos thian ei igtnt incli.cs (8"), in hfemi g h,,t an d, strokes of not less tl,-iaxi three quarters i.ncli (3/41`11) Pill Width,(# SEC* 3. D E 1 17� 1,,"3"USS&0j, AIND SPONSIBILITY OF' D,RTV,E`I,-zS 01 TZATION' 01 SEC* 3.0.1 Drivers ot sclmol, bu.rse,,�7, :7 f alt -,,11, t1m,es, operz-i,te sudli veli-'I'Lcles, inla safe, Prudent carefu,l manrrier, w.]'Lth e use of h-:L(j'h%vFjy by others., due, regard, t,o t1n,c and, S, E C. 3.02 Vlhen any accid-ent or damage occuris tof or defect, develops, in t)-i,e bus, so, as, to j,,iia'k(:I,. 'it unsa,f e fbr, t�ir- viela.ri�. W j then, d. r i ve r s h za 1, 1 i',mm e dil'at e]. y tl'i, e r eu p o d,is;0�(,"),n, inue 'the, use of the bi,,is, IN r t`lv.:.� raf,e S wry t s, f c) a,nd, lie s'hal,].. ni,,za.ke all.. s, la.,r-1 F ar, r iati, g, cz, 4 Of the pup"'lo Llo Z f rorn t., id.,estInations . S EC, s hool bus Is at,, la,llc time foi..ind, or, Iczno,"wn 3.03 If any c 'Y 'by the drivell, to be qex-ois ul�nsafe for operzati-on, or x''ported ""Ingeric"),us, a-,nd unsz.-xfle, thle 'use, by, anyone to t1i�e ldrrixer as )�:,)�elo,,I'lg Cl,,c,,,,,,, ,of such scli,.00l, bus for, tlic-%, t.7--,ansp,ortati.,on, lo,,�E pul�'),Ji.-Is be U properly exartil"'"i vE, -ind 3-, le I y t1mi, r e, vi poll unti d, a dsc a, n. t, 2. ri, t;t le d. 1, ru."m ec-l. ,if n,,,eces,,s-,a,ry,, re,pa,J-'r,ed.,, and, the t:.Tiat - the, bus JI.S1 0'' t q, �' I i n vrr 1 a is a, f le� co n, d i a,.,, c,), n 'rctu f�,`]Lr tLy 1)ve obita".n.ed J t, i n g f 'r, orn all Offi,cia-'I, In,,speictiLon Stat.iicn-1 bc�Njr �1, �,,te Ch.1"Llef of Pol,,3"- ce or, f f'Srert�ffi a p lo, li, c le o .,Lclier of t"l,"ie Cott'rity c -),f' W" "5 c �.L ,,, , r lie v le n�3 le c, r S� I c 3 wk Op 14 11,sT, Ma c, lio o I b�tis, shiall be put bile b adk, le d vvilnii,l le o n, th le is c-.-,Tr11) oo,'I grounds, or i an,y po,t'nt oir pLace r iii nitov(,;�.�rrne:nt can "be w-ie,r,e cl" 1dren, le,,n,te or leave t�-,hic bus tn"iless sucI'L A made -L-n safiety. OVOV. SEC. 3.05 No schilool bus sllall, %41'ien bea"11-ng used for the" trans,,2 pillortati,ic.ma of pu,p_,.,J,],,'-, be opcara' t ed i,ven wiLth an, JL le r, or dr" y tra or other veln,,icle attzac'hed. ej-7etof nor shall z n,y schoo.1 trans 11 Ell, S s anid otIier sch,00,l. port f'r,e1*,g,)'11-,t -c)tlaer t'harsrll th,"... ZD,chool boc),14: 11, 0 materi'lial J"Lled by jr:)upi-ls, w'*1,A,.,,e carrying sclioo,l tl t p 'Us wnexl, 1 .0 3. 0 6 No per's,oro,il lo, e,� � a -t e a sc Ili c), o J. b sc) loaded or, whe:n. a-,r,iy person, cso, seate.d as to L.riterfere, or, ob,struct, t1-i,,e v.,i " ["ioe id " si'lde, or, by ,,saoln of t] niLver to, tli,e front, t1ae rear, or Interfer 1, means, of Ui,e: inirrc),t", to e w *'th the - 0, operlz-,,ttkon of th,(:,�;', btis, J, dhc o..,, 1 b u s, it Iial 1. b e op era it e, (Ir,r, iemgaged except Ni4hen ccm-:,,jLng to a stop,, or w3L't.11 t1l, e t UC 3.08Smo j, k nc I "i w,LY,ie bus driver shall, 'bic-1: pro1i*Wited whenever '1. s pupl. are ]ID'i IIA i..ri,,g- carr,3-ed asc&rI-t,axj'*'.n that g 1 , " 'I IIIIII :1 quor sriall at, any t' e be carr, el d� scliool. bus or, u. liver. i , in a p1(.:,)n persoi,,-i of the ic],,.ean and, it'hat, the lights, horil. ai,-),d otl"ier tent and mechani.cal feat,i:tres of are a,,.n good and safe orad erati,ng S 3 Pu " )IC -1-11C ...'a I p:ilis, Ir ` WI" i -r, nsported, i,.i-i a s6hool b,u,,,s s'I"la-11, be undecir thc.� Zt,"I'Ad. coiltrol of ia�jrid respori,,ii�le d-l".'riectI, A Y d-iL ', o i cond,uct ox to t'Iie dr,Jvell o f th e b us. C o, i, t LL , 1" 1 I'l e d �s- ,,-',d e3- ly J,I I persi,stei"it rvefuusal toi subruLt. 'to t he authoriLty olf' the de,r shall bc,-,. sufflcient r(z�:;s,-(,i,,S,io,n for refusi'Mig ta,n3pVo,ratL",on to any pupi".1 and for such oith.er puni,sl-iimen:L. as, the loica-1. scl,,-iool, regulati,ions, may 4, provide. Th,e dr,Ji.ve'r, of any schoicol as shall bie. "held responE-,�-. 0 1 1.. for, U -1e: orderly c,,,o:n,duct ci' pup''i I I - .1 f t-,xz-sported and sh,a-ILVim. iM immedi'atelY rieport 'cases, of' to, the, pr1lnciLpal of the is cho-ol, S E C 3. 12, Wvl-ienever a sic."hool bus stops to di'scharge pupils ,o must croiss,), the strelet or 'h,I'.g,hwa,y im orider to reach, th,e,j',-r d e is t i n a tJ' S, uci-"I!, u p 1. s m u s, t c r o, s s t Ii e, s, t r ee t o*, hi"L, g] -,"w" y im 1� `I.at, w"I'len JI t . " 1. ",:) 1 fro,nt of bus,, except til I I'S rlci't pract,"cal m 'to icroiscs,-, mm bvi, isby- the driver, IDiefic.,)xe xi,se, to asc&rI-t,axj'*'.n that the ic],,.ean and, it'hat, the lights, horil. ai,-),d otl"ier tent and mechani.cal feat,i:tres of are a,,.n good and safe orad erati,ng S 3 Pu " )IC -1-11C ...'a I p:ilis, Ir ` WI" i -r, nsported, i,.i-i a s6hool b,u,,,s s'I"la-11, be undecir thc.� Zt,"I'Ad. coiltrol of ia�jrid respori,,ii�le d-l".'riectI, A Y d-iL ', o i cond,uct ox to t'Iie dr,Jvell o f th e b us. C o, i, t LL , 1" 1 I'l e d �s- ,,-',d e3- ly J,I I persi,stei"it rvefuusal toi subruLt. 'to t he authoriLty olf' the de,r shall bc,-,. sufflcient r(z�:;s,-(,i,,S,io,n for refusi'Mig ta,n3pVo,ratL",on to any pupi".1 and for such oith.er puni,sl-iimen:L. as, the loica-1. scl,,-iool, regulati,ions, may 4, provide. Th,e dr,Ji.ve'r, of any schoicol as shall bie. "held responE-,�-. 0 1 1.. for, U -1e: orderly c,,,o:n,duct ci' pup''i I I - .1 f t-,xz-sported and sh,a-ILVim. iM immedi'atelY rieport 'cases, of' to, the, pr1lnciLpal of the is cho-ol, S E C 3. 12, Wvl-ienever a sic."hool bus stops to di'scharge pupils ,o must croiss,), the strelet or 'h,I'.g,hwa,y im orider to reach, th,e,j',-r d e is t i n a tJ' S, uci-"I!, u p 1. s m u s, t c r o, s s t Ii e, s, t r ee t o*, hi"L, g] -,"w" y im 1� `I.at, w"I'len JI t . " 1. ",:) 1 fro,nt of bus,, except til I I'S rlci't pract,"cal m 'to icroiscs,-, mm a Y may be q tll)"e, -rztre�et or, Itilc 11VIII., ,lria, i, fir o Y"i- t o f t c s 1, pe.rmui,tt,.cd to cross, bchInd tlie bt.l,,S. 1 1 — , � I ` sh,all not be such, plo.jLnt unta,.,-1 all -1 ptip��3'11-1 s Ii, a, ve crosspe, , tl-ien strrte" l(,nt ox 1-ighwaDIY '. T 'xi- le 1" til"i le" r, ca ,se a. 1. so i t sha 1. 1. V thle res *b ponsi :.�Ii.l "'ity of 'tl-ite driver 'to ;s-e,e tI,,i,at, pups do 'i,,,wiot cross lzc,,,,Ptreet (,",-)r bigl-rwzy until may ESC"A" SEC,m, 3, o 1, 3 All doors be i pt cl.Ilosed ,.,e the bu, m il J. -S :I -n motioll SEC 3.14 A scIl'-m,ol 'bus s,t,(.Dpp,*'n,g to, load, dsc`-iarg,e ptipLs 1 '- '1, lilD 1 11, 1 � C I" , � p O� 1". it Y 0 h.,t thle, o ut s, c3'C"- .h,e C. f II'llo sha.1.1 stio ,p as- f ea r to th le r 3. ig, roadway as possib,le v�lienever smich stop can, i made wr.J`L'th, safet: 11 Y SEC. 4. INSPECTION OF E.IQUIJE ENT S E 01 T`[icm., Ch o f Po I -J"L, c,e of it"Ifiel, iC.".Ounty o f Ilawal"Ji. J - or duly V1,11ch, shall n cJ- iu d e 0 f fl. spe -L ,1 ol rizz PI s Il'i a b c-, fo r e a ny p as,,-, s, le, ng e r c ic i s, le Vehj c le, 11 n ic it J o n, "Es. t at # S 1 S, s u e, d t o th e s 11-'11, d 'b u s irib pect th,le bus, for lw`hch a 0 'CI r e ,cm s tl,, le C -al I-il d, �11 �1 f hi le f 3'. p. a„, to be i good. se,r,v"l,c,e,�,.il,.)le',aii,I a f e c o, n d t. o ri f or th e s a f le, t, a ns p,o,r it a ti, o n o-lf is,, e ng is"hall, d,elLiver toll the: E-q.?Pl cant therefor a certificat,le, sett-L,fIg f0ir'th the fiact that U-ile salid. bitu's hizis "been 3-'nSp,Oct,,ed amd, fou,,rid to be, 1 1 c1po r t at , ” schlool ch- Ii.1dren is"hial.1 be !-7,vibjlect 'to, a thorough, inspeictgym. on am, th e P o I i ic le DeP m.-7tim, e n t o f I- it h e Co iu n ty, of IlawaJo., 1w or ,any 0 ft i c, i a I I n is pe, c it on Stz.,"vU."01"I silo deslg''Ill,Zted m,-i,d aut'h.oxized by, am, th,,Ie f f P,() 1 Vll"ierl, a, vehicle r1g, (1-1 foxIl to 1:)e in, Ia, sati',,sfac,tory the departmi,ent of inspecti.,ng station. shaLl Isuce a c,(,a,,,lrt", cate of f stN,kdiich ce,r'tl'f,:*Lcai:-sliall- :Lraic,'lude a, c'li,e)-,�%cic,,Il p r, i� n te d Io, n e rcs��v e r s e s 1 °""„ e c e r It i. f yi�i a3, to t.11 e e qi, ne n t a n d, laecked, zaimd certil fyil-rxg, tor the adequacy and, szatflety m, e c a n:ji. s in s c o,f th,e veh."Lc:lle arid eci ii-annent. Nc) veli icle sucla, a c e r t'll". fi c a t e Is h,,a 11 b e u, Is Ir d a i'lid n o cl. a-i"'rVii, 11,13 fo r, the I P, r a, ri s pIt 0, n 0 f scli o c�) I cli, 1, 1 d lr e i -',i, wi Ill b e p a ld u ri I e Is si a c c'arn e d, by au. ch. a c er t �!'['-f i c at e o f li- 11, s ct � 11, 0 11, A (-,-o,, y of' tlil,e said ce:r-ti-lf lill-cate sliall "P 'b,,e each mo2r-,i-tJ-i,, t,o, 'thile DjLS-trict, llav;ai i Island Schools. Ir S-Ei'll, c 5 PE -i" NAL ri,peirsion. cor',,i.vril ctt',- d of a Y JL lvi,olatO, 0 n f a ny pv1J, S V0 Irl of thl's 1-irti-clica shall., ili, a,,ddlt,J,,,,ar,,,i to the p,Tmaltles p'-avided, ri jLve flundre-d by, contract, be ished by a fi ne, of not more thar, F", puri,j Dollar's (;)500.00) 0 0, Al T'I C14 E m, r,,i, mu, s ............ SEC., BS "rE.", LC)f) 0; LEAD S E ( Co., 1., 0 1. CI "I"Y BUSES I`hie, f thcIN "L,nig area next to, Mool-if", c)"lu, F71'ark rwn i,,s se"'t bay f i, t, pa r1c "I for the of a buez; termi'',r1 2, 1, porti,on S EIC 4 1,1102 C,, 0 1 y JS '',1"he of' t h e 'b a:y f :r o i-, �i.; p a r "k a.,,n, g), a " i�:,,,a 1.s, s e t zi, J.df ek, I I`ba�"),, t", I -i, e pu r p o s f s "te r tni 'I*S�k 1" f o r, c ou n -t r y, b u, s e s ery� ",n -,,,e Cour�i:ty Cc)u,,.r,,tCi,1 _0 CIE C 1,1, 03 A' D I`)"IE)GI'JJ, A'I'I_ 1,,:izalice such f'or tIiie p,a,:r-.,k.l'n,g of ca' 11) y Zind", XN cour-itry bi,setaw a,_, c, n lec e a ry # s S E # 04 P 1,1�,RK FEE Thcz,,�,, FiLniat"'ice DI., r e c t ar,' ��f ea c I— b u ��s, �p @.-i 11.,<., 1, n, g i_i"i, C. ol,',, I c t fr o fri the ownr,..��ir_ o)"', op1e,j,:,at(I "I D o 11 �c,:; ari FiL f t y C e,r,,i, t, s $,3 0 bus t h, s ti� -If" "' 1,:r o �e c p e r ri o n -it-, h,# S E C., 2 SAF E "rY G,I ASS' SEC 4 2.01 SAFETY GLASS 11 IFLE]"o On a i N o v e ;"rlb e r '1 111, 9 4.9 n, o pe, r,,s_ o n, s 1�i al 1 s,", &11. 1 an, y i,,,i M, 0)1t, o; r v h I c, I., e n o r s Ii a 1, �,�'L o 'b u s c) 1-12",,, �tl 1"i pu r p o s,,E, -L; h e r ezaf t r vvh, 5" J" s ci, ec,,�,,,J g n i, -!d ai: of tr por t:L' ri,g pia s ii� c r) g or si, f,, or: c orn, perl ool d v�it'i"L-t hi S � f e -t g y 1 ss,; vvh e,r..,., e v e :r� bLJ, S, "u n3- e s, s s u c h v (,:,t I 'i c Le i, s cs% qu i, p p ic,? 0 1% S I "' # I I r",i d w i; i r'I'ts, 1 e si ,q. I S IJ S 1 a s, s, ed, n, V 11 d (D ��`V i <:1 od of glass, .1t gI a,Fi s rifve z;:i, n s a r�"I y )rodu1c."I't "I"h ic, t e riri iia,�f t &n �'t a y �to co tu 'b r a s, SU ID,3 1 s rnar',,tufac nd,111 'I.C"'A" ii, t., c, I or pr e%e t) t t, 2�, k 'I �,g of" 'th,(,� gI,"-,ss 9 EJ, C r Cj y b:i,-, o, n,, o:r,��, s,'�.,i c 1"), t h e i- si ii�i 1 ar p_:- o d, u c t a s b, e a, --:L, (1,xv e d b o c e CHAPTER 6 CHAPTER 6 TRAFFIC CODE Page Article 1 . ................................................ 6-1 General Provisions ........................................ 6-1 Sec. 1. Title ................................. 6-1 Sec. 2. Scope and Applicability ............... 6-1 Sec. 3. Definitions ........................... 6-1 Sec. 3.01 Alley ................................. 6-1 Sec. 3.02 Arterial Street ....................... 6-2 Sec. 3.03 Authorized Emergency Vehicle .......... 6-2 Sec. 3.10 Bicycle ............................... 6-2 Sec. 3.11 Bus ................................... 6-2 Sec. 3.12 Business District ..................... 6-2 Sec. 3.20 Controlled -Access Highway ............. 6-3 Sec. 3.21 County Engineer ....................... 6-4 Sec. 3.22 Crosswalk ............................. 6-4 Sec. 3.30 District Engineer ..................... 6-4 Sec. 3.31 Divided Highway ....................... 6-4 Sec. 3.40 Emergency ............................. 6-4 Sec. 3.70 Highway ............................... 6-4 Sec. 3.80 Intersection .......................... 6-5 Sec. 3.120 Motor Vehicle ......................... 6-5 Sec. 3.121 Motorcycle ............................ 6-5 Sec. 3.122 Motorscooter .......................... 6-5 Sec. 3.140 Official Act .......................... 6-6 Sec. 3.141 Official Traffic -Control Devices ...... 6-6 Sec. 3.142 Operator or Driver .................... 6-6 Sec. 3.143 Owner ................................. 6-6 Sec. 3.150 Park or Parking ....................... 6-6 Sec. 3.151 Passenger Car ......................... 6-6 Sec. 3.152 Pedestrian ............................ 6-7 Sec. 3.153 Person ................................ 6-7 Sec. 3.154 Pole Trailer .......................... 6-8 Sec. 3.155 Police Officer ........................ 6-8 Sec. 3.156 Private Road or Driveway .............. 6-8 Sec. 3.157 Public Holidays ....................... 6-8 Sec. 3.170 Reconstructed Vehicle ................. 6-8 Sec. 3.171 Residential District .................. 6-9 Sec. 3.172 Right of Way .......................... 6-9 Sec. 3.173 Road Tractor .......................... 6-9 Sec. 3.174 Roadway ............................... 6-9 Sec. 3.180 Safety Zone ........................... 6-9 Sec. 3.181 School Bus ............................ 6-10 Sec. 3.182 Semi Trailer .......................... 6-10 Sec. 3.183 Sidewalk .............................. 6-10 Sec. 3.184 Solid Tire ............................ 6-10 Sec. 3.185 Special Mobile Equipment .............. 6-10 Sec. 3.186 Special Hazard Vehicles ............... 6-11 Sec. 3.187 Specially Constructed Vehicle ......... 6-12 Sec. 3.188 Stand or Standing ..................... 6-12 Sec. 3.189 Stop .................................. 6-12 Sec. 3.1890 Stop or Stopping ...................... 6-12 Sec. 3.1891 Street ................................ 6-12 Sec. 3.190 Taxicab ............................... 6-12 Sec. 3.191 Through Highway ....................... 6-13 Sec. 3.192 Tour Vehicle .......................... 6-13 Article2 . ................................................ 6-20 Traffic Control Devices ..................................... 6-20 Sec. 1. Traffic Control Devices ............... 6-20 A. Regulatory Signs ...................... 6-20 B. Warning Signs ......................... 6-21 C. Markings .............................. 6-22 Article3 . ................................................ 6-24 Driving on Right Side of Roadway - Overtaking and Passing - Use of Roadway .............................. 6-24 Sec. 1. No -Passing Zones ...................... 6-24 Article4 . ................................................ 6-27 Rightof Way .............................................. 6-27 Sec. 1. Operation of Vehicles of Approach of Authorized Emergency Vehicles ...... 6-27 Article5 . ................................................ 6-28 Use and Maintenance of Golf Carts and Golf Course Maintenance Vehicles Upon Public Thoroughfares ............ 6-28 Sec. 1. Definitions ........................... 6-28 A. County ......:......................... 6-28 B. Golf Cart ............................. 6-28 C. Golf Course Maintenance Vehicle ....... 6-28 D. Golf Cart Crossing .................... 6-28 E. Public Thoroughfare ................... 6-28 Sec. 2. Prohibition ........................... 6-28 Sec. 3. Restrictions .......................... 6-29 ii Page Sec. 3.193 Traffic ............................... 6-13 Sec. 3.194 Traffic -Control Signal ................ 6-13 Sec. 3.195 Trailer ............................... 6-13 Sec. 3.196 Truck ................................. 6-13 Sec. 3.197 Truck Tractor ......................... 6-14 Sec. 3.198 Vehicle ............................... 6-14 Sec. 4. Traffic Administration ................ 6-14 Sec. 4.01 County Council to Exercise certain Functions by Ordinances ............... 6-14 Sec. 4.02 Traffic Engineer ...................... 6-15 Sec. 4.03 Chief of Police in Emergency and Experimental Regulations .............. 6-15 Sec. 5. Enforcement and Obedience to Traffic Regulations ................... 6-16 Sec. 6. Required Obedience to Traffic Laws . 6-17 Sec. 7. Obedience to Police and Fire Officials. 6-17 Sec. 8. Use of Coasters, Roller Skates and Similar Devices Prohibited ............ 6-17 Sec. 9. Public Employees to Obey Traffic Code . 6-17 Sec. 10, Authorized Emergency and Special Hazard Vehicles ............... 6-17 Article2 . ................................................ 6-20 Traffic Control Devices ..................................... 6-20 Sec. 1. Traffic Control Devices ............... 6-20 A. Regulatory Signs ...................... 6-20 B. Warning Signs ......................... 6-21 C. Markings .............................. 6-22 Article3 . ................................................ 6-24 Driving on Right Side of Roadway - Overtaking and Passing - Use of Roadway .............................. 6-24 Sec. 1. No -Passing Zones ...................... 6-24 Article4 . ................................................ 6-27 Rightof Way .............................................. 6-27 Sec. 1. Operation of Vehicles of Approach of Authorized Emergency Vehicles ...... 6-27 Article5 . ................................................ 6-28 Use and Maintenance of Golf Carts and Golf Course Maintenance Vehicles Upon Public Thoroughfares ............ 6-28 Sec. 1. Definitions ........................... 6-28 A. County ......:......................... 6-28 B. Golf Cart ............................. 6-28 C. Golf Course Maintenance Vehicle ....... 6-28 D. Golf Cart Crossing .................... 6-28 E. Public Thoroughfare ................... 6-28 Sec. 2. Prohibition ........................... 6-28 Sec. 3. Restrictions .......................... 6-29 ii Turning and Starting and Signals On Stopping and Turning .................................... 6-32 Sec. 1. Limitations on Turning Around ....... 6-32 Sec. 2. Prohibited Left and Right Turns ..... 6-33 Article7 . .............................................. 6-35 Stop Signs and Yield Signs ............................. 6-35 Sec. 1. Stop Signs and Yield Signs .......... 6-35 Page Sec. 4. Conditions of Golf Cart Crossings ... 6-29 Sec. 5. Non -Responsibility of County ........ 6-30 Sec. 6. Indemnification by Owner ............ 6-30 Sec. 7. Bond Requirements ................... 6-30 Sec. 8. Penalties ........................... D. 6-31 Sec. 9. Application ......................... 5. 6-31 Article6 . .............................................. 6. Minimum Speed Regulation .............. 6-32 Turning and Starting and Signals On Stopping and Turning .................................... 6-32 Sec. 1. Limitations on Turning Around ....... 6-32 Sec. 2. Prohibited Left and Right Turns ..... 6-33 Article7 . .............................................. 6-35 Stop Signs and Yield Signs ............................. 6-35 Sec. 1. Stop Signs and Yield Signs .......... 6-35 Sec. 2. Overtaking and Passing School Bus ... 6-36 Sec. 3. Signs Required at Through Streets ... 6-37 Sec. 4. Vehicle Entering Stop Intersection .. 6-37 Sec. 5. Vehicle Entering Yield Intersection 6-38 Sec. 6. Stop When Traffic Obstructed ........ 6-38 Sec. 7. Turn Right Anytime with Caution 6-41 D. Intersection ........................ 6-39 Article8 . ............................................... 6-40 Speed..................................................... 6-40 Sec. 1. Maximum Speed Law ..................... 6-40 Sec. 2. Basic Speed Law ....................... 6-40 Sec. 3. Speed Law Violations .................. 6-40 Sec. 4. Prima Facie Speed Limits .............. 6-41 A. Twenty -Five Miles per Hour............ 6-41 B. Thirty Miles per Hour ................. 6-41 C. Thirty -Five Miles per hour............ 6-41 D. Fifty -Five Miles per Hour ............. 6-41 Sec. 5. Special Speed Limits .................. 6-42 Sec. 6. Minimum Speed Regulation .............. 6-42 Article9 . ............................................... 6-43 DueCare .................................................. 6-43 Sec. 1. Due Care .............................. 6-43 Article 10 . .............................................. 6-44 One -Way Streets ........................................... 6-44 Sec. 1. One -Way Streets ....................... 6-44 Article11 . .............................................. 6-45 Miscellaneous Rules ....................................... 6-45 Sec. 1. Putting Glass, etc., on Highway Prohibited ............................ 6-45 iv Page Sec. 2. Spilling Litter on Highways Prohibited ............................. 6-45 Sec. 3. Tracking Mud or Other Material on Highway Prohibited ..................... 6-47 Sec. 4. Improper Use of Roads .................. 6-47 Sec. 5. Dual -wheeled Vehicles, Operation....... 6-48 Sec. 6. Restricted Use of Highways by Certain Vehicles ............................... 6-48 Sec. 7. Towed Vehicles ......................... 6-49 Sec. 8. Regulations Governing Traffic During Processions, Parades and Funerals...... 6-49 Sec. 9. Unlawful Riding ........................ 6-50 Sec. 10. Obstruction of Intersection............ 6-50 Sec. 11. Use of Loud Speaker or Megaphone on Moving Vehicles Prohibited ............. 6-51 Sec. 12. Loud Speaker and Megaphone Regulated... 6-52 Sec. 13. Warning Signs Required for the Protection of Working Men .............. 6-53 Sec. 14. Warning Signs Required for Livestock Movement............................... 6-54 Sec. 15. Fleeing from Police Officer............ 6-54 Sec. 16. Slow Moving Vehicles - Requirement of Emblems ............................. 6-55 Article12 . ............................................... 6-57 Pedestrians Rights and Duties .............................. 6-57 Sec. 1. Pedestrians' Right -of -Way in Crosswalks ............................. 6-57 Sec. 2. Crossing at Other than Crosswalks...... 6-57 Sec. 3. Pedestrians Soliciting Rides or Business ............6-58 Sec. 4. Driving Through Safety Zone Prohibited ............................. 6-58 Sec. 5. Unlawful to Sit, Kneel, Squat or Lie onHighway ............................. 6-58 Sec. 6. Sitting, Standing or Walking on Railings ............................... 6-58 Article13 . ............................................... 6-59 Operation of Bicycles and Play Vehicles .................... 6-59 Sec. 1. Speed .................................. 6-59 Sec. 2. Parking ................................ 6-59 Article 14 . ............................................... 6-60 Method of Parking .......................................... 6-60 Sec. 1. Standing or Parking Close to Curb ...... 6-60 Sec. 2. Signs or Markings Indicating Angle Parking ................................ 6-60 Sec. 3. Obedience to Angle -Parking Signs or Markings............................... 6-60 iv Page Sec. 4. Permits for Loading or Unloading at an Angle to the Curb .................. 6-61 Sec. 5. Lamps on Parked Vehicles .............. 6-61 Article 15 . .............................................. 6-63 Stopping, Standing and Parking ............................ 6-63 Sec. 1. Stopping, Standing or Parking Outside 6-76 Sec. of Business or Residence Districts .... 6-63 Sec. 2. Officers Authorized to Remove Standing in Freight -Loading Zones ..... 6-72 Sec. Illegally Stopped Vehicles............ 6-63 Sec. 3. Stopping, Standing or Parking Except in Officially Designated Bus 6-79 Sec. Prohibited in Specified Places........ 6-64 Sec. 4. Parking not to Obstruct Traffic....... 6-66 Sec. 5. Parking in Alleys ..................... 6-67 Sec. 6. Parking for Certain Purposes Stops................................. 6-74 Prohibited ............................ 6-67 Sec. 7. Time -Limit Parking Zones .............. 6-67 Sec. 8. No -Parking Zones ...................... 6-68 Sec. 9. Parking Prohibited During Certain Hours................................. 6-68 Sec. 10. Parking Spaces; Required Parking Therein............................... 6-68 Sec. 11. Abandoned Cars.. ......................6-69 Sec. 12. Registered Owner's Responsibility; Registration Plate as Prima Facie Evidence as to Parking ................ 6-69 Sec. 13. Special Parking Privileges............ 6-69 Sec. 14. Stopping, Standing or Parking on Federal -Aid Highways .................. 6-70 Sec. 15. Selling on Highways Restricted........ 6-70 Article 16 . .............................................. 6-72 Stopping for Loading and Unloading Only ................... 6-72 Sec. 1. Standing in Passenger Loading and 6-76 Sec. 2. Unloading Zones ....................... 6-72 Sec. 2. Standing in Freight -Loading Zones ..... 6-72 Sec. 3. Buses Not Permitted to Stand or Park 6-78 Sec. 'S. Except in Officially Designated Bus 6-79 Sec. 6. Stop.................................. 6-74 Sec. 4. Other Vehicles Not to be Parked, Stopped or Permitted to Stand in Bus Stops................................. 6-74 Article 17 . .............................................. 6-76 Parking -Meter Zones ....................................... 6-76 Sec. I. Parking -Meter Zones ................... 6-76 Sec. 2. Installation of Parking Meters........ 6-76 Sec. 3. Parking -Meter Spaces .................. 6-78 Sec. 4. Deposit of Coins and Time Limits...... 6-78 Sec. 'S. Use of Slugs Prohibited ............... 6-79 Sec. 6. Tampering with Meter .................. 6-79 PA Article 18 . .............................................. 6-83 Equipment................................................. 6-83 Sec. 1. Ease Sec. 7. Application of Proceeds ............... 6-80 Sec. 8. Hours of Operation, Exceptions........ 6-80 Sec. 9. "Buying Out" of Parking -Meter Stalls..6-81 When Lighted Lamps are Required....... 6-84 A. Definitions ........................... 6-81 B. Unlawful to Occupy Parking -Meter ofLamps .............................. 6-84 Sec. Stalls without First Obtaining Permit.6-81 Headlamps on Motor Vehicles........... 6-85 C. Fees .................................. 6-81 D. Application for Permit; Required Reflectors ........6-87 Sec. Information; Department of Public Stop Lamps and Turn Signals........... 6-88 Sec. Works to Exercise its Discretion...... 6-82 E. Responsibility for Keeping Permit at Additional Lighting Equipment Required Job Site; Inspection by Authorized on Certain Vehicles ................... 6-89 Sec. Personnel............................. 6-82 F. Unlawful to Violate Terms of Permit ... 6-82 G. Penalties ............................. 6-82 Article 18 . .............................................. 6-83 Equipment................................................. 6-83 Sec. 1. Scope and Effect of Regulations....... 6-83 Sec. 2. Reconstructed, Specially Constructed and Hot Rod Vehicles .................. 6-83 Sec. 3. When Lighted Lamps are Required....... 6-84 Sec. 4. Visibility Distance and Mounted Height ofLamps .............................. 6-84 Sec. 5. Headlamps on Motor Vehicles........... 6-85 Sec. 6. Tail Lamps ............................ 6-86 Sec. 7. Reflectors ........6-87 Sec. 8. Stop Lamps and Turn Signals........... 6-88 Sec. 9. Application of Succeeding Sections.... 6-88 Sec. 10. Additional Lighting Equipment Required on Certain Vehicles ................... 6-89 Sec. 11. Color of Clearance Lamps, Identification Lamps, Side Marker Lamps, Back -Up Lamps and Reflectors .........6-91 Sec. 12. Mounting of Reflectors, Clearance Lamps and Side Marker Lamps........... 6-92 Sec. 13. Visibility Requirements for Reflectors, Clearance Lamps, Identification Lamps, and Marker Lamps ...................... 6-93 Sec. 14. Obstructed Lights Not Required........ 6-93 Sec. 15. Lamps or Flags on Projecting Load ..... 6-94 Sec. 16. Lamps on Parked Vehicles .............. 6-95 Sec. 17. Lamps on Farm Tractors, Farm Equipment and Implements of Husbandry........... 6-96 Sec. 18. Lamps on Other Vehicles and Equipment.6-98 Sec. 19. Spot Lamps and Auxiliary Lamps........ 6-99 Sec. 20. Audible and Visual Signals on Vehicles .............................. 6-100 Sec. 21. Signal Lamps and Signal Devices....... 6-101 Sec. 22. Additional Lighting Equipment......... 6-103 Sec. 23. Multiple -Beam Road -Lighting Equipment.6-104 Sec. 24. Use of Multiple -Beam Road -Lighting Equipment ............................. 6-105 vi Article 19 . ............................................. 6-135 Inspection of Vehicles ................................... Page Sec. 25. Single -Beam Road -Lighting Equipment..6-106 Sec. 26. Lighting Equipment on Motor -Driven 6-135 Sec. 3. Cycles ............................... 6-107 Sec. 27. Alternate Road -Lighting Equipment .... 6-108 Sec. 28. Number of Driving Lamps Required or 6-135 Sec. 5. Permitted ............................ 6-109 Sec. 29. Special Restrictions on Lamps........ 6-109 Sec. 30. Brake Equipment Required ............. 6-110 Sec. 31. Performance Ability of Brakes........ 6-118 Sec. 32. Maintenance of Brakes ................ 6-120 Sec. 33. Brakes on Motor -Driven Cycles........ 6-120 Sec. 34. Hydraulic Brake Fluid ................ 6-121 Sec. 35. Horns and Warning Devices............ 6-121 Sec. 36. Mufflers; Prevention of Noise........ 6-122 Sec. 37. Mirrors .............................. 6-124 Sec. 38. Windshields Must be Unobstructed and Equipped with Wipers ................. 6-124 Sec. 39. Windshields, Fenders and Bumpers Required on All Vehicles ............. 6-125 Sec. 40. Mudguards Required ................... 6-125 Sec. 41. Restrictions as to Tire Equipment .... 6-126 Sec. 42. Safety Glazing Material in Motor Vehicles ...........6-127 Sec. 43. Certain Vehicles to Carry Flares or Other Warning Devices ................ 6-128 Sec. 44. Display of Warning Devices when Vehicle Disabled . .................... 6-130 Sec. 45. Vehicles Transporting Explosives.....6-133 Sec. 46. Air -Conditioning Equipment........... 6-134 Article 19 . ............................................. 6-135 Inspection of Vehicles ................................... 6-135 Sec. 1. Designation of the Police Department.6-135 Sec. 2. Inspection of Vehicles ............... 6-135 Sec. 3. Inspection Fee ....................... 6-135 Sec. 4. Cost of Inspection Stickers and Vehicle Inspection Books ............. 6-135 Sec. 5. Appointment of Official Inspection Stations ............................. 6-135 Sec. 6. Operation of Official Inspection Stations ............................. 6-136 Sec. 7. Improper Representation as Official Inspection Station ................... 6-137 Sec. 3. False Certificates ................... 6-137 Article 20 . ............................................. 6-138 Penalties and Procedures ................................. 6-138 Sec. I. Summons and Procedures ............... 6-138 Sec. 2. Severability ......................... 6-138 Sec. 3. Penalties ............................ 6-138 vii CHAPTER 6 TRAFFIC CODE ARTICLE 1. General Provisions Sec. 1. TITLE This Chapter may be cited as the Traffic Code. Sec. 2. SCOPE AND APPLICABILITY The provisions hereinafter set forth are to provide for the regulation of traffic upon the public streets of the County of Hawaii and such private streets, highways and thoroughfares where for more than five (5) years have been continuously used by the general public and to repeal Ordinance No. 39 as amended as of October 26, 1970, and all other Ordinances and Sections of Ordinances in conflict herewith. Sec. 3. DEFINITIONS The following words and phrases when used in this code shall, for 'zhe purpose of this code, have the meanings respectivelv ascribed to them in this code, except when the context otherwise requires. Sec. 3.01 ALLEY A street or highway intended to provide access to the rear or side= of lots or buildings and not intended for the purpose of through vehicular traffic. 6-1 Sec. 3.02 ARTERIAL STREET Any U. S. or State numbered route, controlled access highway, or other major radial or circumferential street or highway forming a part of a major arterial system of streets or highway. Sec. 3.03 AUTHORIZED EMERGENCY VEHICLE Vehicles of the fire department, police vehicles while in the course of police work, and ambulances. Included also shall be such emergency vehicles as are designated or authorized by the County Council. Sec. 3.10 BICYCLE Every device propelled by human power upon which any person may ride, having two tandem wheels and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. Sec. 3.11 BUS Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. Sec. 3.12 BUSINESS DISTRICT The territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least three hundred feet of frontage 6-2 on one side or three hundred feet collectively on both sides of the highway. Sec. 3.20 CONTROLLED -ACCESS HIGHWAY Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. M E 4 -"'7- El", 10 01 c 3 �* 21 QOU!I�TY ' GINE � �� ai The Cl,iief Engirleer of t'hce,- Dep, rtm-en't of' Public V'i"orks, of �� . tlie C,o,unt,y o,f' H'z-i,,wa,3Ll,jh, Se c 3 # 22 CROSSWALK c t*A�cm "# T liz),t p a r t o, f a r, o zi y a t a n n, t, e, r se 1- o, n in cl u. d d f t° 1, �i.ines of the on oppos-i'''te. sl'lidclsi of tl,,,Ie Migh,vNiz.1y mc:1,asured" from the curb,s, or,, in,' the alu,sence,,of -th,( ;',l, tr a v e r s ca, b I tvv -c c:,�, d qc-,s o,f �e r o a id c s f �i 'na,'i t h e 3- C-1,"2.�r-;,(,;�,v,j,,I,-ielrr-,,, c r 0 S, S, 1,11, ig, 1), y li, ric,)s, or othe',:r, marl?,iLngs, on, t -,he surface,,, 01� 3 S 3 jO DISIT-11CT" , ec q, %ir:ays I -ity of Havv ll Olff the H2. T, T h, e Ch " e f n g, i neer i.n the Cou a, Di.v.i,saon o,. th-cs� De�,,-cjrt�t-�rirrvt o"f,' Y DIVIDEDmm err ,A to t%mvo ox more separate, r'oadtjvays by hl"gl,-ilmva-vy div,ided in m, e d ,l s, t r *1 p S, I A s *1 t u �, t i" j, I -i� , c-, x- - e u r i, f 'o r e s 0, n, u r i., e x, pc, c t c. 0 r sz Occurrences call f'or lmri.,,.,edl acti,on by the office,irrs, employees, or agent,s in ox,dt'er to preservie the publi,cl peace, heailth c),:r s;,af c-ty# S e, c. 3.,70 H I G,,ll'V"lAY 'll'i, e e n't 13., e w, :L, d, t h, b e, t e cl.n t 11, e b o uricl Ea r Y rl,cl s 0 f eve r Y open to ti -le b 1 c 1 y rn, ,alt tllie re-,,, of is ° -ml, vi, e rig a n, y Sec. 3.80 INTERSECTION The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a street or highway shall not constitute an intersection. Sec. 3.120 MOTOR VEHICLE Every vehicle which is self-propelled and every vehicle which is propelled by electric power but not operated upon rails. Sec. 3.121 MOTORCYCLE Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. Sec. 3.122 MOTORSCOOTER Every motor vehicle conforming to the definition of "motorcycle," including motor -driven bicycles, and propelled by a motor which produces not more than 5 horsepower. 6-5 Sec. 3.140 OFFICIAL ACT An act by a public officer, employee or agent of the County or State of Hawaii in his official capacity, under color of his title and by virtue of his office or position as prescribed or authorized by law. Sec. 3.141 OFFICIAL TRAFFIC -CONTROL DEVICES All signs, signals, markings and devices not inconsistent with this code placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. Sec. 3.142 OPERATOR OR DRIVER Every person who drives or is in actual physical control of a vehicle, or who is exercising control over or steering a vehicle being towed by a motor vehicle. Sec. 3.143 OWNER A person, other that a lien -holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. Sec. 3.150 PARK OR PARKING Means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. Sec. 3.151 PASSENGER CAR Every motor vehicle, except motorcycles and motor -driven cycles, designed and used for the transportation of persons. Mal Sec. 3.152 PEDESTRIAN Any person afoot, in an invalid chair, or in a vehicle propelled by a person afoot. Sec. 3.153 PERSON Every natural person, firm, copartnership, association or corporation. 6-7 Sec. 3. 154 POLE, Every, vehicle wi -L-hout inotivc) P10�11111111111)11 to b c, ,tow by aie-ans of a r(,�lach or polc.),, or by brc.,,,�jmg boome d, o, r o secured to t'he, -tawing vell,lcleb, am o2,-,-d':L,na,r.-. I i , - j., y us ed, f or # btr a n, sp,ai�- "tol,r�), g o r i. r r e `u 1a r-1 Y, s ha pc d I o; a d s such as, poles, pli,pes or struc-tural, mernbc-�rs ca,pcable, lgcnerbally, of' susza, 4, 41 th,emiscalves, as b,ea,,ii,,i,s betvv',een, the sli, fib p'ortb-img connections'., ' sc,", C 3 . 1, "1, 5 5, POLICE OFFICER Ever'y o f f i, al c,e, r aut h o --r- 1. 7, re d -L o, d c 't o r r, e cl at c.� t r a f fl* C, or to make arrc,?,sts f'or vlola,t].ons of traff,ic" 1,11 ClDlgul. ati ons. S e c 3.156 PRIVATE, R.OAD Oil,", DFIIVDV![�Y ay or, place I vat-r'x a,,nd usecl,, fo:,-r Ev, ar y vv c n, pri, o -i, e r a,, jb-,i, d, -t h o s e h e-zi v i rn g ex p:c, e, s, S, oma, r vehaculax travcl by 'the owi� 1 m 1 lin. the ov,(�br-it r bu-t, not by othcz,�YrN, persons. pl, ed prer tiia S, s 11, 0 IS e. C 3# 1�-,)7 PUBLIC li&LIDAYS I now; 41 f4l, lly pr o c 1 ,a 1 G sub,se,(,,pently sipcoca.i,l,cal imiec, -by the over ror o S Or 3, T '714 IC la 17 0 11 EC 0 1, C'TE D, VE ,Every velibi-clevi'Milch" :L, a te, l-r.' os� Trn, lally altereci fram-th-ca i, t tu t orli,g:L,,n,,a,l, clonstruction, by the r,eraovall add-i,, ion or sul,.)st,l 2- O'n, af lessc'mt2i-al parts, new or, used. Essential parts, aare all intani gra,ll. and body parts of a U L ITC -01,110val a typere d to 1''),c 0 1 v e ot , 0 ��f a 1 r,(- al-teraatao,n or st�ibstitutai'.on, of w1riaLcir"i vrv!aulcli tend to corlcc.,,,al. -th(:7.N *1 dran ti"t y o f tf-bibe vel-ia,cle 01"' Ell; U bst a, m"LaLzal 1. y call", - -n t s a- p pc c c 6-8 1 oII 17 1, DISTT,1dCT Th, e, t�crritory contiquous to and inclux,'],.img a, hilghwnty not comprising a busi,ness di,,st'rict vuhcl,ri the pj,,,-,,ope,r-ty on "1c a —qu art e r rri i� o r m o r,e IT S such highm".3y, f or ra dis,t,ance, of onc ovu. un 1 i, c- ^":. w,i' th denc,e,,s-, or n n, th c% m, m p.r cca s 1� d c n c es,, a d b u. 1, 1 n g, Fo% o r bu s Se, c j- 71T 0" 1'1,1AY' lo 172 R]"Cl, ,F The,' r 1 g ht of' one vehi"clo or pedest,rlan to, proceed in, a 1. awf u 1 Tri anner in prefe'rence "to ano,-tliex Vehi fc1e or pedestr"211".&In, approacning un,der, su,,c-h. circumstances, of di'r,ection, speed and prox:,I-m]`.,ty as to gi"Lvc� ris,,ca to d-!an1g(,,,)-r of coll's,"' 1 i-on unlcsis DIT C11, 1c ,c],encetYn, e r at n, t, s, pr� 1 1C VIE") TRAC1 )"B" Every irioto,r vehic1, dersligned and, for drz,"),''wirrig oth,,er -mt s-o cons-tructred as to -ca.,,z.-ry ainy 3 o ca d t Ive r C, o n, e "le,pendeln-t1y, or any"pa2A. of the ��,,,,,v,e*gh,t of veli.:Lcl.ea, , I -t h e r i n or load sc) drawn, So ic 174AD1O,,1,A'y Th at p o :T-ti. o n o f a h i g, h, viia, y I M P r (D v, ''e, cll d, e nar 1y u s ed f o, r . v e h i c u, 1 ar t 21-1 fci,, v e I e, x c J.u, s, i v e, o f the berm, o-r, �cs-,houldc�r. In the event a hi*ghway imc].,ucies, tvvol or more, roadways,,,, th,,e terrrn, "'roadt'vay", as use,d hfore*n fhe,--i,11, refer 'to any s,u,ch 1, 'S roadway but not to all such, roca,,dways collectivraly. F ZWRT`. I h ea r e a or sipa c e o f c y s P. aLho ,, in a r a d ��voij a y 'pi ,art w* f 0 r th c 1 c x c 1 us i, e, u s, e o f pc,� dc':.!ps, t r1a n d , a,n s, c h i Ics; P ro t e ct c d *1 c �-,axt ed b ��y a a� IL 0 1. fg, 1� S ai S to o r i, cs, s, o m a r k e d, o a.-, n, cl d cp s, 'r b, e pl ty zzi,' *1 n1 y v:'L fs, i., bl e t, I If. 1 t i v-�! 11-,1; *11 czs� s e t za- �J:)ajr t ill's a 151'allfc- ME Sec. 3.181 SCHOOL BUS Every motor vehicle that complies with the color and identification requirements specified by rules promulgated pursuant to chapter 91, Hawaii Revised Statutes, by the state highway safety coordinator and that is used to transport children to or from school or in connection with school activities but not including buses operated by common carriers in transportation of school children. Sec. 3.182 SEMI TRAILER Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Sec. 3.183 SIDEWALK That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. Sec. 3.184 SOLID TIRE Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the IC•FT0 Sec. 3.185 SPECIAL MOBILE EQUIPMENT Every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited 6-10 to: ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. Sec. 3.186 SPECIAL HAZARD VEHICLES Types of vehicles which are engaged in activities which create special hazards upon the highways including highway maintenance vehicles used by highway authorities when working on the highway, public utility vehicles when necessarily parked other than adjacent to the curb in a highway for purposes of working on facilities, trucks actually engaged in the towing of houses or buildings, any pilot car required by permit issued by highway authorities while actually engaged in the movement of extra legal -size vehicles or loads, tow cars while preparing a vehicle for towing and while towing a disabled vehicle, vehicles used for mosquito abatement control when dispersing insecticides and other vehicles creating special hazards which may be designated by the Chief of Police. 6-11 Sec. 3.187 SPECIALLY CONSTRUCTED VEHICLE Every vehicle of a type required to be registered and not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction. Sec. 3.188 STAND OR STANDING Means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. Sec. 3.189 STOP When required means complete cessation from movement. Sec. 3.1890 STOP OR STOPPING when prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic -control sign or signal. Sec. 3.1891 STREET The entire width between boundary lines of every way publicly maintained when any party thereof is open to the use of the public for purposes of vehicular travel. Sec. 3.190 TAXICAB A chauffeur driven vehicle other than a bus or tour vehicle, available for hire and/or while carrying passengers for a fare. 6-12 Sec. 3.191 THROUGH HIGHWAY Every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right of way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic control device, when such signs or devices are erected as provided by law. Sec. 3.192 TOUR VEHICLE A chauffeur driven passenger vehicle other than a bus operated for the principal purpose of sight-seeing tours. Sec. 3.193 TRAFFIC Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel. Sec. 3.194 TRAFFIC -CONTROL SIGNAL Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. Sec. 3.195 TRAILER Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Sec. 3.196 TRUCK Every motor vehicle designed, used or maintained primarily for the transportation of property. 6-13 Sec. 3.197 TRUCK TRACTOR Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Sec. 3.198 VEHICLE Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. Sec. 4. TRAFFIC ADMINISTRATION Sec. 4.01 COUNTY COUNCIL TO EXERCISE CERTAIN FUNCTIONS BY ORDINANCES The Council shall by ordinance: A. Determine and designate the type of all official traffic control devices; provided, such official control devices shall, with respect to size, shape and color, be uniform, shall correlate with and conform to, the system then current, as approved by the American Association of State Highway Officials. B. Create, define, redefine, eliminate or change all safety zones, quiet zones, crosswalks other than at intersections, freight and passenger loading and unloading zones, no -parking zones, time -limit parking zones, U-turn areas, prohibited U-turn areas, prohibited left and 6n[I right turns, one-way streets, through streets, stop intersections, roadways closed to pedestrian traffic, and roadways closed to certain classes of vehicles. Sec. 4.02 TRAFFIC ENGINEER Subject to Section 4.01 of this article, the Chief Engineer is hereby authorized, and as to those devices, signs, signals and markings required for the purpose of traffic control, it shall be his duty to place and maintain or cause to be placed and maintained all official traffic control devices, signs, signals and markings, and subject to said Sec. 4.01 of this article, the District Engineer shall, on State maintained highways, place and maintain official traffic control devices, signs, signals and markings consistent with standards approved by the American Association of State Highway Officials, All devices, signs, signals and markings required for the purpose of traffic control shall be uniform as to type and location throughout the county. Sec. 4.03 CHIEF OF POLICE IN EMERGENCY AND EXPERIMENTAL REGULATIONS A. The Chief of Police is hereby empowered to make regulations necessary to make effective the provisions of the traffic code of the County of Hawaii and to make and enforce temporary or experimental regulations to cover emergencies or special conditions, and to post signs pertaining 6-15 thereto. No such temporary or experimental regulation shall remain in effect for more than 90 days. B. The Department of Police and the Department of Public works of the County of Hawaii may test traffic -control devices under actual conditions of traffic. Sec. 5. ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS Sec. 5.01 It shall be the duty of the officers of the police department of such officers as are assigned by the Chief of Police to enforce all street traffic laws of this County and all of the State vehicle laws applicable to street traffic in this county. Sec. 5.02 Officers of the police department of such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand or signal in conformance with the traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. Sec. 5.03 Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. Sec. 6. REQUIRED OBEDIENCE TO TRAFFIC LAWS Any person doing any act forbidden by this code or failing to perform any act required by this code shall be punished as provided in Section 3 of Article 20, hereof. Sec. 7. OBEDIENCE TO POLICE AND FIRE OFFICIALS No person shall fail to comply with any lawful order or direction of a police officer or fire department official. Sec. 8. USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES PROHIBITED No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. Sec. 9. PUBLIC EMPLOYEES TO OBEY TRAFFIC CODE The provisions of this code shall apply to the operator of any vehicle owned by or used in the service of the United States Government, the State of Hawaii, or the County of Hawaii, and it shall be unlawful for any driver or operator of any government vehicle to violate any of the provisions of this code, except as otherwise permitted by this code, or by Federal or State law. Sec. 10. AUTHORIZED EMERGENCY AND SPECIAL HAZARD VEHICLES A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in 6-17 the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. B. The driver of an authorized emergency vehicle may: 1. Park or stand, irrespective of the provisions of this code; 2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; 3-9 Ti"l, rlll, g Exicced th,(,�l m( xill,r slDiced 1, 00, bs 1'ie o, le, s'. no el ncla n,g,r,,) r 1 a., f le ox pi"ll, t,y 7 rcIc I r C�,� c t 1 10 1*11, ,,Il�gulations governi.ng ic, i o f or turri]_nE g, :Ln �s pelc'J.'f-l' i rxi, clire c t I oins, n cl to an alu U .1 C* The exeiiiptims here"JLn 91.l eli-,i,rile,rgency vle-hi-cle sI'iall apply only whcri such, vehi,,,_c1e inalka.,nig use of aucli,blcl or v,2*1_,,su,,a]., sign"als 'the relq,u1:r,,,e!n.entss of thas, cordxe, c-'XIcept that,, an eT,,i-,re,rg,c,,1,n,cy vehi'cle opc rl a t,,ed aus a po i c e 1pcA wi-th a I mfz,,c1 iriut be eoij," -:c, d's,p]-ayl a, vel, 11.c1( -..i J biuca,l light viLs"I"'ble Ofrcr1ra "n, f,'I'lor-it, o -I' the. vehicle., D 9,0 1 1 C�j Pr V IS50 h al J., n o, -L, Ir e 1 tlh e Th. e f o r e s 1 I&V c 'Le c rll h , . le n a r z Fe,,,cl ri"i e -r oe n c vc�l h, *1 ic lea I..,r d r,3_ v er c, f a 1,illlte v, itli c",ule i-egard f or thrz,., saf C.ty Of duty to cl:r . .. .. ...... . cYr sha] s . ... . . . . I sluich, pirowiior,1111,1S. Protect a 1 pe,ni, Ilk 'the drilve,r from th-cs,'t cot�) ci,cz,,,rirn,c,es lo,f M s T u I% B I* Thc operall-or of' a, hzzard' vehli Icl e m a y Hill dri"VC!, or, park saiid vchl.''cle contrai,7y 'to the r'),,-roVIS10171's o n io 7r 1, r t, 112" S, CIO e wh e n su c h operat2 rk ess,ei-i-t-lad to public o,th er use,rs, of tii,e 1-iighways. ARTICLE 2. Traffic Control Devices Sec. 1. TRAFFIC CONTROL DEVICES The following are hereby established and designated as traffic -control devices: A. REGULATORY SIGNS 1. Stop - Stop signs shall be octagonal in shape, shall have a red background and shall carry the word STOP in reflectorized white letters at least one-third the height of the sign. Its dimensions shall be not less than 24 inches by 24 inches. 2. Yield - The yield sign shall be an equilateral triangle with one point downward, having a black legend on a reflectorized yellow background. The sides of the triangle shall have a standard and minimum length of 30 inches. 3. Parking and Stopping - Signs governing parking, bus stops, passenger and freight loading, etc., shall be rectangular in shape and mounted vertically, and not less than 12 inches by 18 inches. Prohibitive signs shall contain a red legend not less than 1-1/2 inches in height on a white background and permissive signs shall contain a green legend not less than 1-1/2 inches in height on a white background. =411 4. Speed limit, minimum speed, speed zone ahead, speed zone, turn prohibition, lane use control, do not pass, pass with care, slower traffic keep right, keep right, one way, reversible flow, periodic one way, walk on left, do not cross, keep off median, road closed, local traffic only, weight limit, and all other regulatory signs shall be rectangular in shape with black and/or red lettering on a white background. S. WARNING SIGNS 1. Advisory speed limit signs shall be square, not less than 18 inches by 18 inches, with black lettering on a yellow reflectorized background. 2. Turn, curve, reverse turn, reverse curve, winding road, large arrow, cross road, side road, T symbol, Y symbol, stop ahead, yield ahead, signal ahead, merging traffic, pavement - width transition, road narrows, narrow bridge, divided highway, hill, bump, dip, pavement ends, soft shoulder, slippery when wet, school, crossings, double arrow, low clearance, and all other warning signs shall be diamond shaped and not less than 24 inches by 24 inches with black lettering on a yellow background. 6-21 C. MARKINGS 1. Center, no passing, double, safety zone, pavement -width transition, parking space, and all lines running parallel to the pavement edge shall be at least 4 inches in width. Safety zones shall be designated by a line running parallel to the pavement edge and said line shall be at least 8 inches in width. 2. Channelizing, turn symbol, stop, crosswalk, word and symbol, and all other lines running at right angles to the pavement edge shall be at least 8 inches in width. 3. Curb markings shall cover the face and top of curbs. 4. All lines or markings shall be painted as follows: a. Lines delineating the separation of traffic flows in opposing direction shall be yellow or white. The traffic engineer of the County of Hawaii and the district engineer of the Department of Transportation, State of Hawaii, are authorized to convert all white lines delineating the separation of traffic flows in opposing directions to yellow lines. b. Lines delineating the separation of traffic flows in the same direction shall be white. C:W'YA C. Other lines and markings shall be white in color, except for the following which shall be yellow: (1) Pavement -width transitions. (2) Approaches to obstructions which must be passed on the right. (3) Curb markings to show parking prohibition and on islands in the line of traffic. 6-23 ARTICLE 3. Driving On Right Side of Roadway - Overtaking and Passing - Use of Roadway SEC. 1. NO -PASSING ZONES A. The County Engineer and District Engineer are hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate such zones and when signs or markings are in place and visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof. B. A no -passing zone shall be designated by a sign placed at the edge of the roadway at the beginning and at the end of such zone or by a solid yellow line placed as the right-hand element of a combination line along the center line. 6-24 C. Whore such signs or markings are in place to define a no -passing zone, no driver shall at any time drive on the left side of any pavement striping designed to mark such no -passing zone throughout its length except when making a left turn. D. Determination for no -passing at curves and signs and markings designating no -passing zones shall be in accordance with Sections 2B-7, 213-8, 2B-9, 213-10, 1B-21 and 1B-22 of the "Manual of Uniform Traffic Control Devices for Streets and Highways" published by the U. S. Department of Commerce, Fureau of Public Roads, dated June 1961, which sections are hereby adopted by reference and made a part hereof.. Three copies of said sections of "Manual on Uniform Traffic Control Devices for Streets and Highways" shall he kept on file and be available for public inspection in the. County Clerk's Office. E. Where the width of winding or hilly roads is less than 18 feet, the County Engineer and District Engineer are authorized to use advisory and warning signs indicating the winding or hilly condition of the route and the narrowness of the road instead of. standard signs and markings for no passing zones required under subsection D above. These warning and advisory signs shall be placed aL the beginning 6-25 of the winding or hilly road and at intervals of not more than two (2) miles. Standard broken center line may be used on these narrow roads as a guide line for motorists. 6-26 ARTICLE 4. Right of Wav SEC. 1. OPERATION OF VEHICLES OF APPROACH OF AUTHORIZED EMERGENCY VEHICLES A. Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of Sec. 20 of Article 18 of this code: 1. The driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the nearest edge or curb of the roadway lawfully available and clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. B. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. 6-27 ARTICLE 5. Use and Maintenance of Golf Carts and Golf Course Maintenance Vehicles Upon Public Thoroughfares SEC. 1. DEFINITIONS A. COUNTY The County of Hawaii. B. GOLF CART A vehicle designed or used primarily for the transporting of persons and golfing equipment upon a golf course. C. GOLF COURSE MAINTENANCE VEHICLE A vehicle designed and adapted exclusively for agricultural or lawn maintenance purposes, not subject to registration if used upon the public thoroughfare, which is used or operated for the maintenance of a golf course. D. GOLF CART CROSSING That part of the route of the golf cart pathway which intersects the public thoroughfare. E. PUBLIC THOROUGHFARE Any public street, highway, sidewalk, bridge, alley, road, square, or land owned or maintained by County. SEC. 2. PROHIBITION No person shall use or operate a golf cart of golf course maintenance vehicle on, upon or across a public thoroughfare except as hereinafter provided. ME SEC. 3. RESTRICTIONS No golf cart or golf course maintenance vehicle shall be driven upon any public thoroughfare: A. Except to cross the public thoroughfare at established golf cart crossings; B. By any person whose age is less than thirteen (13) years, provided, in addition to this restriction, that the owner or operator of the golf course shall be responsible for the capability of the driver permitted to operate a golf cart or golf course maintenance vehicle; C. After sunset and before sunrise; D. Carrying more persons than the seating capacity of the golf cart or golf course maintenance vehicle. SEC. 4. CONDITIONS OF GOLF CART CROSSINGS Each golf cart crossing shall: A. Be posted with a sign located not more than twenty (20) feet from the public thoroughfare with lettering not less than three (3) inches high and shall read: STOP - YOU WILL CROSS A PUBLIC HIGHWAY - PROCEED WITH CAUTION; B. Approach the public thoroughfare at right angle; C. Have sufficient sight distance in both directions of the public thoroughfare to permit the golf cart or golf course maintenance vehicle to cross with safety. 6-29 SEC. 5. NON -RESPONSIBILITY OF COUNTY Neither the County of Hawaii nor any department, board, commission, officer or employee thereof shall be held liable or responsible for any damage, injury, or death resulting from the approval of any golf course plan or inspection of any work made under any ordinance of the County. SEC. 6. INDEMNIFICATION BY OWNER The owner or operator of a golf course which permits golf carts or golf course maintenance vehicles to be driven upon the public thoroughfare shall save harmless and indemnify the County of Hawaii for all loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever, by reason of any injury to person or property, including damage to road foundation, surface or structures, resulting from the operation of such vehicles upon the public thoroughfare. The County shall notify such owner or operator or his representative within 60 days after the presentation of any claim or demand, either by suit or otherwise, made against the County on account of the operation of golf carts or golf course maintenance vehicles upon the public thoroughfare. SEC. 7. BOND REQUIREMENTS The owner and operator of a golf course which permits golf carts or golf course maintenance vehicles to be driven 6-30 upon the public thoroughfare shall file with the Department of Public Works of County a continuing bond in the penal sum of $300,000.00 issued by the said owner or operator and a surety company to be approved by the County Corporation Counsel and conditioned for the faithful observance of this Article and any and all amendments thereto, which shall indemnify and save harmless County from any and all damages, judgments, costs or expenses which County may incur or suffer by reason of the operation or use of such vehicles upon the public thoroughfare. A liability insurance policy issued by an insurance company authorized to do business in the State of Hawaii conforming to this section may be permitted in lieu of a bond. SEC. 8. PENALTIES Any person, firm or corporation violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $250.00. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as hereunder. SEC. 9. APPLICATION This Article is not to be construed to mean that the County of Hawaii may not require golf course developers to build overpasses or underpasses across public rights of way. 6-31 ARTICLE 6. Turning and Starting and Signals On Stopping and Turning SEC. 1. LIMITATIONS ON TURNING AROUND A. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction (make a U-turn) upon any street in the business district, or at any intersection where traffic is controlled by traffic signal lights during the hours between 6:00 a.m. to midnight of each day. However, when official signs or markings are installed giving notice thereof, U-turns shall be allowed in areas designated by an ordinance of the County Council. B. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic. C. The driver of any vehicle shall not turn so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet. D. The following are hereby established and designated as U-turn areas and shall be effective when appropriate signs giving notice thereof are erected: =- FA U-TURN AREAS 1. Intersection of Kamehameha Avenue and Shipman Street. 2. Intersection of Mamane Street and Kahili Street in Honokaa. 3. Intersection of Lihiwai Street and Liholiho Street. 4. Mamalahoa Highway in the vicinity of the Aloha Theater in Kainaliu, Kona. 5. Within Kaahumanu Square, Kailua-Kona, Hawaii. 6. In front of the Keaau Police Station. E. The following are hereby established and designated as prohibited U-turn areas and shall be effective when appropriate signs or markings giving notice thereof are erected or placed: PROHIBITED U-TURN AREAS 1. Intersection of Mamane Street and Ohelo Street in Honokaa. 2. Intersection of Mamane Street and Lehua Street in Honokaa. SEC. 2. PROHIBITED LEFT AND RIGHT TURNS A. When official traffic signs are posted giving notice thereof, no driver of a vehicle shall make a left or right turn. For the provisions of this paragraph, the Chief of Police may place or erect signs of a temporary nature during peak traffic hours at any intersection or driveway he may deem to be congested. 6-33 B. The following are hereby established and designated as prohibited left turn areas: PROHIBITED LEFT TURNS 1. Mamalahoa Highway in Paauilo where it merges with the Hawaii Belt Road [Proj. DF -019-2(5)]. 2. Kamehameha Avenue at Manono Street for Hamakua bound traffic except on the green arrow or at the direction of a police officer. 3. Old 01aa-Pahoa Road into Mamalahoa Highway in Keaau, opposite the Keaau Service Station. 4. Keawe Street at Kalakaua Street for Puna -bound traffic from 9:00 a.m. to 5:00 p.m. daily except Sundays and holidays. 5. Kilauea Avenue for south (Puna) bound traffic Between Hualalai Street and Pauahi Street. C. The following are hereby established and designated as prohibited right turn areas: PROHIBITED RIGHT TURNS 1. When traffic signal indicates red on Manono Street into Kamehameha Avenue. 6-34 ARTICLE 7. Stop Signs and Yield Signs SEC. 1. STOP SIGNS AND YIELD SIGNS A. Except when directed to proceed by a police officer or traffic -control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the inter- secting roadway before entering the intersection. B. The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. C. The intersections described in Schedule 1 attached hereto and made a part hereof are hereby established and designated as stop intersections and shall be effective when appropriate signs giving notice thereof are erected. 6-35 SEC. 2. OVERTAKING AND PASSING SCHOOL BUS A. The driver of any vehicle upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children and displays a flashing red signal meeting the requirements of Section 20 of Article 18 hereof, shall bring such vehicle to a stop before passing the school bus and shall not proceed past the school bus until the red flashing signal ceases operation. B. It shall be the responsibility of the driver of every school bus used for the transportation of school children to operate said red lights continuously while children are crossing to or from the school bus or at any other time when passing traffic is considered hazardous for the children. These lights need not be operated when children are not to cross the roadway, and shall not be operated when the school bus is stopped in a bus loading zone, place where traffic is controlled by a traffic officer or official traffic control signal, and while the bus is in motion. C. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is upon the other roadway. 6-36 D, Every school bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "SCHOOL EUS" in letters not less than 8 inches in height and in strokes not less than 1/2 inch in width, and the words "STOP ON FL_=,SIi ING RED LIGRT" in letters not less than 6 inches in height and in strokes of not less than 1/2 inch in width. SEC. 3. SIGNS R70UIRED AT THROUGH STREETS A. Whenever any jade of this County designates and describes a through street or stop intersection, it shall be t'ne duty of the County and/or Chief Engineer to place and maintain, stop and/or yield signs on each and every street intersecting such through street and at every stop intersection unless traffic at any such intersection is controlled at all times by traffic -controlled signals. The Highway Safety Council may recommend when said yield signs may be substituted for stop signs. H. The streets as described -n Sched,:le 2, attached hereto and made a part hereof, are hereby establish:d and designated as through streets. SEC. 4. VEHICLE. ENTERING STOP INTERSECTION Except when directed to proceed by a police officer or traffic -control signal, every driver of a vehicle approaching 6-37 a stop intersection indicated by a stop sign shall stop as required by Sec. 1 of Article 7 hereof, and after having stopped shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection. SEC. 5. VEHICLE ENTERING YIELD INTERSECTION The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and shall yield the right of way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection; provided, however, that if such a driver is involved in a collision with a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right of way. SEC. 6, STOP WHEN TRAFFIC OBSTRUCTED No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, despite any traffic -control signal indication to proceed. LIM SEC. 7. TURN RIGHT ANYTIME WITH CAUTION INTERSECTIONS A. When official TURN RIGHT ANYTIME WITH CAUTION signs are erected at any intersection, the driver of a vehicle may make a right turn movement without coming to a stop provided such movement is made with proper care to avoid an accident. B. The intersections described in Schedule 3 attached hereto and made a part hereof are hereby established and designated as "Turn Right Anytime with Caution" intersections and shall be effective when appropriate signs giving notice thereof are erected. 6-39 ►.:ywto0�0 Speed SEC. 1. MAXIMUM SPEED LIMIT No person shall drive a vehicle upon a highway at a speed greater than 50 miles per hour. SEC. 2. BASIC SPEED LAW Subject to the limitations set forth in Sec. 1 hereof, no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent under the conditions then existing. SEC. 3. SPEED LAW VIOLATIONS A. The speed of any vehicle upon a highway not in excess of the limits specified in Sections 4 and 5 hereof or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law. B. The speed of any vehicle upon a highway in excess of the prima facie speed limits in Sections 4 and 5 hereof or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing. 6-40 SEC. 4. PRIMA FACIE SPEED LIMITS The following prima facie speed limits shall be in effect except where a special speed limit has been enacted. A. TWENTY-FIVE MILES PER HOUR 1. When passing a school site or the grounds thereof, In which are contiguous to, or located in close proximity to, the highway and posted with a standard "School" warning sign while children are going to be leaving such school during opening or closing hours. Such prima facie limit shall also apply during school recesses when passing any school grounds which are not separated from the highway by a fence or other physical barrier capable of restraining a child, while the grounds within seventy-five feet of the highway are in use by children and the highway is posted with a standard "School" warning sign. 2. In a residential district except for the streets In in South Hilo as described in Schedule 4. B. THIRTY MILES PER HOUR In a business district. C. THIRTY-FIVE MILES PER HOUR D. FIFTY-FIVE MILES PER HOUR On all highways unless otherwise specified by this code. 6-41 SEC. 5. SPECIAL SPEED LIMITS The following prima facie speed limits as described in Schedule 5, attached hereto and made a part hereof, shall be effective when appropriate signs giving notice thereof are erected. SEC. 6. MINIMUM SPEED REGULATION A. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. B. When a speed limit is set at 40 or more miles per hour, the driver of a vehicle proceeding on such highway shall not operate his vehicle at a speed less than 15 miles per hour below the posted speed limit whenever practicable except when necessary for safe operation. 6-42 ARTICLE 9. Due Care SEC. 1. DUE CARE Every operator of a motor vehicle shall exercise due care in the operation of such vehicle upon any street or highway so as to avoid endangering any person, vehicle or property on or off such street or highway. 6-43 ARTICLE 10. One -Way Streets SEC. 1. ONE-WAY STREETS A. The streets as described in Schedule 6, attached hereto and made a part hereof, or portions thereof are designated and shall be sign -posted as one-way streets to be traveled upon only in the direction indicated. =111 ARTICLE 11. Miscellaneous Rules SEC. 1. PUTTING GLASS, ETC., ON HIGHWAY PROHIBITED A. No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway. B. Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed. C. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. SEC. 2. SPILLING LITTER ON HIGHWAYS PROHIBITED A. For the purposes of this section, the word "litter" shall be defined to mean all waste material including, without limiting the generality thereof, all animal and vegetable wastes, and all other solid wastes such as dirt, ashes, street cleanings, dead animals or parts thereof, market and industrial wastes, bagasse, cane trash, paper, wrappings, cigarettes, cardboards, tin cans, yard clippings, leaves, wood, tree trimmings, glass, bedding, crockery, furniture, appliances, scrap metal and all other waste materials commonly or ordinarily regarded as being garbage, 6-45 rubbish, refuse, trash, swill and all materials used in the construction industry, including but not limited to sand, gravel, stones, rocks, and which, if allowed to be deposited or to accumulate upon the public highways, would tend to create a danger to the health, safety, welfare and general well being of the public. B. No vehicle transporting a load of litter shall be driven or moved on any highway unless such load is adequately and securely contained so as to prevent the contents of said load from dropping, sifting, leaking or otherwise escaping from the vehicle. For the purposes of this section, a load is adequately and securely contained only if it is put into a sealed bag, box or other container, or if it is otherwise completely enclosed by a tarpaulin or like covering; provided, that said container or covering is sufficient to prevent the contents of said load from dropping, sifting, leaking, or otherwise escaping from the vehicle transporting it; and provided, further, that said container or covering is securely fastened so as to prevent it from becoming loose, detached or otherwise escaping from said vehicle. C. The provisions of the above section shall not apply to any person who has provided for the pick-up 6-46 of litter which may drop, sift, leak or otherwise escape from an uncontained vehicle. The pick-up must be accomplished during the time the uncontained vehicle is in transit or immediately thereafter by gleaners following said uncontained vehicle within a reasonable distance. All pick-up vehicles shall be equipped with four-way flashers which shall be in use while said vehicles are in operation, and all gleaners shall be required to wear orange reflectorized safety vests. SEC. 3. TRACKING MUD OR OTHER MATERIAL ON HIGHWAY PROHIBITED No vehicle using the public highway shall track mud or dirt or other material onto the traveled portion of such highway in such quantities as will constitute a hazard, or obscure the painted pavement markings thereon. In the event that mud or dirt is unavoidably tracked onto the highway, it shall be the duty of the operator of the offending vehicle tc have said mud or dirt removed immediately. SEC. 4. IMPROPER USE OF ROADS It shall be unlawful to operate any vehicle upon any street or highway in such a manner that the parts of the vehicle, or the load carried thereon, shall damage the road. For the purpose of this section, "damage to the road" shall be defined as such effect on the road or structures as will 6-47 impair the riding qualities of the road, or require repairs in order that the anticipated life of the road or structure may not be decreased. SEC. 5. DUAL -WHEELED VEHICLES, OPERATION Vehicles having two or more wheels on each end of an axle shall not be moved on any public highway when rocks or any foreign materials which might be hazardous to traffic are embedded between said wheels on the moving vehicles. SEC. 6. RESTRICTED USE OF HIGHWAYS BY CERTAIN VEHICLES A. The use of certain streets by certain classes of vehicles may be restricted as designated by ordinance of the County Council, and appropriate signs shall be posted giving notice thereof. B. The following classes of vehicles are hereby precluded from the use of the streets designated thereunder when appropriate signs giving notice thereof are erected: VEHICLE WITH A CAPACITY OF THREE-QUARTERS OF A TON OR OVER 1. Pakalana Street between Lehua Street and Kukui Street in a northerly direction except that any vehicle equipped with safety brakes consisting of an automatic spring that will actuate the brakes when the air pressure drops below 60 pounds per square inch may be operated during the hours when Honokaa High and Elementary School is not in session. All vehicles equipped with safety brakes shall first be checked and approved by the Chief Engineer of the Department of Public Works before they are operated on said street. The approval of the Chief Engineer shall be valid for a period of three months. 2. Waipio Valley Road in [Iamakua from the top of the lookout to the bottom of the valley, restricted to four-wheel drive vehicles only. SEC. 7. TOWED VEHICLES A. When one vehicle is towing another, the drawbar or other emergency connection shall be of sufficient strength to pull all weight towed thereby. B. No person shall operate a train of vehicles when any trailer, semi -trailer, or other vehicle being towed whips or swerves from side to side dangerously or unreasonably or fails to follow substantially in the path of the towing vehicle. SEC. 8. REGULATIONS GOVERNING TRAFFIC DURING PROCESSIONS, PARADES AND FUNERALS A. No person shall drive a vehicle between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as by law required. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers. B. No funeral procession, or parade that impedes the normal flow of traffic excepting the forces of the United States Army or Navy, the military forces of this state, and the fcrces of the police and fire departments, shall occupy, march, or proceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply. 6-49 C. A funeral composed of a prccession of vehicles shall be identified as such by the display of lighted headlamps on each vehicle. Each driver in a funeral or other procession shall drive as near to the right- hand edge of the roadway as practicable and follow the vehicle ahead as closely as is practicable and safe. SEC. 9. UNLAWFUL RIDING A. No person shall ride nor shall any driver of any vehicle permit riding on any portion of a vehicle not designated or intended for the use of passengers. This provision shall not apply to employees engaged in the necessary discharge of duty or to persons riding entirely within truck bodies in space intended for merchandise. B. No passenger shall ride nor shall any driver permit riding upon any vehicle in such a manner so as to allow any part of his body to extend over the front, rear, or side of said vehicle. SEC. 10. OBSTRUCTION OF INTERSECTION A. No hedge, shrubbery, fence or similar obstruction shall be maintained or permitted within a radius of thirty feet from the intersection of property lines at the corners of any street or .highway intersection when any point on such obstruction within the said radius extends to a greater height than three feet above the nearest edge of the roadway of the abutting street. i -M B. The Chief of Police shall cause a notice to be served upon the owner or occupant of all property where violations of this section exist, to remove such obstruction within one week from the service of such notice. C. If the obstruction is not removed, or its removal is not commenced and diligently prosecuted within the given time, the Chief of Police shall forthwith notify the County Engineer of the Department of Public Works of said obstruction and it shall be the duty of the Department of Public Works to remove said obstructions. All costs, sustained or incurred in the course of so removing the obstruction shall be paid by the owner, lessee, or person in control of the obstruction, and the County may institute action to recover the costs and expenses for the removal of same. SEC. 11. USE OF LOUD SPEAKER OR MEGAPHONE ON MOVING VEHICLES PROHIBITED A. No operator of a motor vehicle shall operate, manipulate, or use a loud speaker or megaphone when said vehicle is in motion. B. The provisions of this section shall not apply to the driver of an authorized emergency vehicle operating during an emergency, or to a police officer in the performance of his duty, or to the passenger of a vehicle other than the driver thereof. Emergency 6-51 vehicles when operating under the exceptions specified in this section, shall drive at all times with due caution and care with respect to the safety of others. SEC. 12. LOUD SPEAKER AND MEGAPHONE REGULATED A. As used in this section, loud speaker or megaphone shall mean and include any magnifying sound instrument or device used in the production or reproduction of music, spoken words or other sounds, or other sound amplifying device designed to enlarge the volume of sound produced by any instrument or by the human voice, which instrument or device is used for the purpose of advertising or calling attention to any article, thing, or event, or for the purpose of addressing the public or of attracting the attention of the public; provided that these terms shall not include the following: 1. Amplifying device within sight-seeing cars, busses, motor coaches, or other similar vehicles, designed primarily to address passengers within such vehicles, and the sound therefrom primarily confined within the body of such vehicles. 2. Radios and phonographs within the body of any vehicle designed for person within the vehicle, and the sound therefrom primarily confined within the body of such vehicle. 6-52 3. Amplifying devices on all authorized emergency vehicles. B. No person shall operate any loud speaker or megaphone from any vehicle on any street or highway on Sundays, or between the hours of 6:00 o'clock p.m. and 2:00 o'clock p.m. in any other day of the week. C. The Chief of Police or his authorized representative may issue permits for the use of a loud speaker or megaphone from any vehicle in a parade or motorcade conducted within the period from 6:00 o'clock p.m. to 2:00 o'clock p.m. In no event shall he issue a permit for the use of a megaphone or loud speaker on Sundays. SEC. 13. WARNING SIGNS REQUIRED FOR THE PROTECTION OF WORKING MEN It shall be unlawful for any person or persons to work upon that portion of any highway devoted to vehicular traffic, or for any governmental department, corporation, firm, association, estate, or individual to permit any person or persons to so work, unless there shall be placed in the center of the highway, or on the side of the roadway, if work is done immediately adjacent to said roadway, suitable signs with black letters not less than four inches in height on a yellow field carrying the warning, "MEN WORKING." Such signs are to be placed no less than two hundred feet nor more than six hundred feet on both approaches to the place where any such person or persons is so working; provided, however, that between 9 6-53 one-half hour after sunset and one-half hour before sunrise, there shall be required on any such sign a properly lighted lantern or lamp. SEC. 14. WARNING SIGNS REQUIRED FOR LIVESTOCK MOVEMENT Any person who drives or herds any livestock across a public highway shall place warning signs adjacent to said public highway. Said signs shall be diamond shaped with thirty inch sides and 900 interior angles, with black lettering not less than four inches in height on a yellow field reading, "LIVESTOCK CROSSING." Said signs shall be posted immediately before and removed immediately after the livestock cross the highway. In areas where the speed limit is more than 35 miles per hour, said signs shall be posted 500 feet from the crossing point on each approach except when the crossing point is clearly visible within said distance. In areas where the speed limit is 35 miles per hour or less, said signs shall be posted 250 feet from the crossing point on each approach except when the crossing point is clearly visible within said distance. SEC. 15. FLEEING FROM POLICE OFFICER No operator of a vehicle, after having received a visual or audible signal from a traffic officer, or police vehicle, shall knowingly flee or attempt to elude any traffic officer by wilful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle, or the traffic officer or other vehicles or pedestrians, nor shall 6-54 he increase the speed of his vehicle or extinguish the lights of his vehicle in an attempt to elude or flee. SEC. 16. SLOW MOVING VEHICLES - REQUIREMENT OF EMBLEMS A. All machinery including all road construction machinery except when guarded by flagmen or flares, designed to operate at 25 MPH or less, hereinafter referred to as slow moving vehicles, travelling on a public highway where permitted by law during day or night, shall display a triangular slow moving vehicle emblem on the rear of the vehicle. Registered or legal owners of such vehicles shall use emblems, as developed by the American Society of Agricultural Engineers and printed in ASAE Standard; ASAE 5276.1, for the purpose of identifying slow moving vehicles. The emblem shall be mounted on the rear of the vehicle, base down, and at a height of not less than 2 feet nor more than 6 feet from ground to base. B. The display or use of such emblem as required by this section shall be in addition to any lighting devices required by law. C. The display or use of this emblem shall be restricted to the display or use specified by this section and its display or use by any other type of vehicles or as a clearance marker on wide machinery or any stationary objects on the highway is prohibited. G55 D. Slow moving vehicles operated on any roadway open to public travel shall be driven in the right-hand lane, or as close as practicable to the right-hand curb or edge of the roadway, except for a distance not to exceed 1,000 feet when preparing for a left turn at an intersection or into a private road or driveway. 6-56 ARTICLE 12. Pedestrians Rights and Duties SEC. 1. PEDESTRIANS' RIGHT-OF-WAY IN CROSSWALKS A. The following streets, described in Schedule 7 attached hereto and made a part hereof, are hereby established and designated as crosswalks and shall be effective when appropriate lines or other markings on the surface of the roadway giving notice thereof are painted. SEC. 2. CROSSING AT OTHER THAN CROSSWALKS A. No pedestrian shall enter upon or cross any roadway or portion of any roadway designated by ordinance of the County Council as closed to pedestrian traffic, except within an authorized marked crosswalk, or upon a pedestrian overpass, or through a pedestrian tunnel. B. The following are hereby established and designated as roads closed to pedestrian traffic: Hawaii Belt Road in South Hilo, from the south end of Hakalau Bridge tc a point one-half mile south from the Chin Chuck Road-Mamalahoa Highway intersection. Hawaii Belt Road in South Hilo, from the Kaieie Homestead Road south to the Onomea Sugar Mill Cane Haul Road in Papaikou. Hawaii Belt Road in North Hilo, from the northeast (Hamakua) end of Kaiwilahilahi Bridge northeasterly to the southeast (Hilo) end of Kawaikahi Bridge. Hawaii Belt Road in Hamakua, from the northeast 'Hamakua) end of Paauilo Bridge northeasterly to the intersection of the Paauilo-Pohakea Homesteads Road with the Hawaii Belt Road. 6-57 Waianuenue Avenue in South Hilo, from Kapiclani Street to Halai Street, during the school hours of 7:00 a.m. to 8:00 a.m. and 2:00 p.m. to 3:00 p.m., except at marked crosswalks. SEC. 3. PEDESTRIANS SOLICITING RIDES OR BUSINESS A. No person shall stand in a roadway for the purpose of soliciting a ride, employment or business from the occupant of any vehicle. B. No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. SEC. 4. DRIVING THROUGH SAFETY ZONE PROHIBITED A. The following protions of streets, described in Schedule 8 attached hereto and made a part hereof, are hereby established and designated as safety zones and shall be effective when appropriate lines or other markings on the surface of the roadway giving notice thereof are painted. SEC. 5. UNLAWFUL TO SIT, KNEEL, SQUAT OR LIE ON HIGHWAY It is unlawful for any person to sit, kneel, squat or lie upon any roadway, sidewalk, or sidewalk curbing except when overcome by illness or in an emergency. SEC. 6. SITTING, STANDING OR WALKING ON RAILINGS No person shall sit, stand, or walk or aid or assist any other person to sit, stand, or walk upon the railing of any highway bridge, overpass or guardrail. AM ARTICLE 13. Operation of Bicycles and Play Vehicles SEC. 1. SPEED No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. SEC. 2. PARKING No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian and vehicular traffic. 6-59 ARTICLE 14. Method of Parking SEC. 1. STANDING OR PARKING CLOSE TO CURB Except as otherwise provided in this Code: A. Every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the wheels of such vehicle parallel to and within 12 inches of the curb or wholly within a marked parking stall and headed in the direction of authorized movement. B. Every vehicle stopped or parked upon a highway where there are no curbs, shall be so stopped or parked parallel with the roadway and with all wheels entirely off the traveled way so far as the shoulder width will permit and headed in the direction of authorized movement. SEC. 2. SIGNS OR MARKINGS INDICATING ANGLE PARKING A. The County Council shall determine upon what streets angle parking shall be permitted. B. It shall be the duty of the County or State Highway Engineer to mark or sign such areas. SEC. 3. OBEDIENCE TO ANGLE -PARKING SIGNS OR MARKINGS On those streets which have been signed or marked by the County or State Highway Engineer for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings, provided that no such vehicle nor part of any such vehicle shall be on or extend over the main traveled portion of the highway. �O D 1, 1% '41', CAT A11,11114 110TI LO A I N (l,'], 0 li Uf "El .Ip 10 fE C1,113 f"'t B a�,. s s u el sp I A# ic e, a. st, 0 r, " z(,,,l (J 0 -L-n,,c3 o, a v i, tY�e curb, fOlr tc- to back..* f eh, " c .1 r,:'.), t o 0" Ols, scz,,��t of load:'Lng or I i"�c-J',,ar'ir,,J,:Lse ar a,, t e r- 1, Z h pe.ra, 4� (C)"I", M S Ela",i,,-d o, ri� t" 0 Irl 011 f S LIC, C, 11 s, u b 3 ec t L o t,, 1"li �2� 1 1, :r ser of pe�,rlrnl,ts o e s t, e a p r ol 1) e, r, t y ic) r I:, o t h re o w in e r o f I ie veh-l-cle aand shia,.!,,.I, grw,vt 3 autYio,rJ-ze(,.-1 I-i,en .1'r I 1 a t e dc,'I 't 0, Su cl "i p e zs� c-) jr-- �l i"T- 'p,i v I I a s e t r, I e B ip I t- s I -i a, 1] b e u,r-1,, J, Ifvrw"'u'l, fo:C Ea,r e; or othe,',ir pe-ir,,son i,y p e n, 1,1, 10 rl 51 s, o, co r,, -i d o f an y clri, 'to vol --te of the specl'.,al- terl"nl..), p e rut -i, C, J.:) P, 'I"), 1,,,,�J" D VEI-i I E S A- P S 0 d LIV A. lu!"ll-i en, e v, F,,,i v 01") cl e s IL a, ,j! f u]. 1 y p (-Ii T"I c�, d up o a s t r e e -L, ail rq,_ "L we e a r SU I'l "I a d.urii i -g tlr-,�e I -i o u r s L) e a Y:ialf I-iou r.., a, c C 0 S I C,l1, -1, t t I�i, er e 2. s Vim.. f f i d n t I -i, el e -v, c t, cl * s '- r"i a I G c�-) Yri -t t o r e ve arri, y p exr, s, 0 x: o, b i rn C- g'li n e �acl b ono di.slayccl, 5 0 0 f`e e t i-,il p o,n, u c. 1",-i. cz.;, 'tr e e, t or �i( cp way n, o s p B, Vln e v e r, v cn,�, h! -"*L, c 3, e JL, s, p a-T:�, k e id o r s t o p p ecil u, p o, i,,-1ca,,, cl vi y 110, LI -I d, e r, a 't "h ex, c-':) -L o(, wl-i e -t I -i e r attended or unat-tended, ,j ac e, n dur.".ing, th,.e bliOltueen, a hal,"I".- lnimjx ai-,id a ll-), i 'I nc10 r a,111.111 -t Cu f f e ja r i cl tl-,ier e t 1 1 tance, of' �,;,�00 fee""t. t�tpor-,i sucl-1 1", C t w t n za c`l * s a r -'i y p e,i,-,�, o,,r"i or C,,),,, ,j I DC" (so 1,,,)znrked or :sLO,p!j', cl sh,all. be e,,quipp(cid �,c i,,,c n t g i- zi q u, i r' IT W.I.Al'i orie o,,j--"- lan"ips At le,-.ast o'ne st"lall disl, )lay a, mr vi.s,lble Luoi."„j, a Ucilstzrj-n.cie� of !"300 -Lo, �,Ll-ie fror-�itp ofry ,v I ioc,� I (N, ar�I(J I -i, e s iz 1,,,� I cz,!, zi %s" -L o.. r--1 o ot'h I a mp s ll-, �:-Inl p o r, �)i '(3 If � L-) v� IL ILA, a jr:-'ed C ik 0, fc�f(z -to m tht(,,,-?, Irc % of tf-,"Ifa vel],-�11, c :,j a, rid U-te lo ct")''tac f S, a,:L r i o; I rl l-,i p, or rn o,:r', carnbi-riatJ", 10'r) ,of Iarl-ips o f thl 'L s, s e C, ta, o i s, i, . s-, t a ca axl,s, ri� e ax ��to t a z;, ,,..r, mum c b I le 0 Yl� e, v ( 1`11. c e �,v Y d, to passinigo, pu *"1.'he f"oregaili"'.i1ir provas,ioris s��iall not appl.,yl to a rrn oil or --cl v e c y- cl, e C Mh "T. Ar"ily 1 e d, h lc� a a rn, p, u, c), r P la:ric le d, v el u-, 'clel shall be le p r, s s le or ARTICLE 15. Stopping, Standing and Parking SEC. 1. STOPPING, STANDING OR PARKING OUTSIDE OF BUSINESS OR RESIDENCE DISTRICTS A. No person shall stop, park, or leave standing any motor vehicle, whether attended or unattended, upon the paved or main travelled part of the highway in this County except in those areas lawfully designated fcr parking. SEC. 2. OFFICERS AUTHORIZED TO REMOVE ILLEGALLY STOPPED VEHICLES A. Whenever any police officer finds a motor vehicle standing upon a highway in violation of Section 17-1(a), such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position where the vehicle would not obstruct traffic or off the primary lanes of vehicular travel. Upon the inability of the officer to move the vehicle and after the driver or owner refuses or is unable to comply with the request to move the vehicle, or where the driver cannot be located thereabouts, the officer may cause the vehicle to be towed away at the registered owner or driver's expense. B. Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety. =. Iffl SEC. 3 Oil . .. .... S TC) Plu) 11'1111,0",`)" 1 A,tl"",,,,�,,,D,Il",,�,,,IG� OR PAJ10'PIrII%IG Flli )'L IBITED'� c 11, j 1`3 A. E x c e p t w, Y"i e n n e c e s s a r y to a v, o, i d c o n f I i c, t -t )-'i, o, t Y.i e r aflic, o E,tra rr"I " e .1 0 �T- of a c"c.:)'MfDf.I., tv t h I.avv L 11 1 c e of po I i f "'J-ce.i�,� I r a 1, c- c' o n, t, r o I. d evix, c', n o or, o. ic."a-I., f f pe.i:- s. o n s1l, 11 �ai 1, 1 &M o p zi r"i ci o .T.'�' p, Z.74 V I` c e ('a On roa,, of any vehic-,,le stopped o:r-I parkrE.1d at tl'�'ie r..-i'a"ge or cucl) of a street, nviir aa c � gr-i, aC ste d vii'tj ria ri I o, ri, e e p t Ye r e e -L L p a r life,, s or alo,,rrg, any safrty zone vviere Off,:'Ici-al S:jl,,� g.,tri, s aa.- ec e d,, pr o Yi,,i i n g., p a-r, k. 2. r g f p O's, I,, tf cm� xca Alor i� sa,. fde o r opp "e t "Y ret, eviztiori or" o, bs -IL ir, uc ti-o n, p p 2"'. ng If s t a, iri d il r"I 9 O'r p a TF 9 w o u, 1 d oh.) s t ct tr a f �f li� c I 4 E Up o r) a r'i Y bra ci g e, or o t he r el e. v a, t cur s t r u c to "u r e u p o n a "iv F1 1-1, g htmv a y oi vvdi,tlun a lligll vay h At, any place �AVu�V� . � � � offilcial sign,s or, u,,ij a k.fin rl g S, () 9 # 2. S t a ri, -lc o r n o, d o r p a x: k a ve h-11, c, "I", e vv I 1', ("0' 111 el r 0 c C, 1"'I p J-' c 3 e, x c e p t rri rz,,� rn en t z ril."' J. y t, o p 3"., c k u p o r 1"' s c"fn;,.-,,ix- r.j e, a p a s s en, g-, e r or F) a, ss e nc rs a, r) f o r, %,v p u b Li, c c) i�. 1"' 0 11 t 0, 1 I r), �4 e,c"��i t of a IC pr v-i,-Le b Lli'li"n 15 feet of a h,yc3'.r.arA-' n. c -1, 30 fcet of a or i-'ir'trrio e x c c t, v v I �1' c� r crie ''O'd (."I" pa -1- �T' I g !"'n� a -L by 6-64 (d) Within 30 feet of an intersection; (e) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly marked); (f) Within 75 feet upon the approach to any traffic control signal except where designated by a parking stall; (g) At any place where official signs or markings prohibit standing; (h) Except where otherwise specifically provided for by ordinance applicable to driveways located upon the following streets, in front of or within 30 feet of any driveway located on Aupuni and Pauahi Streets in the City of Hilo. The Department of Public Works is hereby directed to indicate by sign or by markings painted upon the curbings the areas within which parking has been prohibited by this Code. 3. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers: (a) At any place where official signs or markings prohibit parking. 6-65 4. The following areas as described in Schedule 9 are hereby described and designated as no stopping, standing or parking zones and shall be effective when appropriate signs or markings giving notice thereof are erected or placed. B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. SEC. 4. PARKING NOT TO OBSTRUCT TRAFFIC A. No person shall park any vehicle on any street designated as a "no parking on pavement zone" in such manner or under such condition that any portion of the vehicle extends over any portion of the roadway. The areas as described in Schedule 10 are hereby established and designated as "no parking on pavement zones" and shall be effective when appropriate signs or markings giving notice thereof are erected or placed. B. In areas other than those mentioned in subsection A of this section, no person shall park any vehicle upon a street, other than an alley, in such manner or under such condition as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic. 6-66 SEC. 5. PARKING IN ALLEYS No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. SEC. 6. PARKING FOR CERTAIN PURPOSES PROHIBITED No person shall park a vehicle upon any roadway for the principla purpose of: A. Displaying such vehicle for sale. B. Washing, polishing, greasing or repairing such vehicle except for repairs necessitated by an emergency. SEC. 7. TIME -LIMIT PARKING ZONES A. When official signs are erected giving notice thereof, no person shall stop, stand or park a vehicle for a period of time longer than that indicated on such signs between the hours indicated on such signs of any day except Sundays and public holidays upon any street or portions thereof within the County of Hawaii. B. The County Council may, by a resolution adopted, dispense with the enforcement of Sec. 7 A for a specified time in any specified time -limit parking zone, to accommodate any special event, convention, parade or other similar activity. 6-67 'b rd c: r e c 0.1- 1 al c) s t r clo,�,, ",""A a e s ::L nd c,:',6 a . . . .... re of a -1:, e e 1,0 g i;,, e- "J" t m' ea:�c y e s, l,"', a b .1, *1 sir"i a s Le ce,'zi, a 't a j,') r c z o n c air -'i d sl ia,:,�i I'. J,� 1"),e, z tec:,], o, r, 1.3 1, ri g s j t''.1 c e t 1"'i le rr,i, a I e c 1 IES E C 0 - P Af," 'I o r ITI C:, PZ,,, V, n, o f f I, c la 1, n a r, k o t, L 'h a I- s 1- c s "t a,.i,"i, tzi, o r, p r -i s 'ID te h o f r -i, o p e,"I"Ic, 0 j, I a E,:,i 1, c: 1 e 1 gip, Irl" -L, 0 t a Ic 1, 0 bl y ""r "y" I g t har-i, s :r, e a o r.- "I ,�,!cessax t ZD 1- e e t c) r Md UI'.1- 11 0 f I s di''. s c a r ege 1,-) z:,), s, e r"i ger.�,, f 1. c g y 0 d. t h, er') f vi'i" tl�i in , t i I �,e C o a .. .. . .....B b e c s c e, fo 9 0 f s; -I. 4h. 1'- e b 0%, e."t-", e o p'l S C" 1`1 e 12 avt,,ftd, c ei,,,",,3,, e o c z o ne s A vWlii , to ,WI yaai, o a r ar-i I -i a J), bE-` e c-,), sl'i,,edi. de ,mow t il,, c, e I .e -1 s 10 "1", 'r -n k g 1 v I V r op r 19 �f i r ec Iff e c a h, e r e o f a e r rc,. c t e o �c e c,:,J, F IGIJI L �h., "r,A 11 1 F EF, D1,J I l,",%l SD ,0) p "1 91" v I'L r, c e i Yt el --r e, o f c, g e c.-, of I3,L al S JL e e ile c no, I t h, a in, rr c e ar'iy 3 "t,�D P st ian d, c)� r p a n, n o p e,r s, c) rl Y:i a I I 0 e o .'- o, r d i ". su h a r g e pi a,� s e t -i, g, e rs •o,r s re a s, lo, ria b y e s a r 'y o 1. 0 ir"I S, -i, IL 171 f r c, i'' g h -t 11, ',p o r -i, a n y o f t I✓i,e, stre(n�,ts, or, p,5o:r,t* t e,r,,e,o f vv, 1 InT ril ("-a Yi, e o r s oi-i s c li, -,y Of.' li&vva VV the Co,lar, t Www a r, ub I., sl 9,11-1 s o f w --i, y 1,zl y e x e- "'fl-lE f SEC. 10 °.;a A F11, Kl` N P ��A C E p 'I Ell, i- r"i, e s A, TYie E r 1 0 r 1) y a u t 1-iczu) Y,,, i, z e rd a ri,,, �L c J-,I,"�, e c (3 M �j,. a n a p p ,a ,r e n -t 9 a, n d d vv h, e r o° e s, a 1) 1 sli, PNI f C) le Z) .ve s e r i 'n. lee, d t, r ef az,- a c", o,r�'i c t,i,' s Of 1�.) I "I'l g S P ED C 71 A.14, x -L', o.,, � v . cle s f p ,a r a ar at,-ig le pa 0 'a x�,, k e d we e s o s -ta-, s, i e B Wfl-ic c,N, v e c,,, p a, c�l� e, s, V S Of -`f al'it-l(li rif,", 11 a 't,(d "i', �'L s If" 1' J, 1. 1) f or, I"' �, I i 1, 1, n, g or ii.l. y, 1, v e I i J c lu) s o f yr (7.�, a excepl-] or w J, vel'JcJ-i:;,o ou-t�;Ldo,,� oa p a s c es 0 'Ly or, A rl, 1. -t s h a 11, b e 1. t, "al k, e c"i a n c rd, e, s, 1* n a C, a r c, s o, e s t a, b 1, 1-, ( (I iv( - 9 0 u rl lvo,�v'], I'l, l f �L, ]".1 d -r 0 zi, rl y ve ri, c; I. e x c. e i -LA ri. .1.y sci i. ri, g e C C) �j- o p a ''m 1c, :s u cl -i v e 1-i I e -eater ,v e 1, L rte: 9.:1, J I de s tlie d rn a r k e o fir n a t e °X„ p ac 0, 'ILI" s J- (J", c-,� Lvf,row:l-'i e s t a S, 2 s j,t be -1 a p p L, c a b 1, ll-i,e, pr o, v s 1" 0 S, 0 t "I'lill (a, C -L'i s h, at I I ri� r ez s a s f r- e o a d 1 r") i.rn a All to V, c e s p e cl es J (-vy-1 1 5 r i z o nr,:s vil") e n srui, c, SEC B""'J" ,j " SAA' y -i e p u 1 c h, cl lav,j, a y, a, 0 I'll, N,o person shal.]- aba: 1, �a, r i v e 11"'i I` c le s o r) b IMXV I I Ell at t d, J-iE cl, I'v c e s, 'u, i Fai.,, t purpo!ses olcf' le LUu, i i-,,,�e n t , %ar 03 f or. rri o re -�t h an 2 4 Yi oti r s, s 1-i C 0 r) st 1 t, u "J�I) r S 1,1 c Yj %ve, Cl-,iapter 290, 1 la',�,� 1, a, III Nt n i -a d S -t, a, -L e c -„X as z m, ca r -,i d ed 0 "I'll” �S)`, E C 12,m, fl, E G Is"F I-:1- E D 0 �'v"J, EF;-`�';`� S, S, P S ]TO P I.I.ATE 1-!S PRII i)%. FAGI E 1 1 E " ) El"'C" il ilov 10 11, s Inany proceed'alngs-, for V.,l a rk 1 rig p 1, S.", o f t li, i s o d e t h le., ss, e r J- aii l n, u, f ber, d i. s pl a y e d lor-i, t h) e r e gi. s, r a"! 3-o n a ,M,L,o n sl -i- a 11",, p 1, a""L e a t t, a, c h t o t,, .1r), rwwTMs v c I e ir-wolved ll,rl csucl.�I, vaol,a con evlderice a p,r*'.,r-n,a, fac' registered o)f' vehicle wa,s the prrson, who payrIcec r t-�rcl swl-i, a -L -tAi-z" p i,., wi, ar:i, d d t.i 1, 1r), e -t i -me sucill LA -)ES SEC. 13#, SPECIAL , � j C 0 Sl vle-'[�)lcl.es of' p u b L-111111. 1 1, t, y c a rr,[, P, a 't lo, ri, i:-,ta y st a n d r -i J, p a, k g a, r a go s C 0''1 I -Lr.-, ALTI!3`0 or llz�"Tllly Ot"'AlliLl'.1'. Ld) I C 0 r a .r -y ��F 0 o p a.i., 1. r -i 9 pl,O,v I � i� c ,)f ns, Iwawf u i, -,L, e p e rfrn 1 t iSS"ec" I-)y 't'l-lLe, grar-vting, hi -m s,vclm, "", i 31 - n, t, h e possessia,on "Vie of tho"", cirl"1 ;.", 01" 0 c, n, t 1-1 iver t o V "di- El,"t c,), a n y o, f t, h� s p e c.-Ji,,, 1, le r i"n, s co r I I 011 t of tl p er"r,�ri., sE C,o, l4t Ilk, �, I PIAIRKIT�,� i G IA I -i, D G "I I"' -i! (CY I ,A. 121, �l s a', gn s a r e e r e, c e (31nig 1 :L o c ce t, h c�r N.0 -Lancl or park a ve,M"cle) upoii,-), any fecleral- no, pci,son, sYi,,a,,1l s 171 mi, X alcl, luglivmy, sub, *,ect to l'ie e, t* .1 s) 4.. S 0 f, t h 1* C-) s 0 'U, b s e c.:,, -L i c), n It 0, c t 'I nele-:,,i,.- for, tlie Gotanty of 1--lawa,"'"I 2. IS)" Ineir-eby Lhe &',Late Enc,")i p �, 9) 11, 1", Or') a r -I "Y p 0, I'%l, 2. 0 1"�J, of the autIr"O'l,"a, zed to erect 1sjo,-Parklr;�ti,,)l s", s al a' f e vvli�,cnre he deerms, it i-iecessary. 1 y f o r a 1,:), cjrlio, J-,,, o f t:l, ri"i e o r,rilrj e r t li ani 6, tcl; s b e tvie e,rl, t h e I -i, o it irs of 2, 00 a.m. ai-icl, 6 00 a.m. of' ar"iy d a y s, u, b, ec a-nted c,!,h*.lcles,. howelver, g,:r v a 1. p e,rrri i t" -L e o e, da, e r i a..],-. - a d, 1-1,,a. g II, w, -a D 411 Who"- r c p ia;l, pave�n,et-it vilth,, all. (@JIL r-)axki'-ng be to tlt-c ing over thic,;� n, or cr,(),lssl E., 11 be r"lo p,8 k 0 m a I s, t no I s 11-1 g n1l, I.. err t, -i r a, r for p c� cl 1, cr I -i, a k,,r s 1 1. b,I'-']lU ,�vret to es, s 2. n on rre on ari.y f or a per'] lo d f i"ni r,l''U t c "A -s p aic c, o f o ner b,l o, c f o r- a rj Orr or"'i zl�rr'vy rucli 1 ri of rrica'-e tl-iar-i, 3,, ,0 m rvile-,"si. 1"J"poirl, vaca,Linc",j rie I oc a t T'l period it sl-ial-1 be unlawfuil, for sucl), pledc"lle-'r, r y on havjl"',-,-tc.r or, Yiucks-:L-ei:- to up, local,.,,ior, `JIJ� ,,ri 500 feet of sucl�,i loca�tlon or o,f , "v�l I'L bus i r -.i, e,,:,,), s �,, at,)y locati,on pr,c -:,Lously va-c, v do a trad,,, b, y t h, o, ur S - For thc:�, purpose of s,ectlollll ward "pedd-1, e r a si u s, c� d hra re 211'. n, s h. J., r�i, c lu d e a ii y pell r s o c�:rr a :-r,, e, s L cl e n t o f thcu� Caun-Ly of 1,--Iavvla,J-i' or not, -Lriavel-,I-n,g, by autarnoti,ve vllrjl,�i,icle, ar a,,,i,-iy otl,i,cz;ar -Lype of cor-weyance, frarn place to place-, frolirn, 'to, from stre''et to street',11 (:,,arrying, conlie,yi*-lricT, 'M rer 1--i, a r,i, dii s e o f f e ri i -I g a ri, d, or tra:rr portir"119 g,(")c)cjs, wares OT c,,, a n d d, e, 1. ivec-:r- exposll-i,g tlie for sale or rmak,ing, clThie %,vord pedd,,.ler sliall inclu,cle, ar-t,]L.c,s to the words "I'hu-c"kster" and- vendar." 6-71 ARTICLE 16. Stopping for Loading and Unloading Only SEC. 1. STANDING IN PASSENGER LOADING AND UNLOADING ZONES A. No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading and unloading zone during hours when the regulations applicable to such curb loading and unloading zone are effective, and then only for a period not to exceed three minutes. B. The following streets, as described in Schedule 13 attached hereto and made a part hereof, are hereby established and designated as passenger loading and unloading zones and shall be effective when appropriate signs or markings giving notice thereof have been erected or placed. SEC. 2. STANDING IN FREIGHT -LOADING ZONES A. No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes. B. The driver of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone for the 6-72 purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone. :197 C. The foregoing provisions regarding freight curb loading zones shall be applicable only between the hours of 8:00 a.m. to 4:00 p.m. of any day, except Sundays and public holidays. When said provisions are not in effect, vehicles may park in freight curb loading zones unless otherwise prohibited by this Code. D. The following areas of streets, described in Schedule 14 attached hereto and made a part hereof, are hereby established and designated as freight -loading and unloading zones and shall be effective when appropriate signs or markings giving notice thereof have been erected or placed. SEC. 3. BUSES NOT PERMITTED TO STAND OR PARK EXCEPT IN OFFICIALLY DESIGNATED BUS STOP A. The driver of a bus shall not stand or park such bus upon any street at any place within any business district other than at an o£ficialy designated bus stop. B. The driver of a bus shall not stop, stand or park such bus other than on the right-hand side of the roadway upon a one-way street. SEC. 4. OTHER VEHICLES NOT TO BE PARKED, STOPPED OR PERMITTED TO STAND IN BUS STOPS A. No person shall stop, stand, or park a vehicle, other than a bus, in a bus stop when such bus stop has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the BSL1! purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus which has entered or is waiting to enter or about to enter such bus stop. B. The following areas, described in Schedule 15, attached hereto and made a part hereof, are hereby established and designated as bus stops and shall be effective when appropriate signs or markings giving notice thereof have been erected or placed. 6-75 ARTICLE 17. Parking -Meter Zones SEC. 1. PARKING -METER ZONES A. All parking -meter zones shall be designated by an ordinance adopted upon two readings by the County Council of the County of Hawaii. B. The following areas, described in Schedule 16 attached hereto and made a part hereof, are hereby established and designated as parking -meter zones and shall be utilized for parking within the time limits therein denoted. SEC. 2. INSTALLATION OF PARKING METERS A. The county traffic engineer shall install parking meters in the parking -meter zones established as provided in this Code upon the curb immediately adjacent to each designated parking space. Said meters shall be capable of being operated automatically upon the deposit of a coin or coins of United States currency as specified on said meters. B. Each parking meter shall be so designed, constructed, installed and set that, upon the expiration of the time period registered, by the deposit of one or more coins, as provided herein, it will indicate by an appropriate signal that the lawful parking -meter period has expired, and during said period of time and prior to the expiration thereof, will indicate the interval of time which remains of such period. C. Each parking meter shall bear thereon a legend indicating the days and hours when the requirement to deposit 6-76 coins therein shall apply, the value of the coins to be deposited, and the limited period of time for which parking is lawfully permitted in the parking -meter zone in which such meter is located. 6-77 ll� Mr SPACES S EC 3* P Alilll"'�,'I, C, A C Orl ie A. 1"I'le CO'Llrity 1pi: Yi, z 1. 1 d s.,), c h c -11, c s u c 1-1, P, i", r%l C s a c 0 a d j a c e n, t I o rrl(c�rt.eii,- �for vil" i�-iporlli - ke uscsd by,, a, p p r c, (:-�l rin a r c- u, rb 1") a r 11, 1, r eter sp,- c e s (:1 t h It*IJ Cl,ITI C�)36 rl -L o, f" ,m•< h, e s r e e g t h a ri d lev'll. h s, o a b e o f a o,v i, L, �a t e 1. e t so s I 9 d srj ws *[-,.o bc.-!� accc.'�, f.7,.-orTi, the 1""I S., Of suchi st"re'r B.irNlo, il 1,� arl< z), venhicle ILri, any, such closigna"LE"d an, r: s oi ri, s Yi a 1 -3 d 11-tiMe ik, i., n pa r e d, tix --L h cl s t r c 't, e d ol r re g u a p "lMa: cable to tl-�ie zoriee, ir'i( sucr-i;, r-ri, c�) t e r p 1-,i� a -t an, c I e, oc c'u, p IL 01 c ca so p a, r t c, f st,i c h, v e 1"1 .1, C� s ffo.rc2a st cis ti i e a, :r I,: �i, n' gs) d e s I.. gn al, , ic o r, p o � ti, d r o,ne p a ciz s'h. s IH-il a c e e xc rj- t -Ll'i vt" a vel-,i-i.cie v,�h:lch of ,a s3izetoo" tic.� pz;ar m e t e:r, a I zi r t o b rq[,k p a i: k A 4- Z C�) 'to occuj;'�'Y 'two z""'I"r3j, )-l" rl, 1 g p a" :I, r) M, ) 0 , C r k i e s, L -i J I-), p rl r 0, S, 2. t E`d i n, t h ic,, p a r kir".1, g rri ,s p a, c e s vvi-ts e n c, slna 11, h r) d C o,,d for th e f ur ealc li s p a c e s o o cc u p lf'-,e- d-, a, s s r e q d In h p n g o f o t I -i cl:r, v le os i n ,s c h s p a c ra jj SEC 4DEPOSI"I OF' Cj0JE`NS, PJiNI'D TIlt,.ALE L I N"i'ITS dii g A,# e r, s ori s h a p zi �irk, a, v ha, cl, el, -ii. n any p� uporr,,i a strec!,tl of arid, next to ki%rfi-ich a pa,r)e,,)i.,.r-ig me, t e r, s e -4, 1 3 L CID L t ('D d zad r eg" i I -i cl t "t df, ciuring Z C a r I's j- I c I sv,ic, h 'ri i t L f iri ck t #-N :r- --c,) ri,, c i r�-i v-,! a p, p "L c a I-) I e "L, o 1"", -j, C', ta e s c u ri." y 1. o� a tc,!,r itrrl s, a c o i J1. I S, 0 "Ir S "M i -i, o(,r col f c f, D 1") 0 If I v C-�, b ef e r -i, cad pc.:), s ll,�, te d, a pp r,o p r -i - v I 0,:r, 5,11 1-1 1-1 av e T -i IIZ),17 0, s 31111. 1 -L * A M r S 0 r"l ha I I P a v lc.,�, w 1-1� rvt,rol r A c n ar',q, lu, �C c e cl LA o be, P El"Ir'' 'I OT IF L rr a e, tj,], -L ed"i, It I I I I c a b, I e. t o t I �ie p, a r, k d r e st i c t ;c P P 171 , S'1"], c Y'l 'T -n, e, I I' Is 1, o ci-n t erd vjhL I e t li� p ar k, 1. rig r z ot I 1'�,l ace r -i d, c a tcl�s by s g n -a t h. a t t h, e .1 av�,)� f ul h , "'If 9 t I c PrC)'v, S h,, a J-1 S �:) 1 1;() ,lp a r 11 S u c Yi p ,a c,c-:, l7t,,ca s x,p r, c',it "'i I M �P W 1-131. ch, 1, c t of" parkdlng or the riecessary !a IM. - ly c) -i e, z� i ecc,� 0 t e c-1 1 a t, e,]- t hvk-� r c a f"t r a c o in o r 4 c 0 ,.,n s j� d I y P a -1. in, any SUC C 1,4oA e r s on s h 11, pa r k, za, veh'.cle th,an that rttetei.:'- spiat,:e "or a p e r '1', o f t e p er 1111, 1 s i rllt - - .1, m, J t e; d ol, T,lm.e foal.� �,tii-l-ch k i u, c Yi, m e -t e r, :L s I o c a t e d e ru z, o i,,i, cj� I n. vi,!, Mi. "„y, n 1-ij. e p -,.k. tri f I rl, S C V, I o 1:r r e. s p e c -L., o e yam, b e o c7 i nr I r pferso,,ri. ftom, duty 'to obse',irve, oth.irnr ar"'ki, rfififore -Linvg, I 1171 f ai,-i,.d i. n, or of v,e],,-i:"Lcles irl sp6ecifli.,ed p.] -ace :s or at f..s . . . ...... e d �,., L, "'IF '�Ol PE,, 15 I Ul'cqc, 1"P"llfoll �'IIBJI -D uMr 1 t'i, a r iy `40, pelT ll n parkJ i'ri f 'l- �, I r""i o C',"i, lnl'", s, U. g b �,,i t, o n, o r a c) t h e r, dc:,,vl c 0 0 r 1* -1, d, a -t. e s c r a �,t, f r c O'� C) A., L, Z), i I I d e f a c e e t a ti,),p r v)."L -L 1,-i o, No p er son�. S�J "Ll I p' r"tr o,r any t I "I, c u ft. r C) L l S -t 0, Y 0 :r, wl p, arr 1c. 9 1111"?, 6-79 v -1 a t e c, r - . ". I El 11 r re to d C, S'l, I W s 1-1, a 1] lc,�c th,c! dkity of" tlicl Ch,'J.,,',,,f -ta e g,u r s orr"t e tn e rn b e, r o r y rl e '41'' d, rri, rt e, r, s zi,,, n c], t s h, a 1, 1 1, 't, rz ". c 0 11. cc t IL 0 1) Is co F :i_ n s a j. I , to r c,��rr,,,tovc,., ,be tlie,- clu"t'-y of persorr',t or pcisy_"�,sovrrts szodesaligna,tec, r �n „« �� f r orn 1, 11-,?, p a, r k.ti,,i m cc:l r s, c o ri s c .t ro o I c d 1 r), S a 1. d m c g rn, et, c c, u rv�t c c,� t I e, p a.- rl 11, e c o,,.'L', f r o e p a r Ic, J., nc rrri e te r c o u ri't, -t .1-i e c o "'1.17111, S c o I e, c,t e d arivd I -Le r, Fu ri, c J d e tYie same ir a, f tilr,i, cl` e,rit, d 1) a rlc., "' n. g TA', e 'a'" W, cir, eza tl,,o. cl zj, r)ci, 1�i e I d by 't h, c D e p ezi r t m, e n:,l,.,. " o, ft* i_ nz n, c r # The,, -t D.]*,.rec-tor of F:L'nai,),Ice shal-J., cli.rect sor"i'lez. meajb,cNr or 1','Tri e rnir.)� � r s Iiis drparinnierit 'to makze perioc"I'lic cll,i,ecks of -the t 'T and, c,ollec,-ti,on proce,dure,* S The coir)s -to b� id",c-,�-pos,:L-ted i,n as r dcc�� ' I ed zarid aszo,, e�,,.sscd as, fele,,'s, -t,c) PT, 0 V I I herc,-_i,.�,n are i i,, P. 11 C., , 111 oul a, o c h, le pr o v d e, o r tlri e p r, le n a Ea, c', '�_l �s suplel.Wl "use, pro'tect,ilon, _,Lnspec,Li'o,,,ri,, lio p e r c,01 t, i. r -i rna *1 n,tn, a v-i, c e c o n't r o 1 a r.. d, i:, e g u 1, 1 0" 0 ing i 9 0 f v e, h I* c I s ri g s, p a c. c� S 0, f Lc� r Is f- s t'-, e,e �t y-) tl-ii e p a r k t a n ci o ��f lo ��t, h e r f,px c,lll 1 11 El"!_ S Cl n d pr, op c t e i n, c i., cl e n! t a, I t o tlri e, W n d e b ei!' f t I pl, I b 1 C I -i ari, ( - -1 � � I - a f f 1, _ricg �o :L :L n �3� J. D f t I. SIE C e r'i t 1-1,e 0 U r S Of E3 -* 00 a . m,., z,, i, rid 4 10 0 p m o n a c 1711, clai y I ic x c e p "L `U ii d, a y s, Cc, p u b I c Ii, o, 1, A, (1 B. V"ll"i r -i e v, r o� L ic r al" f' "" ,p f a t -al, Ly J. r) JL rz C 0 I C C 1111"" Y M d S C iP s, ense, wl'Ui, tl!te enfo:rl,ceri,i�ent of Sec. All for oiie, full, day,, other tlian Saturday, such da-L,'e -to bedes,lgnatje�,d, by hiLM 41 and, be, gave,n reas,on,jable,,, c.Li,rcu)-a-tion, V"ixoug,"),-,io,ut, the, courit''., Y 4, C# Tl -,ie COUTVILY C0'LIr'i,ci*',l maty, by resolutiorn..,, dispense, wlth, tl""ie of S e c 4 f or a s, pe c i f I'L e, d t i, m e i, n. arly Mu dM s, P- e, c 1. P a. I ra ri g, -,aa et e r o n e to accomrT,"todate, any spe,,clal BITYI N`G OU S T A L LS SEC. 9 T'" OF PARK )IG-PAETEP # i Si e, -I, t he f oll o w i n g de, 1 t 4 ta t 2 :11 j,. o n s ha 11 a pf 1 y n i t s 'n'tcrpre f 10 Per s o n s r' 2. J. meh an w,,i y p e r so �nfir,ir,m,, a, s s oc I a t i , Orl, corporati,on, cor,,ripariq oxv or:ca n Z, a 1, j,. c) n of any k-li-nd. 2,41, Oc cup at,l*on s-hal-I me,an the e,nclosurel or obs-L.T., u c -ti o n Ws ol parking-aicater st a 11 s., 3,41 Departr,�,wnt shall r,,,nean. the Department,. of Publlc, in, 2" 'Un)-av,i-ful to, Occur,)",; tarc_ s lia 11 b e, un, law, ful, fo r lar"I.y p e rs,, o n, to 0 C C U P "Y 1 n, 04-ta"" Perm"t any par,k,J,.ng-,i,-r,,ieter zj,tia,ll or portion, thereof in-cidental. to ere c ti, ng c o '' I s tru C ti e n, 1. zii r �,j al t er i. ng r e p ing o r dei,-n.olllz3ninq any bui ing or improVi-ng, 'removing, coInverting s1tru("'.-ttire or attaclied, theriC."tio fi:r_,�st obtair"i,ing "'t fro:rn I -he D(parlzment of' Pub,l.J.,c Vlorllks of" the GoLtnty of a perm.1 Ha wa.L.'i a, U tYl, ar 21".ziing sa,id, C. Fe e (i The DePar-Lin,,ei,it of Pi)l�l,'_lLc Wc�rkl.�cs%, shall requ.''LrIe the. playmesnt of a fee calculated, ait the� xat,e)� of One Dollc- L ix, f C", and P ubli".c 1",io.l.aLclays''o rl, g -ml:1 for eacliparki' stall SO, olccupled� Info-r.M,A,,i.on* ,,D lczat'i,on OM "I NOW of P ub I I ic; r k -s t:,,o E x rer c 'S e t h e Die P, ai 11 -t m.Cr- rj 1 n, f orm a t i on r t 0 f PU b J. c,, Wo r k s. s, h a 11 r e q, u i. re S ture of ttie propo, ed act *,v'*' r e g a rd, n, g the ri a and, locatior) of' 'the affellcted st,@11s,, ti iie durat,ion o r occtipat,' aip-icl all other -iformat,-Loln deem,ed e le reason,able ]-n aidin,g, the Dcz,%partm.ent to, evaluate the neces,sity Of imiposing lcondi`Liot-IS, upon. the occupa,tiLon o,f' the saii.d s-talls, or 'to prohibit :L'As, occupati"Lon, lent,i ely., `f suc-h, occup at.i",01 would, endanger tl-i,e llealth,', safety ancl, wuel,fare of the general put b 1-i C t ponsi,, i lt,�"r fo, A 6 -,iil-t, at Job S' e s., b I K enar,"') i ri c4, Pe r 1111, Any pers,oil-) vvho has beler,,i ca c o T I i t -,'ho 3, ns311-1 ing 2, t at respo*,ble -E pe rm i i Ob 'S i te, a t a 11 't 1" m, e,,s , "a , n d, h ai I I pr, e s e r"li,, t t I d e rri, a n, d V91 t o a, n. y lo ff -i, c e r o, f t h, e a vv ar emploilyee of' 'the, 1* oil De pa zt m e n, t f or h i s i n-, s p e si of Perrn't., It shall 'be I t o, V lio .1 ll,C,o),,t T e Lrr�, J, 'F U' nl. a tfiv,--f ... V— ed u n, la w, f ul fo r, a n:y p e r s o ri, who lias, b e e n q r a ri "'0 nd' '" t 0, f th e �p e rm i vlol,ate any of thie terms or c I :Lons t, am, G Re t-1, a I t i e s Mh An y p, e, r s o� ri f o u n d 9 u 11 ty of' v 0 1 'a, . . . .. ........ ..... 3. o n s shall, be gi illl.-ty, of a any prov,lslloll of the abov,e sect* iTils,dernearior and, ),D,e subjecto a ASI t ex"ceed,ing Twe- 1 1, i,ty-F*ve Dolla-s, (,$T *00),v, 6-82 ARTICLE 18. Equipment SEC. 1. SCOPE AND EFFECT OF REGULATIONS A. No person shall drive or move or no owner shall cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all time equipped with such lamps and other equipment in proper condition and adjustment as required in this code, or which is equipped in any manner in violation of this cede, or for any person to do any act forbidden or fail to perform any act required under this code. B. Nothing contained in this code shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this code. C. The provisions of this part with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm tractors except as herein made applicable. SEC. 2. RECONSTRUCTED, SPECIALLY CONSTRUCTED AND HOT ROD VEHICLES A. No person shall operate upon any street or highway a reconstructed or rebuilt motor vehicle or a specially constructed vehicle without first having obtained a permit for the vehicle from the Chief of Police. B. Before issuing such permit, the Chief of Police shall require a written report of inspection on such vehicle as to brakes, lights, and general working conditions, issued by some responsible authority designated by him. C. Permits issued for the operation of reconstructed vehicles may be revoked at any time the Chief of Police has reason to believe that such vehicles are a menace to traffic. D. The Department of Finance shall not register any reconstructed vehicle unless the applicant has presented to the Director of Finance a certificate of inspection from the Chief of Police. SEC. 3. WHEN LIGHTED LAMPS ARE REQUIRED Every vehicle upon a highway within this County at any time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles. SEC. 4. VISIBILITY DISTANCE AND MOUNTED HEIGHT OF LAMPS A. Whenever requirement is hereinafter declared as to distance from which certain lamps and devices shall render objects visible or within which such lamps or :�L! devices shall be visible, said provisions shall apply during the times stated in Section 3 of Article 18, hereof, in respect to a vehicle without load when upon a straight level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated. B. whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. SEC. 5. HEADLAMPS ON MOTOR VEHICLES A. Every motor vehicle other than a motorcycle or motor -driven cycle shall be equipped with at lease two (2) headlamps with at least one (1) on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this code. B. Every motorcycle and every motor -driven cycle shall be equipped with at least one (1) and not more than two (2� headlamps which shall comply with the require- ments and limitations of this code. C. Every headlamp upon every motor vehicle, including every motorcycle and motor -driven cycle, shall be located at a height measured from the center of the headlamp of not more than 54 inches nor less than C 24 inches to be measured as set forth in Section 4-B of Article 18, hereof. SEC. 6. TAIL LAMPS A. Every motor vehicle, trailer, semi -trailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least one (1) tail lamp mounted on the rear, which, when lighted as required in Section 3 of Article 18, hereof, shall emit a red light plainly visible from a distance of 1000 feet to the rear, provided that in the case of a combination of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. And further, every such above-mentioned vehicle, other than a truck tractor, shall be equipped with at least two (2) tail lamps mounted on the rear, on the same level and as widely spaced laterally as practicable, which, when lighted as herein required, shall comply with the provisions of this section. B. Every tail lamp upon every vehicle shall be located at a height of not more than 72 inches nor less than 20 inches. C. Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the MIM rear. Any tail lamp or tail lamps together with any separate lamp for illuminating the rear registration plate shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted. SEC. 7. REFLECTORS A. Every motor vehicle, trailer, semi -trailer and pole trailer shall carry on the rear, either as a part of the tail lamps or separately, two (2) or more red reflectors meeting the requirements of this section, except that motorcycles and motor -driven cycles shall carry at least one (1) such reflector; provided, however, that vehicles of the types mentioned in Section 10 of Article 18, hereof, shall be equipped with reflectors meeting the requirements of Sections 12-A and 13-A of Article 18, hereof. B. Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in Section 4-B of Article 18, hereof, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 350 feet to 100 feet from such vehicle when directly in front of lawful upper beams of headlamps, except that visibility frcm a greater distance is hereinafter required of reflectors on certain types of vehicles. 9M SEC. 8. STOP LAMPS AND TURN SIGNALS A. Every motor vehicle, trailer, semi -trailer and pole trailer shall be equipped with two (2) or more stop lamps meeting the requirements of Section 21-A of Article 18, hereof, except that motorcycles and motor -driven cycles shall be equipped with at least one ;1) stcp lamp. On a combination of vehicles, only the stop lamps on the rearmost vehicle need actually be seen from the distance specified in Section 21-A of Article 18, hereof. B. Every motor vehicle, trailer, semi -trailer and pole trailer shall be equipped with electric turn signal lamps meeting the requirements of Section 21-B of Article 18, hereof, except that passenger cars and trucks less than 80 inches in width, and motorcycles and motor -driven cycles, need not be equipped with electric turn signal lamps. SEC. 9. APPLICATION OF SUCCEEDING SECTIONS Those sections of this article which follow immediately, including Sections 10, 11, 12, 13, and 14 of Article 18, hereof, relating to clearance lamps, marker lamps, and reflectors, shall apply as stated in said sections to vehicles of the type therein enumerated, namely busses, trucks, truck tractors, and trailers, semi -trailers and pole trailers, respectively, when operated upon any highway, and said vehicles shall be equipped as required and all lamp equipment required shall be lighted at the times mentioned in Section 3 of Article 18, hereof. M—P.] SEC. 10. ADDITIONAL LIGHTING EQUIPMENT REQUIRED ON CERTAIN VEHICLES In addition to other equipment required in Sections 5, 6, 7, and 8 of this code, the following vehicles shall be equipped as herein stated under the conditions stated in Section 9 of Article 18, hereof, and in addition, the reflectors elsewhere enumerated for such vehicles shall conform to the requirements of Section 13-A of Article 18, hereof. A. Busses and trucks 80 inches or more in over-all width: 1. On the front, two (2) clearance lamps, one (1) at each side, and three (3) identification lamps meeting the specifications of subsection F. 2. On the rear, two (2) clearance lamps, one (1) at each side, and three (3) identification lamps meeting the specifications of subsection F, provided that reflectors may be used in lieu of clearance lamps on rear -end dump trucks and trucks equipped with hydraulic tailgates. 3. On each side, two (2) side marker lamps, one (1) at or near the front and one (1) at or near the rear. 4. On each side, two (2) reflectors, one (1) at or near the front and one (1) at or near the rear. 9. Trailers and semi -trailers 80 inches or more in over-all width: 1. On the front, two (2) clearance lamps, one (ll at each side. 2. On the rear, two (2) clearance lamps, one (1) at etch side, three (3) identification lamps meeting the specifications of subsection F. 3. On each side, two (2) side marker lamps, one (1) at or near the front and one (1) at or near the rear. 4. On each side, two (2) reflectors, one (1) at or near the front and one (1) at or near the rear. C. Truck tractors: 1. On the front, two (2) cab clearance lamps, one (1) at each side, and three (3) identification lamps meeting the specifications of subsection F. D. Trailers, semi -trailers and pole trailers 30 feet or more in over-all length: 1. On each side, one (1)amber side marker lamp and one (1) amber reflector, centrally located with respect to the length of the vehicle. 91 M E. Pole trailers: 1. On each side„ one (1) amber side marker lamp at or near the front of the load. 2. One (1)amberreflector at or near the front of the load. 3. On the rearmost support for the load, one (1) combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer. F. Whenever required or permitted by this article, identification lamps shall be grouped in a horizontal, row, with lamp centers spaced not less than six (6) nor more than 12 inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical centerline; provided, , however, that where the cab of a vehicle is not more than 42 inches wide at the front roof line, a single identification lamp at the center of the cab shall be deemed to comply with the requirements for front identification lamps. Sec. 11 COLOR OF CLF,PRdNCE LA"? S, IDENTIFICATION LAMPS, SIDE !.iAPKER LA',PS, BACK-UP LA10S AND REFLECTORS A. Front clearance lamps, identification lamps and thoes marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall disp:ay or reflect an amber color. B. Rear clearance lamps, identification lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. 6-91 C. All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red or amber, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp shall be white or amber. Sec. 12. MOUNTING OF REFLECTORS, CLEARANCE LAMPS AND SIDE MARKER LAMPS A. Reflectors when required by Section 10 of Article 18, hereof, shall be mounted at a height not less than 24 inches and not higher than 60 inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than 24 inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector require- ments of this code. B. Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps 6-92 may be mounted in combination provided illumination is given as required herein with reference to both. SEC. 13. VISIBILITY REQUIREMENTS FOR REFLECTORS, CLEARANCE LAMPS, IDENTIFICATION LAMPS, AND MARKER LAMPS A. Every reflector upon any vehicle referred to in Section 10 of Article 18, hereof, shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful upper beams of headlamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear. B. Front and rear clearance lamps and identification lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between 500 and 50 feet from the front and rear, respectively, of the vehicle. C. Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between 500 and 50 feet from the side of the vehicle on which mounted. Sec. 14. OBSTRUCTED LIGHTS NOT REQUIRED Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail 6-93 lamps` need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted. Sec. 15. LAMPS OR FLAGS ON PROJECTING LOAD Whenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in Section 3 of Article 18, hereof, two (2) red lamps, visible from a distance of at least 500 feet to the rear, two (2)red reflectors meeting the requirements of Section 13-A of Article 18, hereof, visible from the rear and located so as to indicate maximum width, and on each side one (1) red lamp, visible from a distance of at least 500 feet to the side, located so as to indicate maximum overhang. There shall be displayed at all other times on any vehicle having a load which extends beyond its sides or more than four (4) feet beyond its rear, red flags, not less than 12 inches square, marking the extremities of such load, at each point where a lamp would otherwise be required by this section, under Section 3 of Article 18, hereof. A. No pole trailer shall be operated on the public highway with any part of the permanent structure or load extending in excess of six (6) feet back from 6-94 the center of the rearmost axle of such vehicle unless there is displayed at the extreme rear end of the load or permanent structure at the times specified in Section 3 of Article 18, hereof, two (2) red lamps, visible from a distance of at least 500 feet to the rear, two (2) red reflectors meeting the requirements of Section 13-A of Article 18, hereof, visible from the rear and located so as to indicate maximum width and on each side one (1) red lamp, visible from a distance of at least 500 feet to the side, located so as to indicate maximum overhang to the rear. There shall be displayed at all other times, red flags, not less than 12 inches square, marking the extremities of such load or permanent structure, at each point where a lamp would otherwise be required by this section, under Section 3 of Article 18, hereof. Sec. 16. LAMPS ON PARKED VEHICLES A. Every vehicle shall be equipped with one (1) or more lamps which, when lighted, shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and a red light visible from a distance of 500 feet to the rear of the vehicle. The location of said lamp or lamps shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this section is installed 6-95 as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor -driven cycle. B. Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or high- way, no lights need be displayed upon such parked vehicle. C. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with and shall display lamps meeting and requirements of subsection A. D. Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. Sec. 17. LAMPS ON FARM TRACTORS, FARM EQUIPMENT AND IMPLEMENTS OF HUSBANDRY A. Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry shall at all times mentioned in Section 3 of Article 18, hereof, be equipped with two (2) single -beam or multiple - beam headlamps meeting the requirements of Sections 23 or 25 of Article 18, hereof, respectively, or, as an alternative, Section 27 of Article 18, hereof, and at least two (2) red lamps visible when lighted from a distance of not less than 1,000 feet to the rear; and at least two (2) red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful upper beams of headlamps. B. Every combination of farm tractor and towed farm equipment or towed implement of husbandry shall at all times mentioned in Section 3 of Article 18, hereof, be equipped with lamps as follows: 1. The farm tractor element of every such combination shall be equipped as required in paragraph A of this section. 2. The towed unit of farm equipment or implement of husbandry element of such combination shall be equipped on the rear with two (2) red lamps visible when lighted from a distance of not less than 1,000 feet to the rear, and two (2) red reflectors visible to the rear from all distances within 600 feet to 100 feet to the rear when directly in front of lawful upper beams of headlamps. 3. Said combinations shall also be equipped with a lamp displaying a white or amber light, or any shade of color between white and amber, visible when lighted from a distance of not less than 6-97 1,000 feet to the front. This lamp shall be so positioned to indicate, as nearly as practicable, the extreme left projection of the combination carrying it. C. The two (2) red lamps and the two (2) red reflectors required in the foregoing paragraphs of this section on a self-propelled unit of farm equipment or implement of husbandry or combination of farm tractor and towed farm equipment shall be so positioned as to show from the rear as nearly as practicable the extreme width of the vehicle or combination carrying them. Sec. 18. LAMPS ON OTHER VEHICLES AND EQUIPMENT Every vehicle, including animal -drawn vehicles and vehicles referred to in Section 1 of Article 18, hereof, not specifically required by the provisions of this article to be equipped with lamps or other lighting devices, shall at all times specified in Section 3 of this article be equipped with at least one (1) lamp displaying a white light visible from a distance of not less than 1,000 feet to the front of said vehicle, and shall also be equipped with two (2) lamps displaying red light visible from a distance of not less than 1,000 feet to the rear of said vehicle, or as an alternative, one (1) lamp displaying a red light visible from a distance of not less than 1,000 feet to the rear and two (2) red reflectors visible from all distances of 600 to 100 feet to the rear when illuminated by the upper beams of headlamps. Sec. 19 SPOT LAMPS AND AUXILIARY LAMPS A. Spot lamps - Any motor vehicle may be equipped with not to exceed two (2) spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high-intensity portion of the beam will strike the windshield or any windows, mirror, or occupant of another vehicle in use. B. Fog lamps - Any motor vehicle may be equipped with not to exceed two (2) fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of four (4) inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower headlamp beams as specified in Section 23 of Article 18, hereof. C. Auxiliary passing lamps - Any motor vehicle may be equipped with not to exceed two (2) auxiliary passing lamps mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of Section 23 of Article 18, hereof, shall apply to any combination of headlamps and auxiliary passing lamps. D. Auxiliary driving lamps - Any motor vehicle may be equipped with not to exceed two (2) auxiliary driving lamps mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of Section 23 of Article 18, hereof, shall apply to any combination of headlamps and auxiliary driving lamps. Sec. 20 AUDIBLE AND VISUAL SIGNALS ON VEHICLES A, Only authorized emergency vehicles may be equipped with a siren. B. Every school bus shall, and every authorized emergency vehicle may, in addition to any other equipment and distinctive markings required by this code, be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two (2) alternately flashing red lights located at the same level and to the rear two (2) alternately flashing red lights located at the same level, and these lights shall have sufficient intensity to be visible at 500 feet in normal sunlight. C. Every authorized emergency vehicle except police vehicles and authorized Civil Defense emergency vehicles shall be equipped with at least one (1) flashing red light visible to the front of said vehicle for a distance of 500 feet in normal sunlight. 6-100 Police vehicles shall be equipped with at least one (1) flashing blue light visible to the front of said vehicle for a distance of 500 feet in normal sunlight. Authorized Civil Defense emergency vehicles shall be equipped with at least one (1) flashing red light visible to the front of said vehicle for a distance of 300 feet in normal sunlight. D. The lighting equipment described in subsections B and C of this section shall not be used on any vehicle other than a school bus or an authorized emergency vehicle. E. The use of the signal equipment described herein shall impose upon drivers of other vehicles the obligation to yield right of way and stop as prescribed in Section 1 of Article 4 and Section 2 of Article 7 of this code. F. Every special hazard vehicle shall display flashing amber warning lamps which shall be visible to the front, sides and rear. Flashing warning lamps, when used, shall meet the current specifications established by the Society of Automotive Engineers. Sec. 21. SIGNAL LAMPS AND SIGNAL DEVICES A. Any vehicle may be equipped and when required under this code shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 300 6-101 feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake, and which may but need not be incorporated with one (1) or more other rear lamps. B. Any vehicle may be equipped and when required under Section 8-B of Article 18, hereof, shall be equipped with electric turn signals which shall indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of light between white and amber. The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit a red or amber light, or any shade of color between red and amber. Turn signal lamps on vehicles 80 inches or more in over-all width shall be visible from a distance of not less than 500 feet in normal sunlight. Turn signal lamps on vehicles less than 80 inches wide shall be visible at a distance of not less than 300 feet in normal sunlight. Turn signal lamps may, but need not be, incorporated in other lamps on the vehicle. 6-102 Sec. 22. ADDITIONAL LIGHTING EQUIPMENT A. Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit an amber or white light without glare. B. Any motor vehicle may be equipped with not more than one (1) running -board courtesy lamp on each side thereof which shall emit a white or amber light without glare. C. Any motor vehicle may be equipped with one (1) or more back-up lamps either separately or in combination with other lamps, but any such back-up lamp or lamps shall not be lighted when the motor vehicle is in forward motion. D. Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped may display such warning in addition to any other warning signals required by this code. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simuitaneoucly flashing white or amber lights, or any shade of color bete✓een white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shallshow simultaneously flashing amber or red lights, or any shade of color between t.mbor and red. These warning lights shall be BLOB: visible from a distance of not less than 1500 feet under normal atmospheric conditions at night. E. Any vehicle 80 inches or more in over-all width, if not otherwise required by Section 10 of Article 18, hereof, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three (3) identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted as specified in subsection F of Section 10 of Article 18, hereof. Sec. 23. MULTIPLE -BEAM ROAD -LIGHTING EQUIPMENT Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor -driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations: A. There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading. B. There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at 6-104 least 100 feet ahead; and on a straight level road under any condition of loading none of the high- intensity portion of the beam shall be directed to strike the eyes of an approaching driver. C. Every new motor vehicle, other than a motorcycle or motor -driven cycle, registered in this county after January 1, 1962, which has multiple -beam road -lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost dis- tribution of light from the headlamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. Sec. 24. USE OF MULTIPLE -BEAM ROAD -LIGHTING EQUIPMENT A. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 3 of Article 18, hereof, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations. B. Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the 6-105 oncoming driver. The lowermost distribution of light, or composite beam, specified in Section 23-B of Article 18, hereof, shall be deemed to avoid glare at all times, regardless of road contour and loading. C. Whenever the driver of a vehicle approaches another vehicle from the rear, within 300 feet, such driver shall use a distribution of light permissible under this article other than the uppermost distribution of light specified in Section 23-A of Article 18, hereof. SEC. 25. SINGLE -BEAM ROAD -LIGHTING EQUIPMENT Headlamp systems which provide only a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to July 1, 1962, in lieu of multiple -beam road -lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations: A. The headlamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of 25 feet ahead project higher than a level of five (5) inches below the level of the center of the lamp from which it comes, and in no case higher than 42 inches above the level on which the vehicle stands at a distance of 75 feet ahead. B. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least 200 feet. 6-106 SEC. 26. LIGHTING EQUIPMENT ON MOTOR -DRIVEN CYCLES The headlamp or headlamps upon every motor -driven cycle may be of the single -beam or multiple -beam type but in either event shall comply with the requirements and limitations as follows: A. Every said headlamp or headlamps on a motor -driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than 100 feet when the motor -driven cycle is operated at any speed less than 25 miles per hour and at a distance of not less than 200 feet when the motor -driven cycle is operated at a speed of 25 or more miles per hour, and at a distance of not less than 300 feet when the motor -driven cycle is operated at a speed of 35 or more miles per hour. B. In the event the motor -driven cycle is equipped with a multiple -beam headlamp or headlamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in Section 23-A of Article 18, hereof, and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in Section 23 of Article 18, hereof. C. In the event the motor -driven cycle is equipped with a single -beam lamp or lamps, said lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance 6-107 of 25 feet ahead shall project higher than the level of the center of the lamp from which it comes. SEC. 27. ALTERNATE ROAD -LIGHTING EQUIPMENT Any motor vehicle may be operated under the conditions specified in Section 3 of Article 18, hereof, when equipped with two !2) lighted lamps upon the front thereof capable of revealing persons and objects 75 feet ahead in lieu of lamps required in Section 23 or Section 25 of Article 18, hereof, provided, however, that at no time shall it be operated at a speed in excess of 20 miles per hour. SEC. 28. SPECIAL NUMBER OF DRIVING LAMPS REQUIRED OR PERMITTED A. At all times specified in Section 3 of Article 18, hereof, at least two (2) lighted lamps shall be displayed, one (1) on each side at the front of every motor vehicle other than a motorcycle or motor - driven cycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles. B. Whenever a motor vehicle equipped with headlamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway. SEC. 29. SPECIAL RESTRICTIONS ON LAMPS A. During the times specified in Section 3 of Article 18, hereof, any lighted lamp or illuminating device upon a motor vehicle, other than headlamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps and school bus warning lamps, which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle. B. Except as required in Section 20 of Article 18, hereof, no person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon 6-109 displaying a red light visible from directly in front of the center thereof. C. Flashing lights are prohibited except as required in Section 20 of Article 18, hereof, and authorized in Sections 21 and 22 of Article 18, hereof. SEC. 30. BRAKE EQUIPMENT REQUIRED Every motor vehicle, trailer, semi -trailer and pole trailer, and any combination of such vehicles operating upon a highway within this State shall be equipped with brakes in compliance with the requirements of this article. A. Service brakes ---adequacy - Every such vehicle and combination of vehicles, except special mobile equipment as defined in Section 3.185 of Article 1, hereof, shall be equipped with service brakes complying with the performance requirements of Section 31 of Article 18, hereof, and adequate to control the movement of and to stop and hold such vehicle under all conditions of loading, and on any grade incident to its operation. B. Parking brakes ---adequacy - Every such vehicle and combination of vehicles, except motorcycles and motor - driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. 6-110 Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes. C. Brakes on all wheels - Every vehicle shall be equipped with brakes acting on all wheels except: 1. Trailers, semi -trailers, or pole trailers of a gross weight not exceeding 3,000 pounds, provided that: a. The total weight on and including the wheels of the trailer or trailers shall not exceed 40 percent of the gross weight of the towing 6-111 vehicle when connected to the trailer or trailers, and b. The combination of vehicles, consisting of the towing vehicle and its total towed load, is capable of complying with the performance requirements of Section 31 of Article 18, hereof. 2. Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of Section 31 of Article 18, hereof. 3. Trucks and truck -tractors having three (3) or more axles need not have brakes on the front wheels, except that when such vehicles are equipped with at least two (2) steerable axles, the wheels of one (1) steerable axle need not have brakes. However, such trucks and truck - tractors must be capable of complying with the performance requirements of Section 31 of Article 18, hereof. 4. Special mobile equipment is defined in Section 3,185 of Article 1, hereof. 5. The wheel of a sidecar attached to a motorcycle or to a motor -driven cycle, or the front wheel of a motor -driven cycle need not be equipped with brakes, provided that such motorcycle or motor - driven cycle is capable of complying with the performance requirements of Section 31 of Article 18, hereof. 6-112 D. Automatic trailer brake application upon breakaway - Every trailer, semi -trailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semi -trailer, and pole trailer with a gross weight in excess of 3,000 pounds, manufactured or assembled after July 1, 1961, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least fifteen minutes, upon breakaway from the towing vehicle. E. Tractor brakes protected - Every motor vehicle manufactured or assembled after July 1, 1961, and used to tow a trailer, semi -trailer, or pole trailer equipped with brakes, shall be equipped with means for providing that in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes. F. Trailer air reservoirs safeguarded - Air brake systems installed on trailers manufactured or assembled after July 1, 1961, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line. G. Two means of emergency brake operation. 1. Air brakes. Every towing vehicle, when used to tow another vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, shall be equipped with two means for 6-113 emergency application of the trailer brakes. One of these means shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure which shall be not lower than 20 pounds per square inch nor higher than 45 pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate. 2. Vacuum brakes. Every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single control device required by subsection H, a second control device which can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system be so arranged that failure of the pressure upon which the second control depends 6-114 will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking. H. Single control to operate all brakes - Every motor vehicle, trailer, semi -trailer, and pole trailer, and every combination of such vehicles, except motorcycles and motor -driven cycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle. I. Reservoir capacity and check valve 1. Air brakes. Every bus, truck or truck tractor with air operated brakes shall be equipped with at least one (1) reservoir sufficient to insure that, when fully charged to the maximum pressure as regulated by the air compressor governor cut- out setting, a full service brake application may be made without lowering such reservoir pressure by more than 20 per cent. Each reservoir shall be provided with means for readily draining accumulated oil or water. 6-115 2. vacuum brakes. Every truck with three or more axles equipped with vacuum assistor type brakes and every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to insure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than 40 per cent. 3. Reservoir safeguarded. All motor vehicles, trailers, semi -trailers and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum shall not be depleted by the leak or failure. J. Warning devices 1. Air brakes. Every bus, truck or truck -tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the air reservoir pressure of 6-116 the vehicle is below 50 per cent of the air compressor governor cut-out pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking. 2. vacuum brakes. Every truck -tractor and truck used for towing a vehicle equipped with vacuum operated brakes and every truck with three (3) or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, shall be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle the warning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be adequate means of satisfying this requirement. [:08rA is less than eight (8) inches of mercury. 3. combination of warning devices. When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle the warning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be adequate means of satisfying this requirement. [:08rA SEC. 31. PERFORMANCE ABILITY OF BRAKES Every motor vehicle and combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall be capable of: A. Developing a braking force that is not less than the percentage of its gross weight tabulated herein for its classification. B. Decelerating to a stop from not more than twenty miles per hour at not less than the feet per second per second tabulated herein for its classification, and C. Stopping from a speed of twenty miles per hour in not more than the distance tabulated herein for its classification, such distance to be measured from the point at which movement of the service brake pedal or control begins. 6-118 Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus one per cent (10) grade), dry, smooth, hard surface that is free from loose material. Brake system application Braking and braking force as a distance percentage - in feet of gross Deceleration from an vehicle or in feet initial combination per second speed of Classification of Vehicles weight per second 20 m.p.h. A passenger vehicles vaith a 6-119 seating capacity of 10 people or less including driver, not having a manufacturer's gross vehicle weight rating..... 52.8% 17 25 B-1 All motorcycles and motor - driven cycles ............. 43.50 14 30 B-2 Single unit vehicles with a manufacturer's gross vehicle weight rating of 10,000 pounds or less..... 43.50 14 30 C-1 Single unit vehicles with a manufacturer's gross weight rating of more than 10,000 pounds ............. 43.50 14 40 C-2 Combination of a two -axle towing vehicle and a trailer with a gross trailer weight of 3,000 pounds or less... 43.5% 14 40 C-3 Buses, regar9iess of the number of axles, not having a manufacturer's gross weight rating....... 43.50 14 40 C-4 Allcombinations of vehicles in driveaway- toviaway operations........ 43.50 14 40 D All other vehicles and combinations of vehicles.. 43.50 14 50 6-119 SEC. 32. MAINTENANCE OF BRAKES All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practical with respect to the wheels on opposite sides of the vehicle. SEC. 33. BRAKES ON MOTOR -DRIVEN CYCLES A. The Chief of Police is authorized to require an inspection of the braking system on any motor -driven cycle and to disapprove any such braking system on a vehicle which he finds will not comply with the performance ability standard set forth in Section 31 of Article 18, hereof, or which in his opinion is equipped with a braking system that is not so designed or constructed as to insure reasonable and reliable performance in actual use. B. No person shall operate on any highway any vehicle referred to in this section in the event the Chief of Police has disapproved the braking system upon such vehicle. 6-120 c 34 Bfil E FLUID I:rlaulic fluaTAas, us° d 1"n, tlils, SC-IctlOn Oiall 'uj,ean, the 1:L,cwi,d Mledium, tl-i,rough, wh'lcli, i,s t:rransmi-f.`,-tcd to IL-hc--; brakes i"'n, thc�, hydraul,,',:"LCl brake-, Fysitcrn of a vch., c 1,. C. B Flydrau.1.1c, brake -f,,Iu:' L,,J be �-ind I -1 -1 ul thc: saf ety of t1le oc,mpan-r,s, of the v c h cl e a ncl �'tll, e rcmbl 1 c C. Hyd'lrai�.i].,ic brake f.] t, i i d- s, Yi,,a 1.1 c o n f o r m, 't 0 t',Yi,, e, c u r r, �c n, f 1n, f t h ra,, Sr o c i e t y 0 f and i'a o, ". s o c a"" Au t om o t i n, ut e 31A corn;pli, ith the n t 1,; of th J' ct,l o n., e s, wa qu r ern e s, s e, 7 flui.d, unless it complies vill.till, tllc-",ry Olf w thiLs, se,ction., 17E, S 0, c ji, 315, H P NS AIJE), V VICES A 'Eve,2r,:',y niotor vel-iaicle when, ope-ratcd 'upon at hi, 'hway 9 work sha 11 b tt a n d c a,P a b I e o f c? m 21 ing sound, a u d'' I", ],-)o 1 c� uac3e:r no,,,rrrllal di stance, of, In o, t 1 e s s, -t h zi, n 2 0 01 c o n d I , o n s i,r o I f Cc, t bu t n o h c, r n, or o t h,c r vj,ja,, r ai n g d e va c e s h ci 11 1`111, " Lt C-1 n, u ri r ea c-, ci,,rl a 1V it c-1-1, e Tl-i, e d r f a v, ��t o j,,, v h i c 1 e 1-311 wl'i E s r" Othc,rt"viSCD LISC: SlIch, 'hoi,.,,:,,n vvi-1,ten ll'pori a high,wray,* No v c,,� 1, 1 *1, 1 b, c, , e" 1, qu '14. P, P er"., I v, I * t I i I I n, o r s hc-j, I J., , a n y 41, persion, u,s,,,,e u1pori, (a any sarc,,n, vvh,I'*sPt.1(::,,or bc-111,, (,,,,�xcept, aL, s otherwi,se here.]'Ln. i is ji i 1-,)' 1, c,,-,, u -t n o t ne, g", i ,r e 'IV ehi*cle, be equippac,", -�'mvl.,th a -thcft, zdarn signal, d evi c le c h is so arrangeld, thii 't it cl,,--annot 'bi,e used Cl, 'by, -t'""ie dri,ver as an ordinary warning Slgllil DAI Ai-iy auAI'm:,r,,,.I*Lzed c,,t,r,.ic1r,g&nCy vel-i"cle my b, c-,, cn: qu,,:* ca d Pill t V1,11thil a si-rcm, cil� pabLe of," emi ing scuni,d audilL w ig I undcr nor�lnal cot-ic'Jiti,ons frorm a di,.stcince, of not, ,I C�,Sls tlian, 500 fee't and of a type approvedly thromi, qP , i 41 -t- Fzali n.o-L-, bile, iuse,d Ch,lef of Pol--cill bu, such sirern, sh a p o rvc� e ed lie, t 0 4 Pill an, erniergency ca.1.1, or actui,n.l. or suspiractecl vliolat,or of thc,? Ln vill"I'lich salLd, lat,tcn!x events, thie -JiII-vCI`r of s:u,ch veh:i.cle shizll an s $,onecesslary to ilin pecles 14 cand oth,er dr:Lver,s of the ia,ppri"oaich thzn!reof*, Et A n 't- xtl c u s, e, cl t o au I di r r o c. k ic o nc r e it e o r 0, th er c. o n sa-t r c til, o n, rn), a te .r �1 all m a y b ec; e. qu, 1 p pez, d t h a I'll homf beill, or vvI',-,d*st.1,Ie "'in thc,6 rear therie,olf, capable. W. 'IL te o f e rri, 1"' it Pti a o u ri b I e u n d le r n orr ma c o n, d ii o rz r om d, s -t n i,, of n o,t s tha n 20 0 f o( mvirn,"Lng devaC0Ihov,;,irver, ��to be sounc,-Icd ordy U P �Pthe 'is I.)cacJ,,,,Ir'I�_j lip, se, c 366 OF' ��PXDJSE A ZAP A* 117hie- 'Ptcrr,,n� 11 1. il,i s e, d A J, 0 c, �Lube wc' tubes, w"i'l-A-i sIP,:,,un o,r cll-i� o'll-11 S pun s,,t, c o e, of'' sandvjicl,l or Of 0'',L1,ie,,r do"S''ign, oir const.ru,ctilon,11 for trhe purpose of roceivi_ng rz.kx"hla,ust ad con.troll,i,rng exhiauls-t noise frorn, the, motor of a nmot:,or veYticic�", Nb pc-�rs,on, os1"iO1_1 ope.-t-atc a "Motor v(:,�hllcica on, a p,ubl.],.0 I'l i-1iw a yor si e lc,� Il-, h rno t c r v e, Y1.* c 1c -A 111 S 0 C (all, w ii. it h MU f fl r or MU f f 1 er s 2- n c o n s,ta-, n1"", o p le:rc aa 'lt Ji on, a, nd o, f s , u c h 1, e n t h a n d s i or, of S,Uffi,.,ci.e,n',c capac.,:Lty f'or the ill ot-or and/ar, e,,xhaust sys,'tc!rm prc,�,vent escape of'' excer,,issi've ar anna,,Njring fw,,iries or smalk, 'd or uni, a ,n oij- is e The tc�,11111'ni illexcessi-ve or unusual Tl` D used 31,n this, Sell"C"111-01" I I C 3 rill s no,,1S1(_?.1 L,,n, exc,e_,s,s of the LlSual noise wr.,),L,i1-d rooslalt friom, 'the opera zion of a, rnanrre-,ducetz-, ron_namun by, a, nnuffiler s,uch as Iis defined hez.,c1._in,, n No, person sha,1.1 ople:rate a v le'Yi e, o a pub 11 C, Mig'hway or �,-Arlect unIess, the, rnotor ancl/or exhaust, lSystenri of such motor v,ehacle 3..s, pr o p e r I., y eq, ua i p p e d a n d a d'j ted so as to, prevent thc:,�, lesca",jr)e of u, s ex la,,i-) d tl h, le, ,cess,tjiwe or annoyii,-ig or srnokef 7 Orn-ISIS311",orn, of excc_.,,,�ssive OT U11USvLYv,.`11 nal's''e ZI,S defined Y), D* N o, p s o n o per aa t a ai o t o:r v, e h'.21 c 1. e lo, n a, 41 11 jz)lu -L C hligh�,lmvay or st.:r-eet wl"fl-ii, a rnotor anid',/or exh,t""'I'Us't sl Y e'n"'I v: h 11. c 1-i, h a, Itered or rir, i an, llx oil n ai h, t c d by thic,� tlno-t�.,,or nal s, cn� evt�iti 1 i, M Ilu dtima'iy' cut—out- b, y- p a s, s, o r, otl-v r SJO',Ilrntilar IL cC ) S, c c 3 7' N-11 RTI, 011,Z) ppc'A-d vv'itli a mirror jor A, Every motor veh,,l cle,, sh(,-'jlJ bc 'O.Clu'll., 111'1317TO'17S ,;,,,Ol located, as to, r&fl.c�ct to drimc-,:r a vie''m of t,"he Mghvvay for a distance of at least 2100 fccm,t to t-"h,,O,,, su c h v ca Iii, 1 c 1 e Sil 3 P�411J`IST' BE, I Jl`,10'13,,S�T U,Cl."F--,,D EQ),,UIPPED W1, TH A 2. n s h, a 11 dr s I 'A t n, t rzi n s p a r e nt- m a e r lia 1 15,21. c i, n I u p ori t h e f r o nt r'vzi w" ,,s, o z)l,c3c or rrea-r vvi,ncic'�Tv' llolv'c of sucli, veh"'cle, vivh'ch obstructs ti -le drivez.-ts clea-r V,:'L'ew of the) Yu g1l h 1ely, i g hlC" p pr lov :,l d b Ch" ePol 2 . P o s t c r s, o, r s ti. er-s cle, , , z y Btyl" f of c e 0 11 sl,h,all be place,�-d at �th-e ri, gh t h L) n d c o r. e o, f t h, e f A- r, Ic"I o I e f 't - h, a nd j- v e o, r v, e i c 1,e or at then. I.cvver lof.t.1-hancd coriner of" the front -1 Ow e" ve r h I i vent, n, v e li. 31. c 1. e O'h p o cs t e r s s S t I .,ckv 2,- , u c pl. colce d s h al.l n o -L, c ov,c) r gx:- c za t 1-1, an f 0 u r c �i c!�c,,� by six lncl'i.es, exlcc,,". -t for o.r for re,Wuiremen'tS,, in wil"licl-i cascos, -,in adlc]j't--,3 -onal a -ca I-OlUl'ZlAld", CATCI�I'ilalf' 'ncl ws, I -)y s, -n a y be us,c 1, i.x i.nclic: I n s or olbj,t rvu t e w .:i rid, s, h 'Ji. 1 �i r le ga, z),_:C5, V 10, WE"I"'d, f r o m t h le d r.1' V el rS w ny sany rrtotor vehicl,,e, dlr,,�je va , e,�, t n or t 1`ie, I-1 a o d or, rd, 4 zi t o r of wh, 01h u pon :T 1 1. ic I f:Lxture or ornarr"ie:jn-L of any � 1"rlgSl,� Or .1tt(r-.1'rS vlh� f t),j,e dr 5 w ju, 1 111, 10 iver of 1 0 ICS 1, d v e h "' cl c C"I",11 eq,u,.-i.ppe,r,.,-",1 w''.11,th a devi" ce for 'rha.i,_n, or other m a I o I s, ti e f lot ",ri th e vl�or 1, n,,, d c,; h i ie,11, d w h, 1, ch d, le v.d. CE) S'' '' 0 " 1, etzi lo, r o p e. r t e d 41 b,Y, the of the ve)h.-L,c] e. I r U S 11111 wiper upon < veh,icl,e.,� shall., Y vi' eld malnta,int,��c], in qoocl i�,,rorkrd,,r,,:.��r'# J,,p'� U1 El".) IJi,ifioi LEO, 'R ,S le, c 39 W`11. SHL'D S 1 TNI)ERS A. 7 B 11 Every iii otor vehiclrn a., excep'ting a nmtorcy,'Cle " m.t h a, w n, d I n and' :r,"�ear burii-p(,:)1,rs,., In a d c, j t i c r i, every� moll,or ve"I'iJ."cle upon, a all bile eqi,"m pped, Yv*-th fei,-'i�,dc1llr,,, all V,,fl",tere h, ighway s, rs f _h tile, t:ype of ve�,,h,.I' clic and the usage of t1ie v e h i c 'n iza t h e� t p n t m ay b lc,,,! c % I 311I.Ir 1'3, ri c t e cl 1.ng e- i. mp r 1. .0 Ca 1 Svic"I'l 0 m a, C t C f'oi, e g ro q'i UPCA'l (Bpj':',)r0V,0",1 of til, cc,' Cf P S ec qll 40 N", P, le r,� or), sha,1.11 opeir:,ate oti ny h,,.ghvv&y any mmotor v�ehl c.1 L (-.):r, 'u, n]., s e -I f c"�("i e s T 3 q,,j 'I, 1 1 C, 01V 0'r tr le 01 r, S, el 1, 1 cl I S o r u c, s S t 11 C 1) T"r",I, t, 3, (D r ;.j �L rn ,r I. t I body of tl,io %r h J' ;:if 'o (:1, eqU' ii.. n.1, 1111�, is 1, a s h of r, 1- CS 1') 10, Y 0 lo, n t o e f "f"'c, c ��'t i", v c 1y, 03� 1711U, d t ,6-125 µ ". vv.,r " m^(�� '06 S ec 41 RES'Fi"'I'lillcli"ioll,",IS, INS, 1'0 I n. clttd li'-') g ].oia id, I -i h f 11 ab, r *1 c c) r wh, i 'c h, 'h v e, a, n Y d e f �a c t e 1 y t cl ca u s, e f a 1 t, i,_r c El-vc:i.ry, sall"Lcl Tubber -ti're on a venhii.cl-e, shall .0 ber orr'i, *ts entl"''.r,:,e tfzaction surfaice eat least F ibole -the, of' 1-tf''l a �-Illcllv'llii. j � vedge xf the ent:',,Lre D No person shall operate, or rn,ove on any, h.lghway anny a 11 e- r h a motor ve'llicle',, trailer orW w. me,, -Lal t:1'I'lei "I''n, contact.w:"Lthi, the 'rloadvv'ay, o "its pe,rlpl-ic),ry ariy bloick, stud, flangecl-e.a.-A o ,n S,p Ne or any other protuberance of any rnat e r li othe-�r thaml rubber vvhlcli, projes-cts, beyori,cl the e a d of th.e., txactiion su'rf a cc of- the t:"L re, except that th tires, h,-,.iv.]'*Lng p:rotubcrances which, i,-),ot I 'n, "Ll l7w j n the and' r""'�Xccpt'al.c%,--,P'o "t -hat i,t I i i 17 011 c I S 0 pern"i to, use t' b proportiowis upor,i at iy vO"l'..'-IlcicN vvphan requireci for Oaf eta , or- us, in ,e casic) i NCI-def Eng"IrIc"c"'.. of Pit"I''I"'),lfir. 1 IV,,,Iork,,s,,i of th- ly, 1 n, t h c.), iCc*lse lc,)v-,F' Countyvuvv�wYUrriciy -"'Ln discre, 1,on # gl-ivv a y o f t1ra :L on. eii,g.,Lnc-,s olfl, tra ctc,r vath t -.r.,� a, in, s v, �r� s c rig invc,�vable t3,,,-zjcI c o rr u g a L-, 1 o ni s I r Y 0 f upon t'l e p e r,- I s, u,c h mcwablca Or fa,-r,M tiracto-rs cir ol'ther f-,arrn mz.icl'",I, iri(z,,r,y,, the, opera,lt,,-IOr,,I O'f 0, ic:l c h, upc,n a, ghtevay viirluuldc., bc? c it J, Sec. 42., SAFE',N, Iv,41I,K]"'ERIAL 111�111 M0,71"'OR VEFI,ICLLP,S A No p e r s o ri s h, a 11 sle in, y n vli m, or v e hi i c,I e a, s, I;e,reinl 111-IOr � l any nevi vecul ic1c:)), a I th lcz�� r ca bc,,-!, r eg 1. s t e is sp le C,2-, f I e rd, h e :r e,1 n s, ecpu p d U''], CSl f cz,,t,y g 1 z 1, n, g & L 9 ma, t,e,T, a, I of a type mjec-,%th, le cur ent specificati-ons f V'I,CSoci`e,ty o,f' Autornotlive Enginrcieris w,hc,,,,--r,,,c-:�,ver glazzi,ng rnater-lial 21"-S UISCK3 w,3, n d, ow s a ir lmn i's The foregoing provis"ll' all, ap P ''Y IA # pillsenger-tylipci. rnotor vehj-,cI,,cs,, c P, 0c) i.n, respe t a- s h, I bu s, b, i.,, i� to u0,',sj1 i�i, d1l) 1 n, c r, u c Ttc ri":1 c t'O 17 s Xr,c,�,cjia 2. m g J a,,,-Z,, :L, r'i, g rri (zit, le -r a s li,, a a pp ly t a I I g1az,iLn,,g nn,,atc%:rl-I* zill useld ai'.,n doc,),rs, vv*,rii,duvvs arid 'Wa. n. c! sih:01, c,,)1. d 5. 1., n -t fi cs drlvar s c,oi"n,pllar-ti�ii,,c-,.Nnt,s of such ca e s 11tcr # c I t y g.1, a g ri'li a 1zllsll gla'2 g rrllaterialzs s o c ot-is tructoc-l'', trch -tcad c 1,'n,,c.Ad y r m. a t c r, 1 a,", s as t o, r b s t a n t, 1' a I -I o t, hc �W -t in compr rls,cm 'itll'I, Orrcl",:Lnaxy rheet g,l,@s,s c,' pl glascs, the lilcell"hoocl of '2*Lnjur.'-y to persons by "b -t Yi e s e s ,o bJ e c 't, s 'frOTTI (21XtE,�r."Lor SourcC),s Or a f e ty mater"'als whE4,ri t I I ed', o r y m -a y b e c r a ck, b -r,,, o' IAI 1 is No person shall cyxc!rza-Le a mol -,',tor vel ,.e c h J ec"I v"';:L' t h s a f y g 1. a z,li r�,'g m, a, t e, r 1 � a %,,Jh a, c. h S cwt orb no k. ,S,le, c CERTAIIl VEJ-,iICLES To'' 1cf-d"-1071, Y IHAS 0 R 0 T'I" 1''ER V 'WwR NI D, E VI C E, S, s e ng c., tc, ny iTt �i o P-) c-1 a a A, No p'r.on s 0 t o r �t c k pa 5, F bu s oll'il, "t ru c le t, r a c't wr or a r,iy motor vE,�h*cic? tot I -i,.-n g, V SIM ou s (cs tra 1*1 er a t a ny, -Umc:',�, f rom a, ha lf hr. our aftc-'r ro sz, f s h a 1-1, b, e caa r ri e d Ji., n su c h v c c h o 11. cvi i ri g e x c le, p a s, pr ovi d B, equ. i.p m e �r in par 'a g 0 At le:@. st thre e f 1 are s or thre e red elec trlic a n, ern-s, or pw--table re,.d er-,,ic,rqen,,c'y re-flectors, each of wha. S]"I'all b,e capabl.e n d z.�vt a s, t ca nce of lbr= g ts,,c�,en arvcl cl cizi t] s he, o -Lc nc),'t 10S's tl-l.an 600 feet uncler n, o rm, �n-. 1 I"' g h -t�, -L 171 C' c I th 9 f I a g s h, a 11 b iis e,,(,,] f or t I epu,, r,P'O S C"! Of 'CO'l plian,ce witl, th,c of -U,"4i-.ILIIS 4p "i t reflector uni,l;' shz-il.l be userc ,J fo-. thc) purpos,r"�t 0 f c 0 'M' 1 Z), 171, cI Ol W *1 - Lh -t h e, r u 1 r,c-'vm, e n, ts- 0' f t I'l 1'' S A s eb c -Ll I -oin unless : E L 't so desIgne,1c, and c t t��mvlo ru c rJ a. s t o iinc J., u c"I f e JL c�, n,,'i,,,ent s onc above othrc,,:r',' e,ach of vi"hich s I -apable of re,,flO,,ctl-r)'g rcNd llgh-I`., ,n clearly v2. s'lble, from all cli- s tan cre,s wi ti'l 6 1 C ) 0 f'e e't- -L-, o, 10 0, f- e c t, u ndic r n o rTTi al, at'rni o s r 1, Ic c,,),f la,vtful upper, beari�is, o ezdlzrrrps, and unlc-;,,ss, it, is of a typeu whi'll"ch.miee,ts tli,e, current sj,:,')ethle Soc"ety 0 leas -L tha.."ee red elec-t:r,:L,c o,'r red portable emerge,r),cy are cavrr:':�Leadol At 1 e a s t tvio r e cl -,c I o' -L l'i f I a g, s no, t 1 ees, s, t ha n p p c) Such f lags'* BO No, p ��c r s, o n, s I"i aza 1, 1, o p cr a t e on i"-, 't h,e t I'L rll c" ZI n (1, u ri,c]. e r concl 1" 0 ]-IS i,n, parc,,i,gr,,aPl"I A ar','iy motor vc-,hl"",cle S cl O''M pf" cl g L 1 IL qu, ]'-,cl cl so r �s,(�, as,( s oa:any M c) to r ve'I'lacle US. -i -11,g" gas' as ci I un,less Il bca cairr* rc:cd t'llhrWry c r, ' c w d°s or pol r ed, e r g c'n, c.y r,c -t o s, m t J n"rcj, qu r # of pcjr,agr, ',j -)h A of th-2'-s section, ancl tliere- shzill n, o t,, b, e, ca "I., 1J., C� (I it, n a n y' salL z , n ,. DEVICES VEH' CLE. fra Sec DISPLAY 01 D I S AB L ,0 , Y A V"I'li. en e v r r n mlrjtor tr,uck, passenger bus,, truck or pole or is any, motor veh."i"cle towing a hous,e tral*ler,, 4 1, ,d ]"L uToon t�rj,,rc:!, t,ravcslc-�d, porti,on, of any, h 1' g hl%"'l a Y or the; sh,oul.c..'Ier thereof at any -t"JLm('--'� v'�!].I�Pn .'"ghtecl" la-.mps aire lon, v,01,1111c,les t,he d,.r,,-,.i,v,er of s'u,ch veh-'i"cle sh,.all . v the follow," 4 3�,ng,' lim-rning cle-vjc,,es upon thce czlurir,i,g' the tiin,c- thr ve'hic.],.'e 15 Cil')"Le on the highv'4ray except as Provided i n p A , h B A tr lighted fusee, a, liahted red, elec IC lamt-e,rn or a rcbd-, e,rn,ergeri,cyl,,,r,,e,fl,,ec,tor t the traff'" s,hall, be placed a I C, -Eff *1I' d,1'r. clz,the I 2 As soron tl-ierelaf'Lle-�r Ell's, Q b 1 e bu t 1, n aa n y P ss,l e'v,(,',m't vvithl) n, th le, peri,od of thie fussee (15, ml.nutc,-),,�s) the c"I'l-.i,-ver Il- 1, place t], rec, ll.c `rJ-burn, 11"', hi -'L ed, z,.-, ec], c,,),Icsct,rlc or threo-,-., po:r-tiable re(.3 emergciticy reflectors on -travc,-11o,c] P-01'tlorl, of tl-j�'ct lh"" 1. C fol 11 h y' t1l a Gn e a p pr o x r:,ii at ic I ly 10 0 1 f r orl�i -t h d isia b, I. e rd, v ehi c, 1 le i,n ccm-ten.- of thle lane IIoccuplec.] by s,uch vehicle, and traffic approacl''ling In, -ti i a t J., a n e "i, lip I *L r c). c n f rc, m, th,e e d i.,s ca "b I e d v, h *1 cl c an. d rJ f lt h e tr a ff i y- I I s u c v e 1- ',.*L c Ie occuple,,",c- C v(,--,d,d*c,.I,,e, not thz,,m, 10 feet rearward or fonlvarci, tll'liereof ion th,e direlic-ItIon, of the 4, 11 ng -t raf f I C NO I f a PP Ii ghtec:1, p ! r ri, c y :r�, le f lec -t o --rr ;si h @ b, le e n oir, ta b, 1 le le rin c, g er h, e� v e h 1 ic 1 e P, a c le d a t t he -t, r, af f 'i c s,3. d le o a r a I n a c c or d a rill vT 't 0 4 Ill I IT 11 s, e c i on, ay b, c, 'u., le d if or this purpose. B Whe, ri le v er a, ny vc', 1131. cl 2;-, e f CN r r e d t 0 1 n, U 1, s, C tl 0 r1l, IS dii IL t h 10'' hi 11 c re s -t or o ii. n n, Ii- n g sa g n I t he, 3 c) bi s tir,:u c. t I" lio n, it lo vl'i evv t w a r l a t d shiall, be so plaace),ld a s r "Llila d IT 0 to aff o' an'"ll"Ple, wa,".-MIA-19 "to Ol-'Lhcnr usiers of- the hi.ghvrayl, blut- ,&fcet nior 'in 0, 0 if m, )"i led a bI rc� cl v e1ri. Ii. c I le c Wh�ericaver Of., 4-1- tyjxcl� to, 1-n tl'il a�. is u 1g glits ai ID, hwz�li -y dlu:r��Jlj -L-Jil tl`ia�t J-1 bc, lj,)Iia-c,cd T,I I E lo, 1" Cl, A n -irc c ti, W c 0 c- -Lzai n c o f at p p r ox i "MI if i c,:l --t c, 1, y 2 0 1 0 f c� n e, a t", a cl ]L S "in the c,c,",mtr3-- of thcl Occ'ul),10(.] by t,c), p p 0 f, t lic,jc tlL,on c) :L C d is ta n c e of a 1) p r c x:i ma t, th,e cern"t-,,,,r 17, of tlie lane, occupied by tlwie ver''hi,-ic-le a n, d, I n t 1-�i e cl 1 r e :L, o n of t, r a f f i c a p p ro tl-ia,t oi!-Iel zi,.t, thc, tra-,,ffic sJ:'.Ae, of tl-i-c),, veh,lcle: &171d, 10 felet frcrii, tli,,e veli,-icle th,e dil.rc-nction Of th,e neares,t approad sec-tloll ls, d1sr-Elb,led upuii, U -,ie traweled porti,-.on, of a ulder, the" eluf, at ar,,Iy ti li� en, 'h i* q, hwa y or t h e s h, o 1, M, 1AIJ , lar e s r e cl e I clic tr *1 c. lanterns or portabl.e r&ci ei-fler-igpD,,,ncy :r&flectors IIS Al not reqtii*re-,,.-1, t.1 -le clr:iver of thic), veli.'L cle s h a 11 display two red flags upon the roa,dway in the Illane of tr,aff:I.0 Occup:L"ecl by the d.1-Sabled O'nIC-1 I a r�i c e I tc,�I. y 1, 0 0 f ee t n, ac, s, t z: at a d 1, tr,,��ic-e, of' approxima approxima"�Lely of,the vehiclet 100 feet. to the r e z"i:r. 1, Va Jiicle used ""in t1"i,c, trans portei-t i :i v e s or E), r) y cz loc, t a, n k rucic u s, iz,, t I- I oz:- conn S S e d 117 "rill S, p 0 r t, a t i- o n, lo f a ri y, f a r L *1 quc f CA I o r, a n, comp-c-cs'se-cl, I a s,, "I go-si as, z;i fuel, is d'i"sz,'ibled, vipon a Of 't, is, n pza r a g r ri ph any L'.11 (.2" or Pliace, wLi,oned A Olf thli-S Sec" -i of S,Uch v c h, c le s, h,,-�tll C: ®JY� sr p] y c f"' o, 13., 4) a,,. n g 111, g cl,!,, c v 0 Trrz� d e:lec.,L'ric laan,Lcrn, ,Dr' plor"Lalide rcsc I., m 6— 13 3 e rnr.r gc r ic y p i ac e on thc• roadvi'ay at thr. r a, f"' c s 2"A v e 1, 1, i C an d", I C lzin L le, i:� ns orr jC o a rc� r, elcl r c f 1 ec -t, o rs o ,n, e-, p I a c (:1 p p"I'", , "Na" X,.,.L, rT'l, a tely r 10 0 f t t o, t 1), e; f r o, n -t a n d o i oa p r mmr ai ccu, d, 'a,ppT1,C) x 2. rinirl-Lely 100 to thca reiaillr- of thi's J, c a n e d" 1, s bl c-,,�, d v, e 1"'i i" c 1 e, i n, t h e c e n t er o f 1-i e cl, f. 0 C C uj:N, 2L, cl b �y s uc h v- el -i i c.l. e. F I a. r e sII us e e TI sIgnals, by flai4e shall not b,r,-, ��used as v ri g d v ic es f o J I -S, c",b I v, czt h c],,., e s of t h e v a ril-i c e r 3, ty-jr'),C i n e n t: L o ri rc,,x d s-, p a r a a F I h le fa r e s f'u s, el e s r e cl e. e c "t ri. C 1#1 n t e, r n E' p, or t a b, ].,,ca, C r u, n c y, e f 1 ra c t o r, s, e.-, nc, f I., ag s -L o 'b e ci, s p la, y e d nu i, s s e a s - c.qu ,r,,, C3 li n t Yi C t 1, o n s h,, a 11 c o n f orm, v,,vi. `Lh t h e r e o, 1, :c 6. (7, n"i-em t, s S, e c 4 3, a p',!,:), 11, J c -, bl t ll'ic,,! 2":, et o cc, Sec 45# VEHIC"I.ES P C I,V,T:s K E X PlL,P A� 0 p, e cl n, 0 p e r n a, y v e h any expl.,os,", I 'IV ca,,i,-go c('),mply vnii-ffi, r ti-icD pr,0'vi*,s,i*ons o,i h I,, S S e C t 10 1-111, A Sa,a*..d veh,,Icle sliiall bice milarked ox placarc-icad On, C-.�,z:),ch slde and thc:� rea.-r., vv-il.th Uriez, word ll'Explos,lves,"l iLn I.etters; ri,ot less than 8 irnchesr- higlli,,, S 11''a 11, bca, ci, f sr, u c I isplaye� on, the' rl,c-llga,�,,,:7 0 -11, veh*cle a di fl r'i o t ,l es-, s 't, h, z-) n A C I S qu r m le, ed, n e r l h h, # C� CPJ I p P, d -t h, ii ot Ev e,s c a,,, 1 sa,J'L t h a n frd ie n, f 0 r lnrl:�,,�:�i Ch CJ JLz,41, -t. cl U, s 0 a tim 'n ori. �Ui,e s o u s, I., m 6— 13 3 E EQU 46. Al I '0 rF 1 "t� ic an 1" c o r" "i r), i, n g clu, ,p 'f' a Is U, A* r 'r efe r r e d, "t o I n' It"ll, :i S,CIC' t' I OIn lIi a 11 m ea, n rm, re c h a n c a 1 nu'i c n't 'wh i c I a. o n, r, of r 1'. gerat, v a po r c c' n,p.,,r.,.. c o o I thc., dr i v r s 0 lr p as s e n g e r c o a'i pa m, e; il, 1 S, US, 0 cl, to of ainy im,.o,'''tollr v Ic,',% h c -t uT-7 e cl 1 n, s t a 11 el, d 1pillir n"t, srl-iziill. be, ma,,r B S, u c. h c qu e gz,','i r d tli ciu le, �.r, f., o:c,,, t h c s a f"" a n, d, m, ai n, I a, n, e c7l, vi�-' 1. t lIi,, e o c c up a n s of t h c. v eh c 1 -I I'sxi, c o 0 t persons or IwM-cll, Such equipmen,t sYnall confor..n'l to the cux,,',rent C, r e cm ctlice or IsAaiii dard li.cable to such nve,r,,-,l ly the Societ,y of Aut,cmotiVE'' eIqu,:,Lipi'en-Lr, @,ppr�o 1.) D No 'r-n-;%rson, sli,al.l 1-1ave for scale, o,ffear for sale, TTS Ot Io r v c, h IL c 1 e w *1 t h, 'y s, u. c h , c COMPI t h, tli, e, r, equ i r c m e n t s I e n't u 13. es S 1 1 es, w i + of th".1"s se'llylllctllor'l"-M� 0 r E, No, persun shall operate, on any h3-gh,way any molit., t ji, n't -c o on, i n, g e, qu i, prii e vehlcle eoplppecl wltYi an,y a"' 1) ire 1'l t S, lid, comPla es wa It h t h, c'r e e of th, c "L i o, n, 01- 6-1314 ARTICLE 19 # " ,!1spelp, of Vehicles SEC 116 DES I GNAT 1,THE, POLI CE DEPAR The Polic,e Departmetnt 4Vbly dels, 11"gna,tied the coun,ty deplartment, having the r,es.p,ons-ii,i',,,b,il,'l,ty for the, periodic veh,:L,c1,e im,spection program. SEC ., , 2 * INSPECTION OF 'VEHICLES, Peri,,lodlc safety inspectlom of vehi'cles sha-1 be as provi,,de,ld by law and rules, and, requIa,ticinis promulliga,ted 'by the J, State fflll"gbway Safe,ty Coolrdilllnlator,. I INSPECTION FEE 1 on s, t A on ma, Y The Perzon, operlatknig, an offiLci,al Inspect, "at charge not. IIS It. than a fee of '71iree Dollars ($3,,00) for the ce'Irt,,if,lixate of' inspe,ctlon and approvlal an,,d afft"xi-nig, of inspe,ction st-ickeris regardless, o,f whether a cert, f ciate o,f approval i's issued or whether affi,xing Of inspect,ion, st,ici,kers "'is, donle. SEC 4 C,0ST1 OF INSPECTION STICKERS AND VEBICLE INSPECTION B0,0KS The Po 1 ice Department shall charge and col,riles eicrte- f" , I, ea,ch, o tatIolin 'the summ of ten Cen,ts ipera,"tor o,,If f,iclial inspec,tion s 1 for, each vehilicle imispectioni, sticker denot,i,ng th,le malon'thi of �h elxpiixation and the summ ot'' Fiftelen Cents ($1.1 5) fox eac Nm vehicle inspectiLlon, stilicker denoting the year lof' e,,!xp1Lra,,ti,o,n 11 1" and, the aum, of 0,ne Dollar ($1.00) f'or each. vehiLcIe i-n-snpectimn, bolok distri"buted to salid, opera,tor. 1, 111 � 11, Wil 11 ,,3FffM=sl1i1iW 21,1 US; 111 lo Alb The Chie-f o,f Pol mice, S','h,,a 11 1' is sue permli -ts f or and, w io,ns a s t f f cl a, 1 f u r n,,,' 11L s h i nsitruct, nd. all -111t'olrm- 4 in,spectlon stations f'or t,he- inspection anid adjust - 41 t 'g, 11 t, * � if 1 4p , , ent men ignmen , 1 h inig equ:ipnnur, t. of brakes, wheel, a,r l' 41 1* r,,i. I- w,j.pers, n,d' ;rvqm.Pmie..,n.,t olf mo,t',lor trallers and seirrii-trailers. B, rir oil Ap p,.I,,,, 'Ji",cat.)"on for s.uch permi_t sli,all be, in,,adei a w. off]"'.cia] form and shialll,,, be grarilted only, wlieri, thel X. I t Ch I On f 0 f P 0 11. ic e i-, s, s, a 1 s f 1, e d tl Yil zi it t 1i le s, t, a t,,i o n is'' p r op e r 1. y e q p p, ca id, a n d a sl cor''t) p e t, en, it p e r s onn el to tis" trn i it s Befo, re rrt a ke s u c'h, in, s p e c t io n sal n d a dj, i,ss,uing, a perr'nit, tli,e Cli,li.ef of Pol,ilcril M61Y re-qUire ,P ale ,a bond, condilti',oned,! th,lat i" , t W, il I m zi, k e c c rill p p n sa t, i o n fo r Fa n y, d gligence or -I thirz)., p a, Trt 0, -i,.1, s: e if cs U c 1-1 a p Pill ,I c la n or mp 10, Y' f c Vri c, C 111 e f o f P o I i c le s! s,u p i 1. "ril S J.Delcc o ns o, b m a de o f s,,Lj, ch s, t a it 1 on,, s, a in, d s, h, a r' v, o � 1 i , e, @,n, d e rc;u. 2"L _rle� t h e. �F,,i Lj,, r,r le n H.1 c.� r o f h. e p ' e", rnr,[, jL is, s,u le d to a tati 11. c ,is, not prope,rly r?p Ctllion s it f lo, r @ n o ff J.. cliz.i, I .3*,,,.,n, s, p e -tation shall D No p1E?Tm1 th b, out th ie foill, 1 ow i.,on i ing is,sued 'to saAd, stat e 'J t* ,1, p m, le n -Ile a d 2. g h t t e s t a, n d, a wh e e I ,qL al:ignment gaLlige or tester afs, approved, by the Chl_ef o, f P,o 1,1` c e, r 0 F"" I Co,_'T A L I Ill ST3 EE', C T1 C "TA T I CN"S SEHC. 6. OP E'R A T ICT \I 01 L N S A Yak NO, Perrfri)"TA, for a.n Of'-fi"CifOl station, shtill be assi'gnic,,,.,�d or transferred or 'us,ed at, any locat.-ion, other than, saa,,.d perm)"'"A' sil_ 11 be off; c,° i.n, a place, at the lo-cl, atio 11 de s J. rc�; iii,a, ""t 0, id B Only, "Persons by, the Chlef 01 Poh"Lce 't mo,toir, vehkle safecty m, a y, c o nld uc a. n s p le Only upo"na tl i!,e v e h, el, in good' vvvo:Lr,k.j*ng clon,c),-Lit-alon, properly adj�usted� a, 2* d p e-" r, s , n a f 'f -i* f I o n le a c h n. s p le c t J. o ri, c 0, t) du ct, e d s h, a 11. be, ma lid c., to t h e U-1-3. e f of Pl,o I i c e& a s s c, o n t :i, e., r el, azi f t le r 11 ca ble, s piria, c t 17he persor-i operatli-ng all o f f li c jL a i, n, s p C-.,� ct'ii. 0, n, s" t i ,10 1") may cl-lar9c.2, & fee of' not more, than Tvl Do 11. a r,,c.; for an in-specti"on regardIless of wYieti-iler a of' approva.) s le d, SEC. T# IMPROPER AS OFFICIAL IN SPE CT 1, i0l'kil, S TATI ON p r e le nt a, n pla c e t -i, la, cc� as a n o f f i c Ii al, I n, :5";' P, c'."', c ��t 0 n� S o n unless, suct 0 P op le, ra, tJ pe, rM t Ch "I e f lo, f P o Li. c e J41 o, era ta t s i,,,cin unde..r C-i va.J."id' perm,*t sjyl,,,,,ji. 3L le rt.l. icat e, 0 f inspection and roval, P 11 S*, I 81 41 FALSE CERTIFICATES, A No p le rso n s i ar� I, im, ak, eel k n, ovv, -i. n g y u ss le a n y is s,,u e, o r t 4, M of an of I c a. c le r ti f *1 c at, " 0 o f n sil p e c t 1 ot . ... . ...vall ,P No ,e r s, on " sl�'i a 11' If d i s, pI y WWW a u, :r.-, c za, s le or p e r:in I" Kill, iyed up( a 1L y c d s p I z, n n y ye C'I e a n rtif ca t le 0 f 3, n s, p le c -t if, ofn a n, d ei p p r, o v la, k ti ovv i,,. n g t It 6 s latI I le t o b e f,x.cti.tious 01171 i".sstifed for al:nlotil* lv,(Iu*clfc-,,� or 1 s S, Uf 01111, IIIV IA 110 I.j a den qu a t Ji�m r"i s, p le c Yi hav g b e. n aAk ARTICLE 20. Penalties and Procedures SEC. 1. SUMMONS OR CITATION There shall be provided for use by authorized police Officers a form of summons or citation for use in citing violators of those traffic laws which do not mandate the physical arrest of such violators. SEC. 2. SEVERABILITY If any provision of this Code is held for any reason invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Code. SEC. 3. PENALTIES Unless otherwise provided for elsewhere in this code, any person convicted of a violation of any section or provision of this code shall be punished by a fine or not more than One Hundred Dollars ($100) or five (5) days' imprisonment for the first conviction; not more than Two Hundred Dollars ($2.00) and/or ten (10) days' imprisonment for the second conviction of a second offense committed within one (1) year after the date of the first offense; not more than Five Hundred Dollars ($500) and/or thirty (3) days' imprisonment for the third or subsequent conviction of a third or subsequent offense committed within one (1) year after the date of the first offense. 6-138 SCHEDULE 1 - INTERSECTION ARTICLE 7, Sec. 1 HAMAKUA 1. Entering the Paauilo School Road intersection from the Paauilo School Park Road, when the one-way traffic system is not in effect. 2. Old Mamalahoa Highway at Kalopa entering Paauhau Sugar Company Road. 3. At the southwest and southeast corners of the intersection Mamalahoa Highway and the plantation road near the Paauhau Sugar Company manager's home. 4. At the intersection of Lehua and Plumeria Streets facing the makai bound traffic on Lehua Street. 5. At the northeast corner of Mamalahoa Highway and the plantation road near the Paauhau Sugar Company manager's home. NORTH HILO SOUTH HILO 1. Entering Alae Street from Kamakaohonu Street. 2. Entering Haili Street from a southerly direction from Halai Street. 3. Entering Kahaopea Street from Maikai Street. 4. Entering Kekaulike Street from Shipman Street. 5. Entering Keokea Loop Road from Apapane Road. 6. Entering Laimana Street from Alae Street. 7. Entering Lanihuli Street from Lei Street. 6-Sch 1-1 8. Entering Manulele Street from Oliana Street. 9. Entering Ponahawai Street from Punahoa Street. 10. Entering Ululani Street from Kukuau Street. 11. Entering Kamokuna Street from Laehala Street. 12. Entering Kamokuna Street from the unnamed road which passes through James Kealoha Park. 13. Entering the intersection of Pohaku and Kukila Streets from the south end of Pohaku Street. 14. Entering Hualalai Street from Ululani Street. 15. Entering Ululani Street from Hualalai Street. KAU KOHALA 1. Entering Kamuela-Kawaihae Road from Kawaihae Park Road at Kohala. 2. At the Puako-Kawaihae-Rockerfeller junction, entering the Hapuna Bay Access Road (Hawaii Project No. G-3257-01-60) at South Kohala, from the Old Puako-Kawaihae Road, moving in the Kawaihae direction, except on right turn movement when such movement may be made with care to avoid collision. 3. Entering Hokuula Road from Lindsey Road. 6-Sch 1-2 KONA 1. Konalani Street into Ala Keanawai at Kailua-Kona. 2. Entering the intersection of Palani Road and Alii Drive from the northern approach of Alii Drive (from the direction of Kailua Wharf). 3. Entering the intersection of Palani Road and Kuakini Highway from both approaches of Kuakini Highway and the makai approach of Palani Road. PUNA 1. Entering the Kurtistown Homestead Road (Post Office Road) intersection from the 13 -Mile Road (Filipino Graveyard Road) in Kurtistown, Puna, Hawaii. 2. Kalapana to Honolulu Landing Beach Road entering Kapoho to Kapoho Lighthouse Road (ER8[8]). 3. Kapoho Lighthouse Road (portion of ER8[11), entering the Kalapana to Honolulu Landing Beach Road. 4. Entering Mahiai Road intersection from Amaumau Road from a southwesterly direction. 5. Entering Olaa New Tract Road from Peck Road. 6. Kaniahiku Subdivision. a. Entering Kaulalaau Road from Pualaa Road. b. Entering Kauilani Road from Kaulalaau Road. 7. Kaniahiku Houselots. a. Entering Halelo Place from Naele Road. b. Entering Halelo Place from Make Way. 6-Sch 1-3 S. Entering the Kapoho-Kalapana Coastal Road from the eastern leg of the Pahoa-Kalapana Road at the triangular intersection between the Kapoho-Kalapana Coastal Road and the Pahoa-Kalapana Road. 9. The westerly leg, Kalapana towards Pahoa lane, of the Pahoa-Kalapana Road at the triangular intersection between the Kapoho-Kalapana Coastal Road and Pahoa- Kalapana Road. 6-Sch 1-4 SCHEDULE 2 - THROUGH STREETS ARTICLE 7, Sec. 3 HAMAKUA 1. ILIMA STREET. 2. LEHUA STREET, from Mamane Street to Pakalana Street. 3. MAILE STREET. 4. MAMANE STREET, except at the Hawaii Belt Road. 5. OHIA STREET, except at Mamane Street. 6. PAKALANA STREET, from Mamane Street to the Hawaii Belt Road. 7. PIKAKE STREET. NORTH HILO 1. KILAU HOMESTEAD ROAD in Laupahoehoe. SOUTH HILO 1. AINAKO AVENUE, from Kaumana Drive to Waianuenue Avenue. 2. AINAOLA DRIVE, from Kawailani to its end in a westerly direction. 3. ALOHALANI DRIVE, except at Haihai Street and Kaunaloa Street. 4. AMAUULU ROAD, from Wainaku Avenue to its end. 6-Sch 2-1 5. AINTDREWS AVENUE # 6B, FE' AJ,sE AVE' R IZUE. 7 BAV'4,Y"Ali D,lzj.VE,, froilli Aala,puna Street to Kalan,ianaolc,s! Street. JAI SIT HAII frc>,iii Kinoole� Stx,eet to 'the A-inaola Drive 9 IIA I L I S TI F E T ram K a". no o 1. e S,, et, to llala.i Strec--.it. E 11' f rol,11111, Halai to Wai a inui e,.,ri. u eT. enue 1016, IlALA I S, T, 1111"" except, Ei,t. StreeL-. from a soutll,,erl (Puna,') a t P u n a hen, 1, e S r e el t f rom a nor-therly (l-1,a,!malkua,') d]`l,.r,ect,J.'0111l, HEMA STI'��El,,:']Tll cXcept at Kaplolzini'- S tr e e, t 12. HINANO SJ'ITREET, e,xc�pt at PiAl, I I<,ek,u,,a,:na,,o,a and L an *1 ka,, u 1 a S t r e ets 13,au e 1101"'U" STIZI-]ET, from, KI .a .1 'to, Rinoo,lcA, Street,, 114 1,,-.103�014UA- STREET from P Strc.,.l:c-.,%t to, Makac- a 1. a S, t r e et. 1, le, i la u e�, a Ahv e nlux e 't 0 I<li n o 0 1 e S t r e e 5 1-1,UAL�P, L, A I S T R,E E, T f'r om, 16 10 S T RE E T PUla- STRI]-mll,,,'�' 17 :1 _JT KAJ-JAOP E A, S! RE ET e x c e P t a. t,, Ki n oo I e Ki la u e a, a n d FKanolle KAA, I I T c�11`1 I S, T 1? E E T f rom K arn e h am ai Av e, nuc-,,,! t, o Aa, 19* lapuna Stre,et. 20 MlULLANI STIFZ,.EE'h'T,, from Walianue,!,nue Avenue to its eri!,-,d* 21, to li,ts end, "KA I W I IKI ROJ`-Ml friorri Mamalal-iioa 11, S"TREET,, f'rcu, Avenue to iitcs end, 2 3 "Ill KO A S El 17, e x c e A pt at Kc�'kuiaiiaoa, S t r e c: t 24 A )`M—EENUE, from Waiilvilk-i i D ri'.v c 't o K a I a,,n,,j. a a ol e Street,, except, t lc�l t "' f r cm a. rior t1l),,c..i "1- co) 6-'�� sth'i A'Vi.;j1.J'.TUE f ram, YK',amp,�hara.ewha Avc-,nnu t ts 2 5, IKAN)(), EI]AIJILIA"", e''ndd i-ri thc,,!soi irt he, r 1 y, d, r e c ti, c), n, 2o KAPAKAI STIZEE1,11 .:�xcept zat Hai'hai". S, tr ee t 27 ",ts", and, , KAPIOLAIIiI STRE'Erl",," f, onzilia wadi , rom, P Street to 'i in a south,earisterly d1l r e ction 0 2, 8" ""AVENT JE. M, 2 9 KAUTMANA, DRIX711 from, H.Ji-lo Country Club Roa I Wa.iaxiuenue Avcmue 3 0 MJ<AIJNAI.,sOA STREETI, 31 KAVIA I I" I S T IZE E T I IJ from Kil"in-)o1en, S,',L-reet to I'Lts end kin a westerly direction. 32 XMILI STREET from Avenue to KjLlauena, t. a-"vt Mamono Street r C;r a Ave nI ' e I u, Dr'v,e to 33, P f ron.- Wa, I u"I exc,(-,,*pt at Wa,.i*.an:uej,,iue Avenue. K A 34! Im, STRETIET f rorn, Klilauc,-,a Avenue to Yanoelbua Avcmvie. ha, S, t r c et 35 YU Ii7UJEAAVETSITIJE f rai,�n 11 1 S t e e t t o 1-11'a, except, at Manito Slitr,c-A,,e -t 0,1 rom K -z ,iehameh a Av(-,-%,nue to 13anycan Drive,, ,36 KIWI,-J'At A S IF OF 37. 1KI-TOOIX STr ET, f roin, Wala, rm u7muc' Avenue, tio lla.ihai'. 51''treet'. 1 38,411 MJAWA STPJ]ET, from Manon,o Street 'to Kan.oelehua Avennu,e, 39 1<111`'IJAU STIRT,,'j'1]7.T,, froni, 1".,l,'�apa.,01ani Street to end in 40 LAi''IM-NA ST"R CNX,,C',C N;pt at Airiz--t3eco Avei iuc,.,! a,:i,,-id Dni'v`e* I � - MI 41, c -! ,C:3 CNI "Lth the Hawall 41,01 C, s J o ri w. LAMA STRI J L.All except at It Be I th R,o zi d 42. LAN11('AULA, STI-�,EET,, f'ronm K"ilauea, Avc,.,r-i,u,e to JKa,noe,IeIr-w'a, Avc! xf"),,ue,. 9 A 43,09 LLA,'L',TKAPU STIUAE'n"" C"I`-IXCc,!p-t,I,I',, at Kc:-kuar-,o,a A. t 4 4 from, Avemuc 'to Mlamane- ,45,,o MAKAAl ST,RE,-1,�!T, froiiri Kaw,,ili Streic,',:,vt t.o, Ave'riun. r 46. c3XI c ': �'v te'risect-ic,"n, witll the MAI? -LIKI STREET,, at, kri flawzii.i-i. Belt Rozcl. 47., MAMO STREET frorn I e t,c> Kinoole Street,,, except at Psrcznwe Street, 14 4 4 8 14A, ONO S Tl,,ZE]ILJ K 't o K,a."w * 1 S tr,e et I't f r om I ameltz eha Ave, nue. LI I except at F'.eku,an,aoa, Strect zand Stree,,-t. Ll "pt at Pa,ii.pa-i. an,d Nbeau Shtrects 49 MIK1,01 STI E e, > CE3 5,06, M 7"' LI T Z I STI, 'E'T,, except at, `ell,;,"-u,ana,ola Stree�tLatn ill. Streetand P1 1'.1 Street., V 17' 51 �1,l al MOHOULI S 11 JR, F except at, lK Sltrec-vt. R ,.0 J -xcept a t, P 1 ir:)f 7-"t a a. n -d Oh u oh u S t r, e e s, 52,. NORAU S T S, t re e ��t pez 53. 01-HIJOHIJI e.-ccept at Kahac) 54 OPPlRJiTl0l14'!2 1"'OAD, Z-) 5 15,#, PAIPAI STI, 'ET,,, excel. i J-paa and, 0huohu Strecats., ,56. PAUA131 STFItElE T from KJA-a,,,vlea, Averme tO Av,em,ue. ''Wia,".1ola State, 5 . . . ...... J1,11%, fronm Karioel ehua. Avenue, tc) I Paxlk-,, Ro,adll ellx,cept at Mztno,,rio Street. 5,8, PILIPAA STREET,, exce 'pt at Ka'lazi-ojPlea, Street., POTIAHANIAI STREPET,, frcmirt K'I"noole-, Sftrc--,lct to, ItII 60f POOKELA from. Kanoo-Jel,"'ivia Avenue, to Makaala, Street, 6 1,,o, PUA AVENUE]. i o, n a wcs,tc-*:-Lly d.:-'rect,' 63,40" P'UNAl-ll`,.,LJ STF-El"'IT, J f rom, ll a, z,,ti -:1e,t to fro,m Strc ).r AJ 64. BISHOP STREET, from Kamehameha Avenue to Waiolama Canal. 65. PUUEO STREET, from Wailuku Drive to Kauila Street. 66. RAILROAD AVENUE, except at Leilani Street. 67. TERRACE CIRCLE, except at its intersection with Terrace Drive. 68. TERRACE DRIVE. 69. WILDER ROAD. 70. ULULANI STREET, from Ponahawai Street southeasterly to its terminal, except at Hualalai Street and Wailoa Street. 71. WAIANUENUE AVENUE, from Akolea Road to Kamehameha Avenue, except where it intersects Kaumana Drive. 72. WAILUKU DRIVE, from Kamehameha Avenue to Kaiulani Street, except at Keawe Street and Wainaku Avenue. 73. WAINAKU AVENUE, from Mamalahoa Highway to Wailuku Drive. 74. KOMOHANA STREET, from Kawailani Street to Waianuenue Avenue. 75. AREA STREET, except at Kaunaloa and Haihai Streets. 76. LOLOA DRIVE, from Hawaii Belt Road westerly to its end. 77. KUMULA STREET, from the west intersection with Kulala Street and looping with Kulala Street, except at the Kulaimano Homestead Road. 78. HALE NANI STREET, from Kapiolani Street westerly to its end. 79. HOOKANO STREET, from Kupulau Road to Hoolaulea Street. 80. NENE STREET 6-Sch 2-5 KAU 1. HINANO STREET, except at Huapala Street. 2. HUAPALA STREET, except at Pikake Street. 3. ILIMA STREET, except at Huapala Street. 4. KAMANI STREET, except at Pikake Street. 5. MAILE STREET, except at Kamani Street. 6. OHIA STREET, except at Kamani and Pikake Streets. 7. PAKALANA STREET, except at Pikake Street. 6. PIKAKE STREET, except at Mails Street. 9. PUAHALA STREET, except at Pakalana and Kamani Streets. 10. PUMELI STREET, except at Puahala and Pakalana Streets. 11. OHAI ROAD, except at the Mamalahoa Highway and Kukui Road. 12. KUKUI ROAD, from the Mamalahoa Highway northerly to its end. KOHALA 1. THE KOHALA MOUNTAIN ROAD (Route 250A) from the Waimea to Kawaihae Road intersection to the Niulii-Mahukona Road in Hawi except at the Hawi approach to the Kynnersley Road intersection. 2. THE HIGHWAY known as the Niulii-Mahukona Road, from Mahukona Wharf to Niulii in Kohala. 3. KYNNERSLEY ROAD in Kohala, from its intersection with the Kamuela-Hawi Road to the Niulii-Mahukona Road. 4. THE WAIMEA TO KAWAIHAE ROAD from the Mamalahoa Highway at Waimea to Kawaihae. 5. PUU NANI DRIVE, from the Mamalahoa Highway northerly to its end. 6-Sch 2-6 6. PUU NANEA STREET, from Puu Nani Drive northerly to its end. 7. LINDSEY ROAD, from the Waimea to Kawaihae Road to Hokuula Road. KONA 1. ALII DRIVE, from Palani Road to Keauhou Beach in Kona. 2. THE HIGHWAY known as the Middle Road, from Kealakekua where it intersects the Mamalahoa Highway to Keokea where it again intersects the Mamalahoa Highway in Kona. 3. KUAKINI HIGHWAY in Kona, from Mamalahoa Highway to Palani Road. 4. PALANI ROAD, from the Hawaii Belt Road to Kuakini Highway. 5. PLUMERIA ROAD, except at Royal Poinciana Drive. 6. ROYAL POINCIANA DRIVE, except at Alii Drive. 7. CAPTAIN COOK ROAD, from the Mamalahoa Highway easterly to its end. S. HIND DRIVE, from Captain Cook Road northerly to its end. 9. HAKU NUI ROAD, from Hind Drive easterly to its end. 10. SEA VIEW CIRCLE, within Kona Sea View Subdivision, except for approximately 230 feet of the road from its access at Kuakini Highway. 6-Sch 2-7 PUNA 1. HAUNANI STREET, at the Volcano. 2. THE HIGHWAY known as the Keaau to Kapoho Road, from its intersection with the Hawaii Belt Road in Keaau to Kapoho. 3. WRIGHT ROAD (FASP S-253 [1]). 4. THE PAHOA-KALAPANA ROAD, from the intersection with the Pahoa-Kapoho Road to the National Park Entrance, except for the "Stop" intersection authorized by PUNA (Nos. 8 and 9) in Schedule 1. THE HAWAII BELT ROAD. THE HIGHWAY known as the Saddle Road, from the Country Club Drive in Hilo, to the Mamalahoa Highway at Kamuela in Kohala. MAMALAHOA HIGHWAY, from the 4 -mile Bridge by way of Puna, to the Honolii Gulch, except where it intersects the following: Kanoelehua Cutoff Road. Mamane Street in Honokaa. The Hawaii Belt Road. Kahuku Camp Cutoff Road. Honohina Village Cutoff Road. Honomu Village Cutoff Road. Honokohau Cutoff Road. The Keaau-Pahoa Road. 6-Sch 2-8 SCHEDULE 3 - TURN RIGHT ANYTIME WITH CAUTION ARTICLE 7, Sec. 7 HAMAKUA 1. At the northeast corner of Mamalahoa Highway and the plantation road near the Paauhau Sugar Company manager's home. NORTH HILO SOUTH HILO KAU KOHALA KONA PUNA 6-Sch 3-1 SCHEDULE 4 - PRIMA FACIE SPEED ARTICLE 8, Sec. 4 THIRTY-FIVE MILES PER HOUR 1. Haihai Street 2. Kawailani Street --from mauka terminal to Kinoole Street 3. Puainako Street --from mauka terminal to Kinoole Street 4. Mohouli Street --from mauka terminal to Kinoole Street 5. Waianuenue Avenue --(amend) from mauka terminal to Halai Street 6. Ainako Street 7. Lanikaula Street --from Kilauea to Kancelehua 8. Kekuanaoa Street 9. Kinoole Street --from Haihai to Ponahawai 10. Komohana Street --from Ainaola to Puainako 11. Kaumana Drive 12. Wainaku Street 13. Kaiwiki Road 14. Kalanianaole Street--Kamehameha Avenue to Kuhio Street FORTY-FIVE MILES PER HOUR 1. Komohana Street--Puainako to Punahele 2. Kalanianaole Street --from Kuhio Street easterly to its terminal 6-Sch 4-1 SCHEDULE 5 - SPEED LIMITS ARTICLE 9, Sec. 5 TWENTY MILES PER HOUR 1. Anderton Camp Road in Papaikou, from the Mamalahoa Highway for a distance of 1,700 feet in the mauka direction. TWENTY-FIVE MILES PER HOUR 1. All streets within the area bounded by Kamehameha Avenue, Ponahawai Street, Kinoole Street and Wailuku Drive. 2. All streets within the Lanakila Homes area, except for Kapiolani Street. 3. Pakalana Street in Honokaa from a point 400 feet mauka of Kukui Street to Mamane Street. 4. Palani Road from a point 1,000 feet mauka of the Kailua-Kawaihae Road southwesterly to Alii Drive. 5. Alii Drive from Kailua Wharf to the Kailua-Keauhou Middle Road (in the vicinity of the Kona Hilton Hotel). 6. Wiliwili Street from Kaumana Drive to Uluwai Street. 7. Access road to Laupahoehoe Beach Park. 8. Kukuau Street. 9. Mamane Street from a point 400 feet Waipio of Nienie Bridge to Ohia Street. 10. Waianuenue Avenue from Halai Street to Bayfront Highway. 11. Konawaena School Road from Mamalahoa Highway to the school. 12. The Kailua-Kawaihae Road, from a point 1,050 feet south of the Keahole Airport Access Road to the Access Road. 6-Sch 5-1 13. Plumeria Street in Honokaa from Hawaii Belt Road 6-Sch 5-2 entrance to Lehua Street. 14. Lehua Street in Honokaa from the junction of Lehua and Plumeria Streets to Mamane Street. 15. Road to Honokohau Small Boat Harbor, beginning at the Kailua-Kawaihae Road, for a distance of approximately one (1) mile. 16. The following streets within the Naalehu Subdivision, Third Series, in Naalehu, Ka'u: a. Kukui Road from Mamalahoa Highway to Ohai Road. b. Melia Street from Kukui Road to Milo Road. c. Milo Road from Melia Street to Kukui Road. d. Ohai Road from Kukui Road to Mamalahoa Highway. e. Nahele Street from Kukui Road to Ohai Road. f. Lokelani Street from Kukui Road to Ohai Road. g. Kilika Street from Kukui Road to Ohai Road. h. Opukea Street from Kukui Road to Ohai Road. 17. The following streets within the Naalehu Subdivision, Fourth Series, in Naalehu, Ka'u: a. Niu Road from Poha Street to Mamalahoa Highway. b. Poha Street from Niu Road to Maia Street. C. Maia Street from Niu Road to Poha Street. 18. The following streets in Pahala Village, Ka'u: a. Maile Street from Kamani Street to the Pahala Community Clubhouse. b. Kamani Street from Pikake Street to a point approximately 250 feet east of Koali Street. c. Ohia Street. d. Lehua Street. 6-Sch 5-2 e. Huapala Street. f. Hala Street. g. Hinano Street. h. Hapu Street. i. Ilima Street. j. Hau Street. k. Pikake Street. 1. Puahala Street. M. Pumeli Street. n. Pakalana Street. o. Kou Street. p. Kaumahana Street. 19. Mamalahoa Highway in Papaikou from Yoshiyama Store to Kalanianaole School. 20. The following streets within the Mohouli Subdivision in Waiakea, South Hilo: a. Kumukoa Street, from Mohouli Street northwestward (Hamakua) to its terminal. b. Popolo Street, from Mohouli Street northwestward (Hamakua) to its terminal. c. Hoopuni Street. d. Iloko Street. e. Hilina'i Street. 21. Lihiwai Street in Hilo from Kamehameha Avenue extending through Liliuokalani Park and to its terminal at the intersection with Banyan Drive. 22. Banyan Way in Hilo from Kalanianaole Avenue to Banyan Drive. 6-Sch 5-3 23. Banyan Drive in Hilo. 24. The following streets within the Keauhou Bay Resort Area, North Kona: a. Kamehameha III Road, makai of Alii Drive. b. Holua Road. C. Ehukai Street. d. The unnamed south access road (Access Road B) from Alii Drive into the Keauhou Bay area. e. The cul-de-sac street off Kamehameha III Road in Area 5. 25. The following streets within or in the vicinity of the Alae Point Subdivision, South Hilo: a. Nahala Street. b. Makakai Place. C. Kahoa Street. 26. The following streets in Hualalai Villa, Hilo: a. Hale Nani Street. b. Hale Nani Place. THIRTY MILES PER HOUR 1. Haunani Road at Volcano. 2. Aupuni Street from Pauahi Street to Kilauea Avenue. 3. Mamalahoa Highway, from Honokohau (Palani) Junction to the Keauhou Junction, Kona. 4. Kilauea Avenue from Ponahawai Street to Lono Street. 6Sch 5-4 THIRTY-FIVE MILES PER HOUR 1. Manono Street, from Kamehameha Avenue to Piilani Street. 2. Mamalahoa Highway in Waimea, from a point 4,000 feet Kona to a point 5,500 feet Honokaa of the intersection of the Waimea to Hawi Road with the Mamalahoa Highway. 3. The Waimea to Hawi Road, from Mamalahoa Highway to the beginning of Project F.A.P. E 11A. 4. Kuakini Highway, from a point 500 feet south (mauka) of the Ala Keanawai intersection to Palani Road. 5. Hawaii Belt Road, from Kanoa Street to a point 200 feet Puna of the Waianuenue Street intersection. 6. Kanoelehua Street, from Kamehameha Avenue to a point 500 feet south of Pookela Street. 7. The Mahukona to Niulii Road, from a point 2,400 feet on the Mahukona side to a point 650 feet on the Hawi side of the beginning of Project S 203 (3) in Kokoiki, Kohala. S. The Mahukona to Niulii Road, from the west end of the Kahei House Lots to a point 1,325 feet on the Niulii side of the Hawi Road Junction at Hawi, Kohala. 9. The Mahukona to Niulii Road, from a point 350 feet on the Hawi side of the access road to Kohala High and Elementary School to a point 500 feet on the Niulii side of the end of Project S 203 (2) at Kapaau, Kohala. 10. Pahoa-Kalapana Road from a point 1,000 feet north (mauka) of the Pahoa-Kalapana Road and Kapoho-Kalapana Coastal Road intersection to the Kalapana School. 11. Kamehameha Avenue from Ponahawai Street to Kalanianaole Avenue. 12. The Keaau to Pahoa Road, from its intersection with the Hawaii Belt Road to a point .3 of a mile towards Pahoa. 13. The Honokaa-Waipio Road through Camp 10. 14. The Kapoho-Kalapana Road, from the Kapoho Light House intersection to Kaimu Beach. 6•Sch 5-5 15. Kilauea Avenue from Lone Street to Haihai Street. 16. Pauahi Street, from Kamehameha Avenue to Kilauea Avenue. 17. Mamalahoa Highway, from its junction with the Hawaii Belt Road at Andrade Camp Road towards Hilo to its junction with the Hawaii Belt Road at Papaikou in the vicinity of Kalanianaole School. 18. The Honokaa-Waipio Road, from the westerly side of the Kaauhuhu Homestead to the easterly side of the Kapulena Subdivision Unit 1. 19. The Mahukona-Niulii-Pololu Road, from a point 2,160 feet on the Hawi (west) side of the entrance to Halaula School to the Pololu Valley Lookout. 20. Palani Road from Hawaii Belt Road to Kuakini Highway. 21. On the Hawaii Belt Road, from the north access road leading to Hookena Beach southward to the beginning of Project No. BF -011-1(3) at Papa for the duration of the construction of said Project. 22. Hawaii Belt Road, from a point 4,000 feet west of the access road to Waipunalei Camp to a point 2,500 feet east of the Ookala Village access road. 23. Hilo Country Club Drive. 24. The Honokaa-Waipio Road, from a point 600 feet west of Camp 106 to the Waipunahoe Stream Bridge. 6-Sch 5-6 FORTY MILES PER HOUR FORTY-FIVE MILES PER HOUR 1. Mamalahoa Highway, between the villages of Naalehu and Waiohinu. 2. Volcano Road, in Mountain View, from a point 500 feet on the Hilo side of the Kulani Road to Yogi Road. 3. Volcano Road, in Kurtistown, from a point 300 feet on the Hilo side of the Iwasaki Camp Road to the 13-1/2 mile Homestead Road. 4. Hawaii Belt Road, in Papaikou, from a point 1,000 feet south (i.e., toward Hilo) of Kapue Bridge to Kalaoa Mauka Camp Road. 5. Hawaii Belt Road, in Ninole, from a point 420 feet from the Hamakua end of Waikaumalo Bridge to the Hilo end of SDA -3(15). 6. Hawaii Belt Road, from a point 1,200 feet on the Hilo side of the Honuapo Landing Road to a point 1,600 feet on the Naalehu side of the said Honuapo Landing Road. 7. Saddle Road between the Hilo Country Club road and the Mamalahoa Highway in South Kohala. 8. Hawaii Belt Road, in Papaaloa, from the Honokaa side of Kihalani Bridge to the Hilo side of Moanalulu Bridge. 9. Volcano Road from Wright Road to the Hawaii Volcanoes National Park boundary. 10. Hawaii Belt Road, from a point 700 feet west of the intersection of Plumeria Street with the Hawaii Belt Road to a point 1,200 feet east of the intersection of Lehua Street with the Hawaii Belt Road. 6-Sch 5-7 11. Hawaii Belt Road, in Kona, from the end of FAP 8-G (Captain Cook) to the beginning of FAP 8-D (Honaunau). 12. Hawaii Belt Road, from a point 500 feet Hamakua of the Wainaku cut-off road to Kanoe Street. 13. Hawaii Belt Road, from a point 400 feet on the Hilo side of the Hakalau Bridge to a point 700 feet on the Hilo side of the Chin Chuck intersection. 14. The Waimea to Hawi Road, from a point 200 feet Hawi of the access road to the Hawaii Preparatory Academy to the beginning of Project FAP E11A. 15. Kawaihae Road, from the Waiaka Bridge to an existing cattleguard 4,320 feet makai on said road. 16. Hawaii Belt Road, in Keaau, in the Hilo direction, from the Keaau Mill Road to the Slaughter House Road. 17. The Honokaa-Waipio Road, from the Waipunahoe Stream Bridge to Nienie Stream Bridge except through Kaauhuhu Homestead, Kapulena, and Camp 10. 18. Hawaii Belt Road, in Paauilo, from 200 feet Hilo of East Paauilo Bridge to a point .2 of a mile Honokaa of the Paauilo Access Road. 19. Mamalahoa Highway in Waimea, from a point 500 feet Honokaa of the old CCC Camp to a point 5,500 feet Honokaa (Fukushima Store) of the Waimea to Hawi Road. 20. Mamalahoa Highway in Keaau from Milo Street to the lower Keaau Connection. 21. Ke Ala O Keawe, City of Refuge Road, from the Hawaii Belt Road at Keokea Junction to the junction with Puuhonua Road. 22. Hawaii Belt Road, from a point 800 feet west to a point 1,200 feet east of intersection of Lehua Street with the Hawaii Belt Road. 23. The Hawaii Belt Road in Keaau, from a point 900 feet south of the Pahoa Road intersection to the beginning of the inbound lane. 6-Sch 5-8 FIFTY MILES PER HOUR FIFTY-FIVE MILES PER HOUR SIXTY MILES PER HOUR SIXTY-FIVE MILES PER HOUR 1. Hawaii Belt Road, from Paauilo to a point 700 feet east of the intersection of the Honokaa Access Road [FASP 5-238(1)] with the Hawaii Belt Road. 2. Hawaii Belt Road, from a point 700 feet west of the intersection of Plumeria Street with the Hawaii Belt Road to Mud Lane. 3. Hawaii Belt Road, from Papa to Kahuku. 4. Hawaii Belt Road, from the southern boundary of the Hawaii Volcanoes National Park to a point opposite the 50 -mile post. 5. The Kawaihae-Mahukona Road, from a point 1,000 feet south of Honokaa Bridge to a point 250 feet south of the access road to Mahukona Harbor. 6. The Kailua-Kawaihae Road, from a point 750 feet north of the access road to Honokohau Harbor to a point 1,050 feet south of the Access Road to Keahole Airport. 6-Sch 5-9 ETS "I ONE -W7, STREE9,,"Sl' FURTTEAU>""�' 'S.1TRJ-:,11Ei1T,,,, A'1.1'. vebi'cular traf f ic s1ial,l, rnov,e If, I() r,,,fIrn, "ka' to rri,,,auka between kOeawe S-L,re,et and 1CZillau(,*ia, Averauc,.,,;%�,, ,anid m,&uka to, rri,akai- be,twee:n KeII-,,,'we Street ar",id Avenue. 2 1,-1A'ILI ST",1"ZJ',`3'ET, All cular, tra-f f 11"c 0. sh&ll r,,riove only from v e 1"i gni aka. to rna.i,i-kIIS , etweenn fAve-',.Inue an,d Halzu'L tr'e,el: b e twe e ii, th,e° h o u r s c) f 7 115, zi,, ui an r. `r. 8: 0`I a m o n,, s cb o o I days V 3. 1 LA I S, T R All 've,1 cu I ar tra f f'i c s1h a, ",11 mo,vIe on ly 0, f::rom Puin,a to,,� lic--unakua, 'between Ha-"21"Ji', Stre,e�"'I and Wa-iar),ue"riue Ave.riucNif the 1'`ioulrs of 715 and E3#00 a.Tzrt. on '-s"'Cli 010 1 d ay, si, p U .- t r a. f f 4. K M. 11 1 WE All veh'cu -ar sl A. move on'ly ik, I f Ih,'a.'rnaku,,a to Punz, 'betwici-en Strelet and Keawe Street., I[" � I I I., 5. KU'l?"I"JAIT, ST1,R',,.1'ET,. A.11 cular traffi,c--%,sh,al,l �11,rIove ori,ly I, r ionri., m I. a, ��t, c) m,, au,'k a b e twc--.,j!� cil� n, KJ*- '.1i-auezba Ave'i�:i,,ue and, I<Ji"".nool e Street,, rrioove oritly, 6, MMA TAHO,A H'I G Ff"WiPP IN ALI vehi cu, I a r �t: r, a f f 3 1 ... I. c ci from� H1a:iuiakuz;,i to Puria betwee,n ��the 01,d Vol-ciano Ro,ad 1.O-,,-ad,,i1",,ng 0 I Tuberculosiz ter and ITAP E", 2, (S) (Kano e I eh,ua Stre,et, Ex,-�Lclnsiorill) . 7. NAIVIA1,111" 1",'iMM"4E. All 'veh,i, culiar traffic shall., move only frolft rivale,,'al to riiauka, between, Av'eri,ixe. a.nd,,,, Pwlah,oa Street# 8 WA'VENUTE'.1 All. voeli-INI",cular tra,,-r-'f1"'c' sulivall, move onmm ly 1,01 AIZURMIZUE m �u-n,,eh,,am,e'ha aukia to maka-i" beturel,en .1, a, zma, Dr-ive and Kz. Averi:uel betwe,enri t1rie hour's of 7:15 a.m, and 81:-00 a,.m., on school dzy;L ,9,* KAPIOLANI ST]."'Z E'T.ve"Icular tra,ffi'lc shl,a,-11 I'TA,,ove only from to th,,,e Puria directl".0111,71, between Po,n,ah,awa,1 Stre,et a,nd Aven'ue, b,e4L'-.,W(-,Nen tI'ie hours of 5.010 a.M., ,rm,00 noo,n on Surid, ys,. ai d 12 6-5ohi 6-1 10 A 06 111 F t v " 10, N'l. ALl � "A V, j-,)ortion of DERBY S1TR1!`1j,,1,1"j1' ann,d Sri F$ 1, E "4 )111y out (Maull to, rn,a3'cal"), A -- I c'u.1 zi 171C)"Isl ir 1.,n,to K-ilauea Avic?nuic"!, )Dietw( en, Ba,rcn-,na)1,,.-),,a Sitireet Avenue ,i, r .11 f!PF,A AT YUI All vc .1cuLl. j0 C 1�10,0 L I GAD L a 1, d- l wir, from Ynnaulka t, o mali , i ,: i rectliilt,, betweez-,n t1ile Paa,0 Schooll Parl F,-)a�,d and ME., nnalal'hoa, diu,ring, the- h,,o:u,r,s, I Y "ll"ind 1- 4 5 -00 #- 15 za, . mu 'to 8" 15 a, l p m. o 11 scho ol, da y s, 12 p"A-AWIL0 Sic!"10,0L PARI,,,Is. RGAL). A 1 llvehliculax trzilfic is"hia".1.1 move, , y fri; lom fir,to ll -lo id-Iracta.,on betlyo,�reen, the Palatu'lo 11 o ITI, -)'t -a d 11-?Zoad, and thc,,�� Pt au-i'lo School Road d-uri,ng thic--,A,. to 3 0 0 p., m, -15 a.,,1m1W la,nd 1 4:1) ato 8. hotu., 0 7 15 is, h � I 1 13, PU NAHELI S T 1`,Uj�,E T traiff'' c s] -)all r JL, nlovc tio n:tau'l�,a betv,,!,een Flatlai. S-tre'N"et ai,-id, 1,7,�ialumana Drive be,tvileen the hours froui, 7."15 ar.m. to 84-00, a.1n., c,lb 0 01 On d,'ays MAMA147ill, ,A 1111,C-21,'' ��,iAY in Palau,311-1o, All vchiculax traffic shall i -o d3' rection, blatween, MIGive only fncm the Ho,i.i,c- ,a 'to d o "a,t]l�l ic Chit,trch t" hue, Cvi, -t o f f '0 the I alo, sla".i,d'e Of tll-e C J III, G FFR,-,1."Ay in N":'i,.nole, ve,.h.1''clulicair traff"i is 'h ..,,all. move, only frlolm� t,l,,I,.,e HJL'12-o to Eama,'11:ua- 16. 1,11,A11AII BELia' FZDAD, between Kea atu Vi,,llpi,ge Acces,,s Ro,ad, an thet, no,r-tli le,l of Keaau Vlliage (Stat,i'on 1.080 35 FAP No*, F-011-2 21 to 113-ntersection al I amalahua, Highwzi�,y &,nd Makali",'I�a Street, in 1`11"I.o., All vehicu,'I.ar traf,lc, jipile only the Hil" 1lo K' dw-i'rectionmcauka lanes, and, f rorci, th, Ke:,aa,u to 11JLjwLo d -l".11 Ire c.*t lorl M,,i t1ile, im,aka,"' lanels, I , 0 17. LIKANA IANE in AIJ vci,hiculzix, triaffJ-c 0 ov(.-,-1, only fircy'm the sou.th; to 'the nort'lierly id1r,cacti"Lon'l 1,110IDMA ZBE', J." c ulzi- r 1'.: r a f -IJA, STP All v cri i c �:,;'h-al. l M, 10, v e cin, I y f -bvrcl�l rcxal( i I$ I W M,a, a, "i strect ay,"iid Popolo, 19 A ST IRE4 E0, 1 Hoivi,,. oil k All vic%�h..,-L`cular 't.ra'ffic sil)"i..1, M10VIC!, id-i-rect," 1101*1 0,11 O'litia Strec', c, 'bi( t,w1eic--,,-n,, Str,0-.:,,,,et ian,ld, Oil-)) -i"ll '--1 (3Rk kt,,rcc,.ht.. i 20. PAKALANA STREET in Honokaa, Hamakua. All vehicular traffic on Pakalana Street between Kukui Street and Kamani Street shall move only in one direction from Kukui Street to Kamani Street between the hours of 7:30 a.m. to 8:00 a.m. and 2:00 p.m. to 2:45 p.m. during regular school days of the Honokaa High and Elementary School. 21. All traffic southerly on ALII DRIVE from Palani towards Hualalai. 22. KEKAULIKE STREET. All vehicles shall move in a Hamakua direction from Waianuenue Avenue between Waianuenue Avenue and Wailuku Drive. 6-Sch 6-3 SCHEDULE 7 - ESTABLISHED CROSSWALKS ARTICLE 12, Sec. 1 HAMAKUA 1. Mamane Street, in front Of the People's Theater in Honokaa. 2. On Pakalana Street, 145 feet mauka of Mamane Street intersection near the Honokaa Swimming Pool. 3. Pakalana Street, makai of Kukui Street at the Honokaa School entrance road. 4. Hawaii Belt Road [Proj. DF -019-a(5)] in Paauilo, on the Honokaa side of the Hamakua Mill Road. 5. On the Kukuihaele-Honokaa Road in front of the Kukuihaele Store. 6. Hawaii Belt Road [Proj. DF -019-2(5)1 and Mamalahoa Highway in Paauilo, on the Honokaa side of the intersection of these two highways. 7. On the Honokaa-Waipio Road in Camp 10, opposite Lots 5 and 15. 8. Pakalana Street, at Honokaa School fronting the Administration Building. NORTH HILO 1. Mamalahoa Highway, in front of the Papaaloa Theater. 2. Mamalahoa Highway, Hamakua of the Ookala School. 3. Hawaii Belt Road in Ninole, on the Hilo side of the Mamalahoa Highway (Ninole Cut-off Road) intersection. 4. Mamalahoa Highway in Ookala, on the Hilo side of the Kukui Village Road. 6-Sch 7-1 5. Mamalahoa Highway in Kihalani, on the Hilo side at the entrance to St. Anthony's Catholic Church. 6. Mamalahoa Highway, on the Hilo side of the Milo Village' Road. SOUTH HILO 1. Mamalahoa Highway, in front of the Honomu School. 2. Mamalahoa Highway, in front of the Hakalau School Gym and entrance. 3. Kinoole Street, in front of the Waiakeawaena School. 4. Pus Avenue, on the mauka side entrance to the Keaukaha School. 5. Desha Avenue, at the front entrance to the Keaukaha School. 6. Waianuenue Avenue, in front of the Hilo High School. 7. Kaumana Drive, in front of the Kaumana School. 8. Waianuenue Avenue, in front of the Piihonua School. 9. Ululani Street, between St. Joseph's High School and St. Joseph's Elementary School. 10. Kilauea Avenue, in front of the Hilo Hongwanji Temple. 11. The Haaheo School Road, in front of the Haaheo School Garage. 12. Kilauea Avenue, Puna of the deceleration lane located at the Puainako-Kilauea Avenue intersection. 13. On the deceleration lane located on the Puna-makai side of the Puainako-Kilauea Avenue intersection. 14. On the acceleration lane located on the Hamakua-makai side of the Puainako-Kilauea Avenue intersection. 6-Sch 7-2 15. Hawaii Belt Road, 775 feet Hilo of the Hakalau Bridge. 16. Mamalahoa Highway, in front of Kalanianaole School. 17. Waianuenue Avenue, a single crosswalk serving both the Hilo union School and its annex. 18. Kamehameha Avenue, midway between Kalakaua Street and Haili Street. 19. Mohouli Street, at Kapiolani School. 20. Manono Street, in front of the Civic Auditorium. 21. Pua Street, in front of the Church of Jesus Christ of Latter -Day Saints. 22. Waianuenue Avenue, in front of Piihonua Store. 23. Mamalahoa Highway in Papaikou on the Hilo side of the driveway to Papaikou Park. 24. Kaumana Drive, mauka of the Waianuenue Avenue intersection. 25. Waianuenue Avenue, mauka of the Kaumana Drive intersection. 26. Puainako Street, makai of the entrance roadway to Waiakea Intermediate School. 27. Kaumana Drive, makai of Chong Street. 28. Kilauea Avenue, in front of Waiakeawaena School. KAU 1. Mamalahoa Highway, Waiohinu of the Main Camp Road in Naalehu. 2. Mamalahoa Highway, in front of the Kau Filipino Tailor in Naalehu. 3. Mamalahoa Highway, in front of the Lily K. Auld Gymnasium at Naalehu School. 6-Sch 7-3 a, d, 4. malzilio,la, I'lirgIveva"v, W, oll", ,.i Dalry Ro, ry imu of' the T Z1, Old G,ovc,lr,,run,( nt Road.t1'-11,'7,o,u19,,r`h P,irk , _" Loop Road) of' J<at) 14,( at Ma,r,k,( t. io n, rly 6 111z"I'villEll 1 1`3- ro, t of Hutcl,"t,"' ., n s, Sugzar Compa" tiltd., Mil10, 3,00 feet towilards Voll-canc) f'roin; tlie 1:1bnuap,o V11i,,ar,f Accers Rcozd. K'011ALA 4 It 4 ol 1,6 nl 1.11 Ma!'hiu,k,o,;,.i,a Ro,a(,,,,.,I,, I'Ln frlc)n,t of 'the I c le C 1,n f ront of the Naimbu Botci in Kolhal a h" Tli 'I 'Iiia 1 Ro,ald, .111' n, f un,.t of tc 1 law, 3,. Kanva ela-1 7 Foad,4n, fron't of the Ep.iscopal scb-ool* .� Y%Zal''Al am ilalioa H:,Lgliway, "'n front of 'the entrzince to t" Hawi_ Road li, ntlersect:ion,# T4. lionomak"ai i, IZolad at KoiiYiala anci Elemeritaxy Sicli,00l, in the v "" c of th,e P,,qr'c'u_1t,'ure Bul"Id,i),1'g. -Lo,n of tlie Kamuela to 81 lip, ,ME ialahoa aut the lintersect.." Ra,,d fmom" O:TiL th,e rcsrant i. - .o U-ile, Kamui la PoliLc'e, Stat:'Lairi corliv, A frol,i,it o,f Liberty 14.axk1c%.t;, Sto,r'e. 41 10 jm, lie la- 1:11 ai vi, j.Ro f ront of thlc,Mofait onin Ila w,.'I"- .11 ka) o zi 1.1 1 amiuc la, 'R -i z - ,.o,, d (11 0 on il.a, s IiAc., of Wa.1 KONA 1. Mamalahoa Highway, in front of the Kona Theater. 2. Mamalahoa Highway, in Kainaliu, in front of the Kona Mission School. 3. Mamalahoa Highway, in front of the Kona Civic Center in Captain Cook. 4. Mamalahoa Highway, in front of the Aloha Theater. 5. Mamalahoa Highway, in front of the Alae School. 6. Mamalahoa Highway, in front of the Hookena School. 7. Mamalahoa Highway, in front of the Honaunau School. 8. Konawaena School Road, in front of Waipuilani School. 9. Konawaena School Road, on the Kau side of the Konawaena School. 10. Holualoa-Kailua Road, in front of the Kailua School. 11. Mamalahoa Highway, in front of the Kalaoa School. 12. Mamalahoa Highway, in front of the Honokahau School. 13. Konawaena School Road, at the entrance to the Episcopal Christ Church and Waipuilani School. 14. Mamalahoa Highway, in front of the Kealakekua Branch of the Hawaii County Library. 15. Alii Drive, in the vicinity of the Palani Road intersection. 16. Alii Drive, in the vicinity of the Likana Lane intersection. 17. Kuakini Highway, Palani of Hualalai Road. 18. Hualalai Road, makai of Kuakini Highway. 19. Mamalahoa Highway, in Holualoa, Kona, in front of the Holualoa Library. 20. Alii Drive, at Kailua-Kona, fronting the Kona Inn property. 6-Sch 7-5 21. Mamalahoa Highway in the vicinity of Ben Franklin Store in Kainaliu, Kona. 22. Alii Drive in Kailua-Kona, 40 feet north from the Islander Inn driveway. 23. Palani Road in the vicinity of Kealakehe School. 6-Sch 7-6 PUNA e e"�,aau to Pzalioa Ro.ztd, crac.: crols,awalk J.'ri, front Olf th 1<,e a a u, S ch ool 2. Olazi, tc,)]?,ahola R(-),a,d, iri,. front of the,S,'hJ*,,.J*.cjJ_, Stox7eat Plahoa Vil 11age,, 311 01, a,a to Paho zi. '1,?oa,d 01 1'ri f r ont of the Palio a S chool"Ll Plamala"I'ma in f,rorit of the Kurt"'stlo,vin, 1'.,),os,t Off" i c e .61 5l., Mwualahoa I-Ilighway', ''in fa_,ant, ,of" tiale Kdrtli'stown School. 1,n. front of Kedk,( alami, ScIl"'10"01. v uAl n fro,,Int, of, ther,, S 81# 14amalah,,oa H_*gIicwi_,iy at the C np Road 1"Tri, Mt. V' tw* 9.1 111ghway, i, n 01, a a, fromt o,f' the 1,Kcaaiii Sture. I 10 ,ie Hlicivnestead, Ro,,ad, l Pahoa, rmrth of the Pahoa, S lc),o1, drix-mvay'., Olaa,, oni tIi,,e Vilcano, s"de of Olzaa. Ball k (Japanc,wad isc Ne�vlz Czunp) roanA,, 1 2_41 Klaloh,e I-Tomestead Road n Pahoa, -ont of Pahoa, School 9 ymn;, a si lum, 13. 01aa to I<Iaj,>oho Road, Jn, Pahoa,, be,,,,tweem Mommlliltla Store, and, the Plzhaa, Post Office, 14. llawa,.il Exelt IZoaa 1`,Curtlstown, on, the Volcano si3idien: of Park za.au. alt t"he 9, 1/2 Milc:s Cmntp Road. 15., Havla.L r3o-.,,JILt 1101a,cA, in Kc. lj �V 't sovu,,,thwest of 16 1 fawa' 1`3 e I t, 1`1�,,oz.,i d ."'Ii., nnKi,i r , t c, t c n 35 0 f c* c) -ut tl.ic, old. Rz.,i,,'1rcz,c 171. 0J.. ca, a to r ig -it, - c), f -1,11 ay a, r.: r Y, K Brmvrli Parlr:, 'in rc n t of 11' I-Olt. K.aI,.aj.)an.a �tt tli,,c to, t1l, ,:)rx "rte 'J'19 I arki 0,, t III, EI., V(Acamo side of Lhe 19. Roza,dlf; IC cr:mtrairice to 11"arry „ LI I I Z SCHEDULE 8 - SAFETY ZONES ARTICLE 12, Sec. 4 HAMAKUA 1. On the makai side of Mamalahoa Highway, from the Paauilo Garage to the Paauilo School Road. 2. On the mauka side of Mamalahoa Highway, from the Paauilo School Road to the Hawaii Belt Road, Project DF -019-2(5). 3. On the Waipio side of Pakalana Street from Mamane Street to Kukui Street. NORTH HILO 1. On the makai side of Mamalahoa Highway in Laupahoehoe from the Honokaa intersection with the Hawaii Belt Road to the Kihalani Homestead Road. 2. On the mauka side of Mamalahoa Highway in Laupahoehoe from the Kihalani Homestead Road to the Hilo side of the cutoff road to the Hawaii Belt Road. SOUTH HILO 1. On the makai side of Mamalahoa Highway from the Spanish Camp Road to the Hakalau Store in Hakalau. 2. On the makai side of Mamalahoa Highway from Pua Lane to the Haaheo School Road. 3. On the makai side of Mamalahoa Highway from a point 200 feet on the Hamakua side of the Onomea Sugar Company office to the Hamakua entrance to Moirton Camp in Papaikou. 4. On the Puna side of Kukuau Street from Kilauea Avenue to Kinoole Street. 5. On the north side of Puainako Street from Kinoole Street to Komohana Street. 6-Sch 8-1 6. On the Hamakua side of Ainako Avenue between Kaumana Drive and the Ernest B. de Silva School entrance. 7. On the south side of Kawailani Street from Kinoole Street to Komohana Street. 8. On the east side of Kaumana Drive from Iiwipolena Street to Ainako Avenue. 9. On the south (Puna) side of Kaumana Drive from the vicinity of the entrance to Kaumana School to a point approximately 400 feet west (mauka) of Lauae Road, a distance of approximately 4,550 feet. KAU 1. On the makai side of Mamalahoa Highway in Naalehu from the Naalehu Trailer Camp Site to the Naalehu School. 2. On the south side of Kamani Street between Pikake Street and Puahale Street in Pahala. 3. On the south side of Kamani Street from the Kau Hospital access road and extending mauka for approximately 535 feet to the Old Government Road makai of Maile Street. KOHALA 1. On the north side of Niulii-Mahukona Road from the center of Hawi Village to the Bank of Hawaii in Kapaau traveling in an easterly direction. 6-Sch 8-2 KONA 1. On the makai side of Mamalahoa Highway from the Konawaena School road traveling in a northerly direction for a distance of 2 miles. 2. On the mauka side of Mamalahoa Highway from the Konawaena School road traveling in a southerly direction for a distance of 1.9 miles. 3. On the makai side of Mamalahoa Highway from Holualoa School traveling in a northerly direction for a distance of 2 miles. 4. On the mauka side of Mamalahoa Highway from Holualoa School traveling in a southerly direction for a distance of 1.2 miles. 5. On the mauka side of Mamalahoa Highway from the new Honaunau School traveling in a southerly direction for a distance of 1 mile and traveling in a northerly direction for a distance of 1 mile. 6. On the makai side of Alii Drive from a point approximately 500 feet south of Hualalai Road to the junction of Alii Drive with the Kailua-Keauhou Middle Road (in the vicinity of the Kona Hilton Hotel). PUNA 1. On the makai side of Mamalahoa Highway in Olaa from the Old Slaughterhouse Road (Old Volcano Road) to Milo Street. 2. On the mauka side of the Olaa-Kapoho Road, from the Pahoa School (Homestead) Road, to a point on the Kapoho end of the Pahoa Village. 6-Sch 8-3 SCHEDULE 9 - STOPPING ARTICLE 15, Sec. 3 HAMAKUA NORTH HILO SOUTH HILO On both sides of Waianuenue Avenue from a point 240 feet east (makai) or Laimana Street to Punawai Street between the hours of 7:15 a.m. and 8:00 a.m. on school days. KAU KOHALA 6-Sch 9-1 �.. PUNA In Captain Cook, on the west side of Route 11, beginning at a point .15 mile south of Napoopoo Road (Palipoko Road) intersection in a southerly direction to Hind Drive. 6-Sch 9-1 HANAKUA NORTH HILO SOUTH HILO KAU KOHALA SCHEDULE 10 - NO PARKING ARTICLE 15, Sec. 4. 6-Sch 10-1 KONA PUNA Alii Drive from Disappearing Sands Beach to the County park adjacent to Keauhou Hotel. The first street off Kinue Road mauka of Mamalahoa Highway and located between Mamalahoa Highway and Muliwai Place in the J. M. Tanaka Subdivision in Kealakekua, South Kona. 6-Sch 10-2 SCHEDULE 11 - TIME LIMIT PARKING ZONES ARTICLE 15, Sec. 7 THIRTY-SIX MINUTE PARKING AREAS 1. Kekaulike Street, from Waianuenue Avenue. to Wailuku Drive. 2. The makai side of Kinoole Street, from Waianuenue Avenue to Wailuku Drive. 3. Waianuenue Avenue, from Kekaulike Street to Kinoole Street. 4. Kalakaua Street, from Kinoole Street to Keawe Street. ONE-HOUR PARKING AREAS 1. Furneaux Lane, from Kilauea Avenue to Kamehameha Avenue. 2. Haiti Street, from Kinoole Street to Kamehameha Avenue. 3. Kalakaua Street, from Keawe Street to Kamehameha Avenue. 4. Kamehameha Avenue, from Shipman Street to Ponahawai Street. 5. Keawe Street, from Wailuku Drive to Kilauea Avenue. 6. Kilauea Avenue, from Haili Street to Kukuau Street. 7. Kinoole Street, from Haili Street to Ponahawai Street. 8. Mamo Street, from Kinoole Street to Kamehameha Avenue. 9. Ponahawai Street, from Kinoole Street to Kamehameha Avenue. 10. Punahoa Street, from Ponahawai Street to its end in the Hamakua direction. 11. Shipman Street, from Kekaulike Street to Kamehameha Avenue. 12. Nawahi Lane, from Punahoa Street to Kamehameha Avenue. 13. Waianuenue Avenue, from Kekaulike Street to Kamehameha Avenue. 14. Wailuku Drive, from Ululani Street to the junction of Shipman Street and Kamehameha Avenue. 6-Sch 11-1 15. Mamane Street in Honokaa, between Lehua Street and Ohelo Street. 16. Waianuenue Avenue, from Kinoole Street to Ululani Street. 17. The mauka side of Kinoole Street, from Waianuenue Avenue to Wailuku Drive. 18. On both sides of Kekuanaoa Street, between Honu Lane and Kilauea Avenue. 19. On the makai side of Kilauea Avenue, between Lanihuli Street and Kekuanaoa Street. 20. The Mamalahoa Highway in Kainaliu, from Okamura Store to the Kau side of Aloha Theater. 21. The five stalls on the Hamakua side of Waianuenue Avenue between the entrance and exit driveways into the Hilo High School grounds and fronting the Administration Building. 22. The five (5) marked parking stalls on the mauka side of Kilauea Avenue located on the south side of the Kilauea Avenue-Mohouli Street intersection from 7:00 a.m. to 4:00 p.m. daily except Sundays and holidays. 23. The three (3) marked parking stalls on the Hamakua (north) side of Mohouli Street adjacent to Kapiolani School and located within 125 feet from Kilauea Avenue from 7:00 a.m. to 4:00 p.m. daily except Sundays and holidays. TWO-HOUR PARKING AREAS 1. Haili Street, from Kinoole Street to Kapiolani Street. 2. Ululani Street, from Haili Street to the Hilo Hotel property. 3. Ululani Street, from Waianuenue Avenue to Wailuku Drive. 4. Wailuku Drive, from Ululani Street to Kaiulani Street. 5. Waianuenue Avenue, from Ululani Street to Kaiulani Street. 6. Kinoole Street, between Haili Street and Waianuenue Avenue. 7. Alii Drive in Kailua-Kona, from Palani Road to and including Reuben's Restaurant from 9:00 a.m. to 6:00 p.m., except on Sundays and holidays. 6-Sch 11-2 SCHEDULE 12 - NO -PARKING 7,ONES ARTICLE 15, Sec. 8 HAMAKUA 1. The Hilo side of Lehua Street in Honokaa from Mamane Street to the Catholic Church. 2. The Waipio side of Kika Street in Honokaa. 3. The makai side of Kea Street in Honokaa. 4. The mauka side of Mamane Street in Honokaa for a distance of 600 feet Waipio from culvert 230-C. 5. On the Waipio side of Plumeria Street in Honokaa. 6. On the mauka side of Mamalahoa Highway from the Paauilo School Road to the Hawaii Belt Road [Proj. DF -019-2(5)] in Paauilo. 7. On the makai side of Mamane Street in Honokaa from the culvert 230-C for a distance of 200 feet in the Waipio direction. 8. On the Waipio side of Pakalana Street from Mamane street to a distance of 100 feet mauka of Kukui Street. NORTH HILO 1. Mauka side of old Mamalahoa Highway at Papaaloa beginning at a point 233 feet on the Hilo side of Kaiwilahilahi Bridge for a distance of 154 feet in the Hilo direction from 7:00 a.m. to 5:00 p.m. 2. On Puualaoa Subdivision Road from the Belt Highway for a distance of approximately 220 feet. SOUTH HILO 1. On the Hamakua side of Ainako Avenue between Kaumana Drive and the Ernest B. de Silva School entrance. 6-Sch 12-1 C'.L Ll a 1 IT) lb, I "I ZA", Z) 0, 20, t s 1" c"I c,� ,A 1,�:" f m r f, Ol . I .. S ti -eet ]Dc--,-Lvveen, "Llic, o o avl Yi o, u Z) a IT ell, 2,- p. . . ..... c) 3 3, 0 0 s C C) d, a y s vo, 0 h e, 'r a 1 'S 11, d e o f, A, I a o Dr."L 3,01 Girt ,,nt ri, Inc �, I 4 4. Gn, -tI-ie vtes-L e at n ll, IJ C fr ut o n, t %.oj I IL zi `-t r e c-�lll t e x e n s o, fr, o m P U, r1l a s e, c) zi . A. a,. i,,'i cz�, a v ri, i-a fe D e b y z"if cl e L 6. e c o F x ev, t een a d a u twe cl n K n o o e Str e e -t 'E, F t, be 3, fr TO 0 ri t 1-i e P ur,,]a e fo iJ1 A. a nc U I u I a n j- S e (4:� t f ro-.rt-i 7' ll")� mi, rri- f. to, 0 0 c7a rn. o n s c o 0, d,a yz' .fit r 81 Ort the RLuia s, L o f" Ha, I a u, I a. n i Str c e -,L T11 rl..) I D' il, 0 Belt "Fload, f'rarn 9 0 n, 't h e Hi 11, c) -'Ll f t Y:i e Ha �, the FI* lo-Puriz r mmJ ouncla ry Mmuwao, Ma a 11 ka, S t r e t 10 'T f -i; e, i-lla rn a I-c- vj, a s e o f Str'r--�rr:vt betv,,reen U ie c,!,ritrance.,.- 0- op), ":5 '1., ".-ance and IC e n t i he IVIV Ru I'l a s cl f TvAiarl "D Z r ee:;'t bo,-,,.,, ex.11ll.-t of the J' c Au c'... L k Ur a n o n,, c) 12,4, T' Yie Hat, rn. a Ic U, a s, 0 f tre e, t ff r o ii in, Ka, me Mill" le�,l a, A%r e ri,,u ue to, Rl i i S aut e, a, Av e n, �ii, e I n, t7rofn-t o,f Savarnore 13, On t, I�i, e m a u k a, s. c, e o f' K.1 a. s tzi., t f 't h e rt- I r k e r a cl' r) c E)',uper Market o m t I P u n Ea, e ,X, o ilhc- o L.'he 1-1 annia, Ic uza d,l re ct,i on # f , 5 f ee -Ll 11 CJi,'V'..l]cl AL,iditoriurn,, Com: lc--x, s of t he I i 14. A 1, o g t h, e r c),a c"'k a', y "P ex c e p t zirk:i, n s i5 0 r'), t Ifi, e P U na s lki e o,f I-lo k, ii, E"; t r e c t 4" r *lauea Avenue OT ��® r e e, t I s I ClIllf, 01 --o- 16. 0 t'he,, Ffi,, :rria,a I -L I',' N"; u 'lp f�r,lcn Ki o r s i- v- irav,,.ray o I Pm1MP H S t O't, -i r e A..-. e Ul-ulai, 1, 18. `1171,e 0 "le 0 1, IC a f t,,, e,ri! a:'. c 1j'al, al I k"'O C e, st J 0, at- a I ic:i f 1r, A ,Rl �t o, ,,2,-. 3 0 r:>. m f roi,'n 7 1,), a,. rn,,- t o 8, 00 a, m an cl 1 4 5 19 'T I-i, P Ul-IC1, s do, 1- I'll ICW41 I fa- a. S,t, r e c), t f ro"rn, K,l'.',La,,u,e,a,' Av,enuef to, t 111 (71 ori, rie L 20. On the Hamakua side of Iliahi Street from Puueo Street to Wainaku Avenue. 21. On the Hamakua side of Kaiwiki Road at Wainaku Camp 2 from the gym road intersection to a point approximately 1,050 feet makai. 22. On the Puna side of Kaiwiki Road at Wainaku Camp 2 from the gym road intersection to a point approximately 140 feet makai. 23. On both sides of Kamehameha Avenue between Manono-Lihiwai Streets and Kalanianaole Street. 24. On the mauka side of Kapiolani Street from a point 135 feet south of Ponahawai Street and proceeding in a southerly direction on Kapiolani Street to its intersection with Kukuau Street. 25. On the makai side of Kapiolani Street between Ponahawai Street to Waianuenue Avenue except on Sundays between the hours of 5:00 a.m. to 12:00 noon. 26. On the Hamakua side of Kauila Street from Puueo Street to Wainaku Avenue. 27. On the east side of Kaumana Drive from Iiwipolena Street to Ainako Avenue. 28. On the south side of Kawailani Street from Kincole Street to Komohana Street. 29. The north side of Kekuanaoa Street, within 30 feet eastward of the main driveway on the Hilo Motors, Ltd., lot located at the northeast corner of Kekuanaoa Street and Kilauea Avenue. 30. Mauka side of Kilauea Avenue from a point 220 feet south of Barenaba Lane southerly to Kohola Street, except for the five (5) marked parking stalls south of the Kilauea Avenue-Mohouli Street intersection. 31. Makai side of Kilauea Avenue from Aupuni Street to Kohola Street. 32. Hamakua-mauka side of Kilauea Avenue adjacent to the Hilo Hongwanji Temple driveway between the hours of 2:00 p.m. to 5:30 p.m. from Mondays to Fridays and 7:30 a.m, to 12:00 noon on Sundays. 6-Sch 12-3 33. On the mauka side of Kilauea Avenue beginning at a point 100 feet Hamakua of the Waiakeawaena School Cafeteria driveway and extending for a distance of 35 feet in the Hamakua direction from 7:00 a.m. to 8:00 a.m. and from 1:45 p.m. to 2:30 p.m. on school days. 34. The makai side of Kinoole Street between Kalakaua Street and Waianuenue Avenue. 35. Kinoole Street from Kawailani Street to the Puna boundary of Waiakeawaena School except for the paved parking area provided on the makai side. 36. On the Hamakua side of Kohola Street. 37. Kole Street. 38. On the Puna side of Kukuau Street from a point 225 feet mauka of Kilauea Avenue to Ululani Street. 39. On the Puueo side of Kukuau Street from Ululani Street to a point 220 feet makai from 7:00 a.m. to 4:00 p.m. when the Hilo Commercial College is in session. 40. Lanakila Homes area except where parking spaces are designated or special parking areas are provided. 41. On the Puna side of Lanikaula Street from the entrance gate to Schultz Siding for a distance of 40 feet toward Railroad Avenue and 150 feet toward Kanoelehua Avenue. 42. On the Hamakua side of Lehua Street from Puueo Street to Wainaku Avenue. 43. The makai side of Lei Street. 44. Maiko Street. 45. on the makai side of Mamalahoa Highway in Papaikou from a point 200 feet on the Hamakua side of the onomea Sugar Company office to the Hamakua entrance to Moirton Camp. 46. Manini Street. 47. On the makai side of Mauna Kea Street 48. On the makai side of Mauna Loa Street. 6-Sch 12-4 49. On the Puueo side of Mohouli Street, in front of the children shelter area for a distance of 75 feet mauka of the old driveway into Kapiolani School, from 7:00 a.m. to 8:00 a.m. and 1:45 p.m. to 2:30 p.m. on school days. 50. On the Puna side of Nawahi Lane. 51. On the Hamakua side of Ohai Street from Puueo Street to Wainaku Avenue. 52. On the makai side of Panaewa Street. 53. On Punahoa Street between Ponahawai Street and its end in the Hamakua direction. 54. North side of Puainako Street, between Kinoole Street and Komohana Street. 55. On the makai side of Puueo Street from Iliahi Street to Kauila Street. 56. Uhu Street. 57. On the mauka side of Ululani Street between Wailuku Drive and Wailoa Streets, except that on Sundays between the hours of 5:00 a.m. and 1:00 p.m., parking will be permitted between Haili Street and Ponahawai Street. 58. Hamakua side of Waianuenue Avenue makai of Kaumana Drive intersection to Punawai Street. 59. On the Puna side of Waianuenue Avenue, one stall mauka of the Hilo Union School -Annex crosswalk, from 7:15 a.m. to 8:00 a.m. and 1:45 p.m. to 2:30 p.m. on school days. 60. On both sides of Waianuenue Avenue, from 240 feet east (makai) of Laimana Street to Kapiolani Street, between the hours of 7:15 a.m. and 8:00 a.m. on school days. 61. On the Puna side of Wailuku Drive from Shipman Street to Keawe Street. 62. On the Hamakua side of Wailuku Drive from Keawe Street to Kaiulani Street. 63. On the Puna side of Wilson Street. 64. On the east side of Kinoole Street, from a point approximately 715 feet Puna of Kawailani Street, southerly to Haihai Street. 6-Sch 12-5 65. On the west side of Kinoole Street, from Kawailani Street to a point 656 feet Puna of Kawailani Street. 66. On the Puna side of the connecting road in Papaikou from the Hawaii Belt Road to the old Mamalahoa Highway. 67. waianuenue Avenue, on the north side from Punawai Street to Halai Street, from 7:15 a.m. to 8:15 a.m. on school days, and from 4:00 p.m. to 5:00 p.m., except on Saturdays, Sundays and holidays. 68. On the makai side of Aupuni Street for a distance of 100 feet on each side of the intersection of Aupuni Street with the County Building road. 69. Kinoole Street, 75 feet on the Puna side and 50 feet on the Hamakua side of Hilo Lanes road exit. 70. On the Puna -bound portion of the Hawaii Belt Road from Makalika Street to the Hilo -Puna boundary. 71. On the Hamakua side of waianuenue Avenue, from Kaumana Drive to Halai Street. 72. Both sides of Pauahi Street for a distance of 220 feet in the makai direction from its intersection with Kilauea Avenue and 250 feet in the mauka direction from its intersection with Kamehameha Avenue. 73. Both sides of Aupuni Street for a distance of 200 feet from its intersection with Kilauea Avenue. 74. On the south (Puna) side of Kaumana Drive from the vicinity of the entrance to Kaumana School to a point approximately 400 feet west (mauka) of Lauae Road, a distance of approximately 4,550 feet. 75. On the mauka side of Kahoa Road from the Maile Stream bridge for a distance of 1,100 feet in the Hilo direction. 76. On the Puna side of Puainako Street between Lokahi Circle and Kanoelani Street. 77. Both sides of Kilauea Avenue from Lanikaula Street northerly for a distance of 200 feet and southerly for a distance of 240 feet. 78. Both sides of Lanikaula Street from Kilauea Avenue easterly for a distance of 150 feet. 6-Sch 12-6 79. The Puna side of Banyan Drive from its intersection with Kamehameha Avenue northerly for a distance of 415 feet. 80. The Hamakua side of Banyan Drive from its intersection with Kamehameha Avenue northerly for a distance of 340 feet. 81. Hamakua side of Kawili Street from 90 feet south (mauka) of the T -intersection with Manono Street southward for a distance of 120 feet. 82. Puna side of Kawili Street from 90 feet south (mauka) of the T -intersection with Manono Street southward for a distance of 250 feet. 83. On the Puna side of Lanikaula Street between the 'U' of the driveway fronting the University of Hawaii - Hilo College Administration Building. 84. On the Puna side of Lehua Street in front of the Co-op Nursery School from a point 5 feet mauka of the Lehua Apartments driveway for a distance of 40 feet toward Wainaku Avenue from 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 5:00 p.m. on school days. 85. The Hamakua-side lane within the unloading area off Waianuenue Avenue at Hilo High School. 86. On the Hamakua side of Kaiwiki Road in Kaiwiki Camp. 87. The mauka-Hamakua (Kaiko'o Mall) side of Aupuni Street, from the driveway located 450 feet north of the intersection with Kilauea Avenue and extending 500 feet around the curve to the driveway across from the State Building. 88. The mauka side of Anela Street, between Kawailani Street and Puainako Street. 89. Kilauea Avenue from Kohola Street to a point 200 feet north of Lanikaula Street from 7:00 a.m. to 8:00 a.m. and from 4:00 p.m. to 5:00 p.m. daily except on Sundays and holidays. 90. The five marked parking stalls on the mauka side of Kilauea Avenue located on the south side of the Kilauea Avenue-Mohouli Street intersection from 4:00 p.m. to 6:00 p.m. daily except Sundays and holidays. 6-Sch 12-7 91. The Hamakua side of Haili Street between Kinoole Street and Kapiolani Street. 92. The Puna side of Haili Street from Kapiolani Street and extending 100 feet in the makai direction. 93. On the Hamakua side of Waianuenue Avenue beginning at a point 103 feet mauka of Ululani Street and extending in the mauka direction for a distance of 393 feet. 94. On the mauka side of Kinoole Street from Wailoa Street and extending in the Hamakua direction for 167 feet. 95. On the Puna side of Kaumana Drive from Ainako Avenue to Waianuenue Avenue between 7:00 a.m. and 8:00 a.m., except Saturdays, Sundays and public holidays. 96. Punawai Street between 7:00 a.m. and 8:00 a.m., except Saturdays, Sundays and public holidays. 97. Along the entire length of Hale Street on the makai side. 98. on the mauka side of Hale Street starting from Kahema Street and extending 65 feet towards Waianuenue Avenue. 99. On both sides of Kahema Street starting from Hale Street and extending 85 feet in the mauka direction. 100. On the Puna side of Kanoa Street between Puueo Street and the Bayfront Highway. 101. On the makai side of Kinoole Street beginning from Kukuau Street and extending 65 feet in the Hamakua direction. 6-Sch 12-8 KAU 1. The makai side of Mamalahoa Highway from the Naalehu Shopping Center to the Naalehu Elementary School. 2. Kamani Street, between Pikake Street and Puahala Street. 3. On the south side of Kamani Street from the Kau Hospital access road and extending mauka for approximately 535 feet to the Old Government Road makai of Maile Street. 4. On the southeastern (makai) side of Maile Street in Pahala beginning at the access road to the mill located across from Pikake Street and proceeding for one hundred and fifty (150) feet in the southwesterly direction (towards Naalehu). KOHALA 1. Waimea to Hawi Road in Hawi, from Nakahara Store mauka for a distance of approximately 850 feet. 2. Honomakau Road at Kohala High and Elementary School, from the exit driveway of the school cottage to the makai boundary of the school property. 3. On the north side of Rt. 27B, from 27B-6.15 to 27B-6.25 in Hawi. 4. On the south side of Rt. 27B, from 27B-6.15 to 27B-6.25 in Hawi. 6-Sch 12-9 KONA 1. On the makai side of Alii Drive, in Kailua-Kona, from Palani Road to the marked crosswalk in the vicinity of the Likana Lane intersection. 2. On the mauka side of Alii Drive in Kailua-Kona,along a concrete curbing opposite Waiaka Lodge. 3. An old government lane in Kailua-Kona, located between the Kamaaina Lodge and the Ocean View Inn. 4. The makai side of Alii Drive in Kona between the driveways into the main entrance at Kona Inn. S. The north side of Hualalai Road between the crosswalk at Kailua School and Kuakini Highway and the south side of Hualalai Road between the crosswalk at Kailua School and Alii Drive during the hours of 1:45 p.m. and 2:30 p.m. on school days. 6. Both sides of Likana Lane in Kailua-Kona, from Alii Drive north for a distance of 157 feet and on the mauka side for the remainder of the lane. 7. The north side of Palani Road from a point 50 feet mauka of the Kailua Rubbish Dump Road to a point 50 feet makai of the said road. 8. Extending 40 feet eastward along the Kailua Bay seawall from the western end of the seawll beside the Kailua Wharf, Kailua-Kona, Hawaii. 9. Along the concrete curb facing the banyan tree on the mauka side of Alii Drive facing the Kailua Bay seawall, Kailua-Kona, Hawaii. 10. Both sides of Sarona Lane, Kailua-Kona, beginning at Alii Drive and for a distance of 100 feet in the easterly direction. 11. In Captain Cook, on the west side of Route 11, beginning at a point .15 mile south of Napoopoo Road (Palipoko Road) intersection for a distance of 400 feet in a southerly direction. 12. On the makai side of Alii Drive in Kailua-Kona, from a point approximately 400 feet south of Hualalai Road to the junction of Alii Drive with the Kailua-Keauhou Middle Road (in the vicinity of the Kona Hilton Hotel. 6-Sch 12-10 13. Both sides of Kona Hospital Road in Kealakekua, Kona. 14. The south (Kau) side of Kinue Street in Kealakekua, South Kona. PUNA 1. On the mauka side of the Olaa to Kapoho Road in Pahoa, in front of the Pahoa YBA building from 2:00 p.m. to 5:30 p.m, on school days. 2. Mamalahoa Highway in Keaau, from the Keaau Store for a distance of 1,000 feet in the Volcano direction. 3. Mauka side between Pahoa town and the school. 4. Kau side of roadway in the vicinity of the old Nakamura Store in Kapoho on both sides of curve of Pahoa-Kumukahi Lighthouse Road for a distance of 820 feet west from a point approximately 1150 feet N.W. of Project marker F.A.P. No. 5-4132 and ER -8. 5. On the roadway on the Olaa to Kapoho Road from the Olaa boundary of Pahoa Park to a point 400 feet on the Olaa side of the Pahoa Garage. 6. On the Hilo -bound portion of the Hawaii Belt Road from the Slaughterhouse Road to the Hilo -Puna boundary. 6-Sch 12-11 7. On the Puna -bound portion of the Hawaii Belt Road from the Hilo -Puna boundary to the 8 -Mile Post. 8. On the Pahoa-Kalapana Road (Highway 130) between Queen's Bath Proper and the National Park boundary. 9. Kaohe Homestead Road, on the west side, from the Pahoa Road to and including the Pahoa School gym. 10. Mauka side of the government road, in front of Harry K. Brown Park in Kalapana, from the entrance to the parking lot to 600 feet in the volcano direction. 6-Sch 12-12 SCHEDULE 13 - PASSENGER -LOADING ZONES ARTICLE 16, Sec. 1 KAMEHAMEHA AVENUE at: 1. Kalakaua Street 2. Haili Street 3. Furneaux Lane 4. Mamo Street KEAWE STREET at: 1. Kalakaua Street 2. Haiti Street 3. Mamo Street KILAUEA AVENUE at: 1. Ponahawai Street 2. Kukuau Street 3. Hualalai Street 4. Hoku Street 5. Barenaba Lane 6. Kamana Street 7. The Puna entrance to the Hilo Shopping Center 6-Sch 13-1 WAIANUENUE AVENUE at: 1. Kamehameha Avenue 2. Keawe Street 3. Kekaulike Street 4. Kinoole Street 5. Ululani Street 6. Hilo Intermediate School from Laimana Street to the makai exit driveway of the school from 1:30 p.m. to 3:00 p.m. on school days only. 7. Hilo High School beginning at its exit and extending for 75 feet in the westerly direction from 1:30 p.m. to 3:00 p.m. on school days only. MAMO STREET at: 1. Punahoa Street ULULANI STREET at: 1. The entrance to the Ululani Nursery and Hilo Commercial College. KAIULANI STREET at: 1. The Crippled Children's Center. 6-Sch 13-2 HUALALAI STREET at: 1. St. Joseph Elementary School between Kinoole Street and Ululani Street, from 7:15 a.m. to 8:00 a.m. and 1:45 p.m. to 2:30 p.m. on school days only. on the Hamakua side of Shipman Street at the entrance to the Hilo Armory. On the Hamakua side of Haili Street at the entrance to Palace Theater. On the Puna side of Memo Street at the entrance to Mamo Theater. In front of the Papaaloa Theater. MOHOULI STREET at: 1. Kapiolani School on the Hamakua side beginning at a point 125 feet mauka from Kilauea Avenue and extending in the mauka direction for a distance of 200 feet, from 7:00 a.m. to 3:00 p.m. on school days. 6-Sch 13-3 The Puna -side lane within the unloading area off Waianuenue at Hilo High School between 7:00 a.m. and 8:00 a.m. on school days. The Puna -side lane within the unloading area off Waianuenue Avenue at Hilo High School between the passenger shed fronting the Hilo High School cafeteria and the passenger shed near the exit of the unloading area from 2:00 p.m. to 3:00 p.m. on school days. 6-Sch 13-4 SCHEDULE 14 - FREIGHT -LOADING ZONES ARTICLE 16, Sec. 2 1. On the makai side of Keawe Street, Puna of Haili Street, 25 feet. 2. On the makai side of Keawe Street, Puueo of Mamo Street, 25 feet. 3. On the mauka side of Wailuku Drive, Puueo of Shipman Street, 50 feet. 4. On the mauka side of Wailuku Drive, 96 feet Puueo of Shipman Street, 25 feet. 5. On the Puna side of Furneaux Lane, makai of Keawe Street, 25 feet. 6. On the makai side of Kilauea Avenue, Puueo of un -named private lane (between Mukai Vegetable Store and Hilo Farmer's Exchange, Ltd.), 39 feet. 7. On the makai side of Mamalahoa Highway, volcano side of the Olaa to Kapoho Road, 20 feet. 8. On the Volcano side of the Olaa to Kapoho Road, makai of Mamalahoa Highway, 20 feet. 9. On the Puueo side of Kalakaua Street, mauka of un -named private lane (between First Hawaiian Bank and Hawaii National Bank), 20 feet. 10. On the Puueo side of Ponahawai Street, mauka of Kilauea Avenue, 25 feet. 11. On the makai side of Punahoa Street, Puueo of Mamo Street, 35 feet. 12. On the mauka side of Kilauea Avenue, beginning at a point 50 feet southeast of Barenaba Street and extending 30 feet in the southeasterly direction. 13. On the Puueo side of Ponahawai Street, mauka of Punahoa Street, 35 feet. 14. On the makai side of Kinoole Street, Puna of Ponahawai Street, 25 feet. 15. On the makai side of Kinoole Street, beginning 148.39 feet Puna of Haili Street, 50 feet. 16. On the Puna side of Hualalai Street, directly in front of the St. Joseph School Cafeteria. 6-Sch 14-1 17. On the mauka side of Kamehameha Avenue, Puueo of Furneaux Lane, 35 feet. 18. On the Hamakua side of Kukuau Street, beginning 30 feet mauka of Kilauea Avenue, 45 feet. 19. On the Puna side of Haili Street, 35 feet mauka from Keawe Street, 22 feet. 20. On the west side of the Belt Highway in Kainaliu at Oshima Store. 6-Sch 14-2 SCHEDULE 15 - BUS STOPS ARTICLE. 16, Sec. 4 HA14AKUA NORTH HILO SOUTH HILO 1. The Hamakua side of Mohouli Street, beginning at a point 380 feet mauka of Kilauea Avenue and extending in the mauka direction for a distance of 100 feet, from 7:00 a.m. to 8:00 a.m. and from 1:30 p.m. to 2:30 p.m. on school days only. 2. The Hamakua side of Waianuenue Avenue at the Hilo High School beginning at its exit and extending for 75 feet in the westerly direction, from 1:30 p.m. to 3:00 p.m. on school days only. 3. The Puna side of Hualalai Street at St. Joseph's Elementary School from Kinoole Street extending in the mauka direction for a distance of 287 feet, from 7:15 a.m. to 8:00 a.m. and from 1:45 p.m. to 2:30 p.m. on school days only. 4. The Puna -side lane within the unloading area off Waianuenue Avenue at Hilo High School between the passenger shed fronting the Hilo High School cafeteria and the passenger shed near the exit of the unloading area, from 2:00 p.m. to 3:00 p.m. on school days. 6-Sch 15-1 KAU 1114M_lk KONA PUNA 6-Sch 15-2 SCHEDULE 16 - PARKING -METER ZONES ARTICLE 17, Seo. 1 THIRTY-SIX MINUTES PARKING METER ZONES 1. Kekaulike Street, from Waianuenue Avenue to Wailuku Drive. 2. The makai side of Kinoole Street, from Waianuenue Avenue to Wailuku Drive. 3. Waianuenue Avenue, from Kekaulike Street to Kinoole Street. 4. Kalakaua Street, from Kinoole Street to Keawe Street. ONE HOUR PARKING -METER ZONES I. Furneaux Lane, from Keawe Street to Kamehameha Avenue. 2. Haili Street, from Kinoole Street to Kamehameha Avenue. 3. Kalakaua Street, from Keawe Street to Kamehameha Avenue. 4. Kamehameha Avenue, from Shipman Street to Ponahawai Street. 5. Keawe Street, from Wailuku Drive to Kilauea Avenue. 6. On both sides of Kekuanaoa Street, between Honu Lane and Kilauea Avenue. 7. Kilauea Avenue, from Haili Street to Kukuau Street. 8. On the makai side of Kilauea Avenue, between Lanihuli Street and Kekuanaoa Street. 9. The mauka side of Kinoole Street from Waianuenue Avenue to Wailuku Drive. 10. Mamo Street, from Kinoole Street to Kamehameha Avenue. 11. Ponahawai Street, from Kilauea Avenue to Kamehameha Avenue, 6-Sch 16-1 12. Shipman Street, from Kekaulike Street to Kamehameha Avenue. 13. Waianuenue Avenue, from Kekaulike Street to Kamehameha Avenue. 14. The metered areas on Kinoole Street between Waianuenue Avenue and Haili Street in the City of Hilo. 15. The five stalls on the Hamakua side of Waianuenue Avenue between the entrance and exit driveways into the Hilo High School grounds and fronting the Administration Building. 16. The five (5) marked parking stalls on the mauka side of Kilauea Avenue located on the south side of the Kilauea Avenue-Mohouli Street intersection from 7:00 a.m. to 4:00 p.m. daily except Sundays and holidays. 17. The three (3) marked parking stalls on the Hamakua (north) side of Mohouli Street adjacent to Kapiolani School and located within 125 feet from Kilauea Avenue from 7:00 a.m. to 4:00 p.m. daily except Sundays and holidays. TWO-HOUR PARKING -METER ZONES 1. All of that area known as the Bay Front Parking area adjacent to Kamehameha Avenue in the City of Hilo where parking meters are presently installed. 2. All of that area known as the Bay Front Parking area adjacent to Kamehameha Avenue in the City of Hilo where parking meters are presently installed, except (1) the 23 parking stalls in the second row, the 21 parking stalls in the third row, and the 21 parking stalls in the fourth row of parking stalls along Kamehameha Avenue from Mooheau Park to Haili Street, (2) the 17 parking stalls in the third row and the 16 parking stalls in the fourth row in the area on the Hamakua side of Haili Street, and (3) the 7 parking stalls near the bus terminal, for a total of 105 parking stalls. 3. The Puna side of Haili Street between Kinoole Street and Ululani Street. 6-Sch 16-2 EIGHT-HOUR PARKING -METER ZONES 1. The following areas are designated as maximum of eight (8) hours parking at the rate of five cents ($.05) for two (2) hours. a. The following 105 stalls in the Bay Front Parking area adjacent to Kamehameha Avenue in the City of Hilo: (1) The 23 parking stalls in the second row, 21 parking stalls in the third row, and 21 parking stalls in the fourth row of parking stalls along Kamehameha Avenue from Mooheau Park to Haili Street; (2) The 17 parking stalls in the third row and the 16 parking stalls in the fourth row in the area on the Hamakua side of Haili Street; and (3) The 7 parking stalls near the bus terminal. 6-Sch 16-3 CHAPTER 7 CHAPTER 7 PLANNING CODE Page Article1 . ........................................................7 -1 Sec. 1. The County of Hawaii General Plan.. ................ 7-1. Sec. 2. Effective Date ..................................... 7-1 Article 2 (Reserved) ......................... .............../-2 7-i CHAPTER 7 PLANNING CODE ARTICLE 1. SEC. 1. THE COUNTY OF HAWAII GENERAL PLAN That certain planning code known and designated as "County of Hawaii General Plan," as adopted on December 15, 1971, by the Council of the County of Hawaii, is hereby adopted by reference, subject to the amendments hereinafter set forth, and may be cited as the "General Plan." SEC. 2. EFFECTIVE DATE, The General Plan shall take effect on December 22, 1971. 7-1 ARTICLE 2. (Reserved) 7-2 CHAPTER 8 CHAPTER 8 ZONING CODE Page Article1 . ....................................................... 3-1 General Provisions.................................................8-1 Sec. 1. Title ............................................ 8-1 Sec. 2. Scope and Applicability .......................... 8-1 Sec. 3. Definitions ...................................... 8-1 Sec. 3.01 Alley............................................8-1 Sec. 3.02 .4oartment House .................................. 8-1 Sec. 3.10 Building.........................................8-1 Sec. 3.11 Building, Accessory.....................•••••••••8-1 Sec. 3.12 Building, Community -............................. 8-2 Sec. 3.13 Building, Existing. .............................. 8-2 Sec. 3.14 Building Height •••••••••••••••••••.............. 8-2 Sec. 3.15 Building Line ............ ........................8-:. Sec. 3.16 Building Main....................................8-2 Sec. 3.17 Building Site ................................... 8-2 Sec. 3.18 Building Site, Average Width ---•••......••••••••8-2 Sec. 3.20 ome........................................ Care Home- ....................................... 8-3 Sec. 3.21 City of Hilo ••••••••------.•••••.-•••••••..•••-••8-3 Sec. 3.22 Commercial. Amusement Establishment - Sec. 3.23 Commercial Excavation ........................... 8 � Sec. 3.24 Conforming............... ..............8-_ Sec. 3.25 Construction, Beginning of •••••••-••••••••••••••8-3 Sec. 3.30 Density..........................................8-3 Sec. 3.31' Director ......................................... 8-4 Sec. 3.32 Drive -In ......................................... S Sec. 3.33 Dwelling ............................. ............ 8-4 Sec. 3.34 Dwelling Unit ................................... 8-4 Sec. 3.35 Dwelling, Single -Family .......................... 8-4 Sec. 3.36 Dowelling, Duplex or Double- Family ................ 8-4 Sec. 3.37 Dorelling, Multiple ........................... .... 8-4 Sec. 3.38 Dwelling, Mobile ................................. 8-4 Sec. 3.40 Easement .......................................... 8-4 Sec. 3.41 Erected ........... ...............................8-5 Sec. 3.50 Family. - & & ....... & ... & ...................... & .... 8-5 Sec. 3.51 Floor Area, Gross •••••...... &................... 8-5 Sec. 3.52 Floor Area, Net •....................... .......•••8-' Sec. 3.53 Future Width Lines ................. &............ 8-5 Sec. 3.54 Frontage.........................................8-5 Sec. 3.60 Guest House --.•••••••••••-•-••••......--•••••-•••8-5 Sec. 3.61 Guest or Resort Ranch ........................... 8-S Sec. 3.70 Home Occupation •••••........ -.... ••• ............. 8-6 Sec. 3.71 Hospital............ ..................... ........8-6 Sec. 3.72 Hotel ............................................ 8-6 Sec. 3.90 Junk Yard ........................................ 8-6 Sec. 3.100 Kennel ........................................... 8-7 Sec. 3.110 Landscape or Landscaping ........................ 8/ Sec. 3.111 Land Use ....................................... - Sec. 3.112 Lot .............................................. 8-7 Sec. 3.113 Lot Line. - & ..... && ............. & ................. 8-7 Sec. 3.114 Lot Line, Interior& .............................. 8-7 Sec. 3.115 Lot Line, Rear ............. a............,.......... 8-7 rw Article 2 . ....................................................... 8-24 Land Use Districts .................................. Sec. 1. Designation of Districts ••••••••••••••••••••••8-24 Page Sec. 3.120 Mall.......................................... 8-7 Sec. 3.121 Mobile Home Park or Mobile Dwelling Park ••••••8-7 Sec. 3.130 Non-Conforming Building or Parcel ............. 8-7 Sec. 3.131 Non-Conforming Use ............................8-8 8-26 Sec. 3.140 Older Communities ........................••••. 8-8 Sec. 3.150 Pedestrian Way ................................ 8-8 Sec. 3.151 Piggery.......................................8-8 8-28 Sec. 3.152 Plan Lines for Future Streets ••••••••••••• ...8-8 Sec. 3.170 Rentable Unit ••••••.......••••••••• ....'••••••8-8 Sec. 3.171 Resort Area ................................... 8-8 Sec. 3.180 School ........................................ 8-9 Sec. 3.181 Story8-9 Sec. 3.182 Street ........................................ Sec. 3.183 Street Frontage ...... ••••••••• ....'• ....8-9 Sec. 3.184 Structure ........................ " ....'• ....8 9 Sec. 3.200 Use.......................................... 8-9 Sec. 3.201 Use, Accessory .B-9 8-9 Sec. 3.202 Use, Land...................................... 8-10 Sec. 3.203 Used.......................................... Sec. 3.210 Vista .......... . ............................... 8-10 Sec. 3.240 Yard.......................................... 8-10 Sec. 3.241 Yard, Front...................................8-10 Sec. 3.242 Yard, Rear......................................8-10 8-10 Sec. 3.243 Yard, Side.................. .................. Sec. 3.250 ... Zone............... ...... .................. 8-10 Sec. 4. Administration and Enforcement ................ 8-10 Sec. 4.01 Prohibitions in Issuance of Permits or Licenses....................................8-11 Sec. 5. Appeals.............................. ...... ...8-11 Sec. 6. Amendments.............................. •.....B-11 Sec. 6.01 Who Can Initiate .............................. 8-11 Sec. 6.02 Procedure ..................................... 8-12 Sec. 7. Variances........M............................ 8-15 Sec. 7.01 Grounds for Variances ......................... 8-15 Sec. 7.02 Applications for Variances ••••••••••••••••••••8-16 Sec. 7.03 Procedure for Variances ....................... 8-17 Sec. 7.04 Actions on Variances..................... m..••8-17 Sec. 7.05 Appeals from Actions_ on Variances •••••••.••••• B-18 Sec. 8. Use Permits •......... m...•••••.•••• ....'••••••8-19 Sec. 9. Non-Conforming Buildings and Uses ............. 8-20 Sec. 10. Acts Prohibited ............................... 8-22 Sec. 11. Penalties•............... •..................... B-23 Sec. 12. Remedies Cumulative............... m ........... 8-23 Article 2 . ....................................................... 8-24 Land Use Districts .................................. Sec. 1. Designation of Districts ••••••••••••••••••••••8-24 Sec. 2. Designation of Combining Districts............ 8-24 Sec. 3. Method and Effect of Establishment of Districts....................................8-25 Sec. 4. Application of District Regulations........... 8-26 Sec. 5. Rules for Interpretation of District Boundaries .................................. 8-27 Sec. 6. Schedule of Descriptions ...................... 8-28 Sec. 7. Schedule of Maps ............................... 8-32 8 -ii Page Article3 . ......................................... ............ ...8-326 Regulations for RS, Single Family Residential Districts......... 8-326 Sec. 1. Purpose and Applicability ..................... 8-326 Sec. 2. Designation of RS Districts ................... 8-326 Sec. 3. Permitted Uses ................................ 8-326 Sec. 4. Height Limits ................................. 8-327 Sec. 5. Minimum Building Site Area ••• ............••••8-327 Sec. 6. Minimum Building Site Average Width ........... 8-327 Sec. 7. Minimum Yards ................................. 8-327 Sec. 8. other Regulations ........................••••• 8-328 Article4 . ..................................................... B-329 Regulations for RD, Double Family Residential Districts......... 8-329 Sec. I. Purpose and Applicability ..................•.• 8-329 Sec. 2. Designation of RD Districts ..................• 8-325 Sec. 3. Permitted Uses.................................8-329 Sec. 4. Height Limits ................................. 8-329 Sec. 5. Minimum Building Site Area,,,,,,,,,,;,,,8-329 Sec. 6. Minimum Building Site Average Width_,,,,,,,,.. 8-32( Sec. 7. Minimum Yards ................................. 8-329 Sec. 8. Other Regulations ............................. 8-330 Article5 . ..................................................... 8-331 Regulations for RM, Multiple Family Residential Districts....... 8-331 Sec. 1. Purpose and Applicability ..................... 8-331 Sec. 2. Designation of RM Districts and Density....... 8-331 Sec. 3. Permitted Uses ..................•••••.......•• 8-331 Sec. 4. Height Limits ..............................••• 8-332 Sec. 5. Minimum Building Site Area .................... 8-332 Sec. 6. Minimum Building Site Average Width........... 8-332 Sec. 7. Minimum Yards ................................. 8-332 Sec. 8. Other Regulations ............................. 8-332 Article 6 . ...................................................... 8-334 Regulations for RA, Residential and Agricultural Districts...... 8-334 Sec. 1. Purpose and Applicability ..................••• 8-334 Sec. 2. Designation of RA Districts ................... 8-334 Sec. 3. Permitted Uses .................••••••......••• B-334 Sec. 4. Height Limits,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 8-336 Sec. 5. Minimum Building Site Area,,,,,,,,,,,,,,,,,,,, 8-33E Sec. 6. Minimum Building Site Average Width,,,,,,,,,,, 8-33E Sec. 7. Minimum Yards ................................. 8-33E Sec. 8. Other Regulations ............................. 8-337 Article 9 . ..................................................... 8-344 Regulations for V, Resort -Hotel Districts ..................••••• Page Article 7. .......................................... ...........8-338 8-344 Regulations for A, Agricultural Di-tricts....................... 8-338 Sec. 1. Purpose and Applicability ..................... 8-338 Sec. 2. Designation of A Districts .................... 8-338 Sec. 3. Permitted Uses ................................ 8-338 Sec. 4. Height Limits.................................8-340 ............ 8-341 8-341 Sec. 5. Minimum Building Site Area .................... 8-340 Sec. 6. Minimum Building Site Average Width........... 8-340 Sec. 7. Minimum Yards ........................ ** ...... •8-340 Sec. 8. Other Regulations ........................••••• 8-341 8-342 Article8 . .................................................... Regulations for U, Unplanned Districts .............. I........... 8-342 Sec. 1. Purpose and Applicability ..................... 8-342 Sec. 2. (Reserved) .................................... 8-342 Sec. 3. Permitted Uses................................8-342 Sec. 4. Height Limits ................................. 8-342 Sec. 5. Minimum Building Site Area ................... 8-342 Sec. 6. Minimum Building Site Average Width ..........8-342 Sec. 7. Minimum Yards ................................. 8-343 Sec. B. Other Regulations ........................••••• 8-343 Article 9 . ..................................................... 8-344 Regulations for V, Resort -Hotel Districts ..................••••• 8-344 Sec. 1. Purpose and Applicability ..................••. 8-344 Sec. 2. Designation of V Districts and Density ......•8-344 Sec. 3. Permitted Uses ................................ B-344 Sec. 4. Height Limits ................................. 8-34E Sec. 5. Minimum Building Site Area .................... 8-346 Sec. 6. Minimum Building Site Average Width„ _........8-34E ............ 8-341 8-341 Sec. 7. Minimum Yards ................................. 8-34E Sec. S. Other Regulations ............................. 8-34E Article 10 . ....................................................8-34; Regulations for CO, Commercial Office Districts ................. 8-34; Sec. 1. Purpose and Applicability ..................•• 8-34'. Sec. 2. (Reserved) .................................... 8-34'. Sec. 3. Permitted Uses ..............................•• 8 -34 - Sec. 4. Height Limits .......................*.....*••• 8-34£ Sec. 5. Minimum Building Site Area ..................•• 8-34£ Sec. 6. Minimum Building Site Average Width ........... 8-34£ Sec. 7. Minimum Yards ................ ••••• ............ 8-341 8-341 Sec. 8. Other Regulations ........................••••. 8 -iv Page Article 11 . .................................................... 8-349 Regulations for CPI, Neighborhood Commercial Districts........... B-349 Sec. 1. Purpose and Applicability ..................... 8-349 Sec. 2. (Reserved) .................................... 8-349 Sec. 3. Permitted Uses ................................ B-349 Sec. 4. Height Limits ................................. 8-350 Sec. 5. Minimum Building Site Area .................... 8-350 Sec. 6. Minimum Building Site Average Width............ 8-350 Sec. 7. Minimum Yards.................................8-350 8-355 8-355 Sec. 8. Other Regulations ............................. 8-350 Article12 ...................................................... 8-352 Regulations for CG, General Commercial Districts ................ 8-352 Sec. 1. Purpose and Applicability ..................... B-352 Sec. 2. (Reserved}.................................... 8-352 Sec. 3. Permitted Uses ••••••••••••••••••••••..." '••.. 8-352 8-354 Sec. 4. Height Limits ••••••••••••••••••••••'....... ••'• 8 354 Sec. 5. Minimum Building Site Area •••••••••••••• .. •••'8-355 Sec. 6. Minimum Building Site Average Width ........... Sec. 7. Minimum Yards ................................. 8-355 8-355 Sec. 8. Other Regulations ............................. Article13 . .................................................... 8-356 Regulations for CV, Village Commercial Districts ................ 8-35E Sec. 1. Purpose and Applicability ..................••• 8-35E Sec. 2. (Reserved).................................. 8-35E Sec. 3. Permitted Uses ••••••••••••••••••••••••••• ..' ..8-35E Sec. 4. Height Limits ................................. 8-35, Sec. 5. Minimum Building Site Area .................... 8-35, Sec. 6. Minimum Building Site Average Width ........... 8-35-, Sec. 7. Minimum Yards ................................. 8-351 Sec. 8. Other Regulations ............................. 8-35., Article 14 . .................................................... 8-35£ Regulations for ML, Limited Industrial Districts ................ 8-351 Sec. 1. Purpose and Applicability ..................... 8-351 Sec. 2. (Reservedi.................................... 8-35E Sec. 3. Permitted Uses ................................ 8-35E Sec. 4. Height Limits .................................. 8-361 Sec. 5. Minimum Building Site Area .................... 8-36C Sec. 6. Minimum Building Site Average Width........... 8-36( Sec. 7. Minimum Yards ................................. 8-36( Sec. S. Other Regulations ............................. 8-36( E:IIS Page Article15 . .................................................... 8-361 Regulations for MG, General Industrial Districts ................ 8-361 Sec. 1. Purpose and Applicability ..................... 8-361 Sec. 2. (Reserved) .................................... 8-361 Sec. 3. Permitted Uses ................................ 8-361 Sec. 4. Height Limits ................................. 8-363 Sec. 5. Minimum Building Site Area .................... 8-363 Sec. 6. Minimum Building Site Average Width........... 8-363 Sec. 7. Minimum Yards ................................. 8-363 Sec. B. Other Regulations ............................. 8-363 Article16 . .................................................... 8-364 Regulations for 0, Open Districts ............................... 8-364 Sec. 1. Purpose and Applicability 8-364 Sec. 2. (Reserved) .................................... 8-364 Sec. 3. Permitted Uses................................8-364 Sec. 4. Height Limits.................................8-365 Sec. 5. Minimum Building Site Area .................... 8-365 Sec. 6. Minimum Building Site Average Width........... 8-365 Sec. 7. Minimum Yards ................................. 8-365 Article 17 . .................................................... 8-366 Regulations for S, Safety Districts .................. •••••-••••.8-366 Sec. 1. Purpose and Applicability ..................... 8-366 Sec. 2. Use Permits ................................... 8-366 Articles 18 - 21 (Reserved).................................... 8-367 Article22 . ..................................................... 8-36E Plan Approval ................................................... 8-36E Sec. 1. Purpose ....................................... 8-36E Sec. 2. Applicability...... ............. 8-36E Sec. 3. Procedure for Plan Approval..... Article 23 . .................................................... 8-37: Planned Unit Development ........................................ 8-37: Sec. 1. Purpose ....................................... 8-37: Sec. 2. Minimum Area Requirement ...................... 8-37: Sec. 3. Procedure for Planned Unit Development •••••••• 8-37: 8 -vi Pace Article 24 . ..................................................... B-377 Cluster Plan Development.........................................8-377 Sec. 1. Purpose ....................................... 8-377 Sec. 2. Minimum Area Requirement ..................•••• 8-377 Sec. 3. Procedure for Cluster Plan Development ••••••••• 8-377 Sec. 4. Restrictions Under Cluster Plan Develonment...8-377 Article 25. .................................................... 8-380 Building Lines, Future Width Lines and Plan Lines for 1. Future Streets .................................................... Sec. 8-380 Sec. 1. Building Lines ................................. 8-380 Sec. 2. Future Width Lines ............................. 8-38C Sec. 3. Plan Lines for Future Streets .................. 8-38C Sec. 4. Legal Effect of Establishment of Building 5. Amendment..........................................8405 Line, Future Width Line and Plan Line........ 8-38C Article 26 . .....................................................8-38: General Provisions, Exceptions and Supplementary Regulations...... 8-38: Sec. 1. General provisions ............................. 8-38: Sec. 2. Supplementary Use Regulations .................. 8-381- -38:Sec. Sec. 3. Supplementary Area and Average Width Regulations..................................8-38; Sec. 4. Supplementary Yard and Open Snace Regulations..8-38E Sec. 5. Supplementary Height Regulations ............... 8-391 Sec. 6. Supolementary Off -Street Parking and Loading Regulations .......................... 8 -39 - Sec. 7. Supplementary Shoreline Setback Regulations.... 8 -39 - Article 27 . ......................................................8-39` Special Regulations ............................................... 8-395 Article 28.8-40: ...................................................... Kailua Village Special District and Urhan Desiqn Review Commission ................................................. 8-40: Sec. 1. Purpose and Pppl.icability ..........................840: Sec. 2. Commission Membership..............................840: Sec. 3. Rules of Procedure .................•••.•• ........••840. Sec. 4. Powers and Duties of the Commission ................ 840. Sec. 5. Amendment..........................................8405 CHAPTER 8 ZONING CODE ARTICLE 1. General Provisions Sec. 1. TITLE This Chapter may be cited as the Zoning Code. Sec. 2. SCOPE AND APPLICABILITY This Chapter 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 "Comprehensive or General Plans" for sections of the County which may hereafter be adopted as amendments to or portions of the "County General Plan." Sec. 3. DEFINITIONS The following words and phrases, unless the context otherwise requires, shall be defined as hereinafter indicated. Sec. 3.01 ALLEY A narrow street through a block primarily for access by service vehicles to the back or side of properties fronting on another street. Sec. 3.02 APARTMENT HOUSE (See "DWELLING, MULTIPLE.") Sec. 3.10 BUILDING The word "building" includes the word "structure." Sec. 3.11 BUILDING, ACCESSORY A building detached from and subordinate to a main building on the same building MI site and used for purposes customarily incidental to those of the main building. Sec. 3.12 BUILDING, COMMUNITY A building for civic, social, educational, cultural and recreational activities of a neighborhood or community group or association and not operated primarily for financial gain. Sec. 3.13 BUILDING, EXISTING Any building upon which construction was lawfully begun or completed prior to the effective date of this Chapter or any subsequent amendments hereto. Sec. 3.14 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, Sub- section E.) Sec. 3.15 BUILDING LINE A line on a lot indicating the limit beyond which buildings or structures may not be erected. Sec. 3.16 BUILDING, -MAIN A building in which is conducted a principal or main use on the building site on which it is situated. Sec. 3.17 BUILDING SITE A parcel of land occupied or 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 Chapter relating to building sites. It includes the words "lot" and "plot." Sec. 3.18 BUILDING SITE, AVERAGE WIDTH That figure obtained by dividing the total area of the parcel of land FM by the maximum depth of such parcel measured in the general direction of the side lines. (See Section 30, Subsection C.5.) Sec. 3.2.0 CARE HOME A facility which provides general or rehabilitative care incident to old age or disability to two or more persons unrelated to the operator for which are payment is received. These homes exclude admission of residents less than semiambulatory or those needing long- term nursing care. Sec. 3.21 CITY OF HILO All of that 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 Kau and North Hilo; on the north by the Ahupuaa. of Paukaa and on the east by the sea. Sec. 3.22 COMMERCIAL AMUSEMENT ESTABLISHMENT Any place where entertainment or amusement is provided where the public on a commercial basis may observe or join in the activities. (See Section 18, Subsection B.21.) Sec. 3.23 COMMERCIAL EXCAVATION Any excavation or removal of natural materials not related to or not occasioned by an impending development of the site of such excavation. Sec. 3.24 CONFORMING In compliance with the regulations of the pertinent district. Sec. 3.25 CONSTRUCTION, BEGINNING OF The actual placing of construction materials in their permanent position, fastened in a permanent manner. Sec. 3.30 DENSITY The number of persons, or dwelling units or rentable units for a particular unit of (gross) land area. (When used with the terms low, medium, high, etc., it denotes relative comparison only among the various districts or areas in the County.) rM Sec. 3.31 DIRECTOR The Director of the Planning Department. Sec. 3.32 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" window or while they are in their car. Sec. 3.33 DWELLING A building or part thereof designed for and/or used for residential occupancy and containing one or more dwelling units. Sec. 3.34 DWELLING UNIT One or more rooms designed for or containing or used as the complete facilities for the cooking, sleeping and living area of a single-family only and occupied by no more than one family. Sec. 3.35 DWELLING, SINGLE-FAMILY A building con- taining only one dwelling unit. Sec. 3.36 DWELLING, DUPLEX OR DOUBLE -FAMILY A building containing only two dwelling units. Sec. 3.37 DWELLING, MULTIPLE A building containing more than two dwelling units. Sec. 3.38 DWELLING, MOBILE A structure or vehicle 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. Sec. 3.40 EASEMENT An acquired privilege or right of use or enjoyment which an individual, firm, corporation, unit of government, or group of individuals has in the land of another. Em Sec. 3.41 ERECTED The word "erected" includes "constructed," "reconstructed," "altered," "place," or "moved." Sec. 3.50 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, dormitory, motel, hotel or other commercial lodging house, dormitory, motel, hotel or other commercial lodging establishment. Sec. 3.51 FLOOR AREA, GROSS The total area of all floors of a building including a basement measured along the exterior walls of such building. Sec. 3.52 FLOOR AREA, NET The total gross floor area of all buildings occupying a parcel exclusive of floor area permanently allocated for parking or loading spaces. Sec. 3.53 FUTURE WIDTH LINES Lines established for purposes of future widening of an existing street and establishing the front property line of .affected property. The area within these lines or between a future width line and an existing street right-of-way line, shall be deemed to be street right-of-way. (See Section 29, C. and D.) Sec. 3.54 FRONTAGE That portion of a parcel of property which abuts on a road, street, or highway which affords access to the property. Sec. 3.60 GUEST HOUSE A detached accessory building used as sleeping quarters for guests of the occupants of the main dwelling on a non-commercial basis and having no cooking facilities. Sec. 3.61 GUEST OR RESORT RANCH An establishment with its surrounding land which offers recreational facilities such as riding, swimming, hiking, etc., and supplemental living accommodation. Sec. 3.70 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; no mechanical equipment used except as is normally. used for domestic or household purposes; and no selling of any commodity on the premises; which use is clearly incidental and secondary to the use of the dwelling for dwelling purpose and does not change the character thereof. 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 permitted as home occupations except that no activity involving, encouraging, or depending upon frequent visits by the public and no shop or clinic of any type shall be deemed to be a home occupation. Sec. 3.71 HOSPITAL .An institution in which patients or injured persons are given medical or surgical care. (Unless otherwise specified this means for persons only.) Sec. 3.72 HOTEL A building containing sleeping accommodations in six or more rooms for use of pFrsons, on a commercial basis whether such establishment is called a hotel, inn, motel, motor hotel, motor lodge, or otherwise, which rooms do not constitute dwelling units. Sec. 3.90 JUNK YARD The use of more than 200 square feet of land for storage or keeping of junk or scrap or waste M materials; or the use of any area for the dismantling or. wrecking of vehicles or machinery or for storage of parts resulting therefrom. Sec. 3.100 KENNEL Any premises keeping or having more than four dogs more than four months of age which are kept, boarded, or trained, whether in special buildings and/ or runways or not, and operated on a commercial basis. Sec. 3.110 LANDSCAPE OR LANDSCAPING To improve by landscape architecture or gardening. Sec. 3.111 LAND USE (See "USE, LAND") Sec. 3.112 LOT A building site as defined and used herein or a portion of land shown as a unit on an approved and recorded subdivision map. Sec. 3.113 LOT LINE Anv boundary of lot (orooerty line) Sec. 3.114 LOT LINE, INTERIOR Any line of the lot other than the street frontage. Sec. 3.115 LOT LINE, REAR The lot line that is generally opposite the street frontage. Sec. 3.120 MALL A public walk for pleasure, display, circulation, activity, relaxation, or exercise and composed of shrubs, trees, flowers, and street furniture. Inter- changeable with promenade. Minimum width is 20 feet. Sec. 3.121 MOBILE HOME PARK OR MOBILE DWELLING PARK Any space that is occupied or designed for occupancy by one or more mobile dwellings. Sec. 3.130 NON -CONFORMING BUILDING OR PARCEL A build- ing.or parcel lawfully in existence but which does not comply with the regulations for the district in which it is located. Sec. 3.131 NON-CONFORMING USE A use lawfully in existence at the time of adoption of this Chapter or a later amendment hereto but which does not conform to the regulations for the district in which it is located. Sec. 3.140 OLDER COMMUNITIES Designated areas within developed land that have established a community character due to the age of the physical improvements and being substandard in any one of the minimum building, street, water or sewage disposal requirements of the County. (See Sec. 35, Subsec. A.3) Sec. 3.150 PEDESTRIAN WAY A public right-of-way through a block between lots for pedestrian traffic, which may also be used as a utility easement. Maximum width is 20 feet. Sec. 3.151 PIGGERY Any parcel or premises where five (5) or more weaned hogs are maintained. Sec. 3.152 PLAN LINES FOR FUTURE STREETS Lines established for the purposes of future street construction and establishing the front property line of affected property. The area within these lines shall be deemed to be street right-of-way. (See Sec. 29, E. and F.) Sec. 3.170 RENTABLE UNIT A separate room or rooms for sleeping accommodations let, rented, or leased as a unit by the room or suite; however, in the case of sleeping accommo- dations let or rented by the bed, then a rentable unit shall be two beds. Sec. 3.171 RESORT AREA An area with facilities to accommodate the needs and desires primarily of visitors, tourists and transient guests. Sec. 3.180 SCHOOL A place for teaching, demonstra- tion, or for learning. However, unless otherwise qualified the word "school" shall mean a place for primarily academic instruction equivalent to what is commonly known as kinder- garten, grade school, high school, college or a combination of same. Sec. 3.181 STORY That part of any building between the base of a finished floor and the top of the finished ceiling next above it. Sec. 3.182 STREET A private or public way or thorough- fare, however designated, which affords the principal means of vehicular access to abutting properties. Sec. 3.183 STREET FRONTAGE That portion of a building site that has a common line with a street right-of-way line and said street frontage is designated as the front property line. Sec. 3.184 STRUCTURE Any combination of materials forming any construction the use of which requires location on the ground or attachment to something having location on the ground. The word "structure" shall be construed as though followed by the words "or part thereof." Sec. 3.200 USE The purpose to which land and/or any structure or improvement thereon is or may be put. (The word "use" is synonymous with terms "land use" and "use of land" unless the context clearly indicates otherwise.) Sec. 3.201 USE, ACCESSORY A use which is customarily associated with and subordinate to the main or orincioal u=e and which is located on the same building site therewith. Sec. 3.202 USE, LAND The word "land use" shall include "use of land," "building use," and "use of building." Sec. 3.203 USED The word "used" shall include "designated, intended or arranged to be used." Sec. 3.210 VISTA A long view; an exceptional view; a panoramic view; also the overlook or point from which such view is available. Sec. 3.240 YARD An open space on the same lot with a building, which open space lies between 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. Sec. 3.241 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 Sec. 30, Subsea. D.3.), Sec. 3.242 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 Sec. 30, Subsec. D.4 and 5.) Sec. 3.243 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 between the parallel lines.) Sec. 3.250 ZONE A "district" as used herein. Sec. 4 ADMINISTRATION AND ENFORCEMENT It shall be the duty of the Building Official to enforce any provisions of this Chapter relative to building construc- ow tion and occupancy; it shall be the duty of the Director to enforce all other provisions of this Chapter pertaining to land use; and it shall be the duty of all law enforcement officers of the County of Hawaii to enforce this Chapter and all the provisions of same. Sec. 4.01 PROHIBITIONS IN ISSUANCE OF PERMITS OR LICENSES All 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 Chapter and shall issue no such permits or licenses for uses, build- ings, or other purposes where the same would be in conflict with the provisions of this Chapter; any such permits or licenses, if issued in conflict with the provisions of this Chapter, shall be null and void. Sec. 5. APPEALS Appeals from actions of the Director in the administra- tion of this Chapter or regulations adopted pursuant thereto, shall be to the Board of Appeals in accordance with the County Charter. Sec. 6. AMENDMENTS This Chapter may be amended by changing the boundaries of districts or by changing any other provision hereof whenever the public necessity and convenience and the general welfare require such amendment. Sec. 5.01 WHO CAN .INITIATE An amendment may be initiated by: A. The County Council; B. The Planning Commission; C. The verified petition of seventy-five percent (75%) of the owners of the property within seven hundred 8-11 fifty (750) feet of the property under considera- tion 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 ($100.00). 1. 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 which will occur more than five (5) years after the date of filing such petition. 2. 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 surround- ing properties and to known landmarks or improvements. Sec. 6.02 PROCEDURE The Planning Commission shall hold at least one public hearing on any proposed amendment in the area or district affected by such amendment. A. 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. B. If the proposed amendment would change the district classification of any property, the Planning Com- mission shall give additional notice by mailing, 8-12 at least ten (10) days prior to the scheduled date of such hearing, a written 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. 1. If the hearing is the re=ult of a petition, the Planning Commic=ion may, by policy, require the petitioners to accompany the petition with the names. and latest known addresses of all owners as described above. 2. Any failure to mail or to receive written notices as aforesaid, shall not invalidate any proceedings for amendment of this Chapter. C. In considering an amendment which proposes to change the district classification of any property, the Planning Commission shall consider the purposes of the existing and proposed district and the pur- poses of this Chapter 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. D. 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 County Council. Such report shall be filed within ninety (90) days' 8-13 after receipt of the petition or after the date of the Council's 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 amend- ment by the Planning Commission and shall be so reported to the County Council. E. In. the event the Planning Commission approves the proposal, the County Council shall act on such proposal as indicated below. However, in the event the Planning Commission denies the proposal, its'decision is final except that the petitioners within fifteen (15) days after such action may in writing appeal such decision to the County Council, in which case the Council shall hear the matter in the same manner.as for an approval. F. Upon receipt of such report or appeal the County Council shall set the matter for public hearing and shall give notice thereof by two (2) publica- tions in a newspaper of general circulation within the County, one at least ten (10) days prior to the date of said hearing and the second, at least two (2) days prior to said hearing. After con- clusion of the hearing, the County Council may affirm, reverse or modify the Planning Commission's MME 8-15 decision and may adopt the proposed amendment or any part thereof in such form as said Council deems advisable. The County Council shall overrule or modify any decisions of the Planning Commission only by the affirmative vote of at least five (5) of its members. 1. The public hearing by the County Council shall be held within sixty (60) days after receipt of such report or appeal. G. 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 person=_ who signed such petition. The County _ Council 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 abandonment 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. Sec. 7. VARIANCES The Planning Commission may grant "variances" from the provisions of the Chapter provided that no variances shall be granted to allow a use not otherwise permitted within the district. Sec. 7.01 GROUNDS FOR VARIANCES No "variance" may be granted unless the Planning Commission rinds the following: 8-15 A. 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. B. That said special or unusual circumstances exist either to a degree which deprives the owner 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. C. That the granting of the "variance" shall not constitute a grant of personal or special privilege inconsistent with the limitations upon other pro- perties under identical district classification. D. That the granting ofthe"variance" shall not be inconsistent with the general purpose of the district or the intent and purpose of this Chapter 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. E. That the evidences to support the decision shall be recorded specifically. Sec. 7.02 APPLICATIONS FOR VARIANCES Application for a "variance" shall be on a form prescribed for this purpose by the Planning Commission and shall be accompanied by: A. A non-refundable, filing fee and processing fee of one hundred dollars ($100.00). B. A description of the property in sufficient detail to determine the precise location of the property involved. 0M. C. A plot plan of the property, drawn to scale, with all pr000sed structures shown thereon and any other information necessary to a proper determination relative to the specific request. D. Any other plans or information required by the Planning Commission. Sec. 7.03 PROCEDURE FOR VARIANCES The Planning Commission shall, within forty-five (45) days after the filing of a proper application or within such longer period as may be agreed to by the applicant, hold at least one public hearing on and shall render a decision on said application. A. Notice of the proposed public hearing and its purposes shall be published at least twice in a newspaper of general 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. B. In lieu of a published notice in a newspaper the Planning Commission may, by policy, requir.e 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. C. Under the latter procedure the proceedings shall not be nullified if some owners or leaseholders fail to receive such notice. Sec. 7.04 ACTIONS ON VARIANCES The Planning Com- mission shall deny, approve, or defer the application subject to conditions. 5-17 A. 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 equivalent or alternative to the regulation from which the variance is sought. B. 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. Sec. 7.05 APPEALS FROM ACTIONS ON VARIANCES Action of the Planning Commission shall be final but in case the applicant is dissatisfied with the Commission's decision, he may within thirty (30) days after such action is taken, appeal said decision in writing to the Board of Appeals. A. Said appeal shall be accompanied by a nonrefundable fee of ten dollars ($10.00). B. Said appeal shall set forth the basis of such anneal and shall specifically detail the manner in which it is alleged that the Planning Commission has erred in making its determination. C. The County Council upon receipt of such appeal shall set the matter for a hearing. 1. 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 the record of the Planning MM LQ Commission proceedings indicates expressed an interest in the subject action, either by mail or in-person. D. Within sixty (60) days after the filing of such appeal, the County Council shall affirm, modify or reverse the action from which the appeal was taken. Sec. 8. USE PERMITS "Use permits" may be issued as required or permitted for all other uses for .which a "use permit" is necessary. Sec. 8.01 PROCEDURE FOR USE PERMITS Application for a "use permit" and the procedural handling shall be pre- cisely the same as for an application for a "variance" as set forth in Sections 7.01 through 7.05, except as follows: A. The Planning Commission shall study the manner in which nearby properties are used, the character of the community and any other pertinent factors; shall analyze the propo'ed 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 integration of said use and the preservation of the purpose of the district and of this Chapter. R. The Planning Commission shall specify the following conditions pertaining thereto: location, amount and type of construction, type of use, its mainte- nance and operation, type and amount of traffic, off-street parking, condition and width of adjoining roads, access, nuisance values, appearance of the LQ building, landscaping, yards, open areas and other similar matters. C. If the Planning Commission 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 that no structure or improve- ment pertaining to the use proposed shall be permitted unless or until "plan approval" has been secured therefor. Sec. 9. NON -CONFORMING 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 replace- ment value, it may not be rebuilt and the remainder of that particular non -conforming portion shall be removed and/or brought into conformity but if said destruction is less than fifty percent (50%), then the destroyed portion may be rebuilt to equal the floor area before the destruction. The Department of Public Works shall determine the extent of damage to determine whether the building can be rebuilt to its non -conforming use. NMI B. Any non -conforming use of land or use of a build- ing may continue to the extent it existed at the time of adoption of this Chapter or any amendments hereto, provided that: 1. A non -conforming use may be enlarged within the building it occupies, but shall not be enlarged or increased to occupy 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 Chapter 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 periodoftwelve (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 Chapter. 3. If the portion of any building within which a non -conforming use is conducted should be destroyed or damaged by any means to an extent equivalent to at least fifty percent (50%) of its replacemFnt value, exclusive of foundations, then such damaged or destroyed portion may not be restored unless the use of the building is 8-21 changed to a conforming use; but if said damage or destruction is less than fifty percent (50%), then the building may be restored and such use may be resumed as it existed, provided that such restoration shall be com- pleted within one (1) year from the date of such damage or destruction. The Department of Public Works 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%) of the current re- placement value of such building in any one calendar year as determined by the Department of Public Works. 5. If a use of building is non -conforming because of a particular requirement of the district within which it is located (e.g.,parking, yards, height, distance between buildings, etc.), then the use may be enlarged and the building may be changed or added to, provided such enlargement, change or addition is itself in full compliance with the district regulations. Sec. 10. ACTS PROHIBITED Any building or structure or other improvement or develop- ment set up, erected, constructed, altered, enlarged, converted, 55F,� moved or maintained contrary to the provisions of this Chapter or any use of land contrary to the provisions of this Chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the Corporation. Counsel shall upon order of the County Council, immediately commence action or proceed- ings 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 jurisdiction to grant such relief as will abate and remove such building, structure, improvement, development or use, and restrain and enjoin any persons, firm or corporation from setting up, erecting, build- ing, maintaining, or using any such building, structure, improvement or development, or using any property contrary to the provisions of this Chapter. Sec. 11. PENALTIES Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the. provisions of this Chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00). Such persons, firm or corporation shall after conviction be deemed to be guilty of a separate offense for each and every day during which any violation of this Chapter is committed, continued, or permitted by such person, firm, or corporation, and shall be punished as herein provided. Sec. 12. REMEDIES CUMULATIVE The remediss provided for herein shall be cumulative and not exclusive. :ssic3 ARTICLE 2. Land Use Districts Sec. 1. DESIGNATION OF DISTRICTS The Land Use Districts of the County shall consist of the following districts: A. RS, Single Family Residential Districts (Article 3) B. RD, Double Family Residential Districts (Article 4) C. RM, Multiple Family Residential Districts (Article 5) D. RA, Residential and Agricultural Districts (Article 6) - E. A, Agricultural Districts (Article 7) F. U, Unplanned Districts (Article 8) G. V, Resort -Hotel Districts (Article 9) H. CO, Commercial Districts (Article 10) I. CN, Neighborhood Commercial Districts (Article 11) J. CG, General Commercial Districts (Article 12) K. CV, Village Commercial Districts (Article 13) L. ML, Limited Industrial Districts (Article 14) M. MG, General Industrial Districts (Article 15) N. 0, Open Districts (Article 16) O. Combining Districts (Section 2) Sec. 2. DESIGNATION OF COMBINING DISTRICTS "Combining Districts" shall consist of the following special purpose districts: A. S, Safety Districts (Article 17) MM Sec. 3, METHOD AND EFFECT OF ESTABLISHMENT OF DISTRICTS A. Any of the districts listed in Sections 1 and 2 of this Article are or may be established for any portion of the County by being described by metes and bounds or other appropriate means, which description shall be designated by an appropriate subsection number under Section 6 of this Article; or in map form, which map shall be designated by an appropriate subsection number under Section 7 of this Article, the procedure for the foregoing being as set forth in Ordinance No. 321 of the County of Hawaii, 1965. In case of conflict between the "Zoning Map" and metes and bounds delineating district boundaries, the latter shall control. B. Sections 6 and 7, and the subsections thereof, shall constitute the "Zoning Map" of the County of Hawaii, an up-to-date copy of which shall be kept for public display in the office of the Planning Department. C. The "Zoning Map" and all notations, references, data and other information shown thereon shall be a part of this Chapter. The adoption of or the change in the boundary of any district shall be by ordinance and shall constitute an amendment to this Chapter. . 5-25 Sec. 4. - APPLICATION OF DISTRICT REGULATIONS The provisions of this Chapter for each district shall apply uniformly to each class or kind of structure or land within said district, except as hereinafter or otherwise provided: A. 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 all of the regulations herein specified for the district in which such structure, land or premises is located. B. No building or other structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; 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 Chapter. _ C. No part of a yard, or other open space, or off- street parking or loading space required about or in connection with any building for the purpose of complying with this Chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building. 022 D. No yard or lot existing at the time of passage of this Chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards and lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter. Sec. 5. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the "Zoning Map," the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines; B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; C. Boundaries indicated as approximately following city limits shall be construed as following city limits; D. 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 actual high water lines, boundaries indicated as approximately following the center lines of streams, rivers, 8-27 canals, lakes, or other bodies of water shall be construed to follow such center lines; E. Boundaries indicated as parallel to or extensions offeatures indicated in subsections A through D 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." F. Where physical or cultural features existing on the ground vary from those shown on the "Zoning Map," or in other circumstances not covered by subsections A through D, the Director shall determine the location of such boundaries. Sec. 6. SCHEDULE OF DESCRIPTIONS The metes and bounds descriptions in the following schedule delineate the land use districts designated in Sections 1 and 2 of this Article RM Sec. 6.02(a) The District Classification of the following area situated at Kealakehe, North Kona, Hawaii, shall be Double Family Residential. Beginning at the east corner of this parcel of land, the north corner of Kealakehe, School Lot, Executive Order No. 2312, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAHUOLU" being 7,874.04 feet north and 14,478.19 feet east and thence running by azimuths measured clockwise from true south: 1. 650 06' 440.00 feet along Kealakehe School Lot, Executive Order No. 2312; 2. 1550 06' 500.00 feet along State of Hawaii lands, General Lease No. 3432; 3. 2450 06' 440.00 feet along State of Hawaii lands, General Lease No. 3432; and, 4. 3350 06' 500.00 feet along the west side of a 50 -foot road, to the point of beginning and containing an area of 5.05.acres more or less. Sec. 6.02(b) The District Classification of the following area situated at Pahoehoe 4th, North Kona, Hawaii, shall be Resort -Hotel: Beginning at the southwest corner of this parcel of land, the southwest corner of Lot 2, portion of R.P. 4221, L. C. Award 4705:2 to Moopuu, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kahelo" being 9386.71 feet south and 4772.26 feet east and running by azimuths measured clockwise from true south: 1. 2570 18' 43.72 feet along the middle of stonewall along Lot 2, portion of R. P. 4221, L. C. Award 4705:2 to Moopuu for the next two (2) courses, their direct .azimuths and distances being: 2. 2530 49' 22.03 feet; 3. 2470 47' 52.17 feet; Thence along Grant 1927 to Kipapa, for the next two (2) • courses, their direct azimuths and distances being: 4. 0 256 00' 80.00 feet; 5. 2660 30' 100.65 feet; Thence along the middle of stonewall along Grant 1927 to Kipapa for the next eighteen (18) courses, their direct azimuths and distances being: 6. 2450 58' 97.10 feet; 7. 2700 25' 28.96 feet; 8. 2610 53' 38.66 feet; 9. 2740 '23' 45.52 feet; 10. 2780 18' 37.56 feet; 11. 2780 50' 40.71 feet; 12. 2790 26' 30" 21.16 feet; 13. 2670 57' 51.78 feet; 14. 2730 45' 35.65 feet; 15. 2780 42' 72.32 feet; 16. 2680 45' 30" 46.63 feet; 17. 2730 36' 30" 35.88 feet; 18. 2760 30' 30" 40.58 feet; 19. 2850 36' 27.71 feet; FIM 20. 2760 42' 25.54 feet; 21. 2830 27' 44.49 feet; 22. 2790 34' 30" 48.17 feet; 23. 2890 32' 30" 33.82 feet; Thence along the remainder of Grant 1927 to Kipapa, the azimuth and distance being: 24. 3080 12' 30" 25.48 feet; Thence along the middle of stonewall, along L. C. Award 7716:4 to R. Keelikolani for the next fourteen (14) courses, the direct azimuths and distances being: 25. 800 14' 30" 64.37 feet; 26. 770 52' 46.00 feet; 27. 820 02' 42.48 feet; 28. 780 55' 37.25 feet; 29. 800 24' 41.85 feet; 30. 730 47' 61.67 feet; 31. 770 38' 44.17 feet; 32. 350 58' 30" 47.26 feet; 33. 720 28' 110.12 feet; 34. 760 17' 96.14 feet; 35. 780 40' 77.37 feet; 36. 810 06' 100.12 feet; 37. 830 09' 14.51 feet; 38. 770 13' 49.99 feet; 8-31 Thence along the middle of stonewall, along Lot "A," Gcuveia Subdivision, the azimuths and distance being: 39. 770 53' 155.73 feet; Thence along the easterly side of Alii Drive, along a curve to the left, with a radius of 1171.30 feet, the azimuths and distance of the chord being: 40. 1540 27' 51.33" 233.08 feet to the point of beginning and containing an area of 3.98 acres more or less. Sec. 7. SCHEDULE OF MAPS The maps described in the following schedule delineate the land use districts designated in Sections 1 and 2 of this Article and are hereby incorporated by reference to this Chapter. A copy of each map referred to shall be filed in the office of the County Clerk. Sec. 7.01 North and South Kona Districts Zone Map, as adopted on February 17, 1967, by the County Planning Commission of the County of Hawaii. Sec. 7.01(a) The district classification of the following area situated at Kealia 2nd, South Kona, Hawaii, shall be Agricultural (A -la): Beginning at a pipe at the northwest corner of this parcel of land the coordinates of said point of beginning referred to Hawaiian Plane Coordinate Grid System Zone 1 being 204,637.25 feet North and 368,741.26 feet East and running by plane azimuths measured clockwise from true South: 1. 2600 56' 158.30 feet along ancient trail along remainder of L. C. Aw. 10744, Apana 2 to Puakou to a pipe; 2. 2580 32' 264.35 feet along ancient trail along remainder of L.C. Aw. 10744, Aoana 2 to Puakou to a pine; 3. 2480 51' 302.10 feet along ancient trail along remainder of L.C. Aw. 10744, Apana 2 to Puakou to a pine; 8-32 4. 2430 07' 30" 5. 2530 16' 890 6. 2550 27' 59' 7. 2630 42' 30" 8. 2990 07' 9. 3370 53' 30" 10. 3380 57' 30" 11. 3360 18' 12. 690 17' 13. 610 51' 14. 890 30' 15. 730 59' 16. 590 52' 17. 700 42' CM 8-33 142.50 feet along ancient trail along remainder of L. C. Aw. 10744, Apana 2 to Puakou to a pipe; 165.90 feet along ancient trail along remainder of L. C. Aw. 10744, Apana 2 to Puakou to a pipe; 71.70 feet along ancient trail along remainder of L. C. Aw. 10744,Aoana 2 to Puakou to a pipe; 11.40 feet along ancient trail along remainder of L. C. Aw. 10744, Anana 2 to Puakou to a pine; 14.95 feet along ancient trail along remainder of L. C. Aw. 10744, Anana 2 to Puakou to a oine; 110.90 feet along remainder of L. C. Aw. 10744, Anana 2 to Puakou and L. C. Aw. 1938-C to Kaahui to a pine; 119.15 feet along remainder of L. C. Aw. 1938-C to Kaahui and L. C. Aw. 7716, Anana 6 to Ruth Keelikolani to a pine; 17.40 feet along remainder of L. C. Aw. 7716, Anana 6 to Ruth Keelikolani to a pine; Thence following L. C. Aw. 9971, Apana 29 to William F. Leleihoku for the next seventeen (17) courses the direct azimuth and distance between points being: 51.00 feet to a pine; 39.80 feet to a pipe; 13.95 feet to a nail in rock; 14.60 feet to a nail in rock; 21.95 feet to a spike in rock; 60.60 feet to a pipe; 18. 760 07' 30" 94.10 feet to a pipe; 19. 630 45' 45.25 feet to a pipe; 20. 670 17' 30" 132.10 feet to a pipe; 21. 680 19' 130.60 feet to a pipe; 22. 750 53' 30" 201.95 feet to a pipe; 23. 790 40' 30" 93.75 feet to a pipe; 24. 76° 31' 30" 120.45 feet to a pipe; 25. 81u 51' 30" 183.15 feet to a pipe; 26. 1830 15' 30" 140.95 feet to a pipe; 27. 870 16' 30" 20.00 feet along remainder of L. C. Aw. 1938-C to Kaahui to a pipe; 28. 1760 03' 113.59 feet along remainder of L. C. Aw. 1938-C to Kaahui and L. C. Aw. 10744, Apana 2 to Puakou to the point of beginning and containing an area of 7.233 acres. All as outlined in red on the map marked 7.01(a) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subject area be responsible for submittal of a subdivision plan substantially as presented and for securing tentative approval of the plan within one (1) year from the date of approval of the change of zone; and (B) the owner or lessee of the 'subject area be responsible for the construction of two (2) dwellings within three (3) yAars of the date of approval of the change of zone. Should these conditions not be met, action may be taken to nullify any subdivision approval and to reclassify the subject area to a more appropriate designation. NI Sec. 7.02 North Kona Zone Map, as adopted on February 17, 1967, by the County Planning Commission of the County of Hawaii. Sec. 7.02(a) The District Classification of a certain area of land situated in Kealakehe, North Kona, Hawaii, said area outlined in red and designated on the map marked 7.02(a) and made a part hereof, shall be Double Family Residential (RD -3.75). 8-35 Sec. 7.02(b) The District Classification of certain land situated at Pahoehoe 4th, North Kona, Hawaii, said area outlined in red and designated on the map marked 7.02(b) and made a part hereof, shall be Resort -Hotel (V-1.25) District. Sec. 7.02(c) The District Classification of the following area situated at Laaloa 1st, Laaloa 2nd and Kapalaalaea 1st, North Kona, Hawaii, shall be Single -Family Residential: Beginning at the southeast corner of this parcel of land and on the northerly boundary of Grant 3019 at Kaaipulu, the approximate coordinates of said point of beginning referred to Government Survey Triangulation Station "Kailua" being 18208 feet South and 13552 feet East, and running by azimuths measured clockwise from true South: 1. 770 20' 327 feet, a little more or less, along an old stonewall along the northerly boundary of Grant 3019 to Kaaipulu; 2. 820 00' 277 feet, a little more or less, along an old stonewall along the northerly boundary of Grant 3019 to Kaaipulu to a point on the easterly side of the old Kailua-Keauhou Middle Road; thence along the easterly side of Kailua-Keauhou Middle Road for the next eight courses; 3. 2070 35' 205 feet, a little more or less; thence along a curve to the left having a radius of about 175 feet, the chord azimuth and distance being: 4. 1850 30' 131 feet, a little more or less; 5. 1630 25' 199 feet, a little more or less; thence along a curve to the right having a radius of about 107 feet, the chord azimuth and distance being: 9M 6. 1840 25' 76 feet, a little more or less; thence along a curve to the left having a radius of 146 feet, a little more or less, the chord azimuth and distance being: 7. 1610 30' 118 feet, a little more or less; 8. 1570 40' 502 feet, a little more or less; thence along a curve to the right having a radius of 150 feet, a little more or less, the chord azimuth and distance being: 9. 1660 20' 46 feet, a little more or less; 10. 1750 05' 94 feet, a little more or less; thence along an old stonewall along the southerly boundary of Grant 1869 to Kekamakahi for the next three courses; 11. 2420 15' 461 feet, a little more or less; 12. 2520 35' 165 feet, a little more or less; 13. 2250 10' 153 feet, a little more or less; thence along a curve to the right having a radius of about 600 feet, the chord azimuth and distance -being 14. 3500 05' 262 feet, a little more or less, along a line parallel to and a little east of an old railroad bed; 15. 3580 55' 1304 feet, a little more or less; along a line parallel to and a little east of an old railroad bed to the point of beginning and containing an area of 19.4 acres, a little more or less. as shown on the map attached hereto, marked 7.02(c), and made a part hereof. 8-37 Sec. 7.02(d) The District Classification of the following area situated at Hokukano 1st, North Kona, Hawaii, shall be Agriculture Zone (A -la): Beginning at the northeast corner of this parcel of land on the west side of the Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Puu Ohau" being 4,823.39 feet north and 10,432.46 feet east, and thence running by azimuths measured clockwise from true south: 1. 3280 29' 30" 137.00 feet along the west side of Mamalahoa Highway; 2. 70 00' 317.95 feet along the remainder of Grant 864 to H. I. Holdesworth and R.P. 3903, L. C. Aw. 7277-C to Hano; 3. 1600 00' 153.79 feet along the remainder of R. P. 3903, L. C. Aw. 7277-C to Hano and Grant 864 to H. I. Holdesworth; 4. 2550 25' 30" 31.24 feet along the middleof a stonewall on the south side of a 30.00 feet wide roadway; 5. 2530 39' 30" 260.05 feet along the middle of a stonewall.on the south side of a 30.00 feet wide roadway to the point of beginning and containing an area of 1.00 acre more or less. All as outlined in red on the map marked 7.02(d) and made a part hereof. Sec. 7.02(e) The District Classification of the following area situated at Kealakehe Homesteads, North Kona, Hawaii, shall be Multiple Family Residential (RM -5): Beginning at the northeast corner of this parcel of land, the northwest corner of the Hawaii Housing Authority parcel, the coordinates of said point of RM beginning referred to Government Survey Triangulation Station "Keahuolu" being 8,283.28 feet north and 14,190.69 feet east and running by azimuths measured clockwise from true south: 1. 650 06' 920.00 feet along the northwest boundary of the Hawaii Housing Authority parcel and along State of Hawaii lands, portion of General Lease No. 3432; 2. 1550 06' 920.00 feet along State of Hawaii lands, portion of General Lease No. 3432; 3. 2450 06' 920.00 feet along State of Hawaii lands, portion of General Lease No. 3432; 4. 3350 06' 920.00 feet along the southwest side of a 50 -foot road to the point of beginning and containing an area of approximately 19.43 acres more or less, as outlined in red on the map marked 7.02(e), and made a part hereof. Sec. 7.02(f) The District Classification of the following area situated at Kealakehe.. Homesteads, North Kona, Hawaii, shall be Single -Family Residential, Minimum Lot size 7,500 square feet (RS -7.5): Beginning at the Southwest corner of this parcel of land on the West side of a Homesteads Road Reserve, the coordinates of said point of beginning referred to triangulation station."Laupauwila" being 30.83 feet North and 14.33 feet West and running by azimuths measured clockwise from true South: 1. 1550 04' 30" 1412.16 feet along the East side of a 50 foot Government Road Reserve; 2. 1550 02' 30" 1533.34 feet along the East side of a 50 foot Government Road Reserve; 3M EM Thence along the South side of a 20 foot Homesteads Road for the next six (6) courses the direct azimuths and distances being: 3. 2610 15' 934.00 feet; 4. 2960 57' 209.84 feet; 5. 3190 03' 30" 97.00 feet; 6. 2850 18' 526.70 feet; 7. 3190 59' 96.30 feet; 8. 2720 50' 214.73 feet; 9. 210 42' 180.38 feet along the West side of Palani Road; Thence along the West side of Palani Road along a curve to the left having a central angle of 250 11' 00" and a radius of 739.30 feet, the direct chord azimuth and distance being: 10. 90 06' 30" 331.06 feet; 11. 3560 31' 200.60 feet along the West side of Palani Road: Thence along the West side of a. Homesteads Road Reserve for the next five (5) courses, the direct azimuths and distance being: 12. 80 38' 40" 133.93 feet; 13. 250 25' 686.00 feet; 14. 210 30' 546.00 feet; 15. 3600 00' 260.00 feet; 16. 240 35' 227.00 feet to the point of beginning and containing an area of 62.629 acres more or less; As outlined in red on the map marked 7.02(f) and made a part hereof. EM Sec. 7.02(g-1) The District Classification of the following area situated at Honuaino 2nd, North Kona, Hawaii, shall be Village Commercial (CV -7.5): Beginning at the northeast corner of this parcel of land at the southwest corner of Land Court Application 1605 and at the northwest corner of a portion of R. P. 1098, L. C. Aw. 614 to Charles Hall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 HAD" being 6917.30 feet north and 9243.74 feet east and running by azimuths measured clockwise from true south: 1. 3310 10' 30" 2. 720 19' 30" 3. 760 14' 40" 4. 1670 04' 00" 216.60 feet along a portion of R.P. 1098, L. C. Aw. 614 to Charles Hall; 151.31 feet along existing roadway; 79.58 feet along same; 219.20 feet along Parcel 2; 5. 255 08' 30" 171.08 feet along a portion of R. P. 1098, L. C. Aw. 614 to Charles Hall, Ethel V. Paris, owner to the point of beginning and containing an area of 43,560 square feet or 1.00 acre. All as outlined in red on .the map marked 7.02(g-1) and made a part hereof. Sec. 7.02(g-2) The District Classification of the following area situated at Honuaino 2nd, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at the northeast corner of this parcel of land and on the southerly side of a portion of R. P. 1098, L. C. Aw. 614 to Charles Hall the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 HAU" being 6,876.32 feet north and 9,077.64 feet east and running by azimuths measured clockwise from true south: :ESI 1. 3470 04' 00" 219.20 feet along Parcel 3; 2. 760 14' 40" 107.98 feet along existing roadway; 3. 740 53' 30" 280.24 feet along same; 4. 1640 01' 40" 225.25 feet along Parcel 1; 5. 2560 08' 30" 400.00 feet along a portion of R. P. 1098, L. C. Aw. 614 to Charles Hall, Ethel V. Paris, owner to the point of beginning and containing an area of 87,120 square feet or 2.00 acres. All as outlined in red on the map marked 7.02(8-2) and made a part hereof. Sec. 7.02(h) The District Classification of the following area situated at Kealakehe Homesteads, North Kona, Hawaii, shall be Multiple -Family Residential, 5,000 square feet of land area per rentable unit (RM -5): Beginning at the east corner of this parcel of land, the north corner of Kealakehe School Lot, Executive Order No. 2312, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAHUOLU" being 7,874.04 feet north and 14,478.19 feet - east and thence running by azimuths measured clockwise from true south: 1. 650 06' 440.00 feet along Kealakehe School Lot, Executive Order No. 2312; 2. 1550 06' 500.00 feet along State of Hawaii lands, General Lease No. 3432; 3. 2450 06' 440.00 feet along State of Hawaii lands, General Lease No. 3432; and, 4. 3350 06' 500.00 feet along the west side of a 50 -foot road, to the point of beginning and containing an area of 5.05 acres more or less. All as outlined in red on the map marked 7.02(h) and made a part hereof. e Sec. 7.02(i) The District Classification of the following area situated at Keahuolu, North Kona, Hawaii, shall be Village Commercial (CV -10): Beginning at the south corner of this parcel of land, thirty (30.00) feet east of Palani Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA NORTH MERIDIAN" being 624.71 feet north and 158.43 feet west and running by azimuths measured clockwise from true south: 1. 2070 26' 473.35 feet along remainder of L. C. Aw. 8452, Apana 12 to Keohokalole; Thence along remainder of L. C. Aw. 8452, Apana 12 to Keohokalole on a curve to the right with a radius of 275.00 feet, the chord azimuth and distance being: 2. 2510 38' 30" 383.50 feet; 3. 2950 51' 90.86 feet along remainder of L. C. Aw. 8452, Apana 12 to Keohokalole; 4. 520 56' 30" 831.84 feet along L. C. Aw. 8559-B, Apana 11 to Wm. C. Lunalilo to the point of beginning and containing an area of 2.697 acres. All as outlined in red on the map marked 7.02(i) and made a part hereof. Sec. 7.02(j) The District Classification of the following area situated at Kanaueue 2nd, North Kona, Hawaii, shall be Neighborhood Commercial (CN -10): Beginning at the southwest corner of this parcel - of land, the coordinates of which referred to Government 8-43 Survey Triangulation Station "PUU OHAU" being 3,121.81 feet North and 11,268.93 feet East and thence running by azimuths measured clockwise from true South: 1. 1670 36' 30" 135.43 feet along the easterly side of the Mamalahoa Highway; 2. 2590 45' 220.18 feet along stonewall, along Grant 146 to George Thornton; 3. 2530 44' 17.28 feet along stonewall, along Grant 146 to George Thornton; 4. 3450 58' 121.51 feet along remainder of Grant 173 to John Peters; 5. 750 58' 236.97 feet along the northerly side of a 30 -foot wide Road Reserve to the Kona Hospital, to the point of beginning and containing an area of 30,500 square feet. All as outlined in red on the map marked 7.02(j) and made a part hereof. Sec. 7.02(k) The District Classification of the following area situated at Keahuolu, North Kona, Hawaii, shall be Single Family Residential (RS -15): Beginning at the northwesterly corner of this parcel of land on the easterly side of Palani Road and the south corner of Lot 14 of Kealakehe Homesteads 1st Series, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAHUOLU" being 6,761.79 feet north and 15,350.23 feet east,thence running by azimuths measured clockwise from true south: 1. 2490 51' 799.52 feet along the south. boundary of Kealakehe Homesteads 1st Series; 2. 2480 55' 30" 223.74 feet along same; 3. l0 55' 30" 1,316.53 feet along the remainder of R. P. 6851, L. C. Aw. 8452, Ap. 12 to A. Keohokalole; 0 8-45 Thence along same on a curve to the right with a radius of 5,400.00 feet, the chord azimuth and distance being: 4. 11 52' 07.5" 1,864.96 feet; 5. 0 65 35' 30" 685.00 feet along same; Thence along the east side of Palani Road on a curve to the left with a radius of 736.80 feet, the chord azimuth and distance being: 6. 1650 09' 12" 358.38 feet; 7. 171 04' 40" 997.22 feet along same; Thence along same on a curve to the right with a radius of 935.40 feet, the chord azimuth and distance being: 8. 1850 06' 40" 453.64 feet; 9. 1990 08' 40" 351.37 feet along same; Thence along same on a curve to the left with a radius of 975.40 feet, the chord azimuth and distance being:, 10. 1850 36' 40" 456.51 feet; 11. 1720 04' 40" 159.83 feet along same; Thence along same on a curve to the right with a radius of 674.50 feet, the chord azimuth and distance being: 12. 1860 18' 25" 331.59 feet to the point of beginning and containing an area of 65.65 acres. All as outlined in red on the map marked 7.02(k) and made a part hereof. 8-45 Sec. 7.02(1) The district classification of the following area situated at Holualoa 2nd, North Kona, Hawaii, shall be Village Commercial (CV -10): 0=0 Beginning at the northwest corner of this parcel of land and on the northeasterly side of Kuakini Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN" being 11,321.29 feet south and 9,715.12 feet east, and running by azimuths measured clockwise from true south: 1. 2440 11' 537.65 feet along the remainder of R. P. 4475, L. C. Award 7713, Apana 43 to Victoria Kamamalu to a, point on the southwesterly side of Kailua-Keauhou Middle Government Road; thence follow- ing along the southwesterly side of said road and along the northeasterly face of an old stone wall for the next sixteen (16) courses: 2. 2920 02' 30" 100.73 feet to a "+" cut in rock; 3. 3030 57' 26.23 feet to a "+" cut in rock; 4. 295° 23' 209.47 feet to a "+" cut in rock; 5. 2910 34' 30" 47.19 feet to a "+" cut in rock; 6. 2810 01' 134.46 feet to a "+" cut in rock; 7. 2850 41' 30" 33.47 feet to a "+" cut in rock; 8. 2970 40' 28.62 feet to a "+" cut in rock; 9. 3030 32' 30" 48.81 feet to a "+" cut in rock; 10. 3000 54' 30" 71.41 feet to a "+" cut in rock;. 11. 3000 54' 47.30 feet to a "+" cut in rock; 12. 3220 20' 30" 75.18 feet to a "t" cut in rock; 13. 3150 45' 27.04 feet to a "+" cut in rock; 14. 3030 29' 30" 25.62 feet; 15. 3090 34' 48.31 .feet;. 16. 318c 39' 23.09 feet to a spike; 17. 3300 11' 20.41 feet to a spike; thence continuing along the westerly 0=0 9M side of the Kailua-Keauhou Middle Government Road and along the easterly face of an - old stone wall for the next five (5) courses: _ 18. 60 13' 145.21 feet to a "+" cut in rock; 19. 3580 42' 35.59 feet to a "+" cut in rock; 20. 3530 11' 30" 36.77 feet to a "+" cut in rock; 21. 3530 35' 30" 220.63 feet to a "+" cut in rock; 22. 3520 48' 69.51 feet; thence along the windings of the middle of an old stone wall along the nor therly boundary of Grant 1591 to Hoolowaihonua for the next nine (9) courses, the direct azimuths and distances being: 23. 750 28' 57.92 feet to anail in rock; 24. 870 08' 39.22 feet to a nail in rock; 25. 600 41' 68.78 feet to a nail in rock; 26. 82c 30' 30" 47.57 feet to a nail in rock; 27. 730 '42' 281.51 feet to a nail in rock; 28. 870 19' 20.31 feet to a nail in rock; 29. 770 '31' 291.95 feet to a spike in rock; 30. 860 14' 51.75 feet to a spike in rock; 31. 750 46' 52.68 feet to a spike in rack in the easterly side of Kuakini Highway; 32. 1540 11' 1,045.08 feet along the easterly side of Kuakini Highway to the point of beginning and con- taining an area of 23.777 acres, a little more or less. All as outlined in red on the map marked 7.02(1) and made a part hereof. 9M Sec. 7.02(m) The district classification of the following area situated at Kaloko, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at a pipe in concrete on the westerly boundary of Lot 1-A-1, the coordinates of which referred to Government Survey Triangulation Station "MOANUTAHEA" being 13,032.44 feet south and 8,022.4.0 feet west, and thence running by AZIMUTHS measured clockwise from true South: 1, 1830 28' 73.82 feet along the easterly side of Hawaii Belt Road, F.A.P. No. F-10(5), to a pipe in concrete; 2. 2660 38, 837.90 feet along Kohanaiki- Kaloko boundary to a pipe in concrete; Thence along the westerly side of the old Government Road, for the following seven (7) courses: 3. 3280 31' 30" 117.48 feet to a pipe in concrete; 4. 3310 18, 99.49 feet to a pipe in concrete; 5. 3340 45' 29.07 feet to a pipe in concrete; 6. 3560 43' 199.89 feet to a pine in concrete; 7. 3350 52' 30" 208.90 feet to a pine in concrete; 8. 3450 02' 30" 116.97 feet to a pine in concrete; 9. l0 12' 96.34 feet to a pine in concrete; thence; 10. 1350 00, 450.77 feet along Lot 1-A-2 (100 foot wide Road Reserve), to a pipe in concrete; Thence along Lot 1-A-2 (100 foot wide Road Reserve), on a 1091.74 foot radius curve to the left, the chord azimuth and distance being: 11. 1140 14' 774,20 feet to a pipe in concrete; 12. 930 28' 15.85 feet along Lot 1-A-2 (100 foot wide Road Reserve), to a pipe in concrete; Thence along Lot 1-A-2 (100 foot wide Road Reserve) on a 50.00 foot radius curve to the right, the chord azimuth and distance being: 13. 1380 28' 70.71 feet to the point of beginning and containing an area of 7.352 acres. Ali as outlined in red on the map marked 7.02(m) and made a part hereof. Sec. 7.02(n) The district classification of the following area situated at Kaloko, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at a nail in concrete at the Northwest corner of this lot, and being also the Southwest corner of Lot 2D (2), and on the Easterly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 16,851.96 feet South and 7,608.21 feet West, thence running by azimuths measured clockwise from true South: 1. 2580 13' 45" 885.88 feet along Lot 2D (2) and 40 foot Road Reserve to a pine in concrete; 2. 3450 06' 553.29 feet along Lot 2E to a pine in concrete; 3. 780 03' 30" 153.23 feet along Honokohau lst- Kaloko Boundary along R. P. 7587, L. C. Aw. 11216, Ap. 36 to M. Kekauonohi to a pipe in concrete; 4. 840 03' 30" 180.03 feet along Honokohau lst- Kaloko Boundary along R. P. 7587, L. C. Aw. 11216, Ap. 36 to M. Kekauonohi to a pipe in concrete; 5. 61 57' 30" 116.94 feet along Honokohau lst- Kaloko Boundary along R. P. 7587, L. C. Aw. 11216, An. - 36 to M. Kekauonohi to a pipe in .concrete; 6. 730 42' 144.01 feet along Honokohau lst- Kaloko Boundary along R. P. 7587, L. C. Aw. 11216, Ap. 36 to M. Kekauonohi to a pipe in concrete; FMMI , 7. 162' 30' 287.10 feet along R. P. 6938, L.C. Aw. 9160 to Kanu to a pipe in concrete; 8. 660 20' 541.20 feet along R. P. 6938, L.C. Aw. 9160 to Kanu to a pipe in concrete; 9. 2080 40' 136.11 feet along stonewall along the Easterly side of Mamalahoa Highway to a pipe in concrete; 10. 1920 34' 44.71 feet along stonewall along the Easterly side of Mamalahoa Highway to a pipe in concrete; 11. 1790 19' 45.06 feet along stonewall along the Easterly side of Mamalahoa Highway to a in rock; 12. 1800 06' 30" 37.68 feet along stonewall along the Easterly side of Mamalahoa Highway to a pipe in concrete; 13. 201° 44' 39.46 feet along stonewall along the Easterly side of Mamalahoa Highway to a pipe in concrete; 14. 2060 53' 57.23 feet along stonewall along the Easterly side of Mamalahoa Highway to a pipe in concrete; 15. 1960 40' 53.51 feet along stonewall along the Easterly side of Mamalahoa Highway to a pipe in concrete; M. 1920 06' 30" 59.75 feet along stonewall along the Easterly side of Mamalahoa ]Highway to the point of beginning and containing an area of 10.666 acres. All as outlined in red on the map marked 7.02(n) and made a part hereof. LIM This section shall take effect forthwith upon the condition that the applicant, land owner or lessee, of the subiect land shall submit an application for subdivision within one year of the date of approval by thr Council; and if said condition is not complied with, the Planning Commission shall reserve the right to review the application for possible down -zoning. Sec. 7.02(o) The District Classification of the following area situated at Puaa 1st, North Kona, Hawaii, shall be Multiple Family Residential (RM -2): Beginning at the Northwest corner of this parcel of land and on the East side of Kuakini Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 4,971.88 feet North and 882.55 feet West, thence running by azimuths measured clockwise from true South: 1. 2660 44' 30" 758.74 feet along the remainder of R. P. 7845, L. C. Aw. 7715, Apana 13 to Leta Kamehameha; 2. 3460 29' 45" 421.61 feet along same; 3. 840 27' 00" 631.26 feet along same; 4. 1510 59' 00" 484.67 feet along the East side of Kuakini Highway to the point of beginning and containing an area of 6.858 acres. All as outlined in red on the map marked 7.02(o) and made a part hereof. This section shall take effect forthwith upon the conditions that (1) the proposed development shall comply to the goals, policies and standards of multiple residential developments as contained within the General Plan and (2) the zoning of the mauka three (3) acres will not become effective until substantial development has occurred in the lower 3.858 acres. Substantial development is defined as building permits issued and construction commenced on 15 per cent of the permanent structures of the entire 8-51 project. For the purpose of computing the 15 per cent, it shall be understood to include the total number of units (128) involved in the project. Sec. 7.02(p) The District Classification of the following area situated at Kealakehe Homesteads, North Kona, Hawaii, shall be Single Family Residential (RS -10): Beginning at the Northwest corner of this parcel of land on the Southeast side of Palani Road, being also the Southwest corner of Lot 1, Tax Map Key 7-4-06:3, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN" being: 12,759.93 feet North and 5,526.07 feet East, thence running by azimuths measured clockwise from true South and distances: 1. 2640 35' 00" 2. 3500 05' 00" 3. 830 20' 00" 4. 720 35' 00" 5. 2010 33' 20" 125.83 feet along said Lot 1; 315.48 feet along Grant 3823; 269.28 feet along the same, along the north end of an old road and along Lot 15, Tax Map Key 7-4-04:16; 50.85 feet along said Lot 15; 371.26 feet along Palani Road to the point of beginning and containing an area of 1.604 acres. All as outlined in red on the map marked 7.02(p) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area under consideration be zoned in two (2) incre- ments, the first increment consisting of three (3) lots and the second increment consisting of the remaining two (2) lots. The effective date of zoning of the next increment shall be after development has occurred on the previous zoning increment. Development is defined as building permits issued for residential dwelling units and construction partially completed - partially completed in the sense of having roofs - on twenty-five(25) RM percent of the permanent structures of the previous increment; and (B) the owner or lessee of the suh;ect parcel submit subdi- vision plans no later than one (1) year from date of approval of the change of zone request, should such be granted. Should this condition not be met, the Commission shall reserve the right to reconsider the request and initiate a change of zone to the original zoning designation. Sec. 7.02(q) The District Classification of the following area situated at Kealakehe Homesteads, North Kona, Hawaii, shall be Single Family Residential (RS -10): Beginning at the Northwest corner of this parcel of land on the Bast side of Lot 20, Grant 6274, the coordinates of said point of beginning referred to Government Survey Station "KALIHI" being 142.04 feet N,rth and 903.13 feet West and running by azimuths measured clockwise from true South: 1. 2450 35' 30" 480.95 feet along Parcel B; 2. 3330 21' 30" 511.72 feet along Parcel D and Parcel C; 3. 660 05' 343.13 feet along L.C. Aw. 8452, Ap. 12 to L. Kamehameha; 4. 670 57' 157.93 feet along same; 5. 155° 35' 30" 501.85 feet along Lot 20, Grant 6274 to the point of beginning and containing an area of 5.729 Acres, more or less. All as outlined in red on the map marked 7.02(q) and made a part hereof. This section shall take effect forthwith upon the condition that (A) the subject area be zoned in three (3) increments, the first two (2) increments consisting of seven (7) lots with the third (3rd) increment consisting of the remaining lots. The effective date of zoning of the next increment shall be after development has occurred in the previous zoning increment or E:15Yc7 increments. Development is defined as building permits issued for residential dwelling units and construction partially completed - partially completed in the sense of having roofs - on twenty five (25) percent of the permanent structures of the previous increment or increments; and (B) the owner or lessee of the subject parcel submit subdivision plans no later than one (1) year from the date of approval of the change of zone, should such be granted. Should this condition not be met, the Commission shall reserve the right to reconsider the request and initiate a change of zone to the original zoning designation. Sec. 7.02(r-1) The District Classification of the following area situated at Keopu 3rd, North Kona, Hawaii, shall be Agricultural (A -3a): Beginning at a "+" on .rock at the northeast corner of this parcel of land, and on the westerly side of Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "KAHELO" being 13,058.35 feet North and 9,837.01 feet East, and thence running by azimuths measured clockwise from True South: Along the westerly side of Mamalahoa Highway for the following eight (8) courses: 1. 334° 31' 155.93 feet; 2. 3400 38' 30" 209.61 feet to a pipe in concrete; 3. 3380 18' 30" 98.23 feet to a pipe in concrete; 4. 357° 20' 30" 84.58 feet to a pipe in concrete; 5. 9° 12' 30" 41.75 feet to a pipe in concrete; 6. 4° 07' 30" 170.23 feet to a pipe in concrete; 7. 3580 57' 31.51 feet to a pipe in concrete; 8. 3530 06' 30" 101.71 feet to a pipe in concrete; thence 9. 610 34' 90.03 feet along stonewall along L.C. Aw. 7346 to Kaina, to a pipe in concrete; 10. 77° 48' 189.50 feet along stonewall to a pipe in concrete; 11. 1670 32' 139.66 feet along stonewall to a pipe in concrete; 12. 76° 38' 48.31 feet along stonewall to a pipe in concrete; 13. 66° 08' 30" 35.45 feet along stonewall to a pipe in concrete; 14. 580 56' 30" 117.80 feet along stonewall to a pipe in concrete; 15. 70° 33' 30" 113.49 feet along stonewall to a pipe in concrete; 16. 610 43' 30" 55.88 feet along stonewall to a pipe in concrete; 17. 640 17' 459.35 feet along stonewall to a pipe in concrete; 18. 72° 29' 471.75 feet along stonewall to a pipe in concrete; 19. 340° 56' 57.45 feet along stonewall to a pipe in concrete; 20. 349° 16' 79.90 feet along stonewall to a pipe in concrete; 21. 342° 38' 80.45 feet along stonewall to a pipe in concrete; Thence along stonewall along Grant 3100 to S. W. Kuakamaunu for the following eighteen (18) courses: 22. 68° 28' 108.51 feet to a pipe in concrete; 23. 630 32' 30" 26.71 feet to a pipe in concrete; 24. 710 54' 52.57 feet to a pipe in concrete; 25. 650 42' 32.85 feet to a pipe in concrete; 8-55 26. 67° 49' 30" 111.65 feet to a pipe in concrete; 27. 780 57' 57.68 feet to a pipe in concrete; 28. 72° 21' 30" 111.25 feet to a pipe in concrete; 29. 750 10' 30" 60.38 feet to a pipe in concrete; 30. 69° 41' 94.29 feet to a pipe in concrete; 31. 750 16' 77.53 feet to a pipe in concrete; 32. 70° 24' 64.84 feet to a pipe in concrete; 33. 56° 36' 91.19 feet to a pipe in concrete; 34. 590 18' 52.71 feet to a pipe in concrete; 35. 60° 46' 62.04 feet to a pipe in concrete; 36. 62° 59' 30" 63.19 feet to a pipe in concrete; 37. 600 57' 30" 73.60 feet to a pipe in concrete; 38. 540 26' 199.11 feet to a pipe in concrete; 39. 540 41' 119.85 feet to a pipe in concrete; thence 40. 1530 03' 864.83 feet along the remainder of R. P. 4475, L. C. Aw. 7713:5 to V. Kamamalu to a point; Thence, along stonewall, along Grant 978 to Kialoa for the following thirty-eight (38) courses: 41. 246° 46' 30" 104.43 feet to a pipe in concrete; 42. 2450 42' 57.99 feet to a pipe in concrete; 43. 245° 04' 30" 44.92 feet to a pipe in concrete; 44. 242° 19' 88.74 feet to a pipe in concrete; 45. 246° 05' 30" 74.66 feet to a pipe in concrete; 46. 233° 59' 234.49 feet to a pipe in concrete; 47. 237° 45' 35.51 feet to a pipe in concrete; 48. 238° 09' 85.27 feet to a pipe in concrete; FM. 49. 245° 04' 166.59 feet to a pipe in concrete; 50. 252° 43' 30" 91.28 feet to a pipe in concrete; 51. 252° 54' 138.25 feet to a pipe in concrete; 52. 248° 46' 82.19 feet to a pipe in concrete; 53. 248° 12' 30" 153.01 feet to a pipe in concrete; 54. 251° 51' 99.62 feet to a pipe in concrete; 55. 257° 05' 47.72 feet to a pipe in concrete; 56. 254° 03' 30" 37.79 feet to a pipe in concrete; 57. 249° 59' 97.82 feet to a pipe in concrete; 58. 252° 00' 56.73 feet to a pipe in concrete; 59. 251° 41' 74.19 feet to a pipe in concrete; 60. 248° 13' 164.58 feet to a pipe in concrete; 61. 242° 09' 120.54 feet to a pipe in concrete; 62. 239° 18' 76.14 feet to a pipe in concrete; 63. 233° 32' 70.17 feet to a pipe in concrete; 64. 249° 47' 30" 157.47 feet to a pipe in concrete; 65. 251° 49' 30" 93.83 feet to a pipe in concrete; 66. 235° 51' 53.11 feet to a pipe in concrete; 67. 254° 36' 67.20 feet to a pipe in concrete; 68. 2400 28' 30" 93.79 feet to a pipe in concrete; 69. 242° 39' 89.88 feet to a pipe in concrete; 70. 250° 44' 28.82 feet to a pipe in concrete; 71. 243° 18' 86.59 feet to a pipe in concrete; 72. 247° 11' 33.75 feet to a pipe in concrete; 73. 244° 50' 82.56 feet to a pipe in concrete; 74. 243° 21' 30" 113.77 feet to a pipe in concrete; 75. 2360 35' 29.54 feet to a pipe in concrete; MENFA 76. 245° 55' 30" 53.79 feet to a pipe in concrete; 77. 242° 24' 30" 31.18 feet to a pipe in concrete; 78. 245° 52' 60.05 feet to the point of beginning and containing an area of 56.121 Acres. Sec. 7.02(r-2) The District Classification of the following area situated at Keopu 3rd, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at a point at the southeast corner of this parcel of land, and on the northwest side of Grant 3100 to J. W. Kuakamaunu, the coordinates of which referred to Government Survey Triangulation Station "KAHElp" being 10,937.55 feet North and 7,260.87 feet East and thence running by azimuths measured clockwise from True South: Along the stonewall, along Grant 3100 to J. W. Kuakamaunu for the following fourteen (14) courses: 1. 540 41' 36.04 feet to a pipe in concrete; 2. 640 10' 155.13 feet to a pipe in concrete; 3. 580 15' 30" 99.84 feet to a pipe in concrete; 4. 53° 22' 21.78 feet to a pipe in concrete; 5. 51° 38' 33.48 feet to a pipe in concrete; 6. 460 47' 31.78 feet to a pipe in concrete; 7. 560 08' 30" 198.17 feet to a pipe in concrete; e. 47° 59' 145.85 feet to a pipe in concrete; 9. 500 51' 30" 73.18 feet to a pipe in concrete; 10. 440 58' 30" 97.37 feet to a pipe in concrete; 11. 59° 23' 57.03 feet to a pipe in concrete; 12. 350 28' 30" 60.22 feet to a pipe in concrete; 13. 500 25' 135.33 feet to a pipe in concrete; MIM 14. 52° 57' 51.77 feet to a "+" on rock; thence 15. 60° 28' 10" 16.35 feet across the existing roadway to a pipe in concrete; thence Continuing along stonewall, along Grant 3100 to J. W. Kuakamaunu for the following six (6) courses: 16. 59° 25' 30" 25.44 feet to a pipe in concrete; 17. 44° 46' 54.58 feet to a pipe in concrete; 18. 560 37' 203.25 feet to a pipe in concrete; 19. 550 35' 30" 77.97 feet to a pipe in concrete; 20. 590 13' 91.48 feet to a pipe in concrete; 21. 670 14' 30" 203.02 feet to a pipe in concrete; thence 22. 1590 06' 221.33 feet along stonewall, along remainder of R. P. 4475, L. C. Aw. 7713, Apana 5 to V. Kamamalu, to a pipe in concrete; 23. 163° 09' 30" 324.68 feet along remainder of R. P. 4475, L. C. Aw. 7713, Apana 5 to V. Kamamalu, to a pipe in concrete; 24. 131° 57' 14.74 feet along remainder of R. P. 4475, L. C. Aw. 7713, Apana 5 to V. Kamamalu, to a pipe in concrete; Thence along stonewall, along the remainder of R. P. 4475, L. C. Aw. 7713, Apana 5 to V. Kamamalu for the following six (6) courses: 25. 166° 40' 195.50 feet to a pipe in concrete; 26. 162° 08' 95.96 feet to a pipe in concrete; 27. 153° 04' 30" 59.56 feet to a pipe in concrete; 28. 148° 33' 30" 60.33 feet to a pipe in concrete; OW 29. 152° 13' 30. 156° 30' 31. 228° 33' 32. 238° 48' 33. 225° 42' 34. 232° 18' 35. 236° 43' 36. 249° 38' 37. 242° 33' 38. 2390 52' 39. 247° 09' 40. 250° 07' 41. 255° 35' 42. 244° 27' 43. 239° 40' 44. 247° 13' 45. 257° 05' 46. 248° 40' 47. 244° 45' 30" 30" 50" 30" 30" R7i7 48. 239° 25' 30" [ESO, 61.49 feet to a pipe in concrete; 119.02 feet to a pipe in concrete; Thence along stonewall, along Grant 1589 to Laenui for the following seven (7) courses: 35.41 feet to a pipe in concrete; 15.56 feet to a pipe in concrete; 53.72 feet to a pipe in concrete; 198.91 feet to a pipe in concrete; 64.98 feet to a pipe in concrete; 195.20 feet to a pipe in concrete; 61.27 feet to a pipe in concrete; thence 26.39 feet across the existing roadway to a pipe in concrete; Thence continuing along stonewall, along Grant 1589 to Laenui for the following nine (9) courses: 120.16 feet to a pipe in concrete; 98.53 feet to a pipe in concrete; 129.53 feet to a pipe in concrete; 37.23 feet to a pipe in concrete; 78.89 feet to a pipe in concrete; 57.67 feet to a pipe in concrete; 132.93 feet to a pipe in concrete; 43.95 feet to a pipe in concrete; 92.44 feet to a pipe in concrete; thence 266.03 feet along Grant 978 to xialoa to a pipe; 49. 2460 46' 30" 8.11 feet along Grant 978 to Kialoa to a point; thence 50. 333° 03' 864.83 feet along the remainder of R. P. 4475, L. C. Aw. 7713, Apana 5 to V. Kamamalu to the point of beginning and containing an area of 41.757 Acres. All as outlined in red on the map marked 7.02(r-1) and 7.02(r-2) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the agriculture (A -3a) zoned section be incrementally zoned in two (2) increments. The first increment shall consist of ten (10) lots and the second increment the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first zoning increment. Development is defined as building permits issued for residential dwelling units and construction partially completed --partially completed in the sense of having roofs on those units --on fifteen (15) percent of the permanent structures of the first increment; (3) the agriculture (A -la) zoned section be incrementally zoned in two (2) increments. The first increment shall consist of twenty-four (24) lots and the second increment the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first zoning increment. Development is defined as building permits issued for residential dwelling units and construction partially completed --partially completed in the sense of having roofs on those units --on twenty- five (25) percent of the permanent structures of the first UM increment; and (C) the owner or lessee of the subject properties submit a subdivision plan for preliminary approval within one (1) year from the date of approval of the change of zone. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone thesubject property to its former zoning designation. Sec. 7.02(s) The District Classification of the following area situated at Hamanamana, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at the southwest corner of this parcel of land at the northerly boundary of Grant 3027 to Heueu the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 3776.41 feet South and 12,435.97 feet West and running by azimuths measured clockwise from true South: 1. 1810 20' 645.71 feet along mauka side of a 20 feet road; 2. 2700 25' 1936.29 feet along South side of a 20 feet road, along Haleohiu; 3. 3590 00" 590.00 feet along Lot 43, Grant 3969 to Piimauna; OM 4. 88° 47' 08" 1962.00 feet along Grant 3027 to Heueu to the point of beginning and containing an area of 27.64 Acres more or less. All as outlined in red on the map marked 7.02(s) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in two (2) increments. The first increment shall consist of fourteen (14) lots, and the second increment shall consist of the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first zoning increment. Development is defined as building permits issued for residential dwelling units and construction partially completed --partially completed in the sense of having roofs on those units on six (6) or forty-three (43) percent of the lots in the first increment. This is to assure that a minimum of twenty-five (25) percent housing construction would occur on the total area requested; and (B) the owner or lessee of the subiect area submit a subdivision plan and secure preliminary approval of the first increment no later than one year from the date of approval of the subiect request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subiect area to its former designation. Sec. 7.02(t) The District Classification of the following area situated at Holualoa 1st and 2nd, North Kona, Hawaii, shall be Single -Family Residential (RS -10): Beginning at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "KAILUA" being 6,035.05 feet south and 15,756.62 feet east, and thence running by azimuths measured clockwise from true South: 3M MW Along stonewall, along R. P. 7786, L. C. Aw. 7947:1 to Kala for the following twelve (12) courses: 1. 2710 41' 46.71 feet; 2. 263` 13' 64.10 feet; 3. 2700 06' 40.10 feet; 4. 2550 38' 50.37 feet; 5. 2590 29' 30" 41.61 feet; 6. 2680 17' 30" 24.15 feet; 7. 2400 28' 67.12 feet; 8. 2440 27' 48.94 feet; 9. 2500 44' 51.11 feet; 10. 2690 31' 30" 83.22 feet; 11. 2640 46' 45.81 feet; 12. 2410 33' 24.30 feet; thence 13. 3230 37' 30" 118.70 feet along Allotment 98 of the Partition of the Holualoa 1 and 2 Hui Lands; 14. 355° 14' 202.74 feet along Allotment 98 of the Partition of the Holualoa 1 and 2 Hui Lands; 15. 970 00' 206.70 feet along remainder of Allotment 24; 16. 870 00' 155.58 feet along remainders of Allotment 24 and G; Thence along remainders of Allotments G and 23 on a 370.00 foot radius curve to the left, the chord azimuth and distance being: 17. 740 00' 166.46 feet; 18. 610 00' 201.78 feet along remainder of Allotment 23; 19. 1840 09' 147.51 feet along the easterly side of Mamalahoa Highway; 20. 1870 46' 30" 129.13 feet along the easterly side of Mamalahoa Highway; MW 21. 2050 11' 38.40 feet along the easterly side of Mamalahoa Highway to the point of beginning and con- taining an area of 3.714 acres. All as outlined in red on the map marked 7.02(t) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the subject area be zoned in three (3) increments; the first two (2) increments consisting of five (5) lots each, and the third increment consisting of the remaining lots. The effective date of zone for the next increment shall be after development has occurred on the previous zoning increment or increments. Development is defined as building permits issued for residential dwelling units and construction partially completed --partially completed in the sense of having roofs on those units --on 250 of the permanent structures of the previous increment or increments; and (B) the owner or lessee of the subiect area submit a subdivision plan for preliminary approval no later than one year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject area to its original designation. Sec. 7.02(u) The District Classification of the following area situated at Coma 1st, North Kona, Hawaii, shall be Agricultural (A -3a): Beginning at an old 1/2" pipe in concrete at the west corner of this piece of land and on the northeast side of the Old Government Mauka Road, th, coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 9,152.50 feet south and 8,000.58 feet west and running by azimuths measured clockwise from true South: DMIV 1. 2660 27' 00" 234.70 feet along Grant 1609 to Kama to an old spike in concrete; 2. 2710 55' 00" 222.90 feet along Grant 1609 to Kama to an old 1/2" pine in concrete; 3. 2680 32' 00" 424.81 feet along Grant 1609 to Kama to an old 1/2" nine in concrete; 4. 2700 34' 00" 352.88 feet along Grant 1609 to Kama to an old spike in concrete; 5. 3440 04' 00" 941.25 feet along Government land to a 3/4" nine; 6. 720 57' 00" 139.12 feet along Grant 1600 to Kaakau to 3/4" nine; 7. 760 07' 30" 150.93 feet along Grant 1600 to Kaakau to a 3/4" pipe; 8. 940 53' 00" 392.68 feet along Grant 1600 to Kaakau to a 3/4" pipe; 9. 670 50' 30" 154.10 feet along Grant 1600 to Kaakau to a 3/4" pipe; 10. 880 47' 30" 244.17 feet along Grant 1600 to Kaakau to an old 1/2" pipe; 11. 1680 56' 30" 120.00 feet along the northeast side of Old Government Mauka Road to a 3/4" pine; 12. 1450 09' 30" 183.50 feet along the northeast side of Old Government Mauka Road to a 3/4" Dine; 13. 1430 07' 00" 120.86 feet along the northeast side of Old Government Mauka Road to a 3/4" pipe; 14. 1580 35' 30" 525.86 feet along the northeast side of Old Government Mauka Road to a 3/4" pine; 15. 1590 30' 00" 100.00 feet along the northeast side of Old Government Mauka Road to an old "+" cut on Pahoehoe; 16. 1700 47' 00" 49.80 feet along the northeast side of Old Government Mauka Road to a point of beginning and containing an area of 26.352 acres. All as outlined in red on the map marked 7.02(u) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the subject property submit a subdivi- sion plan and secure preliminary approval no later than one year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the area to its former designation. MM Sec. 7.02(v) The district classification of the following area situated at Kaloko, North Kona, Hawaii-, shall be Agricultural (A -la): Beginning at a point at the northeast corner of this parcel of land, and on the westerly side of Kohanaiki Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA," being 13,096.55 feet South and 10,304.32 feet West, and thence running by azimuths measured clockwise from true South: 1. 3320 44' 49.71 feet; 2. 3430 39' 124.15 feet; 3. 3400 33' 30" 265.50 feet; 4. 3300 59' 30" 71.03 feet; 5. 3420 13' 78.09 feet; 6. 3570 02' 70.60 feet; 7. 60 36' 66.12 feet; 8. 3460 09' 25.33 feet; 9. 3330 21' 103.16 feet; 10. 3300 34' 30" 41.83 feet; 11. 3150 49' 30" 28.87 feet; 12. 3220 44' 34.37 feet; 13. 3380 30' 76.30 feet; 14. 3290 24' 30" 58.69 feet; 15. 3550 47' 30" 26.54 feet; 16. 50 40' 104.66 feet; 17. 3470 21' 81.73 feet; 18. 3140 53' 30" 95.28 feet; 19. 3250 34' 30" 72.89 feet; 20. 3100 40' 71.15 feet; 21. 329° 52' 30" 48.01 feet; 22. 3330 52' 30" 65.58 feet; 23. 60 26' 45.07 feet; 24. 3500 31' 41.80 feet; 25. 3230 15' 47.06 feet; 26. 3030 08' 30" 57.93 feet; 27. 2830 25' 43.34 feet; 28. 2650 33' 47.01 feet; 29. 2700 29' 28.76 feet; 30. 2880 29' 30.82 feet; 31. 3090 O1' 30" 76.98 feet; 32. 3300 00' 35.48 feet; Thence along R. P. 3972, L. C. Aw. 7797 to Kamoahoalii, for the following three (3) courses: 33. 700 27' 415.12 feet; 34. 3370 59' 249.56 feet; 35. 2450 16' 411.22 feet; Thence along the westerly side of Kohanaiki Road for the following five (5) courses: 36. 3470 32' 13.99 feet; 37. 3530 34' 30" 60.09 feet; 38. 3470 34' 30" 47.28 feet; 39. 3130 31' 30" 54.63 feet; 40. 3140 42' 71.78 feet; 41. 390 11' 30" 287.21 feet along remainder of R. P. 8214, L. C. Aw. 7715, Apana 11 to Leta Kamehameha; 42. 3230 02' 30" 453.94 feet along same; 43. 3350 58' 30" 259.52 feet along R. P. 3772, L. C. Aw. 9241 to Kaiama; 8-69 MWO Thence along remainder of R. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha, for the following eight (8) courses: 44. 730 57' 128.71 feet; 45. 50 54' 141.52 feet; 46. 3480 28' 135.20 feet; 47. 2570 06' 30" 30.16 feet; 48. 3450 30' 30" 101.43 feet; 49. 270 30' 18.00 feet; 50. 160 05' 64.00 feet; 51. 3410 03' 70.00 feet; 52. 3240 53' 117.00 feet along Land Court Anolication 1217; Thence along remainder of R. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha, and along R. P. 3891, L. C. Aw. 10327 to Nahuiana for the following ten (10j courses: 53. 750 02' 58.10 feet; 54. 3390 22' 30" 93.86 feet; 55. 3560 17' 30" 90.83 feet; 56. 2690 27' 120.70 feet; 57. 2740 23' 152.60 feet; 58. 2690 18' 139.60 feet; 59. 2600 08' 192.50 feet; 60. 2630 11' 105.90 feet; 61. 2660 56' 134.80 feet; 62. 2670 14' 99.90 feet; Thence along the westerly side of Kohanaiki Road for the following thirteen (13) courses: MWO 63. 3540 36' 83.26 feet; 64. 3510 03' 39.66 feet; 65. 3540 09' 30" 58.65 feet; 66 10 36' 126.44 feet; 67. 3550 46' 30" 40.04 feet; 68. 3390 37' 33.54 feet; 69. 3250 46' 43.34 feet; 70. 331° 29' 30" 65.15 feet; 71. 3380 17' 34.89 feet; 72. 3260 04' 30" 69.89 feet; 73. 3040 00' 36.80 feet; 74. 2990 12' 64.91 feet; 75. 3210 12' 33.55 feet; Thence along R. P. 7587, L. C. Aw. 11216:36 to Kekauonohi at Honokahau 1st for the following ten (10j courses: 76. 770 58' 30" 230.21 feet; 77. 700 27' 178.17 feet; 78. 840 33' 30" 130.67 feet; 79. 720 11' 30" 262.55 feet; 80. 660 34' 30" 112.53 feet; 81. 730 32' 79.88 feet; 82. 820 43' 142.47 feet; 83. 540 20' 30" 44.60 feet; 84. 810 20' 30" 223.82 feet; 85. 76° 59' 649.80 feet; 86. 1620 54' 30" 4965.24 feet along remainder of L. C. Aw. 7715:11, R. P. 8214 to Lota Kamehameha; 87. 2560 10' 475.20 feet along Grant 2942 to Hulikoa; 8-71 88. 2670 00' 190.00 feet along Grant 3734 to Kikaha; 89. 2660 38' 331.22 feet along Grant 4038, Ap. 1 to J. W. Haau, to the point of beginning and containing an area of 141.28 acres, more or less. All as outlined in red on the map marked 7.02(v) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in three (3) increments. The first and second increments shall each consist of forty (40) lots and the third shall consist of the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permits issued for residential dwelling units and construc- tion partially completed - partially completed in the sense of having roofs on those units - on ten (10) or twenty-five (25) per cent of the lots in the first increment. The effective date of zoning for the third increment shall be after development has occurred on thirty (30) of the eighty (80) lots of the previous increments. This is to assure that a minimum of twenty-five (25) per cent of the lots of the entire requested area would have dwellings on them; and (8) the owner or lessee of the subject area submit a subdivision plan and secure preliminary approval of the first increment no later than one year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject area to its former designation. Sec. 7.02(w) The District Classification of the following area situated at Kalaoa 1st, North Kona, Hawaii, shall be Agricultural (A -la): 8-72 Beginning at the northwest corner of this lot and on the mauka side of the old Government Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 3,719.61 feet south and 8,497.08 feet west and running by azimuths measured clockwise from true south: 1. 2670 27' 30" 1070.16 feet along the south side of a 20 -foot road, between this lot and lot No. 41; 2. 00 59' 40" 647.52 feet along lot No. 38; 3. 820 37' 30" 966.80 feet along the north side of a 20 -foot road between this lot and Kalaoa 2; 4. 1920 49' 50" 294.22 feet along Grant 3159 to Maigret; 5. 820 32' 30" 264.94 feet along Grant 3159 to Maigret to the old Government road; 6. 1960 14' 40" 140.10 feet along the monks side of the old Government Road; 7. 1890 50' 345.26 feet along the same to the initial point and containing an area of 16.543 acres. All as outlined in red on the map marked 7.02(w) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in two increments. The first increment shall consist of eight (8) lots; the second the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permits issued for residential dwelling units and construction partially completed - pattially completed in the sense of having roofs on two (2) new dwellings in the first increment; and (B) the owner or lessee of the subject area submit a subdivision plan and secure preliminary approval of the first increment within one (1) year from the date of approval of the change of zone request. Should this condition not be met, the 8-73 Planning Commission shall reserve the right to initiate action to rezone the subject area to its former designation. Sec. 7.02(x) The District Classification of the following area situated at Kanaueue 2nd, North Kona, Hawaii, shall be Neighborhood Commercial (CN -10): Beginning at a pipe at the northwest corner of this parcel of land, at the south side of a 30 -foot roadway and on the easterly side of a 60 -foot wide Government Main Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU-0-HAU," being 3,092.49 feet north and 11,275.37 feet east and running by azimuths measured clockwise from true south: 1. 2550 58' 191.41 feet along southerly side of a 30 -foot roadway to a pipe; 2. 3510 00' 90.31 feet along west side of a 25 -foot wide road reserve to a pipe; 3. 750 58' 186.07 feet along Lot 2 to a pipe; 4. 1670 36' 30" 90.00 feet along easterly side of a 60 -foot wide Government Main Belt Road to the point of beginning and containing an area of 16,981 square feet or 0.390 acro. All as outlined in red on the map marked 7.02(x) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the subect property be responsible for securing a building permit and commencing construction of the proposed apartment complex within one (1) year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject property to its former designation. Sec. 7.02(y) The District Classification of the following area situated at Coma 2nd, North Kona, Hawaii, shall be Agricultural (A -la): Ems" Beginning at a pipe in concrete at the northeast corner of this parcel of land and on the west side of Hawaii Belt Road, F.A.P. No. F-10(5), the coordinates of said point of beginning referred to Government Survey Triangulation Station MOANUTAHEA" being 10,183.93 feet south and 8,289.68 feet west, and thence running by azimuths measured clockwise from true south: 1. 3470 13' 126.02 feet along the west side of Hawaii Belt Road, F.A.P. No. F-10(5) to a pipe in concrete; Thence along the west side of the old Government Road for the following six (6) courses: 2. 50 45' 32.09 feet to a pipe in concrete; 3. 3560 00' 160.00 feet to a spike in concrete; 4. 3410 30' 146.20 feet to a pipe in concrete; 8-75 5. 3500 30' 243.95 feet to a pipe in concrete; 6. 3580 30' 175.54 feet to a spike in concrete; 7. 3420 00' 48.48 feet to a spike in concrete; Thence following along stone- wall, along Grant 2030 to Kaiakoili for the following twenty-eight (26) courses, the direct azimuth and distance to points set in the stonewall being as follows: 8. 890 12' 190.86 feet to a $ cut in rock; 9. 860 37' 89.36 feet to a pine in concrete; 10. 930 25' 66.67 feet to a nine in concrete; 11. 101° 19' 72.47 feet to a pipe in concrete; 12. 920 50' 30" 123.27 feet to a oine in concrete; 13. 940 44' 86.39 feet to a pipe in concrete; 14. 1030 17' 59.43 feet to a pipe in concrete; 15. 910 56' 30" 136.68 feet to a pipe in concrete; 16. 750 35' 46.11 feet to a pipe in concrete; 17. 850 09' 68.76 feet to a pine in concrete; 18. 1050 22' 71.20 feet to a pipe in concrete; 19. 840 30' 47.27 feet to a pipe in concrete; 20. 960 02' 30" 82.66 feet to a pipe in concrete; 21. 930 56' 242.49 feet to a pipe in concrete; 22. 770 02' 30" 330.45 feet to a pipe in concrete; 23. 770 37' 241.10 feet to a pipe in concrete; 24. 800 13' 30" 141.64 feet to a pine in concrete; 25. 720 32' 336.32 feet to a pine in concrete; 26. 830 51' 234.20 feet to a pine in concrete; 27. 870 54' 30" 147.33 feet to a pipe in concrete; 28. 1100 34' 30" 29.84 feet across old road reserve to a pipe in concrete; MM 29. 1000 12' 52.40 feet to a pipe in concrete; 30. 840 34' 21.00 feet to a pipe in concrete; 31. 920 12' 30" 44.18 feet to a pine in concrete; 32. 1000 06' 156.29 feet to a pipe in concrete; 33. 940 21' 30" 81.17 feet to a pipe in concrete; 34. 980 26' 83.15 feet to a pine in concrete; 35. 890 35' 30" 49.03 feet to a pipe in concrete, thence; 36. 1560 30' 1356.54 feet along Grant 5912 to John Broad, across 20 foot road reserve and along Grant 4273 to E. M. Paiwa, to a pine in concrete; 37. 2730 45' 417.50 feet along Grant 3819 to S. Kane, to a pine in concrete; 38. 2730 52' 726.50 feet along Grant 3820-3 to Panala, to a spike in concrete; 39. 2840 36' 244.60 feet along Grant 3820-B to Papala, to a pipe in concrete; 40. 265° 22' 359.00 feet along Grant 3820-B to Papala and Grant 3805 to L. Kahinu, to a pipe in concrete; 41. 2700 07' 413.50 feet along Grant 3805 to L. Kahinu, to a pipe in concrete; 42. 2560 52' 274.00 feet along Grant 3805 to L. Kahinu, to a pipe in concrete; 43. 2650 21' 197.50 feet along Grant 3805 to L. Kahinu, to a spike in concrete; 44. 2600 53' 238.00 feet along Grant 3805 to L. Kahinu, to a pipe in concrete; 45. 2850 05' 642.00 feet along Grant 4343 to J. M. Lilinoe, to a pipe in concrete; 46. 2790 51' 214.57 feet along Grant 4343 to J. M. Lilinoe, to the point of beginning and containing an area of 86.50 acres. All as outlined in red on the map marked 7.02(y) and made a part hereof. 8-77 This section shall take effect forthwith upon the conditions that (A) the area be zoned in three (3) increments. The first increment shall consist of thirty-six (36) lots; the second shall consist of twenty (20) lots; and the third the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permits issued for residential dwelling units and construction partially completed --partially completed in the sense of having roofs on those units --on nine (9) or 25 per cent of the lots in the first increment. The effective date of zoning for the third increment shall be after development, as defined previously, has occurred on a total of eighteen (18) lots of the previous increment or increments. This is to assure that a minimum of twenty-five (25) per cent of the lots of the entire requested area would have houses constructed on them; and (B) the owner or lessee of the subject area submit a subdivi- sion plan and secure preliminary approval of the first increment within one (1) year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject area to its former designation. Sec. 7.02(z) The district classification of the following area situated at Kalaoa 5th, North Kona, Hawaii, shall be Agri- cultural (A -la): Beginning at the northeast corner of this parcel of and and on the west side of Hawaii Belt Road FAP F-10(5), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA," being 8,116.80 feet South and 8,450.00 feet West, thence running by azimuths measured clockwise from True South: 1. 50 09' 121.50 feet along the west side of Hawaii Belt Road; 2. 60 46' 76.27 feet along same; 3. 960 38' 13" 2525.83 feet along the remainder of Grant 2972 to Kaakau and Kama; 4. 3550 27' 15" 779.79 feet along same, along stone wall; 5. 960 52' 57" 2297.17 feet along stone wall, along Grant 3821 to Kaulainamoku and Grant 3820 to Lee Kumukahi; 6. 960 23' 21" 2395.81 feet along stone wall, along L. P. Grant 5046 to Keiki Kama, Jr.; 7. 1900 00' 555.56 feet along the remainder of Grant 2972 to Kaakau and Kama; 8. 1000 00' 231.47 feet along same; 9. 1900 00' 350.00 feet along same; 10. 2800 00' 2564.62 feet along same, along File Plan 1087 and File Plan 1061; 11. 3470 49' 391.68 feet along the remainder of Grant 2972 to Kaakau and Kama; 12. 2520 13' 229.33 feet along same; 13. 1670 49' 276.24 feet along same; 14. 2800 00' 86.22 feet along same, along File Plan 1061; 15. 2640 20' 2000.00 feet along same; 16. 2760 50' 1444.08 feet along same; 17. 3470 50' 206.06 feet along the remainder of Grant 2972 to Kaakau and Kama, to an "Ahu"; 18. 2770 19' 12" 885.68 feet along same to the point of beginning and containing an area of 110.797 acres. All as outlined in red on the map marked 7.02(z) and made a part hereof. Sec. 7.02(aa) The district classification of the following area situated at Gems 1st, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at the northwest corner of this parcel of land and the northeast corner of the Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation station "MOANUTAHEA," being 8,166.22 feet South and 16,390.43 feet west, thence running by azimuths measured clockwise from true South: 1. 2760 23' 21" 3212.18 feet along stone wall, along Grant 2972 to Kaakau and Kama; 2. 3580 16' 07" 1431.07 feet along stone wall, along Akahinuu Homesteads; 3. 760 55' 00" 804.76 feet along stone wall, along Lot 56; 4. 790 14' 50" 1862.15 feet along stone wall, along Lot 58; 5. 1640 58' 22" 2399.52 feet along stone wall, along Homestead Road to the point of beginning and containing an area of 126.233 acres. All as outlined in red on the map marked 7.02(aa) and made a part hereof. Sec. 7.02(bb) The district classification of the following area situated at Keauhou 2nd, North Kona, Hawaii, shall be single- family residential (RS -15): Beginning at the northwest corner of this parcel of land, being also the northwest corner of Lot 29 of the B. P. Bishop Estate's Puuloa 1 Subdivision, the coordinates of which referred to Government Survey Triangulation Station "KEAUHOU" being 2169.1 feet south and 664.5 feet east, and thence running by azimuths measured clockwise from true south: OEM 1. 2900 32' 10" 50.00 feet along remainder of R. P. 7844, L. C. Aw. 7715:12 to Lota Kamehameha; 2. 3440 49' 10" 189.21 feet along same; 3. 750 05' 50" 133.78 feet along same to a pine in Concrete No. 36; 4. 1180 00' 10" 69.20 feet along remainder of Lot 29, along remainder of R. P. 7844, L. C. Aw. 7715:12 to Lota Kamehameha; Thence along the southeasterly side of Lot A (Puuloa Road) on a 1447.92 foot radius curve to the left, the chord azimuth and distance being: 5. 2040 56' 58" 222.84 feet to the point of beginning and containing an area of 25,498 square feet. All as outlined in red on the map marked 7.02(bb) and made a part hereof. Sec. 7.02(cc) The district classification of the following area situated at Keauhou 1st, North Kona, Hawaii, shall be residential -agricultural (RA -.5a): Beginning at a pine in concrete, No. 4, at the south- east corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "KEAUHOU COAST" being 3941.64 feet north and 9095.67 feet east, and thence running by azimuths measured clockwise from true south: 1. 690 30' 313.86 feet along stonewall along R. P. 4475, L. C. Aw. 7713, Agana 7 to Victoria Kamamalu; 2. 1610 40' 161.84 feet along the easterly side of Kuakini Highway, F.A.P. No. F-011-1(69; 3. 710 40' 5.00 feet along jog in right-of- way boundary of Kuakini Highway, F.A.P. No. F-011-1(6); 4. 1610 40' 67.15 feet along the easterly side of Kuakini Highway, F.A.P. No. F-011-1(69; MM 5. 2620 49' 106.47 feet along stonewall, along R. P. 4358, L. C. Aw. 9752 to Kauhikoa; 6. 2590 02' 30" 32.51 feet along stonewall, along R. P. 4358, L. C. Aw. 9752 to Kauhikoa; 7. 2520 34' 30" 164.13 feet along stonewall, along R. P. 4358, L. C. Aw. 9752 to Kauhikoa; 8. 3360 18' 190.59 feet along the westerly side of Mamalahoa Highway to the point of beginning and con- taining an area of 1.424 acres. All as outlined in red on the map marked 7.02(cc) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the subject land submit a subdivision plan and secure preliminary approval within one year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject area to its former designation. Sec. 7.02(dd) The District Classification of the following area situated at Kahaueue 1st, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at the northwest corner of this parcel of land the coordinates of which referred to Government Survey Triangulation Station "PUU OHAU" being 3582.01 feet North and 11,172.81 feet Last, and thence running by azimuths measured clockwise from true South: Along stone wall, along remainder of Grant 146 to George Thornton for the following five (5) courses: 1. 256° 28' 120.08 feet; 2. 2490 29' 144.92 feet; WMI w 3. 2500 40' 4. 2550 23' 5. 3290 O1' 6. 2560 17' 7. 3400 39' 98.09 feet; 102.71 feet; 55.12 feet; thence along remainder of Grant 146 to George Thornton for the following three (3) courses: 59.44 feet; 39.71 feet; S. 2540 24' 486.77 feet; thence along stone wall, along remainder of Grant 146 to George Thornton for the following six (6) courses: 9. 1650 13' 81.17 feet; 10. 1680 18' 191.15 feet; 11. 2640 42' 56.38 feet; 12. 2630 28' 30" 298.18 feet; 13. 2570 071 30" 149.71 feet; 14. 2500 56' 123.09 feet; thence along remainder of Grant 146 to George Thornton for the following two (2) courses: 15. 3440 56' 30" 215,17 feet; 16. 3450 15' 218.00 feet; thence along stone wall, along Grant 173 to John Peters for the following ten (10) courses: 17. 750 35' 39.57 feet; 18. 810 23' 177.08 feet; 19. 690 57' 52.98 feet; 20. 780 35' 34.56 feet; 21. 700 04' 30" 32.13 feet; 22. 750 21' 51.15 feet; 23. 670 28' 30" 110.19 feet; 24. 690 32' 30" 224.29 feet; 25. 670 00' 30" 130.04 feet; 26. 710 19' 261.82 feet; thence along Land Court Aoolication 1703 for the following three (3) courses: 27. 1630 49' 111.00 feet; 28. 750 57' 30" 164.83 feet; 29. 520 51' 23.43 feet; thence 30. 770 54' 373.20 feet along Land Court Appli- cation 1703 and along remainder of Grant 146 to George Thornton; %N.M 31. 1670 36' 30" 119.57 feet along the easterly side of Hawaii Belt Road (Mamalahoa Highway); Thence along the easterly side of Hawaii Belt Road (Mamalahoa Highway) on a 1940.08 foot radius curve to the left, the chord azimuth and distance being: 32. 1660 12' 20" 95.00 feet to the point of beginning and containing an area of 11.903 acres. All as outlined in red on the map marked 7.02(dd) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in two (2) increments. The first increment shall consist of seven (7) lots and the second increment shall consist of the remaining lots. Zoning of the second incre- ment shall be effective after development has occurred on the first increment. Development is defined as construction partially completed - partially completed in the sense of having roofs on a minimum of one (1) new dwelling unit. This coupled with the two (2) existing dwellings would assure that a minimum of three (3) dwellings or twenty-five (25) per cent of the total number of lots would be developed; and (B) the owner or lessee of the subject property be responsible for submitting a subdivision plan and securing tentative approval of the first increment within one (1) year of the date of approval of the change of zone. Should these conditions not be met, action may be taken to rezone the subject property to an appropriate zoning classification. Sec. 7.02(e -e) The District Classification of the following area situated at Keauhou 1st, North Kona, Hawaii, shall be Agricultural (A -la): made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the sub;ect land be required to submit a subdivision plan and secure tentative approval within one (1) year from the effective date of approval of the change of zone MM Beginning at a pipe in concrete at the southwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "KEAUHOU" being 34.91 feet South and 1580.87 feet East, and thence running by azimuths measured clockwise from true South: 1. 164' 30' 243.5 feet along the northeasterly side of Mamalahoa Highway, to a pipe in concrete; 2. 2760 42' 50.2 feet along stone wall, along remainder of R. P. 4475, L. C. Aw. 7713:7 to V. Kamamalu, to a pipe in concrete; 3. 3470 48' 74.6 along stone wall, along R. P. 6391, L. C. Aw. 11047:3 to Pcopuu, to a pipe in concrete; Thence along stone wall, along remainder of R. P. 4475, L. C. Aw. 7713:7 to V. Kamamalu, for the following three (3) courses: 4. 2650 12' 119.5 feet to a pipe in concrete; 5. 2560 51' 87.0 feet to a pipe in concrete; 6. 2650 59' 127.2 feet to a pipe in concrete; thence 7. 3540 06' 140.55 feet along remainder of R. P. 4475, L. C. Aw. 7713:7 to V. Kamamalu, to an iron pin; 8. 81° 00' 350.00 feet along Lot 1 of the Keauhou Houselots, along remainder of R. P. 4475, L. C. Aw. 7713:7 to V. Kamamalu to the point of beginning and containing an area of 1.32 acres. All as outlined in red on the map marked 7.02(e -e) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the sub;ect land be required to submit a subdivision plan and secure tentative approval within one (1) year from the effective date of approval of the change of zone MM request. Should this condition not be met, action may be taken to rezone the subject area to a more appropriate zoning classifi- cation. Sec. 7.02(ff) The District Classification of the following area situated at Kaloko, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at a point at the northwest corner of this parcel of land, and on the easterly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 15,815.62 feet South and 7,483.05 feet 'Nest, thence running by azimuths measured clockwise from true South: 1. 2590 30' 50" 498.58 feet along Lot 2B(1), along the remainder of R. P. 8214, L. C. Aw, 7715, Apana 11 to Lota Kamehameha; 2. 3450 06' 350.76 feet along Lot 2A, along the remainder of R. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha, to a pipe in concrete; 3. 79" 30' 50" 837.60 feet along 40 foot Road Reserve and Lot 2D(1), along the remainder of R. P. 8214, L. C. Aw. 7715, Apana 11 to Lota Kamehameha to a pipe in concrete; 4. 2220 37' 30" 40.09 feet along stone wall, along the easterly side of Mamalahoa Highway to a pipe in concrete; 5. 2380 54' 48.91 feet along stone wall, along the easterly side of Mamalahoa Highway to a pipe in concrete; 6. 2400 30' 30" 62.85 feet along stone wall, along the easterly side of Mamalahoa Highway to a pipe in concrete; MMIN 7. 2180 24' 46.69 feet along stone wall, along the easterly side of Mamalahoa Highway to a pipe in concrete; 8. 2060 14' 30" 205.92 feet along stone wall,along the easterly side of Mamalahoa Highway to a pipe in concrete; 9. 1970 44' 40.81 feet along stone wall, along the easterly side of Mamalahoa Highway to a pipe in concrete; 10. 171° 49' 30" 43.82 feet along stone wall, along the easterly side of Mamalahoa Highway to a nine in concrete; 11. 1490 11' 30" 13.31 feet along stone wall, along the easterly side of Mamalahoa Highway to the ooint of beginning and containing an area of 4.880 Acres. All as outlined in red on the map marked 7.02(ff) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subject area be responsible for submittal of a subdivision plan substantially as presented and for securing tentative approval within one (1) year from the date of approval of the change of zone; (B) the owner or lessee be responsible for the construction of one (1) dwelling within three (3) years of the date of approval of the change of zone; and (C) that all necessary improvements, i.e. water, roads etc., required at the time of subdivision be provided. Should these conditions not be met, action may be taken to nullify any subdivision approval and to reclassify the subiect area to a more appropriate designation. Sec. 7.02(gg) The District Classification of the following area situated at Maihi 1st and 2nd, North Kona, Hawaii, shall be Multiple Family Residential (RM -1.25): Beginning at a spike in concrete at the southwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU OHAU" being 11,793.77 feet North and 8,122.08 feet East, and thence running by azimuths measured clockwise from true South: Along the northeasterly side of Mamalahoa Highway for the following twenty-nine (29) courses: 1. 147° 47' 30" 13.06 feet to a pipe in concrete; 2. 134° 06' 30" 46.57 feet to a pipe in concrete; 3. 126° 35' 30.96 feet to a nail in concrete; 4. 115° 10' 19.92 feet to a pipe in concrete; 5. 1180 05' 30" 25.74 feet to a pipe in concrete; 6. 137° 13' 31.32 feet to a pipe in concrete; 7. 149° 17' 66.37 feet to a pipe in concrete; 8. 154° 24' 24.33 feet to a nail in concrete; 9. 166° 15' 72.81 feet to a pipe in concrete; 10. 136° 27' 72.45 feet to a pipe in concrete; 11. 122° 34' 26.96 feet to a pipe in concrete; 12. 88° 50' 71.46 feet to a pipe in concrete; 13. 90° 44' 55.67 feet to a pipe in concrete; 14. 112° 27' 30.04 feet to a pipe in concrete; 15. 131° 03' 42.21 feet to a pipe in concrete; 16. 149° 18' 30" 31.36 feet to a pipe in concrete; 17. 163° 50' 30" 40.69 feet to a pipe in concrete; 18. 167° 06' 30" 39.09 feet to a pipe in concrete; 19. 155° 33' 27.18 feet to a nail in concrete; 20. 136° 30' 18.65 feet to a pipe in concrete; 21. 121° 56' 22.29 feet to a nail in concrete; 22. 110° 51' 30" 30.02 feet to a pipe in concrete; 23. 112° 22' 38.99 feet to a pipe in concrete; 24. 123° 37' 41.87 feet to a pipe in concrete; 25. 139° 19' 49.03 feet to a pipe in concrete; 26. 154° 21' 30" 81.30 feet to a nail in concrete; 27. 143° 38' 30.85 feet to a pipe in concrete; 28. 139° 18' 30" 34.15 feet to a pipe in concrete; 29. 155° 27' 30" 70.21 feet to a pipe in concrete; Thence, along stonewall, along Grant 1172 to Kamoehalau at Honalo for the following seven (7) courses: 30. 270° 49' 76.00 feet to a spike in concrete; 31. 256° 35' 35.10 feet to a pipe in concrete; 32. 268° 13' 92.00 feet to a pipe in concrete; 33. 278° 47' 77.81 feet to a pipe in concrete; 34. 2660 39' 88.92 feet to a pipe in concrete; 35. 266° 10' 123.80 feet to a pipe in concrete; 36. 261° 33' 123.50 feet to a pipe in concrete; Thence, along the westerly side of the Old Government Road for the following eleven (11) courses: 37. 355° 55' 124.51 feet to a pipe in concrete; 38. 330° 42' 99.72 feet to a pipe in concrete; 39. 328° 13' 30" 224.21 feet to a pipe in concrete; 40. 331° 46' 31.59 feet to a pipe in concrete; 41. 336° 06' 30" 61.39 feet to a pipe in concrete; 42. 341° 33' 30" 46.28 feet to a pipe in concrete; 43. 3510 44' 42.02 feet to a pipe in concrete; 44. 358° 12' 66.25 feet to a pipe in concrete; 45. 4° 00' 50.06 feet to a pipe in concrete; 46. 1° 22' 30" 56.78 feet to a spike in concrete; 47. 358° 40' 73.55 feet to a pipe in concrete, thence; 48. 840 59' 127.80 feet along stonewall, along Grant 974 to Ehu at Kuamoo, to the point of beginning and containing an area of 8.31 Acres. All as outlined in red on the map marked 7.02(gg) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the development occur in five (5) increments of 30, 30, 36, 48, and 36 units respectively. Zoning for subsequent incre- ments shall become effective only after substantial development has occurred on the previous increment. Substantial development is defined as building permits issued and construction of permanent structures commenced on 33 percent of the units within the previous increment. This would assure the construction of a minimum of 25 percent or 45 units of the total 180 units proposed; (B) construction conform substantially to that as submitted and that construction begin within one (1) year of the date of approval of the change of zone; (C) the rental price of the units be within a range to serve the low and moderate price G •1 income group. The income range and affordable rental shall be determined by appropriate agencies prior to occupancy of the units; and (D) the proposed 1/2 acre play area be developed as part of the second increment. Minimum improvements shall include but not be limited to acceptable grading and grassing of the area. Should any of the conditions not be met or if performance of the conditions is deemed unsatisfactory in terms of the level of progress made and delinquent by the County Council or the Planning Director, action shall be taken to immediately rezone any portion or all of the subject area to its former zoning. Sec. 7.02(hh) The District Classification of the following area situated at Kahului 1st, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at a pipe at the southeast corner of this parcel of land at the northeast corner of R. P. 7059, L. C. Aw. 7350 to Kialoa and on the westerly side of Mamalahoa Highway the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA" being 3870.04 feet North and 15,740.89 feet East and running by azimuths measured clockwise from true South: 1. 810 31' 50" 161.41 feet along stone wall north 10011 side of R. P. 7059, L. C. Aw. 7350 to Kialoa to a pipe; 2. 78o 05' 30" 149.51 feet along same to a pipe; 3. 790 37' 10" 72.70 feet along same to a pipe; 4. 1030 17' 79.65 feet along same to a pipe; 5. 880 25' 205.55 feet along same to a pipe; 6. 880 17' 40" 205.43 feet along same; 7. 870 34' 50" 143.95 feet along same to a pipe at the northwest corner of R. P. 7059, L. C. Aw. 7350 to Kialoa; 10011 8. 167° 19' 108.21 feet along stone wall, remainder of Grant 976 to Kapae 1 to a pipe; 9. 262° 42' 30" 101.09 feet along stone wall, south boundary of Grant 4277 to A. F. Beard; 10. 247° 43' 50" 16.00 feet along same; 11. 2620 19' 20" 133.72 feet along same to a spike; 12. 2610 49' 132.00 feet along same; 13. 2541 04' 95.32 feet along same; 14. 252° 06' 40.20 feet along same; 15. 267° 10' 40" 36.93 feet along same to a spike; 16. 264° 03' 30" 132.79 feet along same to a spike; 17. 2410 10' 19.32 feet along same to a pipe; 18. 2560 08' 30" 145.26 feet along same to a pipe; 19. 265° 20' 39.93 feet along same to a pipe; 20. 246° 49' 20" 49.80 feet along same to a pipe; 21. 319° 52' 40" 85.86 feet along west side of Mamalahoa Highway to a pipe; 22. 329° 02' 30" 91.31 feet along same to a pipe; 23. 351° 39' 30" 71.69 feet along same to the point of beginning and containing an area of 3.948 acres. All as outlined in red on the map marked 7.02(hh) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the applicant submit and secure tentative approval of the proposed subdivision plan within one (1) year of the date of approval of the change of zone. The applicant shall also assume the responsibility for securing final subdivision approval; and (B) construction of the proposed dwelling commence within one (1) year of the date of final subdivision approval. Should these conditions not be met, action shall be taken to nullify any subdivision approval and to reclassify the subject area to a more appropriate designation. Sec. 7.02(ii) The District Classification of the following area situated at Honokohau 1st, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at a 3/4 inch pipe inconcrete at the northwest corner of this parcel of land, being also the southwest corner of Honokohau Tank Site, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA" being 16,192.15 feet North and and 7,677.90 feet East and running by azimuths measured clockwise from true South: 1. 259° 32' 366.81 feet along Honokohau Tank Site, crossing over a 3/4 inch pipe in concrete at 99.84 feet and along remainder of L. C. Aw. 11216, Apana 36 to M. Kekauonohi; 2. 349° 32' 250.00 feet along remainder of L. C. Aw. 11216, Apana 36 to M. Kekauonohi; 3. 790 32' 330.15 feet along remainder of L. C. Aw. 11216, Apana 36 to M. Kekauonohi; 4. 1610 11' 30" 252.67 feet following along portion of stone wall to the point of beginning and containing an area of 2.000 acres. All as outlined in red on the map marked 7.02(ii) and made a part hereof. M— This section shall take effect forthwith upon the condition that the applicant submit and secure tentative approval of the proposed subdivision plan within one (1) year of the date of approval of the change of zone and also be responsible for securing final subdivision approval. Sec. 7.02(jj) The District Classification of the following area situated at Kealakehe, North Kona, Hawaii, shall be Single Family Residential (RS -10): Beginning at the southeast corner of this parcel of land, on the south corner of Kealakehe School Site, Governor's Executive Order 2312 and on the boundary between the lands of Keahuolu and Kealakehe, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAHUOLU" being 6,374.72 feet north and 14,066.25 feet east, thence running by azimuths measured clockwise from true south: 1. 56° 38' 778.00 feet along R. P. 6851, L. C. Aw. 8452, Apana 12 to A. Keohokalole; 2. 740 08' 540.74 feet along R.P. 6851, L. C. Aw. 8452, Apana 12 to A. Keohokalole; 3. 1310 26' 253.98 feet along the remainder of the Government Land; Thence along the remainder of the Government Land, on a curve to the right with a radius of 2100.00 feet, the chord azimuth and distance being: 4. 156° 48' 1799.32 feet; Thence along the remainder of the Government Land, on a curve to the right with a radius of 700.00 feet, the chord azimuth and distance being: 5. 2060 38' 579.83 feet; 6. 2310 06' 244.99 feet along the remainder of the Government Land; Thence along the remainder of the Government Land, on a curve to the right with a radius of 900.00 feet, the chord azimuth and distance being: 8-95A 7. 136° 50' 07" 133.86 feet; 8. 1410 06' 568.00 feet along the remainder of the Government Land; 9. 227° 23' 30" 223.90 feet along the remainder of the Government Land; 10. 1710 57' 769.58 feet along the remainder of the Government Land; 11. 2610 57' 530.00 feet along R. P. 6855, L. C. Aw. 9971, Apana 9 to W. P. Leleiohoku; 12. 2840 00' 278.92 feet along Grant 3456 to McDougall; 13. 3350 06' 994.36 feet along the Kona Hotel Workers' Housing Site; 14. 650 06' 184.00 feet along the remainder of the Government Land; 15. 3350 06' 920.00 feet along the remainder of the Government Land; 16. 2450 06' 430.00 feet along the remainder of the Government Land and along the southeast side of Road Reserve; 17. 3350 06' 500.00 feet along the Low -Cost Housing Project Site; 18. 650 06' 564.88 feet along the Kealakehe School Site, Governor's Executive Order 2312; 19. 3350 06' 1165.78 feet along the Kealakehe School Site, Governor's Executive Order 2312, to the point of beginning and containing an area of 120.587 acres. All as outlined in red on the map marked 7.02 (jj) and made a part hereof. This section shall take effect forthwith upon the condition that a minimum park area of five (5) acres shall be provided in close proximity of the area to serve the proposed residential development with minimum improvements to the park area which shall include but not limited to grading and grassing which is acceptable to appropriate agencies. The park site shall be MIMI developed concurrently with the second increment and that the exact location and configuration of the park site shall be determined at the time of subdivision review of the second increment. 8-95C Sec. 7.03 South Kona Zone Map, as adopted on February 17, 1967, by the County Planning Commission of the County of Hawaii. Sec. 7.03(a) • The District Classification of the following area situated at Keei 2nd, South Kona, Hawaii, shall be Agricultural (A -la): Beginning at a pipe in concrete at the northwest corner of this parcel of land, at the southwest corner of a portion of Lot B-2 and on the east side of the present 60 -foot width Government Main Belt Road the coordinates of said point of beginning referred to Government Survey Triangulation Station "LAE O KANONI" being 5,827.6 feet north and 12,883.0 feet east and running by azimuths measured clockwise from true south as follows: 1. 2500 05' 937.84 feet along portion of Lot B-2 to a pipe in concrete; 2. 3590 'll' 160.19 feet along portion of Lot B-2 to a nail in concrete; 3. 71 037' 55" 848.26 feet along the north stonewall boundary of Lot B-1, Charles Mokuahi, owner; 4. 670 20' 40" . 67.89 feet along same; 5. 680 43' 19.09 feet along same; 6. 1800 35' 141.08 feet along the east side of the 60 -foot width Government Main Belt Road to the point of beginning; and the area within the above metes and bounds being 3.00 acres. All as outlined in red on the map marked 7.03(a) and made a part hereof. Om Sec. 7.03(b) The District Classification of the following area situated at Keei 2nd, South Kona, Hawaii, shall be Agricultural (A -la): Beginning at a pipe at the Northeast corner of this lot, being also the Southwest corner of Lot 2, and on the West side of Keei Middle Road to Napoopoo, the coordinates of point of beginning referred to Government Triangulation Station "LAE 0 KANONI" being 5445.5 feet North and 12,260.1 feet East, thence running by true azimuths measured clockwise from true South: 1. 3440 04' 216.96 feet along the West side of Keei Middle Road to Napoopoo, to a pipe; 2. 840 15' 386.80 feet along the North side of 30 -foot Road Reserve, to a pipe; 3. 1640 04' 240.66 feet along the remainder of L. C. Aw. 5524, Apana 5, R. P. 1663 to L. Konia, to a pipe; 4. 2670 40' 391.67 feet along Lot 2, to the point of beginning; and containing an area of 2.0 acres. All as outlined in red on the map marked 7.03(b) and made a part hereof. Sec. 7.03(c) The District Classification of the following area situated at Onouli 2nd, South Kona, Hawaii, shall be Agricultural (A -la): Beginning at a pipe in concrete marked B at the northwest corner of this parcel of land, being also the northeast corner of Lot 3-D, the coordinates of said point of beginning referred to a spike in concrete monument marked "Church-1929-J.B.M." set near the front entrance of the Roman Catholic Church being 1,528.60 feet north and 1,914.10 feet east, aid running by azimuths measured clockwise from true south: 1. 2550 49' 516.50 feet to a pipe in concrete marked 12; 2. 3490 18' 410.00 feet along Lots 5-D, 5-D-1 and 5-D-2; am 3. 790 18' 240.00 feet along Lots 5 -E -1-A and 5 -E -1-B; 4. 220 46' 413.00 feet along Lots 5 -E -1-A and 5-E-2; 5. 790 18' 170.00 feet along Lot 3; 6. 1660 46' 524.90 feet along Lot 5-B; 7. 2050 26' 246.30 feet along Lot 3-D to the point of beginning and containing an area of 7.90 acres or thereabouts. All as outlined in red on the map marked 7.03(c) and made a part hereof. Sec. 7.03(d) The District Classification of the following area situated at Kiloa 1 and 2 and Wainunaula, South Kona, Hawaii, shall be Village Commercial (CV -10): Beginning at a pipe in concrete at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW OHAU" being 8,765.32 feet south and 15,695.14 feet east, and thence running by azimuths measured clockwise from true south: Along the southeasterly side of Kilos Road on a 25.00 foot radius curve to the right, the chord azimuth and distance being: 1. 1780 21' 15" 41.76 feet to a pipe in concrete; 2. 2340 59' 1121.19 feet along the southeasterly side of Kilos Road, to a pipe in concrete; 3. 3400 59' 45.21 feet along Lot 13D, along remainder of Grant 867 to Preston Cumings, to a pipe in concrete; 4. 3360 18' 30" 258.23 feet along same to a pipe in concrete; 5. 3300 28' 30" 232.19 feet along Lots 13D and 13C, along remainder of Grant 867 to Preston Cumings, to a pipe in concrete; MM 6. 3320 50' 30" 7. 540 00' 30" 8. 49° 26' 9. 3060 41' 10. 440 52' 30" 11. 450 06' 30" 12. 740 24' 13. 820 16' 30" 14. 1080 19' 30" 15. 1230 24' 16. 550 00' 17. 960 31' 18. 450 39' 19. 1260 40' 15" MM 315.53 feet along Lot 13C, along remainder of Grant 867 to Preston Cumings, to a pipe in concrete; 286.55 feet along stone wall, along Lot 12, along remainder of Grant 867 to Preston Cumings, to a pipe in concrete; 78.22 feet along stone wall, along Lot 12, along remainder of Grant 867 to Preston Cumings, to a pipe in concrete; 172.49 feet along Lot 12 to a pipe in concrete; Thence along 40 foot road reserve for the following eight (8) courses: 14.06 feet to a pipe in concrete; 123.61 feet to a pipe in concrete; 18.08 feet to a pipe in concrete; 90.92 feet to a pipe in concrete; 54.31 feet to a pipe in concrete; 53.82 feet to a pipe in concrete; 46.29 feet to a pipe in concrete; 17.00 feet to a pipe in concrete; 13.39 feet along partial stone wall, along Roadway, along remainder of Grant 867 to Preston Cumings, to a nice in concrete; 88.00 feet along the northeasterly side of Hawaii Belt Road (Mamalahoa Highway), to a nice in concrete; Thence along the northeasterly side of Hawaii Belt Road (Mamalahoa Highway) on a 2879.93 foot radius curve to the left, the chord azimuth and distance being: 20. 1240 11' 52.5" 248.52 feet to a pipe in concrete; 21. 1210 43' 30" 586.70 feet along the northeasterly side of Hawaii Belt Road (Mamalahoa Highway) to the point of beginning and containing an area of 18.648 acres. All as outlined in red on the map marked 7.03(d) and made a part hereof. Sec. 7.03(e) The District Classification of the following area situated at Keopuka, South Kona, Hawaii, shall be Village Commercial (CV -10): Beginning at a pipe in concrete on the southerly boundary of this lot, and on the northerly side of Keoouka Road, the coordinates of which referred to Government Survey Triangulation Station "PUU OHAU" being 4513.29 feet South and 11,236.06 feet East, and thence running by azimuths measured clockwise from true South: Along the northeasterly side of Lot 1-E (16 feet wide Roadway) on a 10.00 feet radius curve to the right, the direct chord azimuth and distance being: 1. 1150 31' 30" 14.14 feet to a pioe in concrete; 2. 1600 31' 30" 186.67 feet along the northeasterly side of Lot 1-E (16 feet wide Roadway) to a pipe in concrete; 3. 2500 31' 30" 73.60 feet along Lot 4J, along remainder of Grant 1584 to Daniel Barrett, to a pipe in concrete; 4. 330 27' 198.17 feet along Lot 1-A-2, along remainder of Grant 1584 to Daniel Barrett; 5. 700 31' 30" 88.02 feet along the northerly side of Keoouka Road, to the point of beginning and containing an area of 16,854 square feet. All as outlined in red on the map marked 7.03(e) and made a part hereof. e �� Sec. 7.03(f) The District Classification of the following area situated at Kalamakumu, South Kona, Hawaii, shall be Single Family Residential (RS -7.5): Beginning at the northwest corner of this lot and on the south side of the Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "LAE 0 KANONI" being 19,401.13 feet north and 4,492.72 feet east and running by azimuths measured clockwise from true south: 1. 2880 05' 418.00 feet along the south side of Mamalahoa Highway; 2. 200 22' 154.20 feet along a stone wall; 3. 240 36' 170.90 feet along a stone wall; 4. 290 16' 119.10 feet along a stone wall; 5. 1160 37' 218.00 feet along a stone wall; 6. 1120 31" 159.00 feet along a stone wall; 7. 1970 38' 163.40 feet along a stone wall; 8. 2010 12' 241.50 feet along a stone wall to the point of beginning and containing an area of 3.88 acres. All as outlined in red on the map marked 7.03(f) and made a part hereof. Sec. 7.03(g) The District Classification of the following area situated at Kilos 1 and 2, South Kona, Hawaii, shall be Village Commercial (CV-lO): Beginning at the Southeast corner of this parcel of land, on the Northwesterly side of Kiloa Road, the coordinates of which referred to Government Triangulation Station "PUU OHAU" being 8,643.77 feet South and 15,738.12 feet East and running by azimuths measured clockwise from true South: 1. 540 59' 123.96 feet along the Northwesterly side of Kiloa Road; thence along the Northwesterly side of Kiloa Road on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being; 8-101 2. 880 21' 15" 22.00 feet; 3. 1210 43' 30" 203.06 feet along the Northeasterly side of the Mamalahoa Highway; 4. 2330 15' 135.43 feet along the East side of Lot 44, Coffee Farm Lots Subdivision; 5. 3010 43' 30" 220.70 feet along the South side of Lot 45-B, Coffee Farm Lots Subdivision, to the point of beginning and containing an area of 0.6311 acres. All as outlined in red on the map marked 7.03(8) and made a part hereof. Sec. 7.03(h) The District Classification of the following area situated at Keopuka, South Kona, Hawaii, shall be Single Family Residential (RS -10): Beginning at the northeast corner of this lot, the coordinates of which referred to Government Survey Triangulation Station "PUU OHAU" being 5,127.83 feet South and 11,740.35 feet East, and thence running by azimuths measured clockwise from true South: 1. 3510 49' 54.90 feet along the westerly side of Mamalahoa Highway; Thence along remainder of Grant 148 to Daniel Barrett for the following eight (8) courses: 2. 730 24' 30" 423.43 feet; 3. 3350 54' 57.50 feet; 4. 3350 54' 197.70 feet; 5. 730 33' 611.66 feet; 6. 1740 58' 272.00 feet; 7. 2470 20' 517.50 feet 8. 3350 54' 23.70 feet 9. 2520 20' 437.60 feet to the point of beginning and containing an area of 4.30 acres. All as outlined in red on the map marked 7.03(h) and made a part hereof. B-102 This section shall take effect forthwith upon the conditions that (A) the subject area be zoned in four (4) increments, each consisting of approximately one (1) acre. The effective date of zoning for the next increment shall be after development has occurred on the previous zoning increment. Development is defined as building permits issued for residential dwelling units and construction partially completed --partially completed in the sense of having roofs on those units --on fifty (50) percent of the permanent structures of the previous increment or increments; and (B) the owner or lessee of the subject area submit a subdivi- sion plan and secure preliminary approval of the first increment no later than one year from the date of approval of the subject request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject area to its original designation. 8-103 Sec. 7.03(i) The District Classification of the following area situated at Kilos 1 and 2 and Waipunaula, South Kona, Hawaii, shall be Neighborhood Commercial (CN -7.5): Beginning at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "LAE 0 KANONI" being 20,003.14 feet North and 3,605.46 feet East, and thence running by azimuths measured clockwise from true South: 1. 3010 43' 30" 118.80 feet along remainder of Grant 867 to Prest Cummings; Thence along remainder of Grant 867 to Prest Cummings on a 2684.79 foot radius curve to the right, the chord azimuth and distance being: 2. 3040 12' 15" 232.27 feet; 3. 3060 41' 153.61 feet along remainder of Grant 867 to Prest Cummings; 4. 420 39' 30" 110.60 feet along remainder of Grant 867 to Prest Cummings; 5. 1260 41' 142.10 feet along remainder of Grant 867 to Prest Cummings; Thence along remainder of Grant 867 to Prest Cummings on a 2574.79 foot radius curve to the left, the chord azimuth and distance being: 6. 1240 12' 15" 222.75 feet; 7. 1210 43' 30" 152.89 feet along remainder of Grant 867 to Prost Cummings; 8. 2260 49' 75.12 feet along the southeastern side of existing roadway, along remainder of Grant 867 to Prest Cummings; 9. 2320 55' 40.19 feet along the southeastern side of existing roadway, along remainder of Grant 867 to Brest Cummings to the point of beginning and containing an area of 1.295 acres. All as outlined in red on the map marked 7.03(i) and made a part hereof. This section shall take effect forthwith upon the condition that the proposed development comply with the goals, policies, and standards for commercial development as specified by the General Plan document. 8-105 Sec. 7.03(J-1) The District Classification of the following area situated at Kealakekua, South Kona, Hawaii, shall be Neighborhood-Commercial (CN-7.5): Beginning at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU OHAU" being 7,905.52 feet south and 14,142.60 feet east, and thence running by azimuths measured clockwise from true south: Along the southwesterly side of Hawaii Belt Road on a 985.37 foot radius curve to the left, the chord azimuth and distance being: 1. 2980 50' 28" 34.09 feet; 2. 2070 51' 5.00 feet along jog in right-of- way boundary of Hawaii Belt Road; 3. 2970 51' 120.17 feet along the southwesterly side of Hawaii Belt Road; 4. 440 41' 179.92 feet along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole; 5. 1350 42' 150.35 feet along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole; 6. 2260 27' 128.42 feet along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole to the point of beginning and containing an area of 0.528 acre. All as outlined in red on the map marked 7.03(j-1) and made a part hereof. Sec. 7.03(j-2) The District Classification of the following area situated at Kealakekua, South Kona, Hawaii, shall be Neighborhood-Commercial (CN-7.5): Beginning at the northeast corner of this Cartel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU OHAU" being 8,567.97 feet south and 15,271.40 feet east, and thence running by azimuths measured clockwise from true south: 1. 460 2'7' 30" 155.10 feet along stonewall, along Grant 867 to Preston Cummings at Kiloa; 2. 1210 43' 30" 524.90 feet along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole; Thence along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole on a 525.00 foot radius curve to the left, the chord azimuth and distance being: 3. 1020 58' 30" 337.51 feet; Thence along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole for the following twelve (12) courses: 4. 840 13' 30" 162.21 feet; 5. 1740 13' 30" 105.00 feet; 6. 2180 54' 30" 66.17 feet; 7. 2210 56' 65.29 feet; 8. 3000 15' 30" 101.24 feet; 9. 300 13' 8.58 feet; 10,3010 43' 30" 187.26 feet; 11. 2110 43' 30" 59.52 feet; 12. 3130 13' 30" 77.58 feet; 13. 3120 32' 30" 45.49 feet; 14. 3140 30' 171.89 feet; 15. 2240 20' 156.27 feet; thence 16. 3010 43' 30" 445.52 feet along the southwesterly side of Hawaii Belt Road to the point of beginning and containing an area of 2.674 acres. All as outlined in red on the map marked 7.03(j-2) and made a part hereof. 8-107 Sec. 7.03(j-3) The District Classification of the following area situated at Kealakekua, South Kona, Hawaii, shall be Single -Family Residential (RS -10): Beginning at a southwest corner of this parcel of land, and on the northeasterly side of the Lower Government Main Road to Napoo�oo, the coordinates of which referred to Government Survey Triangulation Station "PUU OHAU" being 8,349.65 feet south and 12,897.82 feet east, and thence running by azimuths measured clockwise from true south: Along the northeasterly side of the Lower Government Main Road to Napoonooyy for the following twelve 112) courses: 1. 1560 20' 46.99 feet; 2. 1600 32' 30" 58.48 feet; 3. 1500 05' 74.72 feet; 4. 1410 18' 72.45 feet; 5. 500 26' 30" 2.39 feet; 6. 1210 03' 30" 20.37 feet; 7. 1330 34' 59.07 feet; S. 1360 03' 30" 56.66 feet; 9. 1400 38' 30" 27.99 feet; 10. 1450 29' 30" 41.60 feet; 11. 1400 00' 34.55 feet; 12. 1530 22' 30" 71.24 feet; thence along stonewall, along L. C. Aw. 8452:10 to A. Keohokalole at Kaawaloa for the following eleven (11) courses: 13. 2370 07' 30" 131.4 feet; 14. 3240 37' 31.0 feet; 15. 2410 55' 30" 126.6 feet; 16. 3300 33' 54.9 feet; 17. 2250 48' 226.8 feet; 18. 2410 34' 27. 19. 2580 50' 30" 20. 2520 02' 13' 30" 21. 2400 38' 30" 22. 2340 34' 23. 2310 14' 24. 3110 55' 30" 25. 3050 52' 43" 26. 460 27' 27. 3150 42' 28. 3360 48' 29. 3540 13' 30" 30. 2640 13' 30" 31. 282° 58' 30" 32. 3010 43' 30" 98.4 feet; 59.8 feet; 162.7 feet; 60.1 feet; 123.6 feet; 108.25 feet; thence 574.32 feet along the southwesterly side of Hawaii Belt Road; Thence along the southwesterly side of Hawaii Belt Road on a 985.37 foot radius curve to the left, the chord azimuth and distance being: 207.58 feet; Thence along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole for the following five (5) courses: 128.42 feet; 150.35 feet; 145.01 feet; 105.00 feet; 162.21 feet; thence along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole on a 525.00 foot radius curve to the right, the chord azimuth and distance being: 337.51 feet; 524.90 feet along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole; Thence along stonewall, along Grant 867 to Preston Cumings at Kiloa for the following seven (7) courses: OFi3 33. 460 27' 30" 48.30 feet; 34. 480 45' 103.13 feet; 35. 510 25' 109.39 feet; 36. 490 24' 135.79 feet; 37. 400 30' 30" 127.13 feet; 38. 450 20' 268.49 feet; 39. 520 11' 68.57 feet; thence along stonewall along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole for the following twenty (20) courses: 40. 1360 37' 45.98 feet; 41. 1280 35' 73.80 feet; 42. 1400 20' 30" 159.90 feet; 43. 1370 01' 30" 103.48 feet; 44. 1390 36' 153.34 feet; 45. 1300 16' 43.24 feet; 46. 1390 06' 30" 178.61 feet; 47. 1350 50' 172.34 feet; 48. 1360 44' 30" 84.42 feet; 49. 2320 25' 222.90 feet; 50. 1370 04' 258.52 feet; 51. 1370 20' 30" 207.37 feet; 52. 2170 39' 30" 6.37 feet; 53. 1390 06' 30" 77.97 feet; 54. 1330 03' 199.55 feet; 55. 480 06' 30" 228.18 feet; 56. 530 41' 30" 208.60 feet; 57. 470 14' 30" 173.64 feet; 58. 480 00' 30" 131.17 feet; 8-110 59. 580 25' 30" 55.50 feet to the point of beginning and containing an area of 31.61 acres. All as outlined in red on the map marked 7.03(j-3) and made a part hereof. Sec. 7.03(j-4) The District Classification of the following area situated at Kealakekua, South Kona, Hawaii, shall be Single-family Residential (RS -10): Beginning at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUJ OHUA" being 8,349.65 feet south and 12,897.82 feet east, and thence running by azimuths measured clockwise from true south: Along stonewall, along remainder of R. P. 3607 and 7533, L. C. Aw. 8452:9 to A. Keohokalole for the following twenty (20) courses: 1. 2380 25' 30" 55.50 feet; 2. 2280 00' 30" 131.17 feet; 3. 2270 14' 30" 173.64 feet; 4. 2330 41' 30" 208.60 feet; 5. 2280 06' 30" 228.18 feet; 6. 3130 03' 199.55 feet; 7. 3190 06' 30" 77.97 feet; 8. 370 39' 30" 6.37 feet; 9. 3170 20' 30" 207.37 feet; 10. 3170 04' 258.52 feet; 11. 520 25' 222.90 feet; 12. 3160 44' 30" 84.42 feet; 13. 3150 50' 172.34 feet; 14. 3190 06' 30" 178.61 feet; 15. 3100 16' 43.24 feet; 16. 3190 36' 153.34 feet; 8-111 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 3170 01' 30" 103.48 feet; 3200 20' 30" 159.90 feet; 3080 35' 73.80 feet; 3160 37' 45.98 feet; Along stonewall, along Grant 867 to Preston Cumings at Kiloa for the following nine (9) courses: 520 03' 250.44 feet; 600 04' 161.43 feet; 550 23' 48.03 feet; 440 36' 84.11 feet; 360 32' 30" 121.80 feet; 360 O1' 207.21 feet; 350 27' 30" 153.87 feet; 310 32' 193.27 feet; 190 12' 106.25 feet; Thence along the northeasterly side of the Lower Government Main Road to Napoopoo, for the following thirty-two (32) courses: 1430 32' 30" 19.96 feet; 1510 32' 55.02 feet; 1360 17' 30" 48.68 feet; 1200 O1' 31.64 feet; 1340 13' 28.42 feet; 1480 45' 30" 15.19 feet; 152° 34' 64.57 feet; 1370 29' 30" 74.42 feet; 1150 53' 30" 78.70 feet; 1520 27' 30" 89.98 feet; 1430 11' 50.79 feet; 8-112 41. 151° 53' 34.76 feet; 42. 1660 06' 30" 40.06 feet; 43. 1790 47' 30" 19.14 feet; 44. 1980 23' 30" 41.24 feet; 45. 2100 15' 30" 59.24 feet; 46. 209° 20' 27.21 feet; 47. 2010 52' 30" 47.82 feet; 46. 1820 40' 30" 72.56 feet; 49. 176° 56' 48.36 feet; 50. 162° 22' 65.07 feet; 51. 1390 22' 164.77 feet; 52. 137° 43' 30" 78.10 feet; 53. 1520 54' 52.69 feet; 54. 1710 36' 41.57 feet; 55. 1930 49' 127.23 feet; 56. 2320 57' 30" 10.44 feet; 57. 1730 37' 30" 107.75 feet; 58. 1600 05' 47.10 feet; 59. 1490 14' 308.27 feet; 60. 1510 461 30" 236.40 feet; 61. 1590 06' 18.95 feet to the point of beginning and containing an area of 41.69 acres. Allas outlined in red on the map marked 7.03(j-4) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the requested single-family residential (RS -10) zoned area be zoned in two (2) increments, each increment consisting of approximately thirty-six (36) acres. The effective date of zoning for the second increment shall be after development has 8-113 occurred in the first increment. Development is defined as building permits issued for residential dwelling units and construction partially completed --partially completed in the sense of having roofs on those units --on fifteen (15) per cent of the lots in the first increment; and (B) controls be assured to curb any adverse effects of development in regards to environmental concerns and that the proposed development comply with the requirements of the Department of Health. Should these conditions not be met, the Planning Commission shall reserve the right to initiate action to rezone the subiect area to its former designations. Sec. 7.03(k) The District Classification of the following area situated at Kealia 2nd, North Kona, Hawaii, shall be Agricultural (A -la): Beginning at a pipe on the mauka side of Government Main Road, at the southwest corner of this lot, the coordinates of said point of beginning referred to Government Triangulation Station "KANONI" being 12,668.98 south and 13,019.23 east and running by azimuths measured clockwise from true south: 1. 1670 15' 150.00 feet along mauka side of Government Main Road to a pipe; 2. 2590 49' 438.53 feet following a stone wall, along the south boundary of Grant 1196 to a pipe marked 96; Thence along same, the direct azimuths and distances being: 3. 2540 58' 454.20 feet to a pipe marked 95; 4. 2590 21' 527.70 feet to a pipe; 5. 3470 45' 155.50 feet along the remainder of L. C. Aw. 7716:6; 6. 780 19' 1420.00 feet along same to the point of beginning and containing an area of 5.00 acres. 8-114 All as outlined in red on the map marked 7.03(k) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the subject property submit a subdivi- sion plan and secure preliminary approval within one (1) year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject property to its former designation. Sec. 7.03(1-1) The District Classification of the following area situated at Halekii, South Kona, Hawaii, shall be Village Commercial (OV -7.5): Beginning at the southwest corner of this parcel of land, along the north side of Land Court Application 1609, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW OHAU," being 2,072.93 feet North and 10,694.45 feet East, thence running by azimuths measured clockwise from true South: 1. 1660 45' 495.21 feet along the remainder of R. P. 1670 to John D. Parish on a portion of L. C. Aw. 337, Part 4, Section 2 to American Board of Commissioners for Foreign Missions; Thence along a curve to the left with a radius of 790.00 feet, the chord azimuth and distance being: 2. 730 55' 34.5" 136.32 feet along same; 3. 1680 50' 33" 264.55 feet along same; 4. 2760 15' 117.13 feet along Grant 865 to John Nakookoo; 5. 2770 41' 30" 51.26 feet along same; 6. 20 50' 30" 17.55 feet along Grant 173 to John Peters; 7. 2710 24' 423.93 feet along same; 8. 2740 57' 30" 110.44 feet along same; 9. 2710 55' 30" 201.64 feet along same; Thence along a curve to the right with a radius of 1402.69 feet, the chord azimuth and distance being: 10. 00 57' 38.6" 437.53 feet along the west side of Hawaii Belt Road; 11. 9° 56' 185.58 feet along same; 12. 830 48' 30" 58.11 feet along Land Court Anplication 1609; 13. 780 42' 72.78 feet along same; 14. 830 32' 30" 212.88 feet along same; 15. 900 45' 101.35 feet along same; 16. 1000 38' 126.86 feet along same to the point of beginning and containing an area of 11.091 acres, more or less. All as outlined in red on the map marked 7.03(1-1) and made a part hereof. Sec. 7.03(1-2) The District Classification of the following area situated at Halekii, South Kona, Hawaii, shall be Multiple Family Residential (RM -2): Beginning at the northeast corner of this parcel of land, along the south side of Grant 865 to John Nakookoo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW CHAN," being 2,776.77 feet North and 10,398.76 feet East, thence running by azimuths measured clockwise from true South: B-116 1. 3480 50' 33" 264.55 feet along the remainder of R. P. 1670 to John D. Parish on a portion of L. C. Aw. 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions; Thence along a curve to the right with a radius of 790.00 feet, the chord azimuth and distance being: 2. 2530 55' 34.5" 136.32 feet along same; 3. 3460 45' 495.21 feet along same; 4. 1000 38' 58.99 feet along Land Court Application 1609; 5. 880 04' 30" 57.86 feet along same; 6. 1660 45' 375.83 feet along the remainder of R. P. 1670 to John D. Parish on a portion of L. C. Aw. 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions; Thence along a curve to the left with a radius of 710.00 feet, the chord azimuth and distance being: 7. 670 45' 34" 59.70 feet along same; 8. 650 21' 428.34 feet along same; Thence along a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 9. 260 03' 38.00 feet along same; 10. 1660 45' 519.76 feet along same; 11. 2640 46' 42.50 feet along Grant 865 to John Nakookoo; 12. 2680 00' 71.33 feet along same; 13. 2700 30' 30" 118.59 feet along same; 14. 2500 28' 30" 88.70 feet along same; 15. 2620 08' 30" 172.47 feet along same to the point of beginning and containing an area of 5.811 acres, more or less. 8-117 All as outlined in red on the map marked 7.03(1-2) and made a part hereof. Sec. 7.03(1-3) The District Classification of the following area situated at Halekii, South Kona, Hawaii, shall be Single Family Residential (RS -10): Beginning at the southeast corner of this parcel of land, along the north side of Land Court Application 1609, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU," being 2,081.87 feet North and 10,578.65 feet East, thence running by azimuths measured clockwise from true South: 1. 880 04' 30" 22.13 feet along Land Court Application 1609 for the following fourteen (14) courses: 2. 840 15' 74.28 feet; 3. 710 581 30" 74.69 feet; 4. 510 02' 30" 52.96 feet; 5. 470 50' 30" 151.15 feet; 6. 630 27' 80.72 feet; 7. 540 20' 30" 42.09 feet; B. 590 40' 328.63 feet; 9. 690 07' 30" 56.82 feet; 10. 600 55' 180.40 feet; 11. 630 13' 159.71 feet; 12. 730 02' 87.56 feet; 13. 820 44' 30" 282.04 feet; 14. 690 29' 97.61 feet; 15. 3500 50' 88.01 feet; 16. 780 27' 30" 137.31 feet along Grant 977 to Panaunau; 17. 910 04' 164.93 feet along same; 18. 1700 44' 55" 982.92 feet along the remainder of R. P. 1670 to John D. Parish on a Portion of L. C. Aw. 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions; 19. 248° 00' 30" 20. 2970 57' 21. 2230 18' 22. 2520 08' 23. 2470 51' 24. 2580 44' 25. 2490 25' 26. 2560 52' 27. 2440 57' 30" 28. 2470 24' 30" 29. 2440 49' 30. 2410 04' 31.. 2560 15' 30" 32. 2540 36' 33. 2640 46' 34. 3460 45' 35. 2060 03' 36. 2450 21' 37. 2470 45' 34" Thence along Grant 865 to John Nakookoo for the following fifteen (15) courses: 100.91 feet; 24.62 feet; 39.77 feet; 71.35 feet; 62.63 feet; 135.37 feet; 117.69 feet; 95.04 feet; 158.52 feet; 132.40 feet; 69.03 feet; 71.39 feet; 68.14 feet; 201.92 feet; 40.00 feet; 519.76 feet along the remainder of R. P. 1670 to John D. Parish on a portion of L. C. Aw. 387, Part 4, Section 2 to American Board of Commissioners for Foreign Missions; Thence along a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 38.00 feet; 428.34 feet; Thence along a curve to the right with a radius of 710.00 feet, the chord azimuth and distance being: 59.70 feet; 8-119 38. 3460 45' 375.83 feet to the point of beginning and containing an area of 36.000 acres, more or less. All as outlined in r,d on the map marked 7.03(1-3) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned with the following increments: 1.) The RS -10 area shall consist of two (2) increments. The first increment shall consist of seventy (70) lots and the second, the remaining lots. The effective date of zoning for the second incre- ment shall be after development has occurred on the first increment. Development is defined as building permits issued for residential dwelling units and construction partially completed - partially completed in the sense of having roofs on those units - on thirty (30) lots or forty-three (43) per cent in the first increment. This is to assure that a minimum of twenty-five (25) per cent of the lots of the entire RS -10 requested area would have single- family residential units on them; 2.) the RM -2 area shall consist of two (2) increments. The first increment shall consist of three (3) acres and the second increment, the remaining area. The effective date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permits issued for a multiple -residential complex consisting of a minimum of sixteen (16) units or twenty- five (25) per cent of the allowable units in the first increment and construction partially completed - partially completed in the sense of having the basic structures fastened in a permanent fashion - on those units; and 3.) the CV -'7.5 area shall consist of two (2) increments. The first increment shall consist of five (5) acres and the second increment, the remaining area. The effective 8-120 date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permits issued and basic structures fastened in a permanent fashion on twenty-five (25) per cent of the land area of the first increment; (3) the petitioner be responsible for submitting a subdivision plan and secure preliminary approval for the RS -10 area within one (1) year from date of approval; (C) the petitioner be responsible for submitting a cluster plan development application for the requested RS -10 area, which shall include a minimum of four (4) acres of open space for active recreational use; (D) all other rules and regulations be complied with; and (E) the area be served by a sewer system of such design and capacity and meeting such standards and criteria as shall be required or imposed by the County's ordinance and by other applicable law. Sec. 7.03(m) The District Classification of the following area situated at Honaunau, South Kona, Hawaii, shall be Agricultural (A -la): Beginning at the southwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "LAE 0 KANONI" being 1,063.71 feet South and 10,508.81 feet East and thence running by azimuths measured clockwise from true South: Along the easterly side of the Lower Government Main Road for the following four (4) courses: 1. 1750 00' 30.00 feet; 2. 1500 00' 73.84 feet; 3. 1340 00' 50.93 feet; 4. 1210 23' 100.60 feet; thence 5. 2520 00' 365.20 feet along Lot 7-A-1 and Lot 7; 8-121 6. 1° 49' 40" 298.75 feet along remainders of Lot 6 and Lot 5; 7. 910 21' 175.80 feet along Lot 4-A to the point of beginning and containing an area of 1.42 Acres. All as outlined in red on the map marked 7.03(m) and made a part hereof. This section shall take effect forthwith upon the condition that the petitioner be responsible for submitting and securing tentative approval of the proposed subdivision within one year from the date of approval of the change of zone. Also to be submitted with the subject subdivision is the consolidation of the remainder of the parcels with Parcels 5 and 6. Should this condition not be met, rezoning of the properties shall be considered. Sec. 7.04 Kailua Urban Zone Map, as adopted on February 17, 1967, by the County Planning Commission of the County of Hawaii. Sec. 7.04(a) The District Classification of the following area situated at Honuaula, North Kona, Hawaii, shall be Multiple -Family Residential, 1,000 square feet of land area per rentable unit (RM -1): 8-122 Beginning at a spike in concrete at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "NORTH MERIDIAN" being 921.92 feet south and 1775.34 feet east, and thence running by azimuths measured clockwise from true south: 1. 2370 50' 100.00 feet along the southerly side of 40.00 foot wide gubdivision road, to a pipe in concrete; Thence along subdivision road on a 20.00 foot radius curve to the right, the chord azimuth and distance being: 2. 2820 50' 28.28 feet to a pipe in concrete; 3. 3270 50' 45.68 feet along the southwesterly side of 32.00 foot wide subdivision road, to a pipe in concrete; 4. 570 50' 120.00 feet along Lot 92 of File Plan 769 to a pipe in concrete; 5. 147 50' 65.68 feet along Lot 94 of File Plan 769 to the point of beginning and containing an area of 7796 square feet. All as outlined in red on the map marked 7.04(a) and made a part hereof. Sec. 7.04(b) The District Classification of the following area situated at Keopu 3rd and Honuaula, North Kona, Hawaii, shall be village Commercial, 7,500 square feet minimum sized lots (CV -7.5): Beginning at the west corner of this parcel of land, the west corner of Lot 62 of File Plan 769 and on the southerly side of Kalani Street, the coordinates of said point of beginning referred to Government Survey 8-123 Triangulation Station "NORTH MERIDIAN" being 973.05 feet south and 1168.12 feet east and running by azimuths measured clockwise from true south: 1. 237 50' 98.82 feet along the southerly side of Kalani Street; - Thence along a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 2840 54' 30" 29.29 feet; 3. 3310 59' 120.47 feet along the westerly side of Kalawa Street; 4. 610 59' 120.00 feet along the northerly side of Lot 60 of File Plan 769; 5. 1510 59' 133.26 feet along the easterly side of Lots 47 and 48 of File Plan 769 to the point of beginning and containing an area of 16,396 square feet. All as outlined in red on the map marked 7.04(b) and made a part hereof. Sec. 7.04(c) The District Classification of the following area situated at Puaa 3rd, North Kona, Hawaii, shall be Resort -Hotel, 750 square feet of land area per rentable unit (V-.75): Beginning at a spike in concrete at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "KAILUA" being 4045.84 feet south and 1893.70 feet east, and thence running by azimuths measured clockwise from true south: 1. 2590 45' 23.44 feet along the southerly side of the intersection of the Keauhou-Kailua Middle Road and Alii Drive, to a spike in concrete; 8-124 2. 3260 38' 3. 77° 49' 250.12 feet along the westerly side of the Keauhou-Kailua Middle Road, to a pine in concrete; 84.73 feet along L. C. Aw. 7081 to Kaiwikui and L. C. Aw. 10266 to Makai, to a spike in concrete; Thence along the easterly side of Alii Drive on a 5754.70 foot radius curve to the left, the chord azimuth and distance being: 4. 1610 01' 11.4" 134.55 feet to a spike in concrete; 5. 1600 21' 101.27 feet along the easterly side of Alii Drive to the point of beginning and containing an area of 12,495 square feet. All as outlined in red on the map marked 7.04(c) and made a part hereof. Sec. 7.04(e-1) The District Classification of the following area situated at Keahuolu, North Kona, Hawaii, shall be Open (0): Beginning at the west corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "KAILUA" being 1609.61 feet north and 732.72 feet west and running by azimuths measured clockwise from true south: 1. 2050 51' 134.00 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; Thence following along remainder of R. P. 6851, L. C. Aw. 8452, Anana 12 to Keohokalole on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 2. 2500 51' 42.43 feet; 3. 2950 51' 190.00 feet along the south side of Kailua-Kawaihae Road; 8-125 4. 2980 42' 39" 158.64 feet along the south side of Kailua-Kawaihae Road; 5. 250 11' 59" 156.09 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; 6. 1150 51' 380.21 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole to the point of beginning and containing an area of 1.403 acres. All as outlined in red on the map marked 7.04(e-1) and made a part hereof. Sec. 7.04(e-2) The District Classification of the following area situated at Keahuolu, North Kona, Hawaii, shall be Village Commercial (CV -10): Beginning at the north corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "KAILUA" being 1,609.61 feet north and 732.72 feet west and running by azimuths measured clockwise from true South: 1. 2950 51' 380.21 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; 2. 250 11' 59" 371.17 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; 3. 270 26' 371.67 feet along remainder of R. P. 6851, L. C. Aw. 8452, Aoana 12 to Keohokalole; 4. 1170 26' 69.00 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; 5. 2070 26' 46.21 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; 6. 1150 51' 276.47 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole; 8-126 Thence following along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 7. 1600 51' 42.43 feet; 8. 2050 51' 664.55 feet along remainder of R. P. 6851, L. C. Aw. 8452, Apana 12 to Keohokalole to the point of beginning and containing an area of 6.143 acres. All as outlined in red on the map marked 7.04(e-2) and made a part hereof. Sec. 7.04(f) The District Classification of the following area situated at Puaa 2nd, North Kona, Hawaii, shall be Multiole Family Residential (RM -2): 8-127 Beginning at a spike in concrete at the southwest corner of this parcel of land, the coordinates of which referred to "KAILUA" being 4,020.33 feet South and 2,653.56 feet East, and thence running by azimuths measured clockwise from true South: 1. 1510 59' 102.40 feet along the easterly side of Kuakini Highway, to a spike in concrete; Thence along stonewall, along Lot 2, along Grant 4100 Apana 2 to Papa, as per R. M. Towill Corporation's survey dated December 29 1961, for the following three �3) courses: 2. 2560 58' 212.96 feet to a pipe in concrete; 3. 2540 02' 30" 178.70 feet to a spike in concrete; 4. 2570 22' 115.60 feet to a "+" cut on set rock at centerline intersection of stonewalls (found); thence 5. 3420 58' 127.88 feet along Kuakini Great Wall, along Grant 1744 to Kahaunaele, to a pine in concrete; 8-127 6. 790 20' 45" 489.89 feet along remainder of Grant 4037, Apana 2 to J. Kaaeamoku, to the point of beginning and containing an area of 1.286 acres. All as outlined in red on the map marked 7.04(f) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the development comply with the goals, policies, and standards of multiple residential development as outlined in the general plan document and (B) the applicant or owner or lessee of the Property be responsible for obtaining a building permit, substantially conforming to the preliminary building plans submitted in conjunction with the rezoning application, within one year from the date of approval of this request. Should this condition not be met, the Planning Commission shall reserve the right to initiate rezoning proceeding to its original designation. Sec. 7.04(g) The District Classification of the following area situated at Lanihau 1st, North Kona, Hawaii, shall be Village Commercial (CV -10): Beginning at the southwest corner of this parcel of land, being also the southwest corner of Parcel 11, easement (15.00 feet wide) for sewer purposes, on the easterly side of Palani Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA" being 159.54 feet north and 439.94 feet west and running by azimuths measured clockwise from true south: Running along the easterly side of Palani Road on a curve to the left with a radius of 5749.60 feet, the chord azimuth and distance being: 1. 2080 39' 22.7" 245.43 feet to a nail in rock in concrete on wall; 2. 2070 26' 234.06 feet along the easterly side of Palani Road to a pipe in concrete; 3. 2320 56' 30" 512.37 feet alonl R. P. 6851, L. C. Fw. 8452, Apana 12 to Keohokalole, Certificate of F undaries No. 45 to a spike in concretd in pahoehoe; 4. 2940 11' 496.20 feet along remainder of L. C. Aw. 8559-B, Apana 11 to William C. Lunalilo Certifi- cate of Boundaries No. 25 to a pipe in concrete; 5. 570 36' 146.60 feet along Grant 2035 to J. L. Waiau to a pipe; 6. 450 56' 507.91 feet along Grant 1861, Apses 2 to Kahiamoe to a "+" on stonewall; 7. 460 25' 30" 297.29 feet following stonewall along Grant 1861, Apana 2 to Kahi.amoe to a spike in concrete; 8. 430 59" 150.97 feet following stonewall along Grant 1861, Apana 2 to Kahiamoe; 9. 1300 50' 110.94 feet crossing Honokohau- Kailua (Old) Government Road and along the south side of Parcel 11, 15.00 feet wide Sewer Easement; 10. 1260 27' 55" 242.09 feet along the south side of Parcel 11, 15.00 feet wide sewer easement to the point of beginning and containing an area of 10.453 acres. All as outlined in red on th, map marked 7.04(g) and made a part hereof. This section small take effect forthwith upon the conditions that (A) the proposed commercial complex comply with the Planned Unit Development provisions of Ordinance No. 63, County of Hawaii; (B) the use of dry wells or other acceptable storm -water runoff disposal system be installed by the developer; (C) a minimum of one fire hydrant be installed by the developer fronting Palani Road; and (D) the developer secure a certification from 8-129 the State Department of Land and Natural Resources, Division of State Parks, that the area has been surveyed for historical sites and artifacts and that those recommended to be preserved shall be preserved. If no survey has been done, the developer shall be responsible for preparing one and having it approved by ..ippropriate government agencies before any building permit for the subject area shall be issued. Should these conditions not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject area to its former designations. Sec. 7.04(h-1) The District Classification of the following area situated at Lanihau let, North Kona, Hawaii, shall be Resort -Hotel (V-.75): Beginning at the east corner of this parcel of land on the northwesterly side of Palani Road, the coordinates of which referred to Government Survey Triangulation Station "KAILUA" (North Meridian) being 400.42 feet south and 852.36 feet west and running by azimuths measured clockwise from true south: Along the northwesterly side of Palani Road, on a curve to the right with a radius of 5709.60 feet, the chord azimuth and distance being: 1. 360 58' 24" 31.89 feet; 2. 370 08' 228.25 feet along the northwesterly side of Palani Road; 3. 580 00' 3.94 feet along the northwesterly side of Palani Road; 4. 600 30' 04" 286.83 feet along remainder of Lot 1 of Land Court Consolidation 91: 8-130 5. 1700 34' 30" 54.28 fent alo,rg L. C. Aw. 8559-B, An. 11 to William C. Lunalilo; 6. 2440 00' 14.00 feet along L. C. Aw. 9971, An. 42 to W. P. Leleiohoku; 7. 1540 50' 30.50 feet along L. C. Aw. 9971, An. 42 to W. P. Leleiohoku; B. 2260 45' 10.00 feet along L. C. Aw. 9971, Ap. 42 to W. P. Leleiohoku; 9. 1530 50' 88.00 feet along L. C. Aw. 9971, Ao. 42 to W. P. Leleiohoku and L. C. Aw. 8559-B, Ap. 11 to William C. Lunalilo; 10. 2390 47' 30" 96.93 feet along L. C. Aw. 8559-B, Ap. 11 to William C. Lunalilo; 11. 1480 57' 30" 53.74 feet along L. C. Aw. 8559-B, Ap. 11 to William C. Lunalilo; 12. 580 52' 30" 29.14 feet along L. C. Aw. 8559-B, Ap. 11 to William C. Lunalilo; 13. 1280 40' 87.00 feet along L. C. Aw. 8559-B, An. 11 to William C. Lunalilo; 14. 1900 45' 89.00 feet along L. C. Aw. 8559-B, An. 11 to William C. Lunalilo; 15. 2370 10' 167.40 feet along L. C. Aw. 8559-B, An. 11 to William C. Lunalilo; 16. 3380 28' 23.00 feet along L. C. Aw. 8559-B, An. 11 to William C. Lunalilo; 17. 2600 18' 73.50 feet along L. C. Aw. 8559-B, Ap. 11 to William C. Lunalilo; 18. 2190 00' 17.54 feet along L. C. Aw. 8559-B, Ap. 11 to William C. Lunalilo; 19. 2550 41' 188.36 feet along L. C. Aw. 8559-B, Ap. 11 to William C. Lunalilo; 20. 3430 06' 50.64 feet along L. C. Aw. 8559-B, Ap. 11 to William C. Lunalilo; 21. 3430 20' 143.44 feet along L. C. Aw. 8559-B, An. 11 to William C. Lunalilo to the point of beginning and containing an area of 3.489 acres. All as outlined in red on the map marked 7.04(h-1) and made a part hereof. 8-131 Sec. 7.04(h-2) The District Classification of the following area situated at Lanihau 1st, North Kona, Hawaii, shall be Resort -Hotel (V-.75): Beginning at the north corner of this parcel of land, being also the northwest corner of Lot 2 of Land Court Consolidation 91, the coordinates of which referred to Government Survey Triangulation Station "KAILUA" (North Meridian) being 356.52 feet South and 1,323.31 feet West and running by azimuths measured clockwise from true South: 1. 100 45' 89.00 feet along Lot 2 of Land Court Consolidation 91; 2. 3080 40' 87.00 feet along Lot 2 of Land Court Consolidation 91; 3. 2380 52' 30" 29.14 feet along Lot 2 of Land Court Consolidation 91; 4. 3280 57' 30" 53.74 feet along Lot 1 of Land Court Consolidation 91; 5. 590 47' 30" 96.93 feet along Lot 1 of Land Court Consolidation 91; 6. 3330 50' 88.00 feet along Lot 1 of Land Court Consolidation 91; 7. 460 45' 10.00 feet along Lot 1 of Land Court Consolidation 91; 8. 3340 50' 30.50 feet along Lot 1 of Land Court Consolidation 91; 9. 640 00' 14.00 feet along Lot 1 of Land Court Consolidation 91; 10. 3500 34' 30" 54.28 feet along Lot 1 of Land Court Consolidation 91; 11. 600 30' 04" 204.53 feet along remainder of L. C. Aw. 8559-B, An. 11 to William C. Lunalilo; 12. 720 27' 336.30 feet along Lot B of Land Court Application 1319; 13. 1090 57' 83.70 feet along Lot B of Land Court Anplication 1319; 14. 1620 27' 269.87 feet along remainder of L. C. Aw. 8859-B, Ap. 11 to William C. Lunalilo; 8-132 15. 242' 31' 673.73 feet along remainder of L. C. Aw. 8559-B, Ap. 11 to William C. Lunalilo to the point of beginning and containing an area of 5.369 acres. All as outlined in red on the map marked 7.04(h-2) and made a part hereof. This section shall take effect forthwith upon the condition that a planned unit development application be processed and approved prior to construction of any new facilities on the property. Sec. 7.04(i) The District Classification of the following area situated at Honuaula and Hienaloli First, North Kona, Hawaii, shall be Multiple Family Residential (RM -2): Beginning at a spike in concrete at the southwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "KAILUA" being 1248.77 feet South and 2024.22 feet East, and thence running by azimuths measured clockwise from true South: 1. 1670 45' 30" 133.81 feet along stone wall, along Lots 99 and 98 of the "Lono- Kona Subdivision," to an old "H" on rock; 2. 2570 30' 160.00 feet along stone wall, along Lots 89 and 88 of the "Lono- Kona Subdivision," to a spike in concrete; 3. 2590 53' 30" 333.15 feet along stone wall, along Lots 88, 76, subdivision road, and Lot 75 of the "Lone - Kona Subdivision," to an old "+" on rock; 4. 3470 27' 430.12 feet along stone wall, along Grant 3100 to S. W. Kuakamaunu at Honuaula, and Government land at Hienaloli 1, to an old "W" on rock; 5. 640 04' 122.19 feet along stone wall, along L. C. Aw. 7716:5 to R. Keelikolani at Hienaloli 2, to a spike in concrete; 8-133 6. 790 54' 30" 113.87 feet along Parcel 12, along remainder of "Laniakea" along remainder of R. P. 1600 and 1930, L. C. Aw. 387 Lo A. B. C. F. M., to a pipe in concrete; 7. 1750 54' 30" 79.05 feet along the easterly face of stone wall, along Lot 2, along remainder of "Laniakea," along remainder of R. P. 1600 and 1930, L. C. Aw. 387 to A. B. C. F. M., to a pipe in concrete; 8. 1690 26' 30" 52.72 feet along the easterly face of stone wall, along Lot 2, along remainder of "Laniakea," along remainder of R. P. 1600 and 1930, L. C. Aw. 387 to A. B. C. F. M., to aspike in concrete; 9. 800 03' 115.22 feet along the northerly face of stone wall, along Lot 2, along remainder of "Laniakea," along remainder of R. P. 1600 and 1930, L. C. Aw. 387 to A. B. C. F. M., to a pipe in concrete; 10. 1660 54' 167.38 feet along the easterly face of stone wall, along Lot 2, along remainder of "Laniakea," along remainder of R. P. 1600 and 1930, L. C. Aw. 387 to A. B. C. F. M., to a pipe in concrete; 11. 880 25' 160.61 feet along Lot 2, along remainder of "Laniakea," along remainder of R. P. 1600 and 1930, L. C. Aw. 387 to A. B. C. F. M., to the point of beginning and containing an area of 3.725 Acres. All as outlined in red on the map marked 7.04(i) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) if no governmental assistance for the low and moderate price market is available, the project shall be developed in three (3) increments. The total number of units shall be 8-134 divided into increments of 27 units, 24 units, and 24 units respectively. Zoning for the second increment shall become effective only after substantial development has occurred on the first increment. Zoning for the third increment shall become effective only after substantial development has occurred on the second increment. In both instances, substantial development is defined as construction commenced on a minimum of 25 per cent of the units within the previous increment; (B) if governmental assistance for the low and moderate price market is available, the project may be developed as a single project with no increments involved; (C) whether governmental assistance is available or not, construction shall conform substantially to that as presented and construction shall commence within one (1) year of the date of approval of the change of zone; (D) the proposed development comply with the goals, policies, and standards for multiple residential developments as outlined in the General Plan document and comply with all other applicable regulations; and (E) the developer be responsible for providing and improving access off of Lamaokaola Street.. Should any of the foregoing conditions not be met, rezoning to a more appropriate designation may be initiated. Sec. 7.04(j) The District Classification of the following area situated at Hienaloli 5th, North Kona, Hawaii, shall be Multiple Family Residential (RM -1.25): Beginning at the west corner of this parcel of land and on the northeast side of Hualalai Road (Kailua to Holualoa), the coordinates of said point be beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN" being 2078.04 feet South and 2121.51 feet East, and running by azimuths measured clockwise from true South: 1. 260' 52' 390.28 feet along R. P. 1930, No. 1 to Asa Thurston, L.C. Award 387, part 4, Section 2 to American Board of Commissioners for Foreign Missions; 8-135 2. 3500 52' 99.80 feet along Lot 377; 3. 268° 20' 56.00 feet along Lot 377; 4. 342° O1' 11.86 feet along Lot 377; 5. 720 O1' 30.67 feet along the northerly side of Hualalai Road (Kailua to Holualoa); 6. 880 20' 369.67 feet along Government Land; 7. 1340 30' 38.74 feet along the northeasterly side of Hualalai Road (Kailua to Holualoa); S. 1380 44' 52.29 feet along the northeasterly side of Hualalai Road (Kailua to Holualoa) to the point of beginning and containing an area of 36,182 square feet. All as outlined in red on the map marked 7.04(j) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the proposed development comply with the goals, policies, and standards for multi -residential developments as outlined in the General Plan document and comply with all other applicable regulations; (B) construction commence within one (1) year of the date of approval of the change of zone; and (C) the price of the units be within the low and moderate price market as determined by appropriate agencies. Should these conditions not be met, rezoning may be initiated of the subject area to a more appropriate designation. Sec. 7.05 Kailua-Honalo Urban Zone Map, as adopted on February 17, 1967, by the County Planning Commission of the County of Hawaii. Sec. 7.05(a) The District Classification of certain areas of land situated at Keauhou 1st and 2nd, North Kona, M5*WI Hawaii, said areas outlined in red on the map marked 7.05(a) and made a part hereof, shall be Multiple Family Residential (RM -2). Sec. 7.05(b) The District Classification of the following area situated at Keauhou 2nd, North Kona, Hawaii, shall be Resort -Hotel Zone (VH -.75): MMRil Beginning at the Southeast corner of this parcelof land, the South corner of Lot A of the Keauhou Beach Section, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Keauhou Coast" being 2045.38 feet North and 486.13 feet East, and running thence by azimuths measured clockwise from true South: 1. 690 33' 30" 398.00 feet along the remainder of R. P. 7844, L. C. Aw. 7715, Ap. 12 to L. Kamehameha; Thence along the coastline for the next two courses, the direct azimuths and distances being 2. 1990 32' - 434.97 feet; 3. 2740 28' 20" 166.45 feet; 4. 3460 34' 30" 265.21 feet along Lot A of the Keauhou Beach Section to the point of beginning and containing an area of 1.87 acres, more or less. All as outlined in red on the map marked 7.05(b) and made a part hereof. Sec. 7.05(c) The District Classification of the following area situated at Waiaha 2nd, North Kona, Hawaii, shall be Single Family Residential (RS -7.5): Beginning at a pipe at the southwest corner of this parcel of land the coordinates of said point of beginning referred to Government Survey Triangulation Station "North Meridian" being 5586.87 feet south and 4312.32 feet east, and running by azimuths measured clockwise from true south: 1. 1620 54' 334.86 feet along the remainder of Grant 5327 to Samuel Liftee to a pipe in the middle of a stonewall; 2. 2560 51' 65.76 feet along the middle of a stonewall to a pipe; 8-138 3. 2540 38' 30" 147.50 feet along the middle of a stonewall to a pipe; 4. 250 05' 39.34 feet along the middle of a stonewall to a pipe; 5. 2540 32' 285.07 feet along the middle of a stonewall to a pipe; 6. 2550 12' 174.88 feet along the middle of a stonewall to pipe; 7. 2540 29' 176.29 feet along the middle of a stonewall to a pipe; 8. 2530 28' 81.34 feet along the middle of a stonewall to a pipe; 9. 2540 18' 108.90 feet along the middle of a stonewall to a pipe; 10. 2510 05' 30" 389.65 feet along the middle of a stonewall to a pipe; 11. 2510 43' 30" 124.57 feet along the middle of a stonewall to a pipe; 12. 2550 03' 404.68 feet along the middle of a stonewall to a pipe; 13. 2550 53' 287.80 feet along the middle of a stonewall to a pipe; 14. 0 254 39' 100.42 feet along the middle of a stonewall to a pipe on the west side of Kailua-Holualoa Government Road; 15. 3230 13' 30" 82.75 feet along the west side of Kailua-Holualoa Government Road to a pipe; 0 16. 327 02' 45.19 feet along the west side of Kailua-Holualoa Government Road to a pipe; 17. 3350 56' 85.78 feet along the west side of Kailua-Holualoa Government Road to a nail; 8-139 0 18. 3310 28' - 65.37 feet along the west side of Kailua-Holualoa Government Road to a nail; 19. 2920 20' 45.00 feet along the south side of Kailua-Holualoa Government Road to a pipe; 20. 2880 46' 139.65 feet along the south side of Kailua-Holualoa Government Road to a pipe; 21. 2960 23' 38.25 feet along the south side of Kailua-Holualoa Government Road to a pipe; 22. 3030 46' 24.48 feet along the south side of Kailua-Holualoa Government Road to a pipe; 23. 3170 25' 30" 32.25 feet along the southwest side of Kailua-Holualoa Government Road to a pipe; 24. 3320 56' 30" 39.50 feet along the west side of Kailua-Holualoa Government Road to a pipe; 25. 3120 '10' 30" 74.74 feet along the southwest side of Kailua-Holualoa Government Road to a pipe; 26. 740 06' 30" 477.81 feet along the middle of a stonewall to a pipe; 27.. 740 39' .596.05 feet along the middle of a stonewall to a pipe; 28. 740 44' 30" 851.33 feet along the middle of a stonewall to a pipe; 29. 750 21' 30" 347.23 feet along the middle of a stonewall to a pipe; 30. 1650 01' 202.28 feet along the remainder of Grant 5327 to Samuel Liftee to a pipe; 31. 720 54' 434.45 feet along the remainder of Grant 5327 to Samuel Liftee to the point of beginning and containing an area of 29.349 acres. As outlined in red on the map marked 7.05(c) and made a part hereof. a Sec. 7.05(d) The District Classification of the following area situated at Holualoa, North Kona, Hawaii, shall be Resort -Hotel (V-1.25): Beginning at a pipe in concrete at the West corner of this parcel of land and on the Northeast side of Alii Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kahelo" being 5164.52 feet South and 3329.73 feet East, and running by azimuths measured clockwise from true South: 1. 244 26' 106.51 feet along a stonewall along Lots 1 and 2, Land Court Application 1747 to a pipe in concrete; 2. 2500 12' 203.62 feet along a stonewall along Lot 2, Land Court Application 1747 and along the remainder of Allotment "L" of the Partition of Holualoa Hui Lands and passing over a pipe in concrete marking the East corner of Lot 2, Land Court Application 1747 at 173.75 feet; 3. 3270 23' 121.61 feet along the remainder of Allotment -'L" of the Partition of Holualoa Hui Lands; 4. 66 0 53' 60.32 feet along the remainder of Allotment "L" of the Partition of Holualoa Hui Lands and along property owned by Alice Joseph to a stonewall intersection and - passing over a "+" cut in rock at stonewall corner at 14.19 feet; 5. 620 25' 30" 225.50 feet along a stonewall along the northwesterly boundaries 8-141 6. 1390 44' 20 of properties owned by Alice Joseph and F. Cushingham to a. point on the Northeast side of Alii Drive; thence along the Northeast side of Alii Drive along a curve to the left having a radius of 980.40 feet, the chord azimuth and distance being: 151.43 feet to the point of beginning and containing an area of 39,787 square feet. All as outlined in red on the map marked 7.05(d) and made a part hereof Sec. 7.05(e) The District Classification of the following area situated at Kahaluu, North Kona, Hawaii, shall be Resort -Hotel (VH -.75): Beginning at the northeast corner of this parcel of land, the southeast corner of Kahaluu Park and on the west side of Alii Drive, the coordinates of said point of beginning referred to Government Survey Triangu- lation Station "Keauhou Coast" being 8985.35 feet north and 118.24 feet east, and running thence by azimuths measured clockwise from true south: 1. 3590 06' 52" 1385.67 feet along the west side_ of Alii Drive; 2. 89 06' 52" 465.45 feet along the remainder of R. P. 6856, L. C. Aw. 7713," Ap. 6 to V. Kamamalu; thence running northerly for the next thirty-five (35) courses, the direct azimuths and distances being: 0 3. 156 04' 30" 100.24 feet; 4. 1300 51' 30" 36.92 feet; 5. 1470 24' 67.27 feet; 6. 1310 22' 178.59 feet; 5-142 7. 1360 33' 30" 64.82 feet; 8. 0 154 59' 136.34 feet; 9. 0 160 13' 30" 95.92 feet; 10. 79 38' - 20.95 feet; 11. 1600 51' 30" 114.23 feet; 12. 1920 40' 30" 69.05 feet; 13. 2740 15' 122.53 feet; 14. 3210 09' 60.67 feet; 15. 2630 08' 156.40 feet; e 16. 143 19' 30" 117.21 feet; 17. 970 09' 30.21 feet; 18. 1930 14' 46.79 feet; 19. 990 08' 138.37 feet; 20. 1850 '42' 102.37 feet; 21. 2520 34' 30" 83.60 feet; 22. 2800 -58' 30" 20.01 feet; 23. 2950 49' 49.08 feet; 24. 1920 35' 80.77 feet; 25. 2480 35' 61.43 feet; 26. 1770 45' 95.44 feet; 27. 890 10' 85.00 feet; 28. 1790 10' 116.31 feet; 29. 130 24' 30.20 feet; 30. 1340 30' 30" 54.31 feet; 31. 1770 40' 30" 73.57 feet; 8-143 32. 2150 22'. 30" 47.21 feet; 33. 0 235 20' 40.16 feet; 34. 2590 47' 82.98 feet; 35. 3310 20' 30" 9.78 feet; 36. 2210 27' 30" 88.27 feet; 37. 2170 55' 30" 108.77 feet; 38. 3010 00' 22" 61.81 feet along Kahaluu Park; 39. 2180 42' 22" 28.00 feet along same to a pipe in concrete marked 60; 40. 2910 35' 22" 102.30 feet along same to a pipe in concrete marked 59; 41. 20 42' 22" 238.00 feet along same to a pipe in concrete marked 58; 42. 2650 44' 52" 106.29 feet along same; 43. 2510 20' 22" 174.13 feet along same to the point of beginning and containing an area of 22.727 acres. All as outlined in red on the map marked 7.05(e) and made a part hereof. Sec. 7.05(f) The District Classification of the following area sitter ted at Kawanui 1st, North Kona, Hawaii, shall be Village Commercial (CV-7.5): Beginning at a spike in concrete at the southeast corner of this parcel of land, the coordinates of which referred to Government.Survey Triangulation Station "PUU OHAU" being 10,499.31 feet north and 8,279.77 feet east, and thence running by azimuths measured clockwise from the true south: 1. 870 38' 172.80 feet along Lot 8, to a. pipe in concrete; _ MUM All as outlined in red on the map marked 7.05(f) and made a part hereof. 8-145 - Thence along the easterly side of Nahenahe Loop on a 30.00 foot radius curve to the right, the chord azimuth and distance being: 2. 1870 43' 10.26" 31.12 feet to a pipe in concrete; Thence along the easterly side of Nahenahe Loop on a 170.00 foot radius curve to the left, the chord azimuth and distance being: 3. 1980 18' 120.00 feet to a pipe in concrete; 4. 1770 38' 71.88 feet along the easterly side of Nahenahe Loop to a pipe in concrete; 5. 2670 38' 125.01 feet along Lot 4, to a pipe in concrete; 6. 3570 38' 214.79 feet along the westerly side of Mamalahoa Highway to the point of beginning and containing an area of 29,819 square feet. All as outlined in red on the map marked 7.05(f) and made a part hereof. 8-145 Sec. 7.05(h) The District Classification of the following area situated at Honuaino 3rd, North Kona, Hawaii, shall be Village Commercial (CV -7.5): Beginning at a point at the northeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUN OHAU" being 6,721.42 feet north and 9,596.48 feet east and thence running by azimuths measured clockwise from true south: Along the westerly side of Mamalahoa Highway on a 5699.65 foot radius curve to the right, the chord azimuth and distance being: 1. 3330 56' 31.5" 244.36 feet; 2. 740 05' 225.83 feet along remainder of Grant 1462 to S. W, Makaike; 3. 720 36' 246.89 feet along same; 4. 1670 53' 115.48 feet along same; 5. 1630 10' 191.15 feet along same; 6. 2520 24' 210.95 feet along the southerly side of a 10.00 foot wide roadway; 7. 3320 00' 149.08 feet along Lot 1 and Lot 2-B (Revised); B. 2420 00' 90.00 feet along Lot 2-B (Revised); 9. 1520 00, 40.12 feet along same; 10. 2420 00' 105.66 feet along same to the ooint of beginning and containing an area of 2.620 acres. All as outlined in red on the map marked 7.05(h) and made a part hereof. Sec. 7.05(i) The District Classification of the following area situated at Kawanui 1st, North Kona, Hawaii, shall be Village Commercial (CV -7.5): Beginning at a point at the northeast corner of this parcel of land, and on the westerly side of Mamalahoa Highway, the coordinates of said ooint of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 10,499.31 feet North and 8,279.77 feet East, and thence running by azimuths measured clockwise from true South: 1. 3540 15' 93.01 feet along the westerly side of Mamalahoa Highway; Thence along the northerly side of Parcel "D" of Saint Paul Road on a 30.00 foot radius curve to the right, the chord azimuth and distance being: 2. 390 13' 15" 42.40 feet; 3. 840 11' 30" 12.84 feet along the northerly side of Saint Paul Road; 4. 1280 58' 172.04 feet along the northerly side of Parcel "C" of Saint Paul Road and the northerly side of Saint Paul Road; Thence along the easterly side of Nahenahe Loop on a 30.00 foot radius curve to right, the chord azimuth and distance being: 5. 1420 43' 10.25" 14.26 feet; 6. 2670 38' 172.80 feet along Lot 7 to the point of beginning and containing an area of 13,569 square feet. All as outlined in red on the map marked 7.05(i) and made a part hereof. Sec. 7.05(j) The District Classification of the following area situated at Kahaluu, North Kona, Hawaii, shall be Single -Family Residential (RS -7.5): Beginning at the Southeast corner of this parcel of land, the North corner of L. C. Aw. 6071 to Hoopale, and on the Southwest side of Alii Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" being 10,260.70 feet North and 153.03 feet West, and running thence by azimuths measured clockwise from true South: 8-147 1. 660 42' 22" 99.61 feet along L. C. Aw. 6071 to Hoonale; Thence along the shoreline for the next six (6) courses, the direct azimuths and distances being: 2. 1400 07' 30" 121.06 feet; 3. 1660 22' 22" 80.73 feet; 4. 1510 07' 22" 60.15 feet; 5. 1540 33' 22" 115.46 feet; 6. 1370 44' 22" 121.46 feet; 7. 1510 01' 52" 110.22 feet; 8. 2440 40' 22" 97.00 feet along Lot 23-A, Kahaluu Beach Lots; 9. 3340 40' 22" 125.00 feet along the Southwest side of Alii Drive; Thence along same on a curve to the left with a radius of 1457.70 feet, the chord azimuth and distance being: 10. 3280 45' 07" 300.74 feet; 11. 3220 49' 52" 34.19 feet along the Southwest side of Alii Drive; 12. 740 35' 22" 70.63 feet along R. P. 3976, L. C. Aw. 5672, Ap. 1 to Kahalelahaole; 13. 3270 42' 22" 42.50 feet along same; 14. 2540 21' 22" 74.54 feet along same; 15. 3220 49' 52" 104.42 feet along the Southwest side of Alii Drive to the point of beginning and containing an area of 1.27 acres. All as outlined in red on the map marked 7.05(j) and made a part hereof. MM SFc. 7.05(k) The District Classification of the following area situated at Honuaino 3rd, North Kona, Hawaii, shall be Village Commercial (CV -10): Beginning at a pipe at the east corn,r of this parcel, at the northeast corner of a portion of Grant 761 to John Cavanah and on the westerly side of the present 60 feet wide Government Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 HAU" being 6144.68 feet north and 9847.09 feet east and running by azimuths measured clockwise from true south: 1. 820 10' 239.24 feet along stone wall, portion of Grant 761 to John Cavanah; 2. 750 44' 314.20 feet along same; 3. 168° 09' 137.38 feet along stone wall, portion of Grant 1462 to S. W. Makaike; 4. 2520 54' 263.37 feet along 15 feet roadway; 5. 2540 30' 258.71 feet along same; Thence along a 5699.65 feet radius curve to the right, the direct chord azimuth and distance being: 6. 3380 06' 36" 184.28 feet to the point of beginning and containing an area of 1.897 acres. All as outlined in red on the map marked 7.05(k) and made a part hereof. Sec. 7.05(1-1) The District Classification of the following area situated at Keauhou 1st, North Kona, Hawaii, shall be Open (0): Beginning at the southeast corner of this parcel of land at the edge of vegetation at the shoreline, the coor- dinates of which referred to Government Survey Triangulation Station "KEAUHOU COAST" being 3,931.07 feet north and 522.15 feet east, and running thence by azimuths measured clockwise from true south: Now 8-150 Along the edge of vegetation at the shoreline, the direct azimuth and distance being: 1. 840 26' 00" 66.30 feet; 2. 1770 10' 00" 45.00 feet along the remainder of Area 7; 3. 2340 40' 00" 96.07 feet along same; 4. 60 lo' 00" 94.62 feet along same to the point of beginning and containing an area of 0.112 acre. All as outlined in red on the map marked 7.05(1-1) and made a part hereof. Sec. 7.05(1-2) The District Classification of the following area situated at Keauhou 1st, North Kona, Hawaii, shall be Multiple Family Residential (RM -.75): Beginning at the most northerly corner of this parcel of land and on the west boundary of lot 9 of Keauhou Subdivision Area 5, the coordinates of which referred to Government Survey Triangulation Station "KEAUHOU COAST" being 4,220.98 feet north and 640.38 feet east, and running thence by azimuths measured clockwise from true south: 1. 9° 44' 00" 137.71 feet along Lot 9 of Keauhou Subdivision Area 5 and along the remainder of Area 7; 2. 540 40' 00" 103.93 feet along the remainder of Area 7; 3. 1860 10' 00" 100.78 feet along same; Thence on a curve to the right along same with a radius of 80.00 feet, the chard azimuth and distance being: 4. 2120 30' 00° 70.97 feet; 5. 2380 50' 00" 69.10 feet along the remainder of Area 7 to the point of beginning and containing an area of 0.250 acre. All as outlined in red on the map marked 7.05(1-2) and made a part hereof. 8-150 Sec. 7.05(1-3) The District Classification of the following area situated at Keauhou 1st, North Kona, Hawaii, shall be Single Family Residential (RS -10): Beginning at the most southerly corner of this parcel of land and on the west boundary of Lot 9 of Keauhou Subdivision Area 5, the coordinates of which referred to Government Survey Triangulation Station "KEAUHOU COAST" being 4,220.98 feet north and 640.38 feet east, and running thence by azimuths measured clockwise from true south: 1. 1890 44' 00" 25.84 feet along area 7; 2. 1730 30' 00" 50.00 feet along same; 3. 2630 30' 00" 25.32 feet along same; Thence on a curve to the right along same with a radius of 285.00 feet, the chord azimuth and distance being: 4. 2640 12' 17.5" 7.01 feet; 5. 1890 44' 00" 199.85 feet along Area 7; 6. 2970 00' 00" 168.00 feet along the remainder of R. P. 4475, L. C. Aw. 7713, An. 7 to V. Kamamalu; 7. 2860 20' 00" 81.00 feet along same; 8. 580 50' 00" 341.30 feet along the remainders of Lots 6, 7, 9 and Manukai Street (proposed street name) to the point of beginning and containing an area of 0.749 acre. All as outlined in red on the map marked 7.05(1-3) and made a part hereof. Sec. 7.05(1-4) The District Classification of the following area situated at Keauhou 1st, North Kona, Hawaii, shall be Open (0): Beginning at the southwest corner of this parcel of land at the edge of vegetation at the shoreline, the coordinates of which referred to Government Survey 8-151 Triangulation Station "KEAUHOU COAST" being 3,931.07 feet north and 522.15 feet east, and running thence by azimuths measured clockwise from true south: 1. 1860 10' 00" 94.62 feet along the remainder of Area 7; 2. 2340 40' 00" 103.93 feet along same; 3. 1890 44' 00" 50.00 feet along same; 4. 2790 44' 00" 174.00 feet along Lots 9 and 10 of Keauhou Subdivision Area 5; 5. 1890 44' 00" 120.00 feet along Lot 10 of Keauhou Subdivision Area 5; Thence along same on a curve to the left with a radius of 10.00 feet, the chord azimuth and distance being: 6. 1440 44' 00" 14.14 feet; 7. 2790 44' 00" 36.00 feet along the southerly side of Manukai Street (proposed street name); Thence along Lot ll of Keauhou Subdivision Area 5 on a curve to the left with a radius of 10.00 feet, the chord azimuth and distance being: 8. 540 44' 00" 14.14 feet; 9. 90 44' 00" 120.00 feet along Lot 11 of Keauhou Subdivision Area 5; 10. 2790 44' 00" 30.00 feet along same; 11. 90 44' 00" 80.00 feet along Lot 13 of Keauhou Subdivision Area 5; 12. 3400 16' 20" 165.34 feet along Lot 15 of Keauhou Subdivision Area 5; 13. 440 091 00" 61.75 feet along Lot 17 of Keauhou Subdivision Area 5; 14. 670 27' 00" 76.70 feet along the remainder of R. P. 4475, L. C. Aw. 7713, An. 7 to V. Kamamalu and along L. C. Aw. 9764, Ap. 1 to Koomoa; 8-152 15. 510 38' 00" 75.70 feet along R. P. 6567, L. C. Aw. 9693, Ap. 1 to Nahoa; Thence along the scarp line at the shoreline, the direct azimuth and distance being: 16. 1800 26' 30" 16.84 feet; 17. 2240 59' 30" 89.80 feet along L. C. Aw. 9697, Ap. 1 to Nauki; 18. 1540 34' 30" 50.80 feet along same; 19. 490 38' 00" 62.00 feet along same; Thence along the scarp line and edge of vegetation at the shoreline, the direct azimuth and distance being: 20. 1190 13' 20" 210.72 feet to the point of beginning and containing an area of 1.790 acres. All as outlined in red on the man marked 7.05(1-4) and made a part hereof. Sec. 7.05(m) The District Classification of the following area situated at Kahaluu and Keauhou 1st, North Kona, Hawaii, shall be Multiple Family Residential (RM -3.0): Beginning at the northeast corner of this parcel of land, the southeast corner of Area 13-B, and on the west side of Alii Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" being 7599.84 feet North and 139.66 feet East, and running thence by azimuths measured clockwise from true South: 1. 3590 06' 52" 74.14 feet along the west side of Alii Drive; Thence on a curve to the left with a radius of 1935.10 feet along same, the chord azimuth and distance being: 2. 3500 21' 07" 589.58 feet; 3. 3410 35' 22" 17.13 feet along the west side of Alii Drive; 8-153 e 4. 710 35' 22" 7.50 feet along a jog on the west side of Alii Drive; Thence on a curve to the left with a radius of 435.00 feet along the west side of Alii Drive, the chord azimuth and distance being: 5. 3320 21' 33.5" 139.55 feet; 6. 360 13' 30" 967.06 feet along the remainder of R. P. 4475, L. C. Aw. 7713, An. 7 to V. Kamamalu, passing over a pipe at 890.32 feet; Thence along rocky ledge along shoreline for the next forty (40) courses, the direct azimuths and distances being: 7. 1800 07' 55" 63.52 feet; 8. 1440 44' 50" 72.84 feet; 9. 222' 56' 30" 25.19 feet; 10. 1390 36' 45" 20.05 feet; 11. 1970 11' 25" 84.15 feet; 12. 1350 45' 20" 57.90 feet; 13. 2660 23' 40" 79.65 feet; 14. 1200 13' 30" 59.83 feet; 15. 1570 34' 10" 65.99 feet; 16. 2370 23' 55" 134.40 feet; 17. 1910 46' 50" 39.87 feet; 18. 1310 42' 20" 36.66 feet; 19. 1680 27' 00" 58.84 feet; 20. 680 13' 00" 29.88 feet; 21. 1350 06' 40" 29.44 feet; 22. 2150 20' 40" 74.19 feet; 23. 1010 26' 30" 56.30 feet; 24. 1350 58' 30" 53.24 feet; 8-154 25. 1980 47' 50" 92.24 feet; 26. 1240 29' 30" 38.42 feet; 27. 1730 21' 40" 65.47 feet; 28. 119° 13' 10" 27.61 feet; 29. 2270 00' 00" 42.11 feet; 30. 2040 15' 20" 23.76 feet; 31. 710 30' 00" 68.83 feet; 32. 1760 47' 20" 38.92 feet; 33. 2600 30' 40" 63.87 feet; 34. 1580 51' 50" 60.84 feet; 35. 1880 57' 00" 27.32 feet; 36. 1220 02' 20" 31.75 feet; 37. 790 32' 10" 43.18 feet; 38. 1810 31' 25" 12.03 feet; 39. 2500 45' 30" 51.19 feet; 40. 161° 13' 00" 131.55 feet; 41. 1240 55' 00" 21.52 feet; 42. 1720 261 00" 96.23 feet; 43. 2130 41' 29" 132.34 feet; 44. 2290 43' 05" 79.00 feet; 45. 202° 42' 00" 37.08 feet; 46. 1560 04' 30" 74.22 feet; 47. 269° 06' 52" 465.45 feet along Area 13-B to the point of beginning and con- taining an area of 15.503 acres. All as outlined in red on the map marked 7.05(m) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the development occur in four increments each consisting 8-155 of fifty (50) units. Zoning for subsequent increments shall become effective only after substantial development has occurred on the previous increment. Substantial development is defined as building permits issued and construction of permanent structures commenced on thirty-three (33) per cent of the units within the previous increment. This would assure the construction of a minimum of twenty-five (25) per cent or fifty (50) units of the total two hundred (200) units proposed; (B) construction conform substantially to that as submitted and that construction begin within one (1) year of the date of approval of the change of zone; (C) all important archaeological features be preserved as outlined in Bishop Museum Report No. 73-1; and (D) the development comply with the standards for multiple-residential development as outlined and contained in the General Plan document and with all other applicable regulations. Should these conditions not be met, rezoning of the property to a more appropriate designation may be initiated. Sec. 7.05(n) The District Classification of the following area situated at Keauhou 2nd, North Kona, Hawaii, shall be Village Commercial (CV-10): Beginning at a pipe on the southeast corner of this parcel of land, on the westerly side of Kaleopapa Road, the coordinates of which, referred to Government Survey Triangulation Station "KEAUHOU COAST" being 1970.49 feet north and 1558.61 feet east and running by azimuths measured clockwise from true south: 1. 580 00' 554.88 feet along remainder of L. C. Award 7712, Ap. 12 to Lot Kamehameha to a pipe; 2. 1530 30' 508.76 feet along remainder of L. C. Award 7712, Ap. 12 to Lot Kamehameha to a pipe; 3. 2490 33' 30" 83.55 feet along the south side of Ehukai Street to a pipe in Concrete; Thence along the south side of Ehukai Street on a curve to the right with a radius of 475.00 feet the chord azimuth and distance being: 8-156A 4. 2580 47' 30" 152.43 feet to a pipe in concrete; 5. 2680 01' 30" 303.69 feet along the south side of Ehukai Street to a pipe in concrete; Thence along the south side of Ehukai Street on a curve to the right with a radius of 30.00 feet the chord azimuth and distance being: 6. 3050 52' 38" 36.82 feet to a pipe in concrete; Thence along the west side of Kaleopapa Road on a curve to the left with a radius of 430.00 feet the chord azimuth and distance being: 7. 3260 51' 38" 249.56 feet to the point of beginning and containing an area of 4.949 acres. All as outlined in red on the map marked 7.05(n) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the applicant withdraw subdivision approval granted on September 24, 1969, involving a residential subdivision; (B) construction of the proposed facility, the convention hall, begin within one (1) year of the date of approval of the change of zone; and (C) all other applicable regulations be complied with. Should these conditions not be met, action shall be taken to rezone the subject property to a more appropriate designation. Sec. 7.06 North and South Kohala Districts Zone Map, marked thereupon as Sec. 7.06. 8-156B Sec. 7.06(a) The District Classification of the following area situated at Kawaihae 2nd, South Kohala, Hawaii, shall be Multiple Family Residential: Beginning at the south corner of this parcel of land, the coordinates of said point. of beginning referred to Government Survey Triangulation Station "Puu Pa" being 11,640.57 feet north and 35,829.84 feet west and running by azimuths measured clockwise from true south: 1. 121 46' 605.00 feet along the north side of the Open zoned parcel; 2. 1180 18' 34.5" 104.96 feet along the north side of the Open zoned parcel; 3. 2010 14' 30" 8.71 feet along the east side of Tank No. 5 site of the State of Hawaii; 0 4. 111 14' 30" 100.00 feet along the north side of Tank No. 5 site of the ' State of Hawaii; Thence along the remainder of R.P. 1666, L. C. Award 8515, Apana 1 to Keoni Ana for the next eleven (11) courses, the direct azimuths and distances being.: 5. 131 57' 10" 149.69 feet; 6. 1100 30' 510.00 feet; 7. 900 00' 262.00 feet; 8. 1800 00' 272.00 feet; 9. 2700 00' 223.00 feet; 10. 2200 30' 495.00 feet; 11. 2700 00' 390.00 feet; 12. 0 230 46' 400.00 feet; 13. 3200 46' 380.00 feet; 8-157 14. 3440 16' 1000.00 feet; 15. 310 46' 395.00'feet to the point of beginning and containing an area of 32.74 acres more or less. All as outlined in red on the map marked 7.06(a) and made a part hereof. Sec. 7.06(b) The District Classification of the following area situated at Kawaihae 2nd, South Kohala, Hawaii, shall be open: Beginning at the south corner of this parcel of land and being also the north side of Kawaihae Road, the ' coordinates of said point of beginning referred to Government Survey Triangulation Station "Puu Pa" being 11,598.06 feet north and 35,856.16 feet west and running by azimuths measured clockwise from true south: 1. 1210 46' 605.00 feet along the north side of Kawaihae Road; Thence along the north side of Kawaihae Road along a curve to the left with a radius of 794.00 feet, the chord azimuth and distance being: 2. 1160 18' 34.5" 95.76 feet; 3. 2010 14' 30" 50.29 feet along the east side of Tank No. 5 site of the State of Hawaii; 4. 2980 18' 34.5" 104.96 feet along the south side of the Multiple Family Residential Zoned parcel; 5. 3010 46' 605.00 feet along the south side of the Multiple Family Residential zoned parcel to the point of beginning and containing an area of 0.81 acre more or less. All as outlined in red on the map marked 7.06(b) and made a part hereof. Sec. 7.06(c) The District Classification of the following area situated at Pueke, North Kohala, Hawaii, shall be Single Family Residential (RS -15): Commencing at the southeast corner of this parcel of land, which is also the southwest corner of Lot 21 and the northerly boundary of the Mahukona-Niulii Government Road, the coordinates referred to Government Survey Triangulation Station "Kauhola" being 6956.61 feet South and 2883.64 feet West and running by true azimuths measured clockwise from true South: 0 1. 102 47' 30" 150.00 feet along the southerly boundary of the proposed lot and the northerly boundary of the Mahukona- Niulii Government Road; 2. 1920 47' 30" 363.00 feet along the westerly boundary of the proposed lot; 3. 2820 47' 30" 150.00 feet along the northerly boundary of the proposed lot to a point on the westerly boundary of Lot 21; 4. 120 47' 30" 363.00 feet along the easterly boundary of the proposed lot and westerly boundary of. Lot 21 to the point of beginning and containing an area of 1.25 acres. All as outlined in red on the map marked 7.06(c) and made a part hereof. Sec. 7.06(d) The District Classification of the following area situated at Kahei Homesteads, North Kohala, Hawaii, shall be Agricultural (A -la): Beginning at the southeast corner of this parcel of land, on the west side of a Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU ONALE" being 3,402.13 feet south and 1,471.83 feet west and running by azimuths measured clockwise from true south: 1. 1060 43' 244.0 feet; 8-159 2. 1710 43' 168.0 feet; 3. 1860 56' 208.0 feet; 4. 2790 38' 418.5 feet to the west side of the Homestead Road; 5. 41 27' 28.9 feet along west side of the Homestead Road; 6. 220 15' 94.6 feet along west side of the Homestead Road; 7. 250 25' 290.5 feet along west side of the Homestead Road to the point of beginning and containing - an area of 3.00 acres. All as outlined in red on the map marked 7.06(d) and made a part hereof. Sec. 7.06(d-1) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Single Family Residential (RS-10): Beginning at the most easterly corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 23,266.199 feet North and 1,557,465 feet East - and running by azimuths measured clockwise from true South: 1. 18 03' 09" 13,720.53 feet; 2. 1080 03 09" 592.90 feet; 3. 970 38' 20" 80.00 feet; 4. 1870 38' 20" 111.86 feet to the beginning of a curve to the left having a radius of 460.00 feet the delta and length being; 0 5. 28 59' 43" 232.79 feet; 0 6. 158 38' 37" 302.63 feet to the beginning of a curve to the right having a radius of 1575.00 feet the delta and length being; �9 8-161 0 7. 12 08' 03" 333.56 feet; B. 70 46' 40" 274.55 feet; 9. 1220 52' 52" 353.66 feet; 10. 1490 39' 46" 615.70 feet; 11. 940 30' 00" 216.67 feet; 12. 410 46' 14" 589_96 feet; 13. 320 47' 33" 300.96 feet; 0 14. 100 16' 38" 184.97 feet; 0 15. 134 11' 55" 202.25 feet; 16. 1590 54' 32" 317.31 feet; 17. 910 25' 41" 361.11 feet; 18. 14 05' 21" 525.82 feet; 19. 3330 18' 29" 605.53 feet; 20. 750 55' 49" 386.61 feet to a point in a curve to the right having a radius of 355.00 feet a radial line to said point bears 3250 54' 26" the delta and length being; 21. 820 25' 15" 510.67 feet; 22. 1380 19' 40" 55.22 feet to the beginning of a curve to the left having a radius of 620.00 feet the delta and length being; 23. 90 30' 10" 102.83 feet to the beginning of a curve to the left having a radius of 20.00 feet the delta and length being; 24. 940 18' 04" 32.92 feet; 8-161 25. 340 31' 26" 26. 80 58' 46" 27. 650 08' 49" 28. 1390 54' 26" 29. 240 51' 33" 30. 80 46' 40" 31. 3170 08' 27" 32. 620 29' 42" 33. 730 51' 29" 34. 460 21' 11" 35. 3280 41' 06" 36. 2660 33' 59" 37. 3400 20' 46" 38. 3200 24' 37" 39. 3380 54' 51" 40. 780 03' 59" 117.07 feet to the beginning of a curve to the left having a radius of 275.00 feet the delta and length being; 43.10 feet to the beginning of a curve to the left having a radius of 45.00 feet the delta and length being; 51.17 feet to the beginning of a curve to the left having a radius of 45.00 feet the delta and length being; 109.88 feet; 285.45 feet; 275.22 feet; 302.85 feet; 174.81 feet to the beginning of a - curve to the right having a radius of 325.00 feet a radial to said point bears 2420 29' 42" the delta and length being; 418.95 feet; 89.83 feet; 307.85 feet; 300.54 feet; 148.66 feet; 577.45 feet; 531.52 feet; 285.78 feet to a curve to the left having a radius of 1000.00 feet the delta and length being; 8-162 41. 17° 41' 43" 308.84 feet; 42. 60 22' 16" 263.82 feet; 43. 1500 22' 16" 720.00 feet; 44. 108° 57' .26" 1,125-.80 feet; 45. 550 03' 59" 182.76 feet; 46. 1380 55' 36" 1,637.94 feet; 47. 225° 18' 53" 501.63 feet to a curve to the left having a radius of 2,150.00 feet the delta and length being; 0 48. 15 30' 15" 581.79 feet to a curve to the left having a radius of 4,650.00 feet the delta and length being; 49. 39° 40' 26" 3,219.85 feet; 50. 0 170 08' 12" 638.91 feet to a curve to the right having a radius of 3,550.00 • feet the delta and length being; 0 51. 27 38' 51" 1,713.01 feet to a curve to the left having a radius of 9500.00 feet the delta and length being; 52. 80 15' 33" 1,369.43 feet to a curve to the left having a radius of 5700.00 feet the delta and length being; 53. 0 21 13' 17" 2,111.19 feet to a curve to the right having a radius of 3800.00 feet the delta and length being; 54. 23° 41' 54" 1,571.73 feet; 55. 192° 00' 07" 3,889.48 feet to a curve to the right having a radius of 7050.00 feet the delta and length being; 56. 11 46' 33" 1,448.96 feet; 8-163 57. 2900 07' 23" 3,947.78 feet to a curve to the left having a radius of 3350.00 feet the delta and length being; 58. 240 49' 17" 1,451.28 feet; 59. 2650 18' 06" 2,101.91 feet; 60. 3580 20' 00" 347.12 feet to the point of beginning and containing an area of 2,384.20 acres. All as shown on the map marked 7.06(d-1) and made a part hereof. Sec. 7.06(d-2) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the most easterly corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 9,639.006 North and 3,681.123 West and running by azimuths measured counter clockwise from true South: 1. 0 131 34' 46" 709.69 feet; 2. 880 29' 05" 378.13 feet; 3. 40 03' 24" 141.35 feet; 4. 920 18' 49" 198.16 feet; 5. 129 58' 54" 282.62 feet to the beginning of a curve to the right having a radius of 515.00 feet a radial line to said beginning bears 840 43' 42" the delta and length being; 6. 290 28' 34" 264.94 feet; 7. 2040 12' 16" 30.00 feet; 8. 2470 00' 35" 774.69 feet; 9. 2130 34' 31" 553.32 feet, 8-164 10. 1150 54' 26" 1,205.40 £eet7 11. 320 47' 33" 90.00 feet; 12. 1000 16' 38" 184.97 feet; 13. 1340 11' 55" 202.25 feet; 14. 3480 24' 48" 527.76 feet; 15. 3370 13' 23" 588.93 feet; 16. 0 356 33' 02" 374.95 feet; 17. 2890 35' 36" 30.00 feet to the beginning of a curve to the left having a radius of 545.00 feet a radial line to said beginning bears 1090 35' 36" to delta and length being; 18. 370 52' 55" 360.33 feet; 19. 3410 42' 41" 50.00 feet; 20. 710 42' 41" 30.00 feet; 21. 3410 42' 41" 991.06 feet; 22. 2440 26' 34" 813.61 feet; 23. 2350 35' 56" 357.53 feet; 24. 1900 26' 39" 60.00 feet to the point of beginning and containing an area of 44.76 acres. All as shown on the map marked 7.06(d-2) and made a part hereof. Sec. 7.06(d-3; The District Classification of the following area situated at Waikoloa, South Kchala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the most easterly corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 7,659.891 North and 3,529.153 West and running by azimuths measured counter clockwise from true South: 8-165 1. 1250 17' 52" 308.02 feet to the beginning of a curve to the right having a radius of 400.00 feet a radial to said beginning bears 3050 17' 52" the delta and length being; 2. 280 08' 14" 196.43 feet; 3. 630 26' 06" 239.26 feet to the beginning of a curve to the right having a radius of 400.00 feet the delta and length being; 4. 360 41' 28" 256.15 feet; 5. 1000 07' 34" 400.66 feet to the beginning of a curve to the right having a radius of 300.00 feet the delta and length being; 6. 430 56' 02" 230.04 feet; 7. 1440 03' 36" 104.43 feet to the beginning of a curve to the left having a radius of 500.00 feet the delta and length being; 8. 280 21' 30" 247.47 feet; 9. 1150 142' 06" 204.67 feet to the beginning of a curve to the right having a radius of 450.00 feet the _ delta and length being;. 10. 520 21' 53" 411.27 feet; 11. 1680 03' 59" 158.00 feet; 12. 780 03' 59" 606.12 feet to the beginning of a curve to the left having a radius of 1000.00 feet the delta and length being; 13. 170 41' 43" 308.84 feet; 14. 60 22' 16" 263.82 feet; 15. 1500 22' 16" 720.00 feet; 16. 0 108 -57' 26" 1,125.80 feet; 17. 550 03' 59" 182,76 feet; 18. 3180 55' 36" 490.00 feet to the beginning of a curve to the left having a radius of 4400.00 feet the delta and length being; 19. 21 23' 14" 1,642.42 feet; 20. 2970 32' 22" 1,925.65 feet to the beginning of a curve to the right having a radius of 2900.00 feet the delta and length being; 21. 250 33' 25". 1,293.56 feet; 22. 1980 03' 09" 1,770.00 feet to the point of beginning and containing an area of 100.95 acres. All as shown on the map marked 7.06(d-3) and made a part hereof. Sec. 7.06(d-4) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be. Multiple Family Residential (RM -3.0): Beginning at the most easterly corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 8,687.648 North and 5,061.198 West and running by azimuths measured counter clockwise from true South: 1. 168 03' 59" 60.00 feet; 2. 1250 21' 34" 801.18 feet; 3. 990 15' 38" 186.43 feet; 4. 940 22' 55" 261.77 feet; . 5. 1440 27' 44" 215.06 feet; 6. 0 187 29' 52" 156.34 feet; 8-167 0 7. 85 33' 59" 334.00 feet; 8. 3400 20' 46" 148.66 feet; 9. 3200 24' 37" 577.45 feet; 10. 3380 54'• 51" 531-.52 feet; 11. 2580 03' 59" 960.34 feet to the point of beginning and containing an area of 14.94 acres. All as shown on the map marked 7.06(d-4) and made a part hereof. Sec. 7.06(d-5) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM -3.0): Beginning at the most easterly corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 10,445.000 North and 6,127.000 West and running by azimuths measured counter clockwise from true South: 1. 990 22' 24" 423.66 feet; 2. 1580 07' 39" 448.27 feet; 3. 2470 39' 28" 537.76 feet to the beginning of a curve to the right having a radius of 355.00 feet a radial to said beginning bears 3460 04' 54" the delta and length being; 4. 620 14' 46" 385.67 feet; 5. 0 138 19' 40" 55.22 feet to the beginning of a curve to the left having a radius of 620.00 feet the delta and length being; 6. 0 9 30' 10" 102.83 feet to the beginning of a curve to the left having a radius of 20.00 feet the delta and length being; 7. 940 18' 04" 32.92 feet; 8. 340 31' 26" 117.07 feet to the beginning of a curve to the left having a radius of 275.00 feet the delta and length being; 9. 80 58' 46" 43.10 feet to the beginning of a curve to the left having a radius of 45.00 feet the delta and length being; 10. 650 08' 49" 51.17 feet to the beginning of a curve to the right having a radius of 45.00 feet the delta and length being; 11. 1390 54' 26" 109.88 feet; 12. 240 51' 33" 285.45 feet; 13. 8 46' 40" 275.22 feet; 14. 3170 06' 27" 302.85 feet; 15. 620 29' 42" 174.81 feet to the beginning of a curve to the right having a radius of 325.00 feet a radial to said point bears 2420 29' 42" the delta and length being; 16. 730 51' 29" 418.95 feet; 17. 460 21' 11" - 89.83 feet; 18. 3280 41' 06" 30.00 feet; 19. 2400 13' 51" 814.96 feet; 20. 221 14' 04" 333.77 feet to the point of beginning and containing an area of 12.93 acres. All as shown, on the map marked 7.06(d-5) and made a part hereof. Sec. 7.06(d-6) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii,' shall be Multiple Family Residential (RM -3.0): Beginning at the most easterly corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 10,046.667 North and 3,288.706 West and running by azimuths measured clockwise from true South: 1. 1140 36' 21" 152.11 feet; 2. 154 54' 06" 594.09 feet; 0 3. 182 04' 53" 798.53 feet; 4. 2400 52' 44" 92.08 feet; 5. 3500 46' 40" 134.55 feet to the beginning of a curve to the left having a radius of 1575.00 feet the delta and length being; 0 6. 12 08' 03" 333.56 feet; 7. 0 338 38' 37" 302.63 feet to .the beginning of a curve to the right having a radius of 460.00 feet the delta and length being; 8. 280 59' 43" 232.79 feet; 9. 70 38' 20" 161.77 feet to the beginning of a curve to the left having a radius of 540.00 feet the delta and length being; o 10. 34 55' 29" 329.16 feet to the point of beginning and containing an area of 6.68 acres. All as shown on the map marked 7.06(d-6) and made a part hereof. Sec. 7.06(d-7) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM -3.0): Beginning at the southeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 9,005.658 North and 3,151.651 West and running by azimuths measured counter clockwise from true South: 8-170 1. 2010 23' 42" 367.31 feet to the beginning of a curve to the left having a radius of 460.00 feet the delta and length being; 2. 650 44' 28" 527.80 feet; 3. 1350 39' 14" 93.54 feet; 4. 450 39' 14" 70.00 feet to the beginning of a curve to the right having a radius of 300.00 feet the delta and length being; 5. 130 45' 25" 72.03 feet; 6. 3290 24' 39" 30.00 feet; 7. 3560 21' 52" 113.65 feet; 8. 410 59' 32" 813.69 feet; 9. 3410 43' 14" 60.00 feet to the beginning of a curve to the right having a radius of 1000.00 feet a radial line to said beginning bears 1610 43' 14" the delta and length being; 10. 370 22' 56" 652.44 feet to the point of beginning and containing an area of 8.35 acres. All as shown on the map marked 7.06(d-7) and made a part hereof. Sec. 7.06(d-8) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Agricultural (A -20a): Beginning at a pipe in concrete marked "W-9" at the Northeast corner of this parcel of land, on the northwesterly side of the proposed Federal Aid Highway, the coordinates of which referred to Government Survey Triangulation Station "PUN HINAI" being 9,376.00 feet North and 28,411.18 feet East, and running by azimuths measured clockwise from true South: 8-171 1. 2930 49' 10" 1,153.05 feet along remainder of L. C. Aw. 8521-B Apana 1 to G. D. Hueu to the westerly line of Hawaii Belt Road (F.A.P. F-10(6)); thence along said westerly line; 2. 270 26' 30" 676.85 feet; 3. 270 10' 00" 647.71 feet; 4. 240 01' 30" 82.27 feet to the beginning of a tangent curve concave to the West having a radius of 1035.00 feet; thence southerly along said curve through a central angle of 5. 70 27' 00" 134.58 feet; 6. 310 28' 30" 703.18 feet; 7. 29 12' 00" 991.06 feet to the beginning of a tangent curve concave to the northwest having a radius of 385.00 feet; thence southwesterly along said curve through a central angle of 8. 210 43' 33" 145.98 feet; 9. 500 55' 30" 545.29 feet; 10. 500 09' 30" 570.98 feet; 11. 480 05' 00" 522.25 feet; 12. 48 16' 00" 458.48 feet to the beginning of a tangent curve concave to the southeast having a radius of 275.00 feet; thence south- westerly along said curve through a central angle of 13. 250 54' 00" 124.32 feet; 14. 220 22' 00" 131.90 feet; 8-172 15. 26 21' 00" 338.53 feet; 16. 290 34' 00" 441.63 feet; 17. 220 58' 00" 637.59 feet; 18. 280 56' 00" 478.55 feet; 19. 320 02' 00" 314.31 feet to the beginning of a tangent curve concave to the southeast having a radius of 815.00 feet; thence southwesterly along said curve through a central angle of 20. 210 43' 00" 308.91 feet; 21. 10 19' 00" 504.70 feet to the beginning of a tangent curve concave to the East having a radius of 155.00 feet; thence southerly along said curve through a central angle of 22. 27 17' 00" 73.81 feet; 23. 3430 02' 00" 108.26 feet; 24. 3460 16' 00" 124.91 feet; 25. 3530 36' 00" 125.85 feet; 26. 080 51' 00" 250.28 feet; 27. 10 06' 30" 236.75 feet; 28. 120 14' 30" 237.02 feet;. 29. 110 35' 30" 276.96 feet to the beginning of a tangent curve concave to the northwest having a radius of 485.00 feet; thence south- westerly along said curve through a central angle of 30. 130 38' 30" 115.47 feet; 31. 250 14' 00" 85.00 feet to the beginning of a tangent curve concave to the northwest having a radius of 185.00 feet; thence southwesterly along said curve through a central angle of 8-173 U 32. 290 -38' 00" 95.68 feet; 33. 540 52' 00" 495.43 feet; 34. 230 16' 25" 473.66 feet; 35. 1130 16' 25" 5.00 feet; 36. 230 16' 25" 818.69 feet to the beginning of a tangent curve concave to the northwest having a radius of 11,419.16 feet; thence southerly along said curve - through a central angle of 37. 0 01 39' 23" 330.12 feet; 38. 1140 55' 48" 10.00 feet to a point in a non -tangent curve concave to the northwest having a radius of 11,409.16 feet a radial line to said point bears 2940 55' 48"; thence southwesterly along said curve through a central angle of 39. 050 49' 38" 1,160.35 feet; 40. 300 45' 26" 684.58 feet; 41. 3000 45' 26" 10.00 feet; 42. 300 45' 26" 300.00 feet; 43. 3000 45' 26" 5.00 feet; 44. 300 45' 26" 6,902.89 feet; 45. 1200 45' 26" 15.00 feet; 46. 300 45' 26" 150.00 feet; 47. 300 45' 26" 15.00 feet; 48. 30 45' 26" 1,032.09 feet; 49. 0 120 45' 26" 100.00 feet; 50. 300 45' 26" 100.00 feet; 8-174 51. 3000 45' 26" 100.00 feet; 52. 300 45' 26" 10,181.15 feet to the beginning of a tangent curve concave to the northwest having a radius of 1987.20 feet; thence southwesterly along said curve through a central angle of 53. 430 31' 39" 1,509.67 feet; 54. 3440 17' 05" 5.00 feet; 55. 740 17' 05" 3,723.12 feet; 56. 0 182 29' OS" 102.90 feet; 57. 0 174 41' 05" 967.00 feet; 58. 1470 09' 05" 650.00 feet; 59. 1600 02' 05" 1,344.00 feet; 60. 0 146 08' 35" 1,603.35 feet; 61. 129 31' 30' 5,947.50 feet; 62. 0 157 46' 15" 1,939.95 feet; 63. 2470 46' 15" 3,243.05 feet to the beginning of a tangent curve concave to the southeast having a radius of 1400.00 feet; thence northeasterly along said curve through a central angle of 64. 110 26' 26" 279.54 feet; 65. 2590 12' 41" 361.80 feet to the beginning of a tangent curve concave to the northwest having a radius of 1300.00 feet; thence northeasterly along.said curve through a central angle of 66. 080 41' 17" 197.13 feet; 67. 2500 31' 24" 869.77 feet to the beginning of a tangent curve concave to the northwest having a radius of 1300.00 feet; thence northerly along said curve through a central angle of 8-175 68. 35° 18' 13" 801.02 feet; 69. 215- 13' 11" 2010.09 feet to the beginning of a tangent curve concave to the southeast having a radius of 1400.00 feet; thence northeasterly along said curve through a central angle of 70. 17° 54' 37" 437.62 feet; 71. 233° 07' 48" 650.00 feet to the beginning of a tangent curve concave to the northwest having a radius of 1000.00 feet; thence north- easterly along said curve through a central angle of 72. 320 02' 02" 559.10 feet; 73. 2010 05' 46" 1183.14 feet to the beginning of a tangent curve concave to the southeast having a radius of 1400.00 feet; thence north- easterly along said curve through a central angle of 74. 340 Oil 11" 831.25 feet; 75. 235- 06' 57" 246.98 feet to the beginning of a tangent curve concave to the northwest having a radius of 1000.00 feet; thence north- easterly along said curve through a central angle of 76. 280 44' 42" 501.70 feet; 77. 2060 22' 15" 202.05 feet to the beginning of a tangent curve concave to the southeast having a radius of 1400.00 feet; thence north- easterly along said curve through a central angle of 78. 210 24' 42" 523.18 feet; 79. 2270 46' 57" 439.15 feet to the beginning of a tangent curve concave to the northwest having aradius of 1800.00 feet; thence no_-th- easterly along said curve through a central angle of 80. 130 32' 47" 425.58 feet; 0 8-176 81. 2140 14' 10" 1409.69 feet to the beginning of a tangent curve concave to the northeast having a radius of 2200.00 feet; thence north- westerly along said curve through a central angle of 82. 16° 30' 14" 633-.70 feet; 83. 2300 44' 24" 2145.68 feet to the beginning of a tangent curve concave to the . northwest having a radius of 1800.00 feet; thence north- easterly along said curve through a central angle of 84. 43° 18' 50" 1360.75 feet; 85. 1870 25' 34" 3398.12 feet to the beginning of a tangent curve concave to the West having a radius of 1300.00 feet; thence northerly along said curve through a central angle of 86. 160 43' 51" 379.62 feet; 87. 1700 41' 43" 405.28 feet to the beginning of a tangent curve concave to the East having a radius of 1700.00 feet; thence northerly along said curve through a central angle of 88. 290 19' 04" 869.87 feet; 89. 2000 00' 47" 2065.70 feet to the beginning of a tangent curve concave to the _ northwest having a radius of 1000.00 feet; thence north- easterly along said curve through a central angle of 90. 100 40' 26" 186.30 feet; 91. 1890 20' 21" 658.20 feet to the beginning of a tangent curve concave to the East having a radius of 1400.00 feet; thence northerly along said curve through a.central angle of 92. 30° 20' 13" 741.27 feet; 93. 219° 40' 34" 308.87 feet to the beginning of a tangent curve concave to the northwest having a radius of 1000.00 feet; thence north- easterly along said curve through a central angle of 8-177 94. 260 48' 11" 467.81 feet; 95. 192° 52' 23" 1056.24 feet to the beginning of a tangent curve concave to the southeast having a radius of 1400.00 feet; thence north- easterly along said curve through a central angle of 96. 160 04' 55" 392.95 feet; 97. 2080 57' 13" 1146.41,feet to the beginning of a tangent curve concave to the northwest having a radius of 1000.00 feet; thence north- easterly along said curve through a central angle of 98. 20° 31' 10" 358.14 feet; 99. 1880 26' 08" 654.16 feet to the beginning of a tangent curve concave to the East having a radius of 1400.00 feet; thence northerly along said curve through a central angle of 100. 17- 32' 24" 428.58 feet; 101. 2930 49' 10" 11218.26 feet to the point of beginning • and containing an area of 8440.00 acres. All as shown on the map marked 7.06(d-8) and made a part hereof. Sec. 7.06(d-9) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Village Commercial (CV -10): Beginning at the most easterly corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "FUU HINAI" being 10177.414 north and 5003.515 west and running by azimuths measured counter clockwise from true south: 1. 1610 42' 41" 50.00 feet to the beginning of a curve to the right having a radius of 545.00 feet the delta and length being; 2. 370 52' 55" 360.33 feet; 3. 1090 35' 36" 30.00 feet; [L1oY] 0 4. 890 48' 22" 216.56 feet; 5. 1560 43' 16" 374.49 feet; 6. 650 02' 23" 367.31 feet; 7. 3360 07' 54" 123.57 feet; 8. 64° 53' 44" 157.92 feet; 9. 11° 13' 25" 390.47 feet; 10. 286° 13' 13" 114.56 feet; 11. 20 25' 47" 707.64 feet;. 12. 2720 25' 47" 300.00 feet; 13• 1820 25' 47" 820.00 feet; 14. 2720 25' 47" 266.00 feet; 15. 2970 20' 48" 222.63 feet; 16. 2510 42' 41" 30.00 feet to the point of beginning and containing an area of 14.59 acres. All as shown on the map marked 7.06(d-9) and made a part hereof. Sec. 7.06(d-10) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Village Commercial (CV -10): Being at the southwest corner of this parcel of land, the coordinates of whch referrad to Government Survey Triangulation Station "PW HINAI" being 9005.658 and 3151.651 west and running by azimuths measured clockwise from true south: 1. 2010 23' 42" 367.31 feet to the beginning of a curve to the left having a radius of 460.00 feet the delta and length being; 2. 650 44' 23" 527.80 feet; 3. 135° 39' 14" - 111.54 feet to the beginning of a curve to the right having a radius of 540.00 feet; the delta and length being; 4. 510 59' 06" 489.95 feet; 8-179 5. 187° 38' 20" 49.91 feet; 6. 277° 38' 20" 50.00 feet; 7. 288° 03' 09" 592.90 feet; 8. 18° 03' 09" 1300.00 feet; 9. 111° 44' 07" 12.24 feet to the beginning of a curve to the left having a radius of 1000.00 feet the delta and length being; 10. 2- 37' 57" 45.95 feet to the point aFbeginning and containing an area of 7.74 acres. All as shown on the map marked 7.06(d-10) and made a part hereof. Sec. 7.06(d-11) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Village Commercial (CV -10): Beginning at a point in the northerly line of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 8989.629 north and 3108.594 Freest and running by azimuths measured clockwise from true south: 1. 2910 44' 07" 12.24 feet; 2. 18° 03' 09" 1393.82 feet; 3. 1250 17' 52" 308.02 feet to the beginning of a curve to the right having a radius of 400.00 feet a radial to said beginning bears 3050 17' 52" the delta and length being; 4. 280 08' 14" 196.43 feet; 5. 63° 26' 06" 239.26 feet to the beginning of a curve to the right having a radius of 400.00 feet the delta and length being; 6. 36° 41' 28" 256.15 feet; 7. 1000 07' 34" 400.66 feet to the beginning of a curve to the right having a radius of 300.00 feet the delta and length being; B. 430 56' 02" 230.04 feet; 9. 144- 03' 36" 104.43 feet to the beginning. of a curve to the left having a radius of 500.00 feet the delta and length being; 10. 28° 21' 30" 247.47 feet; 11. 1150 42' 06" 204.67 feet to the beginning of a curve to the right having a radius of 450.00 feet the delta and length being; 12. 52° 21' 53" 411.27 feet; 13• 1680 03' 59" 158.00 feet; 14. 2580 03' 59" 1520.00 feet to the beginning of a curve to the left having a radius of 1000.00 feet the delta and length being; 15. 080 46' 42" 153.21 feet; 16. 2490 17' 17" 236.00 feet to the beginning of a curve to the right having a radius of 1000.00 feet the delta and length being; 17. 420 26' 50" 740.84 feet to the point of beginning and containing an area of 56.76 acres. All as shown on the map marked 7.06(d-11) and made a part hereof. Sec. 7.06(d-12) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (0): ' Beginning at the most easterly corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 9672.000 north and 3267.000 west and running by azimuths measured clockwise from true south: 1. 41° 59' 32" 813.69 feet; 2. 3410 43' 14" 60.00 feet to the beginning of a curve to the left having a radius of 1000.00 feet a radial to said beginning bears 1610 43' 14" the delta and length being; 3. 20 25' 57" 42.46 feet; 4. 690 17' 17" 236.00 feet to the beginning of a curve to the right having a radius of 1000.00 feet the delta and length being; 5. 80 46' 42" 153.21 feet; 6. 78° 031, 59" 880.00 feet; 7. 168° 03' 59" 60.00 feet; B. 125' 21' 34" 801.18 feet; 9. 99° 15' 38" 186.43 feet; 10. 940 22' 55" 261.77 feet; 11. 1440 27' 44" 215.06 feet; 12. 1870 29' 52" 156.34 feet; 13• 860 33' 59" 634.54 feet; 14. 1480 41' 06" 277.85 feet; 15. 240° 13' 51" 814.96 feet; 16. 2210 14' 04" 333.77 feet; . 17. 990 22' 24" 423.66 feet; 18. 1580 07' 39" 448.27 feet; 19. 247° 39' 28" 537.76 feet to the beginning of a curve to the left having a radius of 355.00 feet a radial to said beginning bears 3460 04' 54" the delta and length being; 20. 200 10' 28" 125.00 feet; 21. 2550 55' 49" 386.61 feet; 22. 1530 18' 29" 605.53 feet; 23• 194° 05' 21" 525.82 feet; 24. 2710 25' 41" 361.11 feet; 25. 339° 54' 32" 317.31 feet; 26. 3480 24' 48" 527.76 feet; 27. 337° 13' 23" 588.93 feet; 28. 3560 33' 02" 374.95 feet; 29. 890 48' 22" 216.56 feet; 30. 1560 43' 16" 374.49 feet; 31. 65° 02' 23" 367.31 feet; 32. 336° 07' 54" 123.57 feet; 33. 640 53'' 44" 157.92 feet; 34• 11° 13' 25" 390.47 feet; 35. 286° 13' 13" 114.56 feet; 36 20 25' 47" 707.64 feet; 37. 272° 25' 47" 300.00 feet; 38. 182° 25' 47" 820.00 feet; 39. 272° 25' 47" 266.00 feet; 40. 2970 20' 48" 222.63 feet; 41. 341° 42' 41" 991.06 feet; 42. 244° 26' 34" 813.61 feet; 43. 235° 35' 56" 357.53 feet; 44. 1900 26' 39" 60.00 feet; 45. 131° 34' 46" 709.69 feet; 46. 880 29' 05" 378.13 feet; 47. 40 03' 24" 141.35 feet; 48. 920 18' 49" . 198.16 feet; 49. 1290 58' 54" 282.62 feet to the beginning of a curve to the left having a radius of 515.00 feet a radial line to said beginning bears 840 43' 42" the delta and length being; 50. 29° 28' 34" 264.94 feet; 51. 2040 12' 16" 30.00 feet; 52. 247° 00' 35" 774.69 feet; 53. 213° 34' 31" 553.32 feet; 54. 1150 54' 26" 1205.40 feet; MWIN 55. 2120 47' 33" 210.96 feet; 56. 2210 46' 14" 589.96 feet; 57. 2740 30' 00" 216.67 feet; 58. 0 329 39' •46" 815.70 feet; 59. 3020 52' 52" 353.66 feet; 60. 3500 46' 40" 140.00 feet; 61. 60 52' 44" 92.08 feet; 62. 20 04' 53" 798.53 feet; 63. 3340 54' 06"- 594.09 feet; 64. 2940 36' 21" 152.11 feet to the beginning of a curve to the left having a radius of 540.00 feet a radial to said beginning bears 620 42' 51" the delta and length being; 65. 170 03' 37" 160.79 feet; 66. 3150 '39' 14" 18.00 feet; 67. 450 39' 14" 70.00 feet to the beginning of a curve to the right having a radius of 300.00 feet the delta and length being; 68.. 0 13 45' 25" 72.03 feet; 69. 3290 24' 39" 30.00 feet; 70. 3560 21' 52" 113.65 feet to the point of beginning and containing an area of 142.81 acres. All as shown on the map marked 7.06(d-12) and made a part hereof. Sec. 7.06(d-13) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (0): :fl[LI Beginning at a point in the westerly line of this parcel of land, the coordinates of which referred to Go, ernment Survey Triangulation Station "PUU HINAI" being 216.052 South and 7,471.241 west and running by azimuths measured clockwise from true South: 1. 1120 22' •00" 9,792.25 feet; 2. 2200 00' 00" 9,461.41 feet; 3. 1840 30' 00" 15,092.76 feet; 4. 2620 49' 45" 3,279.45 feet; 5. 2550 34' 25" 1,731.76 feet; 6. 2530 11' 30" 1,549.92 feet; 7. 2550 25' 45" 4,401.50 feet; 8. 00 14' 00" 218.93 feet; 9. 70 25' 00" 212.14 feet; 10. 00 26' 20" 2,213.66 feet; 11. 3560 42' 30" 1,549.31 feet; 12. 3580 20' 00" 4,660.04 feet; 13. 2930 49' 10" 17,239.32 feet; 14. 170 32' 24" 428.58 feet; 15. 1880 26' 08" 654.16 feet to the beginning of a tangent curve concave to the East having a radius of 1400.00 feet; thence northerly along said curve through a central angle of 16. 200 31' 10" 358.14 feet; 17. 2080 57' 18" 1,146.41 feet to the beginning of a tangent curve concave to the northwest having a radius of 1000.00. feet; thence north- easterly along said curve through a central angle of 18. 160 04' 55" 392.95 feet; 19. 1920 52' 23" 1,056.24 feet to the beginning of a tangent curve concave to the southeast having a radius of 1400.00 feet; thence ' northeasterly along said curve through a central angle of 20. 260 48' 11" 467.81.feet;' 21. 2190 40' 34" 308.87 feet to the beginning of a' tangent curve concave to the northwest having a radius of 1000.00 feet; thence -. northeasterly along said curve through a central angle of 22. 300 20' 13" 741.27 feet; 23. 1890 20' 21" 658.20 feet to the beginning of a tangent curve concave to the East having a radius of - 1400.00 feet; thence northerly along said curve through a central angle of 24. 100 40' 26" 186.30 feet; - 25. 2000 00' 47" 2,065.70 feet to the beginning of a , tangent curve concave to the northwest having a radius of 1000.00 feet; thence northeasterly along said curve through a central angle of 26 290 19' 04" 869.87 feet; 27. 1700 41' 43" 405.28 feet to the beginning of a tangent curve concave to the East having a radius of 1700.00 feet; thence northerly along said curve through a central angle of 28. 160 43' 51" 379.62 feet; 0 29. 187 25' 34" 3,398.12 feet to the beginning of a tangent curve concave to the West having a radius of 1300.00 _ feet; thence northerly along j said curve through a central i angle of i 30. 430 18' 50" 1,360.75 feet; 31. 2300 44' 24" 2,145.68 feet to the beginning of a tangent curve concave to the northwest having a radius of 1600.00 feet; thence northeasterly along said curve through a central angle of 32. 160 30' 14" 633.70 feet; 33. 214 14' 10" 1,409.69 feet to the beginning of a tangent curve concave to the northeast having a radius of 2200.00 feet; thence northwesterly along said curve through a central angle of 34. 130 32' 47" 425.58 feet; I 35. 2270 46' 57" 439.15 feet to the beginning of a tangent curve concave to the - northwest having a radius of 1800.00 feet; thence northeasterly along said curve through a central angle of 36. 210 24' 42" 523.18 feet; 37. 2060 22' 15" 202.05 feet to the beginning of a tangent curve concave to the southeast having a radius of 1400.00 feet; thence northeasterly along said curve through a central angle of 38. 280 44' 42" 501.70 feet; 39. 2350 06' 57" 246.98 feet to the beginning of a tangent curve concave to the northwest having a radius of 1000.00 feet; thence northeasterly along said curve through a central angle of mom 40. 340 O1' ill, 831.25 feet; 41. 0 201 05' 46" 1,183.14 feet to the beginning of a tangent curve concave to " the southeast havinn a radius of 1400.00 feet; thence northeast.crly along said curve through a central angle of 42. 0 32 021 02" 559.10 feet; 43. 2330 07' 48" 650.00 feet to the beginning of a tangent curve concave to the northwest having a radius of 1000.00 feet; thence northeasterly along said curve through _ a central angle of 44. 17 054' 37" 437.62 feet; 45. 2150 13' 11" 2,010.09 feet to the beginning of a tangent curve concave to the southeast havirc a - radius of 1400.00 feet; thence northeasterly along said curve through a central angle of 46. 350 18' 13" 801.02 feet; 47. 2500 31' 24" 869.77 feet to the beginning of a tangent curve concave to ' the northwest having a radius of 1300.00 feet; thence northerly along said curve throuo_h a central angle of 48. 08 041' 171, 197.13 feet; - 49. 2590 12' 41" 361.80 feet to the beginning of a tangent curve concave to - the northwest having a radius of 1300.CC feet; thence northeasterly -along said curve through a central angle of 50. 110 26' 26" 279.54 feet; 51. 2470 46' 15" 3,243.05 feet to the beginning of a tangent curve concave to the southeast havino a radius of 1400.00 feet; thence northeasterly. along said curve thrcuoh a central angle of 52. 1510 46' 15" 2,386.51 feet; 53. 1400 391 051, 5,544.00 feet; - mawT 54. 1030 43' 4"/" 5,380.26 feet; 55. 1930 43' 45" 3,698.92 feet to the point of beginning and contoi.ning an area of 17,854.71 acre:. Excepting therefrom the following described parcel of land: Beginning at a point in the easterly line of this parcel of land, the coordinates of :,,hich referred to Covernment Survey Triangulation Station "BUU HINAI" being 23,266.199 feet North and 1,557.465 feet East and running by azimuths measured clockwise from true South: 1. 180 03' 09" 13,721.67 feet; 2. 2880 03' 09" 3,065.61 feet; 3. 2670 27' 25" 8,131.86 feet; 4. 2910 06' 21" 4,993.57 feet; 5• 0 7 51' 12" 6,893.32 feet; 6. 370 58' 48" 8,467.12 feet; 7. 820 24' 19" 4,388.50 feet; 8. 1220 34' 54" 3,584.03 feet; 9. 1600 02' 36" 3,691.68 feet; 10. 1240 52' 31" 2,011.22 feet; 11. 1960 43' 02" 3,059.30 feet; 12. 1500 55' 16" 3,143.20 feet to the beginning of a - tangent curve concave to the South having a radius of 2,900.00 feet; thence westerly along said curve through a central angle e_' 13. 0 25 33' 25" 1,293.56 feet; 14. '117 0 32' 22" - 1,925.65 feet to the beginning of a tangent curve concave to the north having a radius of 4400.00 feet; thence westerly along said curve through a central angle o= 15. 21 023' 14" 1,642.42 feet; 16. 1380 55' 36" 2,127.94 feet; 17. 225 018' 53" 501.63 feet to the beainn ir.e of a tangent curve concave to the northwest having a radius of 2150.00 feet; thence northoazLerly along said curve Lhrough a central angle of mom 18. 150 30' 1.i" 581.79 feet Lo the beg:inn:i.nq of a tangent compound curve concave to the, want. having a radiur, of 4650.00 feet; thence _ northerly along Laid curve through a central angle of 19. 390 40' 26" 3,21.9.85 feet; 20. 1700 08' 12" 638.91 feet to the beginning of a tangent curve concave to the east having a radius of 3550.00 feet; thence northerly along said curve through a central angle of 0 21. 27 38' 51" 1,713.01 feet to the beginning of a tangent reverse curve concave to the west having a radius of 9500.00 -feet; thence northerly along said curve through a central angle of 22. 80 15' 33" 1,369.43 feet to the beginning of a tangent compound curve concave to the west having a radius of 5700.00 feet; thence northerlv along said curve through a central angle of 23. 210 13' 17" 2,111.19 feet to the beginning of a tangent reverse curve concave to the east having a radius of 3800.00 feet; thence northerly along said curve through a centra'_ angle of 24. -230 411 54" 1,571.73 feet; 25. 1920 00' 07" 3,889.48 feet to the beginning of a tangent curve concave to the south having a radius of 7050.00 feet; thence east along said curve through a central angle of 26. 110 46' 33" 1,448.96 feet; 27. 2900 07' 23" 3,947.78 feet to the beginning of a tangent curve concave to the. north having a radius of 3350.00 feet; Thence east along said curve through a central angle of 28. 240 49' 17" 1,451.28 feet;, 29. 2650 18' 06" 2,101.91 feet; 30. 3580 20' 00" 347:12 feet to the point of beginning and containing an area of 7,504.71 acres. Therefore, Open Zone, Subsection 7.06(d-13), contains an area of 10,350.00 acres (17,854.71 acres minus 7,504.71 acres). A11 as shown on the map marked 7.06(d-13) and made a part hereof. 8-191 Sec. 7.06(e) The District Classification of the following area situated in Kaauhuhu Homesteads, North Kohala, Hawaii, shall be Agriculture (A -3a): Beginning at a point at the northwest corner of this parcel of land, being also the mauka side of the Government Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU-0-NAIE" being 3939.20 feet north and 4840.16 feet east and running by azimuths measured clockwise from true South: For the next eight (8) courses along the mauka side of the Government Road, the azimuths and distances being: 1. 1980 00, 26.49 feet; 2. 1780 55' 50.51 feet; 3. 1670 17' 217.20 feet; 4. 1750 30' 175.56 feet; 5. 2180 03' 83.57 feet; 6. 2790 40' 111.37 feet; 7. 2560 26' 79.83 feet; 8. 2460 08' 15.74 feet; 9. 3190 16' 1230.66 feet along Grant 4962 to Annie K. Pulaa; 10. 480 24' 500.06 feet along Ld. Ct. App. 1788; 11. 1390 17' 962.80 feet along Ld. Ct. Aon. 1122 to the point of beginning and containing an area of 14.04 acres more or less. All as outlined in red on the map marked 7.06(e) and made a part hereof. Sec. 7.06(f-1) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the north corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 4,590.47 feet north and 36,165.54 feet west and running by azimuths measured clockwise from true south: 8-192 1. 3020 34' 56" 317.38 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 2. 330 17' 05" 1,544.32 feet along Land Commission Award 8521-B, Apana 1 to G. D. Hueu; 3. 1210 19' 40" 462.70 feet along Grant 13,586 to E. J. White; 4. 2110 19' 40" 585.49 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the left with a radius of 230.00 feet, the chord azimuth and distance being: 5. 2500 54' 55.5" 285.31 feet; 6. 2120 34' 56" 745.19 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama to the point of beginning and containing an area of 13.456 acres. All as outlined in red on the map marked 7.06(f-1) and made a part hereof. Sec. 7.06(f-2) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Village Commercial (CV -10): Beginning at the west corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 4,590.47 feet north and 36,165.54 feet west and running by azimuths measured clockwise from true south: 1. 2120 34' 56" 429.96 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 2. 2570 34' 56" 28.28 feet; B-193 3. 3020 34' 56" 302.90 feet along remainder of Land Commission Award 4452, ADana 4 to H. Kalama; 4. 330 17' 05" 450.00 feet along Land Commission Award 8521-B, Anana 1 to G. D. Hueu; 5. 3020 34' 56" 317.38 feet along remainder of Land Commission Award 4452, ADana 4 to H. Kalama to the point of beginning and containing an area of 3.305 acres. All as outlined in red on the map marked 7.06 (f-2) and made a part hereof. Sec. 7.06(f-3) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Village Commercial (CV -10): Beginning at the south corner of this parcel of land, the coordinated of which referred to Government Survey Triangulation Station "PUU HINAI" being 4,829.20 feet north and 36,084.18 feet west and running by azimuths measured clockwise from true south: 1. 1220 34' 56" 195.00 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 2. 1380 27' 07" 198.64 feet along same; 3. 2280 27' 07" 178.05 feet along same; Thence along same, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 4. 3100 31' 01.5" 149.09 feet; 5. 3020 34' 56" 169.71 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 6. 3470 34' 56" 28.28 feet; MM 7. 320 34' 56" 185.00 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama to the point of beginning and containing an area of 1.646 acres. All as outlined in red on the map marked 7.06(f-3) and made a part hereof. Sec. 7.06(f-4) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the east corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 4,787.07 feet north and 36,111.11 feet west and running by azimuths measured clockwise from true south: 1. 320 34' 56" 677.18 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 2. 1220 34' 56" 160.00 feet along same; 3. 2010 28' 27" 470.00 feet along same; 4. 2570 21' 46" 78.87 feet along same; 5. 2120 34' 56" 160.00 feet along same; 6. 3020 34' 56" 195.00 feet along same to the point of beginning and containing an area of 3.176 acres. All as outlined in red on the map marked 7.06(f-4) and made a part hereof. Sec. 7.06(£-5) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Resort -Hotel (V-1.25): Beginning at the north corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 6,839.74 feet north and 37,918.60 feet west and running by azimuths measured clockwise from true south: 9-195 1. 3180 38' 37" 581.58 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 2. 2880 31' 08" 542.03 feet; 3. 2580 23' 39" 112.12 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 4. 3130 18' 21" 752.81 feet; 5. 80 13' 03" 102.01 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 6. 3430 20' 05" 454.42 feet; 7. 480 27' 07" 479.15 feet along remainder of Land Commission Award 4452, Agana 4 to H. Kalama; 8. 3100 35' 51" 220.00 feet along same; 9. 21° 28' 27" 470.00 feet along same; 10. 3020 34' 56" 160.00 feet along same; 11. 32° 34' 56" 262.97 feet along same; Thence along same, on a curve to the right with a radius of 170.00 feet, the chord azimuth and distance being: 12. 820 19' 09" 259.45 feet; Thence along same, on a curve to the left with a radius of 1,546.30 feet, the chord azimuth and distance being: 13. 1260 41' 31" 289.11 feet; 14. 121° 19' 40" 243.63 feet along remainder of Land Commission Award 4452, Anana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 15. 1470 53' 34" 44.72 feet; Thence along same, on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 16. 1020 43' 40" 94.96 feet; 17. 2100 59' 52" 145.33 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 18. 2490 26' 38" 196.51 feet along same; 19. 2070 03' 02" 316.64 feet along same; 20. 1650 22' 58" 669.68 feet along same; 21. 1270 O1' 20" 534.00 feet along same;' 22. 780 50' 52" 238.68 feet along same; 23. 340 49' 115.00 feet along same, to the seashore; Thence following along the seashore for the next five (5) courses, the direct azimuths and distances between points at said seashore being: 24. 1100 47' 144.30 feet; 25. 1200 06' 237.00 feet; 26. 1070 00' 141.04 feet; 27. 1390 20' 470.71 feet; 28. 1700 29' 50" 110.45 feet; thence 29. 2650 41' 30" 210.00 feet along remaindFr of Land Commission Award 4452, Anana 4 to H. Kalama; 8-197 30. 2280 38' 37" 792.64 feet along same, to the point of beginning and containing an area of 62.792 acres more or less. All as outlined in red on the map marked 7.06(f-5) and made a part hereof. Sec. 7.06(f-6) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the east corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 6,839.74 feet north and 37,918.60 feet west and running by azimuths measured clockwise from true South: 1. 480 38' 37" 792.64 feet along remainder of Land Commission Award 4452, Agana 4 to H. Kalama; 2. 850 41' 30" 210.00 feet along same, to the seashore; Thence following along the seashore, the direct azimuth and distance between points at said seashore being: 3. 1760 38' 23" 1,449.24 feet; thence 4. 2650 41' 30" 372.98 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 5. 2820 34' 51" 390.92 feet along same; 6. 120 34' 51" 160.90 feet along same; Thence along same, on a curve to the left with a radius of 270.00 feet, the chord azimuth and distance being: 7. 40 11' 50" 78.73 feet; 8. 3550 48' 49" 284.46 feet along remainder of Land Commission Award 4452, Anana 4 to H. Kalama; 0107. Thence along same, on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being: 9. 3370 13' 43" 318.71 feet; 10. 3180 38' 37" 49.26 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama to the noint of beginning and containing an area of 21.380 acres more or less. All as outlined in red on the map marked 7.06(f-6) and made a part hereof. Sec. 7.06(f-7) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Resort -Hotel (V-1.25): Beginning at the southeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 7,689.84 feet north and 38,054.46 feet west and running by azimuths measured clockwise from true South: 1. 1020 34' 51" 390.92 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 2. 850 41' 30" 372.98 feet along same, to the seashore; Thence following along the seashore for the next seven (7) courses, the direct azimuths and distances between points at said sea- shore being: 3. 1420 00' 25.19 feet; 4. 141° 37' 289.00 feet; 5. 2170 50' 510.00 feet; 6. 2100 10' 167.00 feet; 7. 2520 57' 1,020.50 feet; 8. 2440 47' 99.94 feet; 9. 3190 10' 39.35 feet; thence 10. 130 25' 89.00 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 322M 11. 240 26' 44" 145.00 feet along same; 12. 410 22' 11" 234.52 feet along same; 13. 160 07' 39" 86.40 feet along same; 14. 400 53' 56" 187.86 feet along same; 15. 890 09' 23" 139.18 feet along same; 16. 120 34' 51" 210.00 feet along same; 17. 3010 00' 57" 66.61 feet along same; Thence along same on a curve to the left with a radius of 80.00 feet, the chord azimuth and distance being: 18. 130 53' 14" 140.35 feet; Thence along same, on a curve to the right with a radius of 80.00 feet, the chord azimuth and distance being: 19. 3420 34' 51" 80.00 feet; 20. 120 34' 51" 91.44 feet along remainder of Land Commission Award 4452, Anana 4 to H. Kalama to the point of beginning and containing an area of 19.779 acres more or less. All as outlined in red on the map marked 7.06(f-7) and made a part hereof. Sec. 7.06(f-8) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM-1.5): Beginning at the southeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 6,843.16 feet north and 37,506.81 feet west and running by azimuths measured clockwise from true south: Along remainder of Land Commission Award 4452, Agana 4 to H. Kalama, on a curve to the left with a radius of 530.00 feet, the chord azimuth and distance being: 1 2 3. 4. 5 6 I 51° 38' 48° 38' 93° 38' 138° 38' 157° 13' 175° 48' 184° 11' 192° 34' 06" 37" 37" 37" 43" 49" 50" 51" 9. 2000 40' 34" 10. 2170 11' 04" 11. 2640 31' 52" 12. 00 54' 45" 13. 2640 31' 52" 14. 1770 53' 44" 15. 2240 27' 52" 16. 2560 25' 46" 8-201 55.32 feet; 156.11 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 28.28 feet; 295.89 feet along remainder of Land Commission Award 4452, Aoana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 420.00 feet, the chord azimuth and distance being: 267.71 feet; 284.46 feet along remainder of Land Commission Award 4452, Anana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 190.00 feet, the chord azimuth and distance being: 55.40 feet; 470.90 feet along remainder of Land Commission Award 4452, Agana 4 to H. Kalama; 177.86 feet along same; 127.66 feet along same; 20.00 feet along same; 94.48 feet along same; 108.00 feet along same; 163.28 feet along same; 151.33 feet along same; 119.33 feet along same; 17. 2890 05' 37" 27.51 feet along same; 18. 3330 04' 10" 70.35 feet along same; 19. 630 04' 10" 188.28 feet along same; 20. 3460 45' 34" 174.64 feet along same; 21. 2850 00' 17" 100.42 feet along same; 22. 3560 08' 18" 400.91 feet along same; 23. 170 06' 49" 768.00 feet along same; 24. 3240 37' 35" 159.24 feet along same, to the point of beginning and containing an area of 16.434 acres. All as outlined in red on the map marked 7.06(f-8) and made a part hereof. Sec. 7.06(£-9) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the southeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 6,340.24 feet north and 36,872.60 feet west and running by azimuths measured clockwise from true south: Along remainder of Land Commission Award 4452, Apana 4 to H. Kalama, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 1. 810 17' 42.5" 54.66 feet; 2. 780 23' 39" 112.12 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 3. 1080 31' 08" 461.73 feet; 8-202 4. 1380 38' 37" 234.95 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 5. 1830 38' 37" 28.28 feet; 6. 2280 38' 37" 156.11 feet along remainder of Land Commission Award 4452, Adana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 7. 2350 55' 00.5" 119.00 feet; 8. 2430 11' 24" 80.00 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 9. 3330 11' 24" 285.00 feet along same; 10. 2740 26' 45" 234.75 feet along same; 11. 3220 58' 48" 152.80 feet along same; 12. 3540 11' 46" 132.45 feet along same to the point of beginning and containing an area of 5.252 acres. All as outlined in red on the map marked 7.06(f-9) and made a part hereof. Sec. 7.06(f-10) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Village Commercial (CV -10): Beginning at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAIY being 5,644.96 feet north and 36,295.22 feet west and running by azimuths measured clockwise from true south: 1. 2760 15' 55" 893.72 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 8-203 2. 3540 35' 39" 93.84 feet along same; 3. 2800 54' 24" 161.82 feet along same; 4. 330 17' 05" 670.81 feet along Land Commission Award 8521-B, Anana 1 to G. D. Hueu; 5. 1220 34' 56" 573.59 feet along remainder of Land Commission Award 4452, Agana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 6. 1550 23' 59.5" 498.61 feet; 7. 1880 13' 03" 20.31 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama to the point of beginning and containing an area of 11.178 acres. All as outlined in red on the map marked 7.06(£-10) and made a part hereof. Sec. 7.06(f-11) The District Classification of the following area situated at Aneahoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the southwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 5,644.96 feet north and 36,295.22 feet west and running by azimuths measured clockwise from true south: 1. 1880 13' 03" 81.70 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 2. 1650 36' 46" 415.12 feet; 3. 2330 00' 29" 211.20 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 4. 2880 46' 41" 369.68 feet along same; 5. 2670 48' 28" 418.31 feet along same; 6. 3170 O1' 17" 120.28 feet along same; 7. 170 00' 39" 229.02 feet along same; 8. 3540 35' 39" 298.91 feet along same; 9. 960 15' 55" 893.72 feet along same to the point of beginning and containing an area of 11.830 acres. All as outlined in red on the map marked 7.06(f-11) and made a part hereof. Sec. 7.06(f-12) The District Classification of the following area situated at Aneehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the northeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 7,727.00 feet north and 35,824.34 feet west and running by azimuths measured clockwise from true south: 1. 30 3' 55" 323.03 feet along remainder of Land Commission Award 4452, Aoana 4 to H. Kalama; 2. 3480 31' 17" 108.61 feet along same; 3. 3020 09' 08" 950.82 feet along same; 4. 110 1' 46" 120.22 feet along same; 5. 620 46' 17" 115.84 feet along same; 6. 990 37' 14" 309.66 feet along same; 7. 114° 06' 23" 440.00 feet along same; 8. 850 03' 54" 96.41 feet along same; 9. 290 20' 46" 80.00 feet along same; 10. 1190 28' 33" 489.38 feet along same; 11. 2670 26' 59" 320.55 feet along same; 12. 208° 19' 30" 80.09 feet along same; 13. 2710 30' 02" 75.72 feet along same; 8-205 Thence along same, on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 14. 2010 29' 17.5" 93.98 feet; Thence along same, on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 15. 1490 54' 39.5" 31.62 feet; 16. 1680 20' 46" 97.45 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 17. 1800 53' 56" 204.30 feet; 18. 1930 27' 06" 210.56 feet along remainder of Land Commission Award 4452, Aoana 4 to H, Kalama; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 19. 2350 50' 37.5" 26.97 feet; Thence along same, on a curve to the left with a radius of 530.00 feet, the chord azimuth and distance being: 20. 2740 O1' 41.5" 77.77 feet to the point of beginning and containing an area of 10.647 acres. All as outlined in red on the map marked 7.06(f-12) and made a part hereof. Sec. 7.06(f-13) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -3.0): rNXIM Beginning at the southwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 7,320.93 feet north and 36,799.19 feet west and running by azimuths measured clockwise from true south: 1. 2110 29' 57" 315.00 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 2. 2320 08' 31" 331.39 feet; 3. 3420 47' 05" 63.06 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 4. 240 16' 56.5" 66.26 feet; Thence along same, on a curve to the left with a radius of 360.00 feet, the chord azimuth and distance being: 5. 480 38' 22.5" 212.20 feet; 6. 310 29' 57" 232.00 feet along remainder of Land Commission Award 4452, Aoana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being; 7. 640 02' 31" 53.79 feet; 8. 960 35' 05" 89.38 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama to the noint of beginning and containing an area of 1.472 acres. All as outlined in red on the map marked 7.06(f-13) and made a part hereof. 8-207 Sec. 7.06(f-14) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the east corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 7,944.74 feet north and 35,467.49 feet west and running by azimuths measured clockwise from true south: 1. 490 43' 47" 71.71 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 2. 810 54' 00.5" 500,49 feet; Thence along same, on a curve to the left with a radius of 530.00 feet, the chord azimuth and distance being: 3. 720 47' 05.5" 699.40 feet; 4. 310 29' 57" 278.43 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 5. 1800 57' 32" 193.56 feet along same; 6. 2000 O1' 19" 125.59 feet along same; 7. 2160 25' 25" 308.21 feet along same; 8. 2260 15' 32" 514.90 feet along same; 9. 2910 07' 27" 532.80 feet along same; 10. 3010 25' 41" 311.18 feet along same to the point of beginning and containing an area of 9.007 acres. All as outlined in red on the map marked 7.06(£-14) and made a part hereof. Sec. 7.06(f-15) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the north corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 9,228.72 feet north and 37,072.99 feet west and running by azimuths measured clockwise from true south: Along remainder of Land Commission Award 4452, Aoana 4 to H. Kalama, on a curve to the left with a radius of 80.00 feet, the chord azimuth and distance being: 1. 2890 08' 30.5" 64.74 feet; 2. 2650 16' 20" 80.00 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 3. 3550 16' 20" 450.95 feet along same; 4. 490 31' 01" 399.49 feet along same; 5. 1390 31' 01" 138.97 feet along same; 6. 920 48' 56" 61.07 feet along same; 7. 490 41' 55" 103.59 feet along same; S. 1240 59' 31" 36.62 feet along same; 9. 1960 02' 56" 75.96 feet along same; 10. 2280 13' 05" 108.00 feet along same; 11. 1930 25' 60.00 feet along same to the seashore; Thence following along the seashore for the next two (2) courses, the direct azimuths and distances between noints at said seashore being: 12. 1570 15' 162.00 feet; 13. 1950 38' 176.00 feet; thence 14. 2440 08' 30" 317.58 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama to the point of beginning and containing an area of 6.149 acres more or less. All as outlined in red on the map marked 7.06(f-15) and made a part hereof. Sec. 7.06(£-16) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Resort -Hotel (V-1.25): 8-210 Beginning at the southeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 9,228.72 feet north and 37,072.99 feet south and running by azimuths measured clockwise from true south: 1. 640 08' 30" 317.58 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama to the seashore; Thence following along the seashore for the next five (5) courses, the direct azimuths and distances between points at said seashore being: 2. 1140 10' 170.00 feet; 3. 970 52' 30" 246.00 feet; 4. 1070 18' 30" 320.00 feet; 5. 1500 32' 353.50 feet; 6. 2180 21' 24.98 feet; thence 7. 2870 36' 56" 181.98 feet along remainder of Land Commission Award 4452, Adana 4 to H. Kalama; 8. 2780 54' 54" 103.25 feet along same; 9. 2590 28' 42" 969.30 feet along same; 10. 3050 07' 49" 61.40 feet along same; Thence along same, on a curve to the left with a radius of 380.00 feet, the chord azimuth and distance being: 11. 150 12' 04.5" 259.05 feet; Thence along same, on a curve to the right with a radius of 80.00 feet, the chord azimuth and distance being: 12. 290 15' 36.5" 89.44 feet; 8-210 8-211 Thence along same, on a curve to the left with a radius of 80.00 feet, the chord azimuth and distance being: 13. 80 07' 47" 131.25 feet to the point of beginning and containing an area of 11.044 acres. All as outlined in red on the map marked 7.06(f-16) and made a part hereof. Sec. 7.06(f-17) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the south corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 9.967.62 feet north and 36,623.20 feet west and running by azimuths measured clockwise from true south: 1. 1560 46' 45" 136.45 feet along remainder of Land Commission Award 4452, Anana 4 to H. Kalama; 2. 1180 49' 40" 588.99 feet along same; 3. 101° 01' 20" 325.02 feet along same; 4. 550 48' 337.95 feet along same to the seashore; Thence following along the seashore for the next three (3) courses, the direct azimuths and distances between points at said seashore being: 5. 2000 24' 243.14 feet; 6. 1690 21' 264.50 feet; 7. 2210 32' 25" 617.49 feet; thence 8. 3200 30' 55" 1,234.44 feet along remainder of Land Commission Award 4452, Agana 4 to H. Kalama; 9. 500 30' 55" 1.00 feet along same; Thence along same, on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being: 8-211 10. 250 40' 31,5" 81.67 feet; Thence along same, on a curve to the right with a radius of 40.00 feet, the chord azimuth and distance being: 11. 2950 40' 31.5" 33.61 feet; 12. 3200 30' 55" 91.01 feet along remainder of Land Commission Award 4452, Aoana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 13. bo 30' 55" 28.28 feet; 14. 500 30' 55" 144.15 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama to the point of beginning and containing an area of 14.167 acres more or less. All as outlined in red on the map marked 7.06(f-17) and made a part hereof. Sec. 7.06(f-18) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -3.0): Beginning at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 8,552.17 feet north and 34,514.00 feet west and running by azimuths measured clockwise from true south: Along remainder of Land Commission Award 4452, Anana 4 to H. Kalama, on a curve to the left with a radius of 530.00 feet, the chord azimuth and distance being: 1. 2620 05' 08.5" 155.47 feet; Thence along same, on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 8-212 2. 2740 55' 01" 340.92 feet; 3. 2960 10' 55" 631.65 feet along remainder of Land Commission Award 4452, Agana 4 to H. Kalama; 4. 260 10' 55" 543.11 feet along Land Commission Award 8521-3, Agana 1 to G. D. Hueu; 5. 330 17' 05" 1,014.44 feet along same; 6. 1370 21' 44" 593.70 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 7. 1270 10' 02" 809.41 feet along same; 8. 1390 43' 47" 117.91 feet along same; 9. 2290 43' 47" 426.99 feet along same; Thence along same, on a curve to the left with a radius of 810.00 feet, the chord azimuth and distance being: 10. 2260 49' 46" 81.97 feet; 11. 3130 551 45" 155.00 feet along remainder of Land Commission Award 4452, Anana 4 to H. Kalama; 12. 2650 03' 16" 206.86 feet along same; 13. 2200 00' 26" 240.00 feet along same; 14. 1800 31' 10" 180.00 feet along same to the point of beginning and containing an area of 37.095 acres. All as outlined in red on the map marked 7.06(f-18) and made a part hereof. Sec. 7.06(f-19) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Village Commercial (CV -10): Beginning at the northeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 8,552.17 feet north and 34,514.00 feet west and running by azimuths measured clockwise from true south: 8-213 1. 00 31' 10" 180.00 feet along remainder of Land Commission Award 4452, Anana 4 to H. Kalama; 2. 400 00' 26" 240.00 feet along same; 3. 850 03' 16" 206.86 feet along same; 4. 1330 55' 45" 155.00 feet along same; Thence along same, on a curve to the left with a radius of 810.00 feet, the chord azimuth and distance being: 5. 2170 40' 12.5" 176.62 feet; 6. 2110 24' 40" 212.33 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 7. 2530 48' 11" 26.97 feet; Thence along same, on a curve to the left with a radius of 530.00 feet, the chord azimuth and distance being: 8. 2830 21' 26" 235.52 feet to the point of beginning and containing an area of 3.068 acres. All as outlined in red on the map marked 7.06(f-19) and made a part hereof. Sec. 7.06(f-20) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -3.0): Beginning at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 9,195.61 feet north and 35,206.66 feet west and running by azimuths measured clockwise from true south: 8-214 1. 2960 10' 55" 1,351.95 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 2. 260 10' 55" 1.00 feet along same; Thence along same, on a curve to the left with a radius of 530.00 feet, the chord azimuth and distance being: 3. 940 55' O1" 384.44 feet; Thence along same, on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 4. 1160 10' 55" 635.42 feet; Thence along same, on a curve to the left with a radius of 530.00 feet, the chord azimuth and distance being: 5. 1370 26' 49" 384.44 feet; 6. 2060 10' 55" 1.00 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama to the point of beginning and containing an area of 4.022 acres. All as outlined in red on the map marked 7.06(f-20) and made a part hereof. Sec. 7.06(f-21) The District Classification of the following area situated at Anaehoomalu, South Kohala, Hawaii, shall be Multiple Family Residential (RM -1.5): Beginning at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 9,910.17 feet north and 36,598.56 feet west and running by azimuths measured clockwise from true south: 1. 2300 30' 55" 161.66 feet along remainder of Land Commission Award 4452, Agana 4 to H. Kalama; 8-215 2. 2750 30' 55" 3. 3200 30' 55" 4. 3080 20' 55" 5. 2960 10' 55" 6. 3170 26' 49" 7. 3220 40' 10:5" 8. 3490 O1' 09" 9. 310 24' 40" 10: 400 34' 13.5" 8-216 Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 28.28 feet; 481.26 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the left with a radius of 530.00 feet, the chord azimuth and distance being: 223.40 feet; 814.40 feet along remainder of Land Commission Award 4452, Agana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 340.92 feet; Thence along same, on a curve to the left with a radius of 530.00 feet, the chord azimuth and distance being: 292.93 feet; Thence along same, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 26.97 feet; 212.33 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; Thence along same, on a curve to the right with a radius of 750.00 feet, the chord azimuth and distance being: 238.77 feet; 8-216 11. 490 43' 47" 52.00 feet along remainder of Land Commission Award 4452, Apana 4 to H. Kalama; 12. 1430 08' 49" 762.16 feet along same; 13. 860 43' 46" 140.23 feet along same; 14. 1050 38' 28" 610.08 feet along same; 15. 1560 31' 25" 514.60 feet along same; 16. 1620 37' 50" 221.08 feet along same; 17. 1560 46' 45" 138.38 feet along same to the point of beginning and containing an area of 22.284 acres. All as outlined in red on the map marked 7.06(f-21) and made a part hereof. This section shall take effect forthwith upon application by the landowner to the Planning Department and certification by the Planning Director that substantial development has occurred in the portion covered by Section 1 of this ordinance. For the purposes of this ordinance, "substantial development" is defined as building permits issued, ground broken and construction commenced on permanent structures on twenty-five (25) per cent of the zoned area for hotel development and fifteen (15) per cent of the zoned area for multiple family residential development, in addition to the required amenities. Sec. 7.06(8-1) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Village Commercial (CV -10): Beginning at the southwest corner of this parcel of land on the northerly side of Waikoloa Road, being also the southeast corner of Lot 110 of Waikoloa Village Unit 1-A, File Plan 1188, the coordinates of which referred to Government Survey Triangulation Station "PW HINAI" being 9,039.49 feet north and 3,836.35 feet west and running by azimuths measured clockwise from true South: 8-217 1 2 3 2210 59' 32" 257° 00" 190° 41' 53" 591.00 feet along Lot 110 of Waikoloa Village Unit 1-A, File Plan 1188; 275.00 feet along Lot 110 of Waikoloa Village Unit 1-A, File Plan 1188; 301.61 feet along Lot 110 of Waikoloa Village Unit 1-A, File Plan 1188; Thence along the westerly side of Paniolo Avenue, on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 4. 3480 31' 28" 499.32 feet; 5. 210 23' 42" 306.21 feet along the westerly side of Paniolo Avenue; Thence along the westerly side of Paniolo Avenue, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 6. 640 46' 32" 27.47 feet; Thence along the northerly side of Waikoloa Road, on a curve to the left with a radius of 1,042.00 feet, the chord azimuth and distance being: 7. 890 02' 50.5" 682.22 feet to the point of beginning and an area of 280,101 square feet or 6.430 acres. All as outlined in red on the map marked 7.06(g-1) and made a part hereof. Sec. 7.06(8-2) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM -3.0): Beginning at the northeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "PUU HINAI" being 10,221.09 feet north and 2,694.37 feet west and running by azimuths measured clockwise from true south: 1. 180 03' 09" 690.13 feet along Lots 6 and 9 of Waikoloa Development, File Plan 1172; Thence along the easterly side of Paniolo Avenue, on a curve to the left with a radius of 540.00 feet, the chord azimuth and distance being: 2. 1550 11' 54" 361.30 feet; 3. 1350 39' 14" 111.54 feet along the easterly side of Paniolo Avenue; 8-219 Thence along the easterly side of Paniolo Avenue, on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 4. 1610 38' 47" 403.19 feet; 5. 1870 38' 20" 49.91 feet along the easterly side of Paniolo Avenue; 6. 2880 03' 09" 592.90 feet along Lot 328 of Waikoloa Village Unit 1-B, File Plan 1189 to the point of beginning and containing an area of 5.336 acres. All as outlined in red on the map marked 7.06(g-2) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the commercially -zoned area be responsible for securing a building permit and assuring construction started for a commercial "ranch center" complex within one year from the official date of approval of the change of zone. Should this condition not be met, the Planning Director may act to rezone the land to an appropriate zoning classification. Sec. 7.06(h) The District Classification of the following area situated at Kapaau, North Kohala, Hawaii, shall be Single Family Residential (RS -15): Beginning at a pipe in concrete marked "453" at the northwest corner of this parcel of land, being also the southwest corner of the present North Kohala Civic Center and on the east side of Government Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUHOLA" being 6104.05 feet South and 9371.74 feet West, thence running by azimuths measured clockwise from True South: 1. 2770 40' 398.00 feet along the present North Kohala Civic Center to a pipe in concrete; 8-220 2. 70 34' 160.00 feet along Lot 225 (Map 16) of Land Court Application 1116; 3. 97' 40' 398.00 feet along Lot 225(Map 16) of Land Court Aoplication 1116; 4. 1870 34' 160.00 feet along the remainder of Grant 1547 to I. W. Naihe to the point of beginning and containing an Area of 1.462 Acres. All as outlined in red on the map marked 7.06(h) and made a part hereof. 8-221 Sec. 7.06(i) The District Classification of the following area situated at Kaauhuhu Homesteads, Second Series, Kaauhuhu, North Kohala, Hawaii, shall be Agricultural (A -la): All as outlined in red on the map marked 7.06(1) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subiect area be responsible for securing preliminary approval of a subdivision plan within one (1) year from the date of approval of the change of zone; and (B) a minimum of two (2) dwellings be under construction 8-222 Beginning at the northwest corner of this lot and also on the south boundary of a road easement, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 NALE" being 16,709.54 feet North and 4,286.61 feet East, thence running by azimuths measured clockwise from true South: 1. 2700 00' 300.00 feet along the south boundary of a road easement; 2. 1800 00, 50.00 feet along road easement; 3. 2700 00' 140.00 feet along road easement; Thence along a curve to the left with a radius of 535.00 feet, the chord azimuth and distance being: 4. 2630 22' 25.6" 124.10 feet along road easement; 5. 60 35' 485.98 feet along the west boundary of Hawi Road; 6. 900 00, 507.51 feet along the north boundary of Lot 81 of Grant 8650 to Chong Hing Tenn; 7. 1800 00, 418.49 feet along the east boundary of Lots 14 and 15 of a portion of Lot Number 82 of Kaauhuhu Homesteads Lots, Second Series, to the point of beginning and containing an area of 5.418 acres, or thereabouts. All as outlined in red on the map marked 7.06(1) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subiect area be responsible for securing preliminary approval of a subdivision plan within one (1) year from the date of approval of the change of zone; and (B) a minimum of two (2) dwellings be under construction 8-222 within three (3) years of the date of approval of this request. Should this condition not be met, action may be taken to nullify any subdivision approval and to reclassify the subject arra to a more appropriate designation. Sec. 7.06(j) The District Classification of the following area situated at Kaauhuhu Homesteads, Kaauhuhu, North Kohala, Hawaii, shall be Agricultural (A -3a): 8-223 Beginning at the west corner of this parcel of land, being also the north corner of Grant 9126 to Augusta Isaacs, on the southeasterly side of Kohala- Waimea Road (Old Main Government Road), the coordinates of which referred to Government Survey Triangulation Station "PW 0 MALE" being 2,503.30 feet North and 2,785.20 feet East and running by azimuths measured clockwise from true South: 1. 2510 50' 95.00 feet along the southeasterly side of Kohala-Waimea Road (Old Main Government Road); 2. 2290 40' 130.00 feet along the southeasterly side of Kohala-Waimea Road (Old Main Government Road); 3. 2130 40' 100.00 feet along the southeasterly side of Kohala-Waimea Road (Old Main Government Road); 4. 1940 00' 68.03 feet along the southeasterly side of Kohala-Waimea Road (Old Main Government Road); 5. 2340 40' 274.49 feet along the southeasterly side of New Main Government Road; 6. 2580 50' 48.69 feet along the southeasterly side of Kohala-Waimea Road (Old Main Government Road); 7, 2740 00' 92.90 feet along the southeasterly side of Kohala-Waimea Road (Old Main Government Road); 8. 2220 40' 210.00 feet along the southeasterly side of Kohala-Waimea Road (Old Main Government Road); 9. 2620 11' 297.00 feet along the southeasterly side of Kohala-Waimea Road (Old Main Government Road); 10. 2550 00, 65.00 feet along the southeasterly side of Kohala-Waimea Road (Old Main Government Road); 11. 1780 00' 193.27 feet along the southeasterly side of Kohala-Waimea Road (Old Main Government Road); Thence along the southeasterly side of New Main Government Road, on a curve to the right with a radius of 3,769.72 feet, the chord azimuth and distance being: 8-224 12. 2410 52' 30" 106.44 feet; 13. 3190 03' 1,081.68 feet along Lot 21 of Land Court Application 1122; 14. 490 40' 525.10 feet along Grant 9127 to Rose Martins and Grant S-14736; 15. 480 58' 991.00 feet along Grant S-14736 and Grant 6234 to Daniel Kaaeamoku Keohokapu; 16. 1400 11' 858.40 feet along Grant 9126 to Augusta Isaacs; 17. 1400 13' 349.60 feet along Grant 9126 to Augusta Isaacs to the point of beginning and containing a gross area of 39.17 acres and a net area of 37.27 acres after excluding and deducting Exclusions 1 and 2 (as shown on Map 3 of Land Court Application 1122). All as outlined in red on the map marked 7.06(7) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subject area be responsible for securing preliminary approval of a subdivision plan within one year from the date of approval of the change of zone; and (B) a minimum of four lots be developed with residential structures or under agricultural cultivation on a minimum of two acres within three (3) years from the date of approval of this request. Should this condition not be met, action may be taken to nullify any subdivision approval and to reclassify the subiect area to a more appropriate designation. Sec. 7.06(k) The District Classification of the following area situated at Kahei, North Kohala, Hawaii, shall be Single Family Residential (RS -15): Beginning at the northwest corner of this tract of land, at the southwest corner of Lot 11, Kahei House Lots and on 8-225 the east side of Government Road, the said point of beginning referred to Government Survey Triangu- lation Station "KAHEI" being 1155.69 feet South and 619.36 feet West, as shown on Government Survey Registered Map 4004, and running by azimuths measured clockwise from true South: 1. 2720 00' 1021.36 feet along Lots 11 to 4 2. 00° 40' 3. 2720 25' 4. 3170 25' 5. 2° 25' 6. 2720 25' 7. 2° 25' 8. 8° 40' 9. 2° 25' 10. 920 25' 11. 1220 40' 12. 840 50' 13. 174° 39' (inclusive), Kahei House lots; 40.02 feet along the west side of a 40 -foot road; 247.88 feet along the south side of a 40 -foot road. Thence following along the southwest side of a road along a curve to the right having a radius of 100.0 feet, the chord azimuth and distance being: 141.42 feet; 295.31 feet along the west side of a 40 -foot road; 340.00 feet along the south end of a 40 -foot road and along the south side of Executive Order 240 (Public Cemetery) to the west side of Kahei Road; 90.85 feet along the west side of Kahei Road; 367.42 feet along the west side of Kahei Road; 425.25 feet along the west side of Kahei Road; 324.03 feet along the remainder of General Lease 2759 to Kohala Sugar Company; 417.80 feet along the remainder of General Lease 2759 to Kohala Sugar Company; 836.89 feet along the remainder of General Lease 2759 to Kohala Sugar Company; 161.78 feet along the east side of Government Road; 14. 1750 08' 1057.42 feet along the east side of Government Road to the point of beginning and containing a total area of 40.95 acres. All as outlined in red on the map marked 7.06(k) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in two (2) increments, the first of which shall contain a maximum of forty (40) lots. Zoning for the second increment shall become effective after development has occurred on a minimum of twenty-three (23) lots. Development is defined as construction partially completed - partially completed in the sense of having roofs on the required twenty-three (23) units; (B) the petitioner be responsible for submitting and securing tentative approval of a subdivision plan substantially as submitted within one (1) year of the date of approval of the change of zone; (C) a minimum of three (3) acres be set aside and improved by the petitioner for active recreational purposes. Improvement of the recreational area shall include but not necessarily be limited to the area being graded and grassed. The subject park area shall be a part of the second increment and its location, con- figuration, and improvements shall be determined by the Planning and Parks and Recreation Departments at the time of subdivision review; and (D) the development plan shall be fitted to the soil and topography to keep amount of grading to a minimum and create the least erosion potential. Exposed areas shall be kept to the shortest practical time. Permanent vegetation and drainage structures shall be installed as soon as possible during construction activities. Sec. 7.07 Hawi-Kapaau Zone Map, marked thereupon as Sec. 7.07. 8-227 Sec. 7.07(a) The District Classification of the following area situated at Kahei and Kaauhuhu, North Kohala, Hawaii, shall be Limited Industrial (ML -20): Beginning at an iron pipe at the southeast corner of this tract of land, the northeast corner of Grant 8386 to Union Church of Kohala, and on the west side of Hoea Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHEI" being 663.48 feet south and 1060.72 feet east, as shown on Government Survey Registered Map 2366, thence running by azimuths measured clockwise from true South: 1. 990 10, 320.99 feet along Grant 8386 to Union Church of Kohala; 2. 1800 40' 279.09 feet along Grant 9207 to Fred C. Koelling (Lot 20 of Kahei House Lots); 3. 1290 30' 76.54 feet along Grant 9207 to Fred C. Koelling (Lot 20 of Kahei House Lots); 4. 2600 20' 383.30 feet along Lot 6 of Land Court Application 1120 and Grant 11179 to Kohala Sugar Company; 5. 000 40' 443.30 feet along the west side of Hoea Road to the point of beginning and containing an area of 2.89 acres. All as outlined in red on the map marked 7.07(a) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the subiect property secure a building permit and begin construction of permanent structures within one (1) year from the date of approval of the change of zone request. Sec. 7.08 Halaula-Niulii Zone Map, marked thereupon as Sec. 7.08. Sec. 7.09 Kamuela Zone Map, marked thereupon as Sec. 7.09. Sec. 7.09(a) The District Classification of the following area situated at Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS -10): Beginning at the northwest corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 2,170.04 feet south and 4,394.20 feet west and running by azimuths measured clockwise from true South: 1. 2770 30' 451.70 feet along Grant 7276 to Eunice F. Lindsay, Grant 7250 to Kaliko Mainaaupo, Grant 6305 to Kaliko Mainaaupo and Grant 6304 to William Hoch; 2. 70 30' 400.00 feet along Government Land; 3. 970 30' 451.70 feet along Government Land; 4. 1870 30' 400.00 feet along remainders of Grant 7852 to William M. S. Lindsay and Grant 6307 to Joseph K. Miller to the point of beginning and containing an area of 4.147 acres. All as outlined in red on the map marked 7.09(a) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the subject property submit a subdivision plan and secure preliminary approval no later than one year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the area to its former designation. Sec. 7.09(b) The following area situated at Waimea, South Kohala, Hawaii, shall be Single -Family Residential (RS -15): Beginning at the east corner of this lot, being the west corner of Hokuula Road and a 20 foot road reservation, the coordinatFs of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 558.41 feet south and 3380.58 feet west as shown on Government Survey Registered Map No. 2470 and running by true azimuths: 8-229 1. 550 09, 193.3 feet along Hokuula Road; 2. 970 30' 226.8 feet along Hokuula Road; 3. 1870 30' 535.7 feet along Lot 16, Block 1 to an unmarked point; 4. 325° 09' 547.7 feet along 20 foot road reservation to the point of beginning. Area: 2.61 acres. All as outlined in red on the map marked 7.09(b) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the subiect area submit a subdivision plan and secure preliminary approval no later than one year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the area to its former designation. Sec. 7.09(c) The District Classification of the following area situated at Puukapu Homesteads, Waimea, South Kohala, Hawaii, shall be Agricultural (A -la): Beginning at the west corner of this parcel of land and on the southerly boundary of land owned by the State of Hawaii, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 187.23 feet North and 254.79 feet East, and running by azimuths measured clockwise from true South: 1. 2180 54' 284.26 feet along the southeasterly boundary of land owned by the State of Hawaii; 2. 1980 00, 120.00 feet along same; 3. 3290 07' 420.74 feet along the easterly boundary of Grant 4210; 4. 590 07' 357.15 feet along lot "J"; 5. 1490 07' 243.59 feet along the easterly side of a 30 -foot road right-of- way to the point of beginning and containing an area of 2.584 acres. 8-230 All as outlined in red on the map marked 7.09(c) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of this subject property submit a subdivision plan and secure preliminary approval within one (1) year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the property to its former designation. Sec. 7.09(d) The District Classification of the following area situated at Puukapu Homesteads, Waimea, South Kohala, Hawaii, shall be Neighborhood Commercial (CN -7.5): Beginning at the east corner of this parcel of land and on the northerly side of Government Main Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 757.30 feet south and 663.06 feet east, and running by azimuths measured clockwise from true south: 1. 700 21' 139.00 feet along the northerly side of Government Main Road; 2. 1490 07' 436.00 feet along the remainder of Grant 4210 to Elizabeth W. Lyons; 3. 2500 21' 133.93 feet along the remainder of Grant 4210 to Elizabeth W. Lyons; 4. 3270 30' 30" 177.06 feet along the remainder of Grant 4210 to Elizabeth W. Lyons; B-231 5. 3290 07' 260.00 feet along the remainder of Grant 4210 to Elizabeth W. Lyons to the point of beginning and containing an area of 59,006 square feet or 1.335 acres. All as outlined in red on the map marked 7.09(d) and made a part hereof. Sec. 7.09(e) The District Classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Village Commercial (CV -7.5): Beginning at the east corner of this parcel of land on the boundary line of the lands of Waikoloa and Puukapu, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 2,685.79 feet South and 633.20 feet West and running by azimuths measured clockwise from true South: 1. 250 48' 99.72 feet along Deed: Hawaiian Homes Commission to Richard Smart, dated July 7, 1956, Liber 3138, Page 426 (Land Office Deed 13,719); 2. 700 05' 370.00 feet along Grant 5978 to Kahoohanohano and remainder of Land Commission Award 8521-B, Apana 1 to G. D. Hueu; 3. 1500 30' 614.03 feet along remainder of Land Commission Award 8521-B, Agana 1 to G. D. Hueu; 4. 2350 00' 217.11 feet along remainder of Land Commission Award 8521-B, Apana 1 to G. D. Hueu; 5. 3100 40' 680.00 feet along remainder of Land Commission Award 8521-B, Anana 1 to G. D. Hueu to the point of beginning and containing a net area of 214,080 square feet after excluding and deducting the 75.00 feet by 100.00 feet Gas Holder Station Lot (Tax Map Key 6-7-02-34, 3rd Division.) All as outlined in red on the map marked 7.09(e) and made a part hereof. 8-232 This section shall take effect forthwith upon the condition that the owner or lessee of the subject area be responsible for securing a building permit and beginning construction of the proposed building within one (1) year from the date of approval of the change of zone. Construction is defined as the actual placing of construction materials in their permanent position and fastened in a permanent manner. Should this condition not be met, action may be taken to rezone the land to an appropriate zoning classification. r1w*193 Sec. 7.09(f) The District Classification of the following area situated at Puukapu Homesteads, 2nd Series, South Kohala, Hawaii, shall be Agricultural (A -3a): Beginning at the northwesterly corner of this parcel of land on the southerly side of Mamalahoa Highway, being also the northeasterly corner of Lot 1 of Kamuela Haven, File Plan 710, the coordinates of which referred to Government Survey Triangulation Station "EAST BASE" being 6,761.41 feet North and 2,363.91 feet East and running by azimuths measured clockwise from true South: 1. 2530 50' 367.49 feet along the southerly side of Mamalahoa Highway; 2. 3460 10' 820.00 feet along remainder of Grant 7402 to Piko Bell; 3. 2560 10' 8.00 feet along remainder of Grant 7402 to Piko Bell; 4. 3460 10' 2,293.49 feet along Land Court Application 1629, Amended; 5. 760 10' 375.19 feet along lot 4, Puukapu Pasture Lots; 6. 1660 10' 3,098.53 feet along Lots 37 to 1, inclusive, of Kamuela Haven, File Plan 710 to the point of beginning and containing an area of 26.60 acres. All as outlined in red on the map marked 7.09(f) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in two (2) increments. The first increment shall consist of four (4) lots and the second, the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permits issued for a residential dwelling unit and construction partially completed - partially completed in a sense of having a roof on that unit. This together with the existing residence would assure a minimum 8-234 of twenty-five (25) per cent housing development on the total number of lots; and (B) the owner or lessee of the subject area be responsible for submitting and securing preliminary approval of a subdivision plan within one (1) year from the date of approval of the change of zone request. Should this condition not be met, action may be taken to rezone the area to a more appropriate zoning classification. B-235 Sec. 7.10 Kawaihae-Puako Zone Map, marked thereupon as Sec. 7.10. Sec. 7.10(a) The District Classification of the following area situated at Ouli, South Kohala, Hawaii, shall be Resort -Hotel Zone (V-1.25): Beginning at a point at the southeast corner of this land at the common boundary between the lands of Ouli and Lalamilo, being also the makai side of the Kawaihae-Puako Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUAKO" being 6139.03 feet north and 2724.83 feet east and running by azimuths measured clockwise from true south: 1. 64° 53' 471.32 feet along Hapuna Park 8-236 (Governor's Executive Order No. 1487): 2. 930 27' 30" 474.98 feet along Hapuna Park (Governor's Executive Order No. 1487)" 3. 171° 10' 108.88 feet; - Thence along a curve to the right with a radius of 420.00 feet, the chord azimuth and distance being: 4. 1960 00' 352.78 feet; 5. 1580 25' 20" 552.00 feet; Thence along a curve to'the right with a radius of 420.00 feet, the chord azimuth and distance being: 6. 1180 42' 364.49 feet; 7. 1440 25' 1.20.00 feet; 8. 225° 39' 30" 154.00 feet along the southwest _ boundary of Robert J. Young lot; 9. 2690 34' 774.97 feet along the south boundary of Robert J. Young lot; Thence along the makai side of the Kawaihae-Puako Road, along a curve to the left with a radius of 130.30 feet, the chord azimuth and distance being: 8-236 10. 321° �-,0' 36" 152.05 feet; 11. 311° 40' 416.19 feet along the makai side of the Kawaihae-Puako Road; Thence along the makai side of the Kawaihae-Puako Road, alona a curve to the right with a radius of 501.70 feet, the chord azimuth and distance being: 12. 339° 17' 465.13. feet; 13• 60 54' 345.96 feet along the makai side of the Kawaihae-Puako Road to the point of beginning and containing an area of 28.16 acres more or less. All as outlined in red on the map marked 7.10(a) and made a part hereof. Sec. 7.10(b) The District Classification of the following area situated at Ouli, South Kohala, Hawaii, shall be Open Zone: Beginning at a point at the southeast corner of this parcel of land being also the north bounda_y of Hapuna Park (Governor's Executive Order No. 1487), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUAKO" being 5967.62 feet north and 1823.96 feet east and running by azimuths measured clockwise from true south: 1. 93° 27' 30" 267.94 feet along Hapuna Park (Governor's Executive Order No. 1487) to a point at seashore; Thence following along the seashore in all its windings along highwater nark, the direct azimuth and distance between points being: 2. 1580 25' 20" 986.97 feet; 3. 173° 11' 165.00 feet along the southeast boundary of Robert J. Young lot; 4. 225° 39' 30" 192.94 feet along the south boundary of Robert J. Young lot; 5. 3240 25' 120.00 feet; 8-237 I raw Thence along a curve to the left with a radius of 420.00 feet, the chord azimuth and distance being: 6. 2980 42' 364.49 feet; 7. 3380 25' 20" 552.00 feet; Thence along a curve to the left with a radius of 420.00 feet, the chord azimuth and distance being: 8. 160 00' 352.78 feet; 9. 3510 10' 108.88 feet to the point of beginning and containing an area of 7.46 - acres more or less. All as outlined in red on the map marked 7.10(b) and made a part hereof. Sec. 7.10(B-1) The District Classification of the following area situated at Ouli, South Kohala, Hawaii, shall be Single Family Residential (RS -20): Beginning at the northeast corner of this parcel of land, on the west side of the Kawaihae- Puako Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUP -KO" being 10677.09 feet north and 5420.45 feet east and running by azimuths measured clockwise from true south: 1. 11' 15' 368.99 feet along the west side of the Kawaihae-Puako Road; 2. 1010 15' 35.00 feet along a jog in the west side of the Kawaihae-Puako Road; 3. 110 15' 350.00 feet along the west side of the Kawaihae-Puako Road; 4. 2810 15' 35.00 feet along a jog in the west side of the Kawaihae-Puako Road; 5. 110 15' 350.00 feet along the 'west side of the Kawaihae-Puako Road; 6. 1010 15' 20.00 feet along a jog in the west side of the Kawaihae-Puako Road; raw 7. 110 15' 250.00 feet along the west side of the Kawaihae-Puako Road; B. 2810 15' 20.00 feet along a jog in the west side of the Kawaihae-Puako Road; 9. 110 15' 450.00 feet along the west side of the Kawaihae-Puako Road; 10. 1010 15' 15.00 feet along a jog in the west side of the Kawaihae-Puako Road; 11. 110 15' 700.00 feet along the west side of the Kawaihae-Puako Road; 12. 2810 15' 15.00 feet along a jog in the west side of the Kawaihae-Puako Road; 13. 110 15' 170.00 feet along the west side of the Kawaihae-Puako Road; 14. 1010 15' 150.00 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 15. 490 08' 555.00 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 16. 1390 08' 285.70 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 17. 2070 27' 30" 408.01 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 18. 1590 51' 30" 358.61 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 19. 1510 30' 50" 468.95 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 20. 2530 20' 52.73 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 21. 1620 49' 54.30 feet along the remainder of R.P. 2237_, L.C. Aw. 8518-B to Kanehoa; 22. 1420 59' 72.35 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 8-239 23. 144° 05' 30" 158.14 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 24. 1200 25' 50" 219.97 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 25. 1810 32' 40" 93.34 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 26. 223° 39' 30" 229.16 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 27. 201° 43' 50" 160.31 feet along the remainder of R.P-: 2237, L.C. Aw. 8518-B to Kanehoa; 28. 298° 24' 30" 180.00 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 29. 223° O1' 20" 187.49 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 30. 2580 55' 40" 219.98 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 31. 2180 09' 10" 133.44 feet along the remainder of R.P. 2237, L.C. Ava. 8518-B to Kanehoa; 32. 1330 51' 40" 581.51 feet along the remainder of R.P. 2237, L.C. Ava. 8518-B to Kanehoa; 33• 1340 03' 30" 215.19 feet along the remainder of R.P. 2237, L.C. Aw. 851.8-B to Kanehoa; 34. 158° 47' 30" 498.28 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 35. 231° 33' 10" 256.84 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 36. 198° 04' 168.74 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 8-240 37. 312° 20' 20" 158.61 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 38. 2890 51' 295.00 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 39. 2960 41' 447.70 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 40. 2810 15' 462.07 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 41. 11' 15' 178.00 feet along the remainder of R.P. 2237, L.C. Aw. 8518-B to Kanehoa; 42. 2810 15' 205.94 feet to the point of beginning and containing an area of 78.039 acres. All as outlined in red on the map marked 7.10(8-1) and made a part hereof. Sec. 7.10(B-2) The District Classification of the following area situated at Ouli, South Kohala, Hawaii, shall be single family residential (RS -20): Beginning at a point at the northeast corner of this parcel of land at the common boundary between the lands of Ouli and Kawaihae 2nd, being also the west side of the Kawaihae-Puako Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUPKO" being 12755.18 feet north and 5795.12 feet east and running by azimuths measured clockwise from true south: 1. 110 15' 283.86 feet along the west side of Kawaihae-Puako Road; 2. 2810 15' 35.00 feet along ajog in the west side of Kawaihae-Puako Road; 3. 11° 15' 950.00 feet along the west side of Kawaihae-Puako Road; 4. 1010 15' 20.00 feet along a jog in the west side of Kawaihae-Puako Road; 5. 110 15' 628.76 feet alono the west side of Kawaihae-Puako Road; 8-241 6. 1010 15 659.11 feet; -. 7. 120° 53' 391.50 feet; 8. 1070 15' 276.50 feet; 9. 132° 40' 180.54 feet; 10. 132° 51' 342.08 feet; 11. 204- 59' 30" 126.07 feet; 12. 1790 12' 20" 213.09 feet; 13. 237° 47' 10" 161.15 feet; 14. 2740 28' 10" 176.00 feet; 15. 2800 19' 40" 597.19 feet; 16. 2210 12' 20" 87.01 feet; 17. 147° 30' 50" 267.97 feet; 18. 223° 53' 30" 200.00 feet; 19. 1800 24' le" 89.06 feet; 20. 1280 50' 30" 85.79 feet; 21. 78° 38' 30" 324.64 feet; 22. 880 38' 30" 318.05 feet; 23. 1000 07' 50" 558.73 feet; 24. 1070 47' 20" 549.89 feet; 25. 61° 30' 90.00 feet; 26. 16° 30' 60.00 feet; 27. 132° 56' 30" 105.90 feet; 28. 241° 30' 630.00 feet; 29. 1800 00' 120.00 feet to a point in the center of Waiulaula Gulch; Thence up the middle of Waiulaula Gulch following all its windings, the direct azimuth and distance being: 30. 2790 26' 44" 2405.74 feet to the point of beginning and containing an area of 74.38 acres. 8-242 U All as outlined in red on the map marked 7.10(B-2) and made a part hereof. Sec. 7.10(c) The District Classification of the following area situated at Ouli, Waimea, South Kohala, Hawaii, shall be Resort -Hotel (V-1.25): Beginning at the north corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUAKO" being 11,717.70 feet north and 1,686.07 feet east and running by azimuths measured clockwise from true south: 8-243 Along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa along a curve to the left with a radius of 420.00 feet, the chord azimuth and distance being: 1. 3290 11' 25" 205.92 feet; 2. 3150 00' 571.50 feet along the remainder of R. P. 2237, L. C. Aw, 8518-H to Kanehoa; Thence along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa along a curve to the right with a radius of 168.50 feet, the chord azimuth and distance being: 3. 3350 15' 116.64 feet; 4. 3550 30' 110.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 5. 2650 30' 113.47 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 6. 3150 00' 397.33 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 7. 450 00' 120.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; S. 3150 00' 58.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 8-243 9. 10. 11 12 13 14 15 16 :�ZL! Thence along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa along a curve to the right with a radius of 201.25 feet, the chord azimuth and distance being: 3370 30' 154.03 feet; 00 00, 153.80 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; Thence along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa along a curve to the right with a radius of 60.00 feet, the chord azimuth and distance being: 190 30' 40.06 feet; Thence along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa along a curve to the left with a radius of 185.00 feet, the chord azimuth and distance being: 190 30' 123.51 feet; Thence along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa along a curve to the right with a radius of 85.00 feet, the chord azimuth and distance being: 410 30' 112.65 feet; 830 00' 37.27 feet along the remainder of R. P. 2237, L. C. Aw, 8518-B to Kanehoa; Thence along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa along a curve to the left with a radius of 105.00 feet, the chord azimuth and distance being: 500 45' 112.06 feet; 180 30' 22.77 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; :�ZL! 8-245 Thence along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa along a curve to the right with a radius of 70.00 feet, the chord azimuth and distance being: 17. 600 45' 94.13 feet; 18. 1030 00' 78.27 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; Thence along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa along a curve to the left with a radius of 180.00 feet, the chord azimuth and distance being: 19. 910 30' 71.77 feet; Thence along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa along a curve to the right with a radius of 95.00 feet, the chord azimuth and distance being: 20. 1030 30' 75.76 feet; 21. 1270 00' 137.80 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; Thence following along the 40 -foot shoreline setback line in all its windings for the next seven courses, the direct azimuths and distances being: 22. 2000 15' 154.35 feet; 23. 182° 38' 293.23 feet; 24. 1680 18' 217.57 feet; 25. 1480 20' 304.37 feet; 26. 920 55' 06" 226.46 feet; 27. 1130 53' 37" 367.79 feet; 28. 1880 10' 90.20 feet; 8-245 29. 2350 38' 374.00 feet along the remainder of referred to Government Survey Triangulation R. P. 2237, L. C. Aw. 8518-B feet north and 1,703.00 feet east and running by to Kanehoa; clockwise 30. 1330 37' 106.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 2. 3150 00' 330.00 to Kanehoa; 31. 2260 00' 100.00 feet along the remainder of to Kanehoa; 3. 3400 12' 187.88 R. P. 2237, L. C. Aw. 8518-B R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 32. 1600 00' 183.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B R. P. 2237, L.C. Aw. 8518-B to Kanehca; 5. 45° 00' 160.00 to Kanehoa; 33. 2450 00' 158.00 feet along the remainder of to Kanehoa; 6. 1350 00' 620.00 R. P. 2237, L. C. Aw. 8518-3 R. P. 2237, L. C. Aw. 8518-B to Kanehoa to the point of to Kanehoa to the point of beginning and containing a area of 4.582 acres. gross area of 23.258 acres and a net area of 16.577 acres, after excluding and deducting Exclusions A and B described as follows: EXCLUSION A [ W1101 Beginning at the west corner of this parcel of land, the coordinates of said pointofbeginning referred to Government Survey Triangulation Station "PUAKO" being 11,050.00 feet north and 1,703.00 feet east and running by azimuths measured clockwise from true South: 1. 2250 00' 360.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 2. 3150 00' 330.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 3. 3400 12' 187.88 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 4. 00 00' 169.71 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehca; 5. 45° 00' 160.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 6. 1350 00' 620.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa to the point of beginning and containing an area of 4.582 acres. [ W1101 EXCLUSION B Beginning at the west corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUAKO" being 10,540.88 feet north and 2,212.12 feet east and running by azimuths measured clockwise from true south: 1. 2250 00' 160.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 2. 3150 00' 380.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 3. 00 00, 250.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 4. 1110 01' 219.68 feet along the remainder of R. P. 2237, L. C. Aw. 8518-B to Kanehoa; 5. 1800 00, 150.00 feet along the remainder of R. P. 2237, L. C. Aw. 8518-3 to Kanehoa; 6. 1350 00' 250.00 feet along the remainder of R. P. 2237, L. C. Aw, 8518-B to Kanehoa to the point of beginning and containing an area of 2.099 acres. All as outlined in red on the map marked 7.10(c) and made a part hereof. Sec. 7.11 Hamakua District Zone Map, marked thereupon as Sec. 7.11. Sec. 7.12 Hamakua District Homesteads Area Zone MaD, marked thereupon as Sec. 7.12. Sec. 7.12(a) The District Classification of the following area situated at Kaao Homesteads, Hamakua, Hawaii, shall be Agricultural (A -la): Beginning at the north corner of this parcel of land at the west corner of Grant 8579 and on the east side of Pikake Street the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAAO" being 2753.72 feet South and 221.74 feet West and running by azimuths measured clockwise from true South: 8-247 1. 2940 58' 327.00 feet along Grant 8579; 2. 240 58' 828.24 feet along remainder of Lot 41, Grant 9430; 3. 1420 36' 308.89 feet along Pikake Street; 4. 2030 20' 425.40 feet along Pikake Street; 5. 1950 57' 263.00 feet along Pikake Street to the point of beginning and containing an area of 5.007 acres. All as outlined in red on the map marked 7.12(a) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subiect area submit a subdivision plan for preliminary approval within one (1) year from the date of approval of the subject request; and (B) another dwelling be constructed on one of the lots within three (3) years. Should these conditions not be met, action may be taken to nullify any subdivision approval and to reclassify the subject area to a more appropriate designation. Sec. 7.12(b) The District Classification of the following area situated at Kaao Homesteads, Hamakua, Hawaii, shall be Agricultural (A -la): Beginning at the north corner of this parcel of land and at the intersection of two Homestead Roads, the coordinates of said point of beginning raferred to Government Survey Triangulation Station "KAAO" being 3428.80 feet South and 476.10 feet West, and running by azimuths measured clockwise from true South: 1. 3220 36' 473.00 feet along the southwest side of a Homestead Road; 2. 510 55' 245.00 feet along the northwest bank of gulch; 3. 310 30' 143.78 feet along the northwest bank of gulch; [:arzn 4. 1550 06' 50" 368.77 feet along the remainder of Grant 9732; 5. 2030 20' 343.00 feet along the southeast side of a Homestead Road to th, point of beginning and containing an area of 3.00 acres. All as outlined in red on the map marked 7.12(b) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subject area submit a subdivision plan for preliminary approval within one (1) year from the date of approval of the subject request, and (B) one (1) dwelling be constructed on one of the lots within three (3) years. Should these conditions not be met, action may be taken to nullify any subdivision approval and to reclassify the subiect area to a more appropriate designation. Sec. 7.13 Haina-Honokaa-Kukuihaele Zone Map, marked thereupon as Sec. 7.13. F� Sec. 7.13(a) The District Classification of the following area situated at Kaao Homesteads, Hamakua, Hawaii, shall be Village -Commercial: Beginning at the west corner of this parcel of land, being also the east corner of the Hawaii Belt Road-Pakalana Street intersection, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAAO" being 1252.46 feet south and 373.98 feet west and running by azimuths measured clockwise from true south: 1. 1930 49' 131.94 feet along the east side of Pakalana Street; 2. 2830 49' 150.00 feet along the south side of Kou Street; 3. 130 49' 151.51 feet along Lot 73-A of Teixeira Subdivision; 4. 1110 15' 151.27 feet along the north side of Hawaii Belt Road to the point of beginning and containing an area of 21,259 square feet more or less. All as outlined in red on the mao marked 7.13(a) and made a part hereof. Sec. 7.13(b) The District Classification of the following area situated at Haina, Hamakua, Hawaii, shall be Village Commercial (CV -10): Beginning at an iron bar on the southerly boundary of this parcel of land and at the northwest corner of Land Court Application 1232, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAAO" being 1945.20 feet North and 2013.33 feet West, and running by azimuths measured clockwise from true South: 1. 1000 43' 25.00 feet along the remainder of Grant 3156:1 to W. H. Richard to a pine; 2. 1930 15' 27.42 feet along the remainder of Grant 3156:1 to W. H. Rickard to a pine; 8-250 3. 1030 15' 138.11 feet along the remainder of Grant 3156:1 to W. H. Rickard to a pipe on the easterly side of the Government Road to Haina; 4. 1950 32' 10" 266.49 feet along the easterly side of the Government Road to Haina to a steel bar; 5. 2810 12' 20" 220.42 feet along the remainder of Grant 3156:1 to W. H. Rickard to a pipe; 6. 110 12' 20" 299.52 feet along the remainder of Grant 3156:1 to W. H. Rickard to a spike at the northeast corner of Land Court Aoolication 1232; 7. 1020 26' 78.51 feet along the northerly boundary of Land Court Aoolication 1232 to the point of beginning and containing an area of 1.491 acres. All as outlined in red on the map marked 7.13(b) and made a part hereof. Sec. 7.13(b-2) The District Classification of the following area situated at Haina, Hamakua, Hawaii, small be Village Commercial (CV -10): Beginning at a pipe at the northwest corner of this parcel of land and on the east side of Lehua Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAAO" being 1987.44 feet north and 2171.83 feet west, and running by azimuths measured clockwise from true South: 1. 2830 15' 41.00 feet along the remainder of Grant 3156:1 to W. H. Rickard to a pine; 2. 130 15' 7.00 feet along the remainder of Grant 3156:1 to W. H. Rickard to a pine; 3. 1030 15' 41.00 feet along the remainder of Grant 3156:1 to W. H. Rickard to a pine; 8-251 4. 1930 15' 7.00 feet along the easterly side of Lehua Street to the point of beginning and containing an area of 287 square feet. All as outlined in red on the map marked 7.13(b-2) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subiect property submit a subdivision plan and secure tentative approval for three (3) lots, each approximately 21,700 square feet in size; and (B) the owner or lessee of the subiect property be responsible for securing a building permit and assuring construction started on a minimum of two (2) of the subdivided lots within one (1) year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject property to its former designation. Sec. 7.14 Paauilo-Kukaiau Zone Map, marked thereupon as Sec. 7.14. Sec. 7.15 North Hilo District Zone Map, marked thereupon as Sec. 7.15. Sec. 7.15(a) The District Classification of the following area situated at Kihalani, North Hilo, Hawaii, shall be Single Family Residential (RS -10): Beginning at the northwest corns of this parcel of land and on the south side of the Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PAPAALOA" being 4755.00 feet north and 48.66 feet east, and running by azimuths measured clockwise from true South: 1. 2870 55' 81.70 feet along the Mamalahoa Highway; 2. 2930 04' 190.00 feet along the Mamalahoa Highway; 8-252 3. 9° 00' 60.00 feet along the Papaaloa Homesteads Road; 4. 770 O1' 296.10 feet along the Papaaloa Homesteads Road; 5. 1350 37' 84.20 feet along the remainder of Parcel "A;' 6. 2120 35' 192.00 feet along the remainder of Parcel "A" to the point of beginning and containing an area of 1.10 acres. All as outlined in red on the map marked 7.15(a) and made a part hereof. Sec. 7.16 Ookala Zone Map, marked thereupon as Sec. 7.16. 8-253 Sec. 7.16(a) The District Classification of the following area situated at Ookala, North Hilo, Hawaii, shall be General Industrial (MG -la): Beginning at the west corner of this parcel of land, and on the north corner of former Ookala School Lot, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HUMUULA" being 6158.90 feet north and 2288.64 feet west, thence running by azimuths measured clockwise from true South: 1. 2070 35' 96.11 feet along the remainder of Grant 2467 to Hanehane and Kaawapuupuuole; 2. 2930 00' 166.00 feet along the remainder of Grant 2467 to Hanehane and Kaawapuuouuole; 3. 270 35' 109.37 feet along the remainder of Grant 2467 to Hanehane and Kaawapuupuuole; 4. 1170 35' 165.47 feet along remainder of former Ookala School Lot to the point of beginning and containing an area of 17,000 square feet. All as outlined in red on the map marked 7.16(a) and made a part hereof. Sec. 7.17 Lauoahoehoe-Ninole Zone Map, marked thereupon as Sec. 7.17. Sec. 7.18 Puna District Zone Mao, marked thereupon as Sec. 7.18. Sec. 7.18(a) The District Classification of the following area situated at Kapoho, Halekamahina, Puua, Puna, Hawaii, shall be Agricultural (A -la): Beginning at the northwest corner of this parcel of land, being a point on the east boundary of the Nanawale Farm Ranch Lands Subdivision, F. P. 644, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPOHO" being 617.28 feet north and 20621.98 feet west and running by azimuths measured clockwise from true South: 8-254 1. 3040 30' 415.00 feet along the remainder of R. P. 7788, L. C. Aw. 8452, Agana 15 to A, Keohokalole; 2. 2350 06' 400.00 feet along same; 3. 2440 50' 375.00 feet along same; 4. 2470 16' 500.00 feet along same; 5. 1550 26' 300.00 feet along same; 6. 1750 00' 475.00 feet along same; 7. 1950 40' 1450.00 feet along same; 8. 2090 201 350.00 feet along same; 9. 2250 42' 4380.00 feet along same; 10. 2420 55' 525.00 feet along same; 11. 2630 52' 1785.00 feet along same; 12. 2880 05' 480.00 feet along same; 13. 3310 18' 1325.00 feet along same; 14. 3590 05' 540.00 feet along same; 8-255 15. 380 50' 16. 308° 50' 17. 38° 50' 18. 308° 50' 19. 540 45' 20. 680 22' 21. 38° 50' 22. 316° 30' 23. 330° 00' 24. 359° 10' 25. 180 51' 26. 280 15' 27. 40' 30' 28. 53° 28' 29. 66° 30' 30. 3380 25' 30" 31. 410 36' lo" 32. 64° 15' 800.00 feet along same; - 100.00 feet along same; 454.84 feet along same; 226.36 feet along same; 549.59 feet along Lot 29 of the Chow Subdivision, being also along the remainder of R.P. 7788, L.C. Aw. 8452, Apana 15 to A. Keohokalole; 500.00 feet along the remainder of R.P. 7788, L.C. Aw. 8452 Apana 15 to A. Keohokalole; 675.00 feet along same; 435.00 feet along same; 2600.00 feet along portions of R.P. 7788, L.C. Aw. 8452; Apana 15 to A. Keohokalole and R.P. 7483 Apana 3, L.C. Aw. 4452 Apana 1 to H. Kalama; 215.00 feet along the remainder of R.P. 7483, Apana 3, L.C. Aw. 4452, Apana 1 to H. Kalama; 265.00 feet along same; 225.00 feet along same; 185.00 feet along same; 200.00 feet along same; 639.58 feet along same; 1247.84 feet along portions of R.P. 7483, Apana 3, L.C. Aw. 4452, Apana 1 to H. Kalama and R.P. 4497 and L.P. 8177 and L.C. Am. 8559, Apana 5 to C. Kanaina; 267.25 feet along the remainder of R.P. 4497 and L.P. 8177, L.C. Aw. 8559, Apona 5 to C. Kanaina; 189.23 feet along same to the north side of the Kapoho-Pahoa Government Road; 8-256 33 M 940 26' 940 41' 35. 790 37' 36. 680 33' 37. 1540 48' 38. 640 48' 39. 3340 48' 40. 640 48' 41. 560 48" 429.64 feet along the north side of the Kapoho-Pahoa Government Road; Thence along the north side of the Kapoho-Pahoa Government Road on a curve to the left with a radius of 1558.85 feet, the chord azimuth and distance being: 203.82 feet; Thence along the north side of the Kapaho-Pahoa Government Road on a curve to the left with a radius of 1175.92 feet, the chord azimuth and distance being: 299.51 feet; Thence along the north side of the Kapoho-Pahoa Gov ernment Road on a curve to the left with a radius of 1558.15 feet, the chord azimuth and distance being: 203.82 feet to the southeast corner of Lot A; 643.91 feet along Lot A, being also Portions of R.F. 7483, Apana 3, L.C. Aw. 4452 Apana 1 to H. Kalama and R.P. 4497 and L.P. 8177 L.C. Aw. 8559 Apana 5 to C. Kanaina; 338.59 feet along same; 643.37 feet along same to the north side of the Kapoho-Pahoa Government Road; 2311.75 feet along the north side of the Kapoho-Pahoa Government Road; Thence along same along a curve to left with a radius of 1667.02 feet, the chord azimuth and distance being: 464.01 feet; 8-257 42. 460 48' 503.52 feet along the north side of the Kapoho-Pahoa Government Road; Thence along same along a curve to right with a radius of 2261.83 feet, the chord azimuth and distance being: 43. 550 18' 512.09 feet; 44. 610 48' 70.65 feet along the north side of the Kapoho-Pahoa Governmen` Road; 45. 151° 48' 10.00 feet along same; 46. 610 48' 165.00 feet along same; 47. 331° 48' 10.00 feet along same; 48. 61° 48' 1700.64 feet along same; Thence along same along a curve to the right with aradius of 2261.83 feet, the chord azimuth and distance being: 49. 690 22' 45" 596.65 feet; 50. 760 57' 30" 1569.94 feet along same to the easterly boundary of the Nanawale Forest Reserve Part 3; 51. 1410 34' 50" 688.82 feet along portion of Nanawale Forest Reserve Part 3; 52. 2640 09' 228.56 feet along the south side of Lava Tree Park; 53• 3120 57' 30" 244.69 feet along the south side of Lava Tree Park; - 54. 295° 53' 133.20 feet along the south side of Lava Tree Park; 55. 251° 09' 30" 601.61 feet along the south side of Lava Tree Park; 56. 2390 40' 123.63 feet along the south side of Lava Tree Park; 57. 1600 56' 30" 454.56 feet along the south side of Lava Tree Park; 58. 1270 54' 689.62 feet along the northeast side of Lava Tree Park and portion of R.P. 7483, Apana 3, L.C. Aw. 4452 Apana 1 to H. Kalama; 59. 2280 16' 50" 780.16 feet along remainder of R.P. 7483 Apana 3, L.C. Aw. 4452 Apana 1 to H. Kalama; 60. 2250 42' 310.56 feet along same; 61. 1090 38' 50" 912.20 feet along same; 62. 199° 38' 50" 1055.56 feet along same; 63. 101° 48' 30" 41.33 feet along a portion of R.P. 7788, L.C. Aw. 8452 Apana 15 to A. Keohokalclo; 64. 197- 35' 54" 3243.01 feet along portion of Nanawale Farm Ranch Lands, F.P. 644 to the point of beginning and containing an area of 1501.611 acres. All as outlined in red on the map marked 7.18(a) and made a part hereof. Sec. 7.18(b) The District Classification of the following area situated at Kurtistown, Olaa, Puna, Hawaii, shall be Agricultural (A -10a): Beginning at the northeast corner of this parcel of land, being also the southeast corner of Lot 85 (Grant 6142 to Ruth Richardson Guard) of the Kaihenui Settlement Association Lots, and on the west side of 13 -Mile Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA" being 5193.65 feet south and 6944.57 feet west, and thence running by azimuths measured clockwise from true south: 1. 30° 00' 77.00 feet along the west side of 13 -Mile Road; 2. 36° 00' 71.00 feet along same; 3. 100 56' 48.20 feet along same; 4. 420 10' 80.00 feet along the northwest side of abandoned railroad right- of-way; Thence along same on a curve to the left with a radius of 593.00 feet, the chord azimuth and distance being: 8-259 5. 280 04' 50" 288.65 feet; 6. 800 30' 2765.00 feet along Lot 83 of the Kaihenui Settlement Association Lots; 7. 1700 30' 433.00 feet along Lots 97 and 96 of the J. Lewis Settlement Association Lots; 8. 2600 30' 3120.40 feet along Lot 85 of the Kaihenui Settlement Association Lots to the point of beginning and containing an area of 29.6 acres, more or less... All as outlined in red on the map marked 7.18(b) and made a part hereof. Sec. 7.18(c) The District Classification of the following area situated at Halekamahina, Puna, Hawaii, shall be Agricultural (A -la): Beginning at the northwest corner of this parcel of land at the southwest corner of Parcel 2 and on the easterly side of a 40 feet roadway the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPOHO" being 4411.90 feet south and 22,250.30 feet west and running by azimuths measured clockwise from true South: 1. 2890 38' 50" 401.89 feet along Parcel 2, a portion of R. P. 7483, Apana 3, L. C. Aw. 4452, Apana 1 to H. Kalama; 2. 2950 42' 48" 147.74 feet along same; 3. 51° 02' 30" 762.97 feet along Executive Order 1750, State of Hawaii.; 4. 790 07' 30" 175.70 feet along same; 5. 1990 38' 50" 636.12 feet along a 40 feet wide roadway to the point of beginning and containing an area of 5.55 acres. All as outlined in red on the map marked 7.18(c) and made a part hereof. Sec. 7.18(d) The District Classification of the following area situated at Kaniahiku Village, Kaniahiku, Puna, Hawaii, shall be Single Family Residential (RS -15): Beginning at the northwest corner of this parcel, the northeast corner of Lot 6, Block 3, Kaniahiku Village site, and on the south side of Pualaa Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HONUAULA" being 2,281.39 feet north and 12,784.03 feet west, thence running by azimuths measured clockwise from true South: 1. 2720 31' 180.00 feet along the south side of Pualaa Road; 2. 2° 31' 242.00 feet along Lots 1 and 2, Block 3, Kaniahiku Village site; 3. 920 31' 180.00 feet along Lot 5, Block 3, Kaniahiku Village site; 4_ 1821 31' 242.00 feet along Lot 6, Block 3, Kaniahiku Village Site, to the point of beginning and containing an area of 1.00 acre. All as outlined in red on the map marked 7.18(d) and made a part hereof. Sec. 7.18(e) The District Classification of the following area situated at Kaniahiku Village, Kaniahiku, Puna, Hawaii, shall be Single Family Residential (RS -15): Beginning at the southwest corner of this parcel of land on the northerly boundary of L. C. Aw. 8559-B, Ap. 15 to William C. Lunalilo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HONUAULA" being 1517.30 feet North and 12836.35 feet West and running by azimuths measured clockwise from true South: 1. 1820 31' 231.65 feet along the remainder of Executive Order 1666; 2. 920 31' 341.27 feet along same; 3. 1820 31' 584.00 feet along same; 4. 272° 31' 180.00 feet along same; 5. 1820 31' 242.00 feet along same; 8-261 6. 272° 31' 861.60 feet along same; 7. 2° 31' 776.00 feet along same; 8. 92° 31' 79.04 feet along same; 9. 2° 31' 309.14 feet along same to the northerly boundary of L. C. Aw. 8559-B, Ap_ 15 to William C. Lunalilo; 10. 95, 03' 621.90 feet along the northerly boundary at L. C. Aw. 8559-8, Ap. 15 to William C. Lunalilo to the point of beginning and containing a net area of 21.160 acres after excluding and deducting the following area: Beginning at the northwest corner of this parcel, the northeast corner of Lot 6, Block 3, Kaniahiku Village site, and on the south side of Pualaa Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HONUAULA" being 2,281.39 feet North and 12,784.03 feet West, thence running by azimuths measured clockwise from true South: 1. 272° 31' 180.00 feet along the south side of Pualaa Road; 2, 2° 31' 242.00 feet along Lots 1 and 2, Block 3, Kaniahiku Village site; 3. 92° 31' 180.00 feet along Lot 5, Block 3, Kaniahiku Village site; 4. 182° 31' 242,00 feet along Lot 6, Block 3, Kaniahiku Village site, to the point of beginning and containing an area of 1.00 acre. All as outlined in red on the map marked 7.18(e) and made a part hereof. 8-262 Sec. 7.19 Volcano -Mt. View Zone Map, marked thereupon as Sec. 7.19. Sec. 7.19(a) The District Classification of the following area situated at Olaa Summer Lcts, Olaa, Puna, Hawaii, shall be Single Family Residential (RS -20): Beginning at the south corner of this lot, the west corner of Lot 4, Olaa Summer Lots, Block L, and on the northeast side of Haunani Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "VOLCANO HOUSE FLAG" being 3614.78 feet north and 6045.43 feet east and running by azimuths measured clockwise from true south: 1. 1490 31' 281.60 feet along the northeast side of Haunani Road; 2, 239° 31' 685.10 feet along the south side of Lots 7 and 12, Olaa Summer Lots, Block L; 3, 329° 31' 281.60 feet along the southwest side of Anapuni Road; 8-263 4. 590 31' 685.10 feet along the north side of Lots 4 and 15, Olaa Summer Lots, Block L, to the point of beginning and containing an area of 4.43 acres. All as outlined in red on the map marked 7.19(a) and made a part hereof. Sec. 7.19(b) The District Classification of the following area situated at Was Summer Lots, Olaa, Puna, Hawaii, shall be Single Family Residential (RS -20): Beginning at the east corner of this parcel of land and on the southeasterly boundary of Lot 7, Grant 5684 the coordinates of said point of beginning referred to Government Survey Triangulation Station "VOLCANO FLAG" being 50.14 feet north and 9193.78 feet east and running by azimuths measured clockwise from true South: 1. 590 3.1' 154.15 feet along Parcel 1; 2. 1490 31' 170.00 feet along Lot 5, Grant 5683; 3. 2390 31' 154.15 feet along remainder of Lot 6, Grant 5647; 4. 3290 31' 170.00 feet along Lot 7, Grant 5684 to the point of beginning and containing an area of 26,206 square feet. All as outlined in red on themapmarked 7.19(b) and made a part hereof. Sec. 7.20 Kurtistown Zone Map, marked thereupon as Sec. 7.20. Sec. 7.20(a) The District Classification of the following area situated at Olaa, Puna, Hawaii, shall be Neighborhood Commercial (CN -10): Beginning at the west corner of this parcel of land at the north corner of Lot 1 the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA" being 2.020.32 feet south and 372.87 feet west and running by azimuths measured clockwise from true South: 1. 1910 50' 95.48 feet along old Volcano Road; 2. 3030 35' 132.46 feet along rFinainder of Lot 2; 3. 270 49' 78.48 feet along same; 4. 1170 49' 105.50 feet along Lot 1 to the point of beginning and containing an area of 10,013 square feet or 0.2299 acre. All as outlined in red on the map marked 7.20(a) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subject property be responsible for securing a building permit and assuring construction started for a launderette within one year from the official date of approval of the change of zone; and (B) the owner or lessee of the subject property submit a subdivision plan for tentative approval for the requested area within one year from the date of approval of the change of zone. Should any of these conditions not be met, the Planning Commission shall reserve the right to re-evaluate the area and initiate proceedings to rezone it to its former designation. Sec. 7.21 Keaau Zone Map, marked thereupon as Sec. 7.21. Sec. 7.21(a) The District Classification of the following area situated at Keaau, Puna, Hawaii, shall be Single -Family Residential (RS -10): Beginning at a pipe at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA" being 8963.70 feet north and 6627.27 feet east, and running by azimuths measured clockwise from true south: 8-265 1. 2480 40' 40.00 feet to a pipe; 2• 338° 40' 5.00 feet to a pipe; 3. 2480 40' 1025.00 feet to a pipe; 4. 338° 40' 195.00 feet to a pipe; 5. 680 40" 55.00 feet to a pipe; 6. 338° 40' 145.00 feet to a pipe; 7. 2480 40' 50.00 feet to a pipe; 8. 338° 40' 192.50 feet to a pipe; 9. 30 22' 50" 162.92 feet to a pipe; 10. 680 40' 545.85 feet to a pipe; 11. 660 41' 50" 241.42 feet to a pipe; 12. 74° 12' 30" 149.84 feet to apipe; Thence following along a curve to the left having a radius of 930.51 feet, the chord azimuth and distance being: 13• 1610• 26' 56" 90.33 feet to a pipe; 14. 1580 40' 29.10 feet to a pipe; - 15. 680. 40' 60.00 feet to a pipe; 16. 158° 40' 560.00 feet to the point of beginning and co ntaininc an area of 16.162 acres. All as outlined in red on the map marked 7.21(a) and made a part hereof. Sec. 7.22 Pahoa Zone Map, marked thereupon as Sec. 7.22. Sec. 7.22(a) The District Classification of the following area situated at Nanawale Homesteads, Puna, Hawaii, shall be Village Commercial (CV -10): Beginning at a point at the south corner of this lot and on the north side of the main Government Road, the coordinates of said point of beginning referred to 8-266 Government Survey Triangulation Station "VILLAGE FLAG" being 927.07 feet south and 1218.61 feet east, thence running by azimuths measured clockwise from true South: 1. 1240 20' 148.13 feet along the north side of the main Government Road; 2. 2160 30' 219.73 feet along southeast side of the Homesteads Road; 3. 3030 57' 161.16 feet along lease lot; 4. 390 51' 221.69 feet along Lots 20, 21 and 22, portion of Lot 19, Nanawale Homesteads, to the point of beginning and containing an area of 34,000 square feet, more or less. All as outlined in red on the map marked 7.22(a) and made a part hereof. Sec. 7.22(b) The District Classification ,f the following area situated at Pahoa, Puna, Hawaii, shall be Village Commercial (CV -10): Beginning at a point at the southwest corner of this lot and on the north side of Pahoa Road, the coordinates of said point of beginning, referred to Government Survey Triangulation Station "VILLAGE FLAG", being 1108.89 feet South and 1484.81 feet East, thence running by azimuths measured clockwise from true South: 1. 2120 48' 30" 228.34 feet along Lot 14; 2. 3040 58' 49.95 feet along Lot 30 and Lot 31; 3. 320 17' 224.11 feet along Lot 12; 4. 1200 12' 52.00 feet along the North side of Pahoa Road to the point of beginning, containing an area of 11,522 square feet, more or less. All as outlined in red on themap marked 7.22(b) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the subject property be responsible 8-267 for securing a building permit and assuring construction started for a commercial office building within one (1) year from the date of approval of the change of zone. Should this condition not be met, the Planning Commission shall reserve the right to re-evaluate the area and initiate action to rezone the property to its former zoning designation. Sec. 7.22(c) The District Classification of the following area situated at Kaniahiku Homesteads, Kaniahiku, Puna, Hawaii, shall be Residential -Agricultural (RA -.5a): Beginning at the northeast corner of this parcel of land, the southeast corner of Lot 40, Tangerine Acres, Unit I, File Plan 794, and along the west boundary of Lot 35, Kaniahiku House Lots, god Series, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PAHOA," being 4,904.59 feet South and 8,493.07 feet East and thence running by azimuths measured clockwise from true South: 1. 160 25' 1,330.86 feet along Lots 35, 39, 41, 43-A, 43-3 and 45, Kaniahiku House Lots, 2nd Series; 2. 940 36' 45" 559.36 feet along L. C. Award 8559-B:15 to William C. Lunalilo; 3. 1960 25' 253.59 feet along Lot 20, Tangerine Acres, Unit I, File Plan 794; 4. 1060 25' 20.35 feet along same; 5. 1960 25' 1,116.65 feet along Lots 42 (40 -ft. road) and 21 to 33 (inclusive), Tangerine Acres, Unit I, File Plan 794; 6. 2860 25' 263.94 feet along Lots 36, 37 and 3e, Tangerine Acres, Unit I, Fi1F Plan 794; 7. 1960 25' 75.05 feet along Lot 38, Tangerine Acres, Unit I, File Plan 794; 8. 2860 25' 303.94 feet along Lots 43 (40 -ft. road), 39 and 40, Tangerine Acres, Unit I, File Plan 794 to the point of beginning and containing an area of 17.550 acres, more or less. All as outlined in red on the map marked 7.22(c) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in two increments. The first increment shall consist of seventeen (17) lots and the second increment the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permits issued for residential dwelling units and construction partially completed - partially completed in the sense of having roofs on those units - on seven (7) lots within the first increment; and (B) the applicant, Mr. Yasuo Kuwaye, submit and secure tentative approval of a subdivision plan within one (1) year from the date of approval of the change of zone. The applicant shall also assume the responsi- bility for securing final subdivision approval of the subject area. Should these conditions not be met, action may be taken to nullify any subdivision approval and to reclassify the subiect area to a more appropriate designation. Sec. 7.23 Kalapana-Kaimu Zone Map, marked thereupon as Sec. 7.23. Sec. 7.24 Kau District Zone Map, marked thereupon as Sec. 7.24. Sec. 7.24(a) The District Classification of the following area situated at Kiolakaa-Keaa Homesteads, Kau, Hawaii, shall be Agricultural (A -5a): Beginning at a pipe at the southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "STEIN 2" being 886.69 feet north and 19180.84 feet west and running by azimuths measured clockwise from true south: 1. 2450 06' 15" 848.23 feet along the remainder of Grant 9560 to David M. Keliikoa to a pipe in the middle of a stonewall: 2. 3340 35` 10" 1030.39 feet along the middle of a stonewall along a portion of Grant 7225 to Job Nalau Kamoku to a pine on the north side of the Mamalahoa Highway; 8-270 3. 980 < ' 4 5 6. 7. 860 51' 740 57' 910 55' 45" 108° 54' 30" 101° 35' 45" 940 17' 1150 38' 30" 137° 00' 12. 970 06' 55" 13. 1550 37' 20" Thence along the north side of the Mamalahoa Highway for next ten (10) courses, the azimuths and distances being: 26.30 feet; Thence along a curve to the left having a radius of 300.00 feet, the chord azimuth and distance being: 123.72 feet; 67.04 feet; Thence along a curve to the right having a radius of 280.00 feet, the chord azimuth and distance being: 128.49 feet; 122.11 feet; Thence along a curve to the left having a radius of 640.00 feet, the chord azimuth and distance being: 162.92 feet; 97.59 feet; Thence along a curve to the right having a radius of 170.00 feet, the chord azimuth and distance being: 80.12 feet; 37.67 feet; Thence along a curve to the left having a radius of 164.73 feet, the chord azimuth and distance being: 209.79 feet to a pipe in the middle of a stonewall; 461.61 feet along the middle of a stonewall along portion of Grant 9349 to Richard H. Whittington to the point of beginning aid containing an area of 14.27 acres more or less. 8-271 All as outlined in red on the map marked 7.24(8) and made a part hereof. Sec. 7.24(b) The District Classification of the following area situated at Kaunamano Homesteads, Kau, Hawaii, shall be Agricultural (A -3a): Beginning at a pipe at the southwest corner of this lot, being also the west corner of Lot 26-E, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPUNA 2" being 5549.14 feet south and 8129.43 feet east, and running by azimuths measured clockwise from true south: 1. 151° 33' 00" 292.00 feet along Grant 2643:1 to Puhi; 2. 2350 30' 00" 46.00 feet along L.C.A. 7552:1 to Kukui; 3. 134° 20' 00" 153.50 feet along same; 4. 151° 33' 00" 182.00 feet along Grant 2643:1 to Puhi; 5. 2240 05' 00" 962.50 feet along Lot 25; 6. 1400 00' 00" 230.00 feet along same; 7. 2240 52' 00" 632.00 feet along saine; 8. 310° 52' 00" 975.60 feet along Lot 26-B, the remainder of Lot 26-A of Kaunamano Homesteads; Thence along north side of Hutchinson Road, (Government) the direct azimuth and distance being: 9. 28° 58' 00" 1612.50 feet; 10. 1400 19' 00" 233.85 feet along Lot 26-E, the remainder of Lot 26-A of Kaunamano Homesteads; 11. 1200 18' 20" 227.13 feet along same; 12. 1160 45' 00" 101.46 feet along same; 13. 500 35' 00" 246.47 feet along same to the point of beginning and containing an area of 35.60 acres. 8-272 All as outlined in red on the map marked 7.24(b) and made a part hereof. Sec. 7.24(C-1) The District Classification of the following area situated at Ninole, Ka'u, Hawaii, shall be Single Family Residential (RS -20): Beginning at the southeast corner of this parcel of land on the boundary between the Lands of Wailau and Ninole, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 707.43 feet south and 981.76 feet west and running by azimuths measured clockwise from true South: 1. 290 45' 515.00 feet along remainder of Grant 824 to Kapuhonua; 2. 1380 50' 496.00 feet along remainder of Grant 824 to Kapuhonua; 3. 1200 36' 218.00 feet along remainders of Grant 824 to Kapuhonua and Grant 2459 to D. Holoua; 4. 1360 00' 242.00 feet along remainder of Grant 2459 to D. Holoua; 5. 2290 00' 671.90 feet along remainder of Grant 2459 to D. Holoua; 6. 3310 49' 382.00 feet along Government Land of Wailau; 7. 3210 34' 402.65 feet along Government Land of Wailau to the point of beginning and containing an area of 10.798 acres. All as outlined in red on the map marked 7.24(C-1) and made a part hereof. Sec. 7.24(C-2) The District Classification of the following area situated at Ninole and Wailau, Ka'u, Hawaii, shall be Single Family Residential (RS -7.5): Beginning at the northwest corner of this parcel of land on the northeast side of nr000sed Ninole Loon Road, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 1,439.94 feet south and 421.37 feet west and running by azimuths measured clockwise from true South: 8-273 1. 2350 02' 541.00 feet partly along Grant 824 to Kapuhonua and partly along Government Land of Wailau; 2. 3060 15' 570.00 feet along remainder of Grant 828 to Kekaula; 3. 180 30' 76.99 feet along remainder of Grant 828 to Kekaula; 4. 3200 30' 280.66 feet along remainder of Grant 828 to Kekaula; 5. 320 00' 90.00 feet along remainder of Grant 828 to Kekaula; 6. 380 30' 372.00 feet along remainder of Grant 828 to Kekaula; 7. 760 45' 308.73 feet along remainders of Grant 828 to Kekaula and Grant 823 to Kulaikahuna; Thence along remainder of Grant 823 to Kulaikahuna (along Northeasterly side of proposed Ninole L000 Road) on a curve to the left with a radius of 880.00 feet, the chord azimuth and distance being: 8. 1530 30' 05" 258.58 feet; 9. 1450 20' 636.35 feet along remainder of Grant 823 to Kulaikahuna (along Northeasterly side of Proposed Ninole Loop Road) to the point of beginning andcontaining an area of 14.298 acres. All as outlined in red on the map marked 7.24(C-2) and made a part hereof. Sec. 7.24(C-3) The District Classification of the following area situated at Ninole and Wailau, Ka'u, Hawaii, shall be Multiple Family Residential (RM -2): Beginning at the north corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 2,221.31 feet south and 379.39 feet east and running by azimuths measured clockwise from true South: 8-274 1. 3160 07' 671.01 feet along remainder of Grant 828 to Kekaula; 2. 70 18' 510.84 feet along remainders of Grant 828 to Kekaula and Grant 825 to Kaui; 3. 2770 18' 221.38 feet along remainders of Grant 825 to Kaui and Grant 828 to Kekaula (along centerline of Proposed Ninole Loop Road); Thence along remainder of Grant 828 to Kekaula (along centerline of Proposed Ninole Loop Road) on a curve to the right with a radius of 560.00 feet, the chord azimuth and distance being: 4. 2900 09' 30" 249.25 feet; 5. 3030 O1' 43.55 feet along remainder of Grant 828 to Kekaula (along centerline of Pr000sed Ninole Loon Road); 6. 330 O1' 30.00 feet along remainder of Grant 828 to Kekaula; 7. 380 10' 185.00 feet along remainder of Grant 828 to Kekaula; 8. 1260 40' 160.00 feet along remainder of Grant 828 to Kekaula; 9. 570 30' 155.00 feet along remainders of Grant 628 to Kekaula and Grant 821 to Holoua; 10. 330 451 130.00 feet along remainder of Grant 821 to Holoua; 11. 820 00' 70.00 feet along remainder of Grant 821 to Holoua; 12. 1020 30' 253.00 feet along remainders of Grant 821 to Holoua and Grant 825 to S. Kaui; 13. Ilio 35' 410.00 feet along remainder of Grant 825 to S. Kaui; 14. 1500 55' 257.00 feet along remainder of Grant 825 to S. Kaui; :MMA.- 15. 1840 25' 240.00 feet along remainder of Grant 825 to S. Kaui; 16. 1810 45' 143.52 feet along remainder of Grant 825 to S. Kaui; 17. 2370 00' 174.18 feet along remainder of Grant 825 to S. Kaui; 18. 2520 55' 30.00 feet along remainder of Grant 825 to S. Kaui; 19. 1620 55' 430.61 feet along remainders of Grant 825 to S. Kaui and Grant 823 to Kulaikahuna (along centerline of Proposed Ninole Loop Road); 20. 2560 45' 331.85 feet along remainders of Grant 823 to Kulaikahuna and Grant 828 to Kekaula to the point of beginning and containing an area of 22.418 acres. All as outlined in red on the map marked 7.24(C-3) and made a part hereof. Sec. 7.24(C-4) The District Classification of the following area situated at Wailau, Kelp, Hawaii, shall be Village Commercial (CV -10): Beginning at the northeast corner of this parcel of land being also the southeast corner of Parcel 5, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 3,037.38 feet south and 1,564.05 feet east and running by azimuths measured clockwise from true South: 1. 230 20' 90.00 feet along remainder of Grant 828 to Kekaula; 2. 260 20' 320.36 feet along remainder of Grant 828 to Kekaula; Thence along remainder of Grant 828 to Kekaula (along centerline of Pronosed Nincle Loon Road) on a curve to the right with a radius of 345.00 feet, the chord azimuth and distance being: 3. 1160 20' 45" 130.10 feet; B-276 4. 1230 01' 43.55 feet along remainder of Grant 828 to Kekaula (along centerline of Proposed Ninole Loop Road); Thence along remainder of Grant 828 to Kekaula (along centerline of Proposed Ninole Loop Road) on a curve to the left with a radius of 560.00 feet, the chord azimuth and distance being: 5. 1100 09' 30" 249.25 feet; 6. 970 18' 131.38 feet along remainder of Grant 828 to Kekaula (along centerline of Proposed Ninole Loon Road); 7. 1910 15' 434.49 feet along remainder of Grant 828 to Kekaula; B. 2910 30' 656.04 feet along remainder of Grant 828 to Kekaula to the point of beginning and containing an area of 5.528 acres. All as outlined in red on the map marked 7.24(C-4) and made a part hereof. Sec. 7.24(C-5) The District Classification of the following area situated at Wailau, Ka'u, Hawaii, shall be Multiple Family Residential (RM -2): Beginning at the southeast corner of this parcel of land being also the northeast corner of Parcel 4, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 3,037.38 feet south and 1,564.05 feet east and running by azimuths measured clockwise from true South: 1. 111° 30' 331.96 feet along remainder of Grant 828 to Kekaula (along Parcel 4); 2. 2010 30' 268.36 feet along remainder of Grant 828 to Kekaula; 3. 1770 40' 100.00 feet along remainder of Grant 828 to Kekaula; 4. 2320 20' 390.00 feet along remainder of Grant 828 to Kekaula; 8-277 5. 3420 45' 250.00 feet along remainder of Grant 828 to Kekaula; 6. 190 40' 500.00 feet along remainder of Grant 828 to Kekaula to the point of beginning and containing an area of 4.365 acres. All as outlined in red on the map marked 7.24(C-5) and made a part hereof. Sec. 7.24(C-6) The District Classification of the following area situated at Punaluu, Ka'u, Hawaii shall be Resort -Hotel (V-1.5): Beginning at the west corner of this parcel of land on the east side of Punaluu Road, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 1,884.55 feet south and 3,008.61 feet east and running by azimuths measured clockwise from true South: 1. 1750 55' 21.30 feet along Land Commission Award 7715, Apana 15 to Lot Kamehameha; 2. 1940 32' 337.90 feet alonq Land Commission Award 7715, Apana 15 to Lot Kamehameha; 3. 2940 17' 351.90 feet along Land Commission Award 10848, Anana 2 to Pookuia; 4. 1920 11' 112.20 feet along Land Commission Award 10848, Anana 2 to Pookuia; 5. 3340 45' 359.35 feet along remainder of Land Commission Award 7715, Anana 15 to Lot Kamehameha; 6. 3480 49' 174.69 feet along remainder of Land Commission Award 7715, Agana 15 to Lot Kamehameha; 7. 3470 03' 9.63 feet along remainder of Land Commission Award 7715, Apana 15 to Lot Kamehameha; B. 1130 05' 104.70 feet along remainder of Land Commission Award 7715, Apana 15 to Lot Kamehameha; moon 9. 860 05' 179.21 feet along remainder of Land Commission award 7715, Apana 15 to Lot Kamehameha; 10. 770 40' 91.49 feet along remainder of Land Commission Award 7715, Apana 15 to Lot Kamehameha; 11. 580 20' 117.46 feet along remainder of Land Commission Award 7715, Apana 15 to Lot Kamehameha; 12. 370 20' 69.30 feet along remainder of Land Commission Award 7715, Apana 15 to Lot Kamehameha; 13. 590 50' 26.80 feet along remainder of Land Commission Award 7715, Apana 15 to Lot Kamehameha; 14. 770 25' 26.54 feet along remainder of Land Commission Award 7715, Agana 15 to Lot Kamehameha; 15. 1690 47' 275.00 feet along East side of Punaluu Road; Thence along east side of Punaluu Road on a curve to the left with a radius of 325.00 feet, the chord azimuth and distance being: 16. 1650 21' 50.24 feet to the point of beginning and containing an area of 5.679 acres. All as outlined in red on the map marked 7.24(C-6) and made a part hereof. Sec. 7.24(d) The District Classification of the following areas situated at Ninole and Wailau, Kau, Hawaii, shall he Resort -Hotel (V-1.5): Beginning at the northeast corner of this parcel of land on the boundary between lands of Ninole and Wailau and on the southerly side of proposed Ninole Loop Road, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 3,414.80 feet south and 2,432.49 feet east and running by azimuths measured clockwise from true South: 1. 3100 22' 432.70 feet along Land Commission Award 7715, Anana 15 to Lot Kamehameha; GD3C7 2. 480 47' 208.81 feet along remainder of Grant 828 to Kekaula (along State Land Use Commission's Conservation District boundary); 3. 700 30' 127.00 feet along remainder of Grant 828 to Kekaula (alonq State Land Use Commission's Conservation District Boundary); 4. 620 40' 96.00 feet remainder of Grant 828 to Kekaula (along State Land Use Commission's Conservation District Boundary); 5. 780 20' 215.00 feet along remainder of Grant 828 to Kekaula (along State Land Use Commission's Conservation District Boundary); 6. 550 05' 232.00 feet along remainder of Grant 828 to Kekaula (along State Land Use Commission's Conservation District Boundary); 7. 680 25' 200.00 feet along remainder of Grant 828 to Kekaula (along State Land Use Commission's Conservation District Boundary); 8. 750 30' 368.00 feet along remainders of Grant 828 to Kekaula, Grant 821 to Holoua, Land Commission Award 8979, Apana 1 to Kekapaa and Grant 821 to Holoua (along State Land Use Commission's Conservation District Boundary); 9. 270 30' 275.50 feet along remainder of Grant 821 to Holoua (along State Land Use Commission's Conservation District Boundary); 10. 540 00' 92.34 feet along remainder of Grant 821 to Holoua (along State Land Use Commission's Conservation District Boundary); Thence along edge of Ninole Fish Pond, the direct azimuth and distance between noints at said edge of Pond being: 11. 680 10' 132.67 feet; 12. 910 25' 498.28 feet along remainder of Grant 821 to Holoua (along State Land Use Commission's Conservation District Boundary); 13 14 15 !L' 17 2580 35' 116.13 feet along remainder of Grant 821 to Holoua (along southeasterly side of oroposed Hotel Access Road); Thence along remainder of Grant 821 to Holoua (along southeasterly side of pr000sed Hotel Access Road) on a curve to the left with a radius of 300.00 feet, the chord azimuth and distance being: 2350 05' 239.25 feet; 2110 35' 226.00 feet along remainder of Grant 821 to Holoua and Land Commission Award 7721, Apana 1 to Makaha (along the southeasterly side of proposed Hotel Access Road); Thence along remainder of Land Commission Award 7721, Apana 1 to Makaha and Land Commission Award 8758, Apana 1 to Kaiolani (along the southeasterly side of or000sed Hotel Access Road) on a curve to the left with a radius of 1,245.00 feet, the chord azimuth and distance being: 2080 17' 30" 142.97 feet; Thence along remainders of Land Commission Award 8785, Apana 1 to Kaiolani, Grant 821 to Holoua, Grant 826 to Kekaula and Land Commission Award 7313 to Kaawa (along the southeasterly side of proposed Hotel Access Road) on a curve to the right with a radius of 950.00 feet, the chord azimuth and distance being: 2170 10' 400.44 feet; 7EM 18. 2290 20' 118.85 feet along remainder of Land Commission Award 7313 to Kaawa (along the south- easterly side of oronosed Hotel Access Road); Thence along remainders of Land Commission Award 7313 to Kaawa and Grant 828 to Kekaula (along the south- easterly side of nr000sed Hotel Access Road) on a curve to the left with a radius of 317.45 feet, the chord azimuth and distance being: 19. 2090 35' 214.54 feet; Thence along remainder of Grant 828 to Kekaula (along the southeasterly side of proposed Hotel Access Road) on a curve to the right with a radius of 57.00 feet, the chord azimuth and distance being: 20. 2340 50' 80.61 feet; 21. 2790 50' 244.69 feet along remainder of Grant 828 to Kekaula (along the southerly side of proposed Ninole Loop Road); Thence along remainder of Grant 828 to Kekaula (along southerly side of oronosed Ninole Loon Road) on a curve to the left with a radius of 780.00 feet, the chord azimuth and distance being: 22. 2600 20' 520.74 feet; Thence along remainder of Grant 828 to Kekaula (along southerly side of proposed Ninole Loop Road) on a curve to the left with a radius of 420.00 feet, the chord azimuth and distance being: 23. 2370 14' 58" 52.51 feet to the point of beginning and containing an area of 20.985 acres. All as outlined in red on the map marked 7.24(d) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be serviced by a sewer system of such design and capacity and meeting such standards and criteria as shall be required or imposed by the ordinance of the County and by other applicable laws; (B) there be a water system provided which is capable of servicing the area and which is according to the standards of the Department of Water Supply; (C) all other applicable regulations be complied with; (D) any future rezoning in the area will be considered after substantial development has occurred in the rezoned area. Substantial development is defined as building permits issued, and ground broken on permanent structures on twenty-five (25) per cent of the zoned area for hotel development. For the purpose of computing the per cent of development of the first increment, it shall be understood to include the total acreage and units involved in any planned hotel or apartment, in addition to, but not limited to the building site, amenities, open space, parking areas, etc.; and (E) direct access to Nincle Cove be provided by the applicant. The location and type of access shall be determined and approved by the Planning Director at the time of "Plan Approval." Sec. 7.24(e) The District Classification of the following area situated at Waicmao Homesteads, Waiomao and Kawela, Ka'u, Hawaii, shall be Agricultural (A -5a): Beginning at the southwest corner of this parcel, on the north side of Hawaii Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KA LAE" being 53448.68 feet North and 7947.31 feet East, and running on azimuths measured clockwise from true South: 1. 1890 38' 20" 862.25 feet along a wall along Lot 10B, Grant 6275 to M. F. Meinecke; 2. 1840 22' 30" 726.56 feet along a fence along Lot IOB, Grant 6275 to M. F. Meinecke; 3. 1840 12' 22" 820.94 feet along a wall along Lot IOC, Grant 9516 to Kala Keanu; 4. 1840 17' 35" 868.91 feet partly along a wall and partly along a fence along Lot IOD, Grant 9883 to Sam K. Beck; 5. 1880 42' 32" 384.22 feet along a fence along Lot 9A, Grant 7996 to M. P. Lorenzo; 6. 2600 15' 50" 909.13 feet along the remainder of Lot 7, Grant 3635 to Kealohaai; 7. 3500 40' 50.00 feet along the remainder of Lot 8, Grant 3635 to Kealohaai; 8. 2600 15' 50" 93.91 feet along the remainder of Lot 8, Grant 3635 to Kealohaai; 9. 2590 46' 30" 432.33 feet along the remainder of Lot 8, Grant 3635 to Kealohaai; Thence on a curve to the right and having a radius of 1392.00 feet, the chord azimuth and distance being: 10. 2630 45' 45" 193.60 feet along the remainder of Lot 8 and 9, Grant 3635 to Kealohaai; 11. 2670 45' 371.95 feet along the remainder of Lot 9, Grant 3635 to Kealohaai; 12. 3500 40' 1568.45 feet along Lot 10, Grant 3635 to Kealohaai; 13. 860 55' 40" 235.53 feet along the remainder of Lot 9, Grant 3635 to Kealohaai; 14. 830 40' 45" 30.11 feet along the remainder of Lot 9, Grant 3635 to Kealohaai; 15. 810 16' 10" 76.79 feet along the remainder of Lot 9, Grant 3635 to Kealohaai; 16. 790 33' 10" 82.15 feet along the remainder of Lot 9, Grant 3635 to Kealohaai; 17. 570 16' 30" 725.00 feet along the remainders of Lot 8 and 9, Grant 3635 to Kealohaai; 18. 3490 56' 15" 1011.27 feet along Lot 8, Grant 3635 to Kealohaai; 19. 3510 28' 50" 210.71 feet along Lot 8, Grant 3635 to Kealohaai; 20. 3500 32' 778.19 feet along Lot 8, Grant 3635 to Kealohaai; 21. 460 12' 30" 9.63 feet along Hawaii Belt Road; Thence continuing along Hawaii Belt Road for the next forty-one (41) courses: 22. 400 05' 24.76 feet; 23. 440 32' 30" 51.27 feet; 24. 400 13' 30" 97.14 feet; 25. 480 29' 30" 39.25 feet; 26. 490 49' 38.09 feet; 27. 520 34' 31.75 feet; 28. 710 14' 30" 34.39 feet; 29. 780 35' 34.86 feet; 30. 750 55' 58.20 feet; 31. 790 03' 30" 99.83 feet; 32. 740 44' 30" 90.22 feet; 33. 790 08' 41.70 feet; 34. 820 33' 30" 33.61 feet; 35. 790 321 67.12 feet; 36. 730 13' 85.85 feet; 37. 780 02' 11.31 feet; 38. 840 40' 30" 70.27 feet; 39. 860 19' 30" 54.60 feet; 40. 840 24' 30" 35.78 feet; 41. 870 30' 28.32 feet; 42. 830 32' 27.50 feet; 43. 890 03' 47.82 feet; 44. 940 17' 30" 22.13 feet; 45. 1020 06' 30" 25.63 feet; 46. 1210 30' 31.45 feet; 47. 1340 31' 18.36 feet; 48. 1420 41' 27.44 feet; 49. 1510 37' 11.46 feet; 50. 1440 44' 18.48 feet; 51. 1360 57' 30" 46.51 feet; 52. 1400 02' 30" 58.54 feet; 53. 1360 17' 43.43 feet; 54. 1390 30' 45.84 feet; 55. 1480 53' 30" 30.56 feet; 56. 1570 58' 30" 47.23 feet; 57. 1560 44' 30" 59.00 feet; 58. 1440 53' 22.71 feet; 59. 1420 42' 30" 29.80 feet; 60. 1280 09' 30" 14.85 feet; L 61. 108o 28' 30" 92.28 feet; 62. 84° 54' 30" 452.84 feet to the point of beginning and containing an area of 170.1357 acres. All as outlined in red on the map marked 7.24(e) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in three (3) increments. The first increment shall consist of ten (10) lots, the second eight (8) and the third the remaining lots. The effective date of zoning for the second increment shall be after agricultural development has occurred on the first zoning increment. Agricultural development is defined as the actual cultivation of land for agricultural purposes on a minimum of three (3) lots of the first increment. Each of the three (3) lots shall be cultivated on a minimum of fifty (50) per cent of the lot area or on a minimum of two and one-half (2.5) acres. Zoning for the third increment shall become effective after agricultural development, as defined herein, has occurred on a total of six (6) of the lots of the previous increment or increments; and (B) the owner or lessee of the subject area submit a subdivision plan and secure preliminary approval of the first increment within one (1) year from the date of approval of the change of zone request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the property to its former designation. Sec. 7.24(f-1) The District Classification of the following area situated at Ninole, Ka'u, Hawaii, shall be open (0): Beginning at the northeast corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 2,652.71 feet South and 666.20 feet East and running by azimuths measured clockwise from true South: 1. 3450 15' 184.16 feet along remainder of Grant 825 to S. Kaui (along remainder of Parcel 3); 2. 3540 22' 439.21 feet along remainder of Grant 825 to S. Kaui (along remainder of Parcel 3); 3. 1500 55' 257.00 feet along remainder of Grant 925 to S. Kaui; 4. 1840 25' 240.00 feet along remainder of Grant 825 to S. Kaui; 5. 1810 45' 143.52 feet along remainder of Grant 825 to S. Kaui; 6. 2370 00' 14.38 feet along remainder of Grant 825 to S. Kaui to the point of beginning and containing an area of 0.830 acre. All as outlined in red on the map marked 7.24(f-1) and made a part hereof. Sec. 7.24(f-2) The District Classification of the following area situated at Ninole and Wailau, Ka'u, Hawaii, shall be Multiple Family Residential (RM -2): Beginning at the east corner of this parcel of land, being also the north corner of Parcel 3, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 2,221.31 feet South and 379.39 feet East, and running by azimuths measured clockwise from true South: 0 1. 76 45' 331.85 feet along remainders of Grant 828 to Kekaula and Grant 823 to Kulaikahuna (along Parcel 3); 2.. 1620 55' 40.78 feet along remainder of Grant 823 to Kulaikahuna (along centerline of proposed Ninole Loop Road); 0 3. 256 45' 310.50 feet along remainders of Grant 823 to Kulaikahuna and Grant 828 to Kekaula; 0 4. 316 07' 47.28 feet along remainder of Grant 828 to Kekaula to the point of beginning and containing an area of 0.300 acre. All as outlined in red on the map marked 7.24(f-2) and made a part hereof. Sec. 7.24(f-3) The District Classification of the following area situated at Ninole and Wailau, Ka'u, Hawaii, shall be Multiple Family Residential (RM -2): Beginning at the north corner of this parcel of land, being also the northeast corner of Parcel 3, the coordinates of which referred to Government Survey Triangulation Station "HILL" (Puehu) being 2,704.96 feet South and 844.53 feet East and running by azimuths measured clockwise from true South: 1. 3160 07' 79.19 feet along remainder of Grant 828 to Kekaula; 2. 110 15' 462.28 feet along remainders of Grant 828 to Kekaula and Grant 825 to S. Kaui; 3. 970 18' 29.86 feet along remainder of Grant 825 to S. Kaui (along centerline of proposed Ninole Loop Road); 0 4. 1.87 16' 510.84 feet along remainders of Grant 825 to S. Kaui and Grant 828 to Kekaula (along Parcel 3) to the point of beginning and containing an area of 0.510 acre. All as outlined in red on the map marked 7.24(f-3) and made a part hereof. This section shall take effect forthwith upon the condition that the applicant submit and secure tentative approval of the proposed resubdivision within one (1) year of the date of approval of the change of zone. Sec. 7.25 Pahala Village Zone Map, marked thereupon as Sec. 7.25. Sec. 7.26 Naalehu Zone Map, marked thereupon as Sec. 7.26. UM Sec. 7.26(a-1) The District Classification of the following area situated at Kahilipali Nui, Ka'u, Hawaii, shall be Single Family Residential (RS -7.5): Beginning at the northeast corner of this parcel of land and on the south side of Mamalahoa Highway, the coordinates of said point of beginning referred to Govern- ment Survey Triangulation Station "STEIN 2" being 214.38 feet South and 4444.68 feet West, and running by azimuths measured clockwise from true South: 1. 3580 11' 58" 199.73 feet along the remainder of R. P. 6882, L. C. Aw. 9971, Apana 10 to W. P. Leleiohoku; 2. 900 23' 33" 1326.15 feet along the remainder of R. P. 6882, L. C. Aw. 9971, Apana 10 to W. P. Leleiohoku; 3. 1710 42' 201.90 feet along the remainder of R. P. 6882, L. C. Aw. 9971, Apana 10 to W. P. Leleichoku to a point on the south side of Mamalahoa Highway; 4. 2700 23' 33" 1349.02 feet along the south side of Mamalahoa Highway to the point of beginning and containing an area of 6.129 acres. Ali as outlined in red on the map marked 7.26(a-1) and made a part hereof. Sec. 7.26(a-2) The District Classification of the following area situated at Kahilipali Nui, Ka'u, Hawaii, shall be Single Family Residential (RS -7.5): Beginning at the southeast corner of this parcel of land end on the north side of proposed Hawaii Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "STEIN 2" being 1063.31 feet South and 4417.99 feet West, and running by azimuths measured clockwise from true South: 1. 860 23' 40" 1232.44 feet along the north side of proposed Hawaii Belt Road; Thence following along the north side of proposed Hawaii Belt Road on a curve to the right having a radius of 7960.00 feet, the chord azimuth and distance being: 2. 880 51' 20" 683.63 feet; 3. 1710 42' 87.94 feet along Grant 996 to S. Laanui; 4. 2690 34' 40" 595.60 feet along the remainder of R. P. 6882, L. C. Aw. 9971, Apana 10 to W. P. Leleiohoku; 5. 1710 42' 664.50 feet along the remainder of R. P. 6882, L. C. Aw. 9971, Apana 10 to W. P. Leleiohoku; 6. 2690 34' 40" 80.00 feet along the remainder of R. P. 6882, L. C. Aw. 9971, Apana 10 to W. P. Leleiohoku; 7. 2700 23' 33" 1326.15 feet along the r,mainder of R. P. 6882, L. C. Aw. 9971, Apana 10 to W. P. Leleiohoku; B. 358n 11' 58" 649.62 feet along the remainder of R. P. 6882, L. C. Aw. 9971, Agana 10 to W. P. Leleiohoku to the point of beginning and containing an area of 23.022 acres. All as outlined in red on the map marked 7.26(a-2) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) approximately 1.5t acres be set aside and improved for active recreational use primarily for occupants of the development. The location of the site shall be determined at the time of subdivision approval of the first increment; (B) the area be zoned in three (3) increments. The first increment shall consist of forty (40) lots; the second thirty (30); and the third, the remaining lots. The zoning for the second and third increments shall not become effective until substantial development has occurred on the first and/or previous increment(s). Substantial development is defined as building permits issued and construction partially completed --partially completed in the sense of having at lease roofs on fifteen (15) houses or 37 per cent of the first 8-291 increment and ten (10) houses or 33 per cent of the second incre- ment or a combined total of twenty-five (25) houses or 35 per cent on the entire first and second increments; (C) the owner or lessee of the subject property submit a subdivision plan for preliminary approval of the first increment within one year from the official date of approval of the rezoning. Should this condi- tion not be met, action may be taken to rezone the subject area to a more appropriate zoning classification; and (D) sufficient area be set aside for a buffer strip between the proposed development and the proposed Hawaii Belt Road. Sec. 7.27 Waiohinu Zone Map, marked thereupon as Sec. 7.27. 8-292 Sec. 7.27(a) The District Classification of the following area situated at Waiohinu, Ka'u, Hawaii, shall be Resort -Hotel (V-1.5): Beginning at a 1/2" pipe at the south corner of this parcel of land and on northeast side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW A AO" being 1333.72 south and 4212.51 east, and running by azimuths measured clockwise from true south: 1. 1230 16' 00" 379.02 feet along the northeast side of Mamalahoa Highway; 2. 2270 47' 00" 248.36 feet along the remainder of L.C.A. 10683 to Pini; 3. 3220 31' 20" 61.50 feet along a portion of L.C.A. 9174, Anana 1 to Keaweheana 2; 4. 2280 21' 00" 190.05 feet along the remainder of L.C.A. 9174, Anana 1 to Keaweheana 2; 5. 1420 31' 20" 221.82 feet along same; 6. 550 10' 00" 189.55 feet along same; 7. 1420 31' 20" 126.00 feet along a portion of L.C.A. 10683 to Pini; 8. 2280 45' 00" 210.00 feet along portions of Kamehameha IV Deed to C. N. Spencer and L.C.A. 10307, Apana 1 to I; 9. 3220 31' 20" 460.00 feet along the remainder of L.C.A. 9174, Apana 1 to Keaweheana 2; 10. 3410 50' 20" 61.76 feet along the remainder of L.C.A. 9174, Anana 1 to Keaweheana 2 and L.C.A. 10663 to Pini; 11. 370 13' 00" 147.00 feet along the Roman Catholic Church Cemetery Lot being portion of L.C.A. 10683 to Pipi; 12. 3060 00' 00" 82.00 feet along same; B-293 13. 330 51' 00" 204.10 feet along the northwest side of Roman Catholic Church Cemetery Road to the point of beginning and containing an area of 3.185 acres. All as outlined in red on the map marked 7.27(a) and made a part hereof. Sec. 7.28 South Hilo District Zone Man exclusive of the City of Hilo, Papaikou-Onomea, Pepeekeo and Hakalau-Honomu, marked thereupon as Sec. 7.28. Sec. 7.28(a) The District Classification of the following area situated at Kaieie Homesteads, Kaieie, South Hilo, Hawaii, shall be Agricultural (A -5a): Beginning at the northeast corner of this parcel of land and on the south side of Kaieie Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PAHIHA" being 2048.40 feet north and 1365.30 feet west, and running by azimuths measured clockwise from true South: 1. 3580 23' 1337.15 feet along Lot 3, Kaieie Homesteads, to a point 10 feet from the north edge of Kaieie Stream; thence following along a line 10 feet from and parallel to the north edge of Kaieie Stream, the direct azimuth and distance between points 10 feet from the north edge of said stream being: 2. 950 36' 475.00 feet; 3. 178° 23' 1086.75 feet along Lot 5-B, Kaieie HomestFads, to a point on the southeasterly side of Kaieie Homestead Road; 4. 2310 20' 140.00 feet along the south side of Kaieie Homestead Road; Thence along a curve to the right having a radius of 539.78 feet, the chord azimuth and distances being: B-294 5. 2500 43' 30" 358.44 feet along the south side of Kaieie Homestead Road to the point of beginning and containing an area of 13.129 acres. All as outlined in red on the map marked 7.28(a) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the subject area be responsible for submitting and securing preliminary approval of a subdivision no later than one (1) y,ar from the official date of approval of this rezoning request. Should this condition not be met, action may be taken to rezone the subject area to a more appropriate zoning classification. Sec. 7.29 City of Hilo Zone Map, marked thereupon as Sec. 7.29. Sec. 7.29(a) The District Classification 6f the following area situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial (CN -10): Beginning at a nail at the southeast corner of this parcel of land and at the northwest corner of the intersection of Kanoelehua Street and Kuawa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1684.91 feet north and 11061.50 feet east, and running by azimuths measured cicokwise from true south: 1. 900 00' 227.47 feet along the north side of Kuawa Street to a pipe; 2. 1800 00' 260.94 feet along the remainder of Grant 11766:1 to American Factors, Limited to a pipe; 3. 270° 00' 227.47 feet to a pipe on the west side of Kanoelehua Street; 4. 3600 00' 260.94 feet along the west side of Kanoelehua Street to the point of beginning and containing an area of 59,356 square feet. All as outlined in red on the map marked 7.29(a) and made a part hereof. 8-295 Sec. 7.29(b) The District Classification of the following area situated at Waiakea Homesteads, South Hilo, Hawaii, shall be Agricultural (A -la): Beginning at a point at the Northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Trangulation Station "HALES" being 17200.60 feet south and 8640.20 feet east, and running by azimuths measured clockwise from true south: 1. 2650 40' 2207.20 feet along Lot 902, Waiakea Homesteads; 2. 28° 33' 102.20 feet along Old Volcano Road; 3. 100 40' 293.20 feet along Old Volcano Road; 4. 170 51' 358.90 feet along Old Volcano Road; 5. 341°. 24' 205.00 feet along Old Volcano Road; 6. 348° 42' 166.40 feet along Old Volcano Road; 7. 850 10' 2011.10 feet along Government land; 8. 1750 40' 1082.76 feet to the point of beginning and containing an area of 50.314 acres, a little more or less. All as outlined in red on the map marked 7.29(b) and made a part hereof. Sec. 7.29(c) The District Classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Limited Industrial (ML -20): Beginning at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1624.91 feet north and 9851.28 feet east, and running by azimuths measured clockwise from true south: 1. 2700 00' 00" 721.60 feet along the south side of Kuawa Street; 2. 3600 00' 00" 511.39 feet along the west side of Kalanikoa Street; ED331 I 3. 9o° 00' 00" 366.88 feet along the north side of Kawelolani Street; 4. 1800 00' 00" 59.39 feet along a portion of Kawelolani Street and along government land; 5. 2700 00' 00" 31.01 feet along government land; 6. 1800 00' 00" 193.74 feet along government land; 7. 123° 55' 30" 202.32 feet along government land; 8. 900 00' 00" 217.85 feet along government land; 9. 1800 00' 00" 145.33 feet along a proposed street to the point of beginning and containing an area of 239,137 square feet or 5.4898 acres. All as outlined in red on the map marked 7.29(c) and made a part hereof. Sec. 7.29(d) The District Classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be General Commercial (CG -7.5): Beginning at the northeast corner of this parcel of land and on the west side of Kilauea Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1406.13 feet south and 6620.48 feet east, and running by azimuths measured clockwise from true south: 1. 346° 03' 89.44 feet along the west side of Kilauea Avenue; Thence along the west side of Kilauea Avenue on a 5759.60 feet radius curve to the left, the chord azimuth and distance being: 2. 346° 02' 16" 2.45 feet to the northeast corner of Lot 3-A; Thence along the west side of Kilauea Avenue on a 5759.60 feet radius curve to the left, the chord azimuth and distance being: 8-297 0 3. 3450 16' 46" 150.00 feet to the southeast corner of Lot 3-A, the northwest corner of Kilauea Avenue and Lanihuli Street; 4. 580 10' 162.89 feet along the north side of Lanihuli Street; Thence running northerly for the next four (4) courses, the direct azimuths and distances being: 5. 1480 10' 123.30 feet; 6. 2510 56' 30" 26.42 feet; 7. 1520 30' 126.09 feet; 8. 1670 30' 55.40 feet; 9. 2570 37' 30" 192.72 feet along the north side of Lot 3-C, to the point of beginning and containing an area of 49,011 square feet. All as outlined in red on the map marked 7.29(d) and made a part hereof. Sec. 7.29(f) The District Classification of the following area situated at Kukuau 1st, South Hilo, Hawaii, shall be Multiple Family Residential (RM -4): Beginning ata point at the north corner of this parcel of land and on the southeasterly side of Kukuau Street, the coordinates of said ooint of beginning referred to Government Survey Triangulation Station "HALAI" being 1538.79 feet south and 2070.42 feet east, and running by azimuths measured clockwise from true South: 1. 3280 10' 766.85 feet along Lots 9-L-29, 9-L-34, 9-L-35 and 9-L-36 of Land Court Apolication 1205; 2. 460 45' 243.98 feet along a portion of Lot 14, along Lots 13, 12, 11, and a portion of Lot 10, Mohouli Subdivision; 3. 370 03' 312.20 feet along a portion of Lot 10, along Lots 9, 8, 7, 6 and a portion of Lot 5, Mohouli Subdivision; 4, 400 11' 294.90 feet along a portion of Lot 5, along Lots 4, 3, 2 and 1, Mohouli Subdivision and along a portion of the westerly end of Kumukoa Street; 5. 410 12' 964.90 feet along a portion of the westerly end of Kumukoa Street, along Park Site and along Government Land; 6. 580 14' 208.06 feet along Government Land to a point on the north- easterly side of Komohana Street; 7. 1480 10' 752.34 feet along the northeasterly side of Komohana Street; Thence following along a curve to the right having a radius of 27.00 feet, the chord azimuth and distance being: 8. 1930 10' 38.18 feet; 9. 238° 10' 11.50 feet along the southeasterly side of Kukuau Street; Thence following along the southeasterly side of Kukuau Street on a curve to the left having a radius of 330.38 feet, the chord azimuth and distance being: 10. 228° 40' 109.06 feet; 11. 2190 10' 316.47 feet along the southeasterly side of Kukuau Street; 12. 1290 10' 5.38 feet along Kukuau Street; 13. 2190 10' 195.33 feet along the southeasterly side of Kukuau Street; 14. 1120 00' 20.11 feet along Kukuau Street; 15. 2190 17' 658.15 feet along the southeasterly side of Kukuau Street; 16. 2290 56' 710.07 feet along the southeasterly side of Kukuau Street to the point of beginning and containing an area of 37.145 acres. Subiect, however, to an easement for road ourposes as shown on Map 7 of Land Court Anplication 1205. E:D�.L•Is] All as outlined in red on the map marked 7.29(f) and made a part hereof. This section shall take effect forthwith upon the conditions that (1) the proposed multiple residential portion of the development comply with the goals, policies and standards for multiple residential developments as contained in the General Plan document; (2) the applicant's proposed project for the area recommended for the change of zone comply with the Planned Unit Development provisions of Ordinance No. 63, County of Hawaii; and (3) the area shall be incrementally zoned as follows: a) there shall be three sections of development. These three sections are the apartment, townhouse, and single- family residential unit areas. b) zoning for each section shall be done in increments. The apartment section shall consist of 4 increments; the townhouses in 7 increments; and the single-family in 2 increments. The zoning for the next increment of any section shall not become effective until substantial development has occurred on the previous zoning increment of that particular section. Substantial development is defined as building permits issued and construction partially completed --partially completed in a sense of having at least roofs on them --on 15 per cent of the permanent structures of each increment. The order of increments for the townhouse and apartment sections shall be determined at the time of consideration of the Planned Unit Development application. There shall be no order of increments for the single-family residential section, except that there shall be two increments --one consisting of all those lots (13) encompassed by the subdivision road for that section, and the other consisting of the remaining lots (19). Sec. 7.29(8) The District Classification of the following area situated at Waiakea Homesteads, Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS -15): Beginning at an iron pipe at the southeast corner of this lot, the southwest corner of Lot 620 and on the north side of Kawailani Street th, coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 12360.8 feet South and 543.7 feet West, as shown on Government Survey Registered Map No. 2650, and running by true azimuths: 1. 850 40' 968.0 feet along the N,rth side of Kawailani Street to an iron pipe; 2. 1750 40' 1840.0 feet along Lot 622 to an iron pipe; 3. 2650 40' 968.0 feet along Lot 521 to an iron pipe; 4. 3550 40' 1840.0 feet along Lot 620 to the point of beginning and containing an area of 40-89/100 Acres. All as outlined in red on the map marked 7.29(g) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be incrementally zoned in two (2) increments. The first incr,ment shall consist of fifty-eight (58) lots and the second increment the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first zoning increment. Development is defined as building permits issued for residential dwelling units and construction partially completed --partially completed in the sense of having roofs on those units --on a minimum of twenty-four (24) dwelling units of the first increment. This is to assure that a minimum of twenty-five (25) per cent housing construction rneni would occur on the total subdivision; and (B) the owner or lessee of the subject property submit a subdivision plan for preliminary approval within one (1) year from the date of approval of the change of zone. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject property to its former zoning designation. Sec. 7.29(h) The District Classification of the following area situated at Waiakea Homesteads, Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS -15): Beginning at the northwest corner of Parcel 4, the coordinates of said point referred to Government Survey Triangulation Station "HALAI" being 12,492.13 feet South and 1,747.27 feet West, thence running by azimuths measured clockwise from true South: 1. 265° 40' 242.00 feet along Kawailani Street; 2. 3550 40' 1800.00 feet along Grant 12194; 3. 850 40' 242.00 feet along Grant 11637; 4. 1750 40' 1800.00 feet along Parcel 3 to the point of beginning and containing an area of 435,600 square feet, or 10.00 Acres. more or less. All as outlined in red on the map marked 7.29(h) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in two (2) increments. The first increment shall consist of fourteen (14) lots and the second increment shall consist of the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first zoning increment. Development is defined as building permits issued for residential dwelling units and construction partially completed --partially completed in the sense of having roofs on those wits --on a minimum of 8-302 six (6) or forty-three (43) percent of the lots of the first increment. This would insure that a minimum of twenty-five (25) percent housing construction would occur on the total area requested; and (B) the owner or lessee of the subiect area submit a subdivision plan and secure preliminary approval no later than one year from the date of approval of the sub+ect request. Should this condition not be met, the Planning Commission shall reserve the right to initiate action to rezone the subiect area to its former designation. Sec. 7.29(i) The District Classificatinn of the following area situated at Ponahawai, South Hilo, Hawaii, shall be Single Family Residential (RS -7.5): Beginning at a point at the north corner of this parcel of land and on the southeasterly side of Ponahawai Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 186.37 feet north and 1972.96 feet east, and running by azimuths measured clockwise from true south: 1. 3250 53' 713.82 feet along the remainder of Grant 252 to B. Pitman to a point in the middle of Alenaio Stream; 2. 850 40' 15.29 feet along the middle of Alenaio Stream; Thence following along the middle of Alenaio Stream for the next forty-nine (49) courses: 3. 420 10' 100.00 feet; 4. 29° 24' 38" 61,25 feet; 5. 160 55' 05" 74.55 feet; 6. 140 29' 209.70 feet; 7. 3540 30' 72.00 feet; 8. 510 24' 49.50 feet; 8-303 9. 660 12' 63.10 feet; 10. 1250 01' 33.48 feet; 11. 760 32' 64.94 feet; 12. 880 10' 48.00 feet; 13. 102° 21' 51" 26.48 feet; 14. 730 17' 16" 60.88 feet; 15. 1150 25' 02" 66.02 feet; 16. 870 55' 46" 83.31 feet; 17. 750 42' 18" 113.42 feet; 18. 830 34' 36" 40.73 feet; 19. 510 14' 31" 46.97 feet; 20. 290 17' 18" 87.73 feet; 21. 3580 48' 30" 13.10 feet; 22. 3580 10' 30" 42.30 feet; 23. 3400 55' 26" 41.76 feet; 24. 3590 13' 07" 75.00 feet; 25. 3410 56' 33" 63.38 feet; 26. 3270 18' 23" 21.20 feet; 27. 180 56' 17.75 feet; 28. 590 15' 34.43 feet; 29. 670 28' 30" 23.63 feet; 30. 460 07' 14.87 feet; 31. 560 12' 90.20 feet; 32. 620 19' 144.25 feet; 33. 440 07' 37" 61.88 feet; 34. 680 05,. 55" 33.30 feet; 35. 190 22' 12" 36.52 feet; 36. 690 15' 03" 70.78 feet; 37. 880 06' 43" 47.03 feet; 38. 490 22' 28" 35.51 feet; 39. 680 08' 40" 18.79 feet; 40. 990 10' 50.20 feet; 41. 620 05' 49.86 feet; 42. 740 04' 49.99 feet; 8-305 43 44 45 46 47 48 49 50 51 970 40' 590 55' 840 14' 550 15' 860 10' 430 18' 680 03' 450 27' 41c 42' 52. 1600 38' 53. 1650 40' 54. 1900 30' 55. 1400 00' 56. 1650 40' 57. 2100 40' 58. 2550 40' EMII, 26.57 feet; 29.50 feet; 52" 65.50 feet; 30" 123.06 feet; 32" 72.32 feet; 133.74 feet; 25" 81.96 feet; 218.70 feet; 145.99 feet to a point on the easterly side of Komohana Street; Thence following along the easterly side of Komohana Street on a curve to the right having a radius of 2960.00 feet, the chord azimuth and distance being: 26" 518.65 feet; 232.89 feet along the easterly side of Komohana Street; 69.34 feet along the easterly side of Komohana Street; 67.23 feet along the northeasterly side of Komohana Street; 79.95 feet along the easterly side of Komohana Street; Thence following along a curve to the right having a radius of 32.00 feet, the chord azimuth and distance being: 45.26 feet to a point on the southerly side of Ponahawai Street; 250.46 feet along the southerly side of Ponahawai Street; Thence following along the southerly side of Ponahawai Street on a curve to the left having a radius of 1030.00 feet, the chord azimuth and distance being: EMII, 59. 2440 05, 413.63 feet; 60. 232° 30, 1819.20 feet along the southeasterly side of Ponahawai Street to the point of beginning and containing an area of 50.988 acres. All as outlined in red on thF map marked 7.29(i) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be incrementally zoned in six (6) increments. The first three (3) increments shall consist of sixty (60), forty (40), and forty (40) lots respectively. The final three (3) increments shall consist of forty (40), thirty (30), and remaining lots respectively. The effective date of zoning for the next increment shall be after development has occurred on the previous zoning increment. Development is defined as building permits issued for residential dwelling units and construction partially completed --partially completed in thF sense of having at least roofs on them --on twenty-five (25) per cent of the lots of the previous increment or increments; (B) approximately four (4) acres be set aside and improved by the developer for active recrFational uses; (C) the development of the lower portion of the subiect area occur only after the present sugar cane crop has been harvested; and (D) the owner or lessee of the subiect property submit a subdivision plan for preliminary approval of the first incrFment within one (1) year from the date of approval of the change of zoning. Should these conditions not be met, the Planning Commission shall reserve the right to initiate action to rezone the subject property to its former zoning designation. Sec. 7.29(j) The District Classification of the following area situated at Waiakea Houselots, Waiakea, South Hilo, Hawaii, shall be Limited Industrial (ML -20): 8-307 Beginning at the southwest corner of this lot, the northwest corner of Lot 6, Block 24, and on the east side of Kanoelehua Avenue, said point is located 1363.00 feet South and 11,125.00 feet East from Government Survey Triangulation Station "HALAI", as shown on Government Survey Registered Map 2566, thence from said point of beginning by azimuths (measured clockwise from true South) and distances as follows: 1. 1800 00' 100.00 feet along the east side of Kanoelehua Avenue; 2. 270' 00' 273.40 feet along Lot 3 (revised), Block 24; 3. 3410 00' 105.76 feet along the southwest side of Road Reserve; 4. 900 00' 307.84 feet along Lots 7 and 6, Block 24 to the point of beginning and containing an area of 29,062 square feet, or thereabouts. All as outlined in red on the map marked 7.29(j) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subiect property be responsible for securing a building permit and beginning construction of the proposed structure within one (1) year from the date of approval of the change of zone; (B) the. proposed building conform with all pertinent standards of the General Plan document as well as other rules and regulations of the County; and (C) egress and ingress to the subject area be provided which would properly reflect the programmed 4 -lane divided highway. Should any of these conditions not be met, action may be taken to rezone the land to an appropriate zoning classification. Sec. 7.29(k) The District Classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Limited Industrial (ML -20): Beginning at the northwest corner of this parcel of land, on the southwest corner of Parcel 2, Addition to General Lyman Field (Extension to Runway 8-26), Governor's Executive Order 2134, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 488.32 feet north and 18,063.89 feet east, as shown on Government Survey Registered H. T. S. Plat 919-B, thence running by azimuth measured clockwise from true South: 1. 2660 19' 4561.38 feet along Parcel 2, Addition to General Lyman Field (Extension to Runway 8-26), Governor's Executive Order 2134 and along Parcel 1-3; 2. 3240 49' 958.70 feet along Lot 47 -D -3-B (Map 13) of Land Court Aoolication 433; 3. 90 57' 30" 1696.70 feet along Lot 47 -D -3-B (Map 13) of Land Court Aoolication 433; 4. 900 00' 4931.77 feet along the remainder of Government Land and along the Hawaii National Guard Site, Governor's Executive Order 1562; 5. 1800 00' 900.00 feet along the Hawaii National Guard Site, Governor's Executive Order 1562; 6. 116° 33' 54" 447.21 feet along the Hawaii National Guard Site, Governor's Executive Order 1562; 7. 900 00' 600.00 feet along the Hawaii National Guard Site, Governor's Executive Order 1562; 8. 1790 58' 30" 918.38 feet along Parcel "A," General Lyman Field, Governor's Executive Order 1519; 9. 2690 56' 30" 768.34 feet along Parcel "A," General Lyman Field, Governor's Executive Order 1919; 10. 2670 50' 234.89 feet along Parcel "A," General Lyman Field, Governor's Executive Order 1519; 6� Thence along Parcel "A," General Lyman Field, Governor's Executive Order 1519, on:a curve to the left with a radius of 100.00 feet, the chord azimuth and distance being: 11. 2350 05' 108.20 feet; 12. 2020 20' 77.50 feet along Parcel "A," General Lyman Field, Governor's Executive Order 1519, to the point of beginning and containing an area of 289.501 acres. Ail as outlined in red on the map marked 7.29(k) and made a part hereof. This section shall take effect forthwith upon the condition that construction of the proposed facilities begin within one (1) year from the date of approval of the change of zone. Should this condition not be met, action may be taken to rezone the land to a more appropriate zoning classification. Sec. 7.29(1) The District Classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Multiple Family Residential (RM -1): Beginning at the southwest corner of this parcel of land, being also the northwest corner of Lot 11-C of Land Court Application 1559, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 2,523.67 feet South and 7,896.09 feet East, thence running by azimuths measured clockwise from True South: 1. 187° 50' 30" 186.15 feet along Grant 4777 to T. Clive Davies; 2. 1560 17' 14.74 feet along same; 3. 251° 27' 311.97 feet along Grant 11,646 to Theo. H. Davies Co., Ltd.; 4. 3600 00' 297.14 feet along Iolani Street; 5. 900 00' 315.24 feet along Lots 11-A, ll -B and ll -C of Land Court Application 1559 to the point of beginning and containing an area of 74,416 square feet or 1.708 acres. 8-310 All as outlined in red on the map marked 7.29(1) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in two increments with the first increment not exceeding one (1) acre in size and the second increment the remaining area. Thus, under the requested RM -1 zone, the maximum density would be forty-three (43) units. Zoning for the second increment shall become effective only after substan- tial development has occurred on the first increment. Substantial development is defined as building permits issued and construction commenced on twenty-five (25) per cent of the permanent structure of the entire project; (B) the first increment be situated to the rear of the subject property and not parallel to the side property lines. Since this change of zone would be situated between an existing, built-up, single-family area and a light industrial and residential -duplex area, it is felt that the location of the building becomes critical. The rear area would afford the single-family area on the Puna side the semi -privacy it presently enjoys; (C) the owner or lessee of the sublect area be responsible for securing a building permit and having construction started within one (1) year from the date of approval of the change of zone. Should this condition not be met, the Planning Commission shall reserve the right to reevaluate the subject area and initiate proceedings to rezone it to its former zoning designation; and (D) the development shall comply with the standards for multiple -residential development contained in the General Plan document, such as the ground cover and open space requirement. 8-311 Sec. 7.29(m) The District Classification of the following area situated at Piihonua, South Hilo, Hawaii, shall be Multiple Family Residential (RM -2): Beginning at a pipe at the west corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1387.72 feet north and 873.60 feet west, and running by azimuths measured clockwise from true South: 1. 2410 27' 261.44 feet along Government Land to a pile; Thence along Government Land along a curve to the left having a radius of 474.06 feet, the chord azimuth and distance being: 2. 2390 10' 15" 37.71 feet to a pipe; 3. 3260 48' 209.25 feet along Government Land to a pipe; 4. 560 48' 80.00 feet along Government Land to a pipe; 5. 3260 48' 10.00 feet along Government Land to a pipe; 6. 560 48' 80.00 feet along Grant 12478 to a pipe; 7. 1460 48' 5.00 feet along Grant S-14011; B. 560 48' 261.40 feet along Grants S-14011, S-14086 and S-14103 and also across Grant 9494 to a pipe; 9. 1570 22' 24.41 feet along the easterly side of Hale Street to a pine; 10. 2360 48' 101.34 feet across Grant 9494 and also along the remainder of Grant 12854 to a pipe; 11. 1510 27' 213.74 feet along the remainder of Grant 12854 and across the abandoned portion of Wailuku Drive to the point of beginning and containing an area of 1.649 acres. All as outlined in red on the map marked 7.29(m) and made a part hereof. 8-312 This section shall take effect forthwith upon the conditions that (A) the applicant or the owner of the subiect area be responsible for securing a building permit within one (1) year from the date of approval of the request. The development shall conform substantially to the preliminary building plans submitted in conjunction with the rezoning request. Should this condition not be met, action may be initiated to reclassify the sub9ect area to a more appropriate designation; (B) the development comply with the policies and standards for multiple residential development of the General Plan document; and (C) the applicant or owner of the subiect area be responsible for widening Hale Street to a minimum pavement width of 20 feet from Waianuenue Avenue to the driveway entrance of the project and that a sewer line also be constructed to Waianuenue Avenue. 8-313 Sec. 7.29(n) The District Classification of the following area situated at Waiakea Homesteads, 2nd Series, Waiakea, South Hilo, Hawaii shall be Single Family Residential (RS -15): Beginning at the northeast corner of this parcel of land the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 13632.80 feet South and 3045.89 feet West, and running by azimuths measured clockwise from true South: 1. 3550 40' 300.00 feet along Lot 47, Macadamia Grove Estates Subdivision; 2. 850 40' 290.40 feet along the remainder of Lot 723, Grant 11308 to H. H. Padgett, to a point on the east side of Kupulau Street; 3. 1750 40' 300.00 feet along the east side of Kupulau Street; 4. 2650 40' 290.40 feet along Lots 65 and 48, Macadamia Grove Estates Subdivision, to the point of beginning and containing an area of 2.00 acres. All as outlined in red on the map marked 7.29(n) and made a part hereof. This section shall take effect forthwith upon the condition that the owner or lessee of the subject area submit a subdivision plan for preliminary approval within one (1) year from the date of approval of the subject request. Should this condition not be met, action may be taken to rezone the subject area to an appropriate designation. Sec. 7.29(o) The District Classification of the following area situated at Ponahawai, South Hilo, Hawaii, shall be Agricultural (A -la): 8-314 8-315 Beginning at the southwest corner of this parcel of land at the southeast corner of Increment 1-B of Kaumana City Subdivision (File Plan 1012) the coordinates of said point of beginning referred to Government Survey Triangulation Station "NASA I" being 12,670.64 feet South and 29,037.79 feet West and running by azimuths measured clockwise from true South: 1. 1750 52' 30" 162.50 feet along Increment 1-B of Kaumana City Subdivision (File Plan 1012); 2. 2650 52' 30" 1.55 feet along same; 3. 1750 52' 30" 40.00 feet along same; 4. 2650 52' 30" 103.46 feet along same;' 5. 1820 00` 985.84 feet along same; 6. 920 00' 60.00 feet along same; 7. 1820 00' 178.33 feet along same; 8. 71° 29' 40.57 feet along same; 9. 1820 00' 64.06 fe,t along same; 10. 2510 29' 35.23 feet along same; 11. 182° 00' 170.23 feet along same; 12. 2720 00' 65.00 feet along same; 13. 1820 00' 1096.50 feet along same; 14. 251° 31' 2560.87 feet along R. P. 1950:2 to Chas H. Wetmore on a portion of L. C. Aw. 387, Part 4, Sec. 1 to American Board of Commissioners for Foreign Missions; 15. 2840 30' 1010.82 feet along L. C. Aw. 463, R. P. 5707 to Kuihilani for E. Kahakumakaliva; 16. 259° 50' 534.93 feet along same; 17. 3300 10' 342.74 feet along same; 18. 2680 15' 509.24 feet along same; 19. 2490 08' 225.00 feet along same; 20. 357° 51' 2380.00 feet along Grant 4656 to John R. Mc Farlan; 8-315 21. 540 00' 221.00 feet along Grant 4145 to Frank G. da Rosa; 22. 990 49' 30" 1339.27 feet along Grant 4136 to Frank G. da Rosa; 23. 690 35' 30" 1083.84 feet along State of Hawaii land; 24. 1060 00' 75.64 feet along Kaumana Road; 25. 940 55' 395.88 feet along Kaumana Road; 26. 1160 00' 443.65 feet along Kaumana Road; Thence along a 175 feet radius curve to the left the chord azimuth and distance being: 27. 900 39' 149.85 feet; 28. 650 18' 537.16 feet along Kaumana Road; 29. 680 50' 365.93 feet along Kaumana Road; 30. 520 00' 283.73 feet along Kaumana Road; 31. 29° 15' 205.03 feet along Kaumana Road; Thence along a 160 feet radius curve to the right the chord azimuth and distance being: 32. 300 10' 22" 4.00 feet; 33. 850 26' 406.51 feet along State of Hawaii land to the point of beginning and containing an area of 292.0 acres. All as outlined in red on the map marked 7.29(o) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned into four increments. The first three increments shall each consist of a maximum sixty (60) lots and the fourth increment the remaining lots. The effective date of zoning for subsequent increments shall be after development has occurred on th, previous increment or combination of increments. Development is defined as building permits issued 8-316A for residential dwelling units and construction partially completed in the sense of having walls on the units - on thirty (30) per cent of the lots of the previous increment or combination of increments. This would assure development on a minimum of twenty-five (25) per cent of the total lots or sixty (60) dwellings; (B) a minimum of five (5) acres be set aside and improved by the owner for active recreational purposes. Improvement of the recreational area shall include but not necessarily be limited to the area being graded and grassed. At the time of subdivision review, the Planning and Parks and Recreation Departments shall determine the location, configuration and the improvements of the park area; and (C) the applicant, Mr. Norman N. Inaba, submit and secure tentative approval of a subdivision plan within one year from the date of approval of the change of zone. The applicant shall also assume the responsibility for securing final subdivision approval of the subject area. Should these conditions not be met, action may be taken to nullify any subdivision approval and to reclassify the subject area to a more appropriate designation. Sec. 7.29(p) The District Classification of the following area situated at Punahoa 2nd, South Hilo, Hawaii, shall be Neighborhood Commercial (CN -10): Beginning at the north .corner of this lot, the west corner of Hualilili and Kaumana Roads, the coordinates of said point of beginning being referred to Government Survey Triangulation Station "HALAL," being 493.21 feet south and 2,646.52 feet west, thence running by azimuths measured clockwise from true south: 1. 3160 15' 159.89 feet along Hualilili Road; 2. 460 15' 75.00 feet along Lot 5, Block N; 3. 1360 15' 158.62 feet along Lot 3, Block N to Kaumana Road; FOR .R 4. 2250 17' 75.01 feet along Kaumana Road to the point of beginning and containing an area of 11,944 square feet, more or less. All as outlined in red on the map marked 7.29(p) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the amount of available parking would determine the amount of usable commercial space; (B) improvements be made to Hualilili Street which shall include a minimum pavement width of 16 feet; and (C) the applicant, Tadayoshi Ishizu, be responsible for securing a building permit and assuring construction started for improvements to the second story for commercial office uses or a maximum of one residential unit use within one year from the official date of approval of the change of zone. All future developments shall also be limited to commercial and single-family residential uses. 8-317 SEC. 7.29(q). The district classification of the following area situated at Waiakea Homesteads, 2nd Series, Waiakea, South Hilo, Hawaii, shall be Single Family Residential (RS -10): Beginning at the northwest corner of this parcel of land, the northeast corner of Lot 721, Waiakea Homesteads, 2nd Series, and along the south side of Kawailani Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station 'HALM ,' being 12,400.7 feet South and 540.7 feet West, thence running by azimuths measured clockwise from true South: 1. 2650 40' 968.00 feet along the south side of Kawailani Street; 2. 3550 40' 1,800.00 feet along Lot 719, Waiakea Homesteads, 2nd Series; 3. 850 40' 968.00 feet along Lot 814, Waiakea Homesteads, 2nd Series; 4. 1750 40' 1,800.00 feet along Lot 721, Waiakea Homesteads, 2nd Series, to the point of beginning and containing an area of 40.00 acres. All as outlined in red on the map marked 7.29(q) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in two (2) increments. The first increment shall consist of 80 lots and the second increment the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permits issued for residential dwelling units and construction partially completed -- partially completed in the sense of having roofs on 32 units within the first increment to assure that a minimum of 25 per cent of the lots are developed with dwellings; (B) the applicant, Herbert Matsunaga, submit and secure tentative approval of increment 1 of the proposed subdivision within one (1) year from the date of approval of the change of zone and also assume the responsibility for securing final subdivision approval for the first increment; (C) a minimum park area of 3.5 acres be provided. Minimum improvements shall include but not be limited to grading and grassing which is acceptable to appropriate agencies. The exact location and configuration of the park site shall be determined at the time of subdivision review of the first increment; (D) a cost breakdown and a complete list of buyers be submitted to the Planning Commission for review prior to submittal of the plans for preliminary subdivision approval for the second increment. Should any of these conditions not be met, action shall be taken to rezone the subject area to a more appropriate designation. SEC. 7.30 Papaikou-Onomea Zone Map, marked thereupon as Sec. 7.30. SEC. 7.30(a) The District Classification of the following area situated at Papaikou, South Hilo, Hawaii, shall be Village Commercial (CV -10): Beginning at a pipe at the southeast corner of this parcel of land, being also on the west side of Mamalahoa Highway, the coordinates of which referred to Government Survey Triangulation Station "ALALA" being 19,150.68 feet south and 5,433.60 feet east and thence running by azimuths measured clockwise from true south: 8-319 1. 690 20' 19.00 feet along Plantation Road; 2. 910 23' 21.34 feet along Plantation Road; 3. 1170 15' 16.00 feet along Plantation Road; 4. 1380 20' 12.00 feet along Plantation Road; 5. 1470 00' 21.70 feet along Plantation Road; 6. 1690 45' 85.60 feet along Plantation Road; 7. 1690 471 55.70 feet along Plantation Road; B. 1920 40' 30.30 feet along Plantation Road; 9. 181° 02' 40.30 feet along Plantation Road; 10. 1650 30' 35.40 feet along Plantation Road; 11. 3120 30' 23.00 feet along Plantation Road; 12. 3180 20' 20.00 feet along Plantation Road; 13. 3270 00' 22.00 feet along Plantation Road; 14. 3370 10' 22.00 feet along Plantation Road; 15. 3420 06' 25.86 feet along Plantation Road; 16. 3470 00' 182.30 feet along west side of Mamalahoa Highway to the point of beginning and containing an area of 14,138 square feet. All as outlined in red on the map marked 7.30(a) and made a part hereof. Sec. 7.30(b) The District Classification of the following area situated at Kalaoa, South Hilo, Hawaii, shall be Single -Family Residential (RS -15): Beginning at a pipe at the northeast corner of this parcel of land and on the west side of Old Government Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 14160.87 feet South and 5410.81 feet East, and running by azimuths measured clockwise from true South: 1. 30 00' 377.00 feet along the west side of Old Government Road to a pipe; 8-320 2. 1° 00' 3. 1300 29' 12" 4. 1560 46' 16" 5. 2340 46' 6. 2590 17' 30" 159.00 feet along the West side of Old Government Road to a point in the middle of a stream; Thence following along the middle of a stream in all its windings, the direct azimuths and distances between points in the middle of said stream for the next two (2) courses being: 395.64 feet; 176.59 feet; 99.37 feet along the remainder of R. P. 5542, L. C. Aw. 8629, Apana 1 to Kaapa to a pipe; 317.43 feet along the remainder of R. P. 5542, L. C. Aw. 8629, Apana 1 to Kaapa to the point of beginning and containing an area of 2.734 acres. All as outlined in red on the map marked 7.30(b) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the owner or lessee of the subject property submit a subdivision plan for preliminary approval within one (1) year from the date of approval of the change of zone and (B) the owner or lessee not begin construction of any additional dwellings until the existing 2" pipeline has been replaced. Sec. 7.30(c-1) The District Classification of the following area situated at Wailua, South Hilo, Hawaii, shall be Single Family Residential (RS -7.5): Beginning at the southeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9502.43 feet North and 3120.99 feet West, and running by azimuths measured clockwise from true South: 8-321 1. 1170 03' 12" 138.00 feet along Grant 901 to Kaapa; 2. 2220 15' 22.35 feet along the remainder of Grant 1044 to Kamakaimaui and Paakaua; 3. 1900 50' 395.61 feet along the remainder of Grant 1044 to Kamakaimaui and Paakaua to a point on the proposed right-of-way line for the south side of Kaiwiki Road; Thence following along the proposed right-of-way line for the south side of Kaiwiki Road on a curve to the left having a radius of 481.00 feet, the chord azimuth and distance being: 4. 2660 26' 27" 107.91 feet; 5. 2600 00' 17.47 feet along the proposed right-of-way line for the south side of Kaiwiki Road; 6. 100 50' 486.27 feet along the remainder of Grant 1044 to Kamakaimaui and Paakaua to the point of beginning and containing an area of 54,455 square feet or 1.2501 acres. All as outlined in red on the map marked 7.30(c-1) and made a part hereof. Sec. 7.30(c-2) The District Classification of the following area situated at Wailua, South Hilo, Hawaii, shall be Single Family Residential (RS -7.5): Beginning at the west corner of this parcel of land and on the northeasterly side of Kaiwiki Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9897.99 feet North and 2566.89 feet West, and running by azimuths measured clockwise from true South: 1. 2100 00' 186.00 feet along Lots 5 and 1, Wainaku Camp 2 Subdivision; 2. 2490 15' 30" 134.32 feet along the remainder of Grant 1044 to Kamakaimaui and Paakaua; 8-322 8-323 Thence following along the remainder of Grant 1044 to Kamakaimaui and Paakaua for the next eight (8) courses: 3. 3170 19' 178.07 feet; 4. 3020 17' 30" 128.08 feet; 5. 3350 03' 55.11 feet; 6. 3500 13' 104.40 feet; 7. 3170 58' 113.97 feet; 8. 3110 00' 109.21 feet; 9. 2930 20' 82.07 feet; 10. 2740 51' 60.13 feet; 11. 279° 49' 249.71 feet along the remainders of Grant 1044 to Kamakaimaui and Paakaua and Grant 1937 to Mary Carney; 12. 110 18' 163.99 feet along the remainder of Grant 1937 to Mary Carney; 13. 3160 50' 87.41 feet along the remainder of Grant 1937 to Mary Carney; 14. 3310 30' 52.58 feet along the remainder of Grant 1937 to Mary Carney; 15. 3420 51' 127.00 feet along the remainder of Grant 1937 to Mary Carney; 16. 340 40' 32.00 feet along the remainder of Grant 1937 to Mary Carney to a point on the northeasterly side of Kaiwiki Road; 17. 1240 40' 202.68 feet along the northeasterly side of Kaiwiki Road; Thence following along the northeasterly side of Kaiwiki Road on a curve to the right having a radius of 1160.00 feet, the chord azimuth and distance being: 18. 1290 28' 194.13 feet; 19. 1340 16' 252.71 feet along the northeasterly side of Kaiwiki Road; 8-323 Thence following along the northeasterly side of Kaiwiki Road on a curve to the left having a radius of 987.12 feet, the chord azimuth and distance being: 20. 1270 08, 245.16 feet; 21. 1200 00, 470.74 feet along the northeasterly side of Kaiwiki Road to the point of beginning and containing an area of 5.619 acres. All as outlined in red on the map marked 7.30(c-2) and made a part hereof. This section shall take effect forthwith upon the conditions that (A) the area be zoned in two (2) increments. The first increment shall consist of twenty-three (23) lots and the second, the remaining lots. The effective date of zoning for the second increment shall be after development has occurred on the first increment. Development is defined as building permits issued for residential dwelling units and construction partially completed - partially completed in the sense of having roofs on those units - on ten (10) or forty-three (43) per cent of the lots in the first increment. This is to assure that a minimum of twenty-five (25) per cent of the lots of the entire requested area would have residential units on them; (B) the owner or lessee of the subiect area submit a subdivision plan and secure preliminary approval of the first increment within one (1) year from the date of approval of the change of zone. Should this condition not be met, action may be taken to rezone the subiect area to a more appropriate zoning classification; and (C) the land developer be responsible for improving the frontage road (Kaiwiki Road) to County standards fronting the subiect area. 8-324 Sec. 7.31 Pepeekeo Zone Map, marked thereupon as Sec. 7.31. Sec. 7.31(a) The District Classification of the following area situated at Pepeekeo and Makahanaloa, South Hilo, Hawaii, shall be General Industrial (MG -5a): Beginning at a point at the southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 2672.00 feet north and 7738.00 feet east, and running by azimuths measured clockwise from true South: 1. 1880 24' 50" 328.00 feet along the remainder of R. P. 7192, L. C. Aw. 8559-B, Aoanas 17 and 18 to Wm. C.Lunalilo; Thence along the remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to Wm. C. Lunalilo for the next five (5) courses: 2. 2400 04' 40" 424.00 feet; 3. 450 24' 120.40 feet; 4. 3170 51' 10" 146.40 feet; 5. 380 35' 50" 427.85 feet; 6. 860 58' 40" 161.30 feet to the point of beginning and containing an area of 2.640 acres. All as outlined in red on the map marked 7.31(a) and made a part hereof. Sec. 7.32 Hakalau-Honomu Zone Map, marked thereuoon as Sec. 7.32. 8-325 ARTICLE 3. RFgulations for RS, Single Family Residential Districts Sec. 1. PURPOSE AND APPLICABILITY This district provides for low density residential area, for urban and suburban family life. ,It applies to areas having facilities and to carry out the above stated purpose. Sec. 2. DESIGNATION OF RS DISTRICTS 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. Sec. 3. PERMITTED USES / A. Single family dwellings. B. Golf courses where the edge of a tee or green is not closer than one hundred (100) feet to any property line. C. 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. D. Neighborhood parks, playgrounds, tennis courts, wading pools and similar neighborhood recreational areas and uses. E. Growing and gathering of crops, fruits, vegetables, flowers, trees and other plants provided no separate building for retail outlet is constructed. F. Home occupations. 5-326 G. Buildings and uses normally considered directly accessory to the above permitted uses. Sec. 4. HEIGHT LIMITS Two and one-half (2-1/2) stories but not higher than thirty-five (35) feet. Sec. 5. MINIMUM BUILDING SITE AREA No RS district shall be designated as having a minimum building site area of less than 7,500 square feet (except as indicated in Articles 23 and 24). Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH Each building site in a RS district shall have a minimum average width of sixty (60) feet, plus two (2) feet for each five hundred (500) square feet of required building area in excess of 7,500 square feet, except that no building site shall be required to have an average width of more than one hundred fifty (150) feet. Sec. 7. MINIMUM YARDS A. On a building site in a district with a required area of 7,500 to and including 9,999 square feet; front and rear yards, fifteen (15) feet; side yards, eight (8) feet. B. On a building site in a district with a required area of 10,000 to and including 19,999 square feet; front and rear yards, twenty (20) feet; side yards, ten (10) feet. C. On a building site in a district with a required area of 20,000 square feet or more; front and rear yards, twenty-five (25) feet; side yards, fifteen (15) feet. 8-327 Sec. 8. OTHER REGULATIONS (See Article 26) - A. 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. B. If a legal building site in any RS district has less area or average width than is recuired, 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. C. 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. ARTICLE 4. pel a�tions for RD, Double Resi entia Districts Sec. 1. PURPOSE AND APPLICABILITY This district'provides for moderate density areas characterized by the establishment of 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. Sec. 2. DESIGNATION OF RD DISTRICTS Each RD district shall be designated on the "Zoning Map" by the symbol "RD" followed by a number which specifies the required minimum building site area in thousands of square feet. Sec. 3. - PERMITTED USES A. Same as the "Permitted Uses" in RS districts. B. Structures to house two families, either as a duplex or as two separate single family dwellings. Sec. 4. HEIGHT LIMITS Same as the "Height Limits" in RS districts. Sec. 5. MINIMUM BUILDING SITE AREA Same as the "Minimum Building Site Area" in RS districts. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH Same as the "Minimum Building Site Average Width" in RS districts. Sec. 7. MINIMUM YARDS Same as the "Minimum Yards" in RS district 8-329 Sec. 8. OTHER REGULATIONS (See Article 76) A. There shall be no more than two dwelling units erected on any building site in a RD district. B. Distance between buildings. There shall be at least fifteen (15) feet between two single family dwellings on the same building site. C. If any legal building site in any RD district has an area of less than 6,500 square feet, then the use of the site is limited to one dwelling unit. D. Location of required off-street parking: Same as Sec. 8-C of RS districts. 8-330 ARTICLE 5. Regulations for RM, Multiple Family Residential Districts Sec. 1. PURPOSE AND APPLICABILITY This district provides for high density residential use. It covers areas with full community facilities and services. It may occupy transition areas between commercial or industrial areas and other districts of less intense land use. Sec. 2. DESIGNATION OF RM DISTRICTS AND DENSITY A. Each district shall be designated on the "Zoning Map" by the symbol "RM" followed by a number which shall indicate the required land area, in thousands of square. feet for each dwelling unit or 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 area requirement shall mean for each two beds. C. The maximum density designation shall be RM -.75 which means 750 square feet of land area per dwelling unit or separate rentable unit. D. The following increments between thF various district designations shall be used: .75, 1, 1.5, 2, 2.5, 3, 3.5, 4 and upward in increments of 500 square feet. Sec. 3. PERMITTED USES A. Same as the 'Permitted Uses" in RS and RD districts. B. Boarding, rooming or lodging houses. 8-331 C. Clubs, lodges, social orders and fraternal organizations. D. Apartments. E. Incidental and subordinate commercial or personal service uses that display no signs and have no direct access from any street frontage in apartment buildings with fifty (50) or more rental units. F. Buildings and uses normally considered directly accessory to the above permitted uses. Sec. 4. HEIGHT LIMITS Three (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) feet if the Planning Commission finds, in addition to the require- ments contained in Article 27, that the taller building will not dominate the landscape; and in the City of Hilo, ten (10) story but not higher than one hundred twenty (120) feet. Sec. 5. MINIMUM BUILDING SITE AREA Each building site shall contain a minimum area of 7,500 square feet. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH Each building site in a RM district shall have a minimum average width of sixty (60) feet. Sec. 7. MINIMUM YARDS A. Front and rear yards: Twenty (20) feet. B. Side yards: For a one story building, eight (8) feet; and an additional two (2) feet more for each additional story permitted. Sec. 8. OTHER REGULATIONS (See Article 26) A. There may be more than one main building on any building site. 8-332 B. Distance between buildings on the same building site shall be at least fifteen (15) feet. C. Plan approval is required of all uses and buildings.. 8-333 ARTICLE 6. Regulations for RA, Residential and Aqricultural Districts Sec. 1. PURPOSE AND APPLICABILITY This district'provides for low density large lot 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." Sec. 2. DESIGNATION OF RA DISTRICTS Each district shall be designated on the "Zoning Map" by the symbol "RA" followed by a number and the small letter "a" which shall indicate the required number of acres per building site. (e.g.,RA-la means a Residential Agricultural District with a minimum building site area of one (1) acre.) Sec. 3. . PERMITTED USES A. Single family dwellings (only one per building site). B. Botanical gardens, nurseries and green houses, seed farms, plant experimental stations, arboretums, floriculture and similar uses dealing with the. growing of plants. C. Truck gardening, crop, bush and tree farming and all forms of plant agriculture. D. 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 property. 8-334 E. 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 and approval of the Director. 1. 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. In case the adjoining lot is vacant and subsequently a residence is built on that lot, the animal enclosure shall be moved to conform to this requirement. F. Golf courses, country clubs, swimming parks, tennis clubs and courts, and other similar recreational uses. G. Public parks, public playground and other similar public recreational areas that are essentially open lands. H. Home occupations. . I. Commercial or boarding stables, when on a parcel of land containing at least five (5) acres. J. Private clubs, lodges, hunting and fishing lodges, fraternal and social orders. K. Guest or resort ranches. L. Airfields, heliports and private landing strips. M. Driving ranges, drive-in.theatres, stadiums, sports arenas and other similar open air recreational uses. N. Veterinarian's office, clinic or animal hospital involving in-patient boarding only. 8-335 0. Pigs, subject to the requirements of the Department of Health and the development character of the neighborhood, and when on a parcel of land contain- ing not less than three (3) acres. 1. Any building or enclosure for the keeping of pigs must be at least sixty (60) feet from any property line. P. Building and uses accessory to the above permitted uses and subject to approval of the Director. Sec. 4. HEIGHT LIMITS Two and one-half (2-1/2) stories but not higher than thirty-five (35) feet. Sec. 5. MINIMUM BUILDING SITE AREA The minimum area to be designated for any RA district shall be one-half 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 any absolute upper limit. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH Each building site must have aminimum average width of one hundred (100) feet for one-half (1/2) acre of required area plus twenty (20) feet for each additional one-half (1/2) acre of required area except that no building site shall be required to have an average width of greater than three hundred (300) feet. Sec. 7. MINIMUM YARDS A. Front and rear: Twenty-five (25) feet. B. Sides: Fifteen (15) feet. 8-336 Sec. 8. OTHER REGULATIONS (See Article 26) If any legal building site in any RA district has less than one-half (1/2) acre of area, then the uses permitted and the regulations for all structures shall be the same as in an RS district having an area requirement nearest that of the building site in question. 8-337 ARTICLE 7. Regulations for A, Agricultural Districts Sec. 1. PURPOSE AND APPLICABILITY This district provides for agricultural and very low density residential use, those rural lands suitable for agriculture and/or those suburban and rural lands having potential suitability for other uses but the time for zoning for such other uses is not yet appropriate or facilities to accommodate the expected density are not yet available. It applies to rural areas of good to marginal agricul- tural and grazing land or suburban orruralarea subject to urbanization, and a higher density use. Sec. 2. DESIGNATION OF A DISTRICTS Same as in RA 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.) Sec. 3. PERMITTED USES A. Single family dwellings (only one per building site). B. All forms of agriculture; the growing and gathering of crops, fruits, vegetables, flowers, trees, and. other plants; the raising and keeping of animals and fowls except as listed in Item 9; the physical processing, storage and sale of the products produced on the premises. C. Golf courses, country clubs, parks, playgrounds, tennis courts and other similar recreational areas that are essentially open lands and where none of the recreational features are entirely enclosed in a building. D. Private clubs or lodges, hunting or fishing lodges, and fraternal or social orders. E. Trailer parks with density of 3,500 square feet of land area per trailer and with "Plan Approval" of the Director. F. Home occupations. G. Dormitories and additional single family dwellings for persons .employed on the premises when found to be necessary to the conduct of an agricultural use by. the Director. H. Public dumps. I. Piggeries, apiaries, and pen feeding of livestock when not closer than 1,000 feet to any major public road or to any district other than a "U" on sites approved by the Department of Health and the Director. J. Airfields, heliports, and private landing strips. K. Commercial fertilizer yard utilizing only manure and soil. L. The killing, slaughtering or dressing for market of animals produced on the premises. M. Fish and poultry hatcheries. N. Processing, storage, packing, shipping and sale of products produced on the premises provided the site or building used for such activity shall be at least one hundred (100) feet from any property line. 0. Riding academies, rental or boarding stables, dog kennels and catteries. 8-339 P. Animal hospitals. Q. Commerical excavation or removal of natural building material or minerals. R. Guest ranches. S. Hunting and fishing lodges and preserves. T. Use and buildings normally considered accessory to the above permitted uses subject to approval of the Director. SEC. 4. HEIGHT LIMITS Three (3) stories but not higher than forty-five (45) feet. SEC. 5. MINIMUM BUILDING SITE AREA The minimum area to be designated for any A district shall be one (1) acre (-la) and other districts having larger areas may be designated in increments of one (1) acre up to a recommended maximum of ten thousand (10,000) acres. SEC. 6. MINIMUPIDUILDING SITE AVERAGE WIDTH Each building site must have a minimum average width of one hundred twenty (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 width for any building site shall be 1,000 feet. SEC. 7. MINIMUM YARDS Front and rear, thirty (30) feet; and sides, twenty (20) feet. A. Accessory buildings and enclosures, with the exception of fences under eight (8) feet high, for the shelter or confinement of any livestock shall be at least one hundred (100) feet from the front property line. B. For accessory uses such as saran shade and similar fabric shade structures used in controlling amount of sunlight in the raising of plants, flowers and similar horticultural pursuits, side and front yards shall be at least ten (10) feet, except where said boundaries share common lines with urban zones and main government roads in which case the preceding Sec. 7 requirements shall prevail. C. For accessory uses such as plastic roofed and saran shade wooden or metal framed structures used in controlling the amount of sunlight, rainfall, wind and other elements of nature in the raising of fruits, vegetables and similar agricultural products, side and front yards shall be at least 10 feet; provided, that Section 7 requirements shall prevail (a) in the event exterior walls of any type other than saran is added to the wooden or metal framed structure, (b) in the event the specific use allowed is abandoned, and (c) where said boundaries share common lines with urban zones and main government roads. Sec. 8. OTHER REGULATIONS (See Article 26) 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 building site shall be the same as in a RA district having an area requirement nearest that of the subject building site. 8-341 ARTICLE B. Regulations for U, Unplanned Districts Sec. 1. PURPOSE AND APPLICABILITY This district.applies to areas not subjected to sufficient studies to adopt specific district classification. Sec. 2. (Reserved) Sec. 3. PERMITTED 'USES A. Single family dwellings (one per building site). B. Agricultural uses and buildings. 1. All buildings and pens used for the enclosure of animals, except a boundary fence, must be at least one hundred (100) feet from any property line and fifty (50) feet from any residence. C. Processing, handling, and sale of agricultural products produced on the premises if done at least one hundred (100) feet from the front property line. D. Home occupations. E. Piggeries aid apiaries on sites approved by the Department of Health and the Director. F. Hunting and fishing preserves or lodges. G. Accessory buildings and uses. Sec. 4. HEIGHT LIMITS Three (3) stories but not higher than forty-five (45) feet. Sec. 5. MINIMUM BUILDING SITE AREA Five (5) acres. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH Two hundred eighty (280) feet. 8-342 Sec. 7. MINIMUM YARDS There shall be a thirty (30)_foot yard adjacent to all property lines. Sec. S. OTHER REGULATIONS (See Article 26) In order to assure that development is orderly and many small parcels of land do not come into existence prior to more comprehensive zoning, each main use or main building shall be located on a building site having not less than five (5) acres. 8-343 ARTICLE 9. Regulations for V, Resort -Hotel Districts Sec. 1. PURPOSE AND APPLICABILITY This district applies to areas to accommodate the needs and desires of visitors, tourists and transient guests. It applies to specific areas where public roads and public utilities are available or where 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. Sec. 2. DESIGNATION OF V DISTRICTS AND DENSITY A. District designation and density shallbe the same as in RM districts except that the symbol "V" shall be used. B. Maximum density for any V district shall be no more than one (1) rentable unit for each 750 square feet of land. C. Although no limit is placed 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 deemed necessary by the Planning Commission in increments of 250 square feet. Sec. 3. PERMITTED USES A. Hotels, resorts, resort motels. B. Single-family, duplex or double -family and multinle- family residential dwellings. mom C. Commercial uses of the following types when subordi- nate 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 service counter=_; florist shops; novelty shops; specialized clothing shops; personal service uses; drug store; specialized food shop (as opposed to the general store); "art in action" booths or shops (the making, displaying and sale of obiects of art, small handcraft objects, hand weaving or spinning products, jewelry, paintings, hand made pottery or figures, hats or other very similar products). D. Parking lots or buildings, taxicab stations and offices. E. Small boat harbors and docks. F. Dance pavilions, open-air theatres or theatres for stage production or for motion pictures. G. Travel agencies and tourist information centers. H. Other uses which the Director determines to be necessary to the proper functioning of a resort area. I. Preliminary plans indicating use of land and proposed structures shall be submitted with the zoning appli- cation to the Director for his review. (See Sec. 32) 8-345 Sec. 4. HEIGHT LIMITS No building or structure shall exceed a height of forty- five (45) feet or contain more than three (3) stories except that a "variance" may be granted for a four (4) story build- ing with height limits of fifty-five (55) feet, if the Planning Commission finds that the additional height will not render the building conspicuous in relation to its natural surroundings; and in the City of Hilo, ten (10) stories but not higher than one hundred twenty (120) feet; Keauhou Bay and Kahaluu Bay, seven (7) stories but not higher than ninety (90) feet; and said areas have been delineated and designated on the "Zoning Mep" by an alphabet H after V (VH .75). Sec. 5. MINIMUM BUILDING SITE AREA Each building site shall contain a minimum area of 15,000 square feet. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH Each building site in a V district shall have a minimum average width of ninety (90) feet. Sec. 7. MINIMUM YARDS A. Front yards: .Twenty (20) feet. B. Rear yards: Twenty (20)feet. C. Side yards: Eight (8) feet for one (1) story; and an additional two (2) feet more for each additional story permitted. Sec. 8. OTHER REGULATIONS (See Article 26) A. There may be more than one main building on any building site. B. Distance between main buildings on one building site shall be at least fifteen (15) feet. C. "Plan Approval" is required of all structures and uses. a ARTICLE 10. Regulations for CO, Commercial Office Districts Sec. 1. PURPOSE AND APPLICABILITY This district•applies to areas suitable and desirable for professsional and administrative activities. Sec. 2. (Reserved) Sec. 3. PERMITTED USES A. 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.) B. Medical and dental centers, groups or clinics not permitting in -patients. C. Prescription pharmacies, banks, lending agencies, title companies, photographer or commercial artist studios, modelling agencies. D. Public buildings for uses similar to the above. E. Lunch counters, coffee shops, barber shops, beauty parlors, tobacconists, news and magazine stands, provided they are located within a building con- taining one of the uses listed in A, 3, or C above as a principal use. F. Automobile parking lots or buildings. G. Drug stores, restaurants, cocktail lounges and night clubs. H. Business and technical schools. I. Schools and studios for photography, art, music and dance. 8-347 J. 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. K. Uses clearly accessory and incidental to the above listed uses. Sec. 4. HEIGHT LIMIT Two (2) etories but not higher than thirty (?0) feet, and in the City of Hilo, ten (10) stories but not higher than one hundred twenty (12C) feet. Sec. 5. MINIMUM BUILDING SITE AREA Twenty thousand (20,000) square feet. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH One hundred (100) feet. Sec. 7. MINIMUM YARDS A. Front or rear: Twenty-five (25) feet. B. Sides: None, except required by "Plan Approval." Sec. 8. OTHER REGULATIONS (See Article 26) 'Plan Approval" is required of all structures and uses. ARTICLE 11. Regulations for CN, Neighborhood Commercial'Districts Sec. 1. PURPOSE AND APPLICABILITY 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 supply goods and services to a residential or working popula- tion 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. Sec. 2. (Reserved) Sec. 3. PERMITTED USES A. All retail uses that are conducted entirely within a building. B. Automobile service stations, tire changing or pickup stations and commercial parking lots or buildings. C. Banks, lending agencies and financial institutions. D. Barber and beauty shops. E. Launderette, cleaning, pressing service and pickup stations. F. Lunch counters, coffee shops, restaurants, bars and cocktail lounges provided that no live entertainment is provided or dancing is allowed. G. Medical and dental centers, groups or clinics not permitting in -patients. H. Museums; libraries; community, public and public service buildings. MERIV I. Offices for business, administrative, professional, executive, financial, real estate, editorial, medical, dental and other similar uses. J. Photography or commercial art studios, modelling agencies. K. Prescription pharmacies. L. Repair shops for personal or household items, radio, television and small electrical appliances. M. Shoe repair, clothes mending and tailor shops. N. Drive-in facilities for retail sales or services. 0. Any use permitted in a "RM" district with a maximum density of 1,250 square feet of land area per rent- able or dwelling unit. P. Buildings and uses normally considered directly accessory to the above permitted uses. Sec. 4. HEIGHT LIMITS Three (2) stories but not higher than forty (40) feet. Sec. 5. MINIMUM BUILDING SITE AREA Seven thousand five hundred (7,500) square feet. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH Sixty (60) feet. Sec. 7. MINIMUM YARDS A. Front and rear: Fifteen (15) feet. B. Sides: None, except as required by "Plan Approval." Sec. 8.. OTHER REGULATIONS (See Article 26) A. The Director may under "Plan Approval," permit or require a continuous eave overhanging the front property line and may require same to be of similar height and design in any one block. 8-350 B. Any product produced or made within a CN district must he sold on the premises where produced. C. "Plan Approval" is required of all structures and uses. 8-351 ARTICLE 12. Regulations for CG, Genera Commercial Di=tricts Sec. 1. PURPOSE AND APPLICABILITY This district applies to areas suitable for commercial 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 there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. Sec. 2. (Reserved) Sec. 3. PERMITTED USES A. Any use listed as a permitted use in any CO and CN district. B. All retail uses that are conducted entirely within a building. C. Personal service uses. D. Banks, lending agencies and financial institutions. E. Manufacturing of non -noxious type where the only retail sales outlet for products produced is on the premises where produced. F. Art galleries. G. Automobile parking lots and buildings or storage garages. H. Display rooms for products sold elsewhere. I. Caterers. J. Cleaning plants using only non-flammable hydro- WSUVl carbons in a sealed unit as the cleansing agent. K. Newspapers, publishing houses, printing shops, cartographer and duplicating processes such as blueprinting or photostating. L. Restaurants (other than "drive-ins", bars, cocktail lounges and night clubs). M. Repair shops for personal or household items, and "fix -it" shops. N. Private clubs, social orders, fraternal groups and other similar organizations. 0. Tour, travel and ticket agencies. P. Business, technical or trade schools; art, modelling, music, dancing, photographic or other similar studios or academies. Q. Public service or public utility uses but excluding any service, equipment or storage yard or power plants therefor. R. Automobile service stations. or garages; excluding body and fender works, electric tire rebuilding or battery rebuilding and provided that all work is conducted wholly within a completely enclosed building, car washes or launderies other than those utilizing automatic or steam cleaning equipment. S. Bakeries. T. Broadcasting stations or studios (radio and television). U. Commercial amusement establishments such as bowling alleys, skating rinks, pool halls, etc. 8-353 V. "Drive-in" uses. W. Equipment sales and rental yards; used car lots and other yards where retail sales products are displayed in the open. X. Food lockers and ice storage and dispensing. Y. Gymnasiums, physical culture studios and reducing salons. Z. Hospitals of all types and sanitariums. As. Hotels and apartment -hotels provided the density shall not exceed one (1) rentable unit for each 500 square feet of land area. Ab. Indoor sports arenas, auditoriums and theatres. Ac. Electrical, plumbing and furniture upholstering shops provided that all materials are kept, and all activities are conducted entirely within a building. Ad. Residential use in connection with the operation of any permitted use. Ae. Model homes for display purposes only provided they are not placed on permanent foundations and provisions are made for their removal at the end of a specific period of time but not to exceed one year. Af. Uses normally considered accessory, incidental and subordinate to the above uses. Sec. 4. HEIGHT LIMITS Three (3) stories but not higher than forty-five (45) feet, and in the City of Hilo, ten (10) stories but not higher than one hundred twenty (120) feet; Kailua-Kona, seven (7) stories but not higher than ninety (90) feet. 8-354 uses. Sec. 5. MINIMUM BUILDING SITE AREA Seven thousand five hundred (7,500) square feet. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH Sixty (60) feet. Sec. 7. MINIMUM YARDS A. Front or rear: Fifteen (15) feet. B. Sides: none, except as required by "Plan Approval." Sec. 8. OTHER REGULATIONS (See Article 26) "Plan Approval" is. required of all structures and 8-355 ARTICLE 13. Regulationfor Cy, Village Com me r ciTD i s tricts Sec. 1. PURPOSE AND APPLICABILITY This district applies to areas that allow a broad range or variety of commercial and related uses that are necessary to serve a somewhat isolated residential or working population where the supplementary support of the general business uses and activities of a central commercial district is not readily available. Sec. 2. (Reserved) Sec. 3. PERMITTED USES A. Any of the uses listed directly as "Permitted Uses" in a ON district. B. Cleaning plants using only non-flammable hydro- carbons in a sealed unit as the cleansing agent. C. Newspapers, job printers, blueprinters and similar uses which are obviously designed to primarily serve the local area. D. Repair shops for household items and "fix -it" shops. E. Automobile service stations and "drive-ins" for retail sales or services. F. Automobile service, repair and upkeep uses. G. Restaurants, bars and cocktail lounges. H. Manufacturing of products and distributed to retail outlets located in the immediate community which is served by this district as approved by the Director, except for concrete or asphalt products. I. Community clubs or social or fraternal orders. J. Rooming or boarding houses. K. Residential uses in connection with the operation of any permitted uses. L. Bus and tour stops; ticket agencies. M. Commercial amusement establishments. N. Used car lots. O. 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. P. Other uses similar to the permitted uses or to any of the above listed uses. Q. Accessory uses, normal and subordinate to the above uses. R. In a CV district, a hotel may be allowed when such use and design conform to the character of the area, the district regulations and approved by the Director. Sec. 4. HEIGHT LIMITS Two (2) stories but not higher than thirty (30) feet. Sec. 5. MINIMUM BUILDING SITE AREA Seven thousand five hundred (7,500) square feet. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH Sixty (60) feet. Sec. 7. MINIMUM YARDS A. Front or rear: Fifteen (15) feet. B. Sides: None, except as required by "Plan Approval." Sec. 6. OTHER REGULATIONS (See Article 26) "Plan Approval" is required of all structures and uses. 5-357 ARTICLE 14. Regulations £01!L, Limited Industrial Districts Sec. 1. PURPOSE AND APPLICABILITY This district applies to areas for business and industrial uses which are generally in support of but not necessarily compatible with thosF permissible activities and uses in othar commercial districts. Sec. 2. (Reserved) Sec. 3. PERMITTED USES A. Any manufacturing, processing, assembling, research, laboratory, bottling or packaging uses which are conducted in a building and from which there is no odor, dust, smoke, gas, noise, vibration, radiation or other effect which has measurable nuisance qualities beyond the property line. B. Animal hospitals with facilties for treatment or boarding of not more than twenty (20) animals. C. Automobile service stations and all uses and buildings for the repair, maintenance, service and storage of automobile and trucks. D. Bakeries, laundries, cleaning or dyeing plants. E. Carpentry, hardwood product, electrical, plumbing, heating, airconditioning, furniture, upholstering shops and storage. F. Contractors' yards for equipment, material and vehicle storage, repair or maintenance. G. Draying, freighting or trucking yard or terminal. H. Living quarters for watchmen or custodians of industrial properties. I. Lumber yards and building materials yards but not including concrete or asphalt mixing and the fabrication by riveting or welding of steel build- ing frames. J. Machine, welding, sheet metal, metal plating and treating shops except the fabrication by riveting or welding of steel building frames. K. Newspaper and publishing houses, printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. L. Public and private utility lines and facilities including offices or yards for equipment, material, vehicle storage, repair or maintenance. M. Sales and servicing or rental of any type of vehicle, implement, machinery or equipment. N. Terminal, storage or maintenance yards for a fleet of vehicles. 0. Transportation and tour terminals. P. Wholesaling, warehousing and storage buildings and yards except those for highly flammable or explosive products. Q. Airfields, heliports and private landing strips. R. Lava rock or stone cutting or shaping. S. Public dumps. T. Sale, storage and sorting of junk, waste, scrap, discarded or salvaged material, machinery, automobiles or equipments but not including processing. U. Retail sales incidental and subordinate to a permitted use. 8-359 feet. V. Incidental and necessary services for persons working in a ML district which are conducted within an integralpart of a main structure with entrances from the interior of the building and having no display or advertising visible from the street. W. Buildings and uses normally considered directly accessory to the above permitted uses. Sec. 4. HEIGHT LIMITS Three (3) stories but not higher than forty-five (45) Sec. 5.. MINIMUM BUILDING SITE AREA. Ten thousand (10,000) square feet. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH Seventy-five (75) feet. Sec. 7. MINIMUM YARDS A. Front and rear: Fifteen (15) feet. B. Sides: None, except as required by "Plan Approval." Sec. B. OTHER REGULATIONS (See Article 26) "Plan Approval" is required of all structures and uses. imni, ARTICLE 15. Re ulations £or MG, Genera Industrial Districts Sec. 1. PURPOSE AND APPLICABILITY This district applies to areas for uses that are generally considered to be offensive or have some element of danger. Sec. 2. (Reserved) Sec. 3. PERMITTED USES A. Any of the permitted uses in a ML district. B. Brick and pottery factories. C. Bulk storage of flammable products. Bulk storage of explosive products by "Use Permit." D. Concrete block and concrete products manufacturing. E. Concrete or asphalt batching and mixing plants and yards. F. Fabrication plants or yards for steel or other metal frames for buildings. G. Lava rock or stone cutting or shaping. H. Marine railways, drydocks and ship or boat yards. I. Public and private utility lines and facilities including power plants, offices or yards for equipment, material, vehicle storage, repair or maintenance. J. Quarries or commercial excavation or removal of natural building materials or minerals. K. Incidental and necessary services for persons working in a MG district when conducted within an integral part of a main structure with entrances 8-361 from the interior of the building and having no display or advertising.visible from the street. L. Living quarters for watchmen or custodians of industrial properties. M. Animal hospitals. N. Animal quarantine stations. 0. Animal sales, stock andfeed yards. P. Breweries, distilleries and alcohol manufacturing. Q. Cement production plants. R. Dumping, disposal, incineration or reduction of refuse or waste matter. S. Fertilizer manufacturing plants. T. Fish canneries, processing or packing plants. U. Meat processing, curing or packing plants. V. Pineapple or other fruit and vegetable processing and canning plants. W. Production and processing of wallboard, or other wood or pulp products. X. Public dumps. . Y. Reduction, refining, smelting or alloying of metals, petroleum products or ores. Z. Sale, storage, sorting and processing of junk, waste, scrap, discarded or salvaged material, machinery, automobiles or equipment. Aa. Sawmill or planing mill and yards. Ab. Slaughterhouses. Ac. Storage, curing or tanning of raw, green or salted hides or skins. Ad. Sugar mills or refineries. MI Ae. Any other use not otherwise permitted that relates to the manufacturing, transportation, processing, assembling, distributing, repairing and storage of goods, products or materials. Af. Buildings and uses normally considered directly accessory to the above permitted uses. Sec. 4. HEIGHT LIMITS Three (3) stories but not higher than fifty (50) feet, except that the Director may permit 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. Sec. 5. MINIMUM BUILDING SITE AREA Twenty thousand (20,000) square feet. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH One hundred (100) feet. Sec. 7. MINIMUM YARDS A. Front and rear: Twenty (20) feet. B. Sides: None, except as required by "Plan Approval." Sec. 8. OTHER REGULATIONS (See Article 26) "Plan Approval" is required of all sturctures and uses. 8-363 ARTICLE 16. Regulations for 0, Open Districts Sec. 1. PURPOSE AND APPLICABILITY This district applies to areas that contribute to the general welfare, the full enjoyment, or 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 investments 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). Sec. 2. (Reserved) Sec. 3. PERMITTED USES A. Public parks. B. The growing of plants provided such growth does not impair a veiw included in the stated purposes for adopting the districts. C. Golf courses and country clubs if compatible with the stated purposes of adoption. D. Heiaus, historical areas, structures and monuments. E. Existing churches and temples of historical significance. F. Natural features, phenomena and vistas as tourist attractions. G. Private recreational uses involving no above ground structure except dressing rooms and comfort stations. �:! H. Accessory use. Sec. 4. HEIGHT LIMITS None, except as specified as a condition of approval attached to any "Use .Permit" or "Plan Approval." For this purpose the Planning Commission shall use the regulations in the adjoining districts as guides. Sec. 5. MINIMUM BUILDING SITE AREA None, except as specified as a condition of approval attached to any "Use Permit" or "Plan Approval." For this purpose the Planning Commission shall use the regulations in the adjoining districts as guides. Sec. 6. MINIMUM BUILDING SITE AVERAGE WIDTH None, except as specified as a condition of approval attached to any "Use Permit" or "Plan Approval." For this purpose the Planning Commission shall use the regulations in the adjoining districts as guides. Sec. 7. MINIMUM YARDS None, except as specified as a condition of approval attached to any "Use Permit" or "Plan Approval." For this purpose the Planning Commission shall use the regulations in the adjoining districts as guides. 8-365 ARTICLE 17. Regulations for S, Safety Districts Sec. 1. PURPOSE AND APPLICABILITY ,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 waves, volcanic action or any other natural phenomenon. The regulations governing safety districts shall be the same as other districts qualified as a safety district. Sec. 2. USE PERMITS No structure may be erected in any S district unless or until a "Use Permit" has been issued therefor. No "Use Permit" for a structure intended for occupancy by people in any S district may be issued unless or until the County Council by prior action has considered and approved special standards of construction and special safety precautions which are designed for and, in its opinion, will eliminate or sub- stantially reduce the potential danger from the above listed sources. ARTICLES 18 - 71 (Reserved) 8-367 ARTICLE 22. Plan Approval Sec. 1. PURPOSE "Plan Approval" provides a method of allowing closer inspection of certain development and all development in certain districts in order to assure that the intent and purpose of this Chapter are carried out. It provides dis- cretionary control over precise plans for development. Sec. 2. APPLICABILITY 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, RM, V, CN, CG, ML, MG, U, or 0 districts or within seventy-five (75) feet of the right-of-way of any road, street or highway designated on the "Zoning Mao" as a "tourist route," unless "Plan Approval" has first been secured for such structure, use, development or improvement. A. "Plan Approval" may be required as a condition of approval of any "Use Permit," "Variance," or. other action relating to a specific use, in which case the use or development so conditioned may not. be established until "Plan Approval" has been secured therefor. Sec. 3. PROCEDURE FOR PLAN APPROVAL A. Application for "Plan Approval" shall 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 land- scaping and planting; all proposed street dedication and/or improvement, if any; and any other information required by the Director. B. The Director within forty-five (45) days after the application is filed in its offices or within 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, community characteristics, natural features and in any other manner in order to assure and may require: adequate light and air, proper siting and arrangements of all structures and improvements, that existing 8-369 and prospective traffic movements will not be hindered, that the use is properly land- scaped commensurate with said use and its surroundings, that unsightly areas are properly screened or eliminated, that there is adequate off-street parking to serve the use, regardless of the otherwise minimum requirements of this Chapter, that no potential accident hazards will be created in gaining access to the parking areas, that within reasonable limits the natural features (if any) of community value. are preserved. 2. To this end 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 Chapter and the above-mentioned specific considerations and permissive requirements. C. If the application is approved, then the proposal for which the application was made shall be accomplished and maintained in conformity with the terms, speci- fications and conditions of the approval. D. If the Director fails to actwithinthe forty-five (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. E. The Director's action shall be final but if the applicant is dissatisfied with such action, he may 8-370 within thirty (30) days after action, appeal in writing to the Board of Appeals. Said Board shall review said appeal and sustain, reverse, or modify the action of the Director. F. The authority exercised by the Director under this section shall be continuous and not limited to the initial development. 8-371 ARTICLE 23. Planned Unit Development Sec. 1. PURPOSE The purpose of "Planned Unit Development" (P.U.D.) is to encourage comprehensive site -planning productive of optimum adaptation of development to the land by allowing diversifi- cation in the relationships of various uses, buildings, structures, open spaces and yards, building heights, and lot sizes in planned building grouos while still insuring that the intent of this Chapter shall be observed. Sec. 2. MINIMUM AREA REQUIREMENT The minimum area of a Planned Unit Development shall be ten (10) acres. Sec. 3. PROCEDURE FOR PLANNED UNIT DEVELOPMENT A. Aoplication for P.U.D. approval shall be made on a form prescribed by the Planning Department and shall be accompanied by a filing and processing fee of one thousand dollars ($1,000) plus twenty- five dollars ($25) per acre for each acre or fraction thereof. B. Drawings and plans comprising a general development plan covering the entire area of the P.U.D. shall accompany the application and shall show: uses, dimensions and locations of Dr000sed structures; widths, alignments and improvements of or000sed streets, pedestrian and drainage ways; how the nronerty could be divided for individual parcel sale; parking areas; public uses; landscaping and open spaces; a schedule of development; architectural 8-372 drawings (forall 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 Department 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. C. No P.U.D. shall be considered by the Planning Department that proposes a use that is not permitted either directly or as aconditional 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 case the two items shall be considered 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. D. The procedure for processing an application for approval of a P.U.D. shall be the same as that provided for a variance application as set forth in Sections 7, at seq., of Article 1 hereof. E. Partial approval may be given where architectural plans and drawings have not been submitted with the original application but no building permit shall be issued nor any construction commence unless and until said drawings have been considered and 6-373 approved by the Planning Department and full approval of the P.U.D.. secured. F. In order to approve a P.U.D. the Planning Department 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 residential development shall constitute an environment of sustained desirability and stability, shall be in harmony with the character of the surrounding neighborhood, and shall result in an intensity of land utilization no higher than, and standards of open space at least as high as permitted or as otherwise specified for the district in which this development occurs. 4. That all commercial development shall create. no traffic congestion, shall not interfere with any projected improvements, shall provide for proper entrances and 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 with desirable performance standards and shall constitute an efficient and well 8-374 organized development with adequate 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, inte- grated whole justifies exceptions, if required, to the normal requirements of this Chapter, and that the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations. G. The Planning Department may deny, approve, or con- ditionally approve an application for a P.U.D. 1. Any conditions imposed by the planning Department may include but are not limited to: the time within which the project shall begin and be completed, changed boundaries of the projrct, uses permitted, specification of minimum development standards, specified street dedication and improvement, utilities to be furnished, and a list or limit of variances permitted. 2. Application for an approval of a P.U.D., wherein variances from the standard regulations are approved or wherein uses normally requiring use permits are permitted, shall be deemed to be in compliance with all the necessary pro- cedures for securing or granting a "Variance" or a "Use Permit." 8-375 3. Where completed drawings are considered, approval of a P.U.D. shall be deemed to be and includes "plan approval" as provided for in Article 22. H. On any P.U.D. the Planning Department may make any considerations and apply any conditions indicated under the procedure for processing applications for "plan approvals," "use permits," or "variances." I. Any P.U.D., as approved, shall be subject to all conditions imposed, and shall be excepted from other provisions of this Chapter only to the extent specified in said approval. J. Extensions of time limitations may be granted by the planning Department 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 Department not less than sixty (60) days prior to the expiration date. Within forty-five (45) days after receipt of such application, the Planning Department shall hold a hearing and take action thereon and if any extension is granted the Planning, Department may impose additional conditions as required. 5-376 ARTICLE 24. Cluster Plan Development Sec. 1. PURPOSE The purpose of "Cluster Plan Development" (C.P.D) is to provide exceptions to the provisions of Article 3 of this Chapter so that permitted density of dwelling units contem- plated by the minimum lot size requirements is maintained in single-family districts on an overall basis and desirable open space, tree cover, recreational areas or scenic vistas are preserved. Sec. 2. MINIMUM AREA REQUIREMENT The minimum area of a C.P.D. shall be at least two (2) acres. Sec. 3. PROCEDURE FOR CLUSTER PLAN DEVELOPMENT Application for C.P.D. approval shall be made on a form prescribed by the planning Department and shall be accompanied by a -filing and processing fee as set forth under the Subdivision Code. The procedure for processing an application for approval of C.P.D. shall be in the manner prescribed in Article 1, Sec. 5 of the Subdivision Code. Sec. 4. RESTRICTIONS UNDER CLUSTER PLAN DEVELOPMENT A. 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 8-377 by the minimum lot area requirement of the single-family district or districts in which the C.P.D. is to be located. This method shall apply regardless of the amount of land actually required for street right-of-way. Land utilized by utilities for easement for major facilities such as electric transmission lines and water mains, where such land is not available to the owner for development because of the easements 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. Land normally subjected to be submerged in water or with slopes in excess of 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 below 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 following minimum standard: Loll AREA REQUIREMENT C.P.D. MINIMUM STANDARD 1 Acre 20,000 sq. ft. 30,000 sq. ft. 15,000 20,000 " 12,000 15,000 " " 10,000 " 10,000 " " 7,500 " 7,500 " 6,000 " 4. 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 Department before the provisions of this section shall apply. A private recreational use such as a golf course or a swimming pool, whose use is limited to the owners or occupants of lots located within the C.P.D. may be approved as a common land. Other uses or sites which may qualify as common land include historic buildings or sites, parks and parkway areas, ornamental parks, extensive areas with tree cover, land along usable shoreline areas, and low land along streams or areas of rough teYrain 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 accept- able to the Director. B. 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 Department. 8-379 ARTICLE 25. BuildingLines, Future Width Lines and Plan Lines for Future Streets Sec. 1. BUILDING LINES Building lines may be established and shown on any section of the "Zoning Map" provided in Sec. 7 of Article 2 of this Chapter or they may be adopted as an amendment to this Chapter by appropriate description within subsections of this section as follows: A., B., . . . etc. (For building line descriptions.) Sec. 2. FUTURE WIDTH LINES Future width lines may be established and shown on any section of the "Zoning Map" provided in Sec. 7 of Article 2 o this Chapter or they may be adopted as an amendment to this Chapter by appropriate descriptions within subsections of this section as follows: A., B., . . . etc. (For future width line descriptions.) Sec. 3. PLAN LINES FOR FUTURE STREETS Plan lines for future streets may be established and shown on any section of the "Zoning Map" provided in Sec. 7 of Article 2 of this Chapter by appropriate description within subsections of this section as follows: A., B., . . . etc. (For descriptions of plan lines for future streets.) Sec. 4. LEGAL EFFECT OF ESTP.BLISHMENT OF BUILDING LINE, FUTURE WIDTH LINE AND PLAN LINE A. 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. �i7 B. Whenever a future width line is established, then for the purpose of administering the regulations of this Chapter, such future width line shall be deemed to be the front property line of affected property, and the area between such future width line and the street (if outside the right-of-way) shall be deemed to be the street right-of-way. C. Whenever plan lines for a future street have been established, they shall be deemed to be front property lines, and the area between them shall be deemed to be street right-of-way. However, for computing the density the area of the lot shall be based on gross land area. ra" ARTICLE 26. General Provisions, Exceptions and Supp ementary Regulations Sec. 1. GENERAL PROVISIONS A. The provisions of this Article shall supplement and be additional regulations governing land use unless otherwise expressly prohibited by provisions of this Chapter. B. Any building upon which construction was lawfully begun prior to the effective date of this Chapter or any subsequent amendments hereto may be completed and thereafter shall be considered an existing building at the time of the effective date of said Chapter. C. The Board of Appeals pursuant to the County Charter 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 Chapter. D. 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 and 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 established. (See Sec. 2D below.) E. Required frontage. Every 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 required building site average width. In all other districts (over one acre) the minimum street`rontage shall be at least one hundred (100) feet. Sec. 2. SUPPLEMENTARY USE REGULATIONS A. The "Permitted Uses" as listed in the regulations for each district may be established within that district after compliance with the specific regu- lations of the district and the general regulations of this Chapter. B. Any use not listed among the "Permitted Uses" in a district shall be deemed to be a prohibited use within that district, except as otherwise provided for. C. The following uses shall be deemed to be "Conditionally Permitted Uses" within the designated districts: 1. In all districts except ML, MG, 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 one (1) acre. 2. In all districts except V, MG and 0 districts: private and public schools, nursery schools and schools for the handicapped having a minimum lot area of one (1) acre in RS, RD, RA, and RM districts. 3. In all districts except RA, RS, RD, RM, V, S, and CN: crematories, mausoleums, columbariums, cemeteries, and any other place for the disposal of the human dead. 4. In all RS, RD, and A districts: lodges, social orders and fraternal organizations, provided that, structures and facilities to be located at least thirty (30) feet from any property line. 5. In all districts except V, CN, S and 0 districts: hospitals; old age, convalescent, nursing, and rest homes; and other similar uses devoted to the care or treatment of the aged, the sick, or the infirm having a minimum lot area of one (1) acre in RS, RD, RA and RM districts. 6. In all districts: yacht harbors and boating facilities and other large major recreational uses including accessory uses that are an integral part of the major recreational aspect, which accessory uses, may be of a commercial or non -noxious industrial nature. The intent of this permissive regulation is to allow, where appropriate, major recreational developments having complete and homogeneous facilities. a. None of these uses may be ,established in any 0 district unless the proposed use, in its entirety, is compatible with the stated purpose for adopting the 0 district. 7. In all districts except RS, RD, RM, S, CO, CN and V districts: commercial excavation or 8-384 removal of natural building materials or minerals on 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. 8. In a CV district a hotel may be allowed when such use and design conform to the character of the area, the district regulations and approved by the Director. D. Except as permitted by the County Council, no "street" as herein defined shall be used for the display, sale, or private storage of any commodity or any material, nor shall any structure be placed therein other than a driveway, ramp or similar structure that is necessary for vehicular access to the adjoining property; however, this or any other regulation does not exclude normal street improvements and those other facilities normally. placed in streets. E. In any RS, RD, or RM district where the Planning Commission finds that the keeping of animals is not inconsistent with the character of the immediate neighborhood, it may grant a temporary "Use Permit" for keeping or raising of animals with the exception of pigs, provided it conforms to the requirements of the Department of Health and has the approval of the Director. F. 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 shall have no kitchen facilities. G. Communication, transmission and power lines of public and private utilities and governmental agencies are permitted uses within any district. H. No mobile, portable or temporary dwelling may be occupied unless it is in an approved mobile dwelling park having facilities for such dwellings. I. 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 otherwise placed or screened such that it is not visible from any street or from any adjoining prop,rty, and provided further that the owner of such dwelling or trailer must reside on the premises.. J. 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. K. Community, public and public service buildings are permitted uses provided they conform to the County General Plan. L. In all districts, the provisions of special "Use Permits" granted by the State Land Use Commis=ion shall be deemed as permitted uses. 8-386 M. In any district no directed exterior lightingmay be installed or used which is directed into the sky or toward any structure or land beyond the property line. Sec. 3. SUPPLEMENTARY AREA AND AVERAGE WIDTH REGULATIONS A. 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 in which such use is located. B. Any parcel of land having less area and/or width than that required by the district in which located - may be used as a "legal building site"; provided that the owner thereof at.the time of or since said effective date owns no adjoining property at the same time. C. Any parcel of land that is not otherwise a legal building site does not become a legal building site by virtue of being sold at a delinquent tax sale. D. 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 any legal building site is reduced in area or average width by no more than twenty percent (20%) of the respective requirement by reason of the establishment of "future width lines" or "plan lines for future 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. E. A parcel of land shall be deemed to conform to the requirements for building site average width if any portion of the parcel considered separately has the minimum building site area with the minimum average width. Sec. 4. SUPPLEMENTARY YARD AND OPEN SPACE REGULATIONS A. On every building site, yardsof the minimum width or depth as specified for the district in which located shall be maintained open and unobstructed from the ground up except as hereinafter specified. B. No required yard or open space may fulfill such requirement for more than one building, building site or use. C. There shall be a front yard adjacent to every portion of a building site that has street frontage (e.g., a corner lot has a front yard adjacent to both streets). D. 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. E. On any gore or triangular shaped building site the rear yard shall be measured from the point most nearly opposite the street line and in the same manner as for a corner building site. F. In the event a building site 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. G. Unless otherwise specified, yards, open spaces and distances shall be measured horizontally. H. Except as may otherwise be restricted, the following projections or features may extend four (4) feet into any required yard or open space that is ten (10) feet or less, five (5) feet when required yard or space is from ten (10) up to fifteen (15) feet, and six (6) feet when required yard is over fifteen (15) feet: .cornices, canopies, eaves, landing plans, porches, balconies, terracies, fire escapes, stairs, ramps and other similar features; provided that none of the features shall be enclosed above or below the extension except that there may be individual posts or beams for support and open or grill type railings no higher than four (4) feet; and provided further that no chimney may extend more than two (2) feet into any yard. I. The above permitted extensions apply to each building separately. J. If a building is located in a district that requires "Plan Approval," then the Planning Department by approving the plan may permit an attractively designed porte-cochere to extend any distanceinto a front yard as a protection for arriving motorists and pedestrians. K. 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 (8) feet in height may disregard the ten (10) feet separation between an accessory structure and a main building. L. Unless otherwise specified, the minimum distance between main buildings on the same building site shall be fifteen (15) feet. M. On every corner building site in any district except a CN district, within a triangle formed by the street lines of such building site (ignoring any corner radius) and a line drawn between points on such street lines twenty-five (25) feet from the intersection thereof, there shall be no 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 of the street or of the level of the above mentioned point of intersection if the streets are sloping. N. Unless otherwise permitted or regulated, accessory buildings in any district shall observe and main- tain the same yards as reauired of a main building in said district except that no rear yards shall be required 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. 0. If an accessory building is structurally attached to any main building, it shall be considered part of the main building and subject to the same regulations. If not structurally attached to any main building, it sha.'_1 be at least ten (10) feet therefrom, six (6) feet of which distance shall be totally unobstructed from the ground up. P. No fence. wall or architectural 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. Q. No building setback is required fronting a mall. Sec. 5. SUPPLEMENTARY HEIGHT REGULATIONS A 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. B. If any existing structure exceeds the established height limits, it shall not be further increased in height. C. Chimneys, spires, belfries, water tanks, monuments, steeples,' antennae, flag poles and other similar features may exceed the district height limits by no more than ten (10) feet and upon securing a "Variance" therefor may exceed the district height limits by an additional number of feet necessary as 8-391 a permitted by the Planning Department; 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 companies for power, light and communication purposes may be constructed, added to and maintained in all districts to the height required by consider- ations of safety and optimum utilization or specifically required by rules and regulations of the Public Utilities Commission of the State of Hawaii. D. Upon securing a "Variance" therefor any building may exceed the applicable district height limits by one (1) additional story and/or ten (10) feet. E. In any district, in addition to the allowable number of floors above ground any number of floors below ground may be permitted. Upon securing plan approval, a basement constructed on a sloping ground which is partly below and partly above grade but so located that the average vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling may have the downhill side of such basement exposed; provided, that in either case the district height limits are rigidly dbserved. F. Accessory structures unless otherwise specified shall not exceed fifteen (15) feet in height nor contain more .than one (1) story except that upon securing a "Variance" therefor, they may exceed 8-392 said limits but shall not exceed the height limits established for the applicable district. Sec. 6. SUPPLEMENTARY OFF-STREET PARKING AND LOADING REGULATIONS A• 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 or 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. B. Each parking space or stall shall have a minimum width of nine (9) feet and a minimum length of eighteen (18) feet. A maximum of ten percent (10%) of the stalls may be allocated for small cars and other vehicles. These stalls shall have a minimum width of seven (7) feet and length of fourteen (14) feet and must be individually accessible and in V, CO, CG, CV, ML, MG and RM districts, paved with an all-weather, dust free surface. C. Except dwelling structures having three (3) or less units, access to any individual parking space for any other use shall not be directly from or to a street but must be reached from an on-site access driveway of proper design and width to allow for passage of vehicles and necessary turning movements. D. The number of parking spaces for each use shall be as follows: 1. Automobile, machinery or eouipment sales and service garages; one (1) for each five hundred (500) square feet of gross floor area. 8-393 2, Banks, post offices, commercial and professional offices, furniture, and appliance stores, house- hold equipment or furniture repair shops; one (1) for each four hundred (400) square feet of gross floor area. 3. Bowling alleys; four (4) for each alley. 4. Churches, schools, sports arenas, auditoriums, theatres, assembly halls; one (1) for each six (6) seats in the principal assembly room. 5. Clubs, lodges, social orders, fraternal organiza- tions, dance halls, assembly halls without fixed seats, exhibition halls,restaurants, night clubs, commercial places of amusement; one (1)for each two hundred (200) square feet of gross floor area. 6. Dwelling; one (1) for each family or dwelling unit. 7. Funeral homes, mortuaries; three (3) for each parlor or one (1) for each seventy-five (75) square feet of gross floor area, whichever is greater. 8. Hospitals, nursing homes, convalescent homes, rest homes, homes for the elderly; one (1) for each bed. 9. Roomingand lodging houses, religious fraternal or social orders having sleeping accommodations; one (1)for each two (2) beds. 10. Medical or dental clinics or groups; four (4) spaces for each doctor or dentist. 8-394 11. 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. 12. Retail stores and shops; in a V district, in a ON 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) square feet of gross floor area. 13. Industrial, manufacturing and research uses; if possible to determine, one (1) for each employee expected to be on the premises at any one time - otherwise, one (1) for each eight hundred (800) square feet of gross floor area. 14. Wholesale establishments, warehouses and bulk storage; one (1) for each one thousand (1,000) square feet of gross floor area plus one (1) for each employee. 15. Other general business uses in CG districts and in other districts as permitted; one (1) for each four hundred (400) square feet of gross floor area. 16. CommCnity swimming pools; one (1) for each forty (40) square feet of pool area. E. In any district in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more, which is 8-395 to be occupied for manufacturing, storage, ware- housing, goods display, retail sales, a hotel, a hospital, a mortuary, a laundry, a dry cleaning establishment, or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and main- tained at least one (1) off-street loading space plus one (1) additional such loading space, for each additional 20,000 square. feet. 1. Said loading space shall be provided with access, driveways and surfacing in the same manner as for off-street parking except that each space shall be ten (10) feet wide and twenty-two (22) feet long with a height clearance of at last fourteen (14) feet. F. In case there is any doubt as to the requirements for parking or loading space for any use not specifically mentioned or for any other reason, the Director shall make such determination. G. The above required off-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 within five hundred (500) feet of 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. H. The Director may increase any of the above require- ments under "Plan Approval" in accordance with public necessity and convenience after reviewing a particular use and its own particular character- istics. Sec. 7. SHORELINE SETBACK LINE REGULATIONS A. Definitions: 1. "Shoreline" means the uooer reaches of the wash of waves, other than storm and tidal waves,usually evidenced by the edge of vege- tation growth, the under line of debris left by the wash of waves. 2. "Shoreline setback" means all of the land area between the shoreline and the shoreline setback line. 3. "Shoreline setback line" means that line established by the State Land Use Commission or the County running inland from and parallel to the shoreline at a horizontal plane. B. Shoreline setback lines are established throughout the County of Hawaii by the State Land Use Commission at forty (40) feet inland from the uooer reaches of the wash of waves other than storm and tidal waves except that such shoreline setback lines shall be twenty (20) feet on any land Parcel of record when any one or more of the following exists: 1. Where the average depth of a parcel as measured from the shoreline or the seaward boundary of the parcel whichever is the less, is less than one hundred (100) feet; 2. Where the parcel i.s less than one-half (1/2) acre and where that parcel area is less than 8-397 the minimum lot area required by the respective County Zoning or Subdivision Ordinance applicable to said carcel; or 3. Where the buildable area of the parcel is reduced to less than fifty (50) oar cent of the parcel after applying the forty (40) foot shoreline setback line and all State and County requirements wherein the parcel is located including but not limited to front and side yard setbacks, cross -slope requirements, and terrain requirements. �T ARTICLE 27. Special Regulations A. In any district that permits building sites of two (2).acres or less in area, no building designed and/or intended for human occupancy shall be con - strutted and no permit therefor shall be issued unless: 1. Two of the following conditions exist: a. The street on which the building site fronts is dedicated to, accepted and maintained by the County or has been approved by the Planning Commission. 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 appro- priate public agencies. 3. Or the building site is in an "older community" which has developed to the point of establishing community characteristics and is substandard with respect to streets or water supply or sewage disposal. Such "older community" shall have previously been designated by the Planning Commission and the boundaries thereof indicated on the "Zoning Map." 1-ISRU•7 B. Whenever an application for an amendment to this Chapter 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 Department 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 Department may permit the filing of such new appli- cation prior to the expiration of such two (2) year period. Nothing contained herein shall prevent the County Council or the Planning Department from at any time initiating any proceedings which either of said bodies may initiate pursuant to this Chapter. 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 from 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. Every administrative action for any given parcel of land becomes void upon the changing of the district within which the parcel lies unless such administra- tive action deals with a regulation which is precisely the same under the regulations of the new district or unless the administrative action is 8-400 I 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 may include a recuest for a lesser action without payment for any additional filing fee provided that any notice of any 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. 2. Actions to amend this Chapter may be considered concurrently with other administrative actions but applications for 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 of any premises. G. Failure to comply with any conditions attached to any administrative approval shall void such approval. Mim ARTICLF Kailua Village Special District and Urban Design Review Commission Sec. 1. PURPOSE AND APPLICABILITY The purpose of this Commission is to advise the Planning Department in matters concerning the design of buildings and structures and all public and private improvements within the village of Kailua. Y.ailua Village as used herein shall refer to that area hounded by the following: A. Beginning at a point on the shoreline approximately 4,000 feet west of the old Kailua wharf, mauka along the west boundary of Tr+K: 7-5-05:10 & 58 to the northwest corner of TrY.: 7-5-05:68; B. Southeast and east along the mauka boundary of the existing PS-15 zone to the southwest corner of TMK: 7-5-05:62; C. Mauaa along the west side of the existing V-.75 and CV-10 zones to Kuakini Highway; D. t+auka, crossing Kuakini Highway and along the west side of the existing CV-1.0 and open zones to the makai side of the Queen Kaahumanu Highway; F. Southwest along the makai side of the Queen Kaahumanu Highway and its extension to the south side of the "Kona Hillcrest Subdivision"; F. btakai along the south side of the "Kona hillcrest Subdivision" and along the south side of the parcels described as TMK: 7-5-30:23 & 24 to Kuakini I!Iohwav; G. Makai, crossing Kuakini Highway along the south side of the parcels described as TMK: 7-5-18:1, 4 and 61, and TMK: 7-5-19:18 to the shoreline; 8-402 IT. North along the shoreline to the point of beginning and containing an area of approximately 825 acres and as delineated on the attached map. Sec. 2. COMMISSION MEMBERSHIP The Commission shall consist of fourteen (14) appointive members who shall be appointed by the Mayor with the approval of the County Council. The appointive members shall be representative of the Kona District, provided that a minimum of 50 per cent or seven (7) of the appointive members shall live and/or work in the Kailua Village for a minimum of two years prior to this appointment. The Commission shall also reflect a cross-section of labor, business including tourism and agriculture, and the village's property owners interests. There shall also be at least one person with a design background and one person with a historical knowledge background on the Commission. The members shall serve staggered terms of four (4) years, provided that of the first members appointed, seven (7) shall serve for four (4) years and seven (7) shall serve for two years. When the term of a member expires, he shall continue to serve until his successor is appointed. Sec. 3. RULES OF PROCEDURE. The Commission shall prepare rules of procedure relating to matters within its jurisdiction. Sec. 4. POWERS AND DUTIES OF THE CO"ISSION A. The Commission shall recommend to the Planning Department an architectural and design concept of theme for Kailua Village that recognizes the desires and concerns of all public and private interests. 8-403 E. The Commission shall provide an architectural and design review of applications requiring "Plan Approval" by the Plannina Department. The Commission's review and recommendations to the Planning Department shall be completed within one month or thirty (30) calendar days from the date of the Commission's receipt of the plans requiring "Plan Approval." If a recom- mendation is not received within the allotted period, the Planning Department shall continue to process the request for "Plan Approval.' - C. The Commission shall provide an architectural and design review of all planned public improvements such as street widening, street lights, and so forth, as well as all private improvements such as landscaping, structural naintinq, or any activity which will alter the physical appearance of Kailua Villaee. The recommendations shall he forwarded to the Planning Department within thirty (30) calendar days from the Commission's receipt of the proposal. If a recommenda- tion is not received within the allotted period, the Plannina Department shall continue to process the proposed activity. D. All of the Commission's advice and recommendations to the Planning Department shall be consistent with the provisions of the Countv Charter, General Plan, Zoning and all other related ordinances and any publicly -funded master plan developed for Kailua Village. A-404 Sec. 5. AmrmDmrNT The Nailua Village Special District boundaries as described in Section 1 shall be subject to review every five (5) years by the County Council and may he amended thereof. 6-405 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. .31. BILL NO. 38 AN ORDINANCE AMENDING SUBSECTIONS 7.01, 7.02, 7.03, 7.04 and 7.05 OF ARTICLE I RELATING TO VARIANCES, OF CHAPTER 8 (ZONING CODE), THE HAWAII COUNTY CODE, AS AMENDED. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Subsection A of Section 7.01 is hereby amended by inserting the word "or" between 'property' and 'building' and deleting the words "or use" following the word 'building.' SECTION 2. Subsection A of Section 7.02 is hereby amended to read as follows: "A. A filing fee of one hundred dollars ($100.00)." SECTION 3. Subsection C of Section 7.02 is hereby amended by deleting the words "to a proper determination" following the word 'necessary.' SECTION 4. Subsection D of Section 7.02 is hereby deleted. SECTION 5. Section 7.03 and Subsections A through C are hereby amended to read as follows: "Section 7.03. Procedure for Variances. The Planning Commission shall, within sixty (60) days after the filing of a proper application or within such longer period as may be agreed to by the applicant, consider the application at a preliminary hearing. If the Commission, at said hearing, determines that the application does not meet the requirements for the granting of a variance as set forth in Charter Section 5-4.3(g), the Commission shall issue an order denying the application and shall refund the filing fee. I£, however, there is probable cause to believe that said requirements may possibly be met, the Commission shall schedule the application for a public hearing at which time the applicant and all other interested persons shall be afforded the opportunity to be heard. "A. The Planning Commission shall, within thirty (30) days after said preliminary hearing or within such longer period as may be found to be in the best public interest, consider the applica- tion at a public hearing. "B. Notice of the public hearing and its purposes shall be published at least twice in a newspaper of general circulation in the County, once at least ten (10) days prior to the date of said public hearing and the second at least two (2) days prior to said hearing. "C. In lieu of a published notice in a newspaper, the Planning Commission may, by policy, require that every recorded property owner, or leaseholder, of property within three hundred (300) feet of the subject parcel be notified of said public hearing and its pur- pose by mail which shall be postmarked at least ten (10) days prior to the date of said hearing. "D. Under the latter procedure, the proceedings and action shall not be nullified if some owners or leaseholders fail to receive such notice." SECTION 6. Section 7.04 is hereby amended to read as follows: "Section 7.04. Actions on Variances. The Planning Commission shall, within a reasonable time after a duly held public hearing or hearings, deny, approve, or defer the application subject to conditions." SECTION 7. Subsection B of Section 7.04 is hereby amended to read as follows: "B. In the event the Planning Commission fails to act, without just cause, within a reasonable time, the Director shall certify such application as approved and shall so notify the applicant." SECTION 8. Section 7.05 is hereby amended by substituting the word and numbers "thirty (30)" for "fifteen (15)" and sub- stituting the word "Appeals" for the word "Council." SECTION 9. Subsection A of Section 7.05 is hereby amended by inserting the word "nonrefundable" before the word 'filing.' SECTION 10. Subsection C of Section 7.05 is hereby amended to read as follows: "C. The Board of Appeals shall, within sixty (60) days after the filing of a proper appeal or within such longer period as may be agreed to by the appellant, consider said appeal." SECTION 11. Subsection D of Section 7.05 is hereby amended to read as follows: "D. Within a reasonable time after considering the appeal, the Board of Appeals shall affirm, modify or reverse the action from which the appeal was taken." -2- SECTION 12. This ordinance shall take effect upon its approval. INTRO/��D,{UCC�E�D BY: Q C uncilm , County / .Hawaii Hilo, Hawaii Date of Introduction: April 3, 1974 Date of Adoption: April 17, 1974 Date Effective: April 29, 1974 -3- BILL NO. 1002 Cas amended) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 36 AN ORDINANCE TO AMEND CHAPTER 8 (ZONING CODE), HAWAII COUNTY CODE, AMENDING REGULATIONS FOR THE USE OF LAND AND STRUCTURES WITHIN EACH OF THE VARIOUS DISTRICTS, SPECIFYING PROCEDURES FOR THE ADMINIS- TRATION AND ENFORCEMENT THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8, Article 1, Section 3.20 through 3.23 is hereby renumbered to Chapter 8, Article 1, Section 3.19 through 3.22. SECTION 2. Chapter 8, Article 1, Section 3 is hereby amended by adding thereto the following subsections: "Section 3.23. CONDOMINIUM. A system of separate owner- ship of individual residential units in a multiple -residential building." "Section 3.41. ENVIRONMENTAL IMPACT STATEMENT. A statement which describes the physical, social, economic, and natural re- source 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 be implemented; the relationship between local short term uses of man's environment and the maintenance and enhance- ment of long-term productivity; any irreversible and irretrievable commitments of resources which would be involved in the proposed action; and economic and social analysis of the proposed action." "Section 3.153. PLAN APPROVAL. A method of allowing closer inspection of all developments in certain zoning districts in order to assure that the intent and purpose of this ordinance are carried out." "Section 3.154. 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 Ap- proval." SECTION 3. Chapter 8, Article 5, Section 3-D is hereby amended to read as follows: "D) Apartments, provided that for a multiple -family dwelling unit which is considered a condominium, a Planned Development Permit is secured from the Planning Commission." SECTION 4. Chapter 8, Article 9, Section 3-A is hereby amended to read as follows: "A) Hotels, resorts, resort motel, condominium buildings, and provided that a Planned Development Permit is secured from the Planning Commission." SECTION 5. Chapter 8, Article 10, Section 3-J is hereby amended to read as follows: "J) Hotels, apartment -hotels and condominium buildings 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 resort and accessory uses only; and provided further that a Planned Development Permit is secured from the Planning Commission." SECTION 6. Chapter 8, Article 11, Section 3-0 is hereby amended to read as follows: "O) Any use permitted in a 'RM' district with a maximum density of 1,250 square feet of land area per rentable or dwelling unit; provided that a Planned Development Permit is secured from the Planning Commission for a condominium building." -2- SECTION 7. Chapter 8, Article 12, Section 3-Aa is hereby amended to read as follows: "Aa) Hotels, apartment-hotels and condominium buildings provided the density shall not exceed one (1) rentable unit for each 500 square feet of land area within the building site; and provided further that a Planned Development Permit is secured from the Planning Commission." SECTION 8. Chapter 8, Article 22, Section 2 is hereby amended by adding thereto subparagraphs B and C: "B) No 'Plan Approval' shall be given for any hotel and/or condominium building unless a Planned Development Permit has been secured from the Planning Commission under the provisions of Chapter 8, Article 27, Section H; provided that any project which has been granted preliminary approval prior to the effective date of this ordinance is exempted from the requirements of the Planned Development Permit." "C) The Director may waive the 'planned development permit' requirement for all renovation/addition to existing hotel and/or condominium developments." SECTION 9. Chapter 8, Article 27, Sections B and E are hereby amended to read as follows: "B. Whenever an application for an amendment to this Ordi- nance 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 filing of such new application prior to the expiration of such two (2) year period. Nothing contained - 3 - herein shall prevent the County Council or the Planning Com- mission from at any time initiating any proceedings which either of said bodies may initiate pursuant to this Ordinance." "E. An Application for any administrative action may include a request for a lesser action without payment for any additional filing fee provided that any notice of any required hearing shall contain information relating to the total requested or contemplated action. "1) Each action in following list shall be a lesser action than any which precedes it: 'P.U.D.,' 'variance,' 'use permit,' 'planned development permit,' 'plan approval,' 'sign approval."' SECTION 10. Chapter 8, Article 27, is hereby amended by adding thereto Section H: "H. Planned Development Permit. '1) 'Planned Development Permits' may be issued by the Planning Commission as required for uses for which a 'planned development permit' is necessary. 112) Application for a 'planned development permit' shall be as follows: "a. The application shall be on a form prescribed for this purpose by the Planning Commission and shall be accompanied by: "(1) A filing and processing fee of one hundred dollars ($100.00). 1(2) A description of the property in sufficient detail to determine the precise location of the property involved. -4- "(3) A plot plan of the property, drawn to scale, with all proposed structures shown thereon and any other information necessary to make a proper determination of the request. "(4) Twenty-five (25) copies of an environ- mental impact statement as defined herein. More copies may be requested by the Director to assure ample public reviewing opportunity. "(5) Any other plans or information required by the Planning Commission. "Ie. The content and scope of the environmental impact statement shall be determined as follows: "(1) The applicant shall submit the information required in a. (2) (3) above to the Planning Di- rector. "(2) The Director shall review the information in comparison to the General Plan to determine the kind of an impact statement required of the applicant, major or minor statement. The Di- rector shall also state the areas of critical environmental concerns to delineate the scope of the environmental impact statement. "(3) The Director shall determine the environ- mental impact statement requirement within twenty- one (21) days of the date of receipt of the request. Failure to act within the required time shall con- stitute a decision by the Director to accept a minor statement. "(4) The outline and guidelines for developing a major or minor statement shall be made available to the public by the Planning Department. -5- "c. The Planning Commission shall conduct a public hearing after thirty (30) but within sixty (60) days from the receipt of a properly filed application. Notice of the public hearing and its purposes shall be published at least twice in a newspaper of general 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. "d. The Director shall review the application and provide a staff report to the Planning Commission. The Director shall distribute and coordinate the environmental impact statement and its comments. "e. The Planning Commission shall evaluate the environmental impact statement including an analysis of the manner in which nearby properties are used, the character of the area and community, the needs of the people, and any other pertinent factors. The Planning Commission may attach reasonable conditions to the permit deemed necessary to assure compatibility with the General Plan and Section 3-16 of the County Charter and the minimization of any adverse social and environmental impact. "f. If the Planning Commission determines that the proposed hotel and/or condominium use will conform to the intent of the General Plan and other related ordinances, it shall grant the Planned Development Permit provided that no structure or improvement pertaining to the proposed use shall be permitted until 'plan approval' has been secured. "g. The Planning Commission shall not act on the application prior to fifteen (15) days after the public hearing but within a reasonable time thereafter. "h. In the event the Planning Commission fails to schedule the public hearing within the required time 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. "i. No new application for the subject area shall be filed within one (1) year from the date of the Commission's action unless the applicant proves that the conditions and/or circumstances have changed substantially since the initial action; provided, no new application shall be processed prior to six (6) months from the date of the Commission's action. 113) For buildings constructed after the effective date of this ordinance and for which a 'planned development permit' was not required due to classification other than condominium, a 'planned development permit' shall be required prior to the approval of any such use conversion. "4) Final action of the Planning Commission may, within fifteen (15) days after such action is taken be appealed in writing to the Planning Board of Appeals. "a. Said appeal shall be accompanied by a filing fee of ten dollars ($10.00). "b. Said appeal shall set forth the basis of such appeal and shall specifically detail the manner in which it is alleged that the Planning Commission has erred in making its determination. -7- I.C. The Board of Appeals, upon receipt of such appeal, shall set the matter for a hearing. Notice of the hearing shall be mailed at least ten (10) days prior to such hearing to the appellant, the Planning Commission, either by mail or in person. "d. Within sixty (60) days after the filing of such appeal, the Board of Appeals shall affirm, modify or reverse the action from which the appeal was taken." "5) Final action of the Planning Board of Appeals may, within fifteen (15) days after such action is taken, be appealed in writing to the Hawaii County Council. "a. Said appeal shall be accompanied by a filing fee of ten dollars ($10.00). "b. Said appeal shall set forth the basis of such appeal and shall specifically detail the manner in which it is alleged that the Planning Board of Appeals has erred in making its determination. "c, The Hawaii County Council, upon receipt of such appeal, shall set the matter for a hearing. Notice of the hearing shall be served at least ten (10) days prior to such hearing to the appellant, the Planning Commission and the Planning Board of Appeals, either by mail or by personal delivery. "d. The Hawaii County Council shall sustain an appeal only if the Council finds that the action of the Director, Planning Commission, or Planning Board of Appeals was based on an erroneous finding of a material S:E fact or that the Director, Planning Commission, or Planning Board of Appeals had acted in an arbitrary or capricious manner or had manifestly abused his or its discretion. "e. Within sixty (60) days after the filing of such appeal, the Hawaii County Council shall affirm, modify or reverse the action from which the appeal was taken. The decision of the Hawaii County Council shall be final. SECTION 11. Chapter 8, Article 1, Section 6 is hereby amended in its entirety to read as follows: "SECTION 6. AMENDMENTS "This Chapter may be amended by changing the boundaries of districts or by changing any other provision hereof when- ever the public necessity and convenience and the general welfare require such amendment." "SECTION 6.01. WHO CAN INITIATE. An amendment may be submitted by: "A. The County Council "B. The Planning Director "C. Owner(s) of the property." "SECTION 6.02. PROCEDURE "A. In considering an amendment which proposes to change the district classification of any property, the Planning Director shall consider the purposes of the existing and proposed district and the purposes of this ordinance and shall recommend no change in any district boundary which does not result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. "1) The Planning Director may deny the proposed amendments or recommend its approval to the County Council with the approval of the Mayor through the Planning Commission subject to conditions which would further the intent of this ordinance and the General Plan and other related ordinances. 112) In the event the Planning Director recommends the approval of the proposal, the proposal shall be forwarded to the Planning Commission for its review and recommendation to the County Council. "B. Upon receipt of the change of zone request from the Planning Director, the Planning Commission shall hold at least one public hearing. "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) The Planning Commission shall also give additional notice by mailing, at least ten (10) days prior to the scheduled date of such hearing, a written notice of the time, date and place of such hearing, its purpose and a description or sketch of the pro- perty involved to the owners of all prooerty within three hundred (300) feet of the affected property as well as to owners of all property described in the petition; provided, however that any failure to mail or to receive written notices as aforesaid, shall not invalidate any proceedings for amendment of this ordinance. -10- "3) Within a reasonable time after the conclusion of the public hearing, the Planning Commission shall recommend the approval or disapproval of any proposed amendment and shall file a report of its findings and action taken with the County Council. "C. in the event the Planning Director denies a pro- posed amendment, the decision is final except that the petitioners within fifteen (15) days after such action may in writing appeal such decision to the County Board of Appeals. The Rules and Regulations governing the Adminis- trative Procedure of the Board of Appeals shall be adhered to. "D. Application for a change of zoning district and any other provisions of this ordinance shall be on a form prescribed by the Director and shall be accompanied by: "1) A filing and processing fee of one hundred dollars ($100:00). 112) A description of the property in sufficient detail to determine its precise location. 113) 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. "4) Any other plans or information requested by the Planning Director or Planning Commission: pro- vided that all proposed amendments involving the construction of hotel and/or condominium developments, shall require the submission of an environmental Impact statement." -11- SECTION 12. This ordinance shall take effect upon its approval. INTRODUCED BY: Councilman, County of Hawaii Hilo, Hawaii Date of Introduction: June 20, 1973 Date of Adoption: May 15, 1974 Date Effective: June 5, 1974 -12- BILL NO. 52 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. 4.4 AN ORDINANCE AMENDING CHAPTER 8 (ZONING CODE), HAWAII COUNTY CODE, RELATING TO PROCEDURES FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8, Article 27, subsection H -2(a)(4) is hereby amended by addition of the words "and County Council" after the word "public" and before the word "reviewing." SECTION 2. Chapter 8, Article 27, subsection H -2(b)(1) is hereby amended by addition of the following sentences: "The Planning Director shall submit the information received from the applicant to the County Council for review, comments and recommendations. The County Council shall submit its comments and recommendations, if any, to the Planning Director within fifteen (15) days of the date of receipt of the information." SECTION 3. Chapter 8 is hereby amended by adding thereto Article 28: "ARTICLE 28 Severability Sec. 1. GENERAL PROVISION. If any portion of this chapter or article, or its application to any person or circumstance, shall be held unconstitutional or invalid because it violates any provision of the Hawaii County Charter or for any other reason, the remainder of the chapter or article and the application of such portion to other persons or circumstances shall not be affected thereby." SECTION 4. This ordinance shall take effect upon its approval. INTRODUCCE/D `BY: o , COUNCILMAN, COUNTY OF HAWAII Date of Introduction: June 5, 1974 Date of Adoption: June 19, 1974 Effective Date: June 27, 1974 -2- BILL NO. 74 COUNTY OF HAWAII - STATE OF HAWAII I ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 8 (ZONING CODE), HAWAII COUNTY CODE AS AMENDED. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8, Article 27, is hereby amended by adding thereto Section I: "I. Minimum Building Site Area. The minimum building site area requirement may be waived by the Director for public utility and/or public rights -o£ -way subdivisions and their remnant parcels.-- SECTION arcels." SECTION 2. This ordinance shall take effect upon it approval. INTRODUCED BY: Vt Con Yi1man, Co ty of Hawa i Laupahoehoe, Hawaii Date of Introduction September 25, 1974 Date of Adoption: October 9. 1974 Date Effective: October 15. 1974 BILL NO. 66 (AMENDED) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 7— AN ORDINANCE AMENDING CHAPTER 8 (ZONING CODE), ARTICLE 17, HAWAII COUNTY CODE, AS AMENDED, ESTABLISHING A FLOOD HAZARD DISTRICT DESIGNATION (SP) AND STIPULATING CONDITIONS FOR CONSTRUCTION IN SAID FLOOD HAZARD DISTRICT AND REPEALING ALL SECTIONS AND PARTS OF SECTIONS OF ORDINANCES OF THE COUNTY OF HAWAII IN CONFLICT THEREWITH. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8, Article 17, Hawaii County Code, is hereby amended by adding Section 3 to read as follows: "Sec. 3. SAFETY FLOOD HAZARD DISTRICT - SF. "A. This subdistrict shall apply to areas designated by the Federal Insurance Administration as being subject to special flood and tsunami hazards and indicated on the zone maps as SF districts. "B. The elevation of the flood level (referenced to MSL) shall be indicated on the zone maps by a numerical suffix after the letters SF. For sheet flow conditions, the numerical suffix shall indicate the depth of flow above ground elevation in inches." SECTION 2. This ordinance shall take effect on December 31, 1974. INTRODUCED BY: COUNCILMAN, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: August 21, 1974 Date of Adoption: December 4, 1974 Effective Date: December 31, 1974 BILL NO. 70 AMENDED COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO._ V� - ORDINANCE AMENDING CHAPTER 8 (ZONING CODE), HAWAII COUNTY CODE, AS AMENDED, ADOPTING REGULATIONS FOR INTENSIVE AGRICULTURAL DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8, Hawaii County Code, as amended, is hereby amended by adding thereto Article 18 to read as follows: "ARTICLE 18 "Regulations for IA, Intensive Agricultural Districts "SEC. 1. PURPOSE AND APPLICABILITY "This district provides for the preservation of high productive lands for agricultural purposes as provided for in the County General Plan. "It applies to rural areas of good agricultural lands and the intervening gullies and steep slopes which are not subject to urbanization or higher density uses as spelled out in the General Plan. "SEC. 2. PERMITTED USES "A. Single-family dwellings (only one per building site). "B. Sugar growing. "C. Orchards. "D. Diversified agriculture - the growing and gathering of crops, fruits, vegetables, flowers, and other plants. "E. Processing, storage, packing, shipping and sales of products produced on the premises provided the site or building used for such activity shall be at least one hundred (100) feet from any property line. 'F. Piggeries, apiaries, and penfeeding of livestock when not closer than 1,000 feet to any major road or to any district other than 'U' or 'A' on site approved by the Health Department and the Director. "G. In areas over 30 per cent slope and in gullies within this district where rough terrain discourages intensive agricultural uses, the Director may approve any other uses as listed under 'RA' or 'A' districts. "H. Use and buildings normally considered accessory to the above permitted uses subject to the approval of the Director. "SEC. 3. HEIGHT LIMITS "Same as in 'A' districts except that the Director may permit by 'Plan Approval' any farm structures to be built to a height of one -hundred (100) feet, which action need only to determine that the extra height is necessary. "SEC. 4. MINIMUM BUILDING SITE AREA AND DISTRICT DESIGNATION "A. Same as in 'RA' districts except the symbol 'IA' shall be used. "B. The minimum area to be designated for any 'IA' district shall be three (3) acres up to a maximum of ten thousand (10,000) acres. "SEC. 5. MINIMUM BUILDING SITE AVERAGE WIDTH "Same as in 'A' districts. "SEC. 6. MINIMUM YARDS "Same as 'A' districts. 6'-C ry "SEC. 7. OTHER REGULATIONS (See Article 26) "If any building site in any IA district has an area of less than three (3) acres, the minimum yards shall be the same as in a RA district having an area requirement nearest that of the subject building site." SECTION 2. This ordinance shall take effect upon its approval. INTRODUCED BY: )i COUNCILMAN, COUNTY OF HAWAII Date of Introduction: January 22, 1975 Date of Adoption: February 5, 1975 Effective Date: February 12, 1975 -3- BILL NO. 99 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 8 (ZONING CODE), HAWAII COUNTY CODE, AS AMENDED. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8, article 27, is hereby amended by adding thereto Section J: "J. If the Director finds that the public welfare and safety will not be violated, he may waive portions or all of the requirements and standards of this code for consolidation and resubdivision action resulting in the creation of the same or less number of lots than that which existed prior to the consoli- dation/resubdivision action; provided, however, that prior to the granting of any waiver, the Director shall confer with the Chief Engineer and the Manager of the Department of Water Supply and other appli- cable government agencies." SECTION 2. This ordinance shall take effect upon its approval. INTRODUCED BY: Councilman, County of Hawaii Hilo, Hawaii Date of Introduction: January 22, 1975 Date of Adoption: February 5, 1975 Effective Date: February 12, 1975 Bill No. 136 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 130 AN ORDINANCE AMENDING CHAPTER 8 (ZONING CODE), ARTICLE 1, SECTION 6.02, HAWAII COUNTY CODE, AS AMENDED, RELATING TO DESCRIPTION OF PROPERTY TO BE SUBMITTED FOR AMENDMENTS TO DISTRICT BOUNDARIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8, Article 1, Section 6.02-A-2, Hawaii County Code, is hereby amended by adding the following at the end of the paragraph: "The applicant shall file a metes and bounds description of the property as certified by a surveyor prior to the Planning Commission's filing a report of their findings and action taken with the County Council." SECTION 2. Chapter 8, Article 1, Hawaii County Code, is hereby amended by adding Section 3.185 to read as follows: "Sec. 3.185. SURVEYOR. A person duly registered as a professional land surveyor in the State of Hawaii." SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCILMAN, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Jung 19, IS'75 Date of Adoption: July 9, 1975 Effective Date: July 14, 1975 BILL NO. 140 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 133 AN ORDINANCE AMENDING CHAPTER 8 (ZONING CODE), ARTICLE 17, SECTION 3-B, HAWAII COUNTY CODE, AS AMENDED, RELATING TO THE SAFETY FLOOD HAZARD DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8, Article 17, Section 3-B, Hawaii County Code, is hereby amended to read as follows: "B. The elevation of the flood level (referenced to MSL) shall be indicated on the zone maps by a numerical suffix after the letters SF. For sheet flow conditions, the [numerical suffix shall indicate the depth of flow above ground elevation in inches.] alphabetical suffix D, indicates that the area is subject to undetermined, but possible flood hazard." SECTION 2. Material to be repealed is bracketed. New material is underscored. When incorporating this ordinance into the Hawaii County Code, the incorporator need not include the brackets, the bracketed material, or the underscoring. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCILMAN, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: July 9, 1975 Date of Adoption: July 23, 1975 Effective Date: July 29, 1975 Bill No. 181 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 (ZONING CODE), ARTICLE 1, SECTION 6.02, HAWAII COUNTY CODE, AS AMENDED, RELATING TO DESCRIPTION OF PROPERTY TO BE SUBMITTED FOR AMENDMENTS TO DISTRICT BOUNDARIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8, Article 1, Section 6.02-A-2), Hawaii County Code, is hereby amended to read as follows: "2) In the event the Planning Director recommends approval of the proposal, the proposal shall be forwarded to the Planning Commission for its review and recommendation to the County Council. The applicant shall file a (metes and bounds descrip- tion) map and description by metes and bounds of the property as certified by a surveyor prior to the Planning Commission's filing a report of their findings and action taken with the County Council." SECTION 2. Material to be repealed is bracketed. New material is underscored. When incorporating this ordinance into the Hawaii County Code, the incorporator need not include the brackets, the bracketedmaterial, or the underscoring. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: -"fes COUNCILMAN,. COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: October 23, 1975 Date of Adoption: November 5, 1975 Effective Date: November 13, 1975 BILL NO. 188 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. _1S& AN ORDINANCE RELATING TO THE DEFERRAL OF AMENDMENTS TO CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE, AS MENDED, RELATING TO THE KALAPANA-KAIMU AREA. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF IIAI4AII: SECTION 1. FINDINGS AND PURPOSE It is the finding of the County Council that in recent years, actions have been initiated which may irreversibly affect the Kalapana-Kaimu region. in particular, such actions pertain to land use changes which would intensify activities in the area to a greater degree than what exists at the present time. A Special Permit has been granted to allow the development of 350 hotel units and 74 condominium units, and a resort change of zone request for a drive-in facility is now pending before the County Council. These actions were favorably recommended by the Planning Commission pursuant to the General Plan which earmarks the subject area for resort uses. The County Council also finds that public concerns over the implementation of the General Plan for the subject area have been raised. Some area residents have argued that land use changes which would affect the status quo of the region would drastically alter existing lifestyles and precipitate negative social impacts; would have significant adverse effects upon the natural environment; would destroy the natural beauty of the area; and would not benefit the public health and L.: L4 welfare. It is the finding of 'the County Council that such i public concerns merit serious consideration before irreversibly committing more of the Kalapana-Kaimu area for resort and/or higher density uses. The County Council also finds that a Puna Community Development Plan (CDP) will be shortly initiated and is expected to be completed before December of 1976. The CDP is to serve as a specific guide for the area pursuant to the goals and objectives of the General Plan. The CDP will also contain a feasibility study as to the economic growth of the Kalapana-Kaimu area on a short-term basis. It will, therefore, necessitate a discussion as to the feasibility of continuing to retain the Kalapana-Kaimu area as an area for resort or higher density uses. Additionally, the General Plan Land Use Pattern Allocation Guide Map is scheduled for an up -date and should be available for County Council consideration before December of 1976. Both planning efforts will include extensive citizen participation, an ingredient necessary to develop responsive and implementable plans. It is the further finding of the County Council that in view of the public concerns and impending General Plan up -date and Puna Community Development Plan efforts, it would not be in the best public interest to irreversibly commit the Kalapana- Kaimu area for resort and/or higher. density uses. The development of the General Plan of the County of Hawaii in the late 1960's considered the Kalapana-Kaimu area to be a destination area in line with the philosophies and economic situation which existed in the County at that time. Recent -2- governmental actions which affect the residents of that area have been confronted with a greater voice of the local residents which was not measured before. It is, therefore, necessary to render an objective view of the present situation and future situation as regard to an environmental impact and reassessment of the entire area for present living conditions, future living conditions, and also future development possibilities. The purpose of this ordinance is, therefore, to defer any rezoning actions in the Kalapana-Kaimu area until such time as the General Plan Land Use Pattern Allocation Guide Map revision and the Puna Community Development Plan are completed and adopted by the County Council and the Planning Commission, respectively, or December 31, 1976, whichever is sooner. SECTION 2. DEFERRAL OF AMENDMENTS TO CHAPTER 8 (ZONING CODE) . Notwithstanding any provision of the County Code to the contrary, the consideration of any rezoning requests for properties identified by the following tax map keys, dated March 10, 1975, shall be deferred from the effective date of this ordinance until such time as the General Plan Land Use Pattern Allocation Guide Map revision and the Puna Community Development Plan are completed and adopted by the County -3- Council and the Planning Commission, respectively, or December 31, 1976, whichever is sooner: Tax Map Keys: 1-2-01 1-2-06 1-2-15 1-2-29 1-2-02 1-2-11 1-2-16 1-2-32 1-2-03 1-2-12 1-2-17 1-2-04 1-2-13 1-2-18 1-2-05 1-2-14 1-2-28 SECTION 3. This Ordinance shall take effect upon its approval. INTRODUCED BY: Counc�ber(/County Hawaii Hilo, Hawaii Date of Introduction: November 19, 1975 Date of Adoption: February 6, 1976 Effective Date: February 17, 1976 Bill No. 231 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 217 AN ORDINANCE ADOPTING THE KAILUA VILLAGE DESIGN PLAN PURSUANT TO ORDINANCE 439, GENERAL PLAN, COUNTY OF HAWAII. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Legislative Intent The Kailua Village Design Plan is a direct outgrowth of the County General Plan which was adopted in 1971 as Ordinance No. 439. The Design Plan is based on the goals, policies, standards, and courses of action which have been set forth in the General Plan. The purpose of the Design Plan is to further clarify the General Plan policies and to establish a more detailed program for implementing the General Plan within the Kailua Village area. It shows current and proposed public and private capital improvements and ser- vices, existing and proposed zoning and any other information which would assist the Planning Department, Planning Commission, County Council, and other governmental agencies in implementing the Hawaii County General Plan. Furthermore, the 1973 State Legislature passed Act 119 that required all counties to undertake urban design plans. To be included in the design plans are the general consideration of land use, pedestrian and vehicular circula- tion, public and private community facilities, historic sites, significant natural land and water features and views and vistas, and basic concepts of environmental character. In 1974, the Council adopted Ordinance 628, creating the Kailua Village Special District Commission. One of the requirements of this Commission was to identify a theme for the village of Kailua which would enable the Commis- sion and the Planning Department to provide a better architectural and design directions for Kailua. As such, the Kailua Village Design Plan was prepared to fulfill a myriad of legal requirements, including the General Plan, Act 119, and the Kailua Village Special District Commission. SECTION 2. Adoption of the Kailua Village Design Plan. The draft of the Kailua Village Design Plan, as prepared by Donald Wolbrink & Associates, Inc., and contained in their supplementary report of March 11, 1976, and the changes as recommended by the Planning Commission at its meeting of April 22, 1976, is hereby officially adopted as the Kailua Village Design Plan. SECTION 3. Effective Date. This ordinance shall take effect upon its approval. INTRODUCED BY: (De Luz - Absent and Excused) Council Members, County of Hawaii Hilo, Hawaii Date of Introduction: June 16, 1976 Date of Adoption: July 7, 1976 Effective Date: July 16, 1976 - 2 - BILL NO. 321 COUNTY OF HAWAII « STATE OF HAWAII ORDINANCE NO. 297 AN ORDINANCE AMENDING CHAPTER 8 (ZONING CODE), ARTICLE 14, SECTION 3 AND ARTICLE 15, SECTION 3, HAWAII COUNTY CODE AS AMENDED, RELATIVE TO PERMITTED USES WITHIN THE INDUSTRIAL ZONED DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8, Article 14, Section 3, letter W is hereby redesignated as letter X. SECTION 2. Chapter 8, Article 14, Section 3 is hereby amended by adding thereof a new item after letter W: "W. Restaurants." SECTION 3. Chapter 8, Article 15, Section 3, letters Af are hereby redesignated as letters Ag. SECTION 4. Chapter 8, Article 15, Section 3 is hereby amended by adding thereof a new item after letters Af: "Af. Restaurants." SECTION 5. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 6. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: July 22, 1977 August 3, 1977 August 9, 1977 INTRODUCED BY: 1� COUNCILMAN, COU.' Y OF HAWAII BILL NO. 306 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 281 AN ORDINANCE AMENDING SECTION 6, RELATING TO SUPPLEMENTARY OFF-STREET PARKING AND LOADING REGULATIONS, OF CHAPTER 8 (ZONING CODE), ARTICLE 26, HAWAII COUNTY CODE 1975, AS AMENDED. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. PURPOSE. In 1974, the County adopted Ordinance No. 53, the Hilo Downtown Development Plan, which was prepared in accordance with the mandate of Ordinance No. 439, the County General Plan, to "implement a program to revitalize downtown." The Hilo Downtown Development Plan has suggested that the area bounded by Kinoole Street, Ponahawai Street, Hilo Bay and the Wailuku River be designated on the zoning map as an overlying Parking District, exempt from the off-street parking requirements of the County zoning code. For cultural, economic, and historical reasons, it is imperative that Downtown Hilo be revitalized and rehabilitated. SECTION 2. Section 6 of Chapter 8 (Zoning Code), Article 26, Hawaii County Code 1975, as amended, is hereby further amended by adding a new section to read as follows: "Sec. 6.01 EXCEPTIONS The supplementary off-street parking regulations of Sec. 6 above, shall not apply to that area in the City of Hilo, bounded by Kinoole Street, Ponahawai Street, an imaginary straight line extension of Ponahawai Street into Hilo Bay and Wailuku River. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY F HAWAII Date of Introduction: May 18, 1977 Date of Adoption: June 1, 1977 Effective Date: June 15. 1977 -2- Bill No. 594 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE 573 AN ORDINANCE AMENDING SECTION 6, RELATING TO SUPPLFrIENTARY OFF-STREET PARKING AND LOADING REGULATIONS, OF CHAPTER 8, ARTICLE 26, HAWAII COUNTY CODE 1975, AS AMENDED. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. PURPOSE. The purpose of this ordinance is to exempt those areas fronting that portion of the Hawaii Belt Highway which runs from Jupiter Cleaners and Laundry to Kona Towing Service in Kainaliu, Kona, from the off-street parking requirements of the Zoning Ordinance. The Council finds this action necessary to permit improvement and development to the Kainaliu area without necessitating the wholesale destruction or alteration of existing commercial structures. SECTION 2. Section 6 of Chapter 8, Article 26 of the Hawaii County Code 1975, as amended, is amended by adding a new section to read as follows: "SECTION 6.02. EXCEPTIONS. The supplementary off-street parking regulations of Section 6 shall not apply to those areas immediately fronting either side of that portion of the Hawaii Belt High- way which runs from Jupiter Cleaners and Laundry to Kona Towing Service, in Kainaliu, Kona." SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: Cou it Member, unty of Hawaii Hilo, Hawaii Date of Introduction: April 2, 1980 Date of Adoption: April 21, 1980 Effective Date: May 21, 1980 THIS WILL VERIFY THAT TWO-THIRDS OF THE MEMBERSHIP OF THE HAWAII OUNTY COUNCIL VOTED TO OVERRIDE THE MAYOR'S ETO ON BILL NJ. 594. dl.dH RO COUNCIL CHAI N CHAPTER 9 CHAPTER 9 SUBDIVISION CONTROL CODE Page Article1 . ....................................................... 9-1 General Provisions ................................................ 9-1 Sec. 1. Title ............................................ 9-1 Sec. 2. Scope of Regulations ............................. 9-1 Sec. 3. Definitions ...................................... 9-1 Sec. 3.01 Alley ............................................ 9-1 Sec. 3.02 Arterial ......................................... 9-1 Sec. 3.10 Building Line .................................... 9-1 Sec. 3.11 Bureau of Conveyances ............................ 9-1 Sec. 3.20 Chief Engineer ................................... 9-2 Sec. 3.21 City of Hilo ..................................... 9-2 Sec. 3.22 Commission ....................................... 9-2 Sec. 3.23 County General Plan .............................. 9-2 Sec. 3.24 Cul -De -Sac ....................................... 9-2 Sec. 3.30 Director ......................................... 9-2 Sec. 3.31 Director of Transportation ....................... 9-2 Sec. 3.32 District Engineer ................................ 9-2 Sec. 3.40 Easement ......................................... 9-2 Sec. 3.41 Engineer ......................................... 9-2 Sec. 3.110 Lot .............................................. 9-3 Sec. 3.111 Lot, Reversed Corner ............................. 9-3 Sec. 3.112 Lot, Reversed Frontage ........................... 9-3 Sec. 3.113 Lot, Through ..................................... 9-3 Sec. 3.120 Manager .......................................... 9-3 Sec. 3.150 Parkway .......................................... 9-3 Sec. 3.151 Pedestrian Way ................................... 9-3 Sec. 3.152 Person ........................................... 9-3 Sec. 3.153 Plat ............................................. 9-3 Sec. 3.170 Reserve Strip .................................... 9-4 Sec. 3.171 Right -of -Way ..................................... 9-4 Sec. 3.172 Roadway .......................................... 9-4 Sec. 3.180 Sanitary Engineer ................................ 9-4 Sec. 3.181 Sidewalk ......................................... 9-4 Sec. 3.182 Street ........................................... 9-4 Sec. 3.183 Street, Business or Industrial ................... 9-4 Sec. 3.184 Street, Collector ................................ 9-4 Sec. 3.185 Street, Half ..................................... 9-4 Sec. 3.186 Street, Marginal Access .......................... 9-5 Sec. 3.187 Street, Minor .................................... 9-5 Sec. 3.188 Street, Private .................................. 9-5 Sec. 3.189 Street Plug ...................................... 9-5 Sec. 3.190 Subdivided Land .................................. 9-5 Sec. 3.191 Subdivider ....................................... 9-5 Sec. 3.192 Surveyor ......................................... 9-5 Sec. 4. 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Al mo # 40 Oh A, 0 All 6, EF 0 hy I 0, # MO 'Ek ON, 0, W 40 'o, ME 9 3 2 See. 6 01 1 errie t s int 16 9-32 ,S, e c,wM 02 I v i le w a n, Agenc'es to ReWlp 9 -3 IS,( C 01 0 Jil ��3, Comp I e t ` 1, 011 C), f I rfrip r,,o %r erne Tpl,,-t R, (9 q Eu i. r m, nt, s 44, f 0,,r F 1 1. a E�t, Appr ov ca, 1 1 (:,), ji"),!, ci, 1 n g 01 hEo Mi #E Mi # 9 - 3 3, Sec 1 0 1,� C o hr',i, s Et. rL1, t F rri a I A� o 4v "t 10 1-1 P r I., Eo i-, xp'i # # 46 ME, 40 411 ho 9 3 3 Secp '7 02 .rcC Bo I a n F" n. A p »,u, o, vi,:,,,:�i r. 0 1EE, -t, 0 It, 1' Lirc It o n 9- 34 S,ec To03 A lg,,:r�, e;i,, In, fir- n, t"* ME M hol op 0 EVE 1.9 Slec,, '7 . 04 ^ ' B 0 1"-1, dw 01 w w M, IN , 10, ME ho I I*, 'MR, 'o, I lo, 0 ME Sec Em, wh 0 P. 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I- I s, Is u a n c le o f 1. B i,,j, J_ 1. d i n, g P le r m t s Urn 11 s s St irl,c; A Ec, Ic e pt ez. d E x c p 1''O'n s I ME W # IF Em W, Ell 0 hil 110, 0 w ol 9-44 2. No in, -1 s'Lli airi c e o f' P e rrr " t If o i,,- I s t al la t * 7 , I :L 10 ri o If S*,e r v i.. c e » N rr i, t, :Oi.e s 0 W hib 6, Mi gh 6, 0, &NEl ll hip '", Eill 09�44 3 N A c c e', pil t a n c e Eo f I "I I "i, lvvI Ea y, s 0 w Em w EN o * W 0 0 0 10 M * 9-44 Sec 0 ,4 LE M,a,rg,,e a]",., e v o p m, le in ith, Ew Ol 9, - 4.4 C 0 C"01 TI'l(D] U BD DE T I TI. E T li lr-i ap -t,, r t"ri ay 'b e c, l"'t, e, d a s tlglfa� S"L b,,,,,i �,i on, C ,, o n'tr o 1 -�D "VA j (� S 2 SC(Dl,'-'E OF REGLJLATIICIINkj As a'uthorizec'l by S�ctio,n 62-34,(7),, R(m.1", s erl", as, arnende,(.d, zjr�-',id app,ld c' q,,a, ' bl' e o r d i n. a n, c e s all si.,'il',)dl'�vlS2-on pla-ts ar-id all strel&ts or ways t h, e -t. n g, a n d Co u �n, ty o f li a w a 1.1 C r e a t e, d, f" o jl- -t �n, e piu, r p o se o f p a r ,am i t -" I 'J� s 4F:i, 1 be, a p p r ov e ci by t h e, D 1 r, e c t o r i, ri ac, C 01 r d a n Sec. 3. E), FI NI T I ON S 0, Thie foll,r,.'�vw,.Lng words and pl i,,:rlases, uniless, -tl-iie coi."',ite,vt req'U,'i,.res,,, st-lal-1. UP,; as, here, naftei,.,• Iicated. b .,"L o ''y k: A n,r o w st r e t tl"i, r a Sec. 3.01EY, p 1.,]"',n' 8, f o s s by s pe r v 1 C v eh 1 cl. e e ba c k, a1r, FS'idkel, t o, f pr o p es frar ing on, street,, Sec,, 3,,,,,02 AR T ER I AL A strefet of considerable continul"'Ay, is pri il-y a traff,il,c ar c.kH a tii. o'n b e t w sew n, o r t i' r o u g h 1, g c,,ne a, 'E A I i-, Secrr-ie o n za, p],, au t 1 n, � '�il' c a'' t *1 "1'"1 Og . 3. -11-0 LR4 i the I lAnit b c y o.r-i, w h 1", &-11, b'LJ ill,,C"I 9 S' o, r ,s, tr u c t ur e s rrna y n o t, b e' er e c t e �d, ,Se,c. . 3 11. BUI, " FI E, �AIJ 0 F C V E YANC E S, r lotl-,'ie Dpa i,�� tail e t o, f L d a t -i DNI a -L, L,111,7 ic'-'i I s o, i », c. e" =I w a 131, p vi 1, 1 e:r,,e s tfb d ,iJ,,v s,l o r��i s, in e et it,�), g t Y,,,i ef r t.,i i r e, me n Chil, a p t e,r Kiri n� I*.]. ec.::! Of S ti -I ec 3 2 0 CHIEF ENGINEER., The C'l,-,i,:Lef -ks of Co,u,,,n,,,t,y of Hawa:i.i., Departn-i(-,.,�,wl,of Publ,i-c V S-ec . 3,v 2 1 C I TY 01 HILoO* P"'i,1, o n o, f t Yi e d s t,,r,* c t 0 1 10, 1 C 11, 1 Ol Nrli J, as f,ollows Oyu O'f S,OtAh 1, COUnty of Havia v s dc- scr�.ber n, ct of B,o u r i,uled ori -tl-ie Swi,ti-i, 'by the d-,l,,3,.,ll i West clistr 1111-ct�s, of Kau,, @�nxi,', Noi-",1:1,�i, 1--lilo;,; on; tYie N o, i,, tlri by, tl-Mie ah',uptji,aa of" Pa,Ukaa 1"'n i Ylie di.stni[ct of Sout,h, 1Jl-l*';L2,,ol; a,[ -"-"id or -i, Z> a 3,..,22 C OtAM LS S I tThe-, Planimir.'lrig Commiss.J."W"I Of tl'ie V Cl'. 'I Cll('�'),U' I t Y f 1`1 F:i I v "'). "" S ec, 3,. 23 CWNITY GE1,41RAL Arly p 1 ,@,,,n t",Alrjd by tll,(DCO"U11ty Of for t,A-ie g,ui*,dla),')ce of gi,owt)"i, ai-�vcil i"n,prove~ mertt of t"Y"),e Coutnty',, nt S b [T SecD -�t A s t r e ct E,- SD e a d - ez,-i. d s,,t� r e 0 . 3.24 CUlm j „fin sec 3. 3, 01 D I RE,C T 013. I'l-i D111YET"TOR 0,F.TR�n�,,,r,,slSP,C,'�iRTAT'ION,o The D r c tIn e D e p a r tri e, n, t o f 'T f Sec, 3. 32 DIST11ICT EN',GIN-EER,.l Dlls;�trict EnTineer iof t -i lvnv, a y s of tl-i e S,t a t, D "® p L,i, t m -t 0 f gl S, e, c 3.4- 0 EASEMED11'. A graln't Use, a of 3 -and for, a dW urpllose�s, Soc,� c. 3,4,.1, E INE E R o Irv,g: ed as a r, r n 1 I 1, r, c, �er 1 w a i.1 -ie St a t o f"' IT - p r o f e, s, s o ri a I c 1, v,` n g. I C o f la ri d", t, n, r.3ke d, a s, a vri for -(,ra;,i,,sf'ler of or for nwar 'fir S el c 3 .1-11 ";v. II RE VEP� S El, C ORP"j, A, c,(')r n r 1 o t t h s, 1, cl e s, t r e e, t n e f ,,N,,'h,, ,,.i.cri, i,s b �s, t a, -t a I-] - y, a st n i. c o i'l, t i n tja t i. on ,of' the front lot, rl e o, f.-- t h e f ""' r <- t ,I o, -t t o, -t, s r e r,,, S(:%�c; 112 I LOT,, REVERSED A I o t S l* t'Ll a -,t e d, b et vv, e (9 11, a n., e x j!-' g c), r pr lo P o s t c I., I s tT e d a r r e,o t a a m rl in o r ,street vu�,i`th fror'il-algc, a ii, r,.J, z c,,,ci,:-?ss I ng der, 'Al, ved be- 1 from the mj�,nor s t r,e e t", S e c . 3 113 L 0 T, TIER 0�11JG 1-1 A I., o t g, fr,qntage oin tv'x) p a r al I e 1 r a p p r o x :t�m a te",,, I y p r z:i I. el, s, t r e, W -t, s o t'll-'i el:r., �t h a n a 1. e,y s, Yi a,,nd c e s,s 1) aii. "n g, derived from e"Al'-wr lc),f -tl'-ille -Itvvo, strc-,p,et >ec. 3.1-20 S P ll'[Pl�,Isl AG, E, R Tl -:ie of' tl �l 0 Llenpli-.ixtnieat D n of Wate,r Si,,.j-pplly of 'C"O'buniy rc)-.F." Ylawa l"l Sec-., 3,150 PARKVwP6Y. Ar,uy a " awr hat a trafi.-I.,c arP,l--y vvl",'hof 0 .11 -,1 Me o I- rl 0 P'P 0 rz 4- e �d, c t th ex, s' f a d 1 v, J. d,1,1-1, 9 t, r a. f f ii c: 'k-11 ILI, o ris o n e j - [i, o�l t.,tg h ra f I C 3- P a na f'o ��r I- J. d o r ut d .1, 5;1 a, s r d 'is desi S, e c 31, . 15 1 P E D E S TR I, ANI VVAY., A p u'b 11", c r il,g h t - o f- w a y, t h,.r., lo u gh a b I. o c k b �N w e e n 1. o t� s fo r p cvdl, e, s, t r i a n t a f f mr c wh 11 may, al,so, be uselci i-iXr s a utility easernent. Se c 3, 152 PERSCXsl Ari, i In d 1vi" (I tj,a 1, -,f"" i r M P, a .,r t n e r s P, c o rpoo -r, at 0 rl C,01 ITIj.":7, a ny, a, s s, o c..ia ti,', i., as s,l nee o r n , , c din Y r us t ee S , I , 'I aE r relp,resentative thereof. I -M S e c 3 PIAT. l7he map orl dirawi.ng or -I. wh'ich the s,t-ib— divide,r's, plari, o -IF" is, presented and wl-i,lcl-i he, submit,si for appi,,-ccvlal, I=, 3 RES"El"IVE .1. 0, S3"I'll IT A ri, (.xn a c', c s s r je s ex v�, ri p 1,aa c e d 'u, r,i d e, i, p u, c c OIC"""";, ir) t r o,1 c 1 ori s a p p r cl:), e rIj b y- t I-i r D J- r e c t,, o r ,nems' 1. o ri g r r f a r o pe:ir- t y I-i ri, e s, o f r, e v i�,d r f r o n't a g e o, t s, . 1 TI S 3 G The a ID e tvii e eiri p R I are r b c.), u nd 111, 1,. r"ie s fo .�r us e fas cia s t r e e, t, o r a s, ci ci ,r a,i r�i a g o, r u �,L, 1" 1- 1 t Y e a s e mr,.j, n t S e c 3,,o 1, `7 2 P,L,, 0 AD, IN A Yl a, T*h p c) r t, J,,-, ori, s, o f <-,i, s t re et r i g, h t - 'Wa Y 0 , f d ev e 1 op d f'o r v cz".41,i!, IC iCV 1-1, 1. a r t r a ff 1, fC, S e, c 3 - 18 0 I " , 1,411,ifE E R. "t ar y E r"i g I. n cefer SAr�,11TPPIN EIT 3 111 The San i of t h e S t, a ��t e D e p artim e n t of' 117--Ii,!:� a-I. t1r",i f o r -t Yi e, C o u ri y o f 1-fa w, ky a 11 c Io 18 1. S I D'Elo"I Al., K. A s ur f a ce (I w a-, I I wa y f oi- p e d e, st 1:,, *1 a n, Ir*. a f f 1 c ,S e c '3 w "I ,, 8 S TIlE ET T h., e ca n t, ii, r e w i d t h b e t w e e,,ri t h e bo"ui,idaic-ly 1 ines of ever-y publ J-c way pr,c)Y�uIp''i-L A I., c u s c ' d e d fb:r 1) 1, " f o:r,,� el'i,j, ct,.i 1 a r ar-i �cl p e d 1( s, t, r a i, t r a f f", 51L C, �31- nd, 't I-i e p 1. a c �e n-i rit of 31", 1 u t 1", 1.1" 1- J e p a, ri d nclud ng R o a cl B o t.-j,-le v,�,,,i �r d H a y Ir L a n. ci, P 1, a c e Av e,n,, u e (�,,i,,,n e Coit.tir- t:�, A]� 1 e y o i"sla r d e s gn, at - i"'n i 10 11 1, Q S e c 3,0, 18 STR-EETy BUSINESS OR INDUSRIA14, Aziy s, 1-1, r e Ie t '.1 �rlI'mary p r 1 , ''g p o v. d, r aicce, sis t, o b i i s,i ii, es s -or :L n d u, s t, r 21. a I o t s ,S e c 3.18 4 STREEI", COLLECTOR. Ariy street to t.artc-),,ri'"al i Po� e et system w"hiLch ist eat ine�,am"sI , of iir)-Ler- between, th.1,111-Si �qziystern a,nd smaller �,,areas,tl-, used", to s,orne ex,tent for throk"Ilgh traff Aie extet'it for acc(,:,-?,,s-c3, ic and, to son. to iabuttMrdperti.es* Se-, , c 3 1, 8, 5 STR, EEIT I-IAL'I A, p 0 1'. t icl) n o f t he vir �i*.,d th of a ,s t, r e e, t, u s ua .11, y a I. c) ISI" g V e, e d g e o, f a s u, b w'' i v I". S i 1"I W h e r r-1, t he, rc.-,� m,a.,,,L ni,, rig p ic) r t'.1., 0 f t I i e s t rece t �j�, s, t, o be p r, o v I � d,,cj,,d , ii n ar,,i o t r su b d j!., v a,,, s i,o n MI � e c ,Lce r� T111 M.AFI(", 114,AL A,(."O'CES::),S'. Se r,v,' c) a, �,,,-J A I I'll J"... ri, or, s, t r ee t, Y 41 a e n', cl a rd,wrn is le i -i t t o I@ r, -,i a i, it �l 1, a I # prc.)lv:i, (I'll, 1 rl�ig to ab,t�,,tt' 1 b ut p r o c tc, (:3, f r o m, rt"i g properl- t.ra'a`fJ`1C* I Se c 6, 3 it .18 `7 IS TR EET PA Pl NIOR, lo, A s t. r e let 1" n t c n, de c, el x cl, ��u sil vely for access to abut,t,j*--n,g prccprt,ly. Sec,01 3. 188 . ..... 1 "1,7 E "t -r, e, et p r o �v, 141 d 11 n, g, p a r y STREET PR. -I ��A A i-ty E r ac c e s s t ol 1 atri, r e t@ J. n le d i,. n p r, i,, v e ol wr�'ie r s h a., p Se -, c 31 83 9 0 f or, ss; t r ee it STRE E, T , L ILi 0 A T., le rs e v at J -o rOWE purpo,si,es, j.:dace,d L,Iler, I-, b'', trol "Ider ,,,)lu "Ll -C cor'l, "i 'I IS approved. by D rector, for extci,'is* 0 f' b t r �E, a lar-Nids tl),,at -mciy be stuibiciiv,, . d e d 1, 11 h le lf'to i, -1,,-,,,u rr Sec 3 - 190 SUB DI "V'I DE D L, Pd,,,4 D ',Drn, p r ov e or u n i p r I( v le id, n, d, o, r I a n, ( 3 s d `I, v i d d. in to t v�,�r o or mo r, o s pa,.r c Of- s s i t e s o r io it h le r ''"n 01, 1 S 1* 0 1`1 f I rIi d f lo,.r, th e p L,i -'r, p o s,,; e h e it hf,(7:� r ,2* m r'n e d 1. ai t e o r U, Ez?., o s a ea s, r le n, a t, r la i -i f e.r.., o 17"m. t3l. -t,l e to c e w.Na.r, e s, t 2. n, a n, y C . k orl a s u cl I ud ar fc el is a i -i d s a 11 e ,re-sublV.d....i,,v,.l.,si,o"ri, and 11' m. appz:,opi,.,,,1*a,te, to tYie cont(,,),Xt, sliall. r e auIt o t h� re pl r o co e- s s of' SUID id, IL r. cl', n, g o, f t li, e 1 . a n d Io r t ie:ir�, r t s, u b d, 111'. v i'' d", e d Easements for the purplose of' rioLid and liutl I m nw le's oN shal.']., rilot be com;--i-trued, as subdi'vidl,eld, land. S , ' e J 9 1 Sit-IT13 D IV I D E 11, . An, yl Io W, 11, 1 r, tt"l C 0, 1,1 C, 'r r�-01 p a f t Oi n er; 1 p S S 0 c 1, Ila t r u, c, ol r o Fi e r rl a n t -Ji., or c orm, b 1" il�i, a t, *1 o� n o f a ny It iii e r eo f vi 11i o r wivi c,, Yli c e s 1w ia,rld t o b e, ,d ai v 1* id,e, d i n, t, o a s u b d, 111", S "J" o n f o r 1"11' nn isc,.), I itself, or, 'for ot-1-1, J. IS fe c 111111 3,,,,,,1, 9 2 lar SURV E ��Y C A p e rs o r'i, d u,,Iy r, e g 1' s t e r I d a s a profes s 'Ilona 1 Icarid surveyor jin the State o,f Hilia,,it sI rr r 4 P E:'[,J Aii I A.La �C lia p t r b'�yr a s u b di v i'll' d, e r sl),,. -,a 1 l s -t at tl-i'e An y f:) e r so ri, rrnu o r c o r p or a t . 0 n p �v I., o la 6,L, ii n, g �lr . ji, VII to cornply, witl-,i the. p r o "i 6,a, r) n s 0 NN f, v J". s,,r. l -"I" j� s C Ill,"i, a p -t e:r 1""i a I I b c) p!7,h.,P.-.,,,cl by a f.","i.-ne not, exceed,]*.rig,.� fill.1ve dol,,Iars 5,0 0 0 J Tl') e c ori t,i,. n! u ,a n, c e o, f" ariy s u R c h v 10 �,]- a t i, o r.i ,a f t er co,rwa,cti,on shall be deemed a, nc,-Aw of,fensc-,)i for eacli,day of s, u,,( ; l'i c o n n u arri, c I Se, c 5 VAFi,I �iN,14CESZ, Ap pl.,I- c a t i,,., ori, fo. r i a n c, P,:-; . . ...... 0, P,�r v, s -r a v a, 1� ions, of' th,]-s �C lia p t r b'�yr a s u b di v i'll' d, e r sl),,. -,a 1 l s -t at tl-i'e f ac'r "t s r real Ji'' e,rJ,' u p a n, b t Yi,e p e ti,., a, 0 n e 2, All S u c h te:,� e t t "i, i.- o n h. a . . ........ 1,,. 1 'l) e f li I e d w, 'I'L t, li t, h e mi na r y pl a -t: c f t h su, b cl, i v I" s .1,� Ci) 1-1, G:T,,:wouri.ds f,orr g r c --i r),t,311L. 111 19, a vara,,ance slIall, be Ji.ri accor(Jarice v%ul-th thr.-.,� Cou.nty Chartcsr. I Sec-, 6 AP P E /%LS Ap,,r')ec@ils act 4 -1.101S of M� the Corrwrtifas,ion slialli be, to rydy Board of' App,r,,,;,�als in, acco,r,clancle vvitl-i,, tlie.., CCounty Char -Lel,,,, ARTI I C 1, E 2,,m Alci,rr i- in i s, t Iminer- i ra, t ' L � c, �, n SOC /T,-) l'), L I C A -B IL "I''T'l T h i' s a p t cm, r s h a,l. 1 b e a p p I i e d a, rid a d m i n, iLs t er le d w, ii t h, JLrit # o k of the "Tounty Gen.eral I., cll- i.s, a long ran ge c O"m pr ri �cs; v, e g eri e ra I p 1, a-ni p r e, p a r e d, c):Y,- l'), e,i,, g p r e p ar e d t o g u,li. ide, t h e o v e r Co u n t ��yer, s h all. co n the, Cou n ty o r su ic h lers,ser portlon t,erer"Nig, f as, GoLurity lniay adopt, to,gether i l lr�yi -tho,,se, s i've or Geil-eral fol., sectlo,ns o'f C lo Y, 11P), )-i 'J.c h rri, a ly r le ft e, r b at,:J, p 't e c"i a a m e n cl,,, rii e Is o c) r 1%, . p t:.t.,onsi of '"CourlAy Ger"icnr,a]., P],i.,@n,. III IS (a 2 PROCE,E),URE, 41 16 1 -;to c-ubc-i', iv i'de lwr)d oi.:,i des; iri.ncg�, 'to in,r a,,,, n,g A perso,,i'i, des,,.' on o t ent y s h, @,111 s u it p r�, P-,. - �,J ct i� It.) o f C o u ca.r e lxl, e r u r 1.5, i., n, a r "V n s d f a, d o m. e n t, s, for i.�ppr,ov'a,.]L i- s v 1 P1 Z�,�-i t M" Ila Y �t i, J.,ts, CY'iapter t - Stiate-a law. Nb u b, 'I be f ai. 1 e, d w,""11. t'Yi,,[ B,i,.j r e, I of' Ct,), n,,v eyai"i ce c LOIC20i ii, d Co i.,,i r 't u n, t 11 t h e, D I re c to r Slec I. 3 P R E L, p L A17 ec. 3.01 OF RiTORMATIOJ ,A su`h�dlirvlder ,ay call, at t,le P1.ar-ng g 0 a i-, fc f f �c e f or J o rnll a, t i or'i r Ic 1. 11111, 9 p 1"" 01 t ir e s r"i, d g e, a t1,-,ttw 1 , may, have 1171 ""f" .1 U, [121 (2,� on the proposed e c 3 * 0 2 SU B M ISS I 01�1 F Y SU B D r• V1 D "El Ri The st s iall prepa,TAS a, p,re i rna.r"),ary plat tolgether wlnprovernen-t plans and ot1-ie::r,, Ty,'later,ilal ,relut..vlrecl t,,o .11,ndni'cate ti-ile glener,a] p,rogram anci ob`*,E.,1cA_1*ves, of the pr,o`Ject, ai-id shall - submit s,ix (6) C,Opi.eis, o.,r requ(,,�,ss,t,elld by tY'le Director, of the p.re1,.i,,,.ria_nary pl.at and, otf'ier su p p I le m en t y, ma t e,31,11, a, t o th, e P1 at"), n, 14 r"i 9 D ep a,,.r tin, ci.�, ri. t ` s o f f I c E 4 All. pert.111.nent i,nflomatiorl On the pre1_.ii,nJ'_r,,iary p].,at ,cs,hall b le d, r a uwrri. t o s -c al.e M-lerel, the areica, to be.,contains oi the trz"i,.ct owned lo:r co,ntr,ol,led by flie siubd_i":%rider, Director *1 L may requ,jxe a o,f a -ti,�:�:ritat.ive 1�4yout fo.3r (sAriee�ts 1,r i, tluie u ri, s i.), b d i v i d le ld pil lo, rt 11. 0 r 11161 M oec 0,3 PI,,,,A,,r SIZE C or to �s J, L I il.l -i,, i, a, The prel.m al' ry p 11 a t s 1"i a b e d r a, vv,r, o:) c c o rcf,i r -i g I z -I awa iLL, j. s, t i p u 1 e d ri, S,(.,., c -t''2, on 5 0,2 19 Ila i P ev * s e, d St,atutes, or ori a s'hr--?e,t s,ize. c),f eJi-gl-j�,t ar-A one-1,talf (8 1/2) 1-n c h e s b y t 1' 1 rt e e ril 13 J I. s e cu, a, r e d a ri, 1, r,ri cl, e x s e e 1: o f t Y11, e, s arn,e, s iz e 7-. h a I I b e f 1- I e, d to, sliovr tl-ie en,tire or"i, w block ,ariA Lot riurnbr,,-,,�rs. S,ec,, 31 04 INTFORMA*17101,,�J T`,O BE F"URNISHED a ss f 0, "1", 1 o w -s A, GD,111ERAL '1NFCRL,M,A7,F'IO�N 1. P,rl(,,,,)P,osr2,,d ri,,,ame of -H,,ie su,'b,cJ1*,vj1.'.s1 "ion sha-,'11L not d I., W err of anoti"Ier , u" p 2.ca t e r, l'i o r r es e m b I lin U- ti C)-Fawal-2-* I t s hal I b,,(, s u b 3 e c t, 't 1c,") a p pr o v iz:i, 1, b y, t, lie DJ,. Ir EI), c., t, o r 3. Tax kce,y nurmbe,r or no,,imbe,rs ar.id otl-ier ill frb rMli.a, ti.,on to f f c -'IL, n tly d e sc r AL b e a n, d d ez� f ii e t h e, , 1 o, c a o n and, bouri,daries, of' tl-ie proposed, a c c o r d1l., ng to, the real property reclords of t1he States Tax OffiLce''.1 a-rlid adAdr,,es,,.ses of tlie owne.i., or" OWII,,?Imgr' RWM Emg,i,,°nec-,.,r or surveyor who, pre -pared the a t n. JX d:i, m re n s Io ri, n d a o f e,a c h I ot 60 ,A c rea g e o pr o po s d S,U, I b d i v *1 s, J- o n a nd,] ri,ii m b er o f 10 -t C3 TO A by a ld',.Cer"i,,se,�,. tit.11-e c o n"i,, "p a n y 1 n t h e n �ni im o f -1c. I E111 I o f -LY I a ri ('111, howir',ig C,111',.. paxt,:i,,(s,�s wli.oses, c,:o,risent is riecessa,,ry Yi a n(J, t, Yi (;,,b 1 r p:r%,ezTi,.i,ses wier,i IN mi,r,:i,,, e 'd b y tl'l e D i r° c t o r B. E X I STI!,%J G C (Xv! D,J T I"" 1,w Locat i0n,, W.Ijidth an,,r.l n&me:�,; of cl-31,11,1i". ex1.J._s,t2_ng or pla-t,,dr !,,�;,'tree'ts or, oter pVim b,"11.111"Ic walyp's or 'I a a c e n t., t,o t Y"i e tr a c, t t o g -L !��ie r W diL t 171 o tP r, 1: *1 g S - o f - vr%�, a y at"iX d o t 1-i er, *1 p o,.T'-' t z::j, �,ii t -to I.,i..'nes, an.d control of access, 11'.nes adjacent 20 When by th,e D.J'[i:,,ectcr,, c,on,towr4s at, vertlical 'J.wvals; of fiLve (5) e e is (.:jrc!ater than, te,r), (10) cet-it., El,cvatioi,.is s,-Yiall. b,( i�iiarked on SUC11"'I C01"ItOLUS, I -). a n es t ab 1, *1 s h, (--,s d b e n ® a ,,, k o:rr� �o t e r 1) a, e.,. d m c �Ir 4 a d d *1 t_.J_ on s, u c hi . c o ntc,), u, r,S a, s m a y �b, e, r e q u 1wre t,he County Deraw artmen.t of"," Water SUpply, Departuien't of Hea.1th, and, County Ru" blic VVm.:ks, Departai,e,rvt 3o, Th, e 1. o c. a t::i on and of au -1.1 water coursc,�s and approviii'mate lio_cata.cm.of areas, subject to 3 inundat:ion, Or storrri w,at.:N,r overfli(,m. '.2. 1111 �g U, SE, S 0 j. on 4,mEx. S t f p r o, �fxe r t y JL n c 1 ti,,i d n. ig 1, o c a t o f exlstii,ng st1r.`UC,,tL1r,es,, 3_$ & p r,1 vat,e sewage Sys 11"itl"11 ]Leso etc .I c e n t t 5,o, Z 1 o r n, g, c) , r i a II, C# PR(,,` OSED PLP,,uPl' OF L/'J%,ID Pl Ill c 1 �k ided -i, r iii, -i o -,,i s 1-i ,a I 1 1'.) e ir Tyn,cN, f',oll,Ovv.,,i,.n,,g, ir ,cl"., C, r rarlinary 1, Stl:,eets, locat.-I'Lon, width,s, prop,c),sed rMwS,, approximate radiii. or curv,czm� 11-1 0 of al] strieets to , p r, o (wmw ct en d VS, e r a,],,, P),_ a n o si t e t s s 0 ri e C wtll, ri, t y en D r c) e c �t ed. s,i,,,, P., c t t s s U;, g g s t e d b y 't li re, M, -,r e c t�o r to a s a d e q u a te 't :r zii ffji c., c,l r c u 1 a -tl*, 0 111 1 n, t 1"'i le a r, e r�), 2 1 ing r�, d ��p r o rp c) d C-'� s; s o, ts S 17) 0 levr I -IL ri, i_ r i er"i s, .i,. o n s rri, 1 n i,- i,'n u m, a pp r o x] rri ,ate cl r o p o s e I c-) t a bl o c k n, u ri,1 b f -i rt y, ai] .1located foi_ D EXTILANATOR-Y I,N"IFO.'-�tM,,A,0,1ION" Llde icil' o n, I i a,rid/o,r the rc,:?,lJ,,.fn*,rl *p P hown, act"cably on t1rie, reli rn t sli,,,all be :L 1 nia r y p p r el, m, J_ 'I'l, .r y P I a .ISI arm 1, A v3,..cl,nl*ty -map,, at a small sciale, si4c) "I w,i,,.l,." g ex,,:L,s ,,ri subd.."Lv1ded, ownerz,;'h..l,ps Eid,'Jacerit -to, the 'prllc),,,- PO,S(d SUbdiv "is iori, and show,lrl,�.'.; hviv ,r 0 S "(31 d si,tree_s, mayl be exteir'-icd to cor'i,,Uri ec,.A wltll',,,i, exi"'St'i'll"19 im A p 1-" Op (""") E)",,,J�, I ct 1, r-) rr, t 'TM i o, ro,,j, s 1,n 0 ("1 1, !; �f 2, J, d (e t 1.1 1*,,,,,, 111 0 e st.ibdi 5A 01 J."I 2. v 1 s ,3. The approxLnia-t., 1c')c-atiol"I W11 L th,)". a d p r o, p e,,.r.- t,y of i-iud 1,i-1 t h e a o i r -i -i,, n, g, s tr, e r ri eX J.s t.i- n g ecl d r a :j- n p a , p e,, set r o n w* (Z�".;, 0 1, rve p rc J. p c) s t,o be 1,.jsed on, t) ie, property to be, subdi'vJI-ded, arld irmert e1evat"I".10,11)S, of polil r-1 t s Of cxr,oposed connectionc,* M, E I r(,;,,,,!gai'-d.1",1.11g lVat,,er systai��,n �t,o be a.r,ic1udJ'.,1-1,g sOuT-,,ce,, qualilty and, quant)"Ay o,f w;,-ater. 5. Pruvisio�rr,�s fo.T.,,, sewa(,e rdisposal, drainage ai-od 71 yr.� r f o o d c o ri, t r o c a 1. - � o p(o, seldf 610 Parccals, of' 1,and proposed",to b,L d;e(JJi,(:-,ate,d, to 44" t,i C, I S 01 'i r.), . b, I "Ii c u S", C? lovd-i t h e c o nc],." t r, d ed I c a t, 1*0 11 r i -o a P, p c o, rn p.1 le -t, e d Su f f c n ti"I r e propo s 1 m p r o v, em e n t s, s, h, ,a 1, 1 b, e s, u b m, is o, tha t tii ey m a y be ch e c 1r, e d f o r c otT, i p 11 a n c e w. i tt,-,i o b ec t -it., v e s orf t, h e s, e, re,, g ul a 't ii. o, n s Stat e .a app].icable Coij-rity ordi.,riaricess, E a co 1-1, zippl,".1cat"on for a.,, b paymet,'it, o,f followlin,g Flifteer',i, dol-lars, ($1 5.00) plur M. .na ry thre,e dollars ($,,,3,.,f00) per Lot rvir):Aed or,�,,i i'rlit.ial- r e,,,]- 1 P1 a% t o r G,]. u s "t er P1, an D,ev,,r e I io, pm e ri a ri (1, f o r ea ic 1-1 a, d, Ii, ti 0 11, # y o ll:s s e t I'rl rlz) Y p 1" a t e c I - U I vely of c": "I or r o a,civ,( a y c:l f o,,r,, bl S e, or easei"Tri r, r'), pti r, p o s, e c) r c:"al-i Cl, C Ell C U 10 t", 0 Q1 b,( d, sha 11 ;-1, o ��t, ar, 'I, 't, o c 'i, -ii b ("i, f sc r I "I'll 0 1w I., v 1 Tli b o v e p i, Y 1 rjn cl. i i"i, "�t o b i,,.1 r a I o r r cz,�, n,,i a, to I r'l� .1 n S 0 f o, w3*1111". "t-d"h, ic,,,-) c o f d, 1, e st a b I sl -i er,-il, cem,c.),-Lery, ,areas provi"-ded, Yiolotevez-r, Or"iat, prio— arN "M w��I-ll b c f il c:,,� d a s fo 11, 011"'V, S Ori n,c,,,,I,r d ol la r s, $ 10 0 . 0 0 p,,( r a c r e, a'l-I ci p "11, r o -p o rt'l, o, r'i, a t fo r f r a cl t.' . 0 f 'a, yip e o, T E�, p a y m, e o F t I -i e f 1 "�ic,rr e Ilr b e d t roe an (JI,, p a y a b 1, e o ti -,i, D c -l-,o r o f t cn� n -t s o f f P 1. la,ri r) D p (c f e c S L .r,a ,F ii. ri a ric, e C Ill �t, Y 0 f VI 0, 1 c) n o, e br. See, 3.06 REVIEW fl 'i g, bm t t ed, 'b y th e s u b a yi, s a t (,"lT-,e I i v 5 f e ') c , u a, r', cil''.1 v, 11",c], e �r,' t i""i e DI'Lrector shall copy of fl-ile 1 3- o t he, IAC-, r��i C, g e,",r,.,, a,riic:]", su Eal t e a, s 'P, a d d the ig c rl IJ t. e. r cf I -.-',,n g.i",, i",i e e r a a:r,, � 11 i f 1., 3 c ca r�",i, t, t o a e D,,i"* s t,' rlill c t Eri, g::I, r"i e c.� I` V"ll"i e n, a b d,l V ".3- 8 "1"', 0 r) aci, a y C) Cl w, t r) y o,, gh vi p S t, e h I o S el, c 0 3,,vO7 11,7ENTATIVE Al,",,)PROVAL A th ii, ri f'o r y - f (4-5) days, ,,3 f ter subm �n, of 't' p,lat, D31'rector, sl-ial,l t"[ip p]lla[-1 p p", al of the, preliminal:'yY a i -i d M, Y 9 "1 v e.,,, te n, t, a t 1 V, C v 'l, f 1. e ci o r 'inay I ri-rt as sub°amatted or, a.,c; it', n, iry, I -,)e mod dll,s,approve the sai-uie arid slr'�i,all- lf:-:�llxpres,s 1. t s d :Lsa, p p r o v t a d 1L s r e a s ol �r 's -j -Ll-i e e f o r r"�i w A. n' c A p p r o a o f 't'l"�i e .3 pr 1 ri c -I '0 ca t, �r �t I -i e D," re c t,o r " s e 1, Lrrvi... r',ia r y p I a t, s h a 1.1 1, 1 to prepare imm .wu✓ id, v,),"J"", 1") 9's 0tl'ie plat 1p am n' co I i „ d pr ov J'- vz,--.,� i, s, r"i o c g t I m- o foil of rw e qirrri, i, r errt(s., n , A C' "Ll t h eb re-, 1 S, f u 1' 1 c 0 M j. a, ri-c; th:"L's C"I"ifinf,ptei:. Tlli,e action of w it", h irgany, cl r t 0 a tt a c ep d b y h, e a ti t o r ic vri"- n 9:s o p 1 a t as, s u, 'L tt e oci 3. n c g d a t.ill o r"i vmil "It 1, t I ,S ta t o f rwt autIriorl",zed', t.,i,nti'll app,,roved, foi,,- :rr,ecord at F la'ter 11 ids B. If rio cactd",on. (approval, 1! Tr 15 t"',aken. by 'the D:izect.o'rwithli'll Fr or def ei Fr al 01,f ' 5 ub i pl, a t, o r s ti ch 1 ong e r p e r , I'm o d a, s, nia y h a v e, be, e n agreed tj p o n j,,n w r iti,rilgj 1 1 n, ar y pla t s 1), a 11 b e d e em, ed", tl-i- e p re m m. D*rector apj,;)-roved, and, JA sl-iall- be tlie id'uty of tl'i.,L I., i ,P]�33 U Pol rdo r, ;a p o v pr al o f tf he p'.Tr e 1, lr. n j"'.r I a,i y "" S,ecM, 4. DESIGt��J- STANDAFIDS ANID OF SI -TRE) I V''I" 1. 0114 Ea: cl"i u b fd ' v i s i On, arild, the riiii@,p treogym' cc)nforto t h e f 'o 11 o, w *1 g s t zi nA, a r ci s 4- 0 1 P F1 Sec Su b d, I v ll S, 1 (1)11-1' s slr�l a 1 1, co '1" - If 0 r t.- c) tl'-re C o'i-i, r -i y eri e r a I P la n or') 11 , p ri, a , r y ai ri s II IE, (Jif C? lf") sli a 11 t,,@ Ic e n! t, s ( zi e r ar e 11 M " i", Eli I'll f S ti ILL V;.. f t o t h e t a n t J. Cl, p a, 0 "r b j,..,vj S, I 0'r��I s SY"I" ia 11 c 0, r r rca, q ii.li, i r le,r,-i "Ili, ,rc, o f I '' '4 , wt'liyr De pa r 'it, rt -i ( rict o f t ::)� it e 1, Co u 0 I) it.; bl. 1' c Wo ri', le,: s Sta Depla rtmer'�vt o of St, Z"I 1,:'r D(- p a ritrien' F ,a "i r'�rsp o, r, t,,r. 1,- 1,0 �tl' a Cou r"i ty D e p,a r, of Wab,��,,,.t. Supply requ"' a t, i.rcm(mts arild, t• he i ci s t a ii-ic. aa,ii ('.'J, 'E; r,.-, t'a sl ", b y th, e d j,�, Cl i, ap te r ,S,(,,, c 4, 0 2 CREXIFIC,I OF S"`I,,I'IEE,'T!S ill T , le C'2,"� (z"i 10 rl' C )f st�ireets sl"iall be, C(.:;'M'P1J w :L a ii c le J, -1, ifor Ell B I 1�i, e D 7-,, le c o i,,,, s 1 ap,-),ro'vi,e thile creati'Lot-i of ra �);treet r,o v 1", c 'I le d t "i a t III f tl f 01 Ic"'vi g co ii� d",, 1 1 ICI) 11 S e x A -1, T le ea st a b s rn e r 'i t o, the, st'-11reet is 'by t *1 ar--id s CoutAy C,ot.,j_nci I 's,sei,,t1a,,i. -or Iri oil p u,r p o s r o g e.�-)'i le r a tra.ffi"c 'c'lrculati o n ai n, (J), till rj '�q r� r t 't c� r") g if "Elf" ri"I' :L'I I c I mw dc t a I e f f le c it r a n 3 rs nm i-, v le cof le r t I'i a, it p r 1 "rrl'a r Ey b �� e c it I�i e s t �r ir e t �2 The tract i vl,11,11iilcl-i the strE-)'�emt, iiso -to ble 1s; owri-iel.�Sit�I'Ip of 0,1"Ji.m�' acre or, les,s.'i 3 T'Y'ile trza�ct 2"'n wI-i,1"cI't, the swiW 64 mp r. Pr 1".s tru b,e,� decilicated MMf s Ell ls p o f a, s,i z e is ,ate(. -,I, ovv;�ier h" r�li, d w. t h a I s, p e c i. Ei e x 1"' s n, g p y 'M, 1" c a c o n, t i- o n, wh, c h m alk C s 1 i inn p r a c t, 1" c a 1 it o cle v el o ' mc,)� r le t h a n it , hi, r lc,owi le 3, S e c 4.0 3 S, TR E E 11"I" S A . G ENETM AL locat'.11"ll.,' wildfli"i, and, gr,,ac.3',c:'mwW, of all sit:rl,,eetis s "all c(c')rI"f'orr.i'i, to tli)e Cotintly plari &i'licil 3 be, corisi'd',',,ered 1"T',i "t]"iei"r rel'at]"'o,i-i to exist"l; to P'll la""n'neld stirc(,"")Eits'' to co'l-lid:1 tl 0 1), s 'q ic conveni,ence, ct ly a n d e publ 1 a n d, 1 " MUM, t 11 � I",) "" I-, r , e o f 1 �:'a,ricl a p, p r lo, pl r e T,I,r,,,,,�� a j, n "i e, p r e d sw o be s e r,v e (,:J, b y c. iri S- ��L: le s h er c t i.lori j. s, r,i,c o s, ho vj ri -j'- n a Crou n t y G le n e r a P1a n wh e "Mr .,i#*1 ri n I�� re n i: j, e wr 0, S, It re, e It s n. a s u b IN "111L i 1C S3 h a J., 1 le rl P i,- r,),, v J. d e f o r t Yi e c o n o ri, o, r lo P, a p p i�ll r a e 1., 0 r) 0 1 p rc) it f le X, cz t n g p, rJ" nrvl n, 1 p al Is r e, e -It s rl .11 le H, s s, ar, r o un, d,, -1, o r 2, Co n f o,,T.,m, It, o a, p,l a n f o r le ne b or, 1-i, o c) d ��w, h 1 cl-1, Id, been approv ed, o:r, adolp j,. r r re d b y 1) e D, e, c ,t,( o e It, a 1p,�.) r t 1' c u a r E? 0 p o - IN, c Inc0 11,1 a 1 or otli e,T, SME d 1 0 11"1 !"'i m a 11,:e c l�,:) �,ri ta, n u a r i,,, c P, oir con,fo:rmance -to rz)x1M s1,t,,a.ng st,,,,reeL,s pr,act,,i,. Cal , WIDTHS B, MIIN11v1UTA RIG] iT`--0E-WAY MIM P NAVEMPo U rl I e s s o It 1ri, cm rw s le li n d("iE)'' t e d on -the Cot,uAly, Gerieral Plan, the of' sitreets l f"leet shra,,11. irliot-, be less, A t h lar), 't h le TTI *11`1 1,11 U Ili, s, s h vti r,"I IL r), t h 1 11.1�, Ll m of' Sit,reez,'t cl 0 If IN a ' P m e n Parkways, 3,00 2 41 I Ar t Ip e r.."11. a 1 s 120 rri, r y LO 24, db Secori,dary Arterials 60 r u .r, 1,,),@, n, 24, ru r 24 at,i], t u r le Su Is ] 1"I'd u s t r a 1 60 36, ur ba n, S tr e le Its 241 (r LI, r a 241 'a, C]1171 a)- cu It u 3.,,rene Co, 11It,It'l le, le, t,,, 60 24 ili r b ar 201, r rr u r 2 Of a lcy:r:� 1,c; ul,L,1.1, r lr mi ni, oj, St reet, s,,, IS It r, e It s 50 20 u a n,') rwi general 1, y r o 20i wa e, x c e, le cl.*L, n, g 3 0 0 e e t 20 a, g,,r,, c 1 ri, le n g Cul - d el I—- s cal d 50 20 ,a r -i, street) 20 (rur,a.1 20 0 i( a r, :L c ul t u 4 ,, Rla(,] I., uJIS f"or ri, arc),,i j, nm 5 35 ui111 C. 3 , 1, , "] 3 a g,, rr 1, Co,U,l Al I e, y 20 20 a r"i ,20,' 20 a g r,i cr. 9-15, 11, e n S, (-J,e,lt',/ a, I k s c u �r, b z r"i g'u, tl: e r S a r c r d p av f, me r,,i It s i n C 0 1. 1, E�` C, It 02."," s t r (,,-- et s l't"Oau l Ul "IILJ r�i, a j_- e a s s a b, Ji :L 3 6 f et, vvl de a ts in io� 3`7 i,"ii d p av, e 111 a, rl c:J cl e I� cl - e n �s It i" e e, "t', S i T1 b,r_,),n a'T" E` d_'�arm all b e t, Yi J_T 1 tvm (32) feet 1 l w"de. d .1, ct JI oi-i o, f tl".i e C(.. rirty &t I e t.i, -r.,i r ,C 'R E IS E �'lrl VE S, I P cc IM .l _ I'l 1 ml r 1, g h o f- w a y b y a ta r -,i g c.;� iil-i t $1 1 1, " l m c )', f " f "f" t,� (50) Y, # a -,I 1, �11 p S 0 t pl. ut g S c 0 t',i 'Lr 0 111- 1`1 g t], e R s e, r v e Is t:tm " J� , r st ree access tr,,) streets vivl"11,. ino,t be app,ro,ve(,,,.3 unless necessary t n o for Itl"te p:ill-,,..�tec ..o t p u b ]"'. 11 C f I lour e., ''a r o f s, u b s t n t i a l pm ,. err' e r t y, r i g 1-i. I It s o r 1) o t a ri,,cJ,, 1 1 1 no, casc� unless, tire cIia irtwo ll,o,ll zriA clmalty, spos.,al of th, e I a,,r-i d C 0 n, �1, p S i n g s, t�i C 1,71 S tr i p S 3- S p 1 Iac ecl, Nr e (J" rc,,�'f 1 1 L 1 2 T'i a. h 1")it ra.I kMn d .1, ct JI oi-i o, f tl".i e C(.. rirty &t I e t.i, -r.,i r onlioris t a p p.i"vd b tYi e rzcc ,o *- cc IM .l _ I'l 1 ml r 1, g h o f- w a y b y a ta r -,i g c.;� iil-i t $1 1 1, " A r,,:a c a t,, IN, . I .. I I I j, q i, , e l71 t lom 1. It h e x 1'' s r )' St r e e t s y, _0 b 0 n't,"I n Lia t:`i fo n sg o, f t h c in,, It e r 1, ih', n, lea re of f Tl��.ve t a g 9 iz, r Jl_ n g 0 If s tr e ets m a )(J',_rl",g W IBX 1I It se c ti o' t"i s s ha 1.1, b e: �)t rs o u. de s a., gneld,, and, ad'*usted, with ci.i,�-rvesf I. za c_) 0 n a, S and d' th,a t o g s a r, e��, t 1 e, I sf It, h a on P,.,, n id r e d f i f"�ty ,15 0 f eet m e a s u r ed a I o ir�Ii g e c erl It e r 1, 1 n e of t lIi e t1h, r o lu g1l, sit r e e I f 1 1 S. r 0 Y p 0 s s, i b I e o 1.), 1 al, t h I s It r, et s, o If v I ISI 10 1,11 V11, IS 't it'l-I , o a ne w, s, ub, de x 1. s g T a Id s o f a n, ad a c n, 'h,o r It e -v aryl; M fe by, It r a, c s jogs T."iay' J, d,"'l 3, e,s, ta b 1. 5., 1S.''l-il, ), cl r e v e r s e, C'Ll 1",", V S 'i r'l t h, e i,,oad al.ig'nrivent vov,,i'thd n a 'b 10', c "k, u. SLI C 1-1 s Is h a 1, 1 be s, "'.J a r, a t d f'r o nn, Og ln , , (,"� ar" t he. e x li s, t' T md IM .l _ I'l 1 ml r 1, g h o f- w a y b y a ta r -,i g c.;� iil-i t $1 1 1, " l m c )', f " f "f" t,� (50) Y, I= f e et a,mu o,il i g -to tf'ie "b e g.","i.il g lo r e i�i d o, f :r,1'1,7v Al ou,(:), 1"")i (Z`A`U v e rs lc,� c uli.-1 v e, s, la,,r�, i. -i o t o b e c ."i" o e I'll 1, 0 sl- d t1 a I a w tl-tey sl-va,] 1 be av o cl, ed- il.. ri CIOMTTIC�141CIJIBI ir"idustr,,D'd 01 1 g 1-i -t- 0 f 'Oft E.) 1-TURE EX,TE1%,1,SIlD OF � � „� � a x w� AIt.) W h(-,�re nle,cessary to give a ,cess M or perrni��t a, t ljo ,sa, futtixe 0 ow� C', s,,"I",,'Vl"I'll,�.',!",,,,, 1111 if adjolm.ng vland, streilets sl-iadl be, boundary o,f thcl, ub,3, i ar-iti L[�,ie result�,'),g de, d - e n d, st r le e t,,ss, Y 0 1 10 be approved oi 1111, ltl-,io t vt a R el s "I', v, rl-,S t ri p S, a n d s 1,-lr e le t pl. u g s m a y b e r le qt,,i i r, d o p re se r %,r e t 1'i le c t ilv le s o, f stre.e., t le xte n, si F. I tl,ll T`EFI, S, EC T 101%,1 ANG L E S 'be la.-i"A oted it to e,),n,lg1,es o r 1. c a g e s as p r,,[ c t 1 c c,:- e x,c e p t w e r as n ea il. C t gl,^i a s o f tw, el n ty v e 11, r"I'll Epll- -ie acute 25 f el e t -a ll n, th e, ri g1'ft—o,f -,vta y l s lo, f L a, vl e a c o rlri, e r r, ad, .1 u's Of no,t less than twenty (20) f elet i.jr,"ot-isual. topog',T.,ap'h,'I"",,ca,.],,,, corld'.1"Al",0111"I's exils"t t h, at w. i 1 1,, sigfl-it d,iil,ances, andi, create a traffaLC Eng.i.neer may specil., fly zi larger heizardl th,,e Ch,11-ol A G. EXISTING S''ITI-1-HETS aldjacf.�,-�nt 'to wiLthi'l a rrV tract are of ll i, -i, -a--d e C'[L i t �wt 1 g 1-i -t- 0 f 'Oft 1, 111 s i. o n 1-MIEF STRE" TO Nalf s'f,,'-xe,ets I be de.opei,,.J vd-ie.'re to t.1,,,ie reasonab],e d1c., xfient of a sub - el di-va",,sic,m], ,i ri, C, r 41f(e-:�rrnr,,,)nce.I othe,r r rl i-r,e c tor P, r 0 1-,[ f It 1) Ji- S C YI, Ia It �r r w he, ti,'�i D W M "ji 2.1 1 1-1j,g P 8:r'- Ce I S 711 0 s, 11. b e d e,v e 1 o, p e d a n rd 1, `h ,a t ci, rz�, d, i c a �t, 2111 0 1 1"" It he o t'] -i e r be ,ac.,,le a(,,',j A ,r :. r 0 ljt 0 si u b , c"I", 1, v J" c J - re cd, VV 1i e n e v cz,,� r a, I -,,i a 1, ��f s t r e, e t :L, s a, ce n C V -ftaci,. tQc) be tcl ot:Tr,.;, 'half of„mow,h street, -; slial.l, b�p] attc-;�d w,Ji-t1,i1r,f such, -Lract# Reserve SA,r`-*L,PS anid 'P1L1g,S r,"Iri,a4,,yr I)e -requi,red to pi.,-,esiervry VC,5 s - r ert. "t s th e o be c �t, .1 �%re s of I Mul,'L-I)E-SACS ad-,e',iid sit`rc,e,ts' A, ci.,d- de-siac be ,a sl-iort as poss:111.1),le and (600) feet 11) 51"I'all nc, t, be .'nore tha,ii si,x, lengti-i, nor �seii,,.,,,,ve if"iro'i-e thar-,,i i g 17111 t, e e rt 11 1 o t s p r o, vi P 1 0 S, cz! xl. D.i"', r ei c t o r, whe n. U r-11.1 S U 1, 1 t-,” o p og-,-r a pi-il C 1 �c 0 ri-d it All cul-de-sacs, shall ternriii-icait,,e 10i.i.th a c1i-,r-ci,,.J.,1ar r f :1 tu I!, 3 C-, o �,u d, o f f ozr-t y, v, e (4 5, f ee, t r a,; ci"J. u s le x c e P mm mr t�iis type of tur,t,'i,-around, ,Tnc,,,cts t1ne, re1q,,.iireinei"i,ts� Iccf 171 e S i 't U,@t IN' 10 11`1 J STREET N,E NMES No street na,,,ines IsYiall be used may dt.,,iplica,te 'be confus,ed vv"J.Ith tYie= r-iames 0' t in o r urr'il, a y -f e x i,,. streets ,@ 0 t 10 ., o n ro v I. (,J e d e a,( , Yi n �,,JJ*-v, 1"L (�i t r,,,,.i,,,c tl-i a I,-, 0'r S 1 1, rrpf a i� a r,r"i e rj, y b e u s e cl t,C,,) r,.) a m IAIx t(,.�,n s .1.0 1�-1 S ro f e s,t-.in�,:3 CA s tree t c; S t re e e s, sl - i a I I Col".)�ifoir-I'll, to ti-ii.e, ce e d �s, e ve,i'-�t, P a-t'-Iterri, 1"n, i he (,',("),Unt,y a,nd sl-iall b,(z�, sti,,b"ect to the apj.-)rval, of tliie, Cornml*s�siorl n d a d P o r,,t o f a m. e, b y 't ljj,wI,j -I CY""),t j,,",C11, 1 1 all K uM, GRADES AlsM C1,I'l )t VE S, Gradles of al.]. street,z) 11 be a bu-L ,i.,n no case be le,,..,�;D Yia ii '�'o r�),, e - I a 3, -f o, w. orw 0, 5 p e r ce,,rot t a, i, -,i d, h, a 11 ot r X ce e d �s, e ve,i'-�t, 7 ,w» e., r c. le t o "Irl art a o r a :r t e r a I ��s t per eeri,t, s e lcor%i cl- rwy t r e r a s te, n 0 p er c t ot') c o e c o, r zso t r e, e ts 500 f`e e t Clol,.!ltor ESti,-eet 500 feet 5,010 f e e t o� r tvr le I v e 12 p e, r c (s), n relic. 'We n, a rr"oyr o -t 1-i e str, e e g3.-ade shall be less tl iiaj"i, one-l-,ta-lf of o.n,e (0 .5), per c et -i t a t 't gu ��t t, e r. Vel:,Et.,�icral curves ta n c f:),,e, so de(,3ag,ned as to c ive i i on, p c S S 1 "l -"I g d, 1 s w n g m 1 r"'i-i im, L,i-mt Jri� con,,formance ollo y L 1, r e qu J r at,, -i, i, e 1, "Ve r -t J* c al Ylo r z" (01, 1 a -A al (Ee ('M j,,,o, n Cl S S,I.ff i " at - I Dr,ve . C 1.1, rve, RrvTtary Ar-,Ler,3' 5 0 0 f e -t 5,00 f e e t Se,cond,ary '5, 0 0 f e,cza,, t 5DO fe e t, B,t,.i,,-s.l",nes,s or St. '-5,00 f le t 500 f`e e t Clol,.!ltor ESti,-eet 500 feet 5,010 f e e t 4k ,minor, Street .300 f ee, t 300 f eet Cu I - (1, e - sac IGO f eet 200 f (a e t w. Variia,ti,on,s from tl-ie,.,SPc:l, grades- oll,-, cui,-,vci�,s 11 rrl, E31, Y f d 1 halvv(,72vver, be.: plerriI,*tt(sz,%,d by L tl f� D i r e� c 1, o r a n, d t, h, e C h,311 ef gw Id �. e r w h e r e a d v J"'L. E31 a b I le o m e-� ( :-;),,t 't o p o g r 1, pl-1 l Cl,, 11-ra Ci to W 0 171 d 1, 10 r S a "L f E n gwarn, e e aia y p c-,? C, f y add]". t:'i-o,�inial. s,t,a�ll-r�ida,l,,�Eds a(,.,cordingly. I=, r, V., e r o "HER -0 1 6") .0 ad L MAR ADESS &IFt""') 1, e x]III s t J., ri 9 Clic p ,r W" o s e d r t,(.�,hr a t t h e o, r n. (a f t u. rn ay r,(:?(q,,, t,, -i i r 'ri a I acce s s street, s, revers,:., 1 .1 e 1 o t S, vivid",, t h S', -i b, e (-."I E� P, 't I'll s c r ee n, p la r,-,ir"'i-irg,' c o r,vt a 1 i,'-ved "w' ir"i,or',i-access x",eserlvc recax:� property I-ine,, or a s y b n, ece s, ry 'P ox -1 i),ci e i, a pr o t t":? ICY 0 f, "Ir, S I d ejr-i t, rop e r i, e s, n m ALL EY S ava y.4au r rit vv, (I t h o f tw e n, -ty 2 0 ,. f e e t i n c �r c .',L a I. a n, cl. .i, n lst a 1- d s t r I e s a id# eqt.iat for accless to, cff-s,�lll:xeiet p a:r, k i ri g a d odi irig _. zxJfr c i I i't les approved by, th,e Di.rccto,,r- ha�lv!le been p 2- o v, -.`,I,' d e c,.J A 1,-01 s tr e e 'j," a lr,,,i,c,i C3 11 e y ac N PRIVA",1111-H. No streets, all 111.1 ey,Ei- o�r wi.,,:1.f-y's s-,h,allj. be approcived ur"dess ti -ley aire improvrd as spe-cJ.,f,-`i,,e,d ttr,,Vder R. E" I R ED S e ic, 4 * 04, BLOCKS A j] k ICU, RI L Tlrie 11engt1l,,i. wioidths- ar'id, F�h,,aqcies of blj,ocks sh k,3, ]-1 I b e de s 1 (0) 11 (2'? (If wil th re: ga �r, d ltio, p ro v,,,:L d n ig &ci e a e bu 1"I(I c w. safety cf," street traff* r Ici anci lip o ;`hear t h of f, j mm, D-:x,1,ocks sYiallr-,,iot clxceeci two (2) tie:r-'s of lots k 1 n vj I d, t Yi r',,i d 1,-J'i,1,rrteen h,L,,ind,red (.1,300) feet 11-1, 11 C.", 117),cli, torr,.1,11 e �h, &.r te r 1, S-A r e t, s, o r u es s xc P, t b 1. o c 14:,-c a a c e n t c o' a tl�i e p r ev i OLI S adjacc,-,�rtt T t, !o p o g r ap "I 'C', ), n a I t lo, a r t ex,"" al st re e; t s, ],:,-),e pr1ov.,.*Ld,,r-,-,.,d ad,"; ,j ac e,,,r"i t o f to, redLIc.e tfr-�[e ir'o,--in"iber S c t� J. o n s, Tl-i,e, r�eco�r,u,,,,(,iim.e,i,' °ied c-, # n a..,, ar "n,irn L w e er-�i, 1, -t er s e ct .0 ri, s �c) III 12. a Loi i g e strec:P-ts ii,"s e.-,tc,',en (1,800) b1c),clo,,s sha-11 be 1�uvl e r -,i p, o s 1155, `1. (2, oil J a a I bl (,,,-c,k s IJ r e, I r-ig tl-i f 0 1 1 rfj, A t T d e s 1' ed 1. e (800 un e .i,. tO t 1-1011 sa n �r.,J, 1 000) 1,10, 0 11 E-0 fi,.4 e e ri �t'he a y, o i, -i t»grim U c t h a t s evrers v,,r . b e A, r e ri, st zi, I I e d or s e rn en C)"111111" f u, t c p r o v 1 d c,-, d, a 1 ori,cg, e�-:i r 1 o t 1 d. n t1 -),e bl o, c., Ilk S,1 0 U 1 d n o t I exceed eiglri,t, (800) f,,"",eet iri leriat'hi. EASEPAENTS 'Na t u ra 1, Viil at e r e s 'Where SUbd" E" M ij-v t r a,,, v er s r,:,d b y a ri a bi r a]., 1A,!, a tel, c 0 1.117 IS dra i riza. g e vva p 1" 0 v 11, d e d y , c 1i a ri ri e 1 o r s t r ea m h e n:.� s h, al],,, e j, le eai s er-ri e r -i t o, 9 e r g h't, - o f y *1 g � t. 'IS Of SLICIrl, co,nf'orryu-ng SUbstr, n't-la-1,J].y vr"I" 1,: he i d t Yi a s v "11, b -f'u r tf--!ier w 1 w a t r rw CO3 U r c a r) rJ,, �,nt-.i c Streets o,r p,N,iy,`kv ay,�-); P, aro4 wrm 11 e 1, t, o' wa,t e r c o'u-rs-, e s, WA rT,,,) y, c r e q -u ji, ri c! d W ay � py py t a-i��M� r r� I WV , ri�l In arvy 1� " t Y' - -i ntYi,c Director may I= reqtnre c e a, p s r a t :,"n -i o w a y h d d 1. e o�"F k �t 'bt' 0 C' upon ual.,,, cond t, r e q, app r ov i ate stnr:%et,,, I O 3 0 01 e t tvvo 2 -p e d e st:r, :L a n vv a Nyr s ty"i, �@i y f o r p u b]. �i c ws,,,e airi�(J sh,all have a WiCit,11 Of' S ec', 4 0 5, L o, Or A . S I Z E Ali,,I D S 1-11T,''E TY.ie lot Size, pe L',),nd, or,lentati"on, and e 1, u 1, :1 J- n g s e t b, c k i1 J. n, ou s s �ni at 1 1) e a, p p r o p e- isJ. t C, Ie Of""' the -the type of de;vel,opment at, -"id., tjses cor-i,ten,'i, p 1 a 't, e c, -I a n C1, i n c o n, f'o, r t"'n, art c e IvIlit1i, thc�,. prov,151'0'171S, Of C h, �.ar rxt e r Z o *1 rig, C od, B. MJ,,'NI,M,'LJ'PA, 1,011' S,)IZES TI"i'e" MJ,,,-r',n-.m,'ui'n sj,,.z,es types of ]Lots de I shall., be acirslquate t,o proliv,"IL (Zon." r,ig Co d e a for off-st,r(-,iet s,erv:L"ce and,, parking f ac 1"' 11 t J,.. e s r e q u,'I r e d ID y tfi,e type Of LISP.. i-,ind dewd,oprn,rnt s,ewer, 10t sizes, for sewage d,'J-Sp'0,s,a.I., systiems shi'avll totl-,'ie requ," S-ta t e lie a 1. ti`i, 1) e, pa r encL a, n, cl s)"-,il a,1111 t a k e "I'L ri- t o ic o in, s ry d e r a -(,,, 10,111, p r o b 1, e s o w, a t e r s p p ly a,,,t-i d ic iovag d is, p o s a, 1 C ACCESS, Each and every lot all abt,irt, upon ,a p u b 11", c s tr eet o r app r ov i ate stnr:%et,,, N c,) I o't �3 mm e'yu a cI e s, s lio ri s I r le cS, -j 1 111. )e pl '0 ly in d 1 0 s of' 1 o t s D Im, t r "i a c a tc'� t .,,d le or sl dlc w'h,,,J',,,cYi ldr,--Lvevt� ly, ia�c-cress "r1r) Ued or f r o iu,,i � ca-- 1 bc!kI p ( r 1 LOT SIDE L"ITITE..''CIV t o t ree,,t, s p o n v6 1� h, J1111 c 11 t h re lo It s f a c ef lo, r ol ri� c,urverd streets L,,Ihry be, rallal to 'tl"ie cuxvc,,�,, s, f - 1-f", W , E; p ir- a�" 'Nfru�W" 'Ii- Ic I L0TS A 1, o It 'h, a vi" g ro n ag e lo, n It vv o p a r a o r 1w, uwggNpIwew.har�),, a e y amm r o x i,,rn, ,;W p a r a le Is, t r e s o 0 r and access bei,ng dei:,-,�Ived frc,�ea"Aher o -F fl-ile two strlp(:,�ts sall be avded exceept, wlnen,�wzl �to 'pro'1,13l(':N sc�para-tf,]*- C) 11 A 0, f deve-]-,o,mnent frarn n,,-1a,3,or arl-.( riles, lik c o ra-,,i e s pe c .1 f 1 c d 1 s a cl, v a ri, a Is lo f o p c, g r a p y o r t t icm s c rr-i en,,t 6 r,,i It o f a el a, s t t e in 10 f ee t c r,o s s w h,J., c h t'hi- er le fs 1.1 b o r 311. lg, 1-i o a cc e s, qu 3. r E. 1 .May- be re ad le'a-' ong lot 1, nies abu-tt-,mg sucl"i ci .tria'Iff.'i-c artc,.cry o,r other 'use,. A t1`1r0,L1g1"`1 10t Wl,,tl i, platita,,ng screc,,�Iriis shal.1.11 haive a r *1 n 3 ('h pt'Yi. olf"' or"ie twelr-fty-faive In, caverlcaq,,,-� de I'll 2 5 le SUITABLE FlDll. D%,JTEN'D'ED USE Ali 1,c)ts sYta,"I.A. a ,v:Ltab1e- for, purposes f'(.,)r -nd- no cJa,r-1,qe,:1r,was w,hI1.c),I'i, they arc;), io r,""it, i n s u c 1'�,i cl, ai r e,a s s tj b E? Ct t ., 0 p 17 "1.oin o'f It 1 i e m a i"I er a s "LO tl"Ie Ia-,1-tYi or safet,�,"Y % IG .2, 1"n, a p a n t tYri, e le o f a ly S1 lb d, d" ("�,d , for a' p u r p lo c.; le s, '01"i Sie c 4 . 06 LA RG E i, o "r SU B- E -D I V I,,kE3,' I n st j,, b d, i d,,,I,r i cj Iry a c t s, 1 t -,i -t o i:I�,g le o t s vo�, h, 1,,c h,, s ot-n e, f IIJ t U 317, C? r, e c t o :r, rn a y rec.1 'i rc b ra r e s i v (.3,rl? Ic, 11 t It F� u, i� I,("', I hi, a -t It h b 1, o c lic..,rs sl',),,al 1 b e o f S 1, z e ,a i -i, (I s, h a p lc��, 'b e s,o d .1 v Irc-�, d d a, c h b i,,i 111 c.3, i, r'',I,g :�3,, .1L - [" le, r e t r c �'t �,-Pn, Is zi s, w 1. I c 0 f"I r�'), S u I n, t,o� 110 t s n 1 on a, cl 1 ig 0 f S,t r, le le"t s a t r i t le r v a .1 s P TO v 1 id, e f or e xt e r -i s "I t o p le n, * r, i 'All '1 0 (3 1, whii.c.ln, vvil I i nto p e, r m I* t a dl-)111S.110!o f Liny p�rcel p 101, t 0, If r S 1 z Sec. 4. 07 BIJILDTN�11'1�."j' LINES 9 W, tl-,i I f Ila b,u ild 1.,), a c.k, I i- n s, a It v, I -i,,, at'i c le # a b] ii s I p d r1i ap t, e e s p :ro v i,, s; i ons of rr Zo, n 1 r"i g C o (de ,a, :r,� e uYwnwi,,, sz I � k )", b d, tl-�i ( 2,,, y sli a 1, 1. e s], "Im, j, -i, lo n It 1,�i e s u b d j- vis o n, j-. %r .1 s.1 o ri, p la, t o r c 11-, u d e d, ii�w n "Mw l, -,i e d e e c, r e s t vA uuw c; t i,. o ris S,e cY 4. 0,(3, w MONLIPA, 'EP I I ac le d W In "i e t s a p p io,� o v d b y t h le e f En, g 1 n et:,, r s, h a 111- b le aa,,nd pxioperly, the St;:ite sur vey tIT�1''1,lall�,,�,��11,,.I''I,,"l�itio,,I�I c3 It at *101,11. S, a t a 11 ri, 9�� .1 le po r� s c) r p o "in tss o f c u 'tN a J 37 le :1, n s tir�, e, -,L-,, s I n, id a t s u, cl i intc-,,,rme.,d:*La,te, lc',�ts 'be 1-11 red, by Clu*ef Erilgi-r-ileer,. All lot and bloickkl con"iers be proper.l.ly, e,st,ab,111111,shed ar�-Ild witi-i, i.ncl'i, rou, d n ga,]'.1wrLc-,ir-,i,:,Lz�rr�,,,),(,,, p,i,p,e o,r equal ar" p(x-yman ntly s,,t E? 03 1, 11"), rt t 1-,i, e g, r o L,'i, n I 14. 0 9 10CATION OF' UTILIT , , IES A, GE NE I AL li#i genlm,icyral, a.1 I u -t usr l. i t JL S, I-), a.1A b e, J. o c a t le (I vv! 1 ", 1:0, M 0 In the street widtli,,, anc, vt owned wa,t(:N�Ix AM41 1''i al 1 b le "I p,aved P.,.xcep)t w a te, u"i a I'll S 0, f y u bt,i b a r - i, vvc,,�:a t s, y:s,t i,1;1 m y 1) locc-Ited, as a,17(,�,,,la betweeri, the ecl,ge I ER tyl,e C1,-Iiief 1Eri,g1r,.,i(ae:r aindariager. Wl,��,i e, r, e p ra c t ]*.,cl b]. le C!, S SMIEPTC.T.11 n1la"ll,a, arm ocatd i, t)""ie P,,,%,re,d area ,b , I b et vr e erli c u r b s 01 B , W,11,"'HIN STATEH ol I %I f 1,�i, e t,j -t t i Ee s pavcnm.en�t and c,.,�, locat,,101,1, 01 Ut y, t, t ( �Di, lid t lio c r o s s tEl'i e - q, N C 11..i,,A1A..,.es may k-:�,lle perm a , e c, ��f t h, e h.1�11-11 i,ria t.. o, -1:: Yie c o-,, n tl 1 r —d C O� t U T, -i, id, le r r ca -,i Ed, 101TS, 't, h le u t, 1., 111. t, y 'm a y b e, p e rm"L c , il.11 r I I t, o d le v i,,a t e fr o 1--ly and t) i,e ri,,ormicaal iirje exceed, Ear,igle b,(-.�Etweei-i 'O", -ie ut1l.11", f 0, r, Ly f", v car (4-5, degree- s C, L 0,C A TI 0144 W I T H IT I R.IE,J '17 1 NET— I A C T ICAL If' "in th-e, opIni-C)AI Of th,le Dire�,c-[,,or, tlri,e.., Chief Engi.neer and tli,e- �nn;,Ost ,,s.,uJ,'EAab1.1e ai,,i,,d reasion- ",i, y o -vt �,t --i a b 1,, J. o c iial t, 1,30 c),, n fo,,ir.- a,,,,r, f t, h elE 1 1 i- es s, u,c I Z) ss', (,.�,w e, r s s c) 1.7 d ,� , 1", r"I S c",:), t,e,7.,,,r a�rid gas, p,i-pes,,,, e,]ten, e,ctr'l.,Cl and t,(11(aphone plol� and-,cor�,iduuits,, are th 1 v,i ori 'to be reqt-iirr-,�,,d wit!"'iiri a Sul:1,(J'' s,, C I 0 for the serv.11.cle or for of' areas I qu, I iji-I Orie clo not 1.1"'A"': IA - street-, wic,11,1-1,, may Im" 3 Er S pr,r)perty e,",,i le e. ra c t I ica b] e a, m i., ri-i. m urri c:,,1, s tar -i is 1L e Et s 1"i, al 1 b e ^" n d b le -tw e -t 1-i, le le,ld g le ol I %I f 1,�i, e t,j -t t i Ee s pavcnm.en�t and c,.,�, locat,,101,1, 01 Ut y, t, t ( �Di, lid t lio c r o s s tEl'i e - q, N C 11..i,,A1A..,.es may k-:�,lle perm a , e c, ��f t h, e h.1�11-11 i,ria t.. o, -1:: Yie c o-,, n tl 1 r —d C O� t U T, -i, id, le r r ca -,i Ed, 101TS, 't, h le u t, 1., 111. t, y 'm a y b e, p e rm"L c , il.11 r I I t, o d le v i,,a t e fr o 1--ly and t) i,e ri,,ormicaal iirje exceed, Ear,igle b,(-.�Etweei-i 'O", -ie ut1l.11", f 0, r, Ly f", v car (4-5, degree- s C, L 0,C A TI 0144 W I T H IT I R.IE,J '17 1 NET— I A C T ICAL If' "in th-e, opIni-C)AI Of th,le Dire�,c-[,,or, tlri,e.., Chief Engi.neer and tli,e- �nn;,Ost ,,s.,uJ,'EAab1.1e ai,,i,,d reasion- ",i, y o -vt �,t --i a b 1,, J. o c iial t, 1,30 c),, n fo,,ir.- a,,,,r, f t, h elE 1 1 i- es s, u,c I Z) ss', (,.�,w e, r s s c) 1.7 d ,� , 1", r"I S c",:), t,e,7.,,,r a�rid gas, p,i-pes,,,, e,]ten, e,ctr'l.,Cl and t,(11(aphone plol� and-,cor�,iduuits,, are th 1 v,i ori 'to be reqt-iirr-,�,,d wit!"'iiri a Sul:1,(J'' s,, C I 0 for the serv.11.cle or for of' areas I qu, I iji-I Orie clo not 1.1"'A"': IA - street-, wic,11,1-1,, may Im" zo c 11 fa "'Y %d Yi VN wv :"L, V;, O"r) S 'tEo�o rn a d e f (, "r 1-i I o, a t ,,i o n c ,i 0 # 01 s o n r C) u t e s e 1 s 0 '1: le r le vvi., t h -,-11- n sai . d, s t re, t wl" cii: 1-i Tl -i, e su b L v 5-1; 1.1., d Ir, sq.g r�I, a, t t r, e, (-,;, u 1, r e d rn a r e, a-,,, o r a r, e a f c) r a, 1 1, S,, I i c In, I, - j,", t, ,1," 1, 1 t, Y �1, o c a tL i o n s ou t s: d e o f t 1-,i I s r le, let voi 1. dt h a s, 1i,a1 r» 11 f o i:, th,ra sa',,vnive C'ni'l 2.. v le r p r,�,,o p o�::, r, le- a, 1r,"i ill r',iri, T" D 0, E A PA El T T S, t c , semeri,,,ts or . ..... ,, of*1,)%vay "ro,'r sioj e r Is s ri Ea x S yN�rs z"i in, rj �vmviiater, brz,, f"Ji-fteen 11un 5), fcet 1,� ury irl'th" canci, cenA,c_r1(r:i On :r:ea r o i-,, s,idle I o t n, e s, x cC 'i,,. e - b iia, ck P t f 0,3:,� g u Y - Ii., 't J eas,�,-,m:-nent,,s;, vihi"ch shlall, br,�? (3) fec:!�t wiLde 'by twej"Alv, ('20) feiet 2.o, Ir t c h a �ri ;na g, e, o, 1-0119 2, O'L, I _i., n lr,�? s a o' le a �s e me T-tt s (-,�x IC ("z t In t'MVV l, J." s vi d, t 1'i, ri,�i a y b e 1,T]o d I., f i, ;-,rr.n„-J t e Ch 16”. e f E n g,,ii', n ee r o r M` ,r Ciounty Departi,"i'len"t of P h c h, e v le r Y -1, s al, P p", 0, Pr ate, fiia llJs) ot_h,--.iA �.a, grez-rt:,er, lesser, yr r, t, h ii,,si, n, e c le s s a:r- y, o r f�, z.7� f ac, t o,r y f o r t, 1",i e PL1,17"'p 0 S o f the� u, s le of t h c;i Ea, s "pmt rn, e i-il 't.,,,s o r ri 1-1, -L's - Of— W lay rn o r a g o ven, m c,, r�'i, t o vl� t'i,, e (J ut 11, t i e, s '.'Lti, c I t i, d 1" ng s), to r m dr,ains except thoslc� u,r'i,,d,e,,.-,r the, of tllie Cou,nty, Departr,nent of Vtj',',er 13aipply sliall.1 be clorad vIr c-,yc�rd 1"i o f H av,.r a, - , lc,! n, t s s "h a 11 L:), le t lo, t e, COLI 1`1 ��t Y� ii ai-ii d d o c tt,ixl 1 v e ri, d to -t h, e C o u n y Cion" c. .. o,:rr a c c e p ,p n c Ele- --"r facilAt" pis,emerr'L,,s ri'lghts,--of -,way fcnz wt c-!,,,v1e mci, e r th e u ra.d j D e pa r ��t,rn, e, 'r, t, 0 f "llat le r Si,,i p J,,:-) I y n. d t �ri d o,c e "I"i s h Ila 11m be mi Fr d, t,o th,(:�, Co,,tji,,,,vty, Couiric.i.11, fo,"Irl aceptjnc(,�,:�`, dcdi.v,(,, e S ec 4 1., 10 AFIK S,, �,��TD NE3 1, P P LAN G 111, 0 U IS C11 DOL S, E YC W am a g s,)°�:ia,ll re,,;ierve suJ',,t-=,.,')Ie, 0 c"I w 1, h -'i d, r e,(,,,,,i c ro r p a s b.1 a rea-z-, p I a dry; r o r -i, c., s s chol, 01 s a ri c z b1LL."I.1d,i,,]'.n,g ilite's -H-l"at vlil,'I, re,q(,,j,i*,r(.:A for, ti-ve use o,f its �to, �t e n. 10 p ce nt of t h,,e I a n cl a. re a r t s F i v �5 ) 0; X C 1 U S iv e, o, f s, t re et:�-; sl - i, a I I be r, et � es, rve (,,.I ��f'o r r e c:r e o n ,a 1, ,a n, d p ul�11 c t.l S f o :r a mom.,, r i o d 0 f ��t, w 0 2) y e a rs, f�"'c) -r,, El, CC 1,111 S 1. 0 I'l b y a p u b 11 c ic,,i ��,:,,jj eri ic,� 0 u t s -�t a n d, i.,, n g n t,i-ral or c 'u.11 .1. f el a t,u lra e s u, c a s s c e n I" C S p tE I S vjt a t e r c i,.,j r s e sz, f i n e g jr, c) v e s of t r e e s a 1 1 b e p r e, , � erv, ed (,�,j t, ruct t.,,vr e s s Sr c 4 L-0 4 k I NIS CREMA,"T"CRIIJ tc)' TI -ie u. Of S III, I") d �`]-V is I., on s abo�ie a :i i� a I r -t r"), t b e, a p p I ca b I., e -,t,,o c e m, e te,, r 1 e s S e t, f 0 r t I -I i''r-I t 11I:E-3 C I t e :r- ;,rs and I-mwever, ��t,hiiat -Une t.,i,,se of for P ccpmeteri'�r�:,i or, cre,i,,-Ij-tlo,r�"i,i,,,.,i,,rnsi con -i -ply Z0,11-ing mutr.-,�,-nts and,, to, 0,,�ie estab].J.shment T ""r S ec 5 INE-) ROVEPA,,E'111 Sec 5 * 01 WATER S'L)PP LY d out ,vv i r o be la, i Arvy s u b (11 va,s,,i, o n 1"i, e e t t h n, th, e Coun t y o� f Hc w a 11 sli,,a 11 b e, p r, o v 1-d', d w I., t h w t e r a s, f" ol, I o w s A. Any s,-,,ubd.I`v'1-siIo n, sl-ia] 1, p:rovide a wate,r systerori rm,ee,t-i,ng tl-ie reqUixerner-its, of the Courity 'UP oaf WZItei", ly B. W t el were rri, a i n s, an °c f il r e, y d ra n t si sl -i a,`], 1, L,, e cs, tai I le id lin,, i n t Y"i e s u b d -v "' s 3 -in 1 acc,ordarice with he rulies r.-in,d," regulzatdi,or"i, t ,s of t'he Cio-un,-Ity Deparltme,�,.iit 01 f W a t Sul, �� p p y e n c -�t eci I IPI c or -i, f o r �rn, I" t y t Ar t,:L c I., pa, "VIII of the C,".h,a,,rte,r, of -Ll[-ie Cotmty ol andi ,all amcgym. ridimeriAs th,,reto. Am ole 0 DISPOSA"I"'.0 r 1A L y vyI le p ro x ml t, a,ri, le x J". s t J.1c sevvl; r sys-te"r�r,),P, publ i n e s S, E -,i, 1 .1. cz� d vt, I �i,' h,e �s f -t a 1. 1 b i e..r.", e '0 'I s w: r -i, -t h r e e, Yw n d, r,r, d, ,`30 0WWW1 .1 ri le a 11 f le sl-liz I.J. con"Form e x,1: I3 c I e-wei..- sys"Llem,li, ''ie to U-ile rfvi n i* rni,.im r- e q'U 1, 37", CI)T 11'r s 0 of 0 r14", S, "' P u b IIII I, (:F 'be -,r e s rL t r'l, P -C t,.i ons, cianrio-t B* Iri, subd,"j,,,visions 7�w �e r ic m a ci e t lo an ex.1"'. s -t i r,,,i g s,c w, e r s y s t, le rri n id le,r e e q ul r le - m le,ri, s ci,, f h, 11." s 01'-i fix. p -t e i:, Ij,e s i b d, 31"M d lrer �,s 1",i �.,i 1, 1 m le e 0 f t d, Depar,tme�,wt g to s, wagrz,,,,, I.Sposi Se-sc 5. 03, P AA(Eb E N'T OF D E DI lCo A u:rfa c le a s e� e ts I'i le s 1".) 1 d' le ri, q ra ,, le (::1, 1 n, r), d, Zsl L e r le a f -t, e �r c o n, s t r uc te xjov '111 t 1- n t 1�"i e (",,o u I -1:� ty 0 nvi, his, P,I,at, exc,ept, res,ervcDld for st,ree-t pt,,r,poses,, 's, 0 S, to P��rovide acc,ess fOr VE!li-i ic u itr a f f 2"..,c it o ac h, 1, o o f qr -ts is h a] 1 bhe clo,,i-tsit u,,ct,e,(,.JI 'in accord,*" 1, S, I- cxr"I A 1, 1 s t -r, e e the u bir.3, v 'I!, -i n lid t h o ss e,' t I I, tli e sf',) c 1" f� i c. ), t,3'. 0'r 'I' szi Y"I l(-.� rc,,! i ri a f t e a:- s le f o r j ,n I " c W o r k s a r:i, d s h 11 on f"ALe will.-th the C.,bunty Depi�.,.,Tr-tme� t, of Plub -1 'h ef El'"I g le e j.,, n (31, C f t h le C b le i,. n s it @11 e d u, n, d le r V l( � t o p e, rm, a n le; i,, g r O,d ef s app ro v e d b lyr h A 11 s,t r le le t, s sh, a, 11 It, a '7 ii,, .� I A , L - 1"), , , L ""i or compa,ct,,ed b,a,se ci,C)Urs(�,-"� of pavemei.,-vt, aln,Q/ a n d s -u b -b a se t le a to s u, p p o rt a x I., le, a r�i, d vi��r Yic 1 1 o a d, s p �e rrrt, IL t t e d S,t,»,,� -11,-Les;a;,,nd all, a -I 91 - 3 5, Hbvva, F"It, e 'v, �e d under Set.1,01 I ments ti,,°"ie'reto,, ar-id 1h,-1 r"ll,C), case sll,-i,�Jl', t,h,,t,- be ]I,,.,ess, b t a - 11), 1 ca f,01 1 O'w",'", ,1. 1, I,s ,,rz x 1. t h at", t 1�'I, e ,,i. n,' g r'n t.i, rri d e, d " ca b lie s tan d a rd, o f th le Co t y olf 14, a wz7i� "I I. A, S-tree,its s,e, r -,,t g ar e a s zoii,�i (-,? t, s ,r,;:j., n t y - f 1M, 0- �'I C 11 LI d i n, g, o ri, le hunrcired (7,500) sqL1,,E)TI to i--,ind Www mm a F r,re s a avc! a "% 1�- b a �s e c s r, , ", ".1" ) borl-11'row cot,.,irse of fo,ijx p 1 0 11 '. '1�1 C.J C, Vo �of run b-�, lIr t"I"i f*ller ar-i'd a pa , v es. riri e r-) t o',f"' twc) 2 ""1. nrc"I-j, e s o f �,-is P 1-,i c c o i -'i. c re t, or I.,:V,,)Y'o and one f (2--1/2) of a,sphal.Alx �rw p,�,-)J *1 c at 10 rl S Pavemez'-it width shall co,�-fo r , 'to urban standard, B. Street -s servJi-i,-i,g ar(�:,,l.asp 7),C I D,w+( I ) zoii-ied" :flf,c � j.-,, 1, ��t s, o f o ve r o, n, e a cre up 'to acres ar-,),(,i t,'Y:i re e a c r e s h a 11., Erl, w v, �, e a s,, 6, Ix n, c I -i, selec,:-t b,orrc,)%v ,"(Jb-base co u r, e a b a c-,; e c o ur s e o fou r 4, ji.,,r'i ( a I -i. e s c), -f c o irn a ct d P c r u, -j e r 'r At -i s e a pa v, e e n t c), t vnio 2 "J., n, cl,,i e s of 1 T t c o: and on(, h'C"llf (2-1/2), L-ncl"Ie�'Is of asphalt-ic di,,ivrn, ap�r)l,l„rd in tl,!BIW ,,reel (3) separa-a tie ap 1:), 11, c a2. c�) n,s 73 a v,,(l, mc-,!, rl vi I t c c id tYi e,-- -,Wlt-iforai, to r u, r �.i I r a nd, a d a s s. �,.- 't fb,i th u r',i, d e r c t i on A , , I '''. 4, . 0 3 B i wR!:" E:"El (I'S PAVEMENT OF -1 Sec5,, 04, 1 E lISz 171, A Streets m serving areas zoned flor lots of three (3) acres ar-,),(,i over shal.11. h,a,,-,v,e a (6') inch;, f 6 ine s,elelct I 'borrow basel couir,-,se wi.,U-i. sur-f�ace tro e,,a, 't, rn I accq")tab.1,,c-,N�to tl,ie Clq, ef Er-,,tg,:Ln-ee.r arid, D'll"'-ec,-Ili ,-,or,,, ,P acvement wilcl,'"Ll-is, 11 conforri-i to ��t:,hte 0 ar'id eqtv-ipinent, usced con"Forr'n, to, adopDnp 'ed by t'l I - ie COLInt),,r of Publ,I*,c 'I'Vorks, sub"Ject to tl-ie condz.itlor,�i ti -rat �,,Dr roadwa y s wh,ere grades a,rc el(.,ht per o],,., greater, 's'),-iall t 't o pa v e (,i r �ln rs 0 e, qtj i r, cill, Ed, , , , L ir-,Yl . . .... 1 S " , 'I p Chaptc r ,P acvement wilcl,'"Ll-is, 11 conforri-i to ��t:,hte s t a n d �,, r, r:,J, s, a s 1 re c t o r �P t"171 e, D r1.",,i o r f,"o rl:, k. n cl, c 3 . B e r v i S tit',,,e, e "t, s rc; ot-', n, e c t w J- t a otate zi, y n,,i, a y � ,ee lo.v; ru bclead"ll".-e,T r,,, e r r bc--, lapproval -0,"ie D'I',,,r,.,ec,tor. L t 1 (I"1% It t a n d a r ds o f tl i e a, v, e M E? , n, t w I", t I -i t e a t e CA 1-aghway rl`.gf,i,,,t-of-.-wa,y shiall. confor,nli o s t, a a n, sp o r O'n d o pt e,, d b y t 1-i (sn, ta t e D e p ai,,,,"* t rn e, ir"i, t o f T � 11 A m a JL n t, c r-,,i,a n, c e e.. s c ow f," w�i d w 1",t e,n, re,r,,,,l u lir e, d b y It, 1","i le D J. r C t' ,,,r, h a I I., bi ei e s t a'b,l 1 sl', -i ecl b y t 1-i e d e v e I o e r s vv, 1"t 1"l, a -�,cr c w Y) o s J_ t, r, y ✓a p, p o v, b 1 re c t o r �P t"171 e, D r1.",,i o r I- ,,o 4%,r, al 0 f n al, ap p,l., ISM f o,,r,,,, r rim c o r eJ, t �rl S a,i d f u n, c -I s Yi.all s h a 11. 1 ru n, Go u n s by t 1-,i D31, r e, c t,, o rSII 't Yi, e CO, LUIll't Y OD 1,,l,, r,h,i c *11. n,,i, a y � ,ee lo.v; ru bclead"ll".-e,T r,,, e r r bc--, lapproval -0,"ie D'I',,,r,.,ec,tor. 19",hese streert�,F; shall pro- v,lde ac,cess tosi_x (6) L(ts o,-rless, c,onform.i., n g t o C I "S e ep fo n t,, 1 'cl,"I'l, El P "t r, a n s h e r e s't r "I t e d "'SNI' n 1, lo- t o r e s J, cl e I i a, 1 1. ol t s a rid, tli� o s e a,ga,.,,, i c jv 1. ,r„ uW ,ro, "t, s z o r i e, d for 1 e s s t I i, a n t hT-, ac re s T h, e f o I I o w J_ n yD 1-i, a ll b te r,n, i ry Paven d t h a,,n d r, io, P a d, Afcc e wwwa._."A t R It 1, 1, 0 t 8 f e e''t 12 f �2 lo, t si, l 2 f e, e t ,1,. 6 f e, e, t 3, 1-o t s 14 f e e t'. 18 f eet 4 t o 6 ,1 o t s 1, 6 f e ou t 2,0 f e t, T h, e p ai vt wa t s t r e e t s s 1-i a uw . 1 be c on s tru e (3, Jl_ riI c, c) Ir -, a r,i, c w, * 't li t a L s o n f d j -.,l e a t 't, In e Co �tl, n t �y 1) e ar t mt ein, t P liol f I'D u b."L "i c 101, o r k s, S e c 5 . 0 "" S I D E uVil ALK S Fc), r t]"i e s, a f e t y o f p ecd e s t rl. a n n d of c d r e 't, -p,l a y S ]",.,d,e,w a, lk s o, n o weud, e s o, f tl,�i e s t r e. el rn a y b e r e q tj *',,, r cs,,d Tll,i ca D .1"" re c t oTj" s h a 11. Yi, a ve 11 e ,,i,,u o r I`[ ty to r e, c o e 'n, d, a, ri, d 't Yi, e CO, LUIll't Y OD 1,,l,, r,h,i c *11. n,,i, a y wl "t 1( , or"i I �s, jcti d,g i,,i t I , wn,: �;i a ec 1 Ss",ty �r 0 h e c o nj s t:r` Ll C t f r S'Ll C' i. rrip i -it s r, e .:r� e x I s 1, �r-t c c o r cli i n, c,", e "'L,'t r. &?Wal k s itil i 11, 1"), e, C C:)r-1 1111- CI U, b 1 c r, k s sp ec 1 "1 of, collilt,��r De p a,,ii rerrt of id ri Sec,. 5. 06 'P EDE, UK-i"S c e n, &,,rl A f"',C)IIIII (4 f e e t, v,,,p a t r I b e, p a v e ci 3' n, t I L r, t f rio t I e s s a 1 p e. r.] e s, r I"- �a r') I -Al a "Y' c 's hi a 1, 1 c o r"i , :,j. s� ,Z), p v, 'I" C 0 11""1 a C t cr-t,v, he r :r u n o r c r i,.i, s h d s 0 f t h a n t Ili i e 3 1, c" . . ..... Y"IOY i 4 2", �ri r,,,, h s er'), ro c k, p a Sec. 5.071 e r e c r s a a v e ii, o: -z., t y t o r e c o rn, m r') d a- d W' s l) d'9 11"', '(F1 io,i,,t a ri e, c C,'� z,.S, S` Y I f i e Co tl n, -t C oi i n c rna y, w) n, �L e, x 1, s -t s, o, r s i,,i c h :i ri.-.rpr o v, e lllrl E, !-), tfl.,-S, 's r �c iq uJl-re t, I -i e c o ri s t, u c �f,, 11 � 0 rl 0 f ,"),a 1 ] . . .. I) e c o, ri, s,t i:- ti, c t e d , c o,7,,:,, d an, , (%, , -,, I I 'C', I ID i-il 1. a c.., c e I I c,u.irbs, ari,d gl,-,ttters, ,vv # �t,� p " " 0 r), S i -,r s a o, li e C rl'i t Y De,[:,,� a 7.7,trn, e n't f Rij, b 1 1': YID S ( a C, 0 B 1".111,11111 s,tzr c t k,; s 1) e pr" o r "i e s- 1, nA, u, Iii d a, a g S, t i, c 1-1 9 a r, s I J"ll sha]-1 be, 'by, tl-ie as i.-,iirle esserit al -��t o p r ect o ar,,i,,, way rz;, Engi'neer hy tl"ie Cl-,lef Er,,�,g`,ie 1 S - n d C p u b f e Y Se c , �50 9 S"TFIEET LIGHTS on. ,t re e t 1 *1 gl-vt s sl-i, a 1 ]1, b le c, o n s t rt,i, c t e d, w 1". t 1-11 r�)� t e si u b d 31,V2 Cl i I f I t 1wy c; s 1-i ia I J, corl�f-b�rlll 'to tlpl�r stir-ar"I( " 10,11s ':1 C." s 1, ]1. (I � , �- , e C o,r-i, f I'Lle wil''t-l") -(.1--te Courrty D,ej,,,,),arA.-rrient o4l." PLIblic Work.s�. T 'h le s, s Y:i, a ',b e tri a d, e a, p r,t ru, f t, he c otrt cs,-t r c r.) n lo fr s, fzr (,7�N c:,,� t ig v e n �t e n Cl i ri s t a 1, e c o n,,c d e n t ic of n, t i'l, a c o r s, bd 1 v i sl 1 o n i, nir,u,p r All'�JD T'1`14!4,�FFIC sec 5 10 S TR E E T ll AA F` a ",19 rl� S s h, ow rig e nz, in e, s o f I, r'l �,t- e e c t 1 (3 rl 9 d e r e a cl-'i �,ial I,,. "b e e t d 'by, ��t 1-1 e, s Ic-d"I (- i Cl streets si "A il- 1 S'�t' E� et I= ,i i,-lt "Irl -c e, c' t.-1 o n ThIr,, t,yplcl ar-id l,ocatllc,,,,)i c,,),f txeet Jk It Ir a f f , *1 c s JL, g 1-1_11 CI,� be bly tYie s,ubld,j,vJll,r,3 r s 1,i a be (stIlec-1, 1,o tl""i,le approva.). of Cinief Ei,��,ig,,ji.,Ineer t"i d s, Yt a 2.1 c�onf'on,,,,,i,"'ii t to O"'ie s,ta,n,(3,",ard i i o ri s- s j,) e c c:;, a "t (,I i�,t ��f li_l, e a,t -It e C o ;y1 It y D P. pa r t m e ni-0, o If Pi,�t b I k 0 f Pt.); b, I S, e c It 5 1_1 ZC 11', IlE' I S 3� 'F (".7 ION S P LA� IS Tlip_,,,� DiLl--ector slie.a].l a pri,i -1-i"'i"niinary pla-t Ior yw s, u b I. v 1 s 1 o n, ri,�i lia p vvi"), e L -n" t 1, d :r- 1) (71 s yj,f ai., d o (:P: �c), rnp,.l,,,,. y 1 w t "h t 1-i e p r 0, v Iw.. S, I, 0,�r I'lls: O'f Zo n, i. n. g (,]#,0 (j, �e, e c 5 1. ...... 12 R I G Ill""I-I�IT'l-(,,',,),F,-'I i IV, AY Ifa I E M El4i`\l`F,S Y e, s b cl *1 v J". d, e, ir,, scil-l'all 'be re(jviJ'.n.!%,,d wren! Ivp {'Je tc), i-mPro'l,,rc� i�-n't, uMwie t,r ee -It, :nj*"ll`,,,",r,", 1i� 1,[, - of -- wa y T Y"i e .,i m p r o, v it S1, r �n"i t,(,, c 0 It, e, s, t a, n da:.,c, (,J- D 1 f Czl i.. o n C .1 c,�, vu 1", It h, t hi cr�, Cw'.i,.rity Dr,�partininlerit, 0 f Pt.); b, I e c 6 CONS TF1 �.Jl '14 1 P LA� IS Se c. 6uYVu 0,1. R E Q'IJ I RE,P�Ai 1 "' 11" 1 -'l "1 .,t,e,,,r tfie s,,t,ibd,:L,,%,I Ac,2, Ti,.as sect,lred, tent,atave approval of 11 , v 1 1, 1, ii s p r e 1. 1 n'i, i n a '„N y o f -iro' h e s u b d, o n, f r Io It I D ” 'r, e ct, or a n d b ef o,,r,c-1 1,) e g i r i n g c c) n, s t ri.l c �t i 01"I'll 0 f -L, )'-i e i Y'n,, p r uve m, r. t-i, t s 't 1-i er 1,r-li 40, b thIc"i the.7. sLJ',d*v"'cier pre',pa,re, at"I subnll i Od c o n s, t, r u ct:,J, or,%,li. F:dans and sprlc,1.fl].,c,@,t2'.,,ons showing deta.'I,,,s I xo3d 2. t"I g e . r I i,,a i�� r is a, rli d c o n t r t,.�Ic t, 1'— 0 r') di r a s t rU, c,,,t,u r e,,,s, S'('� Vll)' ll(]' %%p ICB t, al le c), 't ),� e p r o p os e d, I 1� eI S P, ,:r, r,, o p o s e d, t o b e ��i i ,w: a 1 o t1-1 e s u bd 1 V I S, 11C, r u c n a, rv�s I 1011 71-i,e co slri "I'll be, d,r a wi o n a c c e p It e t:r, a c J r 1 ml, m ed L'i.,i, m. to Co �u r"i, "t, s t a rIi,, a d s zi s t o s i.. ze. a n,,d ge n e r d r a If t, i_ n p r a c. It � i c e I r��i c Luvci e d h, Ir c o nS, on p 1, a i,,�i s h,a III 'era -r 'iol % the loccit' -1 r be lia ge.-in 1. 1,, a y o u It �n, a, p s I `V 1 r"), 9 1, c), �11 10" O't S, < r J s It r e, e t s,, a n, Id 'th c-,,, lo, c a t 1''0 171 01 f a :'rr il) e s a," sc:oulver ni 1,r'is arIi,.,(,,3 P.1 a r,ji si t -A -l-," 111 b d, r rri, ,a g e sy s te i,�'n s a ir) d o t l"'i, e -,r J It 1, -1. i I , i n e s will 1,,),repared by an, le 9 w r e g i�,s te'l-er ur,,ir c o f wa, " "' # 3-1, ,-w le d, prov1 1" o rl�i, p 1. at, i -is E?,n ii,:, 1"'ie sa. o r"i c,(", r"i sa. s t s Of 't r e, e 3 i t s o, T,', e is S-1 D i ct o i- y g i:- ar). t, -t le n ta t,il ''Nwif, i(? a,p J)'r O'V,a 1 to e s a o a pirolceed p1,J111a,,ris e P SIA , le c C), 2 PG E C T ('D, REV I -41 ile s j 311" b d, I v ". d. e:r, s 1"), al 2. s iu Ti it s, x 1 6 lcop 1 le s o f h le co, n s, "t r ",u c t 1" o rl�i, p 1. at, i -is a n d p i- f I, c s t lo, t r e c t o r, f o ri C, x a� I n111 '1. n a it iff CIP1111 1� r", c u, b 'S � 10 n I J c to 't 1,i, e Ch, 11 "I f E: ng, 1 gym. «,y le r -i e blia n� a g er Man)a-ger, tli,e &,.z.,�,�r1itax--y r t h,c Ch, le f E n, g 1"i'll e, E,,,, ��r, it 1",i e h1a,r) a 91 le r, t he, S a, n ta r y, E rygil L n�e er, j tl-,icl "i g -L tq.a anc tl,,,)iie Feu Lct, D s tr.1 r,(1✓ q,,,,-.j1r,ed W respec 1,",V( Co�r")"Silr n * , , "I * "I e r a t a ti n d, e r S c c t.1-0, :), () 6 9 f o r t ri (,J, ,ap p 0 1) r nc -,c,;,i, U n Col w111 1-ia 11 I, o lv,�- 1,01 ,Iz),u c h, c o n: s;'t r c "t �,� 1 1 a n,,,5 �r'z,,�,,) ec �31'. 0" C, Ne considei,�.Ied pprio,ved for purpos,r,-��,,-,r wl-ien c lo, n, s t, r u c, tl, 0, r"I f c, o s 'b ea r a p p, i :r-, �zic,i. n g s a ri sip c cl 2, , a roval p 40 of oil - A,f -t'I,,i,,e Ci-iJ r Eng i. r"i e e r tli,,e Man)a-ger, tli,e &,.z.,�,�r1itax--y r t h,c Ch, le f E n, g 1"i'll e, E,,,, ��r, it 1",i e h1a,r) a 91 le r, t he, S a, n ta r y, E rygil L n�e er, j tl-,icl "i g -L tq.a D, t t 11"'1 rzi er n, d, E j,j * g t h le, DJ, r e c t o:i s r, e q, u,),,,, r,,ed u, nd, le r Sect)"Lon 3,,,06,,o S e, c 7 C0MPL,ET'""10T,,,,-'J f ...... . . . . I'T''c", F(DR, OF D ROVDA""E'Tilk!"T RE"i zj FINAL, PLIVI" A,1,,,),PR0Vlj'\L* I a,4,D,ING T Secl, T.01 PRIOTRI, 1"i FINAL 14,),,,P,ROVAI,,,, e, n t le c occt c vv a nd b e a r it In, I. a p, pro va I lo, f,-"" t h e D 1,1"", ('!2nic t 10, r t h,c Ch, le f E n, g 1"i'll e, E,,,, ��r, it 1",i e h1a,r) a 91 le r, t he, S a, n ta r y, E rygil L n�e er, j tl-,icl "i g -L e, D *1 'ist I 'rict, E� �j, I �N��w - fe qu e d u ,d,,e r, S e c t � I. o 6, t h e�, is ub d, ��v, d ei,.- rn,, a 10 roceed witl-i, con - ,P Er. Vic s la, i, a e r 3L es struc-tion, of" th, and', uti"Jitl co I ir.?, t, i o n, �o if t, In, s arne Lri ac c o i,",, da r"',i-c e vl�i]' t h, tl-i), e. r r, ( rn i n, t S, f oC.1-iiapter, t h, e D,,2*,,, r e c t, or s �"i C -a g r a n a p p, r o val f o T e t e, n d is of s f',J.,1,i,,a, I pl a t. VJI�i, E ,,",e, c o r -i �;t 'r' k1l, c it i ot") x 1"" nit o it hea S "La: �t e t"i I gl"Imay r:Lgl",,i,t,.,-o,f",-,wa,y",, tl'�,ie, shall # I Ir.r r 1 o :'r t o co r,,n rm, e n. c es - -it 1"i e D s "'t c it En c 1 in le r A 0 In, a, p e t f lo in m n,, t o f wo r k t Yi i ni, t 1�i S ta t �e r .I- gYn tl,- o f -,m� y 11-1, c a s, le n. o Am 't'a"i re, I I bro n, d, o,,,r s e c 1.,j:r"' *1 t,,Y, i -, d b e, o s t,, e -t I A� -L 1, (""YU rvt-,� °� � "�trTlj(`,?'I`,vt c)f "V'Va-ter Y, pl y, of Ptilolic Vlo:rks 'ncl"/c,)r S e c 7 0 !"3 Olsl "», /)fIsID F I Pl,'I, OliJ Alf -Al Fl.,FlIL( )FI, `,m .A secure fli.'r-"I I c,o a r� r TI, e ri t - "i g o n. a g r e e in r-, trip 1' t 10 0 -f I c o ) -L-ru c t i- o n lo,y wl"Ah the Cc)tint,y, s,i,,'i,gnlrd by 'the Dl`,7.-ector �.,ir)d th, i,', Cc) i,j n t y L C(,;ouri,ty Depar-t.,ment of' D ,Ln, p a r - t, iT:�,,ent of Pt-ib",',Jc VItorks a n Cto W -1 d rri,al,<e,, in. �t a a i, 'upply vvYiej,:-e'ln tl-'Ie s— 14 (i 1, jr- g r e e I v "1 V; t I'l, e In, e rl .1,.ni a spec-�f'].37 -Ull,n,('l cmpl,c-�te all rea-uJACOZ. Fil IL 0 's p anx:l file vr* tYi. -LI'lle Countly i�-, t rn e r -i, o P U, b l.j" c lOikilrk, s ,a n d/O r o t h eif- t 1-1 Cx') li�l Jr -i t�", De P, a TMu -L M. e n't of Via t, e r, S i,,j p'l- 3. y, iia, r et, y b o n d, or 011, '1'7 o a s 11, e t C o u, nl::, ty a s e r s f s e., fc u," r 1 D e pa r �t'm e n t o P b 1 WO, 1- s- a, n d,/o r 't Y�, e co 1,.,,i r, t, -y D e p a,r t e n, t, o t, e -r S,u p'jr)]-y t 1-i a ct, ual c o n s,t ru c t 10 111 @ n fci, s,t,a I I lia,l o, ?,r'), o n -tl-i le p p,,T t r u,c t- :,o�,,v( cons 1. 0 171 . . .... lie 1 0 1 3, orN s a r, d, r, a, W i ng s a, rl'(ci s p C"1111111", f C 8, t, e D ir tC,, t m � 11 -, f I -i s ag , -if"t, mr, bond ig, ra, n t, e x ecu, o a r, d a c c a n e c ) C r (,,.:)4 e I r iz, � i V, a p p r ov a 1 o, f tl,i, f i r"'i li, p 1 a L'O TI, -ie, subd.11"L llxi.er may r,(,:) c e e c"l r, e c o rd -t h, e f 1"', n. a p 1 a t, ,a rird, s e]- 1 tl-ie 1 o t. s, or t i,: -a n s, f a r'"l y Sec. 7.03, A(32 EE 141] IIklll -F The ow'ner or owners of tl-i-,(:? subdi%ris'iion, submit an ,»..•• .,i reft,:,�-jr,", sa"d, docurnent, to 'to t,he Di,recto,i-,'� vjr 1-11' ) s 1, Corporiia t,a,on COunsel folw EIPP'ly. ov'ral as tc) fcrin and legality. 11), Cl 3".. v.-* , 'I " f 'J, -i a ��t t 1 -1 e, 1 cl, e r .1-i al I. (:)mp I., et, e -a & J- d a g r e, e m eri t sp e c .1 I f tl- (Al 11 e C k, t r ,E ofv eEy„ r anci,/ or the Coi,.jr'vty Departer"itl of' c otTn,pf],, e te 1,�i e s, b (clf, v c"I »:,, r s 1-1 'f: ai 'I tc so ea I e t 1), a -L 1, P:L 0 v ci <,,;uch, work itl-i ii. '[�-i -Ll-,.ie Ifle o:r,� extenon of t ii', m e, : 0 f`or- tl-ie :-:1,01,�) ,f ncl e r p c I* f (:A c or:, 1. 1 C ) 1'"'l S C)II, - ° 0 EM o r p ar t i� r r.,�eernei,-,A ar,,jd ,)�,,xrl, a ".j, b C3 i v,i S 0 f t, h,� r eo,-fr' t., �tc 1, Ior 1 2. a c:r e a -L),,,xmi e CIO U r -i y De p r'fllll'rnP-,, r""l I Vil a t e r S I el C ,o n t y D e p a 2� trl[,,,t e o f �p p I Y, pul"'A' C'�, z,; n (3/o r may compl-ete th( sam,�; arrid ,-r,ec(,.-:vv,er fu.,'ll �cojst arid t 1-i P, r, (-,:� c f Tr,, Vo rrri, t h e, s ti, b dirxrv L ie agreerrient as speclfl(,.,�cl lrii, Sec-,` Jl()Tll "7.,03, be se,,c't-j,,-recl by a gl�"-,,),0,d, E N C . . .... ElEi,s�,)T() Il',JSFl,EC`l" p r s o n al s u -r,(:,. t, Y) c e r t J, c .1-i ec k or ro -�t� h e:r�,� s ec ur i ty a c c e p t �,-,i b 1, e ,to, Dlre(%tor p,r o'v, Ir y e Cor p :r, a t-:i,� • u t,i o �i.i ri, sW.,rz, 2. ri, -t I-, and aq,,�'i d, I,, I Suin e,(,,,,ival to ti - re of all "C"I"I(C'I'Llired, to b e, o, rij e b y t iH h, Di -,,-,ctcr, ard 2, 1,,. r"i e e,r, ar'i�, lAa n, a g ( �r: by tl-ie Cl-'i'*,e,f' En,,g- 4 4 - f Y'i b (d', S i" 1, 01' z3l of"I j� S "W J.. t" I - i� 1- ri, h, o f tl-1, (r, C ot.l n t yi, D e p',z),,,,r t rini e 1,11 -it o, W a e r Su p f:) I y a.. r e ri, s S)i-4 .11 d sti r�, y 1:,) o 'n cl., s,1-1 a,' I be payablc tj J., "to the Gm,irrt,y (,")f 1-Iii?waid",, and a I 1,101 -ie Col,,.,,u,-rty D(,,,-�plart,TTi, e n, t c f W a- t e:r- pp I y f w 40, t 1%i c)� s ul), I V' 1, S S W'J' r1l, tY'l'.,e ScOli":�e of Co'u,n-ty r eq,,,u� of WW "IM 13'i,-jq�')pla� ilxeri,ier�'its ar-id, sh,,,:a,J,l. be c o n d i ti,, o, r",[, e d i..i. p ori tl,i e ,f";r i,ll, t h f 1. of ar-ly a-r)d all viork S, ec, 8 , 0,1 E N C . . .... ElEi,s�,)T() Il',JSFl,EC`l" IS 0,i, d se c u i. t3hc=ll be f J 1E)',d w,"th, tl,,ie- Di -,,-,ctcr, ard depos''I"",ted wl"Ali! r. the Cr:),uu,-ir,ty as :,L n, w h, ,o r p a r t fo r, t e c o, i�-n p .1 e tl* (D 1`1 col-rc-1 C tI,- o n o f ,ive kv�, wn,y d e f'(,:;� C o r, o r m p r o p eir, w r k". c- 11. e d, fo *1 ri �e o r"i 6A p ,S le c I"") E"'I" G17 I AND CER*Y`]'-"J I S, ec, 8 , 0,1 E N C . . .... ElEi,s�,)T() Il',JSFl,EC`l" Th(-,? chi(nf Eng,:[ne(,":,,,-r, si-tall. imr,�,�,,pect, te c:,or-),s 1:-, r, ti, (:p"'t 1'. O'l 1 0 f ,I-Mprov, me,.nts a,,nIc E, 1-1 at J, I o n f MM, a C a (:1 'ti,'A, "'1" 1 e S 'lr�l d, 0 t r IV, Joe vo :t -i.- n 'y s t,i, b d, v A T, twli� a,g,( r 1, rl sp Ie C t Fill, c o f -i s t 01 ru c -t-i I Cal �c:l' i, i,'lrip r, ov rj,t s, r e 1, I a !,n g ra t o v) - (e s, y st ei'ni s I= e c E3 2 E fw, 46, A I o, r to t "h e b e, g,lf"I ]L, f 3 of 1. Orl 0 f tl e (:"I e ld i., m, p r ov ( :,!rrit', ri p r:,i. Io r 0 'D 1., n ,a F:) p a, 1 of a s, d p 1, v 2- s �i o n In 11 I-) e n a, suiLtE.-alule bom,'], J11,1S p stedl, -tf-ie appl -*carit shall be It, o p ay, a: f e c��, o f two, t en t h s o f o, ne 0 . 2 WPo II" p P., r t, o f I-, h e e, Is tiolTia t, c,,(, c o s t o f "t Yi c,,? c (,,,).r) Is t, 1, U, Ct "i" on w or k, t I,-) cl, ai-i,, (,z:�, I'll, 1711 tI"lle su b dl 3! v i s.i., o,,i� i b'LA, ,ri o It, I e Is s 1-i a n Yll 0 nA, f i� c d, r�s ($25,00) ol ]I,, a :,r,' t o c o v e r Y), e, c o, s "..r. f i n s p e c t i o n app rl 10 \1 -.i. cJ, d Y,,i ,um w cj, e i,". a t cl, 1 1, s, a f e e r.,,'h a 1 -1 'b,r, r ra"t u, r n led, -t 0 t, II ��p P]. 1 f 't 1, v I S 1 r mr,J` l bel I - IL,. s n o t P, r o v e Fe, e s, r, c 1, V C", C' f a, j,,, p 1, 1, c n, "It s s a 0S, *1 dI in, 1" 't h -t h e D1` r e fc, It, O.T, o i I a n c e W I 1111DI "WI 4F"I'm 0 W, lb CER'-,FJF`l` ,Sec. 8.03, l,,%l'O'r 11',4 SP E C "I" I A h� s -u b d, v, d e r B e ��f or e s r -i, g a, ri, y c o n t r''Ll C! 't 10 rl wor 1 1 JLL v e vj, s r), a g r n o ti� e a It s t or"Ii, e w e ek i. n ��.a d v a n c e -to Itlie 'n 'f rc'lor,icl -r j, c It o n, rvivi, o I v e s o r Pl,',,a n,� s t. e in Yr c o, n It n. cl�. It o r a n y -"�i fo rm at a,n d s l -,)a 11 f i, l e tl-i r 3 p r J., iln "t s o, It h e r, p r It, a, r�i, c r i -,c), n, I t h approved cons-truct aravrj.,r-,lg,- If i C Iat 2, o r:i s 0 f 3", ot d S p C t t y e C 0 u r)" ty ,D e p a,7. 'ry�,t e r -i It o f P u b III, c Vio Y-,, k s a ri cl /or t li e I. 'I' Dfe p art nIi (a, In ��t, o, f a t, e r Su pp,],",,,. y, f c o n. s, It ru c t " 4) - ,a w a, t"er I. Ori Ili,, rl, V, o ] supip.ly systlem) Dur *1 n g c o n s, tr "ll C t, ,,,e n t S a rft cl 2. n s, It a 1. 1 a tao ri io ri, o i m p I v n"i W IS :",t- e s and, tl"ie carry,-iriig oi.i.��i cxf o-ther 0� f f, a C i I t Ir"I u -t ' Awl Y w o, sil 1 b d-. v , s ]'', o, n ll',C� W10 k sh, al. I ,a t al 1 It jL m e s b e I',- r1f, P, -i e C Yi e E -,, r., a n, d /o r M' 'b c -t r"i t I ,a n a g e r, s, u e c t to b rl, J. r -i cz� r i d,( -I r e d, co, fr), p 1 e t 6), IS Itfb d,l V li ! i Or"l, 1-1, rn ii :,, o v e rn er-i. t s shi I r�i, o It, b e lc o ri s I'll a,r,id, a.,,ccIrzaptable for fl"'xia."I., appirIIIcva]. by ie Director unti],. such, lmprovem,,(,�,,Tits are so tlfi(, (J JAll wl'li-ti-ng tbe compl-ete and r,i,, e, c-,:� r ar ic,,� 1. 1`19 a r 11 11 '', /�(I i, a g ,o f ir c p t a bl c7) s It a, r,i,(J,,a r (I c- b th, e Cl".i e, f EI j � ,, im Yi, t - Of, - w w',ii-thl'in, S -t':!--j t ill 1 IM i a y, y g is h a, 1, 1 b le tA, b e, c t a.ns, ec-LIC11,11") 1"wy it, h e D'�wWnr P 12) Z), �01 1. c,it E g 1 r - "i c o r r ep r e i,,,- v 12), "', 'j, cII I FIT�1'AL 1) 1 4AT SVrywyc Oil 9V iO 1 71 PA E I'll"1PA, I T 1n, p r, al,." L"I". I 9 thie f �i 1-1, 1 r-Aat'l, 81"1 le,r'',icrit''I 1,&(,"-�,rinc Th e I. il rta I p 1, a t si:,'i a 11 b e pr, 61 ��11 "I', c -,,t ti ,P a r ) d ctc') rtl'l p J. t e, d 1w t1l"l! i,,n lo n,r,2, y ar, f o I I lo, mi n, g to E,";'I ri t ra :i.. v e ia p p r o V'a g al, v n o n. itti le p r e 1 i,'n L n y gw p1 a t b y t 1�i 1 1, r e c it o r If . . ... . . . *L t s, lia 11. f`,inal, a., r, e rn le, t -i, has not, b e e n, f 31A. d" vu, 1", tlti,, il Al -i, h-, *is p e r 1 o c i, le pre IJ 1, rn 1 r) a r y p 1 a it s I -ia 1) e d el ern, e ri, u a n d v, lo, 1' T � ii �'rn le, e x. t n. s, -0 ]'1 f c) r o o, c le rri,ia'y 'be ig r a n it, le c.] a s p r o, "v d,r, d il,,, r d e r Se c". t I" ri, C) . 0, 6 s 'Ili,, e e t s��, Se c 9,,.,;o 3 INI C)RPMATIU,,4 S '( ,,3� C. 9. 0 '12 jl�"',�, C11) f �,% �,-) , � 11, �] 'An 'I PL AT DR A F T lli,' F 1n, p r, al,." L"I". I 9 thie f �i 1-1, 1 r-Aat'l, 81"1 le,r'',icrit''I 1,&(,"-�,rinc C a j &+. U 1,,,%,,vi,e i :imlg work sl-i,all ),:,)e T:,ir!1aide bly o,ill,, i 1� �j, .. o ri, a r), U ri lid e r C-7,1,lp lc� r v',' j. n, e r al"I"Id/or (survey,oil-,, ress peicti v e, Y , .If the f"J."Mal plat:, i�c' -ppriova.",1. y ti -ire Dii,recto,,r ,:L , s it lo b e f 1" 1 e cJ,,,, 41 lwvl he Land Court 'for, re,ico.ryr,,,,Iat'l,(P)r"",i,,, . . ... . . . *L t s, lia 11. co,,rm -0, hp y wi, a., r, e rn le, t -i, si ss p e c i f c� 11c.1 u ric,11, lr r tlr,��i le r L'I, les of the L a n d CO LIZ t, f o r L a n d C o ur,, -t s u1c, cl i v 1 s 1 o ns Tl, -,i le s c- la], le s, la'r-"i id s, 1"i e e it eu or-it1 s drawi,r sl,�-.ial],.,be the Mei s as reqLA.'.1-red under Sect,,.i.(,,>n, 3,,03 1mi.clreof, and deld-icat.Lon, or lo,tl t t e'rl -ii e r w, r 1. m a t le r JL, a, 1. s, hia 11 b e �,;ubrnitted, On s"t"Ipp 1, e rrt le r"i, s 'Ili,, e e t s��, Se c 9,,.,;o 3 INI C)RPMATIU,,4 AL P-1,EQU11"IED C)',%J F I D4 ' IA' P 'r 011 Wt 1-,i le f . 11. n 1 (,,,xiin, o�r lid, '10r), ,Ii;, Th,ca fol,lowij,rig info-T.-rn--i.-� 'I I I b le sh pil 1, -,a it a n d s u p,p) 1 le le r,,i, t a, s le e '1. n a clgryll,, 1'0,,,n, o, a �tn. y c), t 1,ie r ir id& p r o; -t o, 1.),e sil-,,i ovi r- t I ",i e,,ir, o ,n t�j 1. n-1 m a, it i. ic) n r e q ti, 1*� r, Pit r 0 f a n y -S tat le �:; t a tu. t le o r C 0, LlllWry 1-0 ly 0, ICU n a ri, ce, S* B Legal, of' th�,�, tract 1r ,,im,dari 1, 1� Nar:r�ie at-li'd or owrie-,�rs, si j !,,) d 1, v, i d er,, e r ]c, -,,t e ],. a 1- or v e, y o 'e D # pp r o v, Ie c) Tl-r2 t arij-i o r, d C1 i C i b I r s, tr e e -1:, s E . R�.,,.�ference Points of e x i" - sti-ng I st,j, r "v eys de r:t t, i f 1" rc-',3, .r, ell a t cl, t o i,-. 1"i e p I a-a t I ) P 4- �f --i l ce n d a z i m i,,,,j th s a, n d )yr d-,"I" ,,, lE I ,, r le f er le n rle t a f 1. le]. ('.'i bo o k, c.'), r "m firp ei s f o v",t s .11", c e f oti, n A.I,. 1 t, izab,:, le s n, u, r,,ri e n s, lc;� r o ✓t 1-i e r le ��v * �(-34 i,�� 011 o d, e J, n le e W u r-it d' a, n tf,lie gr I us 10 b, o kj,, a :r�� *1 c-!� ,s, o fir„i 3 2 U, r�i s I ar 0, Ad c o r a - - "I i. n, it"i g s o.. J'a d Bo, t.) ni ci a 3,1- ly, Ji- lei n le s i.(.i n, d, g -tr a n �tsi ��,,Iv n, adJi cent -Lo tli-,ie p 1'a t 01 -14c- h le d h, e c le �t,vt er . W-h le i,(�ie ,,,re r thie Couii,",ity 1'�ia,,srs, e t, a Ll th tl'i, e, t, to or I I ( i, r-i,, s t,-T,, e a d,-* a, c 1p:rropo.secl sti-bd* ''JI c3,n,,(,J rtmi�ii,JJIIIIC 7�� d or r e:s,,e e c, 15# All lott"ier monLUiients fb,t1;r--9 or 1 n, ma k I*. n� g fle s u r v e o d a p to,, r to rr -11 t 1-1, *1 S C b e Lni s t al 1 . 0 1 S 0 f # P, r-i. da r y 1, r 1r. h, "t - o If-vv, a y, i n e s a n d c e n t cm r 11" n le lo f ls t r ee t s o t a n d b, I o c k. 1. Jl 1`1 C", S lop 1-i s o r cl, le f e c s i o n s, a z Liiau IL' I'D 1p'l a n E.; PI) 11 t, .s �of c;i,,ixva-tr'Ure and Wry ricad-ii, zjrcs, , ill t I i ,a 2. 1, be s 1-1, o vt n la,ri ,t b le a "7 'TYi,e widfll-ii Of' thk'e, of # 1, gl-i 4 'I d l t, a 'Iri -111. El LI (""'I F o r kms �t r t s r)i C"'I I 1"'I, IV, ( 411, 1 U, r C b le b a s e, d o,'ri tl,i le s,t re et c-'. le� e r 1, (i-ir e E,l r), mm 4p ,a Id f,:J 1" t li..I- r; iI e ,,,,, d m e n s,i,,, o a."I 31 ., . "V "c) c, c c e r,i, txa a n e. 8 A 11, e cetnrt nt Is d,c not,jrd byr 'H",, rt f al n: o, n r e c o r d J,,, a, i -i, d -i cl e a rl y 1, (."1 (", )"t'"t e IN 1, r- e c o r d e: d re f (, -7,- n c e a n y e a in e,.,, rii t i, s n o t of o s e rn e Int, an, d t 1) e I Ie, r -i g h s a ri d a z,Ji-rn,Iu, t ), s h e 1, n r s o a n, d, s i;, f f �'I. CJ E"," 101 t -t i es tln� e r e't, o, It o d e fi ri 3'. t e 1 y locate the v,,,,,,t.iIth i",BVI spect 1:,,o tf'ie, E-,."Ub- N -i, e 1-i a 11 b c Is c 1, v s 1 0'ri, s If ti, s e rr'i e n IS sl -i a 11. I -)'e, d, le (.l f" p I i ol p r y b e Ii, r 1 y 'I d e d ""2'. "i 0 ri & V'I cq 9 L o t cl b I o,ce-.1� -J -I "t -,`-,�tiori �,,-,;,hall, be r a c -t la. c e s. to, good enig"Inee 1 3 1 110 1, za n d p a. -1� c el s t o b c.,!, i,,,,-,3,,el c,:1, a -t c,�, ("i IL"" 0 r 1711) P, Ll, r o s P Ll bl, l C 0 ""'1" p 11"I I ivica: " t.,e ttz) b e ci, is "I'll f a 11, 1 0, 1. o It s i -r -.i te n, cl efJ f o r s �a lez,, ca, ci, thl, i I` U, e i", n d 1 C, ,E L e c, 1, 1.1 PA, L n 111,11 lilmna b t,i, 11. d, il-I 9 t c:, c 1, ul I 'a, fil-if I s v,l h e i -i, o t o t h e 2:, - c W, -i, t y Ior d'a,. ri.a n c sI i e, f i x e ci, b y a b Lj,I. o Id c),.rf, C 11,11 IN .z,,),,t e 174 Ic e s o IlN le id g e, d by q, adpar"r,ti'es m 0 10, 11 .IX'i land, s, ij i c.,p d, c o )-,tf SO n, t n111, rti iraro t h e p re p a r t,l c) n a r -i d r e c c r d J rIl g, 0 f t, h el a t e n r, e q u) i-. n, d y t e Derr rez, c 'to r i 1 1 - z d a c k riii o w d g feA,d a b A c e r f c a �t e, g r,,i I d a, r II a b c.) v e w e r -i, d e ccsc s o mm ct J d f Z> [ri n o n 't"l f m ren� r: - I ic, r . .... . Y -ii - e p ic t, Fi o s,r p c e s vvl-i, Ic"In ci.,.: i- ve s Jr.0"I''e 1.0 t for tlie exclus, f ea, 1 c e i, I F le e 3L 1 Mr,1. C)l 11 o v,,i i i e'l."," S t Yi tib cl * v a, "i- i to r s V. S, terri,aro,vts arid s:, v e se al, o f aaci, s 3, co A icat(,) 4 b S, e syr t 1-i e ri 19 ji, i E?, r o:r S111,13", I 1p,'.. r r p o n 1 s b for e survr a r-1, d f n a 11 „- t" -,,,c;r d Al. I c a- c a t, e, s, .tri urn, o r, 1"t e -T,,,, e a f -1: t h (, 'r c t f y 1 a lev. cz, o,r-i, 1:0 ro o a ic c e s s 3,, e s cl j a c e n t t o S t at e --1, gln w a y s s lia I I b el D d e 1. 0 11, d, ss c ir e s o e t yr 0 s err 1 s 5 c o rt c c ,v r cli,.,i, d :E-; 1 g,,s, o t-i h e f C)" d i" r b 1 a c S liNtITI'll Fll'�,JAL PLAT,,.. ec l 9 * Oli4r SUP P! o EllOi, �I:, ci, w -i.. -t., h, -t h, e f i ri, a I a-��:�� a s I,), I I, b e, s u b Th e f ol 1-1 ol w 1, g di a,.,,, p a t czsti�,e.. d by a t il, t l e A A c o mp, le t e t ii. tl,. re., p o r ."L company i T-i, O"'ie r-,�,iaine of' cryo itliner of thte land, shov), ing all 1, f,,),r r t i Sw 1-1c, 0,1n, s e rl, t i s rii e Gr c s y- aj 171 cl # I-) e p,,i- i es requli,ne��ld by tl-ie'l-1."Ir"Iteres-ts :1,11n 't erri -L s tl-ie Dlil-ec--aa„ or. iYe (5) copi-es, of any eed, rc',,,�s,trl4ctl,c)ns c,,jippl]".c,ab,l,e B, t lo'I ', -tl,�ie su bd i,. v 1 s tri, ri 113 0" S, ir F 3 ', er"it, on, the v F C* Wr i tt e n p r o o f t h a. -t a, 1. 1, 't a, x e s a r-ill (Ji c �l M, s I I " I') 1 3 t: d a t e t r a c t a r,e� p a,"ill C, J, 1`071" INV OLV 114� S E'TM»�[`-'J NI-31 DR ,A I N'S', S (.a c 9 0 1 SUB I v I �)l I C) 11 11 D A J � 4 w /0 R T,.IN" Tl L" i "'r I ES j -ts,tr I e (,,lT i-o n n v v e s 'r i o t r I n c a s a s u 1) dJl V whl s Y p �L 1", el s t:)r rn r", I 't ffl Z;Y b,( by o r u t I'L t " v 9 SM40 D 6 � , vr�ri r"i - r y p 1 a tri, e ts ,i,. r un, c �t o r f r, re c -Li,'i on p r (1, tl,-i e e �� L -,"I I Ci & '" P 1 a -i n"I E? TI t S al -,I the re,twt,.ii,re o f a, f i� r a m iii Sec , 9. 06, Fli I, 11,11 G 0 F F I I,Q'A,L- P 11, AT IV, i t Y'l, i n on,r ( 1. ) Y, e,,a r a f tre, -.r,,, t e n ti� t i , v el 1� P p r, o o f' t 1",i e pdal-:. 1,..,,,)y "Llhea Direct,or, tYie subd,,,-Lv.Iid-er y, f te h,.ave t h e ib1d,2.V1,C.,3-OA"I Ellrv(),,-�yed n(. -I rs, 1 -11' i'D rr, a f " m P.''6,pai 1 I pl, a -L, w, I -i c I -i 21. c,o n "If or �m s vv 1 Yi e, p r e,I J�. TI) I'l 1 liat a t e r��i a t i v e y a� p'j,") r o v e (.3 Th,, e s t.,il: bd, Bei v ici e r to th( S U br'n, 3L t to t Di r e c �t o r� e i" g Ii, -L� E3, C ('.,) P i e S of 1",i e f i", r i I�E,i p,,I.,,. a p r p a r�, e d i f"I C 1.", 3",-, A ,Twp ,,,I r, 11� " W 1- h e s e j g L1.1'a y vv "I j. on .rye s o -a ge, n,, e r a -l'. I, a y u to-gether f'our (4) cop'l 11, Y, a tt a c 1--i e (::1, t o I.: h e c ori, s tr t. c t n, d i:,- a w m, a p s a:rn, e o'JI., '1-11 "1.. s ( n 19 h e I., o, o ri 1( ad reqL , r wl,�'i e:r, e -- e ) sV d li,,6, lots, -stree,ts,, vviter ma-ii-ar,(),,,d stori,-�,-� 1, 1 is "" 9 E, S N�!` S t, e M, I Tli, I � 4, v c:1, e r' a n e �x t e ris 1 1, m 6,�, Dir, e (:::'t o:rr r"r,'i y g r a, nt t o I 'i,e 1 1PID('3, a I 101'� Of' 'r, 0 1-1 1 tl-i �n h,, -ic, h 1',ii y f J"I".1 e u, c h: f"i " a, 1, P ,I. ri t v d e d IJ I'll n wr 1 o h. e D r e �c to r ubd, v rd, e,2,,.,, �"Ti id e a n, Pir), 1, c a, 3. I o n i n g IV" 64 1'5 idc:i y s 1) (,,� -f o r e Yi e S u, cl--),� t e a (,;,i t 17 o , t y - f " i P p o se 'I I. I k� Nd 1,,o n , aww arm :wa e.w, y,,( ,a I eii x P 'r f s a T l -'e t "i e o f f 1 t"'11 f, "r4't 1- a, 12. b le t a ri t o rri, e a -n, t c h a 11 r e q u r a 1 m, e -a ")qr--,� t e t t ih,, *-cl-i I-, Yi� e s a rrie is receivod-,,' blay t,(I-ie Th e D �i e c ��t or s 11"i, a 13 .1 n d,'], c za t e and f i- 2, j ci a ta S, e, , c 07T,ECI--INIC%A, REIVIE,1111 -Fi. y, f te r re C el,p tW of the fi arid, o�tf-ic-i,- dl,,; t, a t, �"i, le D re c t o r s I -i a 1, 1 ,s-L,�i, brri, 1, �t c r- OP 1, C S o, f t h, e, f 3 riEa plat a,rlid o tl%ier data to th( En.g,':.,,nee,r,, !�,Ia n a g,, er, SIlei rn, i t, a I y E•ngl",,rrieer arid rry rir. Er)1gd'...rie,i77),,r, 'E"cv-1: r-eviww of said f'.9'ILn,aI,, plat wr'ltli Or"ie Final pi),,at sl -i zll be ex " �",ld w, -^n a rn, 'i- n,(',,. -,1-o wliether ji q I I I J, "I 1 1 I^ 't 1�, S 0 "1 t",o 't';� 11 Y, S r�,l 1,-i r to tht ie p p:r I "I d ''1'' Q 11 ei. rI-Tl, �Ji. rl, a r -Y p 1 a tl-1 a 't t 1-1 E�4` P1., i, t 'is tercl-i,ri,�ii a 1,1"., M. correc a c,.; lw(,,i 11 as to vel -r-1 wr u',j f l0. "ie f -ia, le r rna 'It 1.01 1"" 1, r f 11, 0 p-1 I r cS,1 p le� c „4r iv le s'tj, b id 111 V1 1011 E 'If t,he-re i.i.,,s a Ir') t h e Di wl �ir,,, t o r, th.e sub -- 1 s 1 b le a d v d v v :*L. s d by, t, 1, "ie, "D r e c 1, o f "i le ch, ,c,, e s ,a d d i t 1",o'n s m,J,,i is it b m,,- n. ci le, a d la, ffc,,),.:r,1,1d led an -to Se'It".Fp" 914 r. 08 ACTHU,%J FP,,,JA-L P'lAT Wlm,l all o r 1c,1. ''i.,,o n w I u'"% COMD Ir, It le cl is rid n g acc,ep,tl�, c]. by Ch-Ji.efr' E` 1, "n I ill rmay apply for approw-11 of the 3 0 ,r, I 111alp fcj,.,i,.-recordat*` e, c it, o r, d 1- s, a p p rov s a icl, p 1, a e If thle-� Di -r �#I r o' ut r',t o a*' 2- o u, ''ii ci, "1 -1 -,1, e r r,, -;,,,,c ic) _r o f d i" sa-, p p r a v a, 1, s h a,,1. "' 1. 1,') le 'If J11111 I'll. E?� d, d o f �t h e P I r,-ari, rli-dl, n, g D � re�l p r trri 1,�,,Ilo p I a t sl.- "�, al.l le d, rov le Ir') t h e Di wl �ir,,, t o r, .1, j t h, e ii,� 1) d 1" v r -i. ea,'i",-, 2' itl--�,out afforclinc . . . . . i n g w.1 h r o,,r,) ir 0 , a) p ro v a fl -i) le D -,rI c t o r s h a.1.1 w �A Up r�'l f J- t-) "i'll a I s it, rri p t li� r,e e 3) c o p i-, e, s o �f it hi, er f *1 n a.'11- p I Iii t, 11, Tl� R S1 . . Tl�,IUPAJT P, P 11 C )V E.) Fi'D 'iRL ..... BUREALJ OF sprATE. OF f-1ALVI;AII11 and s u c h a p p r o v a I s 1-ia 1. 1 b e, a r. it 1-i, le *1 (3 il-i a,�" Li r e �,l f t 1"'ie D -I c r e -c t ,,) r Th le Plar"iin:1ri,g Departrnler-rt sl'iall tol"I'ller-1 n n le c o' y o f P t f J., r ia , imr pla,'�t, flc)r,vv,, rid, one cupy of" ti-ile ir-ii:il pill a t, -to t 1-i e Hilo Tax Off"I'l.c•e,' aric], or,�e (1) cop:y, of 0"10 f.lr�ial pl.,cit to st,i, 3, LL a I p la c, b id 'l "" d e, r If 1-t le, �,3,p p r o,v al f t 1"), le f 3. c), r -t b y t Y",i) e, D , r e c s,, h E:i 11 no It b e cic -[m(,-1ci to, cor,,ISt,imt'Lolte lor� '(,ffect an acceptai,,r'Iice 'by, Itn.. 1-1 le,:,, lc 0 u r)� Y' '0 f 1" C1 (1- "1 'r, le, le -L 1. c a, t,'l 01 1,11, 0 f oqr y s t o r o t, f"i, er ec-, s emP,,,A ri-1, t o r iv y Nom, II o w n o n t, f,rt le plaa t, Oil A. No chari,ge ir"I OIdr r li-11 plan oIf a aliready s'hal-1 be, 1 io 1 0 f "i 0"Lli't U -ie ap,jDrc',,)'%ra,. I 1p 'If, 1), "1 c -t 0 r N,. J- o r r e r -It B. L a ri, rd' !,:,;h a 11 r "i o t b o f r, 1, -JI f ic-;k r s a D r e en r, c", :r n, z r"i y s ��U br,:J, 3'. v 2,� !-- I 1 10 1 1 C,` 1`1 I., p -I Cl d", re t he p r c 1-i, s e e 1, 0 f 1 ar a e a lc ra q'i I. r1l 9 0 r u n. t]. approva,l.. fir::) -r- of tl-ie .1. a t �J' wd S granIteid by tl-Iie D,irecti C The approviilRa, f::,, re,corda-L-:1, c�rl (:,lf p.'[.i� It by der of' tl'),",iie the,, DI*recto:r,,,, ri,ot rieli(ve he brd'', v.2,- r e sf,.,) o, ri s f r rt y , r i,. (k) I . ..... 1, C)l r e rr o r s i-, n t Yie,,,, d, i rn, e n - 1De,,rr)artm,(,,,.),nt of V,�,fater SaY I em o n ca, dlscrr.,�par)clels shall be, :r,-evi.sea., c�,,r ,a n r e q u.,e s t to I„ qz, t, f qr."), C i,:i., on o :f, "t i e D -r- ct ol, Np ° �I., P L k7l," Sec. 9 .0 9 1 0 1 4 OF"" F"I'D 1011,1111 0 f ,A If It, e a,, m; s"' D ir,e rc, t ig ra n, It s, ap p, 1 r c',) v f io:r, r e c o 1:', d a I: 1". pla,i,-,,tie -aecord, the plat., 1, j -'I F I E E AS, "17 'S" N(J A )1- 11C Iii"AL GF I Sec 1. 9.3.0 1" 1 1\11,/ I,, OF 3 Upor-i, of the T,,,�::),,vjer.fiei nd I5 JI P s,cli as reMllred by tl'u, Chapitr. r, arid c.lert,J.:F' i c c'i t 1 c�,)jn A hoe :r e o, f a s pr o v, 31, e (,-J b y S e cA '.`L c), il-i 8 a n rci f t tl',�.i cn� �s b d .1".. v �I 1" . d, e r J 'Wor ks sl) �, 1, 11. hav, f " 11, 1 e cl w.1ji. t,-1-11 'e, CO U lli t y D e p Ia r t rl"I (2,1 rl t 0 f P U b I , i C State, Diepa7--tii,,"tervt rof w„. u r ty J ri, 3- and t'I Co�i-jlnty 1De,,rr)artm,(,,,.),nt of V,�,fater SaY I em o n ca, e t of c o n , u c It ipl s�i t:rI ,a n ac,tuall.y' 11,10,difled to meaet coristrL,ic-tiol"I i ir", e ql.,tl 1'1r e Tyie rS" t h e D e� p, lll`� trri,, e n o If Pi -,i, ) Jil, (Z: L I Vil I< o rrc s -,-,t,e S t,,;,:a 7n 1.)eplaztr ent, of Heii-.:tItt'), a,n.d ItYie Couri,ty D&,[,)aix-Lmervt of 'Natelr' surr-)p"I"Y' i f a p p c abl e' ,si,h,l ta 11 C , g", a, ppr S, U. c h p ez f 'o r m a n ce, a n d -OI-li e r e u p� 6 n, d 1, s c 1-i,a, r g re 1-11 e s u bid J- vIIJ., d; e, r ri, d w„. u r ty J ri, 3- tivl1, olt. e w o r 1' r1I p a r t - a c c ior d i ri, ig 'to "It, he texin,i,s of l'u's i A, 0V Y % firorri, the obli-gat:l,on of' ari,y b �If- � r o n, ici s Ii i Ir e I e a e t o, 1- 11, "a n Y C Li r Ii. L y p o s te id, b � io 'r au,t,,hc),rl`�e arifid id,"-,Lrec��t:, suclp,i d'i-scharge and i,,,-,elease @a1pp,r,01*0 II priiia"Alle, a-ge.r-i,c'v o.r, age,ric,"" Im D Ix (: "i), s c-,,, E x c: E!, M'd C, P ERIM, I "T IPTLE "":'�S, Se c 1 1,114 1 s 1�:! j 'lPiNT , E 0 F B!,,J I L�, D 1"N,3 'N o 'b Lli 1 d ii, g p (, r rm zszl-i, a, 1 J. b e "L s s u e d f r a r�'i y b 1 to t b e e r ec t, e id� o n a n, y 1, o t i t, h,2. n -1: covered, by any pro po c r fa 41 * Kh ",4, subdIL."VIslor") U'r-iles tl'-ntF:;, of -LI-ie Zo,r,�,l �, �� C I 9 L.., 0 d OF Sec. 2.1 N'CtJ`-ISSSUANCE OF "PERPIA'T"I" 'P(..,',))R INSTALLATI101,�l SERVICE U`I"II,.,i",r,IES ,a p,e,,,rrn,,i,,,,t to, c'i-it a tap a sie-wer or tia a ny 3. 1-1 t, J., n g o r I " q s, e VII (Dll." 41 f a C " I t :1,,. :ti. les and Coj,,,,,irriAy Departnr"'ier-r-t, of Wiate,'r shal rwwl. riiot :iss,tie a pen,,init to, -Lap a vvater 1-i-rie o.,.r,, Install any, 1irvrater f'a C 11. 11, t i- e s, 1 n -t h e ia:z-, e a c o v e re b ��y p, :r,, o p o, s e cill s u b d "'I". Wµ,, I 10 11 U l."I t2l, I E',L111� C ]"I 'SA"' i(�]-ILV 1" S i. C"'l, n I -i,, �, s b e e n ri, "I, e q e d, p p �r o v er,'J, a s re. b y t h, e y,,,),,r,o,t, 1" Of), S q, c) f t Y t-",; C h a, r Th C o u n t Y C o U 11,11 C 2,3, s h a I I r",i o t t a b: d(,:-,,,diLcatlo,n) or c.,�thervvise,, olr do any ir,")ep,,3,,lr or g wo r upon, s,t-i','.,,eets or p,av-erfien,,tsvoilater liries,, street I gh I'l ly, systems siFavve i -nes, or "in ariy way accept as p,,ubl,,1�,i wa I :L", j- Ul i, b d, ni '.°`r s, t r e ie, a ��v e ti, o r a rz,�, y, i, n, y st! j'"V"l s o n, h r ec a, , , " i- .. " XP LA, PO LlIt, e awn, ..I11D D 0 M, P J., i. a n, cw - t Y , "t h e p, r o v 1' si o, r i,, s., of" thi Is C h a- Ici "t, Sr? c 4,o LARGE SCY-'iJ.,,E DEVELOPMENT n P 1 a -a i,�i, c,r,:',,, s, w, 0, 1 . . ....... Excepiti,on,s f.2:-om spec."L'I"'"'i''C' CID i t, ,i e p r 0 W � 7f�"l C_,j (" V -,l a. p la n. I'D i to r wl'i e'r � ma y I p ro v "I. d id, 'b y I,, li, io, f t, it s C 1, a P, t I a�n�(J,, profgra,,ai� �lf`or. a com-plet(:,� a n,ei",61"i b, or h� io o (1, u a r 0, P P, "i'' r I, g C C, r 1 s c a e:, s li- la,rg,c area clevelopi-,m,,,?int, cl, e v e Prn'E' r prov 1", �,-J e s,; a de q LIE] t e li� r g, a r i ct.,i,. - t Ll 111" a p :L, c s p a c es,;, ,a tric"'I li',rt p'l�,,c)v e rri ( rt, t, s f o r t h e 7 0' I �PM" l r, e, C%,,,ir, :3 t on c, :r c U, 1, a t 11- 0 1, e, r. g ^W.. "i a *1 r ari,,,c], s, el, r"V'.a,-,c e ri e, cl s o f h�, � yin.. -t:,, r a c -vi I"�'i c,� f u 1 ly ��v p e, d a .IW cl, Pry' oi:�Yu�, 111, a, t, e d a -n d, c o v, e n a, nt s o r, o I c.,% 9 a 1, p ro v, s -a, c") ri, ar,cc, p-1 'E""I S 11"'I I '1" II- V i C a -,i, ,;M. o r rn. y a � s u �11, ( (I )'I o"o (, r �t o a r, d a c Imi� i, ev%or, ei, n, e rrt, o f t, "Y'l �e lim BILL NO. 75 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 66 AN ORDINANCE TO AMEND CHAPTER 9 (SUBDIVISION CODE), HAWAII COUNTY CODE, AS AMENDED. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 9, Article 1, Sections 3.23 and 3.24 are hereby renumbered to Chapter 9, Article 1, Sections 3.24 and 3.25 respectively. SECTION 2. Chapter 9, Article 1, Section 3 is hereby amended by adding thereto the following subsection: "Section 3.23. CONSOLIDATION. The combining of two or more lots into one lot." SECTION 3. Chapter 9, Article 2, Section 3.05 is hereby amended to read as follows: "Each application for a subdivision is subject to the payment of the following fee: Fifteen dollars ($15.00) plus three dollars ($3.00) per lot noted on the initial preliminary plat or Cluster Plan Development and for each additional lot resulting from any subsequent amendment of the initial preli- minary plat exclusively of any lots set aside for roadway or easement purposes or lands dedicated for public use. "The above prescribed, shall not apply to subdivision of land into burial or crematory lots within the confines of duly -established cemetery areas provided, however, that pro- cessing fee will be filed as follows: One hundred dollars ($100.00) per acre and pro- portionate fee for fraction of acre thereof. "The payment of the filing fee shall be made at the Plan- ning Department's office and payable to the Director of Finance, County of Hawaii. No portion of the fee is refundable for ap- plications granted tentative subdivision approval. A portion of fee equivalent to ten percent (10%) of the fee or five dollars ($5.00), whichever is greater, shall be retained for applications which have been withdrawn or denied before granted tentative approval." SECTION 4. Chapter 9, Article 2, is hereby amended by adding thereto Section 4.12: "Section 4.12. PUBLIC UTILITY OR PUBLIC RIGHTS-OF-WAY SUBDIVISIONS. "The requirements, including lot sizes, and standards of this code shall not be applicable to public utility and/or public rights-of-way subdivisions and their remnant parcel(s); provided, however, that the Director upon conferring with the Chief Engineer and Manager of the Department of Water Supply may require necessary improvements to further the public welfare and safety." r SECTION 5. Chapter 9, Article 2, is hereby amended by adding thereto Section 4.13: "Section 4.13. CONSOLIDATION/RESUBDIVISION ACTION. "The requirements and standards of this code shall not be applicable to consolidation and resubdivision action re- sulting in the creation of the same or less number of lots than that which existed prior to the consolidation/resubdi- vision action; provided, however, that the Director, upon conferring with the Chief Engineer and Manager of the Department of Water Supply, may require necessary improvements to further the public welfare and safety." SECTION 6. This ordinance shall take effect upon its approval. INTRODUCEDD BY: v Coun ilman,C 1y ty of Hajfail Laupahoehoe, Hawaii / Date of Introduction: September 25, 1974 Date of Adoption: October 9. 1974 Date Effective: October 16, 1974 -2- BILL NO. 68 \HMLNVzV) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9 (SUBDIVISION CODE), ARTICLE 2, HAWAII COUNTY CODE, AS AMENDED, ESTABLISHING PROCEDURES TO BE FOLLOWED IN THE DESIGN AND APPROVAL OF SUBDIVISIONS LOCATED IN SF (FLOOD HAZARD) ZONED AREAS IDENTIFIED AS BEING SUBJECT TO INUNDATION BY RAIN OR SEA WATER, OR BOTH, AND REPEALING ALL SECTIONS AND PARTS OF SECTIONS OF ORDINANCES OF THE COUNTY OF HAWAII IN CONFLICT THEREWITH. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 3.04 D 5 of Article 2, Chapter 9, Hawaii County Code, is amended by adding the following at the end of the paragraph: "The drainage map shall include the approximate location of areas subject to inundation or storm water overflow and all areas covered by waterways, including ditches, gullies, streams and drainage courses within or abutting the subdivision." SECTION 2. Amend Article 2 of Chapter 9, Hawaii County Code, as amended, by adding a new section as follows: "SEC. 4.12. SPECIAL REQUIREMENTS IN SF DISTRICT (REFER TO CHAPTER 8 (ZONING CODE) FOR REFERENCE) "A. FLOODING, INUNDATION, EROSION "No subdivision shall be granted tentative approval of the preliminary map or approval of the final map if the land is found by the Director, upon consultation with the Chief Engineer or other governmental agencies, to be unsuitable for the proposed use by reason of proneness to flooding, inundation or erosion by sea water, bad drainage or other features or conditions likely to be harmful or dangerous to the health, safety and welfare of future residents of the proposed subdivision or of the surrounding neighborhood, unless satisfactory protective improvements or other measures ar^ proposed or taken by the subdivider and approved by the Director. "B. NEW UTILITIES "New utilities located in the SF District shall be located and constructed to minimize or eliminate flood damage. "C. WATER SYSTEMS "Allwater systems located within an SF District shall be floodproofed to a point at or above the flood elevation level defined on the Zone Maps. Gate valves shall be installed in all water mains crossing the limits of an SF District. "D. SEWAGE DISPOSAL FACILITY "No sewage disposal facility located in the SF District requiring soil absorption will be approved where such system will not function due to high ground water, flood or unsuitable soil characteristics." SECTION 3. This ordinance shall take effect on December 31, 1974. 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It I" ol f d, C r al y 0 e fl o c) If t r a f f "l. c m c v e rini e ri, t d T^ , 'a,,i t im r, i a d d i It J O'n t e- It-, I -i s, -t, NN the cot "I 11C It i.. on e 'Ir e c :Lori Not, and of ]l,,,arO,.,,e, ot.utdoo,:L from, or p I ac;, e d o .vu 't o'�-,) of f U.,ui 1 cl-.I.., ng s wa s o r I" S, nv."JIC-'LLIT,Nes cons -I -i!or tt.,�vt e a, d. c i-,, ci a r ��i r t o p e d, e s t r i a r' -i, f .1 I'll, 1.�I, r, i f -f c b e,"mwum n s r2, I p, Yl "- "I L ng p e �r, a,., c 4,,ir, e r esp e., I al, 1. y di,,i ri vl%r rI'c3,, s o f h-'] g, v elo IL c "1. -1: y a,rr Of re V r e v a J, c n,, t,, ,a n d f TI la - t tile sij.,, z c a µyµ' d 1 o�c, a -t--i.,o ri, of s ucIr'i o ti, t gy,� d o o r s ZD Pip may,,, w"'Icont,�rc:) eWlae cor-is�t,ii-,u,te an (olbstac"Le t,cii ef-fe-ct" v r, e - f . f 'I te c h f q u e, s f j d fr, 7,7hia,A, the na-tt,)ral, beiat:i,-mt�yr of lar)dscape-fir., v -L ew a ir-id rd a t t r a ct,111, v e s u, il rII .we k- -"i, r:tf g s o f ��t h, e H a vv a,] n I s,,'i iiari,� c] s in c 1 ",rl IN tYw, C, o t, 0 f w a 11 c 0 ri, s t, i t� ;,-j, -t e s ' ri, a t ��t n,- c I., i IkY' on f o r �Prn O'U r a, - s, ts a r,,i, d of r lic", a n d I -t) Th, at a �-t at -i, t 11 a 1 s o i-i:r n c o rn, e a n, -ce of c th,( of' -the CofL,,irity of -f" HaI�vmraii JLS der",,%'red frcn et,he to,,uris frlM -ade; arici I", T`I,a t t, h, e 'JI, n cl, J.. � C r 1 rn:.'t, n, r,:'t e e, re c o n a, r -i cl nri, �--a I il-,i t,., e.,, r"ii ai n c c-);,, f large sig,["'Is sei.,,:,ILc)usIy, detract i'i e ii ':Flrarn tlrie erljoyr ef Ei J -.r e a if -i, d 11:) 'D L c) f ��t h e n a -�t ur a s c n c fib, ci �,,,,J,il t ty, of f -t I. e (.1 rj Iry o f 4 V I I., vii, n t n I" r,,i, j u r J"- 0 1) s Y, C) f f e c -1, �t 1"i e t o Lj,�,, r J., s t tr- a d e a, n d 't h e,,T e,I) v t" I'i e M econom,i,,,,c (,)f the Co,u rfty; arid M t Jw T li a -t 1 1, s 1`1 C!, c 1011 SS ry p r o ,r,,i,ivc) -�t i o, in a ri, d p r e zs e Tf.- - v a, t I.."On o f t, he p t i b,] J,� c 1�,.i, �e a 1 -�t Ii Sal.,`,oc� t y a t, -i d -v; e I., f a :r ef of f t h el p e fop of o f -t h. e, C o u ri, -t y o f 1-1 a vi a 11 t h a t ��t I L f i,e e r e c; o ri, c," o n, s t, r u c t -, ,i., o, n o c a t i of r,i m a i,� r:i t ri c e c), s 1, g ri s L-) e r e g, u,1. a n d, c oi-A r o, 1, le d S c 2 DE F J, -,'T 4-1 "r 1" )N ,A si u s. e,�,-d 1"" n t h� iml S111 C h a p t e, r t h ef wo i:, df, s a tri, d, p h, r ,a s, e s i".. n th c 'A, -j-, o rii s, sh a 1, J, f 0111.,, 0 W,,i,, n, g s b s e cO 0 e s h, le', 1"i, e p u r 1,,) o s r ei, of f 1"i a, v e t i e, m e a n:il. n. g s, re sp ca c t v e I y a s b ca d t:,,o �t h cr n,l th isi S e, ic t 1,o n, uf ril e f 1 -�i, ��t f o1m, e, i s a p a:r� e r c,o n �e Js F 11,1111�1` "C L 4"� C,�, a �:i. KI, I I - (.3, f fe r ei, n, mtn� a n.1 n g i- s i�. ri, d c:d lltm"" S C, 0 1 ItI a, 1,eto o f t h D e p t m e nt of Sc 2.6 0r wli,;ti r 2 9, n, S''i 119, r is a 3, S J11. le a ri a corrnpi].,(�tFD 1"i ;tot at-tacilied r a ff J., x e d i n a riy, lo, a, b tui I d, -,I''g s it ru,,, c t ipi a ly t it S ell c. 2 ., 80 fl 1111 1 uM n a ld S i g, n s 1,,i a 11 in ea n an,y sa.grn. vil 1"I C.0 a S 61i� a r a c,N,,, �t, e:T",,s, j.gns ox o"t. 1 le er s g, u re:s di", e s j, tF 1A e ii., w-ini 1". na,tie,d by el ect,r.-"Lc lights or, luminou s tuble s a s a part., of t1ie Inc S, i g p o p C)r Sleic 2. .120 i, c ij, n -it a c "h c PA, la,i:7 i j� e, e S g n, s h lia]. 1. n a r a i i, ly s,,. g'n, at t o lo, ri h ��u iri g, f am i,�,,a ',y r, qu E? e A, Ma, jr- ol u, e le s le a n a c: a n o p Y ,c), r c ov e,.: r e, d s t, ru k c tur e p,,,,r,, o ' e c a, ,3 C11 p cari,(,,)py, or wim it e L) 3 ,l d, i g b "x,11 1 d 1* n g n e o r p r ei r' t y S e c 2 m, 15 10 S 111 s a 11, 1. rn e z'i ly �s, P r,o,* it �A "a. g, 1") v), h,',]',,, c i i ec 1 ri, g, n,, :L, s a if f I'll. x e, d o r at t a c h le, d cl lcari d J. S S LIPPI e d s o le 1 y 1,) ly a b, �ru 1" 1 d 1 n, g o, r Se,.3 t r "U CtU, n,�,? a n, d e x Ur b e ly of,r), d t 11 e btj i I d""J"i, 1�il g vi�ia s, -t r ic it u r e lo, r p ,a r t s it 1�i e r le o f i,rn, o r e t,I-i fa ri� 5 1 n cl,i, e s ariV d w h,o s, le a n gl le o if *1 n,c i d, le n c le, t ol sia 3"1 d b u, 11. d,,l,,,, n g 1 s, 11:1 r u c u r 1 o, r, P, a r t s, e r e o 3 IS g r e a er it, 1, -),,a iin 0 d r le le s, c O'll 2 o 1 117 0 "If s m ie ai,i,, a "Roof Sirgn si,gn, erecte,cli, clon St":licte"id" la,nd whol].,y i,,,.ip,o,irid ave.i, the.,, r,00lf ofr` any bul ing Sec.. 2,180 s1l.all, un,-,tean and, i.n.clude every ls,,�]..gn, if k �,� 1�41 d e'v ji, C,e "I', L11 L1111 1, g 1, 1:t� w,),a * messlacje, placard, postor, n. t 1. n g d r awii. n g 11 b o a r d C ro t.1 S,1. g n r-i d, w sig in r o o f s .,g, n LI 1, u m `L n., a it c GJ sign, -o �ercta..ni,g P J n,-,a,,.gn,, tiampon ry si-ign, m,ar,c.,.ju.ee, �w n, n g I, an, o p ly a nci s, -Lt �ec�t, lc.'Lock, z"iln,ld E-;J,1a12f.. inclu6e i..)ny a ri o u n. c em e n "i, lio 1 ig n 1. a I . .. .... . . FE � Y 1_1 I u, si t r a ol n, r n s declarat,illo,,i'i, a it i cs, r"i d "' s, PA 'a um, to a(.Jvert.-1.s,c-,, ,c),i, �1,e of' any pl(r�-;o,ri, v,' 1 nt, cj r (11") �,, t I J1 n t1rile sauie 1,s p] ac&c out of' doc-�rs on, r&al. p.i,,,operty or bu-1',,1dJL'ng,s o �r 11q 9 �,w s- urr t u s it c-:1, o n, IL n vl 1. e w c) f t 1 -ii, e g e n, # l li-i "' c 1-i s, , d Se 2 20 IN 1, �, s �111, g r,,[ 4!'-.,;J-1 a, 1. 1- , TTi,,,ea,,n �,i si'lLig'r-1, vv 1 iz,,, affixf J.ng or structur(,l wl""�li( ri su,vc, sn, to an, lrxter,2'*.r,:,,,l wa.,11- or ra:ny 17)111-1-1 d, I d s h �:t,] p r o,,,-, ec lit n o it ritw, rl� e t ht a n i r -i c hes f:i.,71 o, m it 1�'i e blu:i. :,L nrc w, waw w s it r lu ctu r E) 1,:r:, p a r it s 0--i e r el c) if TO El"' 116""L TY ��Y." � w �4 pr y�, r r 'r �. (a i 'ryr l:,>erso.n,! v(Jio fails t,o comply, wl"At",i, thel M1 I itant to W wil le s e t f lo r t1"i 1 n; 'w.:. lurnt, r1,o,tji'.C(.', y"I i c 11 �s, j,s,s,,u (:,", purst.i 0 f tl :L, cl o n C T Ul p io r, c o n vl S c 9 o f J cl e 2, s 11, ("1 1 rr'% xl, s 1-i a 1 J., bilW hc)y ,a fine not exceed,lng $150.,0). h&ve b) f a 111, il re it lo c 0 M p ly 'W IAI�i it i le r le q i-ri-, r'n "e, ,II zni n Ls s ,f'o rth J ni a f W l "if" i) - -ii n n o t, i, C e s is u e d p U,r S Ui� fi, r"it 0, 9 W*, 'to s a Jl S. fe c It h - 1 r,,t� it h, e e 2 0 cif '01 ��f" U me p i".", E? 1. b e d th le ri le 1I s 1 b e d ec"-:t,r1i, le d a, F 11 "W, c 0 1� at co The is e, vii h,r, i -i i" n t 1"Te o pl i ln lj� on, Ccll't,,)rvcl 1 sh,a,.),,A. h&ve thle po,wer 'to grar'it 41 vari.ar,ices from r ww , t y Pi s 21, 0 "rill Of t-Jr,''J"'s Chajrxt(::?rT., to an a p P1 Ill c a n, t f o r a p e rrn j - -t i n a n y c a is e, vii h,r, i -i i" n t 1"Te o pl i ln lj� on, o I'll 1"'0 11 e, C o unr ty C.. o u n ic, 1 -1- f el, le n f 'o r c le im e t Yll,:,i er o f v j o'Lu I ici vito,rkl Pl, p I ic a r) a, nd vj,'h e rl e it, U P 0 11 ED, 1-i e g r a n -t,.l* f a v axi 11 19' 0 1, � z)i r i, c, e woul,,d riot, bt),:� cor-,itrary to, fl-te, sropi.xi''t c-,)-n,(,:l,1 T:),,t,ixl-pose of' -0-11's Ch �, p it e rl a, n d(I tl-i, le p ub],.,J,.,c 1ri it, e, r e s UM114 Arci ri,�,t 111' !r -i, 2, .3 Y, S J. AP P L I GA B I Ip I .... I Ex no t I-Ivi 11 -vv 1117,11 ��i t ri, r� t.,'i I I# Vol' i. se p:r,ov ickad �e I 1 1 b,cs u nI @ w f � 1- f o r an y s o n w 4C" 1 e r a I t e r lci r e] o c a t, e (31 f o rl, i�e con StrU ct,ed, I " I, CN--fe�ctive aftier 'LlIE" E,f dall''e of -Lh-l"I"s, CYiapite:r, any or vv,,"iLtI'w'uA, a v,:J1. ri,,,g and t t i r - g f r o �i'i i t h, e C hi, i", e f I E,,,- ai 0 1:) ��t a ned a p ei -T-- T 1 11"71 W, r .1, I n Se co, 2 w P R, OC E D11JR E 71 'fO,317 SUCh PO,,-,,,XMJts shall filie vi"th, tYie CY)"ef Slq,,JI(!,��.jd, by tl�i,rs� I-I"'aLIS Wo r ,s ,agc.��ntori forirr,,is, furnishr.�(J by the, Deplartment, of PubI�� ,� ,,,..I.(, ,NPIffir o n c lo n t a 1 ri, 1 tl-i ed o 1,(,-,),w in g fo:r-r.i��:i t:,a t 'by n I h, s.igi-i is -s to b,e cons,truct,ed,,, (n.rectreid, �C (2), At -i a c c uj,,,,, a, t, e d le ri"Iption of t]-.1ocation o:,VposerJ d hk ,1 t , m ei, 11, S, ia,i-i-d i"As re',,,lative to the buji"Id- 0 NI i"rig, and s-t.i:-,e,( t I,in,, e,(,,,,l i re-ci ar-rrzi� sa�g n 0 ir'l' t') p I "i, rii p le rt. 'n P,i 0" 1-1 (5), Su,c''h oll-ie-i:, e r e d b y 1110 lic um., c PC 3 PROCEDUTIE FOR, SIGINIS a I 0A 1�,i 'L f'lor, a SJL,�! r t , -1 c, le I e ct,,'r., c:'a I 'V� err to w1i.r.:,irlig �-,,anci c.,.o,r'mect,i*ons are to, bic t )sed sl-")#�11 b,rz:?, submi E, I c c t r i ca -1. "1 r-, o,rl Tl -ie Elielict, 1'. 'A "-,,:r,*ca.1., Iri,,spector sl'i;,all exami 1, 11 Ell D the PI,an: ar"A !-,pec`*J"ca�,t:,* 1, 1 1, o, nI s le s pe c t i n, g a.1 ,I w Ji,, r 1L.r a!W, aror�a c (D n w'. (c. c - t'i o nx s t,o d et e r rri 1*. fl; I f it I "t e s a, rrie c oiilit p 1 y %rv, L it h 1,01i, e E 1, e c -L r 2". c C o �d e of fli'l Cour-fty r�TM G`I�ncl:'11 'he shall aj,)prclv,c V-,icz� applicatio,n 0 f lt,'Yi (a p la n s acn, d, s p,(;-� c i f 11". c at o n s c o m p 1 Y W,i sa"d c:1o1c-J(, I oxrr, ldi's, t h, S a, J`- cl c o d i S appill-I'love appllcat.a�.on. l noncornp1-ia,r'ic.( vi fl -A 'I'll c"11 fc), u n d vll-,,te, act-i"Orl of the L,� spectox� shi-11. be taken ,r)rj,.o,:r- to submi's,s-lori (,),,f tl-ile, ;-ip'j,� to tln'.,(:.� Cluef Englr'i(:��er for a Se c . 4 ip FEES Ez n -,f )erf,T 1, -1 t d, e,,,r Eve, ry ap p I i, c a n, t, b e f o r e b e i nig i ri,,a lk,:' d a, fi,e r euI i,,, 'by 1( ,),r r s i. g ri r le ig u I at le D le -c S, 11 aj' 1" pi ay it o t, 1'",i el 'f" D,� ig 'h s ch a pi,t le, r ;,wi f ee tv 1-1- *1 fc,,-, 1-1, S 1-1, "'Ti 11, be IIaz f oll, � 1. o w s Total ValLLBA1011 0 f, Wo,rk F± o im $ *0] t o $ 500,. F:r"w"ri, $o.,I. to $11000# Fro,,,i,"In, $1,000.0.1. ai,-i,,d en-,bov(.�10 Flee to b,cc" a li, d $3 $ 111. p 11 , U, S 5 0 (If, p ic,,! r $ 10 0 o r f r a c "Ll o i I a d ViD, 1. Lla t .1, 0 1-1 0 f wo , f f J le e s, t,11''In a t le d "V a 1 u i o n o f i o r IJLur IIw ,S le ic DISPOSITION OF PEES TYile- ?f E ri) g Cl -ii shx, a 1. '1 'i, n, l r k le e p a, r-1 a c c c recol-A, ain c a for'M a, p,.I-ovel,d ,P by D1'Lri,,1,,ctor, of Firiance, of a ,11 f le es c le i "v le d a ri, d ,sha],J d,epo,s,.-,ij.T, All all feeis recej,,veci vti,1*,AJ-,1 H-,ile T'reasurer to tll'ie cre-.,,,(,:J,1`t ,c� of ftl,rl,,:J! at ,least once eadwi, viijeekl- I ."l reinder rc�rr err^ IccOlun't of all p(arm":1-AS ii-SSLIec"! an,ci i"norues rc?ceived, Um 0 t a n. flo r p ub, 1, -�,,i n ( , In'), 0 r-1, -L 1-1 0 U, n -L y, Co, a r,,i d s, F Iord o- a,' 1. pe 'a is, s, ltIi e d 0 Sec. 6. P E'T ISSUED IF 111,41, C 0 (111 . . ... "D I N TY i EN IC I E -1 ER CC, R "T 1 1 OF 07 .,r,, upion thicn, It be ti-ic, dt-i -1: y c) f lz,, hi, E'T" le,c ng of ari ppl."Lcation f c:),,r i pe.j�lm�lt he'rieunciver, to exarnt.,,ine suvc i n `f L c a t:*L o;�i 1 0-1 ie,.- p r le i c. e s speci, s, a rvc3, r) -t h ler�. d a t a a ric J1` t ap p ar, to le Ir, e u t a, s p r 0 p p o n. w li, i c c h I PIP t, t e p'r lo p los ed,'' s, g ri ""I s :i -n, co c) Tn l a n c le L -a t h r q L I'll C� 11w.le a a rI, cc m n, s o t o es, 1-i, e s h, a 1 e n. T'J"'), ell C rIl ,a n c issule a p er 71 1-i a rg le d vv, h f o 2", cClTiertt r d it, io,n, 1"ijiereof 0 a., s c 0, le n t s, o f f otliar,, depar ln� I necc,-::,�ssary, the off*c r- a r c le a S S, 1 z3 it h e Clo, u n t y o a w, C-1 S 1-1, a 1, 1 r e ri d le r S j, .1s,s ��v cz-�, d e p a irtm en it, s 1.i,:l r es p e, c t,11 c o ns s -t e n, t -1 s -u, a]. (.1le s o e I'vi", Fir Sec 107 0111" PE -1- A perrina"ttee, slILI 1-1 ID 0 nw " Eospry "�, ftile 1 n s t a,1 1 a, lt.],., 0, n y a c tfi le "t_ 0 'rl lo, iri s t, r c t:1,.le r e c 1 o ri, r le 1 o ca t,J lc)� r t le ra t,, n,o 0 rill p c on to, b e C'h,,,:L le f E h c L g i..ie,,i-,� vt o f; h a J. 1, t1i e r e up jo Pi c a us, lie a n Al Pe vim's e� Una (,l f E,,,n, g 1,,. r-iee r Y, "31111 'b e n o n, - it r a ris f le ra I.,:)l e ,rri, aci e r rii, S S I EM ir ail"i, y', r in is hereby aut1-,io:r-,i,,,Zc-.,,,,d ar').d e�rilipovivel,reld -ito re'voike le rf 1 b y , h, 1* ryl III p 0, 1'"1 Fla 1'.1. u re, o f tl'i,e ho 1 der -[,hereo f to comp 1. Y' wi ti i rt y a P11,0V I sa, o n o f th (i Ch ap t Slec M JL1,A,I.FIC,ATIC')'!,,4 C')',11F PERRIAIT, uA h o r 1' z le (3, u,r1v(,J'ra pe r,nm:* t ,L, ri lo, stant,"'i-ly corILete-ic,'i vvit aftc.r date of i,ssuance, # eI it , "1 in.'tIt,, I lts-b,ca v o *1 d a r,I,cl, a-ri y s ic I!c 1- -1, 1, n is n ray d -t 1,�i e re a f t e r i.), n d, aril, G 0, 11 St Il" L1 it e ic], ce r e ct e, d, r e)- o c a, te d, o r a 1, s, tI clie h, pc,�,,rm Jil- s Yi a c o n s at teirmis of' thi"E", 1 ut e a v o 3. 0 t-1 0 i ,a p we r . r- %" x 11110 j '7' Lki' I � I. , � f L 11"TJ" L S I NIS st":�%� c 9 A'13 A TE M I' I "'I" AND R F" NA W fire e %r r t an y o f r o' 1-1! 0-1 i'r n le r r','iy s,':,ii., g Yi, a s, b, le n c o r"i, st r, -ui c I"try, r d 11 e-te:, le ct d 11 c) r I',. s b c,�A')*_ r,-') C3 "I'll al, xie Al I d 1 n v 10 o n o f an y o f It e �t le nIn, o f "I s C"h ca, P,,t e r, o,.Y,nw, ,a p le r irn 1 t le f ci r I s b, le le n r e v ol,,"< le d o r c c m e v o :i.,, d o r tha -It $ # s, i g If i,, s e 0 r :"i,ns e c u r czi, o, r 1" n s t,i, cl-), c o r'ri (:-.J,�, 1" o n a s t o b, e-,, a, M, e n la, c le 1I o le s, a f e, t'y',r , , xw ,ry I r,: I nx� � b 1, J h le � �P s the sigr"i i �s a n, o tii,, c Ie i. n 'w 111"Ir 1 11, n kc::i, Io e o w r -'i er o f It h eI s ic',:i n o r, le w 'n r, "T o 'i"n "a- k le 't'l),e s, le c 0 m J',"�J Y V, ,,1, 1-1, t 1", I "i C'l-iap t;,'* r le q "i, It s o tha" le m le ir Fw r le n, b 1. cn�, t, e, . .... . . n"I s 1-ia I I b e s t, a t,(-1, d i "I)� "s cl'nr)' w 10''1 �1'1 s' I'J'1, 4, VP n ol It 1, C I VIV, h i" c" I p a,, i"), :r'i (".:� ic -a, s le J b e, 1, e s s It h a r 1, 20 �,,Jka y s, no 'nrio r (: v e n It h w' r, 6 0 dIa Y notilc,'e i'n,ay be, g.' by servi,ce, by d le p los, *1 t r th le r e o f ,I r-), U" IS ma 11. 1., n a p o s t a, g le C'O at,-3dressed t,o t] i'lle ,,strezet a(ziciress of' thIc� prernises UPO' 11, W 111 c h stic�'')i� s, 11 n .2. s le, r c izi o r rn, a nt a i r"I El d o, r by p, o t '11", 1"), 9 a copy t1-iei_)1eo,f lo,,r",� tYie upic'm 3'. vv'h",ch, such, s,ign, i,s erected LC', 01, rflalnta'ined. Upo'ii fallure to, COT"n'P1111"Ily W*th 'n'O.U.ce, v 14111111-1 �hcause, ti -i le It .3. m e m I n t,ii cvn c,! ,,., t. , n t he I C h , f :i, ir c 3 ,E n, �i, le e 0, c- S' 1' g n, 0 ]t"� s u c p a r le, e o'.f a_s is ic or'),,, s t c It, edl o r rn a ."' n, - i n le d, :L,,,, 61 01 t h e rw 1 S, 1'. lo n o, If It 111 S 1 c� e d, so, a s t C a p te, r', t o e r e m o v e cl� zI t le , le cl. lo a,''. 1 7 C''P a, a conformiLrIg �)�Jlll shi 1-1 c1-i,,arq'e the Oleil"C'n"Of to tl"I("'�" p,,e,r s,( ,xti, I'll", s o n o t'.J_ fi, d, W1 i, e r --i a t -i ��y _i. �,j, *6 i s 1 n is u, c h c ar"i d 1' 1. o "t i, a F to tiuWyof' thIe premi",ses ai--i,d upor""i vv'f',),1L11c)""i, the sigr"i i �s le reC t E? d., 0 17 lnll,E 1 n - ta d "L, n �'-f c), 9 S, C p ( r s o of' It h,c v o I a It i c, n o r o f t d a In rc, )'f c, %D�A(.OI` e,i g t c),, a i""ii. d id, 1, 'r, e C a to ;.u. 4, alteraf�,,ion ol", or clic.") or as- are nc�,Mcle s, s; r Y o 'i"n "a- k le 't'l),e s, le c 0 m J',"�J Y V, ,,1, 1-1, t 1", I "i C'l-iap t;,'* r le q "i, It s o tha" le m le ir Fw r le n, b 1. cn�, t, e, . .... . . n"I s 1-ia I I b e s t, a t,(-1, d i "I)� "s cl'nr)' w 10''1 �1'1 s' I'J'1, 4, VP n ol It 1, C I VIV, h i" c" I p a,, i"), :r'i (".:� ic -a, s le J b e, 1, e s s It h a r 1, 20 �,,Jka y s, no 'nrio r (: v e n It h w' r, 6 0 dIa Y notilc,'e i'n,ay be, g.' by servi,ce, by d le p los, *1 t r th le r e o f ,I r-), U" IS ma 11. 1., n a p o s t a, g le C'O at,-3dressed t,o t] i'lle ,,strezet a(ziciress of' thIc� prernises UPO' 11, W 111 c h stic�'')i� s, 11 n .2. s le, r c izi o r rn, a nt a i r"I El d o, r by p, o t '11", 1"), 9 a copy t1-iei_)1eo,f lo,,r",� tYie upic'm 3'. vv'h",ch, such, s,ign, i,s erected LC', 01, rflalnta'ined. Upo'ii fallure to, COT"n'P1111"Ily W*th 'n'O.U.ce, v 14111111-1 �hcause, ti -i le It .3. m e m I n t,ii cvn c,! ,,., t. , n t he I C h , f :i, ir c 3 ,E n, �i, le e 0, c- S' 1' g n, 0 ]t"� s u c p a r le, e o'.f a_s is ic or'),,, s t c It, edl o r rn a ."' n, - i n le d, :L,,,, 61 01 t h e rw 1 S, 1'. lo n o, If It 111 S 1 c� e d, so, a s t C a p te, r', t o e r e m o v e cl� zI t le , le cl. lo a,''. 1 7 C''P a, a conformiLrIg �)�Jlll shi 1-1 c1-i,,arq'e the Oleil"C'n"Of to tl"I("'�" p,,e,r s,( ,xti, I'll", s o n o t'.J_ fi, d, W1 i, e r --i a t -i ��y _i. �,j, *6 i s 1 n is u, c h c ar"i d 1' 1. o "t i, a F to be a nm"nnm'(si,,d1*a-te, ai--i,d pe"Irl"1_1 ��to sa,'fety of tf"l lie p'Li b'],_]"" ic or to, prc),per-ty, le:, L Cl",v ef Eng,,i,,,,, itee'i: 1., -'wx ,by ld t or z E, ca u s le s 'u, c 1"i,, s,l I-') _j� i o b ce, IN; Po WI y d vv, ti -ft lou� -L, n C Mm A ARPI,"J Pei L E i13 S ecc : P El I S �z]; IB i ,,r.,p0 . „m, !E-31 1 1" >1 J, 'Y On I y, s, u d"'i s 111, g r,i,, s, I. cz! a c h t y -,p e a s a.i" e, p -i- e s c r i b e i�: i e -r 1,rl below• w ver &I -j c o, o r.riy,... 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'b e s et ba c" k no -it .11". eis'A S1119 .1, e g Yvt n, a r e ,a p o ��ti a ri wa, c, a n,o it e xcee id.1 �ri,, g 32 qt.t a rr, f le le s t r 'k,j c t ur e lc-� r"i, t lca,, p r c,,,, -t r) i-s r el at ;es ,i,,ng to bt,is,i n le s s, s c,o rii,cd, u ct d i le.7r o ry � c') ,m w An y 1 19 fill p e rm Ji. s s,:*i,, �'b I e tiiri�i. id le ��r s it,'I bs e c it 1'o i b') d') "'.,c t s ,All classies, of bus.I.Iii 1.1) ci Ligl"iteed o,.11"1 I G r""i One e cc�.? e t area uml iglirteci nol excei t-i-g 32 s :i n 0 CA 0 premi s e s, s o ri t I' jr c,,,? lat Ii, riig t io b s lu c it ed IN i d le d e t-,) U JIL1 1.1 id n f r al, t W, c I'l o v b 1 n s, s a *1 d s,i rcl :1') .1". s; d I'l. !,".35 p,,],, a ��y, c.1 s Iri� �.I �b e; s e it ba c k, i"I" o it 1 le s s ith, a, In e,r,. "r r,o Tm t I i p r o jz,rt 14, rv' a '11' d p r ic� v d le d if u t4.." ! r Wr is Yi a le xic,, e E"Cl J_ 6 f e le f ND th at t, Yii.! I 1� le I, g 1''I, i-ti Of, I A, I` I n o t le, g r o ti n d. r 9 n One, g iii. i( n h t lie d ,o r tii,'i-i_l g h,,-'L e cl (2,) Imia qu le E, S is *1 a ble .1, e a, r qu ee n, o t e, x c e e d: I_rl' g t t a c h le d ,:,)i th e u n. id, ri s . d, c), f a iTi n a r c,�,,-,,a , a., �i'l, le s s c, lori,, d'ti c., ed n rs qL11" cl. I"' C if e, le it for e, a c Y'j, b u s, lo, i" 1 o e, 'hleow e r d, ge, s f st,il chs, 2-,g msn th rm i-s spov 1d edt , a ra it e a s s e ��v e ,a n c) o n ei - Ii ,a 1, f if e le, -L a b ov le le stu, e io.f itYle, g:r,,owr"d,',,, ar',,ird d, e �,,3, f t.{ Ill- -i a -t, txii-iI'l-, rl r''I 0 t g, i"i y b le, a, itt zi it io M"i e "t o, ex f a c e, o f t'Yi ei m, a r q uc le for on tYie pfref'°rlii�',';ies, Ilk, # d ic n a j,, le f 'ie ,z), t a t rl,g t 1 11 c) J, 4 Roo f' s nud,, 0 1-1 E 0 0 9 r 1, 1 "'41"h'", d or L, 1. *1 g, Yi, t n o t x c ee di* ri g 32 a r e, f" e eh t i n, i z:,) t i ng to a, c"-,,orv,--1u,cted, or-�i th'e pren,,-i:j*...sesi, pr o v I. d le d s t.1 �,:,-,,h s 1, g, r c o, e r c) p r o c a b o v le I, e :r, 0, 0 , f ri'll r-Errr ? o r , i, e ric)Of sigr-i, mountel(,.,,l (�l a s2*,-ng.1,,e--stor,.*1.ed a flat i.-oofj, cioes no -t extend r,r)i,(,.-)re than it h r le le f ele t a b, cd) v, t 1"i ir r o o f' I i -r i, e a n d, pr o v,i (J lc-� i( fpr, he� r t1riatil a,riy, siuch sign, doeti no -t conta in rnore than 24 i - riches Ji,n ll-jcaigl-vt. in a r e,a r e J. a t i n g a 1-1 s 1 g 1-I, 0 n, e, !�gl -r-11 e r.-3, or u ri, - nj�,� c -ited, I o:r jAhear 1211. g I E I i dirig to whi"chi sucli of -1:1voll bui, I 's �L I gr'i, 1 s a t, t a c, et,.J, :r:,, e 1 a it n (,.�4 to si. r"i e s s e s o ri d u c-te d o n, rwWr e p re e s z!i, nc:], rl�t 0 t x c r,"-! �:J 2. ng 2 0 p e r c e ri, t o f' t 1),c? r i( a o f it h le t o a c,,,, x pos le,d w a 11. I . . . . . . . . b e o n %rdri i cl-1 is u, clo') g st,-i, a 1 1. 1 e ic.".1 lo: -w. x ecl SII n, g d " s, p,'l 4 0110 s q livar e f'e, e- -t w, 1-1, lic 1-1 e ��v e,3. :2 s le e ssr, L 9 n s 0 1) J-1 ryp idryel 1 d, e� 0, �f t 3 ITI. 9 f o r e a c-, 1-i 'b u, n, e s s t 1"i,, er e.:,L, n c o n IIS" u, c le d s al 1 n to t le x 20 pci,,-i cent, or, 400 sqi.,ia:rrMe li, c 1-i e, v er i is tl-ie e s s, �fcet, "Ll o -f Mile area o,f t,'Y,,ie, of" tir"ie w a,."rig actually locica.,iplect 1. d i by sail bus:i',riess. e) All classes of i.nAus-tri, 'al d * - "L I Ari, ly 'm ar,T1,J,L�1, CE" 0 17 j e c g : P t irl r -i, 'I p le rnm i s b 1 e U n d e r s-,v,i b s, le c �t 1 o ri d 2 G r o tu, n fd, si- ig r`1 GN^ . e g r o ur-,i d s a". g n, 11, g1ri, t, le, d o r t.) n1l. J., ig, h, t, ed ri, o t e xce c% ("I ""1 119 7 5 srs, q U a r e if eet in a r e,a r e J. a t i n g to busi. i -i! e s, se c o n d u c t e d, il,:) i, - i, th le p -r rml, s es; a ncl not �e� x c le le d it f r, o in, t IN= -,j, t le pm �oxr- 'i, i I 3) Roo f sJ g r -I! 0 r 0 z", s IJ gI c corid,(.ic,t,ed or, (11, c,(:.-), 0' -1: cz,,� c�i, vv, h a C, 'W'.L I p r eni, lc-r� p r ov c 1 (,,7,1 d , ::,a o, n, -j t - C) -F e ci," s r -i g,,I, e, - si,�t lo, r, 1 er.1, s 1 11, "1 J, "r, )f I c ,b u 1 d i-n,,c �It, h e I -ie c;I-, c ia , I s 141, "0"'1 s a g r, s, 1")i a 11 n, o t e x c e e d b o n,, lo, t h, er t, ha n m, o r (:l it h a n f i f e e t a'll:drw�u> v, t 16,1, (c,,1 roof -0 s s 1,--I I I. - ,f 1, a t - r ic�) o :17 ("'nd, �S I,n �r s t co::,) r (,-"j d btjJ "I'("I 't h, e S I IF "i, e a r,'i, (1, 't h, c) s.:"t., i( r -i a ir- e a -,i n,, o t p,170 c,t, J �e ia, b mob v le; le -a . ve I -r t. c a, a e c 91 cil, be 1 le ssz ..gnu Yi n n e - f cl�l f tl-i, e 1:)Ir 0 of Po-,Posacle ti-i.le, r(.,:of cln w 1-,i� i c 11 s, p I a ced, or 11Mr"" 0 0 s( Eta, i r le f e le t vv lr-i- 1" c-1, "Y"I ED, %rer sl-ia 11, , b,e the, le s s, le zr,, 1� g ri 1 g h le, d o r u n 4 W a.- -I s,,,]*'.,g ri, Orje vt'll a I I s I g h't ci ri pe r s d ii,,:e e,,, "I lr� c> f -1: �i, e b u, 1, d ri c) wl-i...4. ,cln, s c 1-1, 11L re r mAnn 0, oil "(11IM1111) iuctelci, (.�)l s le s c, s I a, s z"I", t, t la c I-) �rZO r el a-rz i f g it o b ij ,3 r,il es t p .-r,, e a fll ri, o �e x c e di".. ri, g 2 5 p e -Ir c enr-L, o f it I -i e a r ezai C) -i, c h :s, Li, c h, s ai.gl "r, -j s ''!I o f t he o e x p o s e d vvr a 'I".. I lo v; I;-],, 11be F b c is I'S 0 t fo d .11. is z e 9 tPI eaich,y�rr-iot e xc',: le d 2. 5 p e r 0 n it o f t 1--i le a, a o f he f -a c e o it, !"it e b L,i-i, �`t, d,.'i,., r"i g a c tu,, 0 lCiCII, ` * e d ,p b Nyr is a ldl, bLu, s *1 ri le s s Ell src,�-c im, 2 SIGN'S I -L, s h a.111 I b le u.n]. a f c,,,� e r le c it o r m; a r a-1, ri, Anly s I -i di, I-) y r e, a s or"i o -f *1 t ss *1 z le o a lt,ii. 0, n moh v e m,, on i coloring rnaniner Of d"-3,1_1 tutlo,-�s a trcaf-f'il i"haz rd, r o z,', d e -t r irri,,,e -.Ij��jrTM t, ii t,c.), -tar, a �f f 1, Ec, s a ,f y, Y c)bst-T:-,,uct1,,n,,g tl-ie visli,010`11 of dr, a.,, ��v e r s o r b �yr c) b s it rL,,j ct a. n g o r Ell O'f 'a In detrlaactain,g from tl,�je vl",I.s,,]*,..I�,)�l,,I..]-��t,��y fir. f if I c llcll t r a ff i c c: o n t r o I,. -,".,.n, g o '-i, le a itt le ipi. t i ic), n o, f Lv, er "t J* d le Ev i ce ol, r b ly d, r tending to, d v 1c rt tI Op e ll -i ,Iic s "i h e -L-r f -,fr',1 c i,"n ove r r�i e n, t o n, tli,e of a publ. c stree-ts, a n, d i c) J "m W -III, C), ri, c t.0 Jer 1 gri s eryb lgl (,5 ABmf 0 1. f so p e r m 1 te cl u ii cl S"� e c 1 1prl-llic;�ii arre obsceri(:,,.:n�, 9 11 1 o i,, -i ge c o i"",ti d,'Ll C d ci, n th. e �ip rr u,,i ]"1. '15, 1.14""), Of I vii cl-i q, -3i,' uc h s a -g n, s r e, i,r:n, a i n t a 1 -ii, e ci c 3 EX E 101, 'T S I G I Th,e, 0". T ,Po,i g typ e s o fe e x e ri ri t Ie ci' F rcxm: a o f tl-,I,e s 1, g s a r X j- err), el prs,..ioris of tl-ils Cl-iap-te,�i,,,l e', cept fcxrl, 0 f S e c 3 f Ar I,: ii, c:: 1 e 1, a, r, icd c), f S ( c s 2 a(I�vrorcnd S e c y° iµ 5,( a a r,i b) (1c) ai-'Id (.11) of Art-,"J.".cle 30 a) s,-;,-l'*-g,l'll's 'Of a 1:,e.irnporary ria-t,i,-,i,,re, vnil"�,,Iil*cl-1 sh�-;,ill ISM, r'l o1-19 S .1 9 S ig n s a ri i -i, c,)l,,,t 1, r rt e. n a el s d, ,o f a c 't E? C,t,� anlcl/or of a bul 1 r,""i, i; 9 rc C', a',ir"I! ll� 0 11 S, - c", t 1 c a. I't e c t s I" d e :l `li,, e 'I", rp o �s; e If c"J, Ch "t e r .1, 1 r -i g, e 3. g e o, e b "A cd ir,)i t e r p, i. a,,, s, e o "I,alu :L I i- ri�, g :i s 1 t -i. t e, i' -i. d e d p r o vi (I e d s tl, c I -i "l, 9 n, s f, 0, r w h .11, rcel-i, tIl-i,,, e, bi i- cl, s li a 11 i-io t excrecl. 32 I w yre feet J".i-i 2) Fielal en,tate sl,f,,.);ns not, exceed -i n g Ve ii- gL, t ,s q Lj, a r e f e e t liri, a r e a, aci %r �-t.1, s,l ri, 9 tl-i e s- al, e, r e irt t a 1 or lezise of t1rie Ol I iull","1,,,,i,,'l'(,,,,I,-,t, displaye,c], n,ot mnore,JI-tan w. 00 e n, t a Ull '11,51' .l 0 o n, e,,� s u, c i-. g in th'- rr-ale, j,,. or lease of a 1 r'i,�yr oll e I r), o i. -i, a r-iy ,s,"ble 'to -LracvE"f,FL(,,'- p oceec:i* d' re c,t " V 1, c 1, r :1. ri,,g 1 r o,,,r o ri e s -t r e e t * * 4 k ri g tli,rRrs ub - ,, ion, s, i cj-,s i icr,,r, s Wn: i -to u i -lc I br,-,],,l, v a.. sk; ec ot"i, I"i �(z d i. v i o n a n d -ri�ri p r o v m e,t- c) -F p r o e r t, e c), c a p c p 14, c) t y lw'O'l 0 ID e Ji -,i p r o v e ci' n o t e x c e ci oii.. e f"(")r (a,r-,), *I e o i� Of o f, stt,,, c h p r o p t y al.o--i, g e s tr e t mom" n or p,r-ov."it"Arad 511.119AS t-mt exc�,:.c-,32 ,s qta r e f 'CII-�, c;%'t i. n! a r e a St""I" cl-,I�S'l a ir.IM o t" I)e ec h, s 'b e e i,i, U, rl "I", Ii, I. a '.d"o r ma a pp]. I., c a t J", o n, fo,.Tr� cl ]",V,l S n 3- 't e Co i,-,vt y o f f J c 'a 1, S IS a, IC J f 1 c, ("I ""twi, 11''I", I") t 1,�I e api,-,) I c I I I IS" JL g n s a re, e x e m pt �,J f 'r c:rrrl t,I,,,,I,,e p,.rovl-sioris of 41, for ,a per:'Lod of or-irre,,, year tf),,e dinte, of" erect"uc,)n of" ,P L � '' ., - eported -to e r e S U C 1`1 S, I �g t I'v'Y'd c1n, d a t e o iF C, t:i,on s)-),iall, be r '011 tl-,),e Cirl.11-ef E gi"JI, eo'll 1") 1 n 3 0 d a y s ia-, f 't e� r su c-, 1-1, e .-r',e. C lt:,L, o nt f i d a.s co,mipleit(�,?d (:,me yl,, �a,�i:, lia'-fter of sa.),d SIL 9 11 ill -I r'111 Peric)"t"I o w e d of exenlrptic),n r-,ot, t(-,), exceed one yc,�.iar sl k�, P a, ed P la Y s ie,- -ce &r, ".i ri, c) u n, c g e x c, e d s q u, a' �� e f 'oc',i, Clw i h S, L,11 011 T"I g P c:) �f f 1, c e p r ov, i" de d, C, 0, d a t e s s e k, 1" Sa,-gns, lor 1,-),,osters shia,,J 1, 1-)e nit,ted, only for, a per."' 31- 0 (2 10 6 0 cl, ay s, p r �� cl, cdz "'ir'l g E"I, g (":', T --I, �( r a, I r,,,) r s p ec j. c:ill I e c -`,L� i. o n a n, d f," r Z-1 per,2,,,Od of .1'0 days fo],,.11ow,,i,ng e.1ec,t]-.,CYrI# t,i,ot to exceecl seveln, phi i,,'fix ys dwiring any calc'-,rn,drar: yea,,r. b) Sm a 12, s:i. gn, s # Snall. sill.g"rill"'" riot exceeding two !i feeN i -n display SLIrfaCe'. 0 91 c I in S t, , i t u t 2'. on a S,, i* gr, -I, S . Any s,,J[lgrll, 0.7r-bullet.."Ln board I -ig fc),i,��, th o r c e t -i! o t t1l, e r"i, a mi e o f an, �ly u b 11� ic c 1-1� a r 1 b," e sett NJ P t,u a. -or') 3, I-ien locaticid on, tll-ie premises of s,u,cI,.i o r r ell ,'L 10, uso; 1-n 9 o t, i tu t, Ji. o n, Provided sticl�,or btullet'n b,o,sh,a].-I. �r, eXceecil 24 square f ',e i, r -i d 1- &1,:), a s u r, -F' C, di P u b].. 1 c S 1. 9 11111 S 1 g ri s o f a p ubl :i- c n o r -,i - C' 0 M Tn er c lal 1 ig ns, d a g(" :r, S :1-- g 1-1 S, na,ture,,, wlt�iclLch, s,hall. i'IIC]AJdE," --ig sceil�i,:tc or, 1 c'; 1,n, t s o f p a, s s j,'. t"),,g s a,, g n s s a,,, J., n d c a "t i i, al PO lk, t land, al, I s] d le s ,L g r"i, s e r b y, a p c o f r a. 1-i le b p r: rri la,ri cc.,�, o f a pu b.l. c d u t 4yr hyo le x ss �t, g le) MIL, le c. t 1" "m4 r -i a 1, s 0111i g, n s, i-, �r m,g a s d Li,, le o,,n la n, s is e, v,,,i very �ii, n, s ito r le s o r t, s a nid plzi, c s if 'or wra C a iT P 1, o d n mwm a i, -i. d e, al', 1 r g 9 .3- 9 �3( A.y w l�i-i (,-:4, n, s t tch t.il s e s ✓a r le n o r e 31 --it 'i:,o rit le in r,ee it, vi..syr 'ble f� ri t. 1, 1 1 in, s 1", A 0 g, "a,, y, p:,ii lov d le d, su c I-i�, s, i., g n s, r I a on e s q ua, e n o x,c le ecl r 1.ng sj,,.gn lo, if 0 o t i, rl°,i w rw e a o, r :r, le f)' ri. e,a t e r� s IL gill aq rs MT:�, u V g I el e or lw',�:I, s I g a,rm c"),Uun C 3" i,ig a b,,l'* I I g r a c p r Di. o v J. (i ed, a i ,i rv, a.,- .1, s i IC dP gr,,i �,J, o t_, s ,r e, x c, e e d 10 0 s 'L,,),,a,r e f eet i r" e a r,e l< 't le s st),,cll S:L, g Ror)ria,) ai,,nd table boar( s 1 gr i s zi s,3' i r,,t Baa jil.ng ro, o m bl f'o.r reir,,it or ti', le bo 311 1 n o it e, x :,,et J -..n ce (r,,, d, .11111" ri;, g el,, is c:j_ u, a,r e f �e and located Ji,ti ar"i, ar,.,ea zo:rriec"I", fol,...�, :r le s, *1 d, �c r i t 'ILa 1 u: s e uLw S S I G tsl'�S, e c # 4, N C) NT - C Nil I ) dza te.., o f tl'i, I s e f f e c t, 1 v,,, ,Any s, r c t ed r.], o r it o �tYll C I -i a P't F:�,,r 41 i i -i, c o 1,,,a r,i c e W:L e� I en le x ss �t, g n s, t a t L,,i, 1: 02, 0, � o jcl,d 1" na n c e, s za n. d r e g i_i-J, a ti., C) rl S s 1"'),a I I b e p e -r, in, i, t, t el,cj, Y n,"i,a,.:L,_ it o nt aLr') L,"I i,. n g si si, u b ec it it o tI �j, le f o, 11 otmvdi)i g co, rrrl �t i- lo, n n lo, n - c jo n f a) S a if e cor,idl, 2. J_ 0 "'t I N,,nn,-,,co),t,ri,,].,],,,"I,g sl iiall be tai",neldl J.n a safc� condi"Ltm,sil, ar�'id shal.1 not, 1 1'), any riespect be dangerous,i to� the pu,bl,I:L'lc or -to prlopeartl�. b) Upon reloca,t:Lon of arty r 1.ng sj,,.gn lo, 'the (J i' sc ni _a n c le o, r :r, le mavza fF:,x.,l o ai 1:, 1-1 le ip re m 1, s e o the aict� V,ity f 't,o c h, s uc h r,e l< 't le s st),,cll S:L, C i --i c I-i, aI. 1 c le e, t o be izi fh S, g 1,71, cl 16, Id. s ha 1. 1 A'i e, le, a f it, e r 1 b, e, P e : in"i t t, edf to b, le in, a ri ta ri� y u p o ri a I c ml� - I nc e w t a r le qu i,. r ei,"n e r, s o f t s C'Yi, a pt e,r TI - if te.rrn shall be to, rep", s a n d m a, 1', in� it e n a r i f o r f k, g t h e s, clear) and P p i. n :i_ g, r'i i i,,i) a, 11 CX T (N S IG!"4 S Pj,,iD L OCAT j u,,,,,i OF Ifl" N1 Sec 5. a Pr le, f( wrw g,'r,e 1.15; s 16 �,Jlo sigrl'if or supfirts, or 'E?Cted so la,.�-,i �[,o cover (:),o,rs ol]:, s 'h al. 1, e .r, n .11.1 1 -lc o-tYi,.er,'va*s,e,1 tjo prleven-t of aT,-)yl bluj-] C "" I � 9 0 and, (:.1gress thfo or 1f'rom ai-1111, 0 1 E 0 f latl Y, 1 w 1JI Ir OW fd, o'"Mn �Tr o r, f Ji.r e, c.-,)f is ci,� p 11 1 A b it 1 d, i n g n c), r la 'a 'i A,acll'�l any pr-irl: of a f'i-rie a a t'i,, y s,"il. lg i,,l-f r) le, a �lL esca,rpe'�, or�, 1,,zpori for, to ariy star��,,.� p i p,ll o r f ir e le sc ea, pt-a 'fi..,i 1:) p or . .... . o r be Placeed, t "h Ea J,,-1 �1,,Iollj`o -f le f r o m� zin y r lei le s pi le p 1, fa f ri,,,,t and, all S,Lg1')S SlIall be so arrangiecil zis to amay frclir,ri s'ucll c ot""�i�,s tj, c "i',,e d i n f :t-r le le s c,a p le o :tr.- p 1, a 't f lo r iii, N r o o s h )-,i e fir e le p a s s a g e f rari-i ori le le r e 1 a as to 3'.n I"',- i: rc, f parl-I.,, of tl--.ie :tr,00f to airilo,tl�,I:er pfart o,.T.,, to interfere, wli't 11,, ari,y open on thel roo-f* �n t i.a r 1"' le r en. c le ;vv�l pitib]-ic aila.rin's, or sjig,r S C111 .1 i ,,, d, No, s, :t. 9 �i-i 0 r s tj, p p or, it s o,-,tf,,) 1-i, a, i-ig!, 2, 1 lie:c,, le o r s .1. b e pill c r, rill i. t e .1 Slull C)11'" ril�ia,nr"'i,er as to obstruct o:r, t le, �i ls bly f 1 r le la,,�.L a r iii, P,(.) '.1 ill. c e al. ai:i,, m sl- 9 r`1 0.3, ai"ll y d le v c e, s m a f a 1. n e �J or , d ia -r:p, pu b,,'] I C 1rad11 o r , *1 t C t1l" U C t u r le E%r le yl� c, Iri e 'r:, wi* it hi, it s, f rz i:n, le w o rl k 7 1 gn t og-c b r a ic es a, r-i g, s, or lo, t ll-i, ler s iui� p, o s, s h, a-1- 1 b le 'n,,ia 1-n it a n, r d i. n a P t r V4, a a 0 P C11,11 "'IT, s C,',w C U'r E, s P P or t if d, ari, d brc c ed an, a, f le co nd 1, :1, 0,11ro=nr rorty, be kept in, g.,,00d strtl:ural con-1d:'-Ltars -0,r1i,, clemw, ln ar),d w le 11 pf a it le, d, ia t, al I t iin le s I, SU P it Ev le ry s i g s I �ial.l be 'to wif"'it'll-i, s t a n,,( '� 6 cl, p e s JJ-, le of notti. ryf-ian30 pounds, per c,;,qLare f 0 0 it 0 f, a r e a s lu'b,"i le c."t, t o s tic,:, h p r le, tJ r ''E? b le r '111L gi�,w d I., y a n id u, 1 a,` g o r s trU c ttj r le if i rfril Y' b rzi- c ed ar-�,,i, ld s re c el, ly a-t -L,, a c; h, ledl o 't, he bt i a, 1-1 o f c h wrm rn�t.i- b y b lo, 1 t s lafi-c, h;o r is, c lia, 'I'll ca b,]. le s o r, g t,,,j I u9m), Wooi:L All wo WWW d e Y. t, 6t, cl P t,o I.:)e .:,,r E,,; e (-3, h ie,w ft, r (s S 1,0 1""i i�', e pil. a c ev ts o f ie x 1 'E", -t.'�L r it :z", 0, o r f c) r an, y, 1,: :) a r t ther,,,eof', sha,."'i-1. be rot ar�,A, t1",irough open-i-c,cz�11. bt ;i,J.1�( J1Li"-11'('"j W J-i,,neif i - io'' m e tlf,-i o d s za is p ie c f p r e, s el, r v, �-a Ea, d b y, -t 1"'i e Aj,,�,,Tier, 1' c a IV,o,(,:�) d Ri- E- ie:j� vatior-i��, Assoc,iiat','.I* 01,nl(� or by any, otl-imr iopenr--cell preser-vaAlOrl ap:,,�rov(,:,)d b�y Lhe CIrii'Le'll"" EngJ,-nec-::ir, Nb sigr"i, braces, 0,171 wi"Al-ilin, zor�i,,es No. and 2 as, defi*,,.nid al-ld, deli"neial-,,rc-d F) tl-,iie RuA'-Iiding C."o,idie, sl-ival.', be of' c(,,,-nviry s, or, ,3. O,f, I &r,,rim, a W. e �m I a 1, e x, c e p t, Y'1j, e r r � , , I r I o 1 d irn,, g s- c ,m°,. p p:t, r"ir s c u, L -0 u t pe r -t Y C 0 f t h e p o ii� r les it, 't e Ir i, ;,, de,corat l*olls, amli, ]*.''91)s T"71,01:1, �(�:,�,xceediillng 10 scjt,,,iajp-,e fee -t 0 i - e ana) bt ;i,J.1�( J1Li"-11'('"j W J-i,,neif Except for ri-iarquee S11 g n S r,,i,,o :n, c) r p o r -L."I'L n, t he, r e o f s 1"i a 11 1, 0 ec iov e r a, rl, ly, p ... C area or wr,�,-:,,vy f'or a D r"i excess O,f, v e f e e t �f r o rtii, li,-��te, p rol - pe r -t Y C 0 f t h e p o ii� r Y c h oc, a t e d t h. e b u, I d. g or sitructure -t",,o liv)-i2.&h, stic; 1 gr,kt a -t t al, rchje id, ov i cl it h,,z-, t �n o, p sl,.g,,n �,,;,ha,11 be e-r,,prritiol.:,,,ted to p r (!P.),m,v e c t o v er a ny p t� j b, 1-1 lic h 1 gl`, ay nay r 1 AN t, e :r f e w. i t h v 1" c u " � c, ,t (g) 'Di - n c e a ove g r o u,,t �!i,d lower ;,-,�,dge of alU , o.,) i,ri,,g over P r e ct, ub,l any p -i.c area exc(:,lpt A i,,ria,rque-.�e s�ig,r,S -,t s, a I rr. 00 hawe a vertical clealure ai-ice of" at I.ef#., s,t n,:Lne f'eetit 22. ('1i D "', s, t �.ii n c a b lo v e b u 1., 1 d ig TYie I'viLgh,rest po'.L n't o n a ny- S I'L gn Ot h e, r t Y1 J a t-1 ic- r 0 Of S i.,� g, n " $ a ttJr a c tie d, o, a, b u 1*,"]. cil i n g o structure shall not extend rimricm� t1rian si`x, f'e,e1:,,, above tl-ie ' ar ,p it -1 311" X o, f t h, e b, L1,11 I Cd -JL n g 0 r s t r u,,c,t,u r e, t o vi, M c, I t s, attacfed, or sl ''is o fe,c�-,t abov(-�,- the 1,owest eirlge o,f' tr,Ylie r,ocf, vi- -,c]-ievei14 is 1-1'i, e g; Of SIze Of Ile si,z,e of' a,'111r sig,r",,�D IZO'iall 1b(O,,,,, f I I C, C, 0 and (J e tie ri�n-i-z-i ed 1T'"'l 0' 2.0,v,(,ung manner: MISOM e o w rt h, e r' ) c", Ir"I p I-at(w or a I. -It 'I. c lt,i, d e d ri "t" ril, i"L M e 11, S, S 0 f i e a t:,, e, c) r "I a, r s ,I -I I b", (2) su("Ot""I sIgns arc,, not cin. or fraffl, d 1:) u '«' e p a, r t1y lo r t 1, y, otj J" c-.-� 'by w 1, g,1,1,�t 1 , i", n e o r, * �f' on, zi 'Plate or f',,r, ,.jx a s c',,r I a n,"i in ri, d c 1". r cu m s, c r i b eci by, a W a r e, a c ir C"U,M, »"?a �r q e r I Ir -i �t i r,,i,, e a a o -f t'Y; scribed by a ].-I.( t Ii, e d 2", M ef"Is i,. o n s 3 VVIhe-,.n, zi s..igri, cmf-is.-ii.sts only of 1e,t,-t,(ers,,,, ql� P.1", 0,3 e c x e,(i.,,' o a 0 �Tr f ji)_ g g r,a ve p a n -t e d e t di J,- f 1 e o; t a a r ea o t I -le s Ji. Viz:,i n f �, s V., a (,.,.,,,a s o fl,"'i e r e ct (Dxr whi,ic "rt, ev e s uw qu a r e c 'IF a�, s a e r t Ii - n vvi c Ii, e a h s, i;,j, chi I e -t -t e r s I 1 3. n or 1� I, II S C i( :,�i f 1 g ti,': e c ai,-t b ei p 1 a c, e i:,], c 0 fl 0 IN POP p ,010 BILL N0 COMTY OF HAWAII Srr,AITE OF 11AWAII0 0 RD I RAN C E 0., 5, . . . ........ I J, j 7 1, .10 OF T 11 E% HAWA I "I A,N ORDINANCE 7,01ENDING11 AR11111 IC1 E 2, CHAPIT.,ol, C OUN TY C O'D E AS Al,IEFNDEDI 'RELA"I"1141G TO SIGN PERLIT FEE,13., BE IT, 01 AINED BY THE COUNICIL OF TliE COU14T"Y 0, AWA I I SIECIrl'if ON 11L. S e C -ti o:n 4 A �r t i, Il e 2 C ha pt oun,t, C o d,, e, i �i h e r e by a innc,�. n d le d, to re,,, a d a, s, f o 1,1111 OW S y Uli S e C, 4 FE Every applAcant befoxe, behinig, gratited a permit, a 119 for, each, hereunder shall pay to th,e Gllief r,� ineer Sign regulcat, d by this, c1,n,aptLN- -r' a. fee wh ch, slhal 1 be as follows. Total,,,, Estii,.mmateld Va-lua-t3ion, of Work Fee to be dl,.arged FT ioi,,-n $ , 01 to $ 5 01 0 * $3 Fr,oint $5,00.01 to $1,0000 $1 pl,us, $.50 per 11 $1 000.01 and aboove. of" f Ji.ve dollars ($5.00) $ 10 0 f ra C, ti, ol n, t h. e r e. o f of the totaI estirtiated valuatil.on of' work. $3 plus $.30 pier $100 fract,ioin thalo--.re,of o f t h, e to t a e s t 14,iFi a t e d vola cati-an of' work.] i New laterial, to be.: repezll le d. is d, SECTION 21p M bracket 'U.11 e a"nce ttiater3i'll-al. .1s, u-ndexiscoxed., 'Irl px-l''n"'tillng this ord' in braclkelts, bra,cketed mate r)"", a.1 &rrid, widerscoring need not be,, 3L ti c 1u, d e id, S ECTI ON 3, h i, s or, d. IL nia n, c e s h a, 1, 1 t a ke e, f f e ct u, t S pon i approval. INTRODUCE]') BY: .... .. . ... UN C I L R, ViRl]R,- COUN"OF" HAWA11 Date. of 1),Ttro,: January 23, 1,980 Date of Adlopition'. Fe--b,z-,-,uary 6, 1980 Eif"T pactive, Date. 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V�� V' uM ��e `'�" Ap YV ry pp� � „nV ��l �r .«n, l IA,M .,. �@ 1,: 9., Pu P„ NI reeq «r) ' ,y Mri ppb M 1 G x d ? 1 V c S ic 4 „,r4 FI �"b b ' c Wu , '1 wu xG W,! OR '# 31- .Muc IS(.. U w' dWnreiw^,,. n!N , Wi....._. ,Vpyµ 1�" r,.,Y,VqnV ✓" �W'n:,?"' ',:...;g I{«, r, "III ,. r i, uw„r`w; I,iy. w'x"M�y o,wu , .:,,,« p ;;Iw"," I`ll. la�aw ��1°I��P"'y .',,.f11 : ww emr^v� "; .. �.� a "' ' d u ; ', pk ;'„ ,d�!,: NIpJ AWN "iRli iIRM r„W4r,rgmw: .:.rJ"^uerr.:iri� a ,k,.. "^....::::r+, �I'. wurV,.uu �" w�.w "Rye ! ,u,'u .wrvWvii,; ISM, X®X' Y,�li',:' (�:li:,:'Y' (Yw. R IRp .. vNr, /. ny,.,,,�;,y�R �„�.I �'+” ! wxz '� 'WV< ":::: 4 w ,,. .rr "; 11, W .-:1L, 5nr NNy re ,wwi�:ur a v�� Psu � 1� ,,,;�'1 � �.4 � �� r�%I� o, 'ISI *v, mi '!Ip qRp,, *; Xmp. goo 1 yYw 0 X1Rr *i 1 0,. 1 IMb' INE 0 gyp, .Wp pi I# MAR+ (yY, 0 , e S a „ M yV Aa �s ab WM 0, *1 hip W' #1 pW" low d oad M p` 6', ' „ 1 45 ,, SC 6 .11,1— A P� �w;rr le o,,, s 00, off: I ^. v 'ME mi W ow mho �il:� n� p. v ';I. "IWIi �:Wv v hip, Iw, y o, � ', ; v ' '.i 0, WI A 10 No I1 5 I w 1X G WRWWW Al ph v X WXo v W' v pW' Wh Vf . w V np '01i a y },w " w w s :L - "�,„� I�civ I� RMMv � ME pN dp I � X *R * of N& M1Ru *IXI; � � �W pW �p WY' RWu RNv ME Mpv Mu WM, MW WRc AWG � j. W,�� 1 +' Nfl VW 1 1W ;!. 114 uuM:Wb xMM x d MM” MW.. ° ^MM ° !dW,, a �i MNu 9M h v ' , fix. v u " ! o V v X P e �Jp , I'rw,'e �1 ,,,�. ��« rod Q ' ,n d ,. ,,.. .. V , 02149m CHAPTER 11 ELECTRICAL CODE ARTICLE 1. General Provisions Sec. 1. TITLE This Chaoter shall be known as the Electrical Code, may be cited as such, and is referred to herein as "this Code." Sec. 2. PURPOSE The purpose of this Code is to reduce the hazards to persons and property from electrical causes. To accomplish this, the requirements set forth herein are intended to provide a minimum standard for electrical installations in the County of Hawaii. Sec. 3. SCOPE The provisions of this Code shall apply to all electrical work and installations in the County, with exceptions as covered by Section 90-2(b) of the 1971 National Electrical Code and the following: A. Electrical work on buildings or premises owned by or under the direct control of the United States or the State of Hawaii. B. Electrical work by an electrical utility or serving agency supplying electricity, operating under a franchise or charter granted by the State of Hawaii on the following: tll 1. Any gene,r,a,,,t-i..,n�-'j,,,, pla,t�,i:tl,, recel"..'V11119 C.3--t,lation, switlCIAli'l.rig Stzlit:,"Lon, ox ritation,, ul.-i-dclr t"I'v clontrol. of' su,cl'i uti'li-ty or serv.'Lng agenc-ly''Im ny, le for supply 1,la,"'Ll-k S "'YC C 41.o_1Wwrte s, rf '-Y 11 or serving, agency- and (-,-):ad sczlrvice dro 3. Any elec,�txical wi-r-l' . .... r��),,g for" overli ps, (.,),r undergrourid 1 swww ata"L(,:X"n, �cn-ervi-ce supply condi"llctors i: 'llit'y or serving a gency 61 i.ind,er tli,e of such ut,l. 1 F, 1 4, C E 1 ec tift, ii.,,c wi r tiag b a p t:,ib lit c el e I .,)1vone o:i- t(,,-;�d graph vi'tili.ty svitbject to regtilati,on, bly the Pdbi,ic I..rtbd l,i. t"l.'els O'f tl Sta�tte of' 1,1wa-aJi foIr ol.,11, ml%r "ling, is"''11sY. leld sol.elyl for purposc betvveac�m p r e,' m i s les c s 4,�,ip p 1. y, Does n,,(.,)t:constiLtutle part, o�f' 1e elect, * m m,, u,' r 1,. 1. c a, i, o n, a .P P a '': r,,, oda,u:cam 3,l Is j mt, located J n a h a, z, a rdo,,Lits 1. o cat'i .0 n, a s d ef ne d 011� DITI 9 6,55, E '1Z . . .... 'L-1 1,1ZAL ELrECT`,1,`1'UCAL CODE T1 I l't app] -Y to, a D. llrh� provisl*.onsw of' tlu' s Code sl-tal I no, I c si gmal Sy's,'t( for strelct 13'. C"", -1-1 1-ig- traf fi 0 r po] vr e lit"i s -t zi 1, e d, o u t S''i,d o f JL c e a "Ind f i r le al, a x,-j,,n w1i. le bu.,'L'1d.,L,i,,',igs, o,'n, publLic property. E. Th e 1�vy i( �-ical pJ-a,cemcz,!n,-t anid l l e1.fecti-.i1C P ua.'"rriel"it or hatislic.:,:�h,c)1d, appli eq P I an c ell F EX,,"."L[stinig' electr,iical rm tlie Id laws, Orcl.i.ri,iarx,.,es regulacted and le f f c wlimled, e�yi tlie of the of lls;.'-'abor the,,i.,-,'weori was, pe,,rfblxl- Industr,:Lal " d L - 1, 1, 3 -1 p r o v I , lc� 3 t h, s u ch ` n s tzi`-1 la �Li� c) n s , zil 1), rCE:1. s u, � b ' e c -1- t, o t1w,ite provisi.ons of Svtbsectliom,Artli-cle 3 hereof. 11 , 41 , vs, a, i.",vc e si G, Electrical ,i, -,n, a,,cc.,or"�danc,ef,,w,"'it.'.',��,�i. the z: e Ie f f e c., n,d reg u 1 a t 1 uri s :L n e If f Ie c t p te (.,)f Cod(u,nder, a pex--i,-ri,]L�t, `L:llc�xe'.for i, si,,�ied 41' pr 1 o r t o s i.,t c"l i, date H" A.1.1 J,Duildi.,iag.�-- ivi,oved i.nto or reloca,ted, tlwit e IT u n, "i e IS Coui,,,ty sh,all culiply with all reqirei.,It nts of t1i" Code for riew bu3""'_1d1,lK)L,gS,W I. El,ectrl'cal vm-rk to wc-,),rk regulacted work1for by Cl-ia,jpter •22 of Rcule XX of the of lls;.'-'abor wi,,d Industr,:Lal OL, Url b,% 11 r e 1z"i �,t- 1 , e 1 at " of tlJ`n,,,,e Sllta,��Le of' I'llawal"," ing to 'the Elewa-itok, Code, but not, iniclucling elecLrrical work1for the S-Llpply' Of 1-5 'j)OW';;r to the coxidit,rol, panels, of elevators,, walks and ma,nl i,f,w zs. J. or of (,lcvi,cc.s�, and aplpIlLl rl, 121-111,tu S OISIf air and, ref IIYsystenm,s-;,, except el,ectr,"`Lcal worl, (-,)r,i avar-ciaxrent l,es, are i'm,:iot, I p l-lY'S,lc,Ka;,lAVy attzi,c"lied to., o,,r pliysi',cal ly rriountcld ori, U, c1l, S,Y�lljr lZIS"TO t e"I., , A, I riz ll i on cal K go" The cc)nst.il.-uctic,)n, a, 1 t re x-, a. t, " r e p al r of e 1 ect r, ill. 01 IS I I E`w u , Ic,-� d sucli, as T. V. sets d,cw,i,,.ces rad-ic)S., taj,;),c movi. e pr,oj!ecta-xs and the' sec r 4 um,, RE'TTERPIR TAT1,C)"I'Ll SAME SUBJECT M,Ar`J-lFJ`,'lE,'R If -th,cC! rel are two or mtm,rwv ,,e prc),vis,lons in thi, s, Codc:.,! or any otlier ord,,L'na,llc.,,e or statt:i,.-L-.,es, coveri.ng th,,e saur emu 'ixte :,stub'vmw ect matter,, 01 tl-i.e pirovisix,,:)n,.�,s 01, wli,,i,ch p,,.r-,c),v,j.de 7tJ`,,-ie grek-,AtE.xr safety t,,o life or il,IW l,), j,,)ro'j.,>e:r.,ty c)x, WlC2llfz'-,Lre sha-1l F:),r�c:-�'va -il.,. "M C4, D e f lj rl 11"(-`1 I(D' S , e, c Or I DE FI MIT I 011N S 11 AtithoriLty. o f 0- 1 10,TO) J-'r�lg wo I i,-,- I'd, (27! li e n u, s, e ro and, p'h r s' S 'w" "ll, iii tl,,iJ*- s Coc e sl,,.i,al,"]ll- have 't,"lae nt"teaniSNI c- 7, a. cr'bec,3- tio n.j, re,.<�,;,pect`l J- tll,em-1 n th, 11, S N. se,ctlonit, j -,s, ar,..),,:)arexiit from, thea cm,"Itext -1:1,1,,at a ldilferei,-lt I Y Sec L ADM, mm S111'1`'IIRAT IATJ,]�j", AUTI'lORIT I enever "c tenn tratli-VI'le huttlriority"" IS used, jw t 1,s, Code, Ji. -t sl-.iall. be-,; constr�uted. 'to nmc.�,axi, thle Engi,nee,,r of Haw,a,i'L-',J., Couti,ty Dep�)--r-t:mtent V,O.'t',7 k s o r, h ta ��t of P u,b I., lli�lll I -S aUt'll,c):t, .1,zeld represen I V S, e c,,, 1. 0 2 A!,,"3 o!' I S, T h, S! W ene'ver "ass,all-st,ar,,it-s" i -s, used. in tlil*�s, Code, iLt slia,'Ll 'be co',zistrued to, the au,thor," zed re 1:1, of "t he ,A,,,�, ml. :rt; t, r, a, -i t ive AtithoriLty. Sec 1.03 APPRIEN"'PICE A perso,r,i, No;k 1:�,,)cl�x lio -fo:r,.-,,ms e,'l.lectr3*,.c,a]L urork w"ld,(-: �r thn di-rect supervl',ision a.nd, -in U"ie pre serwe of a li�ito cmi:tra,cts elec trici.a,n, s,u,p,erv,,i-,.,.sm specialty electrit-ci,ant for joutrne� ftam electr'.."i-CiLan, jOurrie.�mtian spe i- alty, electx:L oil I c i a ISN ru Sec 1. 10 BOARD Till i e B Io- a r d, a, f Em.'lec t r 1L1c a 1 E,> w az,T, I JL 11,0, rS Sec. 3 0 DEPARTMENT Th e, De i:), a r tma e n, t o f Publ JL c Wo r "k s of the Cou:ritv o"fl.. l;]Tav7ali,.,. Sec T I i ,,lcrRICAL , 11 1.10, CONTIIRAPI,"Alc... R Any, par, lb, �r c certified by th"E'! I XEU11,11 n.i.rig Board a]j-"",k,,.d, I - L's, reg" s,tc 1 �,,red w'Ji-th the D,epaxtiT,ie,,i,:i,t to do, bus,,imeE3ts, as, el,e,ct-,rJ'll,,,cl,al clontra-c"t.or and enrters, li�ito cmi:tra,cts wi.tl'i p:rmoper-ty or coxitir �,,cto,,rs, for P erfo,,rma,,i)ice of c!,s,,,lectrjiL-c,a-1 wor7"yea ., CC_,l:,,4,`T CTOR, Niri y" p io,:,.i>4 n E E I 'I.,,(` 111 1 'J" ec. 1. l EIj' CTRICKIlm k1l", P '!] 0., '' 1",_4 I ag, J. s r e, C UAC; t ce :t F d by, he Exami" Y� L-r e d w t1i Ill a,. s a n e s pi e c. a '),"i prope ��ty owners or co,,ntra.ctox and erolternos-, JA'7o r Cointractors, for of electr.ical wor1c, rlel.,,at.t,,,d to instal.11.11g,' r,ep,,;,-'' ing, a 1, te r ing and knit not tli,e of lj,g and P,owe.,,i,.,,l- tl""I"e fol''low"I"g: 00 A E, I., es ct ro n, ic e pu),.,.,),Iic address sys,�tems B,o Mas-ter, or radioopr.)( axid telev.J.-si-on recci.,.J_vg amtenr,ia sys"Lelli'ts), I Sound recordirug,' �::;ysteomz-' D Buit-glar �,i,,,ohid. fji_re al-,,a,rm. systems; E Low volt,ge rselmote c(.:)ntlrc.11),.l.,,omlLili,d, Low voltacl'j,e s.ignal. s' st,ei:rus., Y I ion S e c ,i.1142 WORK Tlie .."'i riistallat 1-Lo,eratian a 01., repzilr of" el e ic t r,l c al owl 1"71 T,Ig e c. 1...43 ELECTRIICA'.L WIRIPSI'C"3' Any conductor,o, materiial,, dJ_,ce,, fl-tti"ng., appara.toil;�s,,appl-i' orspaervt', a. ri cle, �in, p,gip xt, of or to electr,'I"I"I.A:�al aottache'd oiro- lit 1,1,id 't-,r'g,c,eox pr; rli1eoimly buil,d,,J_i,st,rut.uremiserad, ft wh" ,icl-i installation oil" po"rt..ion, o r, u s, e d, t o e ne" r, a t e t "Ift a "toil S3 m., " to 0, t x", a, i"I so "IE o,,i,,.7lTl ci r I., t J." ��l . ....... . ... ize electr cal, ori enliv-..,rgy lr:.)',icz scope, airicl p,u_rpose of th(:� Niat,"i"onal Electrical . ..... . ..... - - ----- - - d(o ref ei,.'recl -to n Sect,on I of' Nttie'*le 5 of Codle "L, " Ol 1, 1 kl11 "I'M" VP r zipalr of e..,,ctrJ[,cal C2 " - � Ll I c I I ic Rr Z),(CO 4 4 C w g fbl- lowl, ig a ng, -L-,,,o rest.orel to a b, u 1, d Lire, rcmed:� aower falure and, pratect pajr7sons Euid p,:copertMyr Y "llp ;:3 Z" r SII "Ll Ji t S. lrlllqlort ci,rcuJ.,,t,J,Tlg' wad open c" ? S e 1.90 Arvv,, per:�on vil-to 1-,,i,llaz P IW 9 ( e Exarn r,d rand is registered witli, 1 0, the I)epaxtrnant., a,r.:; a 3maxne,'.rnan to pacfariia electrIca-I., wl(,nllr. uncl.er the s,t,.)ryoerof a s'Llpe:ry ,ry J. 1� I el e c t r 9 j. J. c 1. at, n,,,. Sec. 1, 9 1 JO U RYT,4-71ib; S, I?T C I A LTIY" I'll R I C 1,,' Any p er s on f " ed 'by 't'll'ae 1,1� KEII L ,M,,a,o h a, s b e e ri c e, r t a., :L IC o -I., 117,11'" 11,1,. Bo ar a, nd. .T IA r e g 1, s ... e r e d W''ll t, . f. . I'! h e ',D e ia I-t� -v el ectri"Cial.'I to L,'artimco-�,,ritt as a plerfori:�,i e,],,..ecti,-,,-ical v;orllc:,, rela-l'--lelcl. to I'l-,)s"talling, repai:rillgll I I I t d cl i-gh lng, za alter,.i..ng and Tiia,.'I",.Ii,"tta,"n''ir.'�ig,,, bt�vt t. t,,,-l-i,,E% at��ta . .. . of 1. t, trc , powek r ,.O,t 'I c� 01 lowlll,g' ffil A. I e c t r onl, c sata��I.Illlld pti,".1c)LIc address sy-steuris and systeirm'- B Mz:tster or con un,"Lty radic, ai,,i.d t ,l e V j. ai o n x,(', e c e.:'L vi, i"-,ig an'tilennia sy(cstems- It C., Saund recm,.,,*d.i'.ng, s-;ysteats; -]I-arrf� " t D B,urq i r e, a, 1, a rm s y s t en"i F,6 Ol Low voltzatge sigmad, systems. Se c 1* 12 0 WORK Tli�,e 'k,c-).,,epd*,ng in repair land opair -atiol"I Of JILI i cz,3, t"-. ,a,, 11 at 3"", 0 rl, al-,-) arzaactus, flixtux,� s., ppl, i a n c e or t I'l 0, �l 2""A y e r s o r'l, M:",t o )�i z,�is, ,Z)� Ez;, C # P "'i(,Yll' "'ION PICIEURE 0PE,J,,'�,,Tl,�'TC" "! p 4" be,eir'i by the l3oard and 'is rcg,ist,ll'.-1e-Y:-ed wl-tlt-.,. Cll 11 t --t f o r th e ector Dc pz "lln :Pose IT' e p r o) pui of opera, Y. a' l,0,'V I us,,lL'J-,,ig, 35 it�im fl-Irrrt or largex fo,r ccxix),,,i"nc,r,c li., 'E"'I 1 pu. r po s,, e s S e c J., . 1. 5 0, P ]E]A, 0 N Any f,irin, partnerzhp, I ass,ociE or, corp,c)ration, provided thzut: a fint'i, h e ri,,te i as soclat-.Aon or, a,re, no -t: MlcIM luded wl"t"l-i-ii-I a, n', n,,I,g I e f Ji- t, for, edectr' per'sor-i, fovi-nd Lin, �the d, .,L, n. I. 0 ti r n eyrn, a, n ici,a ,ov,uucl -nel man yi special,,t"ir e,lectr',icl,&1n, siapervi. S, MV supervil-sing specl,adr M l�ty ti..on p.ict"tire operza,,,,,,tor., Sc,.%�C*op tl,ie N,'I'G E'lljE('TRIC,lAlT Ai,",iy person I �l V , E (3,11 �e wl vbo lia,s b-een, 13-S, "I'le l.,,,.'.')t-er'ed. with Ere mrd C.''E" T*.W f: etd by tll-i,c Rozird z-:t� �id 91 De P,ar`,L-.,,i,i�:t,ent LE', C,,I'(,.R,I CLAN Sec,,,, 1'.181 - S,U'lE.")l?lRl'V . . .... L I N( EYE C IAL I Y' "E Lill as a siapervi. S, 1 "'.1. nz- ing -L-,,o d,:L,,recl- r e gl.,,, t-,Mnn�e.,r e d z i su pervase tl,ie 10 of' e,lectr'm.cz,.( 1, . ... . . L VX-Yrk and 'to, perfoi-mr c:,al e ct" r a., c a andwsupervise tli�,e pt.,-wr,formanc�e of electrical worlec. related, to 1, A 10 m ins,tallLing r e p a -l. r:i, ng -vt - i I a,,,lLte.,T:,.,,ing and mt,a,:t.,n blut not the W ing w��id poNver cjL,r,c,L',iit,,s,, to t'I"ie fo]-lo L a, t t, a,, clicm, e i -i t, o f wr A smind u.'b,,]-,.3"'-c addx"ests sysitems a nd. c, orrm.,tiu n.1' c a,,t,, i c) n s, s y s leit'n s, 4 B Mamter, o�r radlo and rece,iving LE', C,,I'(,.R,I CLAN Sec,,,, 1'.181 - S,U'lE.")l?lRl'V . . .... L I N( EYE C IAL I Y' "E Lill A ny p,c ,r,, 'li o, w b a, s b e c e r,t, 1' f -1,,e d b y the lx ty, -,,I ng Bo�,Eixrd allAd J., s r e gl.,,, t-,Mnn�e.,r e d wl �t the D e I,. S I'll 9, p a r trn, e nt', a s a s u 1'.), e ry " ' s e i clalty electri, cj.,a�ri to, d-,lLrect andwsupervise tli�,e pt.,-wr,formanc�e of electrical worlec. related, to 1, A 10 m ins,tallLing r e p a -l. r:i, ng -vt - i I a,,,lLte.,T:,.,,ing and mt,a,:t.,n blut not the W ing w��id poNver cjL,r,c,L',iit,,s,, to t'I"ie fo]-lo L a, t t, a,, clicm, e i -i t, o f wr A smind u.'b,,]-,.3"'-c addx"ests sysitems a nd. c, orrm.,tiu n.1' c a,,t,, i c) n s, s y s leit'n s, 4 B Mamter, o�r radlo and rece,iving . . .... 4 (-1 , -ecardl.'rig sy'ste ils; C. Scound �mm00 D,,, Burglar and fire al-aral systenist El. Lcow vo tage rem, (..-)"t-e contro,,I.; and �EP Low Nraltage! cc,c nt:tnicati,on rm s,�yrstre nts NMI rjwgw� Administx&tion and, Enfo,,rcement 00 Sec.w ADMI11''N''ISTRATION AND, E,NFORCEMENT S-'�e,,C. I'm 01 DEPARTMENT HAVING, JURISDICTION Un 1 e, s, s wM, oth,erwi'se provi,ded for by, law,, the, Djepax�tment of Public Wo,rks, *''C,t of the, County shall have 3 JuIr, sd,i lon, over and a,dmini,,ster I all matt,e,rs covered by th-is Code. Se02 RI,GHT OF ENTRY Whenever necessa,ry to, make an inspectlon, to enforce a,ny of the, provis'-'ns Of this Code, lip, W or whenever the Admi,ni"strative Authorit,y or his Assistant 4, has, rea,so,"n,ab,le cau,se, to, beli"eve, that there exl*st,s in any buillding', struct.ure o,r, premses, hazards topersons and pr op e,� r t ly om electri,cal causes, the Admi-nistrat,lve Authority or h,,JL.Sl A, s, , i stanit maly enter such building,, structuxe or premi.ses at, all nte,aso,nable tiimes, to 1'*n,s,,r,)1e,ct the same or to plerform any duty pon the A,dm,*n*,s 1, ity by the Code* n rov d e,d,, impose.,A u.1 t, 'he, shiall fIrst make a re,asonable effo,rt to lo,cate thell owmer Id, or other ersons having charge or control of the bul ing, P st'ructure, or premi"ses and de,,,ma,nd eintry. If' sucb entry is refused, the Admiini's,tra't,iLve Authority or his As,sistant shall have re,c,our,se remedy pxrovj1ded by lav ,to secure entry t 0( e v e r ly S, e C 1. 0 3 INSPECTION AND PROCEDURES A. All electrical waLring, for which, a permit 'is, required, 101 s hall e ,.nspected land ap, roved by 'the Ad,ai ""in ,b p Authori'Lty bef'orre being concel(ale,dl 'e'n,''erg,lized ox used., A11, fees requi"red, 'by this Code shall-bepaid by 'the permittee pr,,iior to, the energizi,ng, or use o1' such Wiring t,o b e, u s e,' C., No se,rvlLng agency shall supply,, or ca,us-ie o,r t 'to 'be, supplied -1, electric energy to any ede-c,trlc wiring until the wa r e h C E 1"' T 1 9,17 p or zi, r y c o, t,,,i s,tr'u:uc,",O, -t i o n, s s', i n, s tzAt,,. 1, 1. e (3, -c vi c. .......... n, I �r', r ti s e by the servi-11g; agenqy fr,-),,r as, pr,escr,,,,l.,bc.a.d under, Codel., "4 D No plc,,�,%.,rS-,on slhal,l conc.,.OIc,.�-.,al,, nc1c.),se o rL- cover', cau,,.,,,e it to be concealed or perml, encl(::)�,-,,;ed or <,,,.ov,e,r,ed,, any PO,rtiolll Of any el,ec.,-triic wiLri'ng ol- ioei�-),:t inn any 10 maxir,,ier NI171'.11 111�':1!irfere w"i''th or "L'.1 -ie: ins,pect,.,L.,oi zand a,ppj-,,ova-'l,,. -l:,-.,her,eo,f,., I Yixtuxes aplp]lJ' a`nces, devr.,,Lces or, equj,.,,j,,, ent t.-�;�;Tizll no,t Ie cot-mected to any elect,r-i.,c Toux,,i-ng, until tlie romgl"i, J, Al 111, 0 ll"�)ave been. j-,ll;r3,pE:!'c,ted and approved, except a,;S otherwIL'SC-2 SatlL:S)f'l,lc-1,lC Cl t or Y, to the, Dclq)art ent, ccoverspl za,-tes, 'tr",:)e;se Lc. cl"), F All. o"I" 0 -mak e s�i c ti Ell ra c 1. em 1 lenzilc I IT ing of "....n i,i#ispectioln ,ofII.m..A.ectx:Lc wir3..,.r'ig slial-1 '1,)e r,eint-oved, upon notice I(e,3*.tlier Wu to do s,o,,, la,,i,.id sliall 'be kept verbal or, J-rn removed. uniti'l the e.11Lectrl'c wi,ri"ng, has br,:N.,c-,n ins,rr)ected and, appr, uved A S ec 1 0 4 IDEI,'" PLIVE INSTALLI 11()I.'If'llc Whe n e ve r an, ny e u, -,id to, have bll(';,e, s ta 11 ed al't e,ral 1. s fou n i'n S cha n g ed c), r c1Cx,titriary tof t)`i,,e ions (,)f' tl ,s, Code ox any olther, law, any iinstallatio.on, i s fbu,nd tc) 1", si. lo n I'lis to be 'in use tl-ie prov s of -t' ' (,--w C(11111.),de or, any cif '3-01 wrl 'Ir", �a. 'I -, r,i� c a 1,11 1:3, o tli el r 1-im, or %41,aenevc-h , Ily e- � �, e C'��t 1 I'll.: a snrx 1"; tli, tlic-!, e x is, ti ri,g ". ina, n cc,,s an 3n, e f f e c t ul, ord' d r e g �u 1. at 0' vilic,n the eJ-e,ct-rj,,ic::,al worlr:, tl'ie,rrc,.,,%,on was pierforrnieid, before :L s "[0,1"], :1 ii,d t o b, e lairi,safe dan,gtz:!,ro-uis, to piersons or p,,x,,,o,p(skrf'ty, th( Aid, t �,x* ial I tll 1l,,",L'S3 Aut-,.,hor,,:I'.,,ty, sli.all. grvie tlie owner ox t1le person i.n control of suclr"i, I TI, i sa, t, -a 11 a ti'. o n a w r' lPN L -t t e n, n. o -t "J"', Ce S 31. tz),, t.' ng th.,rz ff nding, s vi.th r e s p e C to such uirrtll the sa-Xtl id 48 `1,-iotir�ci Ii,iavie a,n,,d order, tlirc,' o"itaner ,or svi(�.4h o tT, ro,so,n, i (z,: r p lea i # has "been riec,e0i'ved I,x n h 1 S F's, to make correcti.ons- to be cset forth ,�,.;tich, vlvr, 'LL'ttenrc„ISI "" - 1111,4! 1 11 N eviej.7 any work Sec 1.,015 REQ'�TJES`31 FO:R�11,. "Ll"I'T'SPECITEIC) r i,"t It,lied 'by tli-,111Lr Code�,. Or any 6-tl'Lon th e r e io� j.,, s r e a dy f or eig por vr.,,,pic C,t'ion., the Autl�j,,,o,r..'Iil"�..",tl��N,�,� S,111,izill be notifled by pe:-t.,-sCl]'lI, -1-O'lliat s,� .riie rea,,dy for ir i uP sp e, r., t i o ri 3. -Ce t rl� a v, e IS'hE2% id by, therclr wr i ,�, M hal i t�"lig o f io,i, f u r < I 1 "be n ic)r �rtia�� bles 'by telephorif at the o",I,,�':)�tdon "Olf thir Y 'iot, ce A&rnai.n." stri�it 1 ve The r ,i, Yi al. 1 b e f I. e d wi` �t 1� 1, �"l "%I W .4 U."ve, Departiient Y�,,i,,ot less, 24 hoii 21,11-1 5 zind n,.lL,%)t-# 'more thar"i 72 li,ouxs before any such red, A. The Admln3 E-31"t''r,''ative ALitiviority sl-,ial-l. proceed t,o 1"nspect tliesame 48 ho'Rb irs;, not Ol "A lnclud,�--ng Sux'-,ild2ver Y,S or. hoili,days,, afterr receipt of' su,ch n,otice, an -d "if sa,'eve ,L*d 'work conforms, 3-n all rez, ectswith thile r,ovl'sJ,,,,,on,s of "P P th r Code, Ive sha"ll &ftachf a, not-i",ce grant-Lrig authority a td. o n s to Proceed w':Ltl"iinsta E-, B. No electrical �,viLr.Jl,,lLrn,g sal -1 be c(-,�vereid. o, r c oti c e a, 1. ed uirrtll the sa-Xtl id 48 `1,-iotir�ci Ii,iavie I I d a, f e x ter not-l''C"en"4, to tl,,te ilic"trirta nj,.-s,t,ratlLve # has "been riec,e0i'ved I,x n h 1 S deptair", ,eri,t, or, Adm, 0 -t-iOlve ty n Ec,3t all, &-t:i, 0, rl a nd approvc,�,d t"I'lle: -1 11 Ivic,;%ri ermic'-siLion t,o ix P WIN= covenir or coince,�,,,al the sautle. Shoi,,i,,ld, dale A(Im"I' zx Is (r ond,eirin, arra of' .k,,;a,'d w(,, lk, I C34-11 )r1or or equai.,] :)jr, r c f" th nlo,L, b e a,,i -.ng wl' th the 0,11, `11. S Code (,.-AlcIc,".;� I virl-tWI ing, to t,'It effE!Clt, ishal]. be g,-i*.,,ven by hi'm to the perscm jenga,ge:d, 3.,,n, -L-l"ie, worl,4:,,, C. Wa*.'t-.',l-iJ.,,n a reasondble ti'ixtle SA,,l,Cjl'l xvx-:)r'k or :ffiay clilt c�ihzixll be cr6cl or reri,,,i,,oved. as tl r equiaxe,ecessary ch,amgc,-�s sh,i7pzil-l. "be maide so Itliat th tli, e all such wo'.'r."I'Ll arid e 11 E"I flll 1, Y C OTTIP 1 Y ii. co i, c ",t, e d Cod.c b6c;-forre.,,- fur-thver worlle� Ji IAel E,,;uch. conkclemr",i,ed c)r eqi.'.' f"E'a.ul"t., szE"Li'd Ell-ectr,lcal, Co',rntrac•tor Ishz,,,,i-11l b,,e llab,le to ies, prov,lded .:'Ln tlii�E:3, pcz.�,,ir�-i, a lt (,,ad o,d,e,, and ai,-.iy zimd, every, Icc�) ow,r',x e "t, c:)-tlier person c-ingagIed IiII nstr'i o f th e( bt,-,i-il d,.'i* n,g oic structure, or othex-se, co%rear:Lng," or allowi.ng to I covercd sti,,Ich portic)rri of work or (I lil i e n oI,,t to cover p,l,,a,cc'lllld any I by the Ac tunistrat I've shal-1 Lll,crewii.se b;,e 1J',,Ile to, the kii, thi.s, Codei,:' prIcwidecl. I INE-3)PECTI1101' ]REQUIERED S ec. 1 0-6 F I lil'All I N Sl,'I,Plplf'..y el-ectr"ca-1. exIiei,-,(.,jv to A. No, (1) All 1, sl7j, a, 1, I'l, S 0 r1,: 1'�i,'L,ch, electric&.1, work a ny e I le r', 1-1, c al., 10 �3. o n o,n %N7, w w,w i� t, i. s7 Is -Li. e d, ,a.t-;, or Is be,ing perfalLO'n'ted �i pursuz'nt to tli,e provis.1,01"I's, of tlalils, Code befc),: e �L.he D, .,a ,I L hz,,is apy)rc)vIed s"t,,�ich,, t ve a 1,1,a i Oj rl B Wl-i e:t-i e,v 0µi r el e, c tj,.-Ii, c g "I'l a s. b 13, ""),proved., a -c of insp<:�-%,,ctioxi slintl I be is sue, 'l 3- , -C, I,', ce r,t,,,'I If c 'a t on, d z: ",',L I f re 'k -r e 1) y �th (I -1c, (I "I -i a,v e '],"S J.J: .O JI(c:. ill -14 CI, Exi,,ve:.,'y' pe.r, (IlYn, L,'). -Ig, alter"J')-ng, rE,.,pa,.LI':LZIg,, US111g' 011-1 i 14t C'4, .,ance elect.r-JiLc, wi-nlm,�.-ig s] -I., b le 3 -1 iblie for compl," wl tI',i t"I"iis Code. Sec W 3. OF CO',,(.,JNTY ITC)R Dl;lV4A('I`I1xJE`,,S Sec. 3 . C) I IdPrill I L'I"r."n, OlF PERSMILS -T,`Ii-ILs 0z),d(,, shzall not: be co, ns tr u, e, d -t o r,e 1-i frurnt or J.ess,,(,,-,:,.m tIr,)t,,e respoi'ls'l'b,l",,,,',I,.'I.ty of aitich 1p mr,.L, c, a ires per�c'or"i oplerating-or instal'I'il'',illg' axiy, ell' elat w "N ,a c .w". n s t, r u c o n o r equt 1 pm le (,-)r damag(!,','�s l la,,ialy, I d I)ly any, de,fect Ne, ther tlhe Slec 31,,,02 NON -RES PONS IBI I -I t -I 'Y OF CGUNTY n, of i�cer- tntly of )"lor any f w MI le,rnplo�,,,r,ee, ox tl-i,e Ad,i r'd S-tf 1 #7 li"I . .. .. . ... 11 11 - .", , � (,�, n=, of gym, h a be h eld 1, a-,16 r ":�j ble for az,i,y datuage,,.l. or� `rn, le s; ns 1 1 ),ury caused, by, or t issued, 0,,,,,,r aany result]'Lng, f roin -the I �'k,";,su''ZInce lof p larm 3- Im,spi(ction. or app ov a 1 o r s, au a n ct,:,, of a c e r, t, i f,l C -a t e 0 f li.,n S, P,e Ct made uirider t,,'Ii.e provisi"ons of t"I':i ic Code, mom' ernrl.]Lts, and 1"`�,z:r s Sec ,I PER7,MITS BEXCEATTIONS, is ,0,0,111111 J 1,IT l,;%l] QUT], E AND XCEPTIONS No Sec. I. l PEF D E ,P e'r EO s llri 11 ial-l- perfo rml ciiiny electr-ical work or caiu,se or ��Ll-le s,a,,j,,rv[.e n to d,cme,, un] ess a p,e,rrn.j1`-,,t thi,erefor h a,, �s "b e e n. ob t a, 3 1, n e ��d f rout th e Y� W. -L t Adm, s, t r --i t, J.� v', (C:,.o� A�u, �- 1 .1, -,o n s 1 .3". 'S, tlior'� t,� h tli.e follo"wing except, "ovi-Slo, S 1wbI.1-ch th e p,r n A. Elec,trl"ILIC Work and IS I.— de�,-�laxed, 'to, 'b,e n,(A, o, f C! no d e ar e e xj,:)� a s] Y B Ins ta.J'lJFt,,-tion of any rriotor or other portzible a -I,, a,,101ce pp] energlzed '1,,-),y' m,Lnians, of a co:tl-ld (:)(r cable i -it pliaig and, `f such cord,, or 'hava.ng axii. `tt.c,�&d blv,� th,:l's Code,. 1 S P e,n-ti,, 1 L C'61 RZ e r d"i. ITI 1 pall- o�f` any, i to r o r o o r, replacement of' i,.i,-,nY fl: ,,E',.,d mo to r wltli. anothar havJLng, t1l"e, samne hor�sje ji.ng, za-xid situa,-ted, at the szavrrille loo,ca"t "ion, pawer rat" D Replzic,emenit of at.tachlifient plvi;.g, recep,tz-cll,es, but not tl'ie outlet therefox., E. Mal"Lntervcance Nvor"Ic- "by a, supervi, si'l-IfIC a supervi.sing A sj:,,).,e- c,lal.ty elec�tril'-cian, journeyma'n el,,c,�ctrician or m i-im,c�,--%,,�yirnaan ltv S'P.l.Z)-'. 6.1ect.r.i..c.iLan 3ir,ed, as emplol at by, siomeone otl ier than an, electr],Lcal c,()nt,ralctor oi,-,,, el.eatri-cal spcncialty oon:tracto",, f�*,o, Eru,ergency work ltn cA, %,%iliom a, p,erm-iLt 'b rti oazy :Lssued -,L, o a, ii-, J ,s'.J.. o, r c e J.v J.- "ig a n cl, Radi 1, cr-",�"! 1"1 1 'tenna sys,t,c,�",h,jm.S, ot-11-ter raastier-� w e: "I"'T1 � a f 11. The pruT,,,rl-,SJ.0'T,'ls, Of f,o,reglc),:Ln,,cjff e:,scccPltloins, shall. no't ap °m' mmxn { Y " �c �, yr�ca 1 pl,y, to any rep��ii,,*..rs of e�...,ec-trl 'IVA �1. fdewi-ces;, apparz.-i t u;s; o r appl. c`lri a,r"i c e, s. re orijgi n a, I y v �j I r th o,ila t a le n. s, u cli., s r le qx,,i 3. r d, x"It s t a w I pf e n�,,t I, P 311� ,31 b, fli tli, e, lor-ig',i,.na,"ll., o:r:- w]'-ver�l ewe, rgi,-z(;-.,.(..A' jiiuJV.s a p, xt,,- of z n:y ha,zardc,,��u,.c or 1'']. 1Lek,g[,Zi0L ...Ys tel:T'l. E-� 1 10 In s 11 qm ll� rl,- L-0, I. Th e E c') r e g 119 e t f 'r cym�i"it er,,�,rn, r le 1"I'll c"', z-1, s sha-1.1 ni,� t be decmed to, allow an,�,,,�r c w i r,l n., t,fo b e 1 0) r 0 -a 1 S d o x -:i, e nxa, e i.," c 't. I.. r I the s Of t'll r p .7.1,o v 11, s 10,11 Co&,: Sec J , , 0 S, CO..'), PE 0, P E I T # A Th e s, s, u, ice c) f �-I' rm t :i.s n o t a,,i,-,i a r an, I p le -j ppricwal o t is 0 Ell; P, e cl 1 -Le�,t- o'f 1"k., ��f ' en,,��d tT I..ein,. A peml m( t �e issuance, o z),ippldcat,ion, f c), r j,..,n,, s ge ct "t. mri, wli-lLch e�r-,it. l,es tl�ie pe -r m 1t.!-ee ��to ns i c ti, o �n oi f tl-i, r %vo,�,l<, , , ., e s,; b e d t1l"i e r, e 41 0, C 'Wh i el'i, i is pr cr 3.. im I (MNo 1 n the ap, rova I by 13. w~, u` il..,ssuancc f ia pei L't ip loa-i,"iy diocdmensh t'i,e A,di'z:t,,lJ I" f t I an, a,pproval, of vJ1*-ol,at,.i,.fon o,'E any ,pr,(-.)vl,,,,,,,ic,).n Of t'liJi.s, Code oi,.& of ai-,iy othl oir ordAwa nance,, &nd a pie, Y --m, 1 "L or iotli.,er docurrier i L",u r"t-,"'Lng to g:l,,.,,vfe " PO P to, vi-ola,te.,, any 1-aw, shall- i-,iat.be via-I.J, wj),,.tl--,t il,l-espeict tl li!,ereto 1 7R ib CD: C 1. 0 3 ,E:M, R, 1' G 1W 11 171 Cp c t r, c wc)rl< ]-is C0111,11,11,011-icc ��d wil"''El"toit.,.it a per t zuj,,.� ai, p 1 c ion. fori 'p a, pal", for th,e work slia,11. 'be miade to, p,rcmisions (,,,)f Sect -.,ion 3 f Arti.-,cle ireo f' as soo n. ais�,; aer e wrlip, ftt1itoWww 'I c omnm e�.� nced. Sec 2 SE 1"E'"I", L"I I 0, A separate pr is 1-kal-ii be obtained 'for eacli, but,:Lildi.ng or st:r-u,cture, excel,: -)t pe,x-,-in-i.,,-1',t for a rcta,iri, ma,�,r includie i -ng e]"ectrical, work fc),,z, ,a. rivu,-,,te garage, or lociated on, t,he szxrte prem-ises a.., (i the miaj.rri aand, s,vt,jj:.)p]Li,ed, by a fchre�,ir Au th o ri" t,,v or c-'L.rC1!,J.,.'JL,t coi,,),,,,-ta11i"1, fru,,[ t'1-"�e ILI rn, li-n bu,','Lld-ij. 'to the laywrf,ulL A S e C APPLICATIGIN' 1"(0"YE PEI IT S e c,,,, 3. 0,11,., F I I J Qx To, obta,i,r, a pexinct tt th e a"j.,),p 1-:1L, cii! s1i a 11 ft'" 1 e an appliicat,1011 011-i, forlrmr f'urnlshed by thc:�, ii, ii,s,,�tr,-, 't-t-,ve .,xa J Au th o ri" t,,v The appl-i-cation ,,,L Iri, e it o a.1 coi,,),,,,-ta11i"1, all Informat]."(DI"I necessaxy 'to the laywrf,ulL Ji of tlic�, provi.slcmss cif thi"S shall S P E C I F I CJ -,s,4- T ION], Lill ru,4, is ,D S e C'O 3.,02 p Lz, ii T 'ed is Io, r a s u e" be accio,'ra.pen. ,,,,d b� zppro,,�,; plans an..d Y diagrarti and as, j:equireed, `,),,:")-y Sect."Lo'i.,,"i 4 of Arti.i. c1IL- 4 1iiereof. L S e c,,,,, 3.03 1 IS S, LT 7-0,,T,C E )iF PEI, 11T, Wl"�'[eri the A,dm,,3'.,,n..I,,s,ti,-',a--tive Autl'i,oraLty hill detexn,.wn-llnes ��tl'iat in,.,[`or.1,,ii.at, Lon 'the apj,'- an d p 1 a i,�iis i is i n Lh, ic o n, f o rim,, n c e, w, tl:�i, t- �"i Cbdei, tl-ie Accbi, iiJ s.,tr x 1 1 a, v e I I,, Au tho J. ty shzil. J. " , ii c c<a,.J. pt o f L EIS a pa. pon r 3 Si U, C i it u ,,,L Iri, e it o a.1 f e e is Sec 3.04, X C EP IT 10 N'S ined Ji Code sha, 11 '1.) e co, ns it r u,, d t o, r �t ic",j t:u' r t1i'i, e Ad, C,., t�--t- - lt` '1ve Au �Irl i t",' Y ito m"I'm W -fl- any v z'; ly zalccn jr.")t lor r J r tvg a r,,Ld pr ern 'is le s )ropo,. necess,ar� gate 0 i.,s rie-cec, saxy t a t cinn l-,.teck ce 0 to 3*-,tls clortPIA, plariz al"d spec,'i,f-'1',.ca,ti°c,,�,,n,s .2 V[ A ICATIONS Sec Ol 4,0 l dUl"I" S All,,]`D S P Rla-ns, and gi.ving su,,ch•detalls, of the 3. Z5 1 1 Vol, propc:),sed, 1*ns,ta1.1at,i,-',on as vvay 'be reqU,,ired the uv' uei lirDal 1 bile fUed te -c It c lon, S luch 1p Axi, th or ]"L, 1pp s, - cj,f ", cati" 1A 1 be ar and slpll�,, 1. 1 .ons s approval of a 7 1 n State T v 11 as led t1 -,e o f 1,1.,a"v,;,a pr lo f le F c i, a, neer r g w r a i rl g 3. n le le i, -:t,, n g 3, .3- ed th lc le 1 le c t r c le spe c a 1- ly f g i cl:,�.. le Y r E:, o r, a p r of le al or r le I J -e r d L't-i th ir v ded State c.f%),f Rawz�-i-a-i- ar:4 S"'I'llich vl r, k bN pro )SS tha,-L.� 'if the derriand ]-,(,)a,,d of th,��, 't - ion ir 1c,". prc,,:)-posed, -ii� s r le qu ir eivt nt shal,,-1 be thir-tyll (30) (2,11:1 . . ....... . . . Z"D o re c t s appl'i".cablie on] y I*- f, tl-11', I r la't v le Au,,, taw. or N6 person sl-iall ma"ltzeri'La L,,],,,y dlev'J-awte frorri, ajproved pli,an I" f]"L c a t 1' 0 1 1 Is nieglect oll refuse to corap,11Ly theri'lewl'th, p c� lc, ol unless permi'ss.Lori -Lo, do so, has f,11"T'st bielen lobtai'mid f'riom tlie Deplaxt-j,'n-ler' -t. S lc-� c SOIS'l CE t* lt,,hat tlie If tl-m hutl,io.Q,--ity 1,s sa 1 3. n, the appl"ca t" Yl I'V11.1 'c1u-rr fL-r,rLl'i, to :Lmlstall,atiloi,a, idescri-bed 1, 1. 101 prov:Lzions of' U'llail Colde arid, all per,t,2-:r-:i,en-t lcaws,, and,, t'I'lle fee ibed 1'ri, Sec-ti'ori, 1.0 of A�r,-"L.31-cle 4 I'las been pard, 'I'lle p r el, s, cri.- lop C) J'All, ad n, S, ec t L lo, n 6 c), f -Llo ti -I Ile pel ay iissue a pe,r I'll le cl. f Ar t J.c 1 le 4 h er le o f T M , M �'Pff B, E I SIJE D Sec 6 !"PO "V 11,1110M PE'17U lit, S 'r 11 WC), C, "1 11 c C1111 �r .0 A, perm,,,3.-(Z- 1:1-:), .;a W)4 elect� "Ic, I %d by ,m,ay be i.ssiaed to,; ",u,[,,:u,es or w. xc,%.rson vil-io o omuns and occ'l i o, � c c' -a, py a s 1 .g 'e f ami'_, I y us,c,�:d, excl,usd"Vel.y f or 11 "V I 'I rw 0 1 d 30- T"Ig S, 'i i.e vi� s u a,I a, c� e s, s y, I. LI. p''Urposes,01 ncludi rig cc 0-c 13 prow.ded., tlha.t thc�- p�rz!xson, sliall t* f oral or vrrit,teri.suu, �' �u0d�, It t� a iscre i,on o Ll -ie h, c,�d ' "I ho wII-,I_3_ ch 131v,ireau. of Rui"Idiiriig and, Inspec'U"'.0'', by EWreau of' BuJL1d_I*,,ng, J x1e. and contents p c 10, 1 t1lic strillctti, 7 Cori s.,�t ru ct 1' 01 a, n d, L ZO . .. . ... A -ed by Board, of 1 -17, 0 1 C " �' c), f Lra, JLI d c x am ir.iFa, t 11.1. cre )"f- e ' ISI,' -J, I I a E 1,, e c t, r i c zi ii'ie".rs,,,, prov,.-Jded, D�.,txt.: 11",ile,.1111,11:",� upc.).ri 3 "1 21, 1 o r, sa i, d s u c ce s s f u."L c c)rti p1 e �t"" I r�i d, -to, 'Ll - le u &z,,ice t g, rza,, ri t� ect"'I h, n-,, d r r 4s;,a i cl, oo x�i,e r sh a,],,,,,. 1 'E J., e 0 f t"I"I CN j,,'), e.rnI_3L an afflda).71',gid t,,O tl,,1,e effect mrt he -ttlie, b�on,a, f"J-dei own,er of a, °^ I,we 1, 11 ni..jj 'Ii,ousle b,,-) b(, 1"mw ilt a:)1'I),d 'that h(--! sha,11 per son,z,,i,, oic.cupy sz ,ie, an,c], sh,all P,erforiu z,,,a,II* ellectrical wor,'k, for s,a,,,I".d d-w,e,11,i_g and acce,ss,oxy buildio''ric."1W 91 OM We ,A supervis"Jiriws g elecut,,,ricia.i� 1, or s,upe,r,v,),LS,JLng s,j,,.",),c,,�ci'a3_-tY tlr im ,e 1 e c t r C JL IlFi, 1`1 Wl""to i,s an eJ,ectrJ*L'.caI con tractc)r or, e.I.ectri.cal, coi'itract,.Ior, oz, 2. Witc.), JILS eITI,P1OYE!,d by ari, e] c,triical contra-c-L'or or el�ct:.r.i_cal speclalty contracto,r for work, of wt lie WIN e,I e c tric a,I co n t,, r ac "t o r or " e1c,.,� c al. s i 1, 1, e 1 a I ty con.tractox - or 3 ,m ji..s emplo,yed lz,,,)�.s 'by 1, , ", a e 1. e c t r ic, -1 c on tr a c lo r lo::r, S (") 1T1e1..,,(,)11-1,e e,*D-11 1,e,c-tr''1*,ca,1 cc)ntractorm, 4, as, ari ox Ids Ah s 11 t -y e,lec-tr' '1 1 e c -La-- ry :i, irl,% cs-t� i.,-tlu i on p le c-1 (71", 1,- c ri t o a,,,wi( ii.n connic:�ctlon with aS, c). lf- .1 , C1 :1.,- a n S 0 f a na��t.,.A.l 1101 fir W (,,slly plosted by shall be cor-ispi',c�i,,,tou �tlhe li..older 5# vn .i",s a,ppl.,Yi,ng,,, for za, for, electrical, or splec]. al.tly elecit.,r]"i-cal 'wor'll-L. for 'Iiis ov,,run. 'by any, perinit, 6. Who, i,s empl.oyeid `1>y t,,'hie Couri,t,,�yr,., usly s,u,spend,ate d fox a period of S -e ic u 7' CONTENT POS",],,ING VME" 1,11�1111 JLL 7- D V01lD r and a 11 t1 -i le re il,:t, po i,,,, Everl'y o�FlG�iu sh,all l ismsued iLn such form and, de L, a 1' 1 a, s 0, 01, 'h s p le,, c 111' f 'y shzi. 1-1 'be 1,, 1, i cz-�; �'t ir la, t lxve Au tll"'i.lo �7111 prc,�, scni-belic:1, by -t1,,i,.e A� ii,�,"i; s, �"`L 01 Ill 0 .,1,.,"ernJ..,ses, vl7l"'iereon lthe %vorlk, t'he,yrlocat"ll" f le 1� tlte,reby' JLLs to be dome, shall, 1:)e vali'd onljr for, tl,#,,ie locat' 101 T1 S flj E ,spec I arid (,,slly plosted by shall be cor-ispi',c�i,,,tou �tlhe li..older thicteof un, the pr,em If t1ne ises wo,rk autl "I 0,1111.1ft, I'll. z7, le d 'by any, perinit, s,'ha,-1 1 'b lie conti-inuo usly s,u,spend,ate d fox a period of 1i,&ty (90 d,t y s pferml, t is h r and a 11 t1 -i le re il,:t, po i,,,, U-ile,reaftez-, be, null ,,-,d vo:L d S I Try, TRANS FE RY I 1-j 7. 1. 1 11 N o p entlt,2 Es.1"i a 11, b e a S S.1*.,91,ll e, tcfl r a msIq ian,othe,i,,,,.A, by t"ale ,P erson, to vil"I"Or"af waas issued, Sle c 19, SUSPENIS:310N OR, R EV 0 CA III (M Tch,t�, inlstra,��t'i,,vlc,,N,, A,dm' A,u-t,hority mlay, III I in vini t iiri;g, suspend, '01. e�vo ,e� a r 'k it I'LISSUe pe,'i.:-mi. d u,n,dc,,,,lr p, 1"olvi.s.a.0 11 c) E Colde whenever th, e pe rn't i" t 'li a s b c:� �11'1 uc d I C f C", iss c rroi,71 or oxrl 13. E I C) I'l I, I e d 11, V" r,,t,�ila a Upp, or of an-tr or,d inan cc,� 0 In, such jr,� il,at"Lon, or provisi.on of re�., evf( n't t`f i,, e jj,,,,) e ntt i r. f ene sh,a,l,,'.],. not be se Cr '10. PE RM I T' TF' EE S sc -C 10.01 TO V11 -1 01,A PAID A, fee in, schedtil,e s,(,,waw ,t,, forth sha,"Ll be paj'CrryP l i""ho the D,, :11A,.- e c ;law... r c) f F JL n a 'ji c e flo, , rl E.�a 1( h jp, e,:1:1111, ,'i. ii..t Sec. 10 V 10 2 S CHEDU LoEij Iss U, I ,, i, 1 1 G RE IT S 27k f e• ,e s h a b pat".111., id fo r i., s s ta,,, 1, each, j,") e x 1, t 11`1 l't,1111"', o ri t o a,, 11. o r c h ar, g s sp eci f J." e d & , IDDe a cl), 133. S E 1 1 ( 2 21] '1 N S T A, L LAT F or r e C E!, C size of' ser -vice e qu J.,j",'),�I'm, n", pli.a.se, t (,-l t` El o 0 P) N at o v e r IN, E% S 1 . 0 0 ai E J . $1.00 Ovl(,�r 10,0 hvtt x-io H 200 1. 5,0 Ove,,nr 200 bu-t x,ot over,- 400 zammpex.-es W. 2" . 0 0 Over 400 art -pc -res 3 0 00 o r r e qu J., r e d s,,'j',,.,ze o,E,t.' ;rz7.;e.rvaLce of thrae pl',,la-se co 1','is; t�, r U DY,. -t i ai,�i, (includang meter lolop) Nat mdrer 3_00 amij,,.-) e, r, J $ 2 010 Over 100 b.:i:'t ri�,at 200 2. 50 Over 20,01 but Y"iot 017'er 4!1100 ai,,npleres, 3, . 00 0ver 400 3.5,0 C FEE!' E1111,I)IT, . . . . . .... R" C lu, 177�� J,Z (M. I R 1 C" U I T S, For (,,7) f f e e d,C! r (c.,n, qu'llL_'r )AI a Not o %re r 1 100 a,111, e Lot p 1 00 Over 100, but',-, riot, over 200 1. 5 7 Ovei,,- 200 :xn. o r 4 0 Eu",a p Ti.:- e s 2. 00 Ove 400, axT, i�, p e r ec,,-ii 3. 00 1M� D WIl',ING CIRCUITS IN 011",l.' A-BIK)UT Ail,'61D 0')'LJ r, T, TJ "L, 21 FAM I I l'y D"WELlJNC,;S BUlLD.l,'jS,FGS,$, J.", N Cl'JU C 11,097ELS, lA'ULT'1,PLl:j lJOU'SE A'14D A F?A 1, Each flor, genexal 11, and, Eacl.). oia,.,tl.et for radi.o and -televr I Sl Of 11 ante - gid na systeiimi ar,2 Cultitro'l wl ILI 11 -rig air ---co) and r c "l-IrWww gera,''t iox' x for eacl:i, c"ctp rl e s s o r u, rit 2.00, Fi *-i,,,:-e -systczi,,m aiy,-,Ld b-urglar al :�2.,;rn A' 5 0 0( F o, r ,N9 tiv-� ,ilo, 'type y"aid o f c,:i*. r c, i i-1, th,e f (':,,jeiroNll "'I t."11r, rcst.o az spr,,,:,,.�cifird in t S Cli,,. alp 10: q,� r E:,,li, a 11 b(z.%, requ]'-red, Ei,o WIRIl',TG CIRCUT,',TS LN OR ABOUT A Fll�PvlILY M", 11"i", IlLi LI, '11114 n�nL r, S t f i- v e c a., r,c u, s f r, 9, e,,i,,i e r, al "Or, 'ice C,"Ll', 00 li ghtJ- ng a I. C n:7v le ni.,,(.: t, 111.1 C t S Eacil-i circi,ii'Lt ft.,)r suc:!h ou -t 1,C t S FiLre a:i,-id blIrglar a.larra syaLeiia, 1. 0 01 For an,%N,,,r lot'-'lier type of cl'x-cu,,iLts ar"id oumtlears s o"n.11Ilv v tlie m fele applii.l.cable 'thtereto as specJ.,ftoed In, -this Code shall be requiLred., F. DOMBST,IC C0011(IING APPLIANCES For ealdh reside,ntial., electric range $ 1., 0 o o& e a ic h r, sJil- de ir-i ti""La, 1, :L I't, -1, in c o un. -te - t For eacl-,,i,,. reside�i-rtial built-ii.,n oveii, '1 0 'N 0 J.',11 F`(i"),,r puxpose of' C-10",,de, r le mean a compl-ete, free t a n d"'.w I I g cook,J-ng nd ovens j, w,j',l'il'ch 1*111.31 c0l-lrl(�--Ctc�d, to n e o utl. e t - a,, `b, t -, i" n co u n't �e r 11 it y t o p cl, s Ila 1 M C, a r"j, a n a s s �(:%,llib 1 01 cook-l'itig U, ''I" o"I wll.i cyl ll.4,S I 11, S -L ail 1. e �-1 CII -11 C 01 "U 1`1 t c r a ;d cori,nec ted, t, o a,,t OV outlet,,C alr,l 0'V,eT,"l,,, a b, A. It - e 11, sili a 1. 1 rme n, a Y',ii, , wt e n f o r the p rE"."p,i7,,,i,.rat,3,,Io,rI O,f'-'." fn--ud *1,11 C-1, re'.sy� j� df twe a'ri.d 'ie�Iih.3i.ch jis tro, a Uout.',I.et. Eab',Ii, oxren ar"Id, cm",ach co,un,ter--to cc,') -o unit ,P L y S 11 E -"-i 11 be served b'J"r C-4, p aWMv, ,rfi', te b r a C i 1- C u JIL t S ISM 00154 1 -1 1,, 4�1 J AL COOKING A,,PPLIP4,,'I CI (B, alo,;: G., M A" c -A, r� s r e;s tzi ti, r cafeter'."Las, ai:i,d othir r prepai'-rwr,j'L'ng' f(':xod, for, sale to pu'b,,,I,, ic ,F%Iange, f oven stiewrt table b r oirNff-,',`J e i-^iwr o a s'Le r and. other co dt,,,,, 'v'J"", C 11 r, e,a c I"'i ic i. r c u -i- t r"I o t �o v e,,r 12 'k w I Go og For, each ci,rcu.1-t o�,�rer 12 17,w but, no,t over 24 2. 00 For each, over, 24 It�,.-w N 3ugh OO Hx, EH ATERS 1 W DONI]E'., S TI C Por each %.,a t ez;,! 1:17 h, e a, C I r C11" I "t Ec�r a,cli, dorri, e s c a,,,l,, r 1,"ie a,'t e r C as,. r c u, 1 1 L, capa.c " ty to, 16,50 w'attirs .50 Folix e a,c',ih, dom,re stilc amIr hezitcz!x ci-yr-c'u.1 't capacity 16,50 wat--ts or, i.",'ili,ore u1r0'0 2. CC)'�,VAERCIAL OR INDUSTR-IAL Wa:ter Hop�zLer;rs, e,a cl'i,, c a.. r C"14; '�"L t $1.50 A -A zi,,, t. e r s r 21 �r For e a, &Ii, C J"c u.3"'. t 'n,o t, ov, er 5 Ik.-w 1,50 0 A , E7'o r e a,,c,,.,l m.11- "r Cu'a L-'. c".)-'v'exq .5 b"ut not over 15 k1w 2.00 Fbi: a 6 ci"rcul'..-L. over 15, kw 2. 50 Electric, KYvYvi'.1-1, ,For ezmic"I"i c,ircul"t i,-iot, over- 6 I'M M 1. 00 mmm� ci,rctiial`t over, 6 kw 'but � i I�rr: a "�Nrw�.w,w �m " 'L 2 k,w 2 .00, For ea,,c"h 1pvc-�,r 12 kxry not cwer 24 k,,,,,w 3.00 For ea,cl-,i,, al'lrctil."t over 24 kw 4 * 00 E . . ...... c.,,,, fi s F o r &E�,i. ch c- 1' t, -i-rci, 3,. 1Mu ",�iot c.,we,r 12 Rw 2,010 0 F'or each circult over.1.2 3C."Ary but nc,,t over 24 lz,:,,�,a 3 0 Oi 14),`or eina",'c"Ti c-.Lr,,c",,,:L't, aver 24 kw but n. o t o v r 4 8 le,", No,i m au 4*00 or c a c 'i ciw r cti. i It., o,14.,r e r 41 8 'kw but 1,10t over 6 5 00 F o r c, a c'h, i i: t c c u i rier 9,6, 1,v Ic)� v 6 ICD 0 I n f r a, - re d ,a t - -t- r c , a "t J -11C ia,r��id . bak:inn') . ........ 'r T.") e I �1-1, 0 1, a IL c .2,.,r, cu -L,t riot aver 15 kw, 1 50 For L-,,i,,,c h�, ic i Ul r c),L I al,�,",c r 5 not o",ver 15 k -w 2.501 For c.l.rcul't over 1 5 llciiu t, no t OVer 50 llczw, "3 5' I''* 1 0 For each circul"t ovel,- v50 loa b:u't ni,at, over 1001 kw 5 IDO Far ea c 1-1, c -j, r cu, " t aj. a,v,er 1.00 k.w itlY 10.00 IL A li UNDI."Z'r, T "-�.YE R C I R C UJT Iii'k"UNDRY" DVU T RY'l-ITIR, C11,F)c 1-1- $ 'l. 10110 COI,P� 1�13" I Cl"L A I JTIUNDRY CIRCT JI IT For vNnyB fee shall bc,,!,, $1, .0 0 Plurrs e-lliriy a,d,djl*L`tiloi,,aal. ch),Z,-,lrge for the dr.1",,vi"ng m.c"),t(.):,,- accorc-I!,anig to HP set forti'll Mf in'' the 1; SC 1"i e u d er Pa a, 1"') f S 0 ic -t, 1 n .,C) 2 0 0 1, O� sir e Gl TUBJ] LIGHT NG AN, D IS I`G 1,,T,S, F,"ox eziwIll S,119 - 1,1 c.) r d e! co ra "Li v, le A. n le tu'lng, $'J", 5 0 Follr� g'as 1-1g'htil ng (e x cl lu,sli, V(,,`�� of .11,ghti.n-q) .50 11.1h F o r e acli f 1 cri.rz "I'i le r 1"' n c o nne c J- o n, w.,mY a Ig :1.,1, 25, Ell, For flaz],,'ier on l ex1A r. Sign, 1. 0 0 or cc),nnectim,Ig -a alfte,:r iiioviMY rl"kg V a new loicat,ioll 1 . 50 For reconnecting a rou,toved Isigr i a�, t the 1.00 K. ITEM PO RA,F?,,,`Y' ,Not ovcr 50 ]Lza,.nrt�ps j$ 1. SO l e r 5 0, bu t -iot o ve r 10 0 2. 0, 0 'E"."ach suc,ccN.led-,pJ -n,g 1,00 Jamps or fractik,,'m t1a,,t 75 E LIGHTING, ETIC.fir and f,(,,.-,),ot,1ights wr bjord,r,s. ;--airiA E-;t,,r,3.Ps, 1-n, t-Ii e at r', le-;.: s, AQP WI-liere 100, or l,essi, �c;loldkets are 'i"nstalled $2. 50 Addill. t.i o n a 1. 5, 0 s o cl,ic et s jo r- f r a. c -Lf-.l' Grl th, fe r ell of f lo,50 M 1 r 1 POR7,"ABLE RIC' SIGN'S A 1ppo�ict bl(1111 I I E, �.7 N°P �)J.ectric s-3i..gn" mem,.-Is a small advertis,,,ing V c o n1L. r V Z111 C IE]". 0 1101 ra,�ted, wIL'th ai.d utsed, i m ..L, n, t (.,,rl 1 41.) T 0 f b J[- ings, on1y, -Ls-, fcapzt'i 11- 1 di -b liez. of b e,,:L, rig" moved, P"' ni".Mtoved at vri.,11 wiLthavit diax ,fi, a g,.,IL, 11"g 0 r a.] t,,e:11r-,,1`11cf mrL I he s tru, c-tu r,cv.�.-, oz- f :1,". 111 fl s, Ila a, t or a, d acei-it to the locatill 0'ri C) tl ve..: r le o f z, n,d I', '110�t or fastened n, place by nails,,, scmrew, co�r,iductox-:- wmmumiri, V, ng ex'l.,osu-i:-.e,s or lii"i zimy ot]-),er mai,.�,-im,er. No shall ].)c; req"Lairi��--,-d, for si,a,c"Yi 't', ab 1 le le I le c t•x i' IC�- S1,( the Cil-Cl'u'll t "t 0 WI-11, i c."':,11 .JDS W i 11; J." S"111. at t acl ied 'Frewn, s t a 1, 1 eld 'Eq .1 to a, c)-ex't :i,- t 41rn For-ea-dli seL. of te'll Eixtures (,-)Ir fraacti-on 'I e ci aa,:I.-ged rxr,I']Ly le rl- :LS eXCI`Lt,ded $ 0 0 M017"OR-S, For each. separate Tn.otm.- f3Orme xed, Not, o,,iorer 111,112 $ 50 Ovex 1/3 HP hmt ove-r 1, 1,1P 1.00 Oxve, 1 fl P P bi,,.at not over 3, 1-1- 1.50 Ovcar 3 HP 'but nat 8 -I'lP 2. 00 Over 8, 1"ll? bi,t :i,,,iot over 15 HP 2, .. 5 Over 15 111? but ,iot Oover 50 1 1P 3. 50 Over 50 1111P but noti.., over 100 HP 5. 0 0 Ove r 1. 0 0 1-1, P 10 1.10 0 p''O RIE" wl P 0 Rl k I l,")FMC,)TC),S i. .,r le t4 2 n tai -a 11 a t, , 10 111' S "D $ 3. 0 0 .1 t 1 1. ion. Each a dd J, ari� zil �,xl s t a 11. a, "L temlr),orl'ary lconstruct-i-on ni,,,otor fX,:,mlin o,:n,( pl,,ace to such tempcprary, mator ll,,s,, cattach-ed to an cxurtl.,,et fax - whl:"L(. "i, a, perlrnil,,t has d -,:uid th,e f pe.i,,,- i.i.,'t e le Ir 3, tli, e, re f or h a Is b e e Y'.i, o n c e p a, 1, d No tc%,,,,rnporary nieter loop assennbl� hc s 11 "b e r, e I oc a t em yY wl, thout payi,,,cient of permiilt fee as, set for-Lh hcre.J-n. Temj:;�,i.,)rary niator installati'Lons f ,or c;-air,'i"i-i.vial ri"des, e�'tc.l f 1,Elt c-), f ),10.00 shall. be c'laargcm.,,d-. "T�il,.ATORS, CAPACITORS, AC llOYl,,,(:) Alir) FBx['l,]D For the purposca, of t'h,,l S subzect..iol ',U -,,it I le'm i,s eq :ivalei to I., kxk.,ra Not, ltimx,r dr,"lla)-71 5ry l $3 * 00 r i<;.-w 1,)narL, i,,i,cpt O`S7'CkX" 1 5 0 v e r 1. 5 l 10,0,0 RM, I4J[,SC.E Eicni,, motio'I'l. pictt'Ire pro)-IEO,cti(.,.),n i nac Ine U I.iag 3,31, nu in, or -I.arlgier filin $ 2 IN, 5 0 Eiach x-i.,,y milac'.1hiLne ca,i,-tlet 2-.50 Elaic,"I"i d,en,tal cq-iair ou"LlLet 2 . ShO Ea"Wer l.,,,t. elect,n"LIC c,),nI,'-'[a,Ii! outlet 2.504 Each 'welder outllerot 2. i E;acht ls,'trelet sti:,:i,,nd.,ar,d ox fii-X"ice 1 00 For cond,,iou"'t-l' El,�u-ld, ✓racewa,,;,,, CA f c":1- le ('-D ,-f� IVI Il- cl'-,i.arged for, �,:,aac":11 ,,��1.00 so 500 sqtiare fe,&�'t of floor, a'.'r,"aa or �,nyl' f 1:1 ZI ct I o n. th e r e o f'*, We e s, are to be c],aarged Nil ll0, 1) U. r i, ng, s exclulded only N ell cirm I I Su REPAIRS,, ALTE RAT T01,',iI,` S,, 2!iDD,I'ITOlIn4'S iR Outlets added to exI*.,c>tir"ig c",arcu,"I"'"t-s. (For ev(,,,xy, -L-.,en or yeeyr u)$,1.00 P e rm t, f �e: es fo r a d, d " t to o r 1terat 1 1. 0 I'l, S CI 1, 101"I'll S IIC) f existing ievork slia,,11, be th,e sac,,ixie a, s, f o, r new, wmem" rk.,li P e rm', it, f" le s, f o Ir re "n 3- pilvi r lo r f o r wo rk f o r vil, c n1 'a 0 i rm, I, reqliu."'I'll. red but for i"ji,c) fee I'S " 't, l C�"qVM ,provided slnzll be $1,00l'. S E�- C im J. 0 0 3 WORI`�, WITHOU1.1, A Envf0 "1 L"i"xicept, 'Tvhei'i ieIic;�ctrj,,,-ca,1 work may w*.-,,tI.-),c)u.,t a be perml the fe for, a,, permil,,,t• for wor"Ile, conittyitenicied wi*tliout aper-nnii-il"Llt, sIvall"L hlc-�,.% tw, i��i t yl - f i v- le d ol., 1, oma r s Mr iN ($25.010) PITL',ts, 'the fee specl,"'.1 led by Secti'lon 10.02 a 10 ''ve. S ec# 10.04 1X M: P T I MIS T1'-',i,,e Cou.WV t,f Hawall""A"ll., Y o and,. all coi,'-,itriac,to�, s .1, na III Ilk, icl .r p e ri fol:t-i:n, Pcln-,10' autlaor''.'I,",,�ty lof sz, Ciou,,,illr r,--),h,a1I-, be: •e x,(,,, fro:i-iii -tlae rc-', N� (:.1 to pa",%,r pei:i,,"n,I*t fees. C, le "W �� C1,11,1A I S FOR rji 1, �,), - E"m["i AIA I'd , AND MISCJ p I,' S iE C T "IL" C) I : S, le; c 11 0 1 E,>[T I N:S P E C TIO".1,lITS I f 01 al, "'E"t er no� t c le t lo� li-,.i p tl'ian o,ne Ins ct,iilon J -s necessary "t'o ,i', -n, ure 1' wor'Irz, "idier 1,"lie pernv"t "Ila --is belex-i deficient or d,.„w; fiec,ta-we ILPEE correc,ted,,, t,.olcic r of errinias e E33"If-I'all pay the Dir,ec"Lt-loir cl c:i.ldo]- 1un a,r, is ($-5 . 0 0) fb :r le a cli d, d,."- it o i -i a 1, in s p le c t i o n N Siec-.,02 M, I S CE L Id'�,NE7,(.,])U,S IINIS I r", "' 01 s Fc),r the sp e c i,o xl 1� O'rI '0 f a ny, el ectr,i,ca, 1 liL mstiall.at,' i'vo "t': c (,:)v le r e id lay a I' .,e le s 1.w) le c:L 'If il.e d thil"LE-,; Cod,e, tl-ie person " reqlul lie C,-;tIrng t,1"ae n. Ishall-I payt.,OI the DiLrector of Firiate" nce fi've dol,'Iars ($15.00) for eac"i ht,our o -'r u -imspe n and plortlon ,thc,.%,.r,lec),lf' thatJ s req, -i-'r-ed to mae t1"te I it, r av e t c) a nd f'r cljrt- tli le JL n s t a 11 a t, i o n. c`dl 1, 11 m w klept on fi,,Ile iaxid be for pubLi,,C, 1,111SPeCti 11", 1 1 e e �-techn "i c a J. s, p le ai. f J"I" I ce,. U."he scol", a � i:,: i 0 n S C(:),uinc-ty le is, Of f er le" and exein,pt1o,,t,,,u,,, set in, ,z ald, ("'ade a,re 1:L bj,,r aidopted, as thile ,standard for eleictrical covered, by,, the Codirl, pi.aliv." there aric lic""3'' f i lc] i, le r s le t,"J., loll 0 f til �'J, ec 3A_ r L) i s,, a,. o n i, n ai,-j,y S t, 11"(z 1ar t,J,.,ctaIar :t1na:I_ C de Se:c. 1.02, Psfo persoi"i, ,sI-ia,I.I do ar, caus,e tio, be daj,--Le any wor",Irr, url,:iach doez not comply with the ,e,,, ,pr,,c,,)vi 3,.om of wcd C, 1' . ... ... i0, Se", 2. S rA.NDA. FRDS Dm'1 11 I`E""�: 1 "114"' I3Z,,,N'IIrA 1,!Qr CE 10,1i" ME I"CAL WORK 'worl, i pr,ovl in, npmt o, elec,tr'cal. E',IIx,c..,e,Pt as otherwa died ere for viliich a pelri,�,n'.J!i, ,,is r,equiried. sih a, I ,I boe p ler fo �t,.mt le d b a n,, lE'; o n 'Y J, fi L d,, a - d r e lc: [A tared superv',. ` J., s, nol,t c rt ,n 1, 1 -ng e 1 le ct ri ci, a n, wl'�I. o a d1l 1 j- i a,n r n lie le c tx" ic i" a, n o r e lc:%.,c til. r c ,svipe,rv. ou, ri�,i, e'N�,rina 4! A j_ a L u pe rva. sa.,. ng, tian so,ec,, Ity, cxd le za C"I I" , Sc p , uIII e 1 le c t, r.iLc J. a u ervasing speclalty le 1, ec it r.ic i, ai"I 01 11 j 0 zuez,, s d r .' c.:!i'_ a,'ii, 'may 1., 3 �m,eymi:,:t'n s,,I,.?e i.c.111 :L le 1 e, c r., C or, o u c el e c- a 1, n per f o nt,i,,a-). c o f is, tac I'll r an I p ic 0, t" Hum— llll�) %Z fir, T7,�11SIDARDS F"O'B, ELI` S'CTRI (IM"IIIIIJ WORK S ec. ADOPTION OF 1.1111"E119 11,`411t I" 01"J"i 1A EI,,EC TZI CAI, CODJ`-,i.l Th,,�e Code, -L I. 1".'I co, 19,618 by 'tI 1,968' Eld.."t pyl. i..'j,'' 01 11`z t I'Lo n al, F-` ii. r e Pr lo, t le c t '3". o, xoi, A is s o c. a,IKh6 0, B al., L. Stre,et,, Bo is t on M a is, , a,c'.�1"'i u rs (:N�, t't. s 0 2 110 lc,;,,,`b y�, a,, do pt d b y re f e r e n c e ,E,,,i d im a, d le a, II ",hri& p a r, i er o f a ,r icop" '�Sl of' lr� a-ii.id Code shia-11., be m w klept on fi,,Ile iaxid be for pubLi,,C, 1,111SPeCti 11", 1 1 e e �-techn "i c a J. s, p le ai. f J"I" I ce,. U."he scol", a � i:,: i 0 n S C(:),uinc-ty le is, Of f er le" and exein,pt1o,,t,,,u,,, set in, ,z ald, ("'ade a,re 1:L bj,,r aidopted, as thile ,standard for eleictrical covered, by,, the Codirl, pi.aliv." there aric lic""3'' f i lc] i, le r s le t,"J., loll 0 f til �'J, ec 3A_ r L) i s,, a,. o n i, n ai,-j,y S t, 11"(z 1ar t,J,.,ctaIar :t1na:I_ C de Se:c. 1.02, Psfo persoi"i, ,sI-ia,I.I do ar, caus,e tio, be daj,--Le any wor",Irr, url,:iach doez not comply with the ,e,,, ,pr,,c,,)vi 3,.om of wcd C, 1' . ... ... i0, Se", 2. S rA.NDA. FRDS Dm'1 11 I`E""�: 1 "114"' I3Z,,,N'IIrA 1,!Qr CE 10,1i" ME I"CAL WORK 'worl, i pr,ovl in, npmt o, elec,tr'cal. E',IIx,c..,e,Pt as otherwa died ere for viliich a pelri,�,n'.J!i, ,,is r,equiried. sih a, I ,I boe p ler fo �t,.mt le d b a n,, lE'; o n 'Y J, fi L d,, a - d r e lc: [A tared superv',. ` J., s, nol,t c rt ,n 1, 1 -ng e 1 le ct ri ci, a n, wl'�I. o a d1l 1 j- i a,n r n lie le c tx" ic i" a, n o r e lc:%.,c til. r c ,svipe,rv. ou, ri�,i, e'N�,rina 4! A j_ a L u pe rva. sa.,. ng, tian so,ec,, Ity, cxd le za C"I I" , Sc p , uIII e 1 le c t, r.iLc J. a u ervasing speclalty le 1, ec it r.ic i, ai"I 01 11 j 0 zuez,, s d r .' c.:!i'_ a,'ii, 'may 1., 3 �m,eymi:,:t'n s,,I,.?e i.c.111 :L le 1 e, c r., C or, o u c el e c- a 1, n per f o nt,i,,a-). c o f is, tac I'll r an I p ic 0, t" Hum— 4, an al,,:) y:) n "La., c e in a, n e 1. e 'All AN: t',r, cal �i,,-ogrc',-a",,ni"i urkd,(z,,,:!-r d :r, ,stt i,,,, eS a, e ad :)vi ded N p 1,0 i� r ��, "t, J, 1,-,)lole and Lit m",[�aen, crn, e d, b',;, Coirnty shall. riot be pro,]'�ilbited Y L 110''Ixx. �Izca' 11. wo, Ir"T, C,� \%a i,rl by the pr.*ov,,i.,s,,I*, 'I s ent. the scope of -11:1 )rrlrll W�.L ARTI-11 Cl,,'jE 6. r qf ca,t IV, Sec. I I", EXM-UNING BOARD Se,c. 1, ,, 0 Jw, COMI-10 S,"T. T ION Tlilere is her(zN',by created a. Board of Electr:ical. ref(:ixred to as, the j,.,iig of sevex"i, (7) mu',iil),ers M rzwixil)� e r s, I-io f tll,e B o a Ir d c on �s, s , p, Boai IT , s, one , zi, gj e rd s,'ha-A-1. 3. nc ltldcn.thre,e (3) p e ry e Ct 1 c,i, a, n P 1, s i, r - S 11,19 -epr . .. .... ,cA x-vt at I'Ve f roriirt. t'l le tl, I'l ty I try, one sq: �� -,. ,� �' "", a '" "..,�,. e�.,�. s �,, .., ,;� ,��'�•°r+a � r�^ ,n> i � %re lixuthorlty, and tlile ,spec.ii.la,lty ded, t:laat, o'n the f Irlot., sen."i.or er ii,nspector- proval. �� Ii-cen,se a per,son wlthou-t a supery ,,L -d. Il-ve Au th o j,* I ty, may be appo'l.lilted. to the Ro a,, r m All and,, seniax-� itteml),er :iSpector, sh,a],.1, "be, ex—offiLIC."LLIO ernl)ers w.in"th vo,,Ice buct no v,llr.,,)te,. 'I"he members, of the Boiz.-ircyg xd, otIller than, ALI n i n,, i s "t�. x7a t iv, , (7�1 TNI u i (,,.) r, 1", ty a n d sen,i- lo r m rl,:), er i n,, s, 1,.xc-� i t o s a a be a -i-mted by tl Mayor ,e,rrmllent eirnployees d shall ppo, wJ.''tb',. the approVa."L, of tlie Cmi;-nty Counc.il. IT'he Board sh,all elec't a cha-iLlI"man ,and a 'I �� , .�,�, °� It The, shall"I act as, th,,e clia,ji.:,rj,,nan in th.,e temporz:,vry The A�zlim n i a ��t rat Ill,, ve abz,s,,eY,7i,j,ce or (Iizab�i,.Lity of -L."I've Authority sl�,all p,rovide-, a slecrc.,�-taxy for, t'he, Board. Sec. 1.02 TERM OF" OFFICE Ealcl"i ,r-7;liall s,erve: for 0 a teir.-nm viil'th tllie 'tern't f(::)f -t`l'ioc:.% Mayor and a,nyrrt.,(c-1,.,m6 be r ru ay tl aMproval of -L--l"'ie County Councl I of tlllc-�l COU'rill".1 Y '. WIMM E N SAI'l][I I 011 be r- s, o Sec 1". * 0 f tl-ie Bo,zixd slla,ll. 'be pal"A $1.0.,00, fult.- eacl",,i,, meetii,7ig but ,ottin�or',e appe-al '1,,-,,)y pe r,,s 0, 1"1 tliz�i,.n $ 50 in a,"t"iy o,,i,,,i,e inion � L. `d c, appli, dnts S ecs,, 1 . 0 4 EXPI.INSES Boarcl riia y xPr rl as mziy be necessary n-n,ce of JLI-ts and prope,r in va speIMl cialty clectri'c."Lail " �l I - C) 0 cnd fuxicti.c.,m 'i C"'! pr. been made for- vih,ich iappr,oj,� "J" I) t1",le County " CO'LITICi, I of the Cou",r-iL-'tf--,'.'Y t'hler,cf'c),,,,r", shall., be i,,n,, .>I d, e I) y w a, r ran *1 t s, auc d o n, %ro,,u, ch e r s s j- i,)�,,e d b Y, th e chz :L, rm, zi, n, o r acting clria-ir C(E" tli,e Boazl,d. wa tli� a g de: o f Se C,O, 1-.05 RULES Tl -.ie B o a, r d s h 1, 1 a, d, o pt r ea s, o ab J. e yam" u 1 e s fol r t Ii�, e S r 0, 1 d, t-'I-i,zat pe, r f o, rm,r leic,., c% o f t s du t r rix.) act��! l 10 "ll, Shall, be takien, by; the Board un"lless t1le acti.an r,ec,e,3,,,ve:sl o,r e vot,es Sec r . 1. .0 6, Ul'.1 11. "1' Ed Ir„ l,.,sTD PCME RS A, ARIa PEAL, The Bo,ia,r,d s,"] iiall hear anu appe-al '1,,-,,)y pe r,,s 0, 1"1 a ,r J-, e V E., 4) .,j,,,-,v,e Avi,thor i,ty. gg, d I t,,i d e ci... s J. o ia o f e AcIra, "IIM M'L n." s t, rzi t B. Board sli,,&l.1 c, appli, dnts fo r, c e r t i fi c a t� 10, n a,c:,Dd it 7A. E-3,3 AlIg Sp�eC-IcILy electrnd S 11,1 C -I- m, �`,Cllall, OL ri C.� ian L: rl i c 1 e i an elec-. speIMl cialty clectri'c."Lail Z"'Ind iti o, -t i O'n pictuIMI re, 1, o, pi ex z to r and sliall sulrm'.t to ��L,,,'he D,(�:.Ap, tT,, it tlinl&e S o f app I li-can-L;,s qvi,ali"fie,d, for" certirvw f.1coW at.,11"on a,.7�, supe rv.L si T, -).,g c-��: ic -t:r-' IcIlla"ll spec.-Lalty e I e c t r i", cJ a n,,i, o alxn�cIMO➢ N n, e LE"! C "t'll", 1, iim�i, o, ui,, r t'ie �,,ri, ti,,, a n s, pedd Y7 e' e c J. c,,i. a, it"'it and (r)j:)era��L,or al,l3Sl,l7l(":" the exa .11. riati", on p p th, e r, e f o ��r p re s c L bcz:�cl, 'b y t Yi e, B o zixr-, d wa tli� a g de: o f f (701) or o v, dec"I' 1"'ilowi ver I S le-Px I c"". ZZ) any for I acig, c a 1 ty c 1, le ctr i.c.11an ar-'d 0 ur ne n7 jEl C,I a c'l r ,,pe Board cour,,I,��t%.m itr of Ilzarvn-.i, �p eng'agcz)-id a bona fl'Ae manner airz, :r,mu,,pervs' I'i_ 'I'ag r �i _L ain la,'Y�i, d rrw s el e ct c, " 1. le c o "u r.r"'i le', (� I , sp, c alty elle,cltri pirl'or to tT','ie date c,),,f adc�,,pti,on of le, iAO n S CO'C Board cour,,I,��t%.m itr of Ilzarvn-.i, Il, c_'; beE�1`1 c.;o, leng'aged that ld&te, Ole Blc:',-)a,i'.�-d issue such cert,I'f:i.,cca_,,t.. ic'),n iro le xi i n, o :x -i a p p 11" c a lo: 6,1, "�f o r, s, tt c4l"), c rt f c al., J. 011 is made to tlie Board as pi o vi d. le d u, r i, d le x, tlds Code a'ot-ticl ae (C 0 id, ay s a f r h1s �,a,te'.i,-ilir t'. '1 :3 t s, h, 1, J. take c.,tffectt,'Q' 0 t r,w J si e h?,: f(.,, -,)r ,csucl c 3.. �f jic a�'t'.', 10 ri """")'Ta -a Ll. b le lid, ec d et,-,�, a c c or d anc le w tla, t"I'i e lo, d Cic','xde ai,,'id stiic"h c�err��t.111�',.,f,3�p-,c.,!ja,-t,i".on s,h1a]_-',I be .`L',,ssu,cd or der'iled accordI.j,,'j,gj.% Pend,ix'ig -0 i,,e C,)f aj,,:,� III -i..on, the clor",iti-nuancle of 0"") � p 1 3 -cat..' I employi,ii,ent J" n -tlie sevej,.Ial specialties concer-,ned s'I,,i,,aI.I]I.I �"I O-EC"I"RION 2.04 (,)"Fo c 41, DETEPUAINATION 01" 1 COMPLIA C.',"E"' 'W'I Iw R v;li, le the r "Lne ART"[ C JE 6 11 E 0 F T"I"'i, e 'Bc,) la',1 d s II a, I d e �'t le �,i m,'. ica or 11'Ot zpqv pli_carits, ficx:r:�� zas clectxl_ contractor or spir contract,or meet 'the 'Y ft"1. I�iere or 111-n Se,c"tlon 2.04 of Art'cl.e 6 he.i:-,iof' ar'ild szh; .11 sv"''bur-i,,.`_t to t'h,! Dc.� c"I I pa',rtrncc,,nt, tli,,�e n,;,,,. rtes of J wI','-'i,,o meet sa.2"A u e 1, "p NNW D. APP "E" 'A Iv 1( XI A I )EI IAL OF"' I—' ("'IS"I"RATIO"I"I (-W o ar d sh,all Department, all, ls froin aii�.y der),,,I'Lal of rex- le ,,i on tr -ci, t by�, tI.ile "Are I ai"!iy ,r,e-- tvi,�idc,:..x tli,e p ro v i-, s -10 :1, -JI s, of Jg, ai-i,,d Sec,t,ra )Llon 4.MI 0,3 of 6, 1,�,i;,er:eof. P ar�,,,tdl i i'i 't,o t,he of Lam a, I e a 1 It the, Boaxid, inay appell-an't"., :1 7ie to be re,--,r,,-c�,�:g,3"',.,s�t,,er,e,d wd',,,th, -the Department, ��A de,,h i :Ll z: o f No IL, - 'n sl"i "(w''- I I 'b le le ,,.ur e g j- s t i (D'', reversed on app lea."L only, iJx.. rlw. urn ile Board finds that tlnie appell-an't"., me,e:ts, t,-Ilie "f sm s p ar",il, d a -ble tio Ppl c a thc,;�. cliass, In he, Tias appli.ed frcsr a n,, sjupervisii,,-liq d,eriial. of 1 Is SU, stEaLneld, I ai"!iy ,r,e-- ul r e g,,ji. s llo"rl trz,t,' n n g r a ri t, le d p r n �3. iz), ic,, d le le 1, la-LILOI "1 0 '1 tI e, ap,),,(ska,` e:! I OIL I, AIII 11 b re cz , n c�% e or &�,Ldon carUd d, I EVOCKPTON OR SUSPEIE�IISION lf le B o ar d sll-i a 1, 1 r le Nrol.c., c�2, fir, tnW CEq CIE -R.7_1 cej,, - t f c te a, nd, r lie g."i.;c.,; o f a, ny p le r s, on "1 1 - , a w1ol, e i"i e%r e r, 1. t f JL n id.,,st �t li,. a t tli, ca� c-, le r t i f a t le Ii a,, s b,,e le n, :h Upo� a lb rz(,, p r n., s u, c"h o 't ai_ n e d, by f r w,.i d o r m, 1*1 s.1 e ri a, �t 1, 0,111 : a-,eg _st*a,tiLc)n of .1le V o" Ct, 1, 01 110 . 1 C e r t.I. f I c la, tu i, o n a. nd Y." 1, ch�, pel"Irsati, ,,r. -,;'ha,], -1 'be a1,Iow(,-!d for a, pe,7�r .1"'. o d, (:)f ' S.1". X (6) t: "la c,_;�;, e in, f t e r r MC31.11 .1 Z), stj S, P� E j ZD�. � ),114' 0 F R]`,,"I ("."'I I. i RA,"r, I 011'11,1�4` TI -i, e IB o,F r d, s h a 11 sm s p ar",il, d t It le r e g, IL S, "t x"A' ZI, t :L or'l Z,11171 Y, SVIO, P ic", r", It JiL �Mfn,;,i r"v( le, 1 e C'tr.i, c:i, a n,, sjupervisii,,-liq specialt, ;r electr.3., cal. c (D, i'vt j,7 (al (_"Pl't lo, r o r I C* Ell s p le i, e 1. e, c t: r,�� c_ a) ic, o n �t: r a, c t o r w] vo a] I (:),ws 1"'J.,s or &�,Ldon carUd d, tio ufflm� I r -xta, r c'"I b sago, ae d,. d "Ill 1-, n, d 1, Ir -,Y J i rtg a, 1. f pe r f 0 a ri,c e a w rk NaIt c"jior -,*, CL - on W (.11; *t'i h'i-; elezctr'cal. buc'l " p e n s '3L 01 scI izi 11 b e f o r, a, J od of nat pe m 1 , 1r' 3. PERMISSIVE SUSPENS1011 OR I VC - )CS TTON 71"�,,),,,e Boiavl-d nm a y s u s "pil e , d, f o, r s, u ch p e:z,.-:i,. d a s11 t d e c�,,,tr[s a, dv "Ll s le ox 17evolei.-.'I,r�--,�'the and, F I.- b, u i,�; i" n e ss of any ,p er s, or"L f o r 'b ei., ng p �ii J.. 1,111 (�,"11 p al J -y e ng -a, d JL'eau a,, g 11c. n, a v o c a I o n. F I.- b, u i,�; i" n e ss o tl,'ie r 't, li, a ri,, t1i,,-Elt for whiLch the cert,i.fic&te o, r r e g zi, t i, o n we r e I, d i ssu ca faU,g, i i, i -to, coriiply witt-i, 11-j. t e a 'b 1, pp i.,i e p r s C, --q 1011 f V13 0 c t1d, "'! C , d a �:I- 119 ,,.",c) e a-ftEr hz:;-,v* rc�;,kc,e."Lv,,&d f,ron"11,. il rj,': ag a misrepresentation I C5, 1,.,.L G. Lh e Adn ' n t 7 1 t v e I �i vth, o,i mal -ii, j -,n an, appli''CEA-- e ri "by fraud ol., M, Upion lon ta, t regacs-'�,trat. isrepreser ch revocatiort oir TIC), and, of sucli per -sort, shall 'b,e al] -owed, for a pe,,i.,,a.od, of' six (6) months, th.ereafter. `3 E REVOCA 101,4 013'%, OF' CERTIFICATE 4, 4, 1,,,-1E,AR1NG BE "1" 01", 0 'I f , *,c a e or 0 R RE G I S '111" '111,Z,`,,A'1"�',I 10,N� B e aitI.- e a, i,--,iy s u,(.111i. ic ( za r, �ti I e g 1 s t, rni, `LPA on is revok-ed or (-=,vispexided, Bo&,rd at., whicIi time the person, may 11 hold a hjeia, 'Jol S ni a. r m ic, L 1. 1' S c e r, t i f c a te a Ir'. 1:-)� e f , 0''I:', e t1a c-,"), B o, a x�, d ""' afro f e ri s, e o f h, " or 'lie slaa, A 1>(:,�c 1V "I", t lst ten I 1811M. ('41 d a Y"mti.,ce oi- Ducl-i i r'" 31 1 tig If after c a, .�r le f °u, I c n, is JL ("le .1-Z-1, L i"c') n - "E a 11. h le, f a ict, s n' th e , ) revoked or suc,,-',pendec"1,, t1l,kile Board sl�).,all 0 Ic XI '. A, ,;, d er a :2 n d. s uch o r d e r h a 1. 1, le e f f le c t edi,a t e I y th c r Iry f 't r . Sec 1 0 7 % SUB','.Odb"'J'� tl ,a,, n d J. s s,'t ve The Board shall litav'e the power to adin,"A"'i' n e is als p '.1- e s,,c id, J �n S le c't-i ol, S), 2 1 Rev sed tu'�bes. Sec�'* r' lip 2. EL1 CTF?f,1CAL C01,11-RACTC)"], AND ELEC"17RICAL SPEC1,ALTY C01,1TRACTOR R' "11.0 le .01 2.01 CER,111IF'ICA-1 ��AND E GI S T'F, 'r N 1" 1, D Nic, pe,rson sl',j-all e,'i",-igage J".n, a 1"z;'-uS-'Lness tl."'ie Per le.lectr"cal f ',cat.e or, 0 c t r i ca I co,'i -itrzicv-b r or el .. . . . . . . . ect,�rilciad r-pecia"Ity co il-i "t i c tar u, n le s s revo 'ked, ox sus p le n, d ed, lo r at, may revok:e or,- m i, is,"� ')-voe n d, It ic-7, ert 1", c a t le o r re g t 3.,on ,,a ii -d iccr-1. r t ll -f 31"". c a, t e o r '.r egi . ... . slicagym ,,I.ld b(: , ) revoked or suc,,-',pendec"1,, t1l,kile Board sl�).,all 0 Ic XI '. A, ,;, d er a :2 n d. s uch o r d e r h a 1. 1, le e f f le c t edi,a t e I y th c r Iry f 't r . Sec 1 0 7 % SUB','.Odb"'J'� tl ,a,, n d J. s s,'t ve The Board shall litav'e the power to adin,"A"'i' n e is als p '.1- e s,,c id, J �n S le c't-i ol, S), 2 1 Rev sed tu'�bes. Sec�'* r' lip 2. EL1 CTF?f,1CAL C01,11-RACTC)"], AND ELEC"17RICAL SPEC1,ALTY C01,1TRACTOR R' "11.0 le .01 2.01 CER,111IF'ICA-1 ��AND E GI S T'F, 'r N 1" 1, D Nic, pe,rson sl',j-all e,'i",-igage J".n, a 1"z;'-uS-'Lness tl."'ie Per le.lectr"cal or riep.: c.. -esc-!x,rit �to be an 0 c t r i ca I co,'i -itrzicv-b r or el .. . . . . . . . ect,�rilciad r-pecia"Ity co il-i "t i c tar u, n le s s le s a i;ii, le e c t r I'L c, a.,W. c o n L -x ac ��t lo, r '' s or le 1 e ic -L r c a s 3. pecl.,'alty, contr,a,ctor1`',r certi, icate the and is Department a,s an e le ctr.'I".. cia or electri.cal splec] . ... . .. ... 211 t",%' contractic)r Seic,. 2.02 Fur ple r s de si r.'I'll iig to have a as, an el c tri, c a 1- (,-'�'qo n t-.arcra c t o r, o r &I, e c t --ri-cca 1, �c pi, le c i zi � "Lt colntra,ctor shz,1,111 le a app.1-1cati,,o"n tli,�:'-refor wi'. tl'�l 'tT.'l, le M �� D, ,i,,z) a,,)-- -t ri ervi c).,i. i, f iib d, 1:) a r -n. i s y, d","ae Dcj:)a 1- r,it. Th e f'c�) r ra, s TI, 11 a,�,,.y r c qia 1 r c a n �t, i:t sl atc-,,�i,,ttent, of rJ ce 2.03 'I"TE] ,Ai,,,�iy pel" C", t -i� virao Y "I a,,'-pl,,*,es f ') or an - x e 1,( corvtra,ct,(,,".,),r' s e(,w.o co �n t, rl o, r ' s, c er t "I". f , i c a t e pay a of tve,t rlt,�, ($25.(DO) to, '011,C]".1 Dixectar Y 11. SII%y; �b��N, �p ry"lryp N,�j�, ,of' Fi 0 S ec 2.0,14 MI-1-iIMUM, RE`Q'UTIA"-' !4iEl`,,`[TS A. An electir-Ji. cal. cwi,,,tractor slaal I'll. .61, wj 1 M, a ir'l, tZ, a p I a c e o, f b 1,,:t i ni s s 0 J, a b u s,l., 11"I S S, 0:v ,LIAa)cl"i.,,i s tr'l al e c -t r i ( zt 1 c. t"', ci-'It c. r dti :r- i �, ir -lkg 'n tl-j,,e Catrj'!-L-I�,v 1 "Wr VI, -h a, I.* st,ed, IfIL-I.C)m sai'd, rri 1) :E bu, s 1 fo r co ri t ra c t� al",", s '1,--)e pr,ll aeld engaf nvrwN in �t,.Tle ):)m- s 1 ri e ss, (-),f' n el e c -t r i ( zt 1 c. t"', ci-'It c. r dti :r- i �, ir -lkg nai,-7ava IfIL-I.C)m sai'd, rri 1) :E bu, s 1 fo r co ri t ra c t� al",", s o U I S a pa rt, b - t ""' nt e ' a s vvlio Slia,11 niz)t' 1 r&( u ren "rye (W to a plzice ol *vt to, 1,-I;-�.-ave a State coi,),,t,.r-,ac't,cvr, S, 11-i.-cens,le, piarst�tm "F, l'apter 101,44, IlawaJi-i" Revraw sed S t a, t u"L. e s, a n d. Ol %03 Ree ai stipervis.-ing electli-d',ciLan, ox erntp ILoy" 11 0 * ."I, Ig a El.,:,i'-iga,�-'Illed 111111M tlie b u s 35'. 1") ( c), f 'I, CM ,! (.n'j 0 i(: c,a,,l,-. corL,��t'ractor, 1 p:rov,JLd,rz,.d 3. thzit- th' 1, l,S t a 1,, 1 'b, e c o n s, d e r le d, s ati, sAW f JL c d t"I"'I. xl' e q 'rk-nw nli, c''! ,n ca,,s( of a 1 11.1 S, I I I -i I or, i f o n e o, f J'. t e ],, e'C tr r i, iza fill!", ell"I"I"'rib e r s or ampl,c),yees Ji -s a svipc-�,rv. r . . ... . . . i., ng c n prl.ncl'pall.,�,r e-:,tigicaged in the 'bus CA' tll�e o n, c 0 "I"'It'r Entrw m J r .w w, of 'Flawlaii, execut,c,`,'.vd 4. v, a T)or",id t""' -,., C) , Cot" 11 3. m 11, t c), r -t 1,i,, er,,r'i, as... ,., ,W „ n (# a, I a n d b a, s u, r e ty 3 A. i,r",vec si f comPany autl, I E% �d ft,,o c o b�ii,c " :Ln th,e S�t:�Ia�te o, I H, wa.J.".A. ai-,),,,d 'by, th,,e Direct-,ar of co ri d 1", t31-ow.-,,-,�d, on, 't 11 11 w - prinai-pal - a, n',� 7 ck cian, or (:,:)f -a supervi,.,c, (",'."ode tha ,ia a, Y 1 be c " 't e, d t o 1 t 'i:ig, in, %%rr I I b y tli, A dirct , 1-1, j,,,z,,) a J "t r t *- v e Au t hi,or Ji. t: axid dp 1Y fiar'ther on the is All I -i,g (11-vl # e Di re c t or of" Fi-namcr-,�, n,ot tl-jan t,l:'iirt.Y (30) days' wi,13*, tten i.on c',)f e lr)on,,dl. no t,lc e b e f o -'L, c ... .... . ri c cl 1, 1 a t cw. fiver 0 B ATri, electr-,"Ical, ;ac I- c) r",ver s, s o r Ma,in'tizi-i" ol rl i. ri, zi, b s - n, z,:,,,,,t 1, , , "I f dia-rt, r al- d St": r wfir Cat ar i:tzy w'tli, a LjL,�te'dam , telepl-i.1c)ne i:,,, -r -id, be pri-T111c] 'Pa"lly engagi,.d .,in -1.,"he 11 bvi.s* of ari contractor 1, 'J", L d p 1, ac e of r�,v houxs fJ,,,-'om, sal, dvix,"L�)�-),g rlarual- bus iri,eis.. b �u, si' �ri, e s s . 2 i 'C n Is a n -0, Have a, State co]"'atrIE", tor Is 1 ce e t t c r 4 4 4 flalNr a vele,d S t a t u t e s and 3. Be z su perv,,.i- ii,,"'ig spec s, ia-l.ty lectr3 cian, or emp.'. -a supervi,.,c, ing clal.-ty principally engaged iri the ']-)ius no f t1i le c,% c tr cIIal s ,p e ca a lty corltr*, lc:-7tO,ry prjavid(ml,d, -t la, Lan. t-,It'li *1 si requJ,`,.,raiif:�-.nt, L,,:;lh,,a,l.l 'be J red "n t'h,c-,,,,,% case of a, partmership c 011 S I C 1, ;:3, E, I c:,,:,! r s o r, em p.l., o y e e ox c:or on,Urz of' 1 pora-t'oill s a s tx ry i, si. n g e t C :L P Y a i, ,P e ri g a g e d i tl"'i s, i. n e s s o f the electrli..cal, sp, c,.,,L al."tly con t r zi., -t'l of 4. Give a, bancl, tc) by ilt ox tl-,iem, az j,.,-)rl'll-]lCl,.Pal, and. 1),y a suxety, 0(3111 to do b,t,,i,,s,-,i,n,ess, i,,ri "the State of' H'Ne,,7ai n d, a D 17 (,,:),vred by l-,-d'r,irect,o%r of Finance,, ii,�,i t1"i,,e 1,,. ) ! ena-l aiulTt of 4(:))ri,e tliousa-i",i,d d0.jlzi--i.^;s ($1,1,000.00)10 on t] -e jimm pr," I 'A ,Ir,,,, -)al co W* any of t wi, mtz- y be cited to, h -iii -Ill I co,n�di..tl'Loned I 1'��l t'l i.i, elL I.I., :y gim, the D'Lrelc"ltor of F:Lnax�ice no'"t, less tl:ian tlx,iJ',.-r.. tY,, (30) days" wr,i.ttlen- not-Ilici. before a:.r),,,vr C ellel't."Lorl of' ",t,",h,e b,o,ICd„-i,,.d,, sec 2 .0 5 C,A-� li, CEli I.R."[1 I ON OF E C F: "IT I CP 'TION ANI IRREGISITATION r a c t, o r .T -T an elec�trical con,trac,tlor Or spec:La],.ty c(),,n should zcltt an,y ti-,i.iie belc,,,ome ariww ° ofww � �e alic:)-ther el-ect-Prical, "I ty, c,(:) ti, -,t ra c "t o i- t ,c o, n, -t ra c t., o,,,i-- or, e I e ic t i:- i ca 1 s, p e c 1, cill- , Ill- hle s'llall suiblmi.rr I*S as an, lle-1,ectri cal contractor or electr-Ili.-ica"I S c, alty contra,cto,,x,-,, tic), tl i,,e Depar-tme`nt, for c a C Cl 1. T -.17-N MID M01',"ION PIC'.., RI: OPERA OR M"GISTl TION r N' o p e s o,,,n Sec. 3 01 CERTIFICATION AND Al IMP 4, act n, t li e c, a o f s,i.,.Illlp e ec,t cJ, airi`3,luPl(-�,” VIS11,19, ,a c a el ri If I , Ir V , 1, � ll',, N ro, u r In (% 'Ie I e c t,r, I' * �j fIlWi c 1 a, 0,urne,w, Um "mm a i". 0'r u i"i fe s li e �c), :T.", r tif, 3�� o, n I., z., n t spe,ciII ll c t ur e o j:,l) C"I. xj: -cm tl�ie Adin tra-L-.-ive ALItho �Jilty e. r f i ,l'i a, rs, a, ,,r. '.r r t f c"t "'i te tli ec,,-r- Cc i�-n sucn�, c:fa,pacJ,,,, ::y an d, I, s 1� e gJi. �,,s t e d w."Lt �i, tl�ie a c t, No p e r s o n s h a. I. I n't, e r, a, p i::-, o J e c t a" n, b o o th o f a t "I i (,-�j,a t, er za, s t "t fa -.'L ni. n g a r i, a,p, ren", i�ce �t,o learin, ��Lli,e f ob ,P I slPt P,e Inoti-on, :L, ct,ur,(,:. o the D,,ax 1.7111- L P I", C, t (D, h, ; ve a ": rson,, desi ri,,r,,rq Se c 3 * O� APPLICAT." )II An" p(�: 'Y C e t if i,-, cza t e a s svipervi*s,,iT-,i,�. &,Iectric,ii.ax,��l,wulci.zax.lt, Y, e 1. e,clz, i, -,i c. -L". a n o n, e:, e,,I--,r cml, ry C rrl a," ',r"i, D iej "ta:i-i, c,,7Ji. t"Y u r i", e, fc, �t, n:i- c JL a n, o, r rn, t -i,,4. o n, p c,t r', e o, shaI. ll f le a, ,row ,w" wro„i,,"l t�, o n f o it -n s f ur n, sh e d, "b y ap L" I• r e fo,,I. il the D�,:lpz .1wl-brn -it f or zi,, s,,u,,',--)ervJ s ing e e c r i,c i., a,]�,71, r. Sec. 3. 0 3 1 1 S At',i,, app 1, c a-,ir' JL 3 e J e I c:�, ct r,' c a s (,,i,,,e r tJ' f sh a p a,, a,, o r TLi, pe r', tsrl SIA I I C e i. �'a, Ily fee of tnventy dollans (�20.00) to the, DiLrectlor of F.ina,nce., J. 41, n au-l�,�cr")r journeymait-i spec,,JLal,t, An appl. call`[.�, f or a 7 � i -En& i e 1, e c,��L, ,r i C I Z 'Y jou,i e 1, e c t:u 31. c "i" a n s, o 111,11C a, mot.'L.011 pl,ctiixe operator !7,er-tifiLca.-te sh,all I ,pay a fee of' Li-ve dollar's ($5j.00) to t'lle D:Lrect-ox ,SecuMYM 3MMI, 04 M.J.'N'IMLJM, A. JOU RN E'T 011 E LECT 1,Rtl C I Al Ev, e ry I imcant to b,e e r, 'n, i., sl-kall, ],,,,.-)e f o r ii,"'h. e rniax-i e 1 e,c i., ci a r',& (.,.,xai: iaat ioi 'Ll',, r I'll C"ll N, a,�t le,ast, twenty (2,Q) years of agir and liave had I E" t-, r a 01, 0 - 1� i.D, C x I Oz. 11"I C e 11' 1, Cl el, at 1 ea at f o, v- r (4) y, (,7,,,, arc-',, 141 1111�0' B Ild"ll P SPECIALTY I. I A Evertem,m11matrw f,c,,)r "t"Ive ri,,'i yu,,ia 1113� be, e 1- g Lb e '1�, pz"", C I a.. !'35 1 1. 1 'b (, -z% at, a , t, t,�,v,(�f,.wn:ty, ("20)ve , a, r s u. x ami n a t 011 i 1" k, �, a'.,g,e a,nx,� 1-i,,ad at lc,as,t fux (4) yc,,,,zrs ex p,ei,,,,- e n c rwl n, ttri ,e trade, A "41 SIL), PEISIN 1 1.13 "1 l' loir "Ir"' 17 -7�0; Evc,'.try -a -i jppl. i'cai� :t t o 1) e: el cj--il'b" e for rvuwyrm,11P forl�� e :,ry isi.ng elec-t�,ti - i c -.11liEm exz. i,ri. c, ti, sliall ha,,%,re bee'r��i of ag w'Ltli tlie Depax,,L,-,,�rcient as, a jour,i'ieyinam ::1]","or a:t .,]-e,ast a,, per,iod o�:E' -(Flo,70, (2') years "I'Ll,,ri tJ,-ie D. SU`P El Ry' -`V I S I N 1-1 J'�lli F I Crjlj�'j `lp % P C I A.1 'Ll"", I( I PN, Every applicaT',',,ict to b,e eli.gil le forl�� tlie p SPIC1,111,C]LIalty operato:r sh,all. electri"Lcian sev"ent--eem (l'-7) 1,011 L),," n regi.-ster i �,,,h c"�,:r: ed iev'"t"', ,D e p a I E�11""11E.-:"P ui,,,,ir�i iey,�nntam yr I °,, l ec t. r ),-, ci'l ", E31.1 1 11. foll"r least a of (2) ,I.. "I '. I I t o, b e el. q,ib 1 e 4J ",v p U "E. M 0 T "I C)1�. I I CT' IR,E OFIEFRATO'l.,, Every zi, pp C ""t zr. -i a 11 'b ie,7� for t,T)"ic. 110Lc),tJ,(.)Trl P-i-c-turc o ri�, s 1, '1 not ],.,,,e,s,s �tliari,, (183), yeaxs of age 1, 1"j, ave liia,d not 'l c-,,bss one (1) of expller,',ien�� e 'vmder of a, Lregis un;,otion opc-:,'%ra.talr,, in tli. e o for tl'ie L,:)�r t p e r a t i o �iri, of a c'h -,o,+'*,,,lec i,YN oirl of inot.iover pictu.res f(,,,")r pu-rpc-,)s-les. "Li-iL the trz,.-,,),ld.wk . F'. APPRENTICE Aj,:)pl,'e,^i '17110''tion p"ictut-ir -e operato:r sh,all. be., at least:, sev"ent--eem (l'-7) of ag 'a nd h a I I ,a pp 111 ,NY f c'),,t.- m,", app, r ( i i c exivi, .1. c) b e c�. p A "I"" t t, e d t c) e ir�i t e r t-li,le pro ec,.,--t]-o,:i.-i boolth, -L-c), j J.eizixn tl i,e tra.de. hii, app, emt,o r ::i- 0,;:"�! pi, e ,311"Icil.l.l. be 111"Ear", a pe.r,.iod of orie, (11 �) Y, e w.111 - a,nd, tt`!-i�e p e rnri 1 . ..... 1 t . .. ...... Lcz',%�,�,(,-�% mul�st,, i:,iipp,ly fo,r a, n ex ai:tv i �.ti� a o, n,, Upor,�i faiIca lur,e rtw I sl,-i,,,al,.! tiat ble el Lg'blcc�,! -L-11, c) ke ,u n t j.- a,, e a, s 1:-1. c) �rl (,,D, year, z,,). t er d, a f th.e prevjl,,,01 I S e x Z71.1,11 J. 11, cl. ON R- S 1 11$r c., e r i o,,i r n ai., N C, 1) 1% lec 4 0 1 'IRE QE:L d "i e le, c t, Y f ip 7`11 1 c i. a n ti j C), 1,,I� r'll E*,Ajj,,'aj,'j Sj,,,� e c i. a I ty e 1 e c t r, ;w'e c 3,.,, a n, s e r v,a,,,,, si, n,,g su pervit,:,dng sp c.,i,1111,alty.mm c ai,vtl, r ac�t,-., or c, 1, t: e,l,,ectr,,jj.ca,],,. spec"n y contrac..tor, or mot]"Lon cperatcr wi'tI), tlie at vA-,,iI*c.*'h "It"; -ill n1ri, cl,:1. h,,(,-rbe J t, ��j "J D t 11,11 C4 I clif ON E,v,e r y g t X., a I o n, c 4 2, 1 I'NID/i i(" I vih,,_enever initered, IS1,11a,11-1 cm 30, of ea,ch, y e ar.,,, n S ec 4. J111 ,0,3 ANJ,_, I Rlkll, I ON V, (21,7y re,g,3_,.c,--.,t1ered el,.ectriclz cm,1ectril"cal rwwr rmncontractor,, arid rc), ti o �n i, th, e ,,,n ,x ,w U picture for j,I,,:7e XZSi'strari °C, D e pa r trri, e n t d, u r, n, g ttlie- 1 of o f e a dii Ir a r Rc.�,, r,eg,,. a,t] iL 0 rl y s h a. 11, be g r zi, n, t. e,,� d b ��t,h, e A ri, J.", n 11 s, tra t " ve, t'I i o, r t f thca. app1,.',,LLc ant J. .,s ar. ical�de to the clasis,; ,Li I vi,,111[ ch,,' 'lie se," 'zi, meets thie reqt.,iireju a,, I e �o -reg striat to be,.., Z D Any I gra 11* c wit vib, i_s dem".. e d r e 3 L", g;; Irl may a,I,,,,)peal to, the Doard. S'ec 4,.0,4, FE E Every electraicipai-1, electrical speciii,il.ty, contract.:-Ior,, pay a, fee of f."LLfteeriwwr ($15.010) 'E"vex"'y c5 tr i o i'�'i for ea,cIi t1l"te Vn*t,*a1 reg,:L,. at" other ;tran��t , ay an 1". I'l al, t on fee of two dollairs ($2,010) zzulid a reg,,,.L,,4S tIr-tation fee of two do] ,I,.,a rs $ 2 0 0 for eacl,i r,eg,i_s-t,1ra,tI_ On t 1-,i e r c a, f tall T)e dvt,,t a,nd, rt.Da),,rable i,,.,ipo,n t1le Ina"tJ'al, rec"J'stration fees sl", is,suance o f th e I i"i 1" ti. a..],,. r e g st-, c) n c, zix d. r e g r i", o n rti n 3 0 o f (,l cl, 1, f e s 1-1al., 1 b by ye al, qf he Dilrec Pa. 'to t, L' tc�),r of Any, person Lo, bt ten -.,ed as ,a sx,:ipervis'l-nog, e1ectr.,,j,,.c-.i,`-an,, s',t,,i,,pe:r,v nlg a r,i, a s a, -,i ��e e c t r ji.- ct.,. a, 1, c on t, r a c lor- o r spec,lal,ty eIi.ej('-t-r' c, e1c,�-:ctri'ci:iI spc,,,,�,,,�,cial-ty coritract,m)- s',I-ii 1-1 secvtre sep, 'I .. . .... . . .... . re 9, s, r a,,t,,:i. lo n carcls, a,:rid pay separa-Le fees, for, eacli Sec IA . 4. 0 5 'E"Al"I llj�1311:1' TO I G I S T IM, P A An, y ti,,�-"In e1ecI.-.r,ILC.Ia,'.n, u D 10 U rl' I -I CIO, le,� , vz,,i. n s, e c 1, ty Y :SII le, c r, i cizim, supierwis.img (z ��Iec-tri-ci-an,, S c,3,,,,a or mc,")'t . . . ... .. . P,,ictur-e opurator, 1. t y el,( ic t r -L c ia r�i other thai,-i one reiceJ'M .jr a cert,JI'cate of C "I.A. 3 f ca. ti, to apply, for r .1 JIM tra,ti.."Or"i 3 2. 01"') la. fia c,I)i1l.- 1.5efore kr,"U'lIC! 30 of ealch YE.h-EE`X7 subrn"I'l-t-tio, a he, ex, inat, re-exumrcu be tol play, t 3 A. i,ty 2i a 1 w, Aic:lmt n �s t- r, t v e Alu tl Ir e,)ltP.,.,cePt- bas,e,d lon gr&Y-xts ai'i extension of i,e to, re--reg]"'S good cause. -a,c't,cir or Belectrilcal, specialty . Ai,",iy electrical contr'' con"Z-1-ractor ,who fialls to, applLy for on or befox*e J-uly 10 of eacli, year Te,,ru'lm`t axi a, I r.i. c a L, contractor .�olj,,,:)I"cz,vt.'on, fbIr a, cer t-10,1111 lf cate as an, el ,e c t, or e1,c,2�,c,tx-JLca-I., s, pe c ta-lty contractor to -LII�e Departuu,,nd be re red I o p ay a f le e lo f tliolld� EN011 t f I v le d ol 1, a r s $ 2 5 0''0 0,) "All at, i. N/,,, le At,,,ut Ii,o r,I t,y the'refor, exccc,,�;%P"t-. Adm. ("'N .. . . ..... . ..... I: las; d c�) n ra n a't:, tLz; ani enc t SIP J- 0 ri o, f i,,�n e to r, e; g', 1" 1, 01 ir:) o,d c, a t"111 se CA J All ceIrt,il uq c, t�esl, and unl,.(I,i( r, I'i)i, 'i lz� Co,c:le sllall < S,z c 6, A. PEALS Sec. 6.01 APPEALS Anyl perso:rn by an aict,"i.011"I'l of the Boa,-1111111�1'1-d ma.y to the Countly Councililr.")Yl, f a gra T 111I 71 ,v rty LO 0 ZI-111., ppeiciall Cou -y Cler']ilc wl"t'! (30) days la"Ifter noitice of ac -tion has, bee'Irl Sel it to the! a pplic J a togethc'.%x w!'' t1i uyl stater� i,-,vt oi:i fa,,c ts rel&�(:,ixig to tlae colntrlcr;.rer,,� arnid thile, r,-ealsons for e app, el a I or witll-1 dc-,xyls after Apr av �the ond f' t'Iri,,,e 'i.-k.,ot,J-1-ce of capp(:,�,al,,, the Exarru--z,,i,Jt,.,n,g ",Board, sl�,,all. s''uLII:)m,,3'.t lc"'i' llt&terc tai -it of the facizis an,d re,asoli,"Is on, w'h,,i,ch til"ie acwt,:-J'Lon lciamow edr, . 4 s -c-, c11l 6 2 HE,AFZ I N G The C'mm,ty, Cuumc .. ... 1 sliala.1-1 hold a,, .,0 . hwu e ar i xag oxi la 11 ap alpc S, Si,e,c,, 6.0 3, DE CI "fie I ON TI-ii,,le lCoun-t;'y' C,61it.'in.cill slli,,all reverse tl-iie acn„antior"i frunai, vili,,11chl, tlli,�e appi: I "U'i'as if it f."''lls, tha t th,e for the act.ion of' tlae B,o,a:t,,,-,d m: -el no��t supl',)1orited by the evidence S ec,61 P7. R -i Nl",� dii 11"11119 W1 1.1 c', I a�n,y Axi-iy pers,on,, fi"..rm orl corporation or b c�,% to cor J,y w,"I'l-th, z-a-in.y, of the c�) 'E' t1i 's Code,, s"I'ilaI.I., uf pon con"victim-,i. t1r:-iereto ble, 1punioshed, "ILy a riot exce led lw,f,,,-Idred, dol] ars ($500.00). Eacli separate day or any, por-it.i-on tluir,—f -i Nl",� dii 11"11119 W1 1.1 c', I a�n,y vil."'olat'.ii-on *D of t-''h.*,s Code occurs oir, s"I'iall. b c�,% -L'o a s,c,�-plarate of DII 'lli ari w+aA1p o n c o i:i, v ., c t, i J 3-C)II - I slia . .... 'L.I., - 01 01 '1-- "be pti lz,,�is here -,*-n vi”, *,ded. .3. , , PT'' 0 1 CHAPTER 12 1FR, J,2 1,iO'LJS1 C(),l XE Arti. is 1, 1, 12 IL 1. 2 IL 13 E? C le. In a 2 Sc If Pux, c,)s em a a a Is q a p q 0 0 0 0 0 0 0 0 0 0 p 0 0 a hw W W 0, (j C c a i SIC c c) :I. 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L �1, z",I) oil Ol 0, Ou 0 0,11 0, 0 0, 0 10, w 0, 0 bi 1"') J� a C, 1"11"I 12 18 . -j, r:� "), 12-18 IS C 0 I e c 0 2 he 1 03 S v, e I ilii �, c) 1" Ol Ito All Obi All, 0 0 Mill 0 0, be 0, N* 0 Ol 40 MI, oil P o h, o, lie lo, ho lo, mi # 0, 10 0 & 10 0, ut 0, 0, # 6 be all ho 0 "I Ou 12, 18 bell ho 12-18 e c 1- 4 N o10, bQ (I o' 4, ob '*I 'o, 0, 0 0 101, 40, oil oil oil Oh 111 0 1 c, n c,j �0 0 @Ib 0 oil is (2 C 4 % H 1 thall w I s, 6, ME oil ho 0 4, up # IN (0 mi # 'oil 41, Ou mu (61, 'oil 0, 121 1'9I IS o, 0 1 �,,a,c 1-i lat,-i c a 1, V bt-1 "t j III ( "I) r -i, Im he w III W OP ou *I *I lo wh himb 6 Ail job 12-19 IS e ic. 54, ,e] 'Jr il'.11 1- S' Ali ,a d, s Duvi J. rf� g 0, '110 be All, 0, 12- 20 Sl,P.,''C �`]lj 1. 01 Dlvv 11 J., r -ii t', zr,3�� oll lo, v, al Al Mu im, I* a a 0 im, 0 #1 * 10 be he 12 - 20 IS , (jr, C 5o 02 1-1 o It, e ..1 s. 0, A, 0, hill A *I im, 01, Ob 10 W All, milb *I ho mi A, 0, 0 4, im, 01 be, up (1 4 0 1-21,- 2 0 S, e, C 5 3 1 "t I erlo, w Ou 0, ol *I Aw Ou ho ho, 16, 0 0, Ai, im, 6 Mb, 0 he 0 12, 201 04 F 0, 0 of 4A ml 4b, All, * ol him, 01 *1 be bill -0 pV All 60, 0 bob M, he 0 0 12,-201 IS e c 1. 51.1, 0 1 Wa t e T,'-, C I Oset C o i, j/,,:.�)c(u , r,tt:- t)"."n" E" 1-1, �,w ZY Ob 4W 16, * Ob * 10 Ol 6, Rol 0, WWI 0 12 21 S, c!, C 0 'E" P a a 1,C I'l, is mu im, ou Ou 4w # * mill ", hrm, mu 6, m, 0, * obb him '2-21 *I m Sec. 1'1'1'y"'11) 0 I'rI �s ta 1, la t. 0 1 1-1 nl,:., (:,-,,b, r i, c e 12 2 ,1 IS e C e, 8 A(,-? (; c:N s s t o B a h i", Its, do 0 up 0 Ou 4, * Al, Ou 6. 1., 2 21 Sec. 5 Ch 4 C I Il'o ,a r -ii J., "r-1 C S, so 10 ph 0 10 Oil 10 *1 40 he 0 6 0 im, 0 * he * 6,12-22 IS �W, C (0) C tiss im *1 0 * M, 1* 6, ble o"[11ll S,� --."I n 6.: 11 e( II L Ocu',�l �n, ob, A, 1* 12 -22 Jt�, r IL c Mulik Mile *16 *16 0,00 IN** 12 4 t: so 4 0 up 0, ob # ow 0. #6 0, up 0, 0, Op Ob e, be 1. 2, 24 U C u -]r I l3ece, I . S c ^I� S �c, c am ri .1, p 1 D io 112- 24 112- 2 4 13 31 C) t c c; t 3. 0 fl Of' I` r I w„ne 12 -,2 511 Ar-t;i. c 1 (v e c h,r-j, r�i ","Lc a e,,cjri,-i,, r n"i e ri I.; S Ele c 112 2 5, ,Sec r r'l 6 9 9 0 All 0 0 -L -,"j- 12- 25 1. 2 -2 5 s lc-,� c 02. E 3., e c; r c 1, EE 0,1, 121 0 0 6 0 9 0 A 0 0 1'"I., L ("; in e ri, )� 12-25 13 El C Jw V e i"t" :,J ]lm it qi,,i 7 ei n a a a a 0 g, 9 0 A 0 40 z o ,Ar t i C, 1 6 E Yc i , L, !i EV Cl j E x i C 17�0 '12 7 A.'r, t kar sooeq# &*eggs m **** **g*mm* so** *p p **so** 000*6*12-28 El 3. :1 --- 2 8 ***Wawa* Irr e P o e ksc, L 0 "'ll , 12, 28 S :I. F j. 37 El P , ,w,c,,) t, 1c,", c; t i c, ri,, 1', ri r d s 6 0 * INS 0 6 0 I u 4� wig " u I�u I X A. -r- - L., I`- c -l.. (w, �E,3, SIIdo 0 # * * * * * # * M; * * * # # do # # * * a * * ,,* r" a * SAM * a a * r, # # * # 1, 2,-, 2 9, S u, b s a n cl, a, r 1,2-29 1. 09 F,), , e , c,, 10 15 Ele c 2 ., S c,�,,, rc 2 Ol S e c 2 0,2, S e c tl Sec IR9 2 IIIA Ox,� c T? 0 a ti ri 1, 2- 29, e :r.,, CG (c- r, -A a, 3. :2 --- :2,19 1, 2-2 9, :!I e E a I at i. cxri. m m do v * m m g ,,,,I ES c 1, u r,a, 1 H,a z ax d s tl I S Z., 1`1 (71, IF 4 12-30 lii3 2l., a -r, cli ICE; 17 1 r-1 g# A a 12-31 z o u -c a ri c a #1 1 4,, LA, 1. IM E; r 12- 31 a 1.1, It y, e,(n 1-:', (0,0�� c�) t e t, a 0 "I'l, 12 3 1 IFi a, z, cl f 0 0 6 a 0, 0 0 0 0 0 a a 0 m a auAWu ItlWu 0 6WIM 0 At .1, 2 - 3 L"l I HOTJS ING CC) D E' (3Vow ,,i,,er"per l, Priovill. ."Lo,rils Seic 1 T It"' E T."ll"'I"'[S r I coccle sl-ial 1, `1,-, - Yt I S, li,.g ma y 1) e kz-io%-,m a,. t-.lae "llir u, I Co d, e c 1 -L:,, d a s s 'L, -,L clr-i, ai,,,-j d 1 1) le..., re f e rx:,� e d 't o, h e re i i a,�,:: th. I. Is Sec 01 2. PLJR E de 1"I'd Tl�-iie pii�,,,irplose of tl,,�,-is Code "i's to p r c.),v L j-nvi'nrlvTn rc,.,,.q,uJ.x,e,,,r, nts for Ur-j,,el pro,Lec"(,-.,J,,c)n, of t".1,"'le T.�iea,],J--1i a. f e t, �v rll(Dr a] s, and we. l., f at r e i it.1-11le gel"i,,erizal, p,ub'l--Ji.,-c and 't -he c,.:�iw),:),,,c rs c)f I, ii. �v,,r a, j.,.,l ""`a" n, d o, t"t', c n o f e 1�,;) t J r op le y I I T, T, 17 ln it 1j. e C ou n I off or. t! 'A' C, y",s Iv dadM i�if] i i -i c e s 0 C o t, r -o"[" L, a-1 f It 1111.1 J.. )", I j 11 M Sec, A P P Lp 1. JL` 10 D141, JC DT(Ilb i'' a. 11 apply t -o all or p or "t --i 011 Shex:eof usied, or, deiigxiied or, a.interided to be us,,ed, lll�� I lluun a ri- fior� hivaritai,'i c f I J,`a,wa,J,% I �j ic- t -a n da x1- 'h a b it a -L 3"'. Ol 1� c) f e XJIIIZI� il,71 c ;„"gym 111 d,l, S 11711ilicla axe i-,ct Scvill 11 imay be ry ticc�� e used, zs a Wliere anv build-id S c ry l,,D, 3"'.. n a, t ci e CY i cxr-i., aloza ��,c It, iii. e n -t "h o uS, pi,'.� vi si. on s, of tih J -s Code a,,,,,) .1y, tx 6,1, 1,1 1�'l LJ s,� rela't:,.,ive to eact,"i pa ., -11--t of col''ll-I.---a -orl jcp Dl S, L, c 11 1- g, part, as Jf L't a sepzarate b - u." idj'' on",qp 1�lr W" Every ,r- c'.), 0,11,1J. 1,")� g S e �:'j cj 1-1i"i u S S Y1, a I. �l c C) w,wuu-)r lic. J g's all. y wJMCx3l"cl for dwievery l.ji-11 unn I'a e n a t r a Www "LL 0 a d, d ji. -t.,L,. o n, s J . . , 11 S ec 3 fit, 0,1�, A, 'j, I 1"".1-I& IL 4 1 -ii, al.t er a' im,,,. S, 11 "1 C14, o, r re pa 3- r s a r ir m a d e 't o a n e i -t, ng bu d adda,tW im�,i,s (-.),)r rep,aa.,li--,s, s,l'ia'.lJL tIC") 1:1.1,e provi.i, ions (c) -f thIeyiis C G (2! T T' I E) 4IG is El, j 3, ng S ec W 3 ) 2 RELOCA, 4 1 1 11- J, ,j h "i OUAL", �-vte d sh ax, 'It. b e c o i d e r �e� d, d,J'LA--,lgS are r�.aoved or r e,",11". new ✓cc)MPly thile r e qtxi it:,", t is it f "ll, 3'. S Cc�dc S ec. 3 .03 RELOCATION F PER,1-1l�i(.)NS-) VM h,e i"i ev e r f a es are req'i-a-Ired 'to as a res,"i.:rIlt ic,,��f icodic- ienforce,,rriei! I'l # re "I' i-1 e s a f f c "it ed r,l the, Building z,,:)Tl,,ZlA,-1 assi'LlEE-A J,. s th ia,t,:�, e t e ` I'SE." is ir iii le,IIS >t S e c. 40, D EF IN I T 10 l':4TS I ,,FU"ls d 7 c ii, th e f oll i I'lg Wc) rclS a nd ,pi'Ll-rpos,es o,-' '""l �ryp�h-rases Lr.3,hall hiave� tl,.,-.i,,e d.cz"Ifi-n-iti ox is priescrli-bed lhri t1rili"S.11' SiC'llctiGn,,,, u n I. e ss, i t ii. s Fa, pp ar e n it f r c) "ll,"ri, Ur",,t e c o ri E-,! t till-ita, t a id, 41, f f e r e n t nmiean.J.,ng i ry s 11-,ik 1 t ex i,, d cn,�i d Worc,"Is aml phrases ii�m��t def.11,,'ied in t'l-iJ is ec t i o n sh zal 1 1-1- a, v, e th,, e d e f cc, r "b ed 1' n th e b ui . 11,, c' ll`n,� i. -J- J.- o n is, pr e s a,. code, 'uriless it is appiai:-erit fromi cllo..nte:,�c-t tl i. a t. a d I f f e r r1l I.-, Mileammig, is, S e c 4. Ol A PAT-Zl, lTPN0`,,N Tl A 11 !4 a dwelLi.nig, un,lt as, id,efi"r,"ied in t Cod el., ANN E, J, If: .11"Aii,ig or a p( JAi. C"Igl % ec 4 02 'Mph, 'NNV r c,), c cu e d it.bereof id, lie s, g'171 'M// C'l i deiiii.i s i(,, d 1-:: o, be occ 1,.,p ",11 (,.) P 11 re le o r i,,aore f!a,i, ry n dw le I I JL n S,wry c BA S, Ellivi B a IIs ,,eymte n it s tlia L: -i.c) n o f a • por -. t "b u J.". 1 lr�J-i x -i,, g be-t�,-,aeen, f]'.,,olor and c,e,.i,,1.J'-ng,,, �,,Jlii*.,ch J.s .1partly bcm.low ai,�)i;,d p a. r -L'. I., y, a b a v e gr, a dt, (a is d le f , i n, e d in, 11" 1.. is Ar t a" - &I le iu t so 1, d froxi-i� grade to the floor 1-oca,�'tled tliiat 'b e 1 ciw 3 is ].-es,s thiz,n lt:-'hie ldistaiic."-e f,rom grade 11"t",c) '10 1,11, 01 ce 1,11,9. (S cc ef t'', 'n S 4. 11 BOARD ING 1-1 (C) TJS IE rr 1iouse J.,,z), a [IJ S116 I hloo,-,,)y d,ec.1, T, I, 1 (11 , dgimig, 'h o n, Y, 7"1", � I P r , " Sec 4 1-2 B U I L D I D',1G, B- ti 1 '1, d i . g shzn, I L rr�e an, an, 1. �y ib -La, k' ld,,,"Lng 'I's us� or st'17-i,-i,ctu,re, or port-i".lola, t'1A1ereol:,,1,] (d,, or des.'i'Lignirlir-1 1'��'ial" Ltat.-J-oirifor idecl, 'to, be "LlSed for or .1. 1`1 `t`,' EE!"17 is lec-,N, co,ok,,J,.ng,,,, or eat.,lixv pj,.i,_r,P,O,ses or iy, con.iLi 1-i, t, I - Z , 1 10,11 ther le o f It, dc),e,,.:,s not hi,.,de is, a, n. t ✓ar,J-M, o r n a g le pr ision., det,entio, Tiovi o:t." oter A.. i. i n -1 �11, S t -j- tu t li. o n I'M wvh, 3-cli. hui-riian are li,,oullseid anid de,ta:*Lned Se C 4"1"13 BUILDING, EXISTING 1)JJd, ing 'is, a bu:ildiing, erect,eid pr,iox -t,,.(j �the ado pt -Lon of th.] Coicle, c)r, one rmrd folr a -1egal, has, beey,-i llszu'[e, i I d i n 1 0' 3. 1 17 1 C 'J" S e, c. 4.1-4 ff 'i'al., IS t1l''ie Off.J.,cer char(�,--tid ivit'h t1i, a drzl, I", �1,,l is t- rat j,.,,,c) n an, de n f or c e im le:i,-vt A i is r egt:i .1 - a r�, .1 of tha'."S C"i(,die, or li,-i ly . . .... 'i.:t1i,,ox, 'zed d,,epu-(,-y'.i "M ha, 1, -)e L 4,.20 CEILING 111IG IT CeJill- J. -J. ,Ila ],'-ieJ'.q ht I 0-:te c:�.wlear vc,��.!n,,L,ical- fron,"i f het,11', �f loor to, thl,te ,f "J"., nIrr, s h, e,d c 13". 1'�), (i Sec 4.2-1 CE" "L 'p AtliC,(,-,.:! 11 a r J.,,;c:"; tl�li, . I . ..... a, t: Of a bti.'Lld,lng S C r b,etwee'..n f az�i,d c e,J. 1. "L 1`1 Z' II -IIA cl-1 "Ji'', 1, "I0,,�l L�, bee-luw, 3, -t th le g ra d le (a s, id, e f .1, n le d, in t1111611 -1111s, and so Ic 4a,t:-ed, tha u M, A t, r 1 le -�It o t')�.a lc:); f 1 or, b; s I olivi .1- S C al, to vert.l*.,cal ".I'. " 0 M,, g rz7,i,(,,. or greater tomai,wIi- vert.)Lcaj. d,.J,.,,st,a'r,,ice from, to Ic ng f V 1 0, (See de -i n.' ,Sec 4.2 2 CORNER 140"1" A lot s-'1'1Lt.,,-tled, at the, jul-i. c, cgs n, I i a. ,e not, erntwo or p1,,,iib1J`,C-: (.'r allajv's wat".1""I a, boundary la.,Ile than twenit:y f le� (20 i"n \d3l"., I 6-n, If ID-ord,er-i-g each, of" thez,,:.% st-reets a,"I.-Ileys Sec. 4 * 23, IC OT 'm?�,� ':r, C o Tut r t "is air'i open, unoccup,� Iv lie s, p a c le 1, , I -LyJ ,"iche,,,1I elo%iv ",)I" i-rto,�k.:�e ten -fot,"ix '.1 2 4 eax tel,,n Id :,ii.. n g, r1,1 C,,, i-"J',Ln.is'1,,i g-rade a.r',.,iI,d W'd lo,ri� or it 1, s-O"i des, )")y tlie wa-'],Js of 4 ,g,* , , lx" ly W,1'1:1,� Llrl, tl-g An :inn.&r cou is, a coiu,-rt ill �n,, t �Ie I wic',ill-Is Of a bul".1d..inig. ot-`I-i, e r coiuxtls, ae ot:vter co ur t Is IN It s a r o loi",Iri, o I u pied Sec 4. 3 , o DO R M 1 10 11Z Y 1err ) or 9 1 - CIA, VIC,) by mo rle t llua ri t N 111 Sec 4.31 1"1 1.4 " -T Dwe] I S "Lan b u, 1 d, g, o r iw"iv j H o u gni e, pyam or,ti,lori t"Ir",ierleof, lj-s, n,O Ila I I A. pa r It in, leLlodg A I, 3 71 I.S vi C 0 Id E, W'1 -I, -i, coxi'ta,J)" 11 aa Ic,)Ir a Hotel", as def Lned 1, n t" oi,"lle ai: two '111"''Dwell-ing ,or "Guest, R,00',',rns,,, ti.E-;�,ed, 1', n t., le, n lid le d,, upwl� or des d. 11.�,.(:-.) t,,,itsed, or hirc,,Nd, I'V1,T1191 t to be ocm or arcz!, o(,.',','!c,,i.p:,Le1d for 1" '1 A " E L L, 11 -TG U Ir.11, e 1 1 n, g u -I :'i,r t i s a s 't. t e o f Sec w 4,o32 1'�,M Da ore "I'a -'a r, e '11, le 'wh ch axe ocl(..-u,p- ed or �ic two or mha,b]-L�I.--i.;" li,atendc,.-,��c"I o'"."Llo" des,J`,,,gned to be occi.,a,p-iIL( �d byr one wiLli,, L s I e e ::iLng an�,d, d-L:i1,,nJ,.,ng. I acil`t-i.,es f"or 1� * I i, 1-�ig P-1-1`119, S, e c. 4 4. 0 E FPIC,11' E CY 'Er IIJ Ip"T'C" N! I ",r E f f jxi., e, no � I I rj '0-1 1 N;I 3.'Wr IAli ;Mum t�11.11 I"r� om h av 1Wl VN h,,,a g" c oo I,,.. ng f a v' 1,1'- 1, 't.l. e S u s f ur,k, It Lcl 3. 1 -t e e L, I I -i, g th e 1-1 S17 -i, ng, d :L11, I n, g e p 1 n p u r, p o s e s w7 k. 11- requ*,.",°It S, '0 f S e c 0 2 E x cv,c,'n: "I 01"I r J r r'n, rz, r 63 t 3 hereaf'., S e c 4. 4 1 �11;];X IT EX.IL I"-. S, at an,d 110%, (1 i-ric1uCle a -i ni"i,ea-ns of e1(,, -.-"re. a" A sz s to a pub li- c vvc-'a� (DY e 0 i, do -r, ClIk ON , "I".1 S S-1111 V., ,r f enclosu es, al, 47 d, o r wat y, s 0 rT p 1 213, ool r 'dY 0� hexiLt cuuxts, a:ti, d,, a r, ed s 11 i d ti, i,, J. or two 3- Se c., 4 5 F a, m i ly is a 2,,,., incar. e pc.,.,,, r sax.), s, r e lzat ed %,,r I I o c) (I. ()r imarr-Ji.aget or,� a graup of n:ot 'j,Tj re thairl f-i-ve 1,,:,.�ers,ons servaia,-ts), iv%TvT,,Io iaeed nol- rel, ted, by 1,Iood w,:- togetlhier in, ,a dwell -l -,11,111C, un 3LWaw 111EI C rade (C"Tround Ijevel) Jr, 1�01 (GROU114,11"'I'O'' Sec 4., 60 GRAIDE, 'I'i,ed ground, 2.evel al- U.,#ie cer,iter of all - the. average (:),f tlrite wa.11s, of a ca wall.s are-; pa,„gym aI..1e,'I -Lo &,z-icl. w t'h i JLn f."Lve fc,;%iet (E3 of a si,de�,;sralk, tl-i�,e above groi,.ind U; A a sl,iall, be, m,east,,:i,,rc,,,,(d C, -It he s,i d cz,�,rw- I Mg S ec 4, m, 6.1,, C34, T. I` E S 9. G u ca S J.,, s a n p e r s o x -i, :i r�,j- x i,g o r o, aro c vlq, MW Sec 4 .62 (Y'11'�`]"OIST 1R.01(`)1A4j, room 'l any 0,0 M or vn roopcits "Ll"Ised, or J,,,nte�,i,,,ido c 't.ised, IL)y zt, for s.1t:ep"I purposes. Sec,, 4. .11"TABLI RC'014, le -ocirt-i slri�,al-.J, 1,.;,C.0 da ww 1 All J TE any rooiTlt of tydll ], Cod,e foir ii:v..i.ng coo c) r, �n. i,'11 r-i, g p r p o s, e is, exr, 11 i,d,.,:i1 ng tach en,cl,os,(,,-�n,�,d ,P,],.,al(.,!e,is as, pan tr J--15',".!S b,ath (.),r to'.:,"i"Llet. rooms,, serv.i.,Clie Wors, t,,':i,,nf at1t,.L",CS,,, r ol o is, connec-L c-" r7 V f oyl e, r s is, t o r a g e p a c e s c e Eal rooms 'a,:1,,id, s-i.irn-11ar s p a, c,%. e is, ,, r o f ea 1 t'l,'i o f Slec. 4. 71 I`IMA L, IT 13 F F "I e Dr le f 3L I a r t tililex- -1:-. P", 1-1 le a S t a t, e 0 f aJ Se c:,,,l 172 1:10T W`,ATER, 111,11, s"I'),,all I)e wa"t."er at.-Ill a 0 Iro of not l,ess tlial-'l 1.20 11,1101 g 3 H T'll LIM C"! �ti�s L rl it c n de ('31, ior desi,gned t.ir,,.,) be used, or six or 'Yiniorie t ro o i j! up le 'ch are 'used re n -t e ird, o, r li, r- le d ioii,,t t-,o 'bl Ie 'm,: c c d, ior wl c"li., are ocicupied forsli.eepl,,,inw,j, p"urposes guestl.,,, vflrietli,er rent, i Pilaid, J'-ti, goorasf .1 . ... abOr, Or othtn,,.rw,.:LLse. e le.ntn 0 l 't , d to u is,t" r S I t d. oe is liotel" sli.all motels, an n 1-iopita-L, ,ot include, ariy 3. 1 sws lo, n i n. eww+^ "� s oin TM e t le nt io n tai)l�ll-ie I othca.,:i�::11- nn�ru.., �� a ��, r w� w � w�� v ' rud � rl,r, 'iat, n a ge P t W1,111.1"C'11 11''Llman b1c, zi-xie I i. oil u se a .3 1, d d, e t ,a fir,,Yrli, e d lux"ider legal, restraJJI J-S a. 10-t ot"I"'I'ler T lor lot J' Sec IN'FERIOR I JI I t1-:t.a n, a c or n le r ot":-, IL - cl xiew.,i, lzii, ro,c1,,i,,,n 'tisec,1,, 13 or des,1'1'.gried,1 tlo be tiscd, ,�f"o'r the preplalral_:iorl, Of f 001c]"'O, LODG ING, 110't,"JiSE y 'b il,, I I d Sec. 4'.1 '10 An xl: ing or poir a, e, e r eo, f clo i,"i t a, i n,"i. n cj, o/,�t mo r e f1i 've I-- rooi,,,rits �roih cl� .1-1, ar use,d "biac,)-t more '1'. -,h -an. f.Ji-ve, au I id y j e s, i:, is vwh ere renl .L,s pa .1 In iririo i,,ie y', g oo,d s I ab o r or o e r vi s, e S, lial e c. 4. J., 3, 01 NLF I SANCE f'oll.(,.) ing e I le f iL� Ied a s, riu, i is an. c e is A. Any nuiur s,ancel Jcrio'sar,i,col.rurnox'i 1a w ox, n zittralcotifw ve prove detrl.�xiiventz]_ to ch,101drie'll a 1'61lky,l-'ig,, cm, the prieimmi",.zes of a lbutild,J-nglf or upon an, unc)ccl d lot, T17j.1"'. S, e & rleritts :,Lmclulcies exicava�'Lgymor'i,s or unfe:,rliced "1". 2,119 p aband,driee., r e f ill,. 1igeir,"" la,[:-cr s and iriotor ve I ir 11". c 1 e s # or fax-ly via -L:urallyl w-isoui,nd feiri,c,'lles o1r struc'-Lures- or aT,,,1,,,y strlifa,cl u riilc�le r wh cl 0, lti�ay plriove�.l a 1iaa1z,-"i d fo., WIllial-ever J.'S darigerouis, to, humaxi 1 f or 1' s tl" r 3 c Men t a, 1. t o h e alt: '11, -a leteie,d b�,v t.'1j,,e lleaal:t,11', Off ilcer D a roarri w ith occul.'.),ant.-Is ion lor tJ E n,sti ff c! 1 e n t v e n t at.'Mi. I oil F,v, T n &I. le q a "t e o r�, s ax -)f il::,, a, I - e-, seweragc,� or luxtib Y p 1_ng fa iivi,, 1, 1. 1 le is I s s ir -LT'i "',...II . LI,", 17 f 1,"',fh c I e i n r�i J. ,,, a s t r d, e LiI I If, c,e,,,r 1 O=4 v, r r e "r,k d r s a ir foad o r d r r -j, �Iz- i ''n wh o 1 e s o me o �Yr- :1i W hill d, t: r .1' . .... . nienta,']. toe heal'th of' beirj,,cTs,,, as t'hte Of,fii.cer,, r"9 -ie arc.,,-�a o- a,"),I. 4. o GC GLIPI E D S J` 's e C,4, 4 .,1 b�tl-,)A' .0-J. i-�,i g s r s,t,r (,,.ic7t1,u-res, on "C'n 'I'd lot or parcel. of, gro,ux-id pro" ected, 3 ho ri, z o,r,i,, ix'),,,, g p e r irin, J,,-, t tt d p nc,) e at - 0 1), a, t al p 1 ai,,,�i, e e -,x c Iiidi io n. s a s allowed, by t`h,-,,,s Code Sec 4 17 0 ROO T4I N(,,3' 1101,TSIE], A .-Iodging house. C` E Service ro(am 'tineal,",li, IS ec 4 1,80 S El''11"N"INV7.31-, ,r ortr i'n vl s ed f o r, s t, orza,,, g e b II raw o r ujt::, i. I tl�,�7 p o s e5, ari,d, not, .CAJ de��E. ni t- o f 1,i a hili it- i -i e r c) o irini ncluded, Seic 4 1, S T, () 111 "Y", S t 0, r y„ J., s th a tz,, p o rtil, 0 71 0 f a 'b �w ai- n cl, ii, d, czn; d te t,ippari, of floor axid the ab ov e Z7 PP,er stxf ace of tlie f lc:,,�or ex,cept L:']-ia�t t"he top -1,1.,),o Or 'Story sI.�ia,]--]-, be that" ponti'lorl of a the upper siix,,Iace of topn-tost-- floor a"r-i,d Ule or roof abo,ve. If tiiAli f i n level d iresctly above a lr.),caseme,nt or ce].Jar i -s ,iTio.rk,e tl-iaxi, s,311.x feet (6 ah.),ove, g,ra,de, -ial].. coor sA,,(,--3,,ered a story cell -ax s]", n :i SAI')'C,11a ,S e, c,, 4.182 BUILDJN)C�, A st,�t"-'anclard n l B, f s C o d bui1dii,'-ig as de�f.111"I""'ned Ic I,. e Sec. 4- . 1. 8 �3 SUPT RF`1(.1--AI 1 1, 0 0 R X E A S ia c'al floor er f 1 1 arc,-,,.�-a s1iall rn,,"iean the iri,et fl,,,,00r area, Wit,111"I""i 1L e n c 1. o n, g "walls of tI-ie mm, tb, a r-,t, f "i'v et e, x c 1 u d s b i,a i,.MIqu ipii,,ie !LICI'I�, - a- S: I., s c wardrol:,,�es, cab. ne� Is, i -t. 7"he n t-:1 I'li, t,,-, 10 X, . . ..... . I-i,,i r e s ,-,,,,AN AR I e C 46 .2 0 URI P IJrban silliall., lariy c.l. o s e 'S ED-! 1 t t, 1 e d c n y in S C 4, 201 u, S D' T.Jsled sl'iall mean i,,,tsed. or de.c;,,,igi-iled or :Lntended Mi w- 'be uscz!dwas Sec �4 2 10 VENr,(1'A 011111 4, F T `Ven,t shaft, is a cmart. tised ,J.y to or lig'I"i,,L a, -�,,Amter cl.,joset, w. sej-v.i.,ce r S e ici, 4.220 W 3- d' 10 111111117 s 1"i, a 11 ,;ri'i e a ! "i Nuri, g,lazed. I P, n,l" I'll" (1", 1, nal, 'iad I.rlli, (I 1 1 a z e d d oo ir- llo��Ir- L C11, 0, P C'yj, t'j" ""a yaird cc,�,ut."t,, or n, icess, froi-rt a cut.,ixt-,, ll(.:�xrr a vlex-it:l !Dll,�i)aft open arlid unobstructed w) f,,,, sk"Y'. Sec. 4.240 )-,,"7A,RE) "Y',"ard �,Ii-s 'ail""I Opel-,Ij ul"loc-I space,,, 0 111, 3117. a, coTar-L'.. fn(::)m g]'"OUnd to "� ]-),e, slc,," r t lexr,ce L',,,, vo, "ic: e sF,,�i, e c" f C IE r Y" P, OV �L �auecfl y tl 3 s Code, w,,--,i, -IL-Ile lot, on v4--iJimch. a L u -,i t e ,I S a - d "m Al_,0 E Siec r r z e d m, -ii, el. dkn,ct, e id, The Bul"Iding' is a util, I I t,o aT,-i,,,d e:i,,ifa,,rce all.,.., of" t e . p r o ,,,111. S."If 0 1 of Code., i IN Ir, I S ec RIGHIT 0F EN"I P E"," 'Y B "U ILD 11 ,,T( 01""I IAL -ita�LIOTI 0 nt s. lldinig Upic),n pr, e, s ei, f pr,c)pe,r c,,rede, al the . . ..... 0 :1, 1 -1 L o r eIdd r epr e s ar,,�i I 3,L- rt le t, ff ci.'Ac,",�.I or h.."is c J..,y, ai.,,i,th I � "": " , '' I Lirl", ��v e ,i ay t reasicmabi,le tALIT'lies amy : * irig, or ir a b ui_."i. 1 d pijemI,,,-,;,es in t1fie Ccountjr ,c) I Li 3, Tj.jP 0, se d u n h n, t 111,D-1 y t1i,, a', s C o d f I 't o e,.x-, f o r im a n y Y H aw a,',",L P ),r1c.,),v,."i1ded tha,t, Eii,,,uch slial.l be rnz--i,de 1`111. mannetc as to cause t1ie. lea,�,,t iriconvenl.ence io s is I D to, th'.,e Personas 'I""'If"All p or s s, e is s 1, 1"1 proN,,.,r Ldec."I, f 1"Ir i_ T,, r of a c',co.,u: it ai I t 1, au cn:- i* Z,:',L',, .,.7.;u,cT1 en'try shal.1 oI:)t,:IaIn1eic*.I th,(,a even�t st"Ich, en'try :i.s denJI'Led" or res,isted, ti,13''LE, IPPI"".11 v Sec. 3 II ,gym R, S It 11 ("Y'I'liA T I ( Z, 111,�` S i s The, iowneri of a bij.,u"IdI1,19 s "ha,," be �Ecx v"01,at' ,of thie requireyrten.-Ls of' th-l"As? Code even t1ti,oug"10i, t.h)).')'�, dul:y, -to v,�� wv�. ,�� V p � ,�� hill :11, -i -Ls i",rtay al,s,o 'be in"'v0sed, on, th,e coirn I.y -,., h s,tc'h lie 0""r" occuparits of 1,111's bly tl'i'is Cod t a( i�v" e e r I 11131"'I'll"'',r-4 NCE S, cz,)i c. 4,. S,1,313 S, TA N D; R ,i, D D,EE,IvI`IF`,]D A P UB, IIIJ I IC L N, S,;A Bi.,i,ILId.),Lngy ia hereby dczlclaxec. t.,(,.) "be pttbli'C s1',iz.I.A. be im:,awfu,l, for any person, to a p "bi 1 j Lc i,u,.Isai.,'ic,e as declared or df�,.�f,i_neid :i.n Code ox to zx, f s, or elo kr', f C�,l I C.1 t be d o "11,. -0 '01 0 -r 't 0 �# w ;^w. », "to 'A �. , A 14 --Lawa g n. e ("t "�L o, f ",[ I ,C)C"CL.1py", an," coir�i-t Y . .... . 1Or C� e p r o v:i, s,io s o f th-l"'. s C o d. e I t o r', L n v .11, o La t,li. O'n �O f a, Ill I'Y -0 ,f �0 s I 1 f ur thr iw:- h be ux,,-ilaw,f ul I :L n, a n,, (:11, to rtta * ritaJ 'k:e 10"MI ru g I'n, 'L l -ii e C ot�t ri, ty of j... 3. Hwoira' �t U-111 I'Y 1 -1-lo wl-ilch �'11#1 l.-Ti-i,,,,n(j lias 1,I)een C,O �1:-vt: r-%( .41, to or of an -%,r .s,ii,,,c'h provis."i"LOT is A. Any person vi-.0lat-i,,-ng any of the of thll.s, Code sh,a-ll. be gui]Y ol-F a, separate c.,)ffemse for E�Z-C`171 zi�n d e ve v :r A" ji day, or thereof Exriy N;r.li-olat.-ilol"i of any" ,o f the On, a. S 01 31. s CO "I prov o -.,,; of th ' C d e mivi, , tt e d c o,:t� J. i -i, vie d o r p 3 CO'l,"I c" d a nd i �, r :iJ1',-,(Z'-,)"t, 10 11, sudl"I�, er,i,At�i e v p 77� c): ti • f 0 0 pc:�xson "I'l-IIII)e I'lle of riot rliore �tli,an $300. Sec. 5# S Al,�T'D STRILICTIT". J, E TO "I I N All'.� 11di.3,,-igs ia,,ti,d w Ll as I'll P [,-) f t" U""lle e c,,J1 1-11,11's Godr� sliall 'l,,,)e to i. ri,r e .3.ra �p Ct*,(-')rl y c d e d e d, ri e ", s p r ov.11, S, c L 3. - on 2 of A r t *,c le 2 of t1i I'S S ec. 6. '1 '10"USING ADVISO"P"Y MrQI'D APPIF"IALS, -BC'lAR,,J of In lorde" sonable J'Llatex-plll. "I,0' g, In. e r o vi. S Ii OnZ, Of tlr'�)-Is C(.�)d(z)tliere "is liereby", created. a Elo" Adv a rid, A, 3f isory ppe,all,.-s l3o,ard, c",ons, i "s; t Jill. Y'l 0 ,:vIrye,r6bersi, °" t a nc."), q, ua i i e id t o, p a s s ldei-itEij, of tli,�-e Co"t,,,'m,tlr of' I.I.,awa.' 1 , f res, i n, i n, g tc-) )All S' r upon i�illi--nt-ter:s, per -La.' h (: Ye tneinbtz.-�,rs, of tl-1u. e 'i q� 1`10,1 islmg Advi sory, and Ap, eiii-al'-s '1,,,`O,ar-d b,c--,�j appoin't.:.&CI. ,P :% - , � f t ,,, -e - Co'�t:i.",n,c' the, Mayor P p r ov a, 1 0 , -: l"i �� Co,urity I mc')re tliree sl-"ia,l J., '11:)e frotri p o I. J t a .1 p ar t y f t % 0 e rvn, of f i' lc e o r 1: tie thca 1J,,r,),1,,,1,s,i.ng At t,,, sc). r y Wa 41 WIFr id Al,:.,) lic"I 1J.'s I D E.,;, "" "ia 11, b e f J d" I "I p e r s f r�, o ai,,rt a nd, z.,, f tll'� r 'U','i e I -E �t. le c, f r r, s A n ie nt s 'pec appol Nny! S 'al be for -LT'),.,e r'lenta der of t" red lae tiriexp,,i,, te r, irn. The Board slaa.1-1 es; an d le �r i,t a t, 14 0 11 s :L,n,\7,,e as, 't -i c.,i,a1,'J.(A1S an,d. s 11-i a .1 mm r le,:i: mn mars.. -i,d le, r a d lec..i, s J' L,(.) n s a vn id, f Ji. d,., -'L n g s ,.1. r'11 m J.". rig, to, Ri1,_iJL_1fd_1, n g 0, f f i C..3111,11 al w a d p,,I,., ',c a tie "Lo e a, 1,C] appe 1 �,f ITwuua "It,o le C 0 t, VIW mm a«a vrvr as ,,,.Ls c o IIM n, ltl"r,l, le 3"L,Lh #! Tl,,,� 1 le De I piz rt,m olf Pub"I'll 'Wo r R."., p,,,I,,. ov 31. d, a s e c r le 0 t'll, e g �Imai,-id App�,,,,�als Blozird., 1' e he pri, mm, aI I s c) f ti J. s C c, id, le arn 11a y b e x"'i orlu -a t r e a s o n, a_ y ap� p c a, 1 t, 'a, 'itid W. a:,,f,11, y le (" re d ww done s t- a mc", 1.) "1 Jw T"Iwwrle s . ...... ca d f :E I c lunar .w t le s o r T...ui di, rt e cn,"i �®, I:ro" le exi, c1f, or unx ilea rTiaz-fids" 9r froi,n their, tJ.i,e Bu .3"",, I'd vx Q A, f'f n 1, s "rtr,,_NrtMywr�Jon or ilp,c)ri requiest of any in,teres,tl,ed, par-ty iT'iay grw�vt a %rariancfe ,p erm i riou Nt u pon iach tcrrins a:,i,i,d concl.1", t-I'Llol'i: SIL Nwr u wfor suic".1h. perlod fof t,,J_:rT,ie as_; t1le, fac''ts 1,'t"Ilay ,(warramt,, ids CH, I e ai , - I , Mi MA -MM ii �401 Sec. A C C "E S ""I") TO PUBLIC FIROFIERTY RD" DUIRED C) 'AICE Olf"'CLIP] I La Sec W 1.011 ACCESS TO F1UB',LD,"."." PROPER11.11Y Al] L 1:), i,,i, "'ll-, 1 d:1, 11''g S si-j,, ai]., 1 1,,,,,.)e "Locatec.3, le,7'th res i e s, I C-,:,.,,,, c :t a.,i,,,id -to, citler -i e, io,n prope�ilty as requi-r-edx ;!N d lv:ii,�y Code,. t1i �'uaa,,i),"ices B u 11, id.3i 1 1, 9 C o d ai,,id a1,1,,,,_ stat'ut,esi, and ord,,-' a pip(I.Aciable 1:1) :tl g S E air . . .... Ira ing :. w�"iid ez ch g"taest row v: ir�ig or a ,i, lig shall 11-ial,ve ac,cess to in a l,ell a passageway, n,(.,)t les,, t`l-van thr e e f e et 3 n vii Jod. "i W„ C r i.- o r z 11 a, ie,� Ea a ,c1., -i,, houze I iri, t o a p41 ot a 1, 1. 1 -cc c=s s t-, o a" ) L c., s, it r e "Ine a n S of a Ra, is is a, ir,' I f r e f e e t�, (5-; 'in "lra,Way� not `1.11es.� t1i"'i a ir, I ,S), e c x 1,02 GCO'Milp IEL) SPACE lots oc,:-1,,,cu"d by p I e W rig 't -1-i e, s, ic op e of s, Code, s1-.i,all h,&Nre riot more w4 ,„UL..,.: J11-11., d J_ ni g s J_ -J L th,an 50 per cent of tl-ie licit 101-11 Ocictipled is,p ace. Corne.'), lo:t,s "used fcr such, 1) u i", 1d,i.,i,,-igs s1iiz 11 have not more t1lan 75 per cen't i the lot CU, ied s, ace. .1 11 0,C pi, p The of' ,,,"h i, is sub sectii.i s1izll apply, ir"i apaxtzi�irent ad ap,a,,r"t,iT'li,,eri"t-Tio,,te1 zones, h coi-ifory,fi, 'to t'he to, 10ts ocic'upied bu,ii,_ldings %,v1 ,i I.A1.1.11111 of Chapiter 8, the Zon"nq ,j C"ode 111. 1p A, 2h YA PRD AND CC, 14� e s1,,i,,a11 app'i)-y to a,11 Se,c,* 10s, sect' yards and c o iart s provided A i n "Jau s.i* n f,,,i s alicl I L yar d a d s",-ons 1-te:t-e,of z 0 e S „, �a „��r: ,'rte � .. � Pt S e rc,,),,� jL�d e c, P e n ri,c: and prov�' (,,ur`L s r,eq,)i.,,,i,ire,r.-I fur-t].�,,i,ex t,Iiat t'h,(c,.%,, proviis,j'[-ons of Si;,,,i,, b c t i o n s 2 02 and 2. 03 h ic il,,,e o f sh a,"I I ri,,jot a p y�,)j 1 y In of C'Tiav: to bti, i I d:,"Li n g s %I,,vI"#IJCTI -L,o, t"he provIS.. p"t.11er j8,, the Zon-i"rig Go,cielm y-� YFirds , pace ishal"I.I., be prmiriided as Sec. 2. 02 A IR. 1'.) fol-10WIBX O-1 r7 A Be,Lmeen a I img, aric,,:I a lot bi(:'),t.u-idar,° otl,,i,er, n a Ily o u, n d, a, r y o, ir-c1e,r :,i n g a p,iL:z),) 11 c s t e,e't-- car zi 11. e y. (1) F o r a, "I.) u, 11,, d,, i'Li"ic s j n,e, ,sl', y i'i i he.-ight, riot le, a n f iil,rkl e-1: 111f.111" e,( 'L 5 174 T, b, -,,o stor'']Les J'Lli 11-1 (2 0 j, a 1,IOf't 'Iess Amu ,,Iri,an, -teiNi feet. 0 (3) F or, a 71:,), ta,,--Ji. c"',j . . .. . . .. -,,rig rrivc1!rc t"I"'i.,an, two, stori-es he "gf'[7,A�, n, ot 1 e s s tl,"i a ri. t, e n f e e t, 10 p 1 u s o, n e foo t 1 f o r e a (:': I'i, s t o, r y, al -.1, o, vc,,,,�- two I 2 B B e, "tv,7ef e ri, b u i 11.e], irn gthe is Me Yard space s o n s a o t, C Cry e p r o d el� d as ab-ove i froir,,,i aii Eissunved I-ot da, -,-r 1 ,yr loca-'L-ed I)etween bu'L.," rmt ri,,ecessa,r' e; qu 'dictai"vt oni fr�, tlie1".),u,i 1d, i ri gs I S ,C',* ImTl-ii ri,, t1i e d i's -t, ,a n c e f r anul, an y b u,.I,,,., I- di. ng t o a I o t, 'b o u, n d a r, y I Ime i -s reduced to less tlian tha,L: requ..x".ec"I 'by :'Lte,'] ,�if y c:), th e r, p r o v,J'. s o n 1 ii,dl. 2 of of "Law -L a, dhange o,,,r of a, J r nn 0, U, w,,,,.,I, i Ir.nw. a n d/ 0 "r j s c,) f s or Pr O"v 1, S,3. 02""'j, Sec 2 03 COU11"Z" ["S A d le a "t". le -a c c c ss s ha,11. II)e prov.1"ided to t'li,le c For a coux-LnwiiC:rlW "r-, I.S Y`iot orie feet "idth, oi- lel-igtTi, tlier,eof s'h,,iaA,,,I, 'be, 1,( ss (20" n 1-ic"'), W,JL t.han tei'i,, feet (J."O" or -le heigi-it of I I-je %Nora.I--1.( le a r Fi r 'a co'ti,,,rt r. .�� n�rP� u�. �r �, , �� ` ov (I :� �,��M. w, , ,� � a , rvu.r M z sh f le -,,L: 2 0 n I Ic I-Ft, n, o iwv 1. d, tho r , e n g al,l. be tix (20 -1:::-WO f le, le t f ( -,),,r lie zi,, c 1",i e "Illy p f ee o ri, le r, e0f, dIr-'),ove (2 0 p o r n t] ,�, "t I ��, �, 0 1 le n le w aI I s c f a c J-1. 1:71 v a rmrw� of t,heJi,',x II e shal.',"L be cons 11--Ine Iiteig,`I-vt of t-lhe wza anjid To,,]-,,ien I, c ou. r -,L is irrE�gtllar or g'ore---sliaped, thl,e a,veirli-.,1ge or C., W2 I er e d th(t c- or Ali thereof lengt.].i ):)ez� coic, Vrhen still ciourt , 1p -i s an, clicri.:xt, a 1r-i,orJ[,,zont-,a1 not, less twei f t S 'i ar le, f le e (2 1 q, q area &I -id 1,e,a,rL`,`L,ILrig to 'the ext:,cxi,cr of -tTie c;ha,1,,J'be 1011 0t prov ded at.ru r, , za. k, slia'il cor),.fo,rm t,,,,;c',) t'l-le t. s h ad., 1 Ta�,o t be 1, e s, s tl-il'", c".) n e., - �i o u r f i" e- re s J'rst q,,�,r o,7 u. Sec 2 * 04 Ny'Eaves II k7l ,anid o,t'hier pro .www , ect-, n �01 0 p r o I 1c, 2- "r'l 1:,, c) a y r le, r le d y a, r id sh a-1. 1 x, no t ol a, 11ecru . ..... . , e n c E t h a ti, J:re d o, r Id. ,"Inches, tc,) a �j C% o t- )'.Nvo a r I t si c) le r It a r lo, j 5 than eaves, cornices and stairways shall not project more than four feet (4') into any required yard space. Sec. 3. CEILING HEIGHT; SUPERFICIAL FLOOR AREA AND WIDTH STANDARDS Sec. 3.01 CEILING HEIGHT Habitable rooms in all buildings shall have a ceiling height of not less than seven feet, six inches (716"). Service rooms in all buildings shall have a ceiling height of not less than seven feet (71). In rooms with sloping ceilings the required ceiling height shall be provided in at least 50 per cent of the room and no portion of any room having a ceiling height of less than five feet (5') shall be considered as contributing to the minimum areas required by Subsection 3.02 of this section. Sec. 3.02 SUPERFICIAL FLOOR AREA Every dwelling unit shall have a room, other than a room used for sleeping purposes, with not less than one hundred and twenty square feet (120 sq. ft.) of superficial floor area. Every room which is used for both cooking and living or both living and sleeping purposes shall have not less than one hundred and fifty square feet (150 sq. ft.) of superficial floor area. Every dwelling unit shall have a room used for sleeping purposes with not less than one hundred and twenty square feet (120 sq. ft.) of superficial floor area and every other room used for sleeping purposes may have not less than eighty square feet (80 sq. £t.) of superficial floor area. 12-16 I ......... . � 10 0 ,^ y r�oo,,nri TL,,iised for s,1.eep:i.,,ng p.-rpo 1-,,iw� e,-, ncvt ltcnss 4, 01' f .--H.,�Y s q i.,ii, Ex r f e ", t" 5 0 s q "t -f f It,..) of supe-- 1. 1 Lciz,l f.'L,oc,,r1.`, area foIr eacli Ia- separate dr,ess:*Lng, c�lc>s,� t. of as, �to prov,,.)1-d,(,,.-,,-.N or adeq'iIte c'xculiatioxi,, and st.- f I rage C. Such eff.ii-c.-LeincY J-Ji1v1."ji,1]1,g uin,it 'S'Tia,1111 be I uv w1`t,1,,),i, a Lvc:.xy :r:.-ha1`1,L no' less th a i'i IL f, ` f"t sc, 1,,,],,a r e f e e't 5 0, s q. f "t of e r f i. c i a 1 f 1, o lo r a re a eqviultz)p iz;(,I IN d a n d a r r a'n, IIS e d f c), r c �o, i'n e, It e 1< ^tch e x"I tll E; e E IIDN,* p 41 No,th.1.,'r',jg :i T"'i "LI I Se ct o, r'i ishall pxrc)h " b It t u s e oT a r��i, 1V I Y111111, 9 11, 1-1.1'. It, ni, e e't.i"Ai, r,'Z4,," tll 1, f -`o, 111 s, 1, 0 p 0 A, Suc-':- h ' ef f:ii. ( ie z,�i 1 1 t- sl:iall ]-iavca li'ving room olf 'i"I:. less, two nd r e c I a,I)-id twent.17, iiisqi�,,iiare f e e t." 2 2 0 s rc 4 ft o s u, p car f Ji. C i a]"- f 1,(, ',,,I -111. a 1� e a An a c, I J Ti "L,,,i ndr, ed sqt:i x -I e f e e (1-00 sq, f 01' f i.,"t . c la, 1 f i-,� a, re a s'h a 11, 1',1) e pr o"'. 7 r perf: % i. d e, d fu e a ch I',, �, 1- 11"', io, 1. , , - n. ex c e s Is o f", -Lt,d %,C,c U, r') T 1, U— (.) MW Mf 1" SQm v uch eff 11.1,: 111111, urii�t, Ec"3)"hal] be v J, 1, c Ia- separate dr,ess:*Lng, c�lc>s,� t. of as, �to prov,,.)1-d,(,,.-,,-.N or adeq'iIte c'xculiatioxi,, and st.- f I rage C. Such eff.ii-c.-LeincY J-Ji1v1."ji,1]1,g uin,it 'S'Tia,1111 be I uv w1`t,1,,),i, a kil"..tch-enette not less, t1ri,,an frc-e't b, '1 ,y f "ve '49, r. fee -t (V x 5') in siize,., IS u, c`1: -,i k ji"..'t c1"i e:t'i e "t L,,, s h a, 11.. 1r, -.)-e D n, U, e 1, a c,c,( c.;s e ,r o iT 1 1 v a., n g n") o, m o r f I y, er In y,,,, a] nrmr J e q'i ii-pped a tenalnt-Ic.) ex"ated elect","I"Til,''IC "";dfir-", P ICIL ��u IS fian cioi(iliec,ted to� t1 -.ie au,t,sil-de at'.3"i ".1", Ir"EInd shall, I. e eqviultz)p iz;(,I IN d a n d a r r a'n, IIS e d f c), r c �o, i'n e, It e 1< ^tch e x"I tll E; e M�� ,LC.,.3 71, C Y Jving ^i,.,-inii c�`I'-Ia 1. 1 b e ov,i (3, ed w,,,"' th, L f,-- E 1,f7 Suc,"i-.i, e ff 1J, 'j-1 0 (j 'I y 17 e, lie '-I o �f t`h- ti e "I': "'., ii,, g e r c, q u "J "A a s e z a t,(-.,, bz,,:,i, t .. . . .. . . .. �111:4 ,p r C c,1 e 1,:," ta," 1. e than 1 .11 e, ",r"i s s,!,!, 1, 1, a II' ther "Vil ID 'H T "I a 31- t c utiiensJ-on. n,o,t b e s s t" vei,"i,, f leet-111, (7 11 1 an y, d J 1-i,a n s F" .1"?,00 M '1' S - S 4• HABI"' ABLE SEI C P 0 RCI I 0 P EN,AB,r 11]]', AREA krl CH)TUNT' 11 ('71 1,11 I'J V 1 T a° Sec. 4.01, ',,F`J,A F3,"'I ir 1 1 A " 1-i, a b J." t. a, T.), 1 e r o, o ui, sI I J, 71% B Lt L j lia 11 1-i, v, e a, a c,"j „i' e c,'�- (""i t�-'(, w,,,i,ntl doN,,,w area cof not '.I.ess 't hkan, of ivr e I v e s,r,- r, f c:?, e t- (12 s q f �t w. thcn- gross f loc,)r arc:�.�!a, 11,� v L&I 'S ater. r-"I"ever i, - ,S e c 4 #,02 SERV ICE R(.)(..)rc ,M Ser:s,,7iccz, rocms,, cz-,xcept c1(' -:')%sets, and ot"hier roun,,"is ar,e t,,�iot- d,esJi.gT"i,ec"1 for IDY Timi:'nan beil"I"Cn,rclIsp, s`1,-,-Ila-11 1,-iave zii,,"i, Fiqqr,e,ga,tr o,�,,, less, of tl-ie g,rc.-),s,s; f I.c:)c,�r area, s c, f (,:�"et a r tll-,i e a g g r e g a't, e 6, sq f t whic'h.ever i�s It E� :Lded, tha grect Pr 017,� m 1,.,:L,,iigs and 1,odg-i:i,"v-r,, -l''Ousies may wi n d cmvi, zi-im-icsi o, f s u c 'h r o cnri s, i n,, d, v,,,7 e 1 not "ILess, t1ia],-i,. f,,Jki,-ve,k per c4-,,e,rvt, o,' -',E t'he g-,.�Icoss floor area is; great or sqt.-t a f e e t (3 s,(,,l I chEl. Ve i Sec. 4,03 PORCHES Riequ-11","Ir, c L A, nri, c) t� s sh a 1,, 1 o p e n o n -a S,treetard, ioir.- cot.,t e:Lict hex d-ireictly or tI,ix,ough, a porch,,- havil.,rig a m,i,ri,i'i'nui,"n o; www Tieigl"vt- of not �0"i-ar�l,, seven feet (7"), Such porcl,�"i s1i,all 'be at-,,, Ieast 50 per cent q en on at 1east one P de or oi'i N c:',,%,n,d,s,, S e c I q 4,A4 OPERABLE WINell DGV! Al)ZEA On e -'],,a gro w f c),f t,171,,Pczsw requJ',X,(,x'1 area .1"n all rool"ns, opei-,iable. ,15 e C # 4 VAOT �,Y` p 'fi,"A ic "ha' lvva� y i and, Cg' th c,��m ,r I"' y s, sl"'k a 11 bch, a, (f), a, y g 1-i, j 311,� d at a 11. tj 1 mve s i. i -i accordance w,Ith, th Cold I(, Ne mF S lie c 4. 06 1 CA, V ENT I LA"I" 10 N E A j,�i a, pip r o e d, s y le-.` of v, enti ,I a, t, 'L io n I 4 d lo,,ir:, a I. r c o i� 4t --ty I used in jz), e vii a -.Ji. le o f o b, I le Tv,,7 J-1 1, "Wr J. i'D11"ll St,:ic'll systezTfi,, pr,&\r1de not less tl,�klic n four air cl'-i,,ar�),Iges 'per lex(:'.'-let P M i""I"Il Ji" it 0 J. "I'L (-,% t ,co,iT,,(P,ar,t,i,,ir',�,,en,-t,s Isy c "n S, prov ide zzt c,oy-np,.)] etll(-�,',., lip, rywwr yr i,t-ril c -,"I "vr e % IF a t1i ro o �,ri)rls vat lo r a1r,"t"I"'Jiv itits 1 le s la�,n,d le c o ri ij--') 3 c: ed "A" ID rl, h av le f ',,,,c IE a. III ve i, alted I \l I t La I ry -I-),t roici-Irticl, c -l-,-, cc),.,rrJ'ldor's or otlier openings, froii,�t a,.dj`a1c,,ex "4 a r le s v�,� ff %iL, i.en t, 't o d e a, n. f 1 lo�w IS approved so�t i� 'T W pz:, ov ".1") le blr w IIitta le v c,� 1"-'I t i I t L (a f f e Cti 0 �f la.:'L, n, le, Icr,.,,, s, s or i e s, and t., 1 c t c o r I I I 1-i, r cp o ii"i s, L n,�tc ri ex,[ 1111'L,111;�Dt air b a, s 1-i, a 1. 1., x -i o t e r le lic .3`1�-r c a, "te�-C]l E,:,�,�cht a za s t, d lo, c S'Tyr S, -t:', f ( r t 0,11 e t c c.), inp, a rtl'TIE,illcts, and batYi,ro,o,,,ivts sha,131. be sep,a-lcate from t1'),,e ex,liat:ist duct for lot1--c�r por-it" I i, n g 3, -ons of •a 'bi,.:i-" 1A,II Toilet II ba-throoms and ver),it'.1"'.1at-ed in accor'dwice th,'J.,s ii-tay be provi.,Ided wit"hi i or zi artl"fli.c.1'al lxl�,'j`hto t7i li I%�v a t er c 1 as et --n, a, b a tl �ixocxii A" k, ri t oii 1, le it c o m, la'10- -t: me n, t "is con��pletel,"y, enrl"1.,oslc,!d, byl, pax, t-Ji-tiliciins s,uch C'd e n, c Io is vt r, e sl -i a 1, "1 b le s le 1!1.y 1 ig"I"11-1EI,"I r,',„w,v le, n, ",t " I "-I , ,,, 1� pl,ar, a t --,rL Iry Systei,i,,�ito. �iirtechani,cal venti-1at"I".01''), zi 1, led to C 01 111"t gyp. r ,.-i,.,n g-loo,cuwl "I wit hi "L.7.11e, p,17CV1S1O14`) vqz'31 Olf Ccxle slriall 1:,�e kept i c') n M S a c )'', it, , I t t, a 1.1, dt:t occupancy of the 1111, S r, "I Ic v e d I J I-jr-), iYE 1,, S Al',)- opc�ni ngs C'# c b a, tli is are cn�c ,,,`)rovlCllc..d t�, 1-1 e r s 1-k a "Ill, 1 l),c,; p r ov L d onn,,d ci�",, each, Slec 5. J, .JJ WN Dlllq 12,41J.L1, 11, 11 "T A " "N Ji !AA-'N,,-jA WA-, "r y a nc onii il�.,"llci li 1- S e -c '5 0 ,,), P, 1 J c 'Hil L. h al, lw a: LJ1,sl I 'T' S N11 ic'-osic✓ ts,, .3. C s ii prov,.')" 'I be "Aie,c)], %,,, dr "L't]"',l a wa,'ter c 1:-, a la T%,7 a, -t a P, ;,�id a,il I Ili 1,• a ba,thcti it"I") o r shociaer soe c 5.02 I-jr-), iYE 1,, S r e pr v at, e vii;r J later closelts, La-, v a t c J- r*, r -,i, d b a, tli is are cn�c ,,,`)rovlCllc..d t�, 1-1 e r s 1-k a "Ill, 1 l),c,; p r ov L d onn,,d ci�",, each, floor for ei,,,,"icl-i 1 e a s o ri e w a t, ic r �(:i 1 C) S'et wn,d y a nc onii il�.,"llci li 1- Z c c,c s, s I. e f rc ,,), P, 1 J c 'Hil L. h al, lw a: A, cl d-:i,,,�t :i-', o n, al.. a t er, ic'-osic✓ ts,, .3. C s ii n d Marcth s sl -,i ,a 1-1 'b e ',l prOVi.c.led, oxfi, ea,cl�i,- for each se-;,fc, at ,,,aa.-„of c�r,�ie fo,:1".: I I (D 1, 0 EN, e r e r e o, ri,, "1 111, -11, I v o ir"'y a,dt-,, ,-:ts,O or friaci—J"* ia:1-1cun"i) cl-early marked. for e,;,,o,,,.-, c ,n*" s, s o f 1. 0 S,ulch� fz-x<,---i,,L�L -ies sliall bie. Men" or Sec 5.03 KITCHEIN acli dwel ling la i ":I'll"t "h, a 11 1 le -tch e ri k 1 1. e Ti, li a J, I av e a c c e Es b 1 e J d e d, Jacli I I pr ov I s t lor a g, e s pac e f o r �f o ('-D, d, ia,ri� id, utens,-L.ls w-ld, spalicie fc:)r suclo"i, 'IV J &WO a ct-i- :i,, ti, e s, a n d needed, to t'l-ie I'll t c"I"i for -the pr, ce pa r a, on cf c d" Every k",L(_-h,en be providec.1", vitl"i, )C) a k-itchei"i or s"),nn"llar,ly absorbent materi'a,l-, s,",hall, 1::),e Sec. 51 .,o.,4 rt 1 a 11 be cf(,,'.')n,(r-i,ecteJ, to a wer or ��Lo En"i apprc"wed j-,,i,,,ri,va,tef S II„. UMM ,K IcS,i, ew a cj e, d, Ji. s p c) s a, s y s A, I J. I f t:,,i t: e s s Ilk ,a 11,, 'I: ,l e P connected to an a of water and. pro"Vj�A(,:A, pproved closets sl t a 1"' "th 'hot axild colc v«rL L)e (11114old wa-1-1,er, ol"lly,01 p:t,c) d e d A p J., ng e s, s h a 2. 2. 1,:), e c), f a n a p p r o, ve d,, En;d mP 'larly non alr cz� o i--" cmt c),r of a s:*_im �L b Secl. 05 CLOSli"t'I'l C011a A, R 11, llvll,`�]`N 9 %EI' lil al,l s, a i,,'id f J, c), o r s, o, f w e r c 1 o s et c lc) riij a ria, -tm e n t s s,5,1- ji a I'l 1, "I'lb e f ""i n 1,:_ I �i e d J. n, 0% 1 "t:, � 14 accoi-1,d,ance ''.l."ie (,7)de tha't, suc'h viaills and flooxs in drv,;Vell_ing and, lo, All, V ''iz-, I.S. tl ap roved, noy-ivnibsc,,�x lb ei"i "P 0, (��" - 0 w , d I— ') r e p t fic�,, S e c E� ROOM, SEPPiRikTIC, Z E,� my 1"I'vilLnic,'j, �11' 10 X, 0,0:1"I'�,[ s, e f o r, tl,i, e jioi,i,, of foc:,,)d s b, al, I,, r e p a r a tAll te,r 'be xised for slee i, 4z, u si,, n g a wa p -ld I r oo rii u s d f o r e clL,c'.)zet, sh,il'lll.l opucni,i� d.l._re,cLl,y in'tj 6-ITY p,i,_,&,c,).parati*,on, olf ,food,,, it `h El "i C ��j N J�IVL�, ,., 1, cl I E ia, 't rl 5,07 .1 N"S "I''i I )lq AN,] IISI A A 1, 1 s a n, 1'', 1:" ca, Iried :L, s a fre a, n, d, d, and ma_inta Li n filai,ciLli le��,;. sl�lal]_ be: ''ns t a lle samitiary and itiri, wJ."A:11"), a-11., apG_cable laws. Ever, wa,ter or sb),ov,!oer -requ*l-'E!r'3 IDY' «thls y b ath t a, c1% y a roc ,�i v, 'i, Ic h w L 11 a, f f lic),r d p C ode s'h a 11 be, J"_ i,a *c -l"", zi, I" I -ed, -to the olc,cup,at*,it.,, S, s dwe 1, 1 Sfec 5*08 0 BAII I ... . . . . IR0014. Nc i.n,g or dwe.l..", contaii,iin( 't,,%vol, or �illcilre guest rocnias "hall, liave such '1.7oonj, C)"m Wr 21.), t access to a, 01, c r cl, o se t M�� ;3 L rtiended, for �iI.i, 'by occupa,rvts (,,,)f more th-an (:xne. 't],,"irotigh, aii-iot",l,'ier h�,d on, 3,n cn, a _fo iss 1,, ee p p", "I" i. r o c. a �ri 1 Y I)y T6,l, OjO 1,1,1 Ir, cs' tl",i at ,, a rig e me."i -i s I, ee rojcm s 11) le s t,l t. had c)i,,-i,_1_y by access, 't, -Io a sleep''J-1,15, 'r0,C)P7` car"i otlii r s1,e,rcrupJ,,nlc.r "roo'Imn, lor a or watcz,,1�111L cl(mr set 110I C IS 5 9 C L "FO S s sl",Ial he Itz lie Ip J., n a clean, s,anit-_axy and, safle A, prove,c,":1, dev,3"'Ces', equ-1 or for t--l""ke c,)f Jl;ect.-,.-I ill tj I I I 4� zis, 1,nua be I.., o ri a, - :i h sa,�rii -a rI, -C: "'i c r o fd en It 'J"L ii f e is L a rid i -c" Y Y r le e d, "b y th e pi, I bl:i. regu-la-Lal-Ons of tl'if S-La-te c) f Ha,"wa i.,L or t"'he Me alt'll"i Off.."Licer.- shal-1. he ariud mai'n-ta..JLi."e I Ile a a 1, 1, 1:D,,,i16, ,,ii "'i"Id * 11 ing is ga r a',i-i, d o III,,ier orgamt,.c I%i,vas shall bie dlis,ploseld of 3 a, I# hill sal"d, thl J'j,a ri 'l e r, r le q u,:L r, h e�a 1, th ,r le g, ulza t J_("t) rl s a, r), d a Ipp, lr,� o %ir le id b, y It ']",i H le F,:i, 1, th�, 0 f f i c e r 11 f ur',n J.slw,i,d ii'ia in,"ta '11"]. 11 a, 0, suc pproved deviLices f(q,i,'i.Lp,,nnvr,nt or AL ptl, 1,C be r'lileicessary zwaix,,id red b�� sail ly heal:tll�ij, o"r t,ie 1,41e, 1th Offioer to kl,eep thefix un;L"Its Nb bi,,,.vii, 11(ai.mg 'T 1. N 11,163 0 !,IT Sec 01 5, 1. 1 Off, Cf0NS,T,1uf,)JC, 0, 'I ed ,I�11_ "be er(Icted, vipon wliaich, 1,",iias been fil. in w.,it'li, ixlefuse tf,"I 1-i o",t �i,,t 1 1 1, 3.1, + tl�,e r le 11 , f a. ov e, pr. o'vi. is i o n cl w e 111 ri u a z��id le f fi* c IN 1,, le n c y, kept .1"I", I I a cle', n, sanitary a n d, Is a .,f le c o,ri, cl. i t.iL o n b y t:1,i e i r OCC.'Llpants, and zsuch ., occt.i,,pamt s, a .1 1 '�� d.J.-spose of th,e.irl rubbi.sh, garbage .. "� ax,tdx ,c)"ther orgcun`f,,,c wf,,,,,.is,t,e ji.rj. t,,,I-ie n,,iariner prec, 111-cxi,bed, above ari,d, s1r,"i,all f ur',n J.slw,i,d ii'ia in,"ta '11"]. 11 a, 0, suc pproved deviLices f(q,i,'i.Lp,,nnvr,nt or AL ptl, 1,C be r'lileicessary zwaix,,id red b�� sail ly heal:tll�ij, o"r t,ie 1,41e, 1th Offioer to kl,eep thefix un;L"Its Nb bi,,,.vii, 11(ai.mg 'T 1. N 11,163 0 !,IT Sec 01 5, 1. 1 Off, Cf0NS,T,1uf,)JC, 0, 'I ed ,I�11_ "be er(Icted, vipon wliaich, 1,",iias been fil. in w.,it'li, ixlefuse h ix,.n'i e s si e s,J, e v1poi,,il, -t.,o be erected PIN, t a b Iri a s b e e in, I'L ri, s' e . ... . 1 p ctetd by the '111",I,�,.A,.Ca"],,,,.,.�-.',),,, Offlc( I- iatad fottd, sa na. t ar y ��l M � I !W d a• B�; vu d a� 'V �'.,,w'"'a r Ilw �M uw r0 w� MV ' ! u: �%s �w rn P�MfP^^r,tiiwumr WPa; 9uw,nmmp�rrvyuu,r�emuu�ewwiymmo�^�Nwuwwv�w�mmm�wnnrvsl mwwwlMird mmmvmm��imlP fWJfr�dWMir wuw^wy w'v, �m�qu ^rvw,m�uu .., viBumrrmu6wD'smmm wHmia�mluf�mmwwauwMTffM Z3 � , yy "wN 1 � Y Z"u w,,,rb °�fi".>�'rr rte. fix• GE � "'�f ��u' urs. w. rrr, .ywy w, ,' wr,., N, 'M. 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L s C I -I le 05� c O's, b a a r�, c I er J wnw col."I"'rt of" -It'l-l"le r s, h a 1 .1 ble d le p o v d b I C wf�":,, d ar C :ij_ . r c t IS L a t,,.,e C) f" E"% I for If n r), 3 -60 b 6 I,,, 1 t 1-i "to I i D V 1, S .1 0 T I I i R o S', 0 1 1 -111 "I I " W J" 0, J Plb, Lvd -l"', I d, Ir I IS e c 2 0 �,5 E 1� i "t fry'i C our -" t y f Fa f w a, . IL f "w ww I r�;. rw, IS u b s ct i o 1-'1, 2 0 el, above c) v 1. IS le a i,,ty le g a c:):r b,)wr "ItIs Couri,,se,,I, 'irr'iiEly I I I -1. 0 e eiciu,.L„table -to Y` I s I -I r"I O't 1-1, lo:r ab,a,t,e a,rbjy pt.,,ibl ""L C )-(t 1,111 s �a f"I c e r", 0 v . ..... (:."'i rz,:) ('11 p Code s]-ta,11.) bc.,3 p,rar,Of CHAPTER 13 CHAPTER 13, PLUMBING CODE REFER TO ORDINANCE N0, 152 CHAPTER 13 PLUMBING CODE Page Article1 . ..................................................... 13-1 General Provisions .............................................. 13-1 Sec. 1. The Uniform Plumbing Code ................... 13-1 Sec. '2. Administrative Authority .....................13-1 Sec. 3. Assistants .................................. 13-2 Sec. 4. Department Having Jurisdiction .............. 13-2 Sec. 5. Violations and Penalties .................... 13-2 Article2 . ..................................................... 13-3 Amending the Plumbing Code ....................................... 13-3 Sec. 1. Amending Sec. 1.4 of the Plumbing Code ...... 13-3 Sec. 2. Amending Sec. 1.10 of the Plumbing Coda ..... 13-3 Sec. 3. Amending Sec. 1.11 of the Plumbing Code...... 13-4 Sec. 4. Amending Sec. 1.12 of the Plumbing Code .....13-6 Sec. 5. Amending Sec. 1.12 of the Plumbing Coda ..... 13-7 Sec. 6. Amending Sec. 1.14 of the Plumbing Code ...... 13-8 Sec. 7. Amending Sec. 2.1 of the Plumbing Code ....... 13-8 Sec. 8. Amending Sec. 103(k) of the Plumbing Coda ...13-8 Sec. 9. Amending Sec. 109 of the Plumbing Code ....... 13-9 Sec. 10. Amending Sec. 117(h) of the Plumbing Code .... 13-9 Sec. 11. Amending Sec. 120 b of the Plumbing Code ... 13-9 Sec. 12. Amending Sec. 124(e) of the Plumbing Code .... 13-9 Sec. 13. Amending Table A of the Plumbing Code ........ 13-9 Sec. 14. Amending Sec. 304(b) of the Plumbing Code .... 13-10 Sec. 15. Amending Sec. 306 of the Plumbing Code....... 13-10 Sec. 16. Amending Sec. 310(a) of the PlumbingCode .... 13-10 Sec. 17. Amending Sec. 315(d) of the Plumbing Code .... 13-10 Sec, 18. Amending Sec. 316 of the Plumbing Code ....... 13-11 Sec. 19. Amending Sec. 317(a) of the Plumbing Code .... 13-11 Sec. 20. Amending Sec. 318(b) of the Plumbing Code .... 13-11 Sec. 21. Amending Sec. 323 of the Plumbing Code ....... 13-11 Sec. 22. Amending Sec. 406(a) of the Plumbing Code .... 13-12 Sec. 23. Amending Sec. 406 g) of the Plumbing Code .... 13-12 Sec. 24. Amending Sec. 407 g of the Plumbing Code .... 13-12 Sec. 25. Amending Sec. 604 a of the Plumbing Code .... 13-13 Sec. 26. Amending Sec. 615 a of the Plumbing Code .... 13-13 Sec. 27. Amending Sec. 703 b of the Plumbing Code .... 13-13 Sec. 28. Amending Sec. 704 of the Plumbing Code....... 13-13 Sec. 29. Amending Sec. 906 of the Plumbing Code ....... 13-14 Sec. 30. Amending Sec. 908(c) of the Plumbing Code .... 13-14 Sec. 31. Amending Sec. 909 of the Plumbing Code ....... 13-14 Sec. 32. Amending Sec. 1002(d) of the Plumbing Code ... 13-14 Sec. 33. Amending Sec. 1003 of the Plumbing Code...... 13-14 Sec. 34. Amending Sec. 1004(a of the Plumbing Code ... 13-15 Sec. 35. Amending Sec. 1005(6 of the Plumbing Code ... 13-15 Sec. 36. Amending Sec. 1006 of the Plumbing Code ...... 13-16 13-i 13 -ii Page Sec. 37. Amending Sec. 1007 of the Plumbing Code.....13-16 Sec. 38. Amending Sec. 1008 of the Plumbing Code ..... 13-17 Sec. 39. Amending Sec. 1009 of the Dlumbing Code..... 13-18 Sec. 40. Amending Table 10-1 of the Plumbing Code .... 13-18 Sec. 41. Amending Table 10-2 of the Plumbing Code .... 13-18 Sec. 42. Amending Sec. 1101 of the Plumbing Code ..... 13-18 Sec. 43. Amending Sec. 1102(b) of the Plumbing Code..13-19 Sec. 44. Amending Sec. 1103(a) of the Plumbing Code..13-19 Sec. 45. Amending Sec. 1104 of the Plumbing Code ..... 13-19 Sec. 46. Amending Sec. 1105 of the Plumbing Code ..... 13-19 Sec. 47. Amending Sec. 1106 of the Plumbing Code ..... 13-20 Sec. 48. Amending Sec. 1109 of the Plumbing Code ..... 13-20 Sec. 49. Amending Sec. 1110 of the Plumbing Code ..... 13-21 Sec. 50. Amending Sec. 1111 of the Plumbing Code ..... 13-21 Sec. 51. Amending the Plumbing Code by Deleting Secs. 1112 and 1118 in Their Entirety..... 13-22 Sec. 52. Amending Sec. 1119 of the Plumbing Code,,,,, 13-22 Sec. 53. Amending Tables 11-1, 11-2, and 11-2 of the Plumbing Code by deleting them in Their Entirety ............................ 13-22 Sec. 54. Amending Sec. 1202 of the Plumbing Code..... 13-22 Sec. 55. Amending Sec. 1203(a) of the Plumbing Code..13-22 Sec. 56. Amending Sec. 1206 of the Plumbing Code ..... 13-23 Sec. 57. Amending the Plumbing Code by Deleting Sec. 1207 in its Entirety ........... ...13-24 Sec. 58. Amending Sec. 1208(a) of the Plumbing Code..13-24 Sec. 59. Amending Sec. 1211(a) of the Plumbing Code..13-24 Sec. 60. Amending Sec. 1212 of the Plumbing Code ..... 13-24 Sec. 61. Amending Sec. 1213 of the Plumbing Code..... 13-25 Sec. 62. Amending Table 12-1 of the Plumbing Code .... 13-26 Sec. 63. Amending Table 12-3 of the Plumbing Code .... 13-27 Sec. 64. Amending Sec. 1215(1) of the Plumbing Code ..13-27 Sec. 65. Amending Sec. 1218 of the Plumbing Code ..... 13-27 Sec. 66. Amending Sec. 1219 of the Plumbing Code,,,,, 13-27 Sec. 67. Amending Sec. 1301 of the Plumbing Code,,,,, 13-29 Sec. 68. Amending Sec. 1305 of the Plumbing Code ..... 13-30 Sec. 69. Amending Sec. 1306 of the Plumbing Code,,,,, 13-30 Sec. 70. Amending Sec. 1310(a) of the Plumbing Code ..13-30 Sec. 71. Amending Sec. 1312 of the Plumbing Code,,,,, 13-30 Sec. 72. Amending the Plumbing Code by Deleting Appendices C, D, E and G in their Entirety.l3-31 Sec. 73. Amending Appendix F of the Plumbing Code .... 13-32 13 -ii CHAPTER 13 PLUMBING CODE ARTICLE 1. General Provisions Sec. 1. THE UNIFORM PLUMBING CODE That certain plumbing code known and designated as the "International Association of Plumbing and Mechanical Officials Uniform Plumbing Code, 1970 Edition," as copyrighted and published in 1970 by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California 90032, including Appendices A, B and F, is hereby adopted by reference, subject to the amendments hereinafter set forth and shall be the Plumbing Code of the County of Hawaii, cited as such, and referred to herein as "this Code," and to provide for the examination and registration of persons engaged in the business of plumbing or laboring at the trade of plumbing, the issuance of permits and for the collection of fees; to create an administrative office and a board of plumbing examiners and prescribing their duties; to establish minimum regulations for the installation, alteration or repair of plumbing and drainage systems and the inspection thereof; defining certain terms; and providing penalties for the violation of the provisions thereof. Sec. 2. ADMINISTRATIVE AUTHORITY Whenever the term "Administrative Authority" is used in this Code, it shall be construed to mean the Chief Engineer of the Department of Public Works or his authorized representative. 13-1 Sec. 3. ASSISTANTS Whenever the term "assistants" is used in this Code, it shall be construed to mean the authorized representative of the Administrative Authority. Sec. 4. DEPARTMENT HAVING JURISDICTION Unless otherwise provided for by law, the Department of Public Works shall have jurisdiction over and administer all matters covered by this Code. Sec. 5. VIOLATIONS AND PENALTIES Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $300.00. Each separate day or any portion thereof during which any violation of this Code occurs or continues shall be deemed to constitute a separate offense and upon conviction thereof shall be punishable as therein provided. Any person who shall commence any plumbing work for which a permit is required by this Code without first having obtained a permit therefor, shall, if subsequently permitted to obtain a permit, pay a penalty fee of twenty-five dollars ($25.00) in addition to the permit fee fixed by Sec. 1.12 for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Adninistrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if th,re be an unreasonable delay in obtaining such permit, the twenty- five dollars ($25.00) penalty fee as herein provided shall be charged. 13-2 ARTICLE 2. Amending the Plumbing Code Sec. 1. AMENDING SEC. 1.4 OF THE PLUMBING CODE Section 1.4 is amended by deleting paragraph (10) thereof. Sec. 2. AMENDING SEC. 1.10 OF THE PLUMBING CODE "Sec. 1.10 -- To Whom Permits May Be Issued "(a) Except as provided in subsection (b) below, no permit shall be issued to any person to do or cause to be done any work regulated by this Code, except to a person holding a valid, unexpired and unrevoked'General Building Contractor's or Plumbing Contractor's License" as provided for in Chapter 444 of the Hawaii Revised Statutes or to the representative of a gas utility. "(b) Any permit required by this Code may be issued to any person who is a licensed journeyman or master plumber within the meaning of Chapter 448E, Hawaii Revised Statutes, to do any work regulated by this Code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings; provided such person shall file an affidavit to the effect that he is the bona fide owner of the dwelling and he will personally occupy same; and will perform all plumbing work for said dwelling and accessory buildings. Only one such permit may be issued to such a home owner unless the Administrative Authority finds that strict application would result in practical difficulty or hardship and that the granting of the second permit would not be contrary to the purpose of this Code. This does not preclude such home owner from obtaining additional permits for the same building or accessory buildings on the same lot." 13-3 Sec. 3. AMENDING SEC. 1.11 OF THE PLUMBING CODE "Sec. 1.11 -- Application for and Issuance of Permit "(a) Application. Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose. He shall give a description of the character of the work proposed to be done, and the location, tax map key, ownership, occupancy and use of the premises in connection therewith. The Administrative Authority may require plans, specifications or drawings and such other information as he may deem necessary. "(b) Plans Required. Applications for plumbing permits for any commercial, industrial or public building, hotel or any apartment building shall be accompanied by two sets of drawings for approval of the Administrative Authority. One set shall be retained by the Administrative Authority and the other set shall be returned to the applicant which shall be kept on such building or work at all times during which the work authorized thereby is in progress. Other plans or drawings may be required as indicated under subsection (a). The Administrative Authority may waive the requirement for submission of drawings when he deems it unnecessary. "(c) Issuance. If the Administrative Authority determines that the plans, specifications, drawings, descriptions or infor- mation furnished by the applicant is in compliance with this Code, he shall issue the permit applied for upon payment of the required fee as hereinafter fixed. The plumbing permit card shall be posted in a conspicuous place at the job site during construction. "(d) Validity. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the 13-4 provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorizes is lawful. "The issuance of a permit based upon plans and specifications shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing any plumbing work being carried on thereunder when in violation of this Code or of any other ordinance of the County of Hawaii or from revoking any certificate of approval when issued in error. "(e) Expiration. Every permit issued by the Administrative Authority under the provisions of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 90 days from the date of issuance, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 90 days for such periods of time as he deems necessary; providing further, that a permit issued for work on construction having a valid building permit, shall expire only when such building permit expires. "Where a permit expires, before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications of such work; and provided, further, that such suspension or abandonment has not exceeded one year. "(f) Suspension or Revocation. The Administrative Authority may, in writing, suspend or revoke a permit issued under provisions 13-5 of this Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Code. "(g) Refunds of permit fees shall be made in accordance with the provisions of Section 2.02 of Article 2, Chapter 2, Hawaii County Code. Sec. 4. AMENDING SEC. 1.12 OF THE PLUMBING CODE "Sec. 1.12 -- Cost of Permit "Every applicant for a permit to install, add to, alter, relocate or replace a plumbing or drainage system or part thereof, shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information pertinent thereto as may be required. "Such applicant shall pay for each permit issued at the time of issuance, a fee in accordance with the following schedule, and at the rate provided for each classification shown herein. "Exemptions - The County of Hawaii and all agencies and contractors doing County of Hawaii jobs shall be exempt from the requirement of paying any permit fee except for the penalty fee under Sec. 1.7 when applicable. "For the purpose of this section a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. "When interceptor traps or house trailer site traps are installed at the same time as a building sewer on any lot, no 13-6 sewer permit shall be required for the connection of any such trap to an appropriate inlet fitting provided in the building sewer by the permittee constructing such sewer. "When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling of private sewage disposal facilities abandoned consequent to such connection is included in the building sewer permit." Sec. 5. AMENDING SEC. 1.12 OF THE PLUMBING CODE "Sec. 1.12 -- Schedule of Fees "Schedule of Fees For issuing each permit, an application fee of ..........$1.00 In addition: For each plumbing fixture or trap (Including drainage and vent piping)........... 1.00 For installation, alteration, or repair of each building sewer ......................... 3.00 For repair, addition, or alteration of sanitary drainage and/or vent piping........... 3.00 For each industrial waste intercepter, grease interceptor and sewage ejector, including its trap and vent .................... 1.00 For installation, alteration or repair of water piping and/or water treatment equipment ............................ 1.00 For vacuum breakers or backflow protective devices installed subsequent to the installation of the piping or equipment served ............................... 2.00 For each lawn sprinkler system on any one valve including backflow protection devices therefor ............................... 1.00 For each electric water heater, oil or gas water heater and/or vent ................... 1.00 For each new installation, alterating or repairing of gas piping system, housepiping and/or exterior piping for lamps, luau torches and other mist, equipment ................................ 2.00 For each gas appliance .............................. 1.00" 13-7 Sac. 6. AMENDING SEC. 1.14 OF THE PLUMBING CODE "Sec. 1.14 -- Notification "It shall be the duty of the person doing the work authorized by the permit to notify the Administrative Authority, orally or in writing, that said work is ready for inspection. Such notification shall be given not less than forty-eight (48) hours before the work is to be inspected. "It shall be the duty of the person doing the work authorized by the permit, to make sure that the work will stand the tests prescribed elsewhere in this Code before giving the above notification." Sec. 7. AMENDING SEC. 2.1 OF THE PLUMBING CODE "Sec. 2.1 -- General Provisions "(a) It shall be unlawful for any person to perform any work covered by this Code in violation of those provisions of the Hawaii Revised Statutes relating to the licensing of electricians and plumbers. "(b) Unlicensed persons may perform work covered by this Code providing such work performance is not in violation of Section 444, Hawaii Revised Statutes. "(c) A Plumbing Contractor shall operate from a legitimate place of business located in an area zoned for such purpose." Sec. 8. AMENDING SEC. 103(k) OF THE PLUMBING CODE "Building drain - The building drain is that part of the lowest piping of a drainage system which received the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning five (5) feet outside the building wall. 13-8 Sec. 9. AMENDING SEC. 109 OF THE PLUMBING CODE "(a-1) Health Officer - Health Officer shall mean the Director of Health of the Department of Health, State of Hawaii, or his authorized agent. "(f) Household Aerobic Sewage Treatment System - An aerobic process of treating sewage which produces a stabilized effluent, which effluent can be disposed of into seepage pits or sub- surface disposal fields." Sec. 10. AMENDING SEC. 117(h) OF THE PLUMBING CODE "Private Sewage Disposal System - Private sewage disposal system is a cesspool used for an interim period, a septic tank or an individual household aerobic sewage treatment system with the effluent discharging into a subsurface disposal field, into one or more seepage pits or into a combination of subsurface disposal field and seepage pit, or of such other facilities as may be permitted under the procedures set forth elsewhere in this code." Sec. 11. AMENDING SEC. 120(b) OF THE PLUMBING CODE "Seepage Pit - A seepage pit is a lined excavation in the ground which receives the discharge of a septic tank or a household aerobic sewage treatment unit so designed as to permit the effluent from the septic tank to seep through its bottom and sides." Sec. 12. AMENDING SEC. 124(e) OF THE PLUMBING CODE "(e) Water Main - The water main is the water supply or distribution pipe within the street for public or community use." Sec. 13. AMENDING TABLE A OF THE PLUMBING CODE "Amending Table A, at the end of Chapter 2: "(a) By amending under the column "Footnotes Remarks" 13-9 for Homogeneous Bituminized Fiber Drain and Sewer Pipe to read "Notes 1 and 5." "(b) By adding immediately below the words "Compression Joints, vitrified clay pipe, bell and spigot pipe," the following words and numbers: "Concrete sewer pipe, (ASTM) C-14-52 or 55." "(c) By adding at the bottom of Table A the footnote 5 to read as follows: "5. This pipe is to be installed strictly to the manufac- turer's specifications. Each installation shall be considered on its own merits and the Administrative Authority shall determine additional installation requirements based on soil, loading and climatic conditions." Sec. 14. AMENDING SEC. 304(b) OF THE PLUMBING CODE "(b) Roofs, inner courts, vent shafts, light wells or similar areas having rain water drain, shall discharge to the outside of the building or to the gutter and shall not be connected to the drainage system." Sec. 15. AMENDING SEC. 306 OF THE PLUMBING CODE "Deleting the contents of Sec. 306 and adding the note: "Refer to Sec. 1.11." Sec. 16. AMENDING SEC. 310(a) OF THE PLUMBING CODE "Sec. 310(a) -- Prohibited Fittings and Practices "(a) No double hub fitting, single or double tee branch, single or double tapped tee branch, side inlet quarter bend, running thread, band or saddle shall be used as a drainage fitting." Sec. 17. AMENDING SEC. 315(d) OF THE PLUMBING CODE "Sec. 315(d) -- Protection of Piping, Materials and Structures "(d) No building sewer or other drainage piping or part thereof, constructed of materials other than those approved for 13-10 use under or within a building, shall be installed under or within five (5) feet of any building or structure, or less than one (1) foot below the surface of the ground." Sec. 18. AMENDING SEC. 316 OF THE PLUMBING CODE "Sec. 316(a) -- Vertical Piping "(a-6) ABS-UWV, PVC-DWV - ABS-DWV and PVC-DWV shall be maintained in a straight alignment. "Sec. 316(b) -- Horizontal Piping "(b-7) ABS-DWV, PVC-DWV - ABS-DWV and PVC-DWV shall be supported at not to exceed four (4) feet." Sec. 19. AMENDING SEC. 317(a) OF THE PLUMBING CODE "Sec. 317 is ammended by deleting subsection (a) in its entirety." Sec. 20. AMENDING SEC. 318(b) OF THE PLUMBING CODE " Sec. 318 -- Inspection and Testing "(b) Advance Notice - It shall be the duty of the person doing the work authorized by the permit to notify the Adminis- trative Authority orally or in writing that said work will be ready for inspection. Such notification shall be given not less than forty-eight (48) hours before the work is to be inspected." Sec. 21. AMENDING SEC. 323 OF THE PLUMBING CODE "Sec. 323 -- Appeals and Petitions "Any appeal from the decision of the Administrative Authority in the administration of the County of Hawaii Plumbing Code involving any denial of the use of new or alternate materials, types of construction, equipment, fixtures, devices, or appliances, or any petition for varying the application of the Plumbing Code may be submitted to the Board of Appeals for hearing and determination as specified in Section 204, Uniform Building Code, as amended, under Section 6, Ordinance No. 510 of the Revised Ordinances of the County of Hawaii 1967, as amended." Sec. 22. AMENDING SEC. 406(a) OF THE PLUMBING CODE "(a) Each horizontal drainage pipe shall be provided with a cleanout at its upper terminal, and each run of piping which is more than fifty (50) feet in length shall be provided with a cleanout for each fifty (50) feet or fraction thereof, in length of such piping, and at each change in pipe size up to four (4) inches. "Exceptions: 111; Cleanouts may be omitted on each horizontal drainage pipe less than five (5) feet in length. "2. Cleanouts may be omitted on each drainage pipe installed on a slope of seventy-two (72) degrees or less from the vertical (angle or 1/5 bend). "3. Excepting the building drain and its horizontal branches, a cleanout shall not be required on any pipe or piping which is above the first floor of the building." Sec. 23. AMENDING SEC. 406(8) OF THE PLUMBING CODE "(g) Each cleanout shall be so installed so that there is a clearance of not less than eighteen (18) inches in front of the cleanout. When the floor of a building is within eighteen (18) inches off the ground, all cleanouts required in accordance with Section 406 shall be extended above the finished floor, or the cleanouts shall be extended outside of the building." Sec. 24. AMENDING SEC. 407(g) OF THE PLUMBING CODE "Sec. 407(g) is amended by adding at the end thereof: "For provisions covering the grade of building sewers, see Section 1106 (a)." 13-12 Sec. 25. AMENDING SEC. 604(a) OF THE PLUMBING CODE "Sec. 604(a) is amended by adding at the end thereof: "Installation of a funnel shaped receptacle as described in Section 609 or an air -gap fitting connection to a specially provided fixture trap to receive drips or condensate from air conditioning units may be installed in toilet and bathroom areas." Sec. 26. AMENDING SEC. 615(a) OF THE PLUMBING CODE "(a) Combination waste and vent systems shall be permitted where structural conditions preclude the installation of conven- tional systems as otherwise prescribed by this Code or wh,re such systems are more practical than the conventional systems and approved by the Administrative Authority." Sec. 27. AMENDING SEC. 703(b) OF THE PLUMBING CODE "(b) No slip joint on any trap shall be located below the level of the trap weir. Every union joint for a trap shall be located in the water seal of the trap, and every such union joint shall be ground metal to metal contact without the use of any washer, packing or other material to make a tight joint. Tubing traps may be connected to their trap arms by means of approved type ground joint, slip joint, or sweat type hexagonal fittings." Sec. 28. AMENDING SEC. 704 OF THE PLUMBING CODE "Sec. 704 -- Traps Prohibited "No form of trap which depends for its seal upon the action of movable parts or concealed interior partitions shall be used. Full "S" traps are prohibited. Bell traps are prohibited. Crown vented traps are prohibited. No fixture shall be double trapped. Drum traps may be installed only when permitted by the Administrative Authority for special conditions. No drum trap shall be installed without a vent except when permitted in writing by the Administrative Authority." 13-13 Sec. 29. AMENDING SEC. 906 OF THE PLUMBING CODE "Sec. 906 is amended by adding a new subsection (d) to read: "(d) Built -on-the-job fixtures - No bathtub or combination tub and shower shallbe constructed on the job unless designed to be sanitary lead -proof fixture adequately supported on its own foundation and when built above the ground, to be provided with approved lining as noted in Section 909(e)." Sec. 30. AMENDING SEC. 908(c) OF THE PLUMBING CODE "Sec. 908(c) is amended by adding an exception note immediately following the first paragraph to read: "Exception: Washdown pipe controlled by a loose key valve and provided with a vacuum breaker not less than five and one half (5 1/2) feet above the floor may be used in lieu of a flushing tank." Sec. 31. AMENDING SEC. 909 OF THE PLUMBING CODE "Sec. 909 is amended by amending the last sentence in the footnote to read: "Joints in lead and copper pans or linings may be soldered, burned or silver brazed." Sec. 32. AMENDING SEC. 1002(d) OF THE PLUMBING CODE "(d) No water piping supplied by any private water supply system shall be connected to any other source of supply without the approval of the State Department of Health, the Department of Water Supply, or other department having jurisdiction." Sec. 33. AMENDING SEC. 1003 OF THE PLUMBING CODE "Sec. 1003 is amended by adding a third paragraph at the end of Approval of Devices thereof to read: "All installations treating, handling, manufacturing or using liquids, chemicals, or waste products which may be pollu- 13-14 tional, dangerous to health or toxic, or having a non -potable auxiliary water supply shall obtain from the Board of Water Supply the requirements for an approval of the backflow pre- vention device to be installed between the building supply and the public water system. It shall be the duty of the person or persons having control of such devices to obtain from the Board of Water Supply the requirements for approved devices before preliminary plans, specifications, and drawings are prepared." Sec. 34. AMENDING SEC. 1004(a) OF THE PLUMBING CODE "(a) Water pipe and fittings shallbe of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized steel, or other approved materials. Asbestos -cement water pipe manufactured to recognized standards may be used for water distribution systems outside a building. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the Administrative Authority. See Section 1008(c) for protective coating required on galvanized ferrous piping." Sec. 35. AMENDING SEC. 1005(b) OF THE PLUMBING CODE "(b) A fullway gate valve controlling all outlets shall be installed on the discharge side of each water meter where no shutoff valve exists and on each unmetered water supply. Water piping supplying more than one building on any one premises shall be equipped with a separate fullway gate valve to each building, so arranged that the water supply can be turned on or off to any individual or separate building; provided however, that supply piping to a single family residence and building accessory thereto, may be controlled by one valve. Such shutoff valves shall be readily accessible at all times. A fullway valve shallbe installed 13-15 on the discharge piping from water supply tanks at or near the tank. A fullway valve shall be installed on the cold water supply pipe to each water heater at or near the water heater." Sec. 36. AMENDING SEC. 1006 OF THE PLUMBING CODE "Sec. 1006 -- Gravity Supply Tanks "(a) Gravity tanks for potable water shall be tightly covered, and have not less than sixteen (16) square inch over- flow screened with copper or plastic screen having not less than fourteen (14) nor more than eighteen (18) openings per linear inch. "(b) No gravity tank shall be directly connected to the City water line, but shall be provided with an over -the -rim - filler; the orifice or outlet of which must be elevated a distance of six (6) inches above the overflow. A drain shall be provided at the bottom of the tank." Sec. 37. AMENDING SEC. 1007 OF THE PLUMBING CODE "Sec. 1007(a) is amended by adding a new sentence at the end thereof to read: "Such tank and pump installations shall be in accordance with provisions of Sections 1002 and 1006 of this Code and with pertinent rules and regulations of the Health Officer, the Board of Water Supply or other department having jurisdiction. "{b) Where local water pressure is in excess of ninety (90) pounds per square inch, an approved type pressure regulator preceded by an adequate strainer shall be installed and the pressure reduced to ninety (90) pounds per square inch or less. For potable water services up to and including 1%" regulators, provision shall be made to prevent pressure on the building side of the regulator from exceeding main supply pressure. Approved regulators with integral by-passes are acceptable. Each such 13-16 regulator and strainer shall be accessibly located and shall have the strainer readily accessible for cleaning without removing the regulator or strainer body or disconnecting the supply piping." Sec. 38. AMENDING SEC. 1008 OF THE PLUMBING CODE "Sec. 1008(b) is amended by adding the following at the end, to read: "For water supply systems requiring the installation of cast iron pipe four (4) inches and larger, materials and construction shall be in accordance with the applicable standards used in the construction of Board of Water Supply's system." "Sec. 1008(c) is amended to read: "(c) Galvanized ferrous piping, when installed under any of the following conditions, shall have a protective coating which shall have been approved by the Administrative Authority as to type, as well as to the method of applying such protective coating; provided, however, for those fittings and short sections necessarily stripped for threading, a protective coating consisting of field wrapping similarly approved, as to type and application, shall be used: "(1) When installed under a concrete floor slab which is resting on the ground; provided, however, the requirement for protective coating shall only apply to that section of the piping which lies directly under such concrete floor slab. "(2) When installed underground at an elevation within five (5) feet above sea level. "(3) When installed underground and the soil resistivity at the site of such installation measures less than 4500 ohm -cm." 13-17 Sec. 39. AMENDING SEC. 1009 OF THE PLUMBING CODE "Sec. 1009(g) item (4) is amended to read: "(4) Pressure in the street main or other source of supply at the locality where the installation is to be made. Calculations shall be based on not to exceed ninety (90) p.s.i. pressure in the system. If the pressure is reduced into the property, the reduced pressure shall be used." "Sec. 1009(h) is amended by adding the following at the end of the first paragraph: "Meter and water service sizes shall be subject to approval of the Department of Water Supply under their rules and regula- tions." Sec. 40. AMENDING TABLE 10-1 OF THE PLUMBING CODE "Table 10-1 is amended by adding a footnote to read: "For supply outlets likely to impose continuous demands estimate continuous supply separately and add to total demand. For fixtures not listed, weights may be assumed by comparing the fixtures to a listed one using water in similar quantities at similar rates." Sec. 41. AMENDING TABLE 10-2 OF THE PLUMBING CODE "Table 10-2 is amended by adding a triple asterisk (***) to the column heading "Meter and Street Service" and adding a triple asterisk (***) footnote to read: "***Final sizes to be governed by rules and regulations of the Board of Water Supply." Sec. 42. AMENDING SEC. 1101 OF THE PLUMBING CODE "Sec. 1101 is amended by adding subsection (g) and (h) to read: "(g) It shall be unlawful for any person to connect to or to aid in, or to cause a connection to be made to, or to make 13-18 use of, the public sewer system of the County of Hawaii without first having filed an application in writing and having obtained the written approval of the Sewer Division, Department of Public Works and the Administrative Authority." "(h) Building sewer construction shall conform to the requirements for main line sewers as set forth in the Division of Sewers Standard Details, Department of Public Works, and the Sewer Ordinance of the County of Hawaii when either of the following conditions exist: "1. Where the Administrative Authority requires such construction because of the character or quantity of the sewage, or industrial waste to be discharged. "2. Where the sewer is designed to be, or it is apparent that it may be dedicated to the County of Hawaii at this or any future time." Sec. 43. AMENDING SEC. 1102(b) OF THE PLUMBING CODE "(b) No rain, surface of subsurface water shall be connected to or discharge into any drainage system." Sec. 44. AMENDING SEC. 1103(a) OF THE PLUMBING CODE "(a) The building sewer, beginning five (5) feet from any building or structure, shall be of such materials as may be approved by the Administrative Authority under the approval procedures set forth in Chapter 2 of this code." Sec. 45. AMENDING SEC. 1104 OF THE PLUMBING CODE Sec. 1104 is amended by deleting Sec. 1104 in its entirety. Sec. 46. AMENDING SEC. 1105 OF THE PLUMBING CODE "Sec. 1105 -- Size of Building Sewers 'The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by 13-19 such sewer, in accordance with Table 4-3; except that collection sewers under applicable conditions may be sized by recognized engineering design practices when approved by the Administrative Authority." Sec. 47. AMENDING SEC. 1106 OF THE PLUMBING CODE. "(a) Building sewers shall run in practical alignment and at a uniform slope of not less than one-fourth (1/4) of an inch perfoot toward the point of disposal; provided, that where it is impractical, due to the depth of the street sewer or to the structural features or to the arrangement of any building or structure, to obtain a slope of one-fourth (1/4) of an inch per foot, any such pipe or piping four (4) inches or larger may have a lesser slope when approved engineering methods have been used to design the system and when such a system has first been approved by the Administrative Authority. "(c) No building sewer or other drainage piping or part thereof, which is constructed of materials other than those approved for use under or within a building, shall be installed under or within five (5) feet of any building, or structure or part thereof, nor less than one (1) foot below the surface of the ground. The provisions of this subsection include structures such as porches and steps, whether covered or uncovered, breeze- ways, roofed portecccheres, roofed patios, car -ports, covered walks, covered driveways and similar structures or appurtenances." Sec. 48. AMENDING SEC. 1109 OF THE PLUMBING CODE "Sec. 1109 -- Drawings and Specifications "The Administrative Authority may require any or all of the following information before a permit is issued for a building sewer, or at any time during the construction thereof. 13-20 "(a) Plot plan drawn to scale completely dimensioned, showing direction and approximate slope of surface, location of all present or proposed retaining walls, drainage channels, water supply lines or wells, paved areas and structures on the plot, number of bedrooms or plumbing fixtures in each structure and location of the building sewer and private sewage disposal system, if any, or the location of the sewer lateral connection to the public sewer with relation to lot lines and structures. "(b) Details of construction necessary to assure compliance with the requirements of this chapter together with a full description of the complete installation including quality, kind and grade of all materials, equipment, construction work- manship and methods of assembly and installation." Sec. 49. AMENDING SEC. 1110 OF THE PLUMBING CODE "Sec. 1110 -- Location "No building sewer or private sewage disposal system or parts thereof shall be located in any lot other than the lot which is the site of the building or structure served by such sewer or private disposal system. Provided, however, a building sewer or private disposal system may be located on an abutting lot when specifically required by the Health Officer or other department having jurisdiction over sewage disposal and provided further that a legal easement over the abutting lot is first obtained and the plans are approved by the Administrative Authority." Sec. 50. AMENDING SEC. 1111 OF THE PLUMBING CODE "Sec. 1111 -- Private Sewage Disposal (General) "Where permitted by Sec. 1101, the building sewer or private sewer may be connected to a private sewage disposal system complying with the requirements of the Health Officer and all County of Hawaii regulations governing private sewage disposal systems." 13-21 Sec. 51. AMENDING SECS. 1112 and 1118 OF THE PLUMBING CODE Secs. 1112 and 1118 is amended by deleting Secs. 1112 and 1118 in its entirety. Sec. 52. AMENDING SEC. 1119 OF THE PLUMBING CODE "Sec. 1119 -- Abandoned Sewers and Sewage Disposal Facilities "(a) Every abandoned building (house) sewer or part thereof shall be plugged or capped in an approved manner. "(b) Every private sewage disposal system which has been abandoned or has been discontinued otherwise from further use or to which no waste or soil pipe from a plumbing fixture is connected shall be disposed of in accordance with regulations of the Department of Health, State of Hawaii." Sec. 53. AMENDING TABLES 11-1, 11-2, and 11-3 OF THE PLUMBING CODE Tables 11-1, 11-2, and 11-3 appearing at the end of the chapter is amended by deleting them in their entirety. Sec. 54. AMENDING SEC. 1202 OF THE PLUMBING CODE "For the purposes of this code, certain terms, phrases, words and their derivatives shall be interpreted as set forth in this section provided, however, that whenever the words "Gas Meters" appear they shall be construed to also mean valves and those devices .required for the regulation of pressure and the measurement of LPG gas being dispensed for any building, structure or premises." "Sec. 1202 is amended by adding subsection (f) to read: "(f) Gas Appliances: All appliances in which gas is or may be used as a fuel." Sec. 55. AMENDING SEC. 1203(a) OF THE PLUMBING CODE "(a) It shall be unlawful for any;person to install, alter or repair or cause to be installed, altered or repaired 13-22 any gas piping or to install and connect any gas appliances, without first obtaining a permit from the Administrative Authority so to do, provided, however, no permit shall be required by a public utility to perform the following work: "(1) Disconnect defective gas piping or equipment when authorized by Section 1209. "(2) Disconnect or reconnect existing gas piping or equipment for repair, servicing, replacement or removal.." Sec. 56. AMENDING SEC. 1206 OF THE PLUMBING CODE "Sec. 1206(a) is amended to read: "(a) Upon completion of the installation, alteration or repair of any gas piping or the installation or connection of any gas appliances, and prior to the use thereof, the Adminis- trative Authority shall be notified that such gas piping or gas appliance installation is ready for inspection." "Sec. 1206(c), item (2) is amended by adding at the end of subsection (c) item (2) to read: "The Administrative Authority may accept the use of any testing apparatus which has been approved by a nationally recognized testing laboratory in lieu of the foregoing air pressure test." "Sec. 1206(c) is amended by adding at the end of subsection (c) a new item (3) to read: "(3) Gas Appliance Installation Inspection: "This inspection shall be made after all gas piping in the system as authorized has been inspected and approved and the connections of such gas fixtures and appliances as authorized by permit have been made to the piping system. This inspection shall include a soap solution test or other approved testing method of detecting any gas leakage occurring in the connection 13-23 or attachment and shall include a determination that the installation meets the requirements and intent of this Code." Sec. 57. AMENDING SEC. 1207 OF THE PLUMBING CODE Sec. 1207 is amended by deleting Sec. 1207 in its entirety. Sec. 58. AMENDING SEC. 1208(a) OF THE PLUMBING CODE "(a) It shall be unlawful for any person, except person representing a public utility supplying gas to the public or an authorized distributer of LPG fuel to turn on gas at the gas meter and/or source of supply." Sec. 59. AMENDING SEC. 1211(a) OF THE PLUMBING CODE "(a) All gas meter locations shall be approved by the supplier. All such locations shall conform to state and local fire regulations." Sec. 60. AMENDING SEC. 1212 OF THE PLUMBING CODE "Sec. 1212 -- Material for Gas Piping "(a) Pipe: All pipe used for the installation, extension, alteration, or repair of any gas piping shall be standard weight wrought iron or steel (galvanized or black), threaded copper or brass pipe. Threaded copper or brass pipe is restricted to above ground use only. "(b) Tubing: Seamless copper, aluminium alloy, brass or steel tubing may be used in lieu of pipe listed in subsection (a) for above ground installations only and shall not be installed in concealed spaces. Copper tubing shall be of type K or L, or equivalent, having a minimum wall thickness of 0.032 inch. Aluminum alloy shall not be used in exterior locations or where it is in contact with masonry, plaster or building insulation or is subject to corrosive wettings. 13-24 "(c) All such pipe or tubing shall be either new, or shall previously have been used for no other purpose than conveying gas; it shall be in good condition and free from internal obstructions. Burred ends shall be reamed to the full bore of the pipe or tubing. "(d) Fittings, except stopcocks or valves, shall be malleable iron or steel or wrought iron, and shall be copper or brass when used with copper or brass pipe or tubing and shall be aluminum alloy when used with aluminum alloy pipe or tubing. "(e) Valves: All valves and appurtenances used in connection with the above piping shall be of the type designed and approved for use with fuel gas." Sec. 61. AMENDING SEC. 1213 OF THE PLUMBING CODE "Sec. 1213(a) is amended to read: "(a) All pipe joints in the piping system, unless welded, shall be screwed joints, having approved standard threads. Such screwed joints shall be made up with approved pipe joint material, insoluble in the presence of fuel gas and applied to the male threads only. Tubing joints shall either be made with approved flared gas tubing fittings, or be soldered or brazed with a material having a melting point in excess of 1,0000F." "Sec. 1213(b) is amended by amending the last paragraph of subsection (b) to read: "Exception: When the installation of low pressure gas piping underground beneath buildings is unavoidable, the installation will be permitted if the piping is encased in a conduit in accordance with National Fire Protection Association (NFPA) Standard No. 54, Installation of Gas Appliances and Gas Piping, Section 2.9.5. The conduit shall extend into a normally usable 13-25 and accessible portion of the building and, at the point where the conduit terminates in the building, the space between the conduit and the gas piping shall be sealed to prevent the entrance of any gas which may leak from the pipe in the conduit. The conduit shall extend at least four inches outside the building, be vented above grade to the outside and be installed so as to prevent the entrance of water. "Buried piping under the building can also be avoided by providing a channel in the floor for the piping and a cover for the channel. "No medium pressure gas piping shall be permitted under- ground beneath any building." Sec. 1213(c) is amended by deleting Sec. 1213(c) in its entirety. Sec. 62. AMENDING TABLE 12-1 OF THE PLUMBING CODE "Table 12-1 Demand of Typical Domestic Gas Appliances In Cubic Feet Per Hour LPG Gas Domestic Full Size Range . . . . . . . . . . . . . . . . 32 Domestic Apt. Size Range . . . . . . . . . . . . . . 29 Domestic Recessed Oven Section . . . . . . . . . . . . . 8 Domestic Surface Unit. . . . . . 16 Domestic Storage Water Heater Up to 30 Gal. . . . . . . 14 Domestic Storage Water Heater 40 to 50 Gal. . . . . . . 18 Domestic Clothes Dryer . . . . . . . . . . . . . . . . . 16 Domestic Barbecue . . . . . . . . . . . . . . . . . . . 12 Gas Refrigerator . . . . . . . . . . . . . . . . . . . . 2 Gas Luau Torch . . . . . . . . . . . . . . . . . . . . . 7" 13-26 Sec. 63. AMENDING TABLE 12-3 OF THE PLUMBING CODE "Table 12-3 is amended by adding at the bottom the following: "For liquefied petroleum gas (propane) multiply the capacity shown in the table by 1.50." Sec. 64. AMENDING SEC. 1215(1) OF THE PLUMBING CODE "(i) Discharge from relief valves shall conform to regulations of the State Public Utilities Commission." Sec. 65. AMENDING SEC. 1218 OF THE PLUMBING CODE "Sec. 1218(a) is amended by amending subsection (a) to read: "(a) The following regulations as set forth in this Section and in Section 1219 "Required Gas Piping Size" shall be the standard for the installation of gas piping in single domestic units. Gas piping size for commercial, industrial and multiple units must be checked and approved by the Administrative Authority. These regulations are based on the use of Liquefied Petroleum Gas having a heating value of 2500 BTU and specific gravity of 1.52 supplied at approximately eleven (11) inches water column pressure at the outlet of the meter and/or regulator." "Sec. 1218(d) is amended by amending the second paragraph of subsection (d) to read: "The minimum size of any piping outlet shall be one-half NO inch for a recessed over section, a recessed top section, or for a free standing range using L.P.G." Sec. 66. AMENDING SEC. 1219 OF THE PLUMBING CODE "Sec. 1219(a) is amended by amending subsection (a) to read: "(a) Where the maximum demand does not exceed two hundred fifty (250) cubic feet per hour and the maximum length of piping between the meter and the most distant outlet is not over two hundred fifty (250) feet, the size of each section and each 13-27 outlet of any system of gas piping shall be determined by means of Table 12-4. Other systems within the range of Table 12-4 may be sized from the table or by means of the methods set forth in subsection (c) of this section." "Sec. 1219(b) is amended by amending subsection (b) to read: "(b) To determine the size of each section of pipe in any system within the range of Table 12-4, proceed as follows: "(1) Calculate the gas demand in cubic feet per hour of the appliance to be attached to each outlet. "(2) Measure the length of piping from the gas meter or service regulator to the most remote outlet in the system. "(3) In Table 12-4 select the column showing that distance, or the next longer distance if the Table does not give the exact length. This is the only column used in determining the size of any section of gas piping in this system. "(4) Use this vertical column to locate all gas demand figures for this particular system of gas piping. "(5) Starting at the most remote outlet, find in the vertical column just selected, the gas demand for that outlet. If the exact figure of demand is not shown, choose the next larger figure below in the same column. "(6) To the extreme left of this demand figure in Table 12-4 will be found the correct size of pipe. "(7) Proceed in a similar manner for each outlet and each section of pipe. For each section of pipe determine the total gas demand supplied by that section." 13-28 "Sec. 1219(c) is amended to read: "(c) For conditions other than those covered by subsection (a) of this section, such as commercial, industrial and multiple units which require longer runs or greater gas demands, the size of each gas piping system shall be determined by standard engineering methods acceptable to the Administrative Authority." "Sec. 1219(d) is amended to read: "(d) Where gas of a different specific gravity is to be delivered, or where the pressure may be higher than fourteen (14) inches or lower than four (4) inches of water column, or when diversity demand factors are used, the design, pipe sizing, materials, location and use of such systems shall first be approved by the Administrative Authority and the Gas Utility supplying the gas." "Sec. 1219(d) is amended by amending the paragraph under "NOTE" to read: "NOTE: See Appendix F for specific requirements. Gas piping systems conveying LPG gas at pressure of three (3) or five (5) P.S.I.G. may be sized in accordance with Tables contained in Appendix F." "Table 12-2 is amended by deleting Table 12-2 in its entirety. Sec. 67. AMENDING SEC. 1301 OF THE PLUMBING CODE "Sec. 1301 is amended by adding the following: "Provisions in NFPA (National Fire Protection Association) Standard No. 211-1970; Fireplaces, and Venting Systems, and Part V, Venting of Appliances in NFPA Standard No. 54-1969, Installation of Gas Appliances and Gas Piping, may be used in lieu of provisions in this chapter covering the same subject and as guidelines for design, construction and workmanship." 13-29 Sec. 68. AMENDING SEC. 1305 OF THE PLUMBING CODE "Sec. 1305 is amended by adding subsection (d) to read: "(d) An approved method shall be provided to prevent siphoning in any water heater, hot water boiler, hot water tank and hot water system." Sec. 69. AMENDING SEC. 1306 OF THE PLUMBING CODE "Sec. 1306 is amended by adding subsection (c) to read: "(c) An approved method shall be provided to prevent siphoning in any water heater, hot water boiler, hot water tank and hot water system." Sec. 70. AMENDING SEC. 1310(a) OF THE PLUMBING CODE "(a) Appliances generating a glow, spark or flame capable of igniting flammable vapors may be installed in a residential garage provided the pilots and burner, heating elements, or electrical motors and switches, are at least eighteen (18) inches above the floor level. "Exception: Carports, ad defined by the Building Code of the County of Hawaii, having 100% opening on one side and 50% net opening on another side or the equivalent of such openings on two or more sides, provided the adjacent ground level is at or below the floor level of the carport." Sec. 71. AMENDING SEC. 1312 OF THE PLUMBING CODE "Sec. 1312 is amended by adding subsections (i) and (j) to read: "(i) Listed gas fired water heaters need not be provided with a vent extended through the roof of the building (or enclosure) when installed outside the exterior walls of the building unenclosed, or in enclosures with adequate openings near the top, except that an approved vent cap shall be provided. 13-30 Vents connected to such water heaters shall terminate no closer than a multiple of twelve (12) inches for each 50,000 BTU per hour, or less, input to the water heater up to a maximum required distance of four (4) feet to any building opening, nor closer than one (1) foot above such opening. Protection of such water heaters from the weather shall be provided either by the appliance design itself or by an approved enclosure, when climatic or safety conditions warrant. "(j) Listed gas fired water heaters need not be provided with a vent to the exterior when installed in a parking garage under the following conditions: "(1) Such a garage shall comply with the open parking garage provisions of the Building Code. "(2) Floor mounted heaters shall be installed so that the bottom of the combustion chamber is at least eighteen (18) inches above the floor and outside grade level. "(3) Heaters shall be protected against mechanical damage as provided in Section 1310(c). "(4) An acceptable vent cap shall be provided. "(5) When location of the heater may result in unsatisfactory dispersions of combustion products, venting by means of a mechanical draft system to the exterior wall line or to other approved point of termination shall be provided. "(6) Installation of heaters under these provisions shall be approved by the Administrative Authority and Gas Utility." Sec. 72. AMENDING THE APPENDICES OF THE PLUMBING CODE "Appendices C, D, E and G are amended by deleting them in their entirety. 13-31 Sec. 73. AMENDING APPENDIX F OF THE PLUMBING CODE "Sec. F 6 is amended by amending the first sentence of Sec. F 6 to read: "Approved engineering methods or Table F 1 and F 2, when corrected for the specific gravity of the gas utilized, may be used to size gas piping systems carrying three (3) or five (5) psi gas." "Sec. F 8 is amended to read: "Buried medium pressure gas piping shall be protected from corrosion as required by Chapter 12 and shall have a minimum earth cover of twelve (12) inches. 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VWPo"lu "w g�mn I ;.rk 'lliwmM u�I v MN'^aM dl ,•53 J I ^yu vg• IMF CA Cho Pod l l IIN; �I�14 rL 1 " , r µ' �� N l C44, 9; I I n :3 LnP �^ n�� IIS �wvim i� �d ��Imm �yI ' ;,•,,.. " F 1 YI1 BI,¢ i"q^ � "r'IvI II yN 4�mR+,r� ��.•, 1,1, :51 �' ' �0 'kn, ] n� :^w , mm� � � ��p " �� '?'' Of Ij�"^'Mtllf �,"�gki�J'IN xwWl l�M} _ "wrol� WI�',s f�l;�r �M^m IM p 'Wur�Ii' �� NNX„+�, �5.r,�� •T II ^�mYmM' +G w4V ni fill , " FniwwiQ r"�I Nip"4, 'nl 91i � "�• dft4rmuel "V ' dP'I"m'�" 1 'd l 110 + ism Imo' IIIM ,; a � , a "."r *wl' y�+m ' 4R"'."_.... ""AWS'' 911 I0 ry Y"� r� 13 Ipm a'M NYAu , IM L�mmJn e P 01 .c- q "m*ad 1 0 rafkr M ^ vMM1 0, P, fiixr " P + N PJ,, fiw kmv "' M y�I ''�y m. NM AIH rill ll B H g� �I�o Ra" mdN '"I NR uW, ;;;M °'M•s IV A cji yyN" a awrv,wbµ 44 "m•4Y ,. l N'M r... " r�V Ww�F" � p � y Nr.,,, MI uH2Y nvl��'a, y y. M"- "Awm�l V "' 'II �rrnAry. a, I 1 ; p r lI �y �r V fl kd W,�rdp ,,. Un" q��W �MIRy, M ",Mm�.Wn' n Co M��,.d�p "FI n per'^ I�',u FM �i� pMW�I'"w'J , lo^ �; IM¶, 'Wn�y I N'N ;.a,. r •.qq " h , ,M; n rw X `FSI p ,wWI�W"ppN 1 lMn+ . ' +, '14 'V F'I t, I �� flY M" �1 ��9 a .., wa; r�l �'°'' '�" r f"i, l �. w v p "per I""nN rR •&• Iy+�w'"w" Mu nuy � bI`'• �I ." N fr+ fl �, r M 011 A3 m m'"mm""N'. 'I, K p ^ m. ym,v �"''u y,,.,'�f; �r I r ix' �r C D 1r) AWm �pp�yyqu 'pi �' 9F,��y1 t 1I,w '4�oF mj 1 ,t„r ,011 101,(M I 'Mli W ,. 'MmudINV Wv 1Ma q1 qlu N4gr rma� Ie Illy, d Z1110 0-114 0Ml w. uV INr'^wa ,., I �0 �'. ,l Mlry 6Iwo ,uuaA vmw'NI MIIFfl�' :u ev " ry ,Ff�Mi IF i�r k, CHAPTER 15 CHAPTER 15 UNIFORM BUILDING CODE, 1973 EDITION REFER TO ORDINANCE N0, 93 WAIMEA-KAWAIHAE COMMUNITY ASSOCIATION P.O. Box 518 KAMUELA, HAWAII 96743 July 19, 1975 Honorable Herbert Matayoshi, Mayor County of Hawaii 25 Aupuni Street Hilo. Hawaii. 96720 Dear Mayor Matayoshi: Your County Council has been intelligently aware cf the air service needs to and through the Waimea-Kohala Airport, and has been most helpful in our effort to maintain a satisfactory flight schedule here. Recently our Community Association, County Councilman Ikuo Hisaoka and others were assured by Hawaiian Airlines executives that Hawaiian Airlines plans continuing service and by improved schedules after Labor Day, when new schedules will be printed and distributed. One matter they reasonably point out is the severe aircraft payload limitation imposed on their aircraft at this elevation by the short runway here, saying that an extension of less than 1,0000 feet added to the existing strip would increase DC 9 and successor aircraft payloads by over 50%. Such an extension would make air service to this important North Hawaii community more economical and more attractive £Or expansion. The enclosed letter to Governor George Ariyoshi refers, and we will indeed appreciate your affirmative support for our reasonable re- quest. Yours very truly, /s/ Richard Penhallow, President Waimea-Kawaihae Community Association. Copy: Mr. Robert M. Yamada Chairman and Presiding Officer Hawaii County Council Mr. John A. Magoon Jr., President Hawaiian Airlines. CON,M. NO. _151 3. /. -- To: FkDLC CHAPTER 15 BUILDING CODE Page Article1 . ................................................. 15-1 Adoption of Uniform Building Code Sec. 1. The Uniform Building Code ............... 15-1 Article2 . .................................................. 15-2 Amending the Building Code Sec. 1. Amending Sec. 103 of the Building Code... 15-2 Sec. 2, Amending Sec. 104(a) of the Building Code 15-2 Sec. 3. Amending S,c. 105 0£ the Building Code... 15-2 Sec. 4. Amending Sec. 203 of the Building Code... 15-3 Sec. 5. Amending Sec. 204 of the Building Code... 15-5 Sec. 6. Amending Sec. 205 of the Building Code... 15-7 Sec. 7. Adding Sec. 206 to the Building Code 15-8 Sec. 8. Amending Sec. 301(a) of the Building Code 15-8 Sec. 9. Amending Sec. 301(c) of the Building Code 15-10 Sec. 10. Amending Sec. 302(a) of the Building Code 15-11 Sec. 11, Amending Sec. 302(d )) of the Building Code 15-11 Sec. 12. Amending Sec. 303(b) of the Building Code 15-12 Sec. 13. Amending Table No. 3-A of the Building Code 15-12 $ec. 14. Amending Sec. 304(b) and (c) of the Building Code Sec. 15. Amending Sec. 403 of the Building Code.. 15-13 Sec. 16. Amending Sec. 404 of the Building Code „ 15-14 Sec. 17. Amending Sec. 407 of the Building Code ., 15-14 Sec. 18. Amending Sec. 417 of the Building Code „ 15-15 Sec. 19. Amending Sec. 420 of the Building Code.. 15-15 Sec. 20. Amending Sec. 504(a) of the Building Code 15-15 Sec. 21. Adding Sec. 511 to the Building Code,,,,, 15-16 Sec. 22. Adding Sec. 512 to the Building Code 15-16 Sec. 23. Amending Sec. 605 of the Building Code.. 15-17 Sec. 24. Amending Sec. 802(b) of the Building Code 15-17 Sec. 25. Amending Sec. 805 of the Building Code.. 15-18 Sec. 26. Amending Sec. 811 of the Building Code,. 15-18 Sec. 27. Amending Sec. 909 of the Building Code.. 15-18 Sec. 28. Amending Sec. 1005 of the Building Code, 15-19 Sec. 29. Amending Sec. 1105 of the Building Code, 15-19 Sec. 30. Amending Sec. 1109SSb)) of the Building Code 15-19 Sec. 31, Amending Sec. 11091k) of the Building Code 15-19 Sec. 32. Amending Sec. 1205 0£ the Building Code, 15-20 Sec. 33. Amending Sec. 1303 of the Building Code 15-20 Sec. 34. Amending Sec. 1304 of the Building Code, 15-20 Sec. 35. Amending Sec. 1305 of the Building Code 15-21 Sec. 36. Amending Sec. 1306 of the Building Code, 15-21 Sec. 37. Amending Sec. 1307 of the Building Code, 15-21 Sec. 38. Amending Sec. 1308 of the Building Code, 15-21 Sec. 39. Deleting Sec. 1311 0£ the Building Code, 15-21 Sec. 40. Amending Sec. 1313 of the Building Code, 15-21 Sec. 41, Amending Sec. 1405 of the Building Code, 15-24 Sec. 42. Amending Sec. 1406 of the Building Code 15-24 15-i 15 -ii Page Sec. 43. Amending Sec. 1407 of the Building Code ... 15-24 Sec. 44. Deleting Sec. 1410 of the Building Code... 15-24 Sec. 45. Amending Sec. 1412 of the Building Code ... 15-24 Sec. 46. Amending Sec. 1502 of the Building Code... 15-24 Sec. 47. Amending Sec. 1504 of the Building Code... 15-25 Sec. 48. Amending Sec. 1506 of the Building Code... 15-25 Sec. 49. Amending Sec. 1601(a) of the BuildinCode 15-25 Sec. 50. AmendingSec. 1706(a) of the BuildingCode 15-26 Sec. 51, Amending Sec. 1707 of the Building Code... 15-27 Sec. 52. Amending Sec. 1712 of the Building Code... 15-27 Sec. 53. Amending Sec. 1714 of the Building Code... 15-27 Sec. 54. Adding Sec. 1715 to the Building Code ••••• 15-28 Sec. 55. Amending Sec. 2007(e) of the Building Code 15-28 Sec. 56. Amending Sec. 2103(b of the Building Code 15-28 Sec. 57, Amending Sec. 22030 of the Building Code 15-29 Sec. 58. Adding Sec. 2205 to the Building Code ..... 15-29 Sec. 59. Amending Sec. 2302 of the Building Code . 15-30 Sec. 60. Amending Table No. 23-E of the Building Code 15-30 Sec. 61. Amending Sec. 2305(e) of the Building Code 15-30 Sec. 62, Amending Sec. 2308(h of the Building Code 15-30 Sec. 63. Amending Sec. 2409(c of the Building Code 15-31 Sec. 64. Amending Table No, 24-H of the Building Code 15-31 Sec. 65. Amending Sec. 2517(c) of the Building Code 15-31 Sec. 66. Adding Sec. 2519 to the Building Code..... 15-31 Sec. 67. Amending Sec. 2605(e) of the Building Code 15-32 Sec. 68. Amending Sec. 2908 a) of the Building Code 15-33 Sec. 69. Amending Sec. 3203 d) 7 of the Building Code15-34 Sec. 70. Amending Sec. 3203(d) 8 of the Building Code15-34 Sec. 71. Amending Sec. 3207(e) of the Building Code 15-34 Sec. 72. Amending Sec. 3302 a of the Building Code 15-34 Sec. 73. Amending Sec. 3303 b of the Building Code 15-35 Sec. 74. Amending Sec. 3304 a of the Building Code 15-36 Sec. 75. Amending Sec. 3304 f of the Building Code 15-36 Sec. 76. Amending Sec. 3304 g and (h) of the Building Code Sec. 77. Amending Sec. 3305 i of the Building Code 15-37 Sec. 78. Amending Sec. 3305 m of the Building Code 15-37 Sec. 79. Amending Sec. 3309 g and (h) of the Building Code Sec. 80. Amending Sec. 3317 a of the Building Code 15-42 Sec. 81. Amending Sec. 3317.h of the Building Code 15-42 Sec. 82. Amending Sec. 3318(c of the Building Code 15-42 Sec. 83. Amending Sec. 3401 of the Building Code... 15-42 Sec. 84. Amending Sec. 3801(a) of the Building Code 15-43 Sec. 85. Amending Sec. 3802(b) of the Building Code 15-43 Sec. 86. Amending Sec. 3803(d) of the Building Code 15-43 Sec. 87. Amending Sec. 3804(d) of the Building Code 15-44 Sec. 88. Amending Sec. 3805(a), (b) and (d) of the Building Code .......................... 15-45 Sec. 89. Amending Sec. 3806 of the Building Code . 15-45 Sec. 90. Amending Sec. 3906(b) of the Building Code 15-45 Sec. 91. Amending Sec. 4005 of the Building Code 15-46 Sec. 92. Amending Sec. 4305 of the Building Code 15-46 Sec. 93. Deleting Sec. 4502 of the Building Code 15-46 Sec. 94. Deleting Sec. 4503 of the Building Code 15-46 Sec. 95. Amending Sec. 4504 of the Building Code 15-46 Sec. 96. Amending Sec. 4505 of the Building Code 15-47 Sec. 97. Amending Sec. 4506(b) of the Building Code 15-47 Sec. 98. Amending Sec. 4506 c) of the Building Code 15-48 Sec. 99. Amending Sec. 4507 of the Building Code .. 15-48 15 -ii Cultural and Historic Sites Sec. 1. Legislative Findings ..................... 15-57 Sec. 2. Suspension of Permits ............••.••••• 15-57 Article 4 . ................................................... 15-62 Establishment of Fire Zones Sec. 1. Designation of Fire Zones ................. 15-62 Sec. 2. Fire Zone One ............................. Page Sec. 100. Adding Chapter 49 to the Building Code.... 15-48 Sec. 101. Amending Sec. 5205(a) of the Building Code 15-49 Sec. 102. Amending Sec. 5304 of the Building Code .. 15-50 Sec. 103. Amending Sec. 5402 of the Building Code .. 15-50 Sec. 104. Amending Sec. 5405 0£ the Building Code .. 15-50 Sec. 105. Amending Table No. 54-C of the Building Code 15-50 Sec. 106. Adding Chapter 57 to the Building Code ... 15-51 Sec. 107. Amending Sec. 6002 of the Building Code .. 15-51 Sec. 108. Adding Chapter 61 to the Building Code ... 15-51 Sec. 109. Adding Chapter 62 to the Building Code ... 15-53 Article3 . ................................................... 15-57 Cultural and Historic Sites Sec. 1. Legislative Findings ..................... 15-57 Sec. 2. Suspension of Permits ............••.••••• 15-57 Article 4 . ................................................... 15-62 Establishment of Fire Zones Sec. 1. Designation of Fire Zones ................. 15-62 Sec. 2. Fire Zone One ............................. 15-62 Sec. 3. Fire Zone Two ............................. 15-62 Sec. 4. Fire Zone Three .......................... 15-63 Article 5 . ................................................... 15-64 Drainage and Flood Control 15-64 Sec. 1. Legislative Findings and Declaration of Intent Sec. 2. Definitions.... * ......................... 15-64 Sec. 3. Requirements for Building Permit ......... 15-65 15 -iii CHAPTER 15 BUILDING CODE ARTICLE 1. Adoption of Uniform Building Code Sec. 1. THE UNIFORM BUILDING CODE The "Uniform Building Code, 1970 Edition, Volume I," as copyrighted and published in 1970 by the International Conference of Building Officials, 5360 South Workman Road, Whittier, California 90601, is in pursuance to Chapter 62-39, Hawaii Revised Statutes, by reference incorporated herein and made a part hereof, subject to the following amendments. Wherever the word "state" or "city" is used in the "Uniform Building Code, 1967 Edition, Volume I," it shall mean the "County of Hawaii." 15-1 ARTICLE 2. Amending the Building Code Sec. 1. AMENDING SEC. 103 OF THE BUILDING CODE Sec. 103 is amended by adding thereto a fifth paragraph to read as follows: "Wherever in this Code reference is made to the Mechanical Code, the provisions in the Mechanical Code shall be deemed only guides and not mandatory." Sec. 2. AMENDING SEC. 104(a) OF THE BUILDING CODE. "Sec. 104. (a) General. Buildings or structures to which additions, alterations, or repairs are made shall comply with all the requirements for new buildings or structures except as specifically provided in this section; provided, however, that when any portion of a building is cut or altered by necessity because of taking for public use through condemnation proceedings or otherwise, it shall be lawful to repair the remaining portion with the same class of materials as had been previously used therein, provided, further, that such repairs shall serve only to make the remaining portion of the building whole and not to add thereto." Sec. 3. AMENDING SEC. 105 OF THE BUILDING CODE "Sec. 105. Buildings or structures moved into or within the city shall comply with the provisions of this Code for new buildings or structures, except in Fire Zone No. 3 where non -conforming buildings or structures may be moved, provided the conditions of the building moved is considered safe by the Building Official. See Section 1601(c) for requirements on fire zones." 15-2 Sec. 4. AMENDING SEC. 203 OF THE BUILDING CODE "Sec. 203. Unsafe Buildings. (a) General. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, or abandonment, as specified in this Code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Subsections (b), (c), (d), and (e) of this section. "(b) Notice to Owner. The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe building as defined in this Section, the Building Official shall give to the owner of such building or structure written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises, within 48 hours, to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof, and all such work shall be completed within 90 days from date of notice, unless otherwise stipulated by the Building Official. If necessary, such notice also shall require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the Building Official. 15-3 "Proper service of such notice shall be by personal service upon the owner of record,if he shall be found within the city limits. If he is not found within the city limits, such service may be made upon said owner by registered mail or certified mail, provided, that if such notice is by registered mail or certified mail, the designated period within which said owner or person in charge is required to comply with the order of the Building Official shall begin as of the date he receives such notice. "(c) Posting of Signs. The Building Official shall cause to be posted at each entrance to such building a notice to read: 'DO NOT ENTER. UNSAFE TO OCCUPY. DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAII.' Such notice shall remain posted until the required repairs, demolition, or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building. "(d) Right to Demolish. In case the owner shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove said building or structure or portion thereof, the County Council may order the owner of the building prosecuted as a violator of the provisions of this Code and may order the Building Official to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the County Council, who shall cause the same to be paid and levied as a special assessment against the property. 15-4 "(e) Costs. Costs incurred under Subsection (d) shall be paid out of the County Treasury. Such costs shall be charged to the owner of the premises involved as a special assessment on the land on which the building or structure is located, and shall be collected in the manner provided for special assessments. "(f) Nothing contained herein shall be construed to limit or restrict the Building Official from instituting, on behalf of the County, any other legal or equitable proceedings, in addition to those specified herein, to obtain compliance with the notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof." Sec. 5. AMENDING SEC. 204 OF THE BUILDING CODE "Sec. 204. Board of Appeals. (a) Creation. There shall and is hereby created a Board of Appeals, hereinafter called the Board, consisting of seven members who shall be qualified by experience and training to pass upon matters pertaining to building construction and who are appointed by the Mayor. Two members shall be currently registered as an engineer or architect with the State of Hawaii Board of Registration of Professional Engineers, Architects, Land Surveyors and Landscape Arthitects. One member shall be qualified by experience and training to pass upon matters pertaining to electrical work. One member shall be qualified by experience and training to pass upon matters pertaining to plumbing work. The Building Official shall serve as an ex -officio member and act as secretary to the Board. The members shall serve for a term of four years and until their successors have been appointed and qualified. Initially, four members of the Board shall be appointed for a term of two years and three members shall be appointed for a term of four years. Vacancy shall 15.5 be filled by appointment for the remainder of the term. The Board shall select its Chairman and Vice Chairman. "(b) Status of the existing Building Board of Appeals Members. The term of office of the five members on the existing Board of Appeals shall remain unchanged. "(c) Quorum. A majority of the entire membership shall constitute a quorum and the affirmative vote of a majority of the entire membership shall be necessary to take action. "(d) Powers and Duties. The Board shall: "(1) Hear and determine appeals from the decisions of the Building Official in the administration of the County of Hawaii Building Code, Electrical Code and Plumbing Code, involving any denial of the use of new or alternate materials, types of construction, equipment, devices, or appliances. "In the case of any denial of the use of new or alternate materials, types of construction, equipment, devices, or appliances, an appeal may be sustained if the record shows (i) that such new or alternate materials, types of construction, equipment, devices, or appliances meet the required standards established by the Codes being appealed from, (ii) that permitting the use thereof will not jeopardize life, limb or property, and (iii) that such use will not be contrary to the intent and purpose of the Code being appealed from. In such appeals the appellant shall pay all expenses necessary for tests which may be ordered by the Board. "The Board may reverse, affirm or modify, wholly or partly, the decision appealed from. 15-6 "(2) Hear and determine petitions for varying the application of the Building Code, Electrical Code and Plumbing Code. A variance may be granted if the Board finds (i) that the strict application, operation or engorcement of the Code being appealed from would result in practical difficulty or unnecessary hardship, (ii) that safety to life, limb and property will not be Jeopardized, and (iii) that the granting of a variance would not be iniurious to the adjoining lots and th, buildings thereon, would not create additional fire hazards, and would not be contrary to the purpose of the Code and the public interest. In making its determination, the Board shall take into account the character, use and type of occupancy and construction of adjoining buildings, buildings on adjoining lots and the building involved. "(e) Procedure. The proceedings of the Board shall be subject to the provisions of Chapter 91, Hawaii Revised Statutes, as amended. The Board shall adopt reasonable rules and regulations for conducting its meetings, hearings, and investigations in conformity therewith and may impose reasonable fees to cover the costs of such proceedings." Sec. 6. AMENDING SEC. 205 OF THE BUILDING CODE Sec. 205 is amended by amending paragraph 2 to read as follows: "Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $300. Each separate day or any portion thereof during which any violation of this Code 15-7 occurs or continues shall be deemed to constitute a separate offense and upon conviction thereof shall be punishable as herein provided. Sec. 7. ADDING SEC. 206 TO THE BUILDING CODE "Sec. 206. Any provisions of this Code to the contrary notwithstanding, the following shall be at all times in full force and effect, and in case of conflicting requirements, the stricter shall be complied with: "Hawaii Revised Statutes "Ordinance of the County of Hawaii "Subdivision rules and regulations adopted pursuant to the subdivision ordinance "Rules and Regulations of the Department of Water Supply, County of Hawaii "Public Health Regulations, Department of Health, State of Hawaii "Rules and Regulations of the Fire Marshal, State of Hawaii "Airport Zoning Regulations of the Director of Transportation, State of Hawaii" Sec. 8. AMENDING SEC. 301(a) OF THE BUILDING CODE "(a) Permits Required. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the County, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official, provided that one permit may be obtained for a dwelling and its accessories, such as fence, wall, pool, and garage without living quarter. 15-8 "EXCEPTIONS: PERMIT NOT REQUIRED FOR: 111. Work excepted under Section 103. "2. Temporary construction sheds used exclusively for storage of materials, supplies and equipment during construction and temporary construction fences. "3. Reroofing work for Groups I and J Occupancies in Fire District No. 3. "4. Temporary tents or other coverings used for private family parties or for camping. "5. Home television and radio antennas supported on roofs. "6. Awnings projecting up to four feet and attached to the exterior walls of buildings of Group I or J Occupancy, provided such awnings do not violate the provisions for 'yards' in the Comprehensive Zoning Ordinance. "7. Standard electroliers not over 35 feet in height above finish grade. "8. Repairs which involve only the replacement of component parts or existing work with similar materials for the purpose of maintenance, and which do not aggregate over $100 in valuation in any 12 -month period, and do not affect any electrical or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change, or modification in construction, exit facilities, or permanent fixtures or equipment. Specifically excepted from permit requirements without limit to valuation are: "a. Painting and decorating. "b. Installation of floor covering. 15-9 "c. Cabinet work for Group I Occupancies which are not regulated under Section 52 amending Section 1712. "d. Outside Paving. "9. Work located in Federal property. "(b) Temporary Permit Required. No person, firm or corporation shall erect any tent or similar structure which is to be used for commercial or religious purposes, such as rallies, festivals, amusements and sideshows, without first obtaining a temporary permit therefor from the Building Official. To secure such permit, approval must also be obtained from the Chief of the Fire Department. Such permits for tents and similar structures shall be limited to a period of not more than 30 consecutive days and may be cancelledfor cause by the Building Official or the Fire Department at any time before expiration of the time stated in the permit. Upon such cancellation or upon the expiration of the time stated therein, the structure or structures shall be promptly removed. Such tent of canvas, plastic or similar material shall not be used as a residence." Sec. 9. AMENDING SEC. 301(c) OF THE BUILDING CODE "(c) Plans and Specifications. With each application for a building permit, two sets of plans and specifications shall be be submitted. "All plans and specifications relating to work which affects the public safety or health and for which a building permit is required shall be prepared, designed or approved by a duly registered professional engineer or architect as required by Chapter 464 of the Hawaii Revised Statutes. "All plans for retaining walls over six feet in height shall be prepared, designed or approved by a duly registered architect or engineer in the structural or civil branches." 15-10 Sec. 10. AMENDING SEC. 302(a) OF THE BUILDING CODE Sec. 302(a) is amended by amending the first and second paragraphs thereof to read as follows: "Sec. 302. (a) Issuance. The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Official. The Building Official shall cause such plans to be reviewed by any other appropriate department of the County and the State to check compliance with laws and ordinances under their jurisdiction. If the work described in an application for permit and the plans filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and the fee specified in Section 303(a) has been paid, the Building Official shall issue a permit therefor to the applicant; provided, however, that no permit shall be granted for the moving of any building or structure or portion thereof which has deteriorated or been damaged to an extent greater than 50 per cent of the cost of replacement (new) of such building or structure. "When the Building Official issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications 'APPROVED'. Such approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans. The 'JOB SITE COPY' shall be kept at the job site readily available for inspection at all times. The building permit card shall be posted in a conspicuous place at the job site during construction." Sec. 11. AMENDING SEC. 302(d) OF THE BUILDING CODE "(d) Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and 15-11 become null and void, if the building or work authorized by such permit is not commenced within 60 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days; provided, however, in the event of strikes or other causes beyond the control of the building contractor or owner, the Building Official may, in writing, extend the 60 -day and 120 -day period for a period not exceeding six months. "Where permit expires, before such work can be recommenced, a new permit shall be first obtained and the fee therefor shall be one-half the amount required for the original permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work and provided, further, that such suspension or abandonment has not exceeded one year." Sec. 12. AMENDING SEC. 303(b) OF THE BUILDING CODE "(b) Refunds. Refunds for permits shall be made in accordance with provisions of Section 2.02, Article 2, Chapter 2, Hawaii County Code. "All permits for which such refunds are made shall thereafter be declared null and void." Sec. 13. AMENDING TABLE NO. 3-A OF THE BUILDING CODE. Table No. 3-A on page 30 is amended to read as follows= "TABLE NO. 3 -A --BUILDING PERMIT FEES Total Valuation Fee Less than $20.00 No fee $20.00 to and including $100.00 $2.00 More than $100.00 to and including $400.00 3.00 More than $400.00 to and including $700.00 5.00 More than $700.00 to and including $1,000.00 6.00 15-12 $6.00 for the first $1,000 plus $3.00 for each additional thousand or fraction thereof, to and including $25,000.00 $78.00 for the first $25,000.00 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000.00 $140.50 for the first $50,000.00 plus $1.50 for each additional thousand or fraction thereof, to and including $100,000.00 $215.50 for the first $100,000.00 plus $1.00 for each additional thousand or fraction thereof." Sec. 14. AMENDING SEC. 304 (b) and (c) OF THE BUILDING CODE "(b) Building Official's Right to Enter Building. The Building Official, so far as may be necessary for the performance of his duties, shall have the right to enter upon and inspect, at any reasonable time, any new or unoccupied building or structure under construction, repair, alteration or removal, or any building or structure alleged to be unsafe. "(c) Approvals Required. There shall be a final inspection and approval on all buildings when completed and ready for occupancy." Sec. 15. AMENDING SEC. 403 OF THE BUILDING CODE Sec. 403 is amended by adding the following sentence to the fifth paragraph thereof: "This shall not include water heater as defined in this Chapter." The seventh paragraph of Section 403 is amended to read as follows: "BUILDING. A building is any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The term shall include, without limiting the generality of the foregoing, any structure mounted on wheels or 15-13 otherwise, such as a trailer, wagon or powered vehicle, which is parked and stationary and used for business or living purposes; provided, however, that the term shall not include a mobile trailer, push cart, wagon, or powered vehicle which is used exclusively for the purpose of selling any commercial products and which actually travels on public or private streets." The last paragraph of Sec. 403 is amended to read as follows: "BUILDING OFFICIAL shall mean the Chief Engineer of the Department of Public Works, County of Hawaii, or his authorized deputy." Sec. 16. AMENDING SEC. 404 OF THE BUILDING CODE Sec. 404 is amended by adding thereto before the definition "CAST STONE" the following term: "CARPORT is a private garage which is at least 100 per cent open on one side and with 50 per cent net openings on another side or which is provided with an equivalent of such openings on two or more sides." The definition of "CITY" is amended to read as follows: "CITY shall mean the County of Hawaii." A new paragraph is added after the definition of "CITY" to read as follows: "CITY COUNCIL shall mean the County Council of the County of Hawaii." Sec. 17. AMENDING SEC. 407 OF THE BUILDING CODE Sec. 407 is amended by adding thereto the following term: "FALLOUT SHELTER is a structure whose primary purpose is to attenuate radiation within limits provided by the Civil Defense Agency." 15-14 Sec. 18. AMENDING SEC. 417 OF THE BUILDING CODE Sec. 417 is amended by changing the definition of "PLATFORM, ENCLOSED," to read as follows: "PLATFORM, ENCLOSED, is a partially enclosed portion of an assembly room more than 1,000 square feet in area (including dressing rooms, toilet facilities and storage rooms) and the ceiling of which is not more than five feet above the proscenium opening and which is designed or used for the presentation of plays, demonstrations, or other entertainment wherein scenery, drops decorations, or other effects may be installed or used." Sec. 19. AMENDING SEC. 420 OF THE BUILDING CODE Sec. 420 is amended by adding thereto the following term: "STATE shall mean the State of Hawaii." Sec. 20. AMENDING SEC. 504(a) OF THE BUILDING CODE Sec. 504(a) is amended to read as follows: "(a) General. Buildings shall adjoin or have access to a public space, yard, or street on not less than one side. Required yards shall be permanently maintained. "For the purpose of this Section, the center line of an adjoining street or alley shall be considered an adjacent property line, and the center line be considered an adjacent property line if the owner of the premises for which the building permit application is filed owns a portion thereof. With the exception of an arcade, bridge or ramp used for thoroughfare purposes only, such private rights-of-way shall be unobstructed from the ground to the sky and permanently maintained as such. "Eaves over required windows shall not be less than 30 inches from side and rear property lines 15-15 For eaves, see Section 1710. "No building or structure or any portion thereof shall be located on or over a property line except an arcade, bridge or ramp used for thoroughfare purposes only, or as otherwise permitted in this Code and in the Comprehensive Zoning Ordinance." Sec. 21. ADDING SEC. 511 TO THE BUILDING CODE "Sec. 511. Minimum ceiling heights in all occupancies customarily used by human beings shall be as specified in Part III; provided that where no minimum height is specified, the ceiling height shall be not less than seven feet measured to the lowest projection from the ceiling." Sec. 22. ADDING SEC. 512 TO THE BUILDING CODE "Sec. 512. Common Boundary Walls. Common boundary walls may be permitted upon submission of a written agreement between the owners of the properties involved for the construction of such a wall, provided such construction is not in conflict with other pertinent laws and ordinances. "The minimum requirements for construction of common boundary walls shall be as follows: "(a) The wall shall be of 4 -hour fire resistive rating, shall have no openings, and shall extend a minimum of four feet beyond the exterior wall or to the outer edges of horizontal projecting elements such as balconies, roof overhangs, canopies, marquees, or architectural projections. "(b) Where the exterior wall at the termination of the common boundary wall borders a street right-of-way, the exterior wall adjacent to the common boundary wall shall be not less than 4 -hour fire resistive construction for a distance of two feet on each side of the common boundary wall. 15-16 "(c) The wall shall extend from the foundation to a point thirty inches above the roof and where the wall separates buildings of different heights, the wall shall terminate at a point thirty inches above the higher roof level. "(d) The wall shall be designed to support all loads superimposed upon it as required by Part VI - Engineering Regulations --Quality and Design of the Materials of Construction." Sec. 23. AMENDING SEC. 605 OF THE BUILDING CODE Sec. 605 is amended by amending the first paragraph thereof to read as follows: "Sec. 605. All portions of Group A Occupancies customarily used by human beings and all dressing rooms shall be provided with light and ventilation by means of windows or skylights with an area not less than one-eighth of the total floor area, one-half of which shall be openable, or shall be provided with artificial light and a mechanically operated ventilating system. The mechanically operated ventilating system shall comply with the requirements of the 'Public Health Regulations, Department of Health, State of Hawaii."' The fourth paragraph of Sec. 605 is amended to read as follows: "There shall be provided in an approved location at least one drinking fountain for each floor level. Toilet facilities shall be provided as specified in the 'Public Health Regulations, Department of Health, State of Hawaii."' Sec. 24. AMENDING SEC. 802(b) OF THE BUILDING CODE Sec. 802(b) is amended by adding thereto the following to the first paragraph: 15-17 "EXCEPTION: In a building of Type I, II, III -One -Hour, III -Heavy Timber, IV -One -Hour, or V -One -Hour construction, rooms for second grade pupils may be permitted on the second story above grade, provided the building is provided with an alarm system that is actuated by detectors conforming to UBC Standard 43-6." The second paragraph of Sec. 802(b) is amended to read as follows: "Laboratories, woodworking and metal -working shops, machine shops, paint shops, rooms for storage of flammable materials, and similar areas shall be separated from each other and from classrooms by not less than a One -Hour Fire -Resistive Occupancy Separation as defined in Chapter 5; provided, however, that such separation shall not be required where visual communication is required between such areas and classrooms." Sec. 25. AMENDING SEC. 805 OF THE BUILDING CODE "Sec. 805. All portions of Group C Occupancies shall be provided with light and ventilation, either natural or artificial, as specified in Section 605. "For requirements in schools, 'Public Health Regulations, Department of Health, State of Hawaii,' shall be complied with. "For requirements for floors and walls of toilet compartments, see Section 1711." Sec. 26. AMENDING SEC. 811 OF THE BUILDING CODE "Sec. 811. Fire Alarms. Fire alarm systems shall comply with the 'Rules and Regulations of the State Fire Marshal' and be approved by the Fire Chief." Sec. 27. AMENDING SEC. 909 OF THE BUILDING CODE 15-18 "Sec. 909. Fire Alarms. Fire alarm systems shall comply with the 'Rules and Regulations of the State Fire Marshal' and be approved by the Fire Chief." Sec. 28. AMENDING SEC. 1005 OF THE BUILDING CODE "Sec. 1005. Light, Ventilation and Sanitation. All working places in a building or any portion thereof shall be provided with light, ventilation and toilet facilities as specified in the 'Public Health Regulations, Department of Health, State of Hawaii."' Sec. 29. AMENDING SEC. 1105 OF THE BUILDING CODE "Sec. 1105. Light, Ventilation and Sanitation. All working places in a building or any portion thereof shall be provided with light, ventilation and toilet facilities as specified in the 'Public Health Regulations, Department of Health, State of Hawaii."' Sec. 30. AMENDING SEC. 1109(b) OF THE BUILDING CODE Sec. 1109(b) is amended by adding to the first paragraph thereof the following: "EXCEPTION: In buildings housing Group F, G and H Occupancies, open parking garages are permitted when all of the following conditions are met: "1. The garage portion of the Wilding is of Type I construction. "2. There is a three-hour occupancy separation between the open parking garage and all portions of the Group F, Group G or Group H Occupancy." Sec. 31. AMENDING SEC. 1109(k) OF THE BUILDING CODE "(k) Ventilation. Ventilation shall comply with the requirements as specified in the 'Public Health Regulations, Department of Health, State of Hawaii."' 15-19 Sec. 32. AMENDING SEC. 1205 OF THE BUILDING CODE "Sec. 1205. Light, Ventilation and Sanitation. All working places in a building or any portion thereof shall be provided with light, ventilation and toilet facilities as specified in the 'Public Health Regulations, Department of Health, State of Hawaii."' Sec. 33. AMENDING SEC. 1303 OF THE BUILDING CODE "Sec. 1303. For fire -resistive protection of exterior walls and openings, as determined by location on property, see Section 504 and Part V; provided that openings in exterior walls of buildings of Type I, II, or III construction and housing Group H Occupancies situated in Fire Zone 3 which are 10 feet or more but less than 20 feet from the adjacent interior property line shall only be required to have windows or doors constructed of approved incombustible material, but any glass used for windows and doors shall be wire glass of a minimum thickness of 1/4", except where the building is so designed to prevent the glass from falling below the story on which it is installed; and provided that for fire -resistive requirements of exterior exit balconies, the exceptions provided hereinabove, for opening protection shall not apply. Nothing contained herein, however, shall constitute a waiver of the requirements of Section 3305(k) of this Code, relating to stairways." Sec. 34. AMENDING SEC. 1304 OF THE BUILDING CODE Sec. 1304 is amended by amending the third paragraph to read as follows: "When ventilation openings are provided from guest rooms to public corridors in buildings more than one story in height, 15-20 they shall be equipped with automatic fire shutters in accordance with Section 3304. Floors with such openings shall be equipped with alarm systems which are activated by both detectors of heat and detectors of smoke or by detectors of products of combustion. Such fire protective signalling systems shall either meet the requirements of UBC Standard No. 43-6 or be labelled by an independent testing agency." Sec. 35. AMENDING SEC. 1305 OF THE BUILDING CODE "Sec. 1305. Light, Ventilation and Sanitation. Light, ventilation and sanitation requirements shall be as specified in the Housing Code. "For requirements for floors and walls of toilet compartments, see Section 1711." Sec. 36. AMENDING SEC. 1306 OF THE BUILDING CODE "Sec. 1306. Yards and Courts. Requirements for yards and courts shall be as specified in the Housing Code." Sec. 37. AMENDING SEC. 1307 OF THE BUILDING CODE "Sec. 1307. Room Dimensions. Requirements for minimum ceiling heights, floor areas, and widths of rooms shall be as specified in the Housing Code." Sec. 38. AMENDING SEC. 1308 OF THE BUILDING CODE "Sec. 1308. Efficiency Dwelling Units. Efficiency dwelling units shall conform to the requirements of the Housing Code." Sec. 39. DELETING SEC. 1311 OF THE BUILDING CODE Chapter 13 is amended by deleting Sec. 1311 in its entirety. Sec. 40. AMENDING SEC. 1313 OF THE BUILDING CODE "Sec. 1313. Existing Buildings. (a) Purpose. The purpose of this section is to provide a reasonable degree of safety to 15-21 persons living and sleeping in Group H Occupancies by requiring alterations to such existing buildings which do not conform with the minimum safety requirements of this Code. "(b) Scope. The provisions of this section shall apply exclusively to existing non -conforming Group H Occupancies more than two stories in height. "(c) Number of exits shall be as required by Section 3302(a). "(d) Stair Construction. All stairs shall have a minimum run of nine inches and a maximum rise of eight inches and a minimum width exclusive of handrails of 30 inches. Every stairway shall have at least one handrail. A landing having a minimum horizontal dimension of 30 inches shall be provided at each point of access to the stairway. "(e) Interior Stairways. Every interior stairway shall be enclosed with walls of not less than one-hour fire -resistive construction. "Where existing partitions form part of a stairwell enclosure, wood lath and plaster in good condition will be acceptable in lieu of one-hour fire -resistive construction. Doors to such enclosures shall be protected by a self-closing door equivalent to a solid wood door not less than 1 3/4 inches thick. Enclosures shall include landings between flights and any corridors, passageways, or public rooms necessary for continuous exit to the exterior of the building. "The stairway need not be enclosed in a continuous shaft if cut off at each story by the fire -resistive construction required by this subsection for stairwell enclosures. "Enclosures shall not be required if an automatic fire extinguishing system is provided for all portions of the building except bedrooms, apartments, and rooms accessory thereto. 15-22 "(f) Exterior Stairways. Exterior stairs shall be incombustible or of wood of not less than two-inch nominal thickness with solid treads and risers. "(g) Fire Escapes. Fire escapes may be used as one means of egress, if the pitch does not exceed 60 degrees, the width is not less than 18 inches, the treads are not less than four inches wide, and they extend to the ground or are provided with counter- balanced stairs reaching to the ground. Access shall be by an opening having a minimum dimension of 29 inches above the floor and landing. "(h) Doors and Openings. Exit doors shall swing in the direction of exit travel, shall be self-closing, and shall be openable from the inside without the use of key or any special knowledge or effort. Doors shall not reduce the required width of stairway more than six inches when open. Transoms, and openings other than doors, from corridors to rooms shall be fixed closed and shall be covered with a minimum of three-fourths inch plywood. "(i) Exit Signs. Every exit doorway or change of direction of a corridor shall be marked with a well -lighted exit sign having letters at least five inches high. "(j) Enclosure of Vertical Openings. Elevators, shafts, ducts, and other vertical openings shall be enclosed as required for stairways in Subsection (e) or by wired glass set in metal frames. Doors shall be incombustible, or as regulated in Subsection (e). "(k) Separation of Occupancies. Occupancy separations shall be provided as specified in Section 503. Lobbies, and public dining rooms not including cocktail lounges, shall not 15-23 require a separation if the kitchen is so separated from the dining room. Boiler rooms or heater rooms containing a central heating plant using solid or liquid fuel shall be separated from the rest of the building by a One -Hour Occupancy Separation." Sec. 41. AMENDING SEC. 1405 OF THE BUILDING CODE "Sec. 1405. Light, Ventilation and Sanitation. Light, ventilation and sanitation requirements shall be as specified in the Housing Code. Sec. 42. AMENDING SEC. 1406 OF THE BUILDING CODE "Sec. 1406. Yards and Courts. Requirements for yards and courts shall be as specified in the Comprehensive Zoning Ordinance and the Housing Code." Sec. 43. AMENDING SEC. 1407 OF THE BUILDING CODE "Sec. 1407. Room Dimensions. Requirements for minimum ceiling heights, floor areas, and widths of rooms shall be as specified in the Housing Code." Sec. 44. DELETING SEC. 1410 OF THE BUILDING CODE Chapter 14 is amended by deleting Sec. 1410 in its entirety. Sec. 45. AMENDING SEC. 1412 OF THE BUILDING CODE "Sec. 1412. A carport need not have a fire separation between the carport and the dwelling." Sec. 46. AMENDING SEC. 1502 OF THE BUILDING CODE Sec. 1502 is amended by adding to the first paragraph thereof the following: "EXCEPTION: A carport constructed on a hillside may exceed one story in height provided only the garage floor level is used or occupied." 15-24 Sec. 1502 is amended by adding to the second paragraph thereof the following: "EXCEPTIONS: "1. Greenhouses and lath houses used for cultivation of plants shall not be over 12,000 square feet in area and shall be at least five feet from interior property lines. The basic allowable area may be increased in accordance with Section 506(a). 112. Buildings and structures for horticultural use in agricultural district with covering of wire screen, cheesecloth or non -rigid self -extinguishing plastic sheets are not required to conform to the requirements of Parts III, IV, V, VI, VIII, X and XI of this Code." Sec. 47. AMENDING SEC. 1504 OF THE BUILDING CODE Sec. 1504 is amended by adding a new paragraph to read as follows: "EXCEPTION: A carport may have an opening into a room used for sleeping purposes provided such opening is not a required window." Sec. 48. AMENDING SEC. 1506 OF THE BUILDING CODE Sec. 1506 is amended by adding a new paragraph to read as follows: "EXCEPTION: A carport on a hillside lot may have wood floor planking at leasttwo inches in nominal thickness laid with at least one-fourth inch spacing between the planks." Sec. 49. AMENDING SEC. 1601(a) OF THE BUILDING CODE "Sec. 1601(a). Fire Zones. There shall be Fire Zones One, Two and Three in the County of Hawaii as outlined in Article 4, Chapter 15, County Code. Wherever in this Code 15-25 reference is made to any fire zone, it shall be construed to mean one of the fire zones created by said Article 4, Chapter 15, County Code." Sec. 50. AMENDING SEC. 1706(a) OF THE BUILDING CODE Sec. 1706(a) is amended by amending "Exception 1"to read as follows: "EXCEPTIONS: 1. In other than Group D Occupancies, an enclosure will not be required for an escalator, chute, conveyor or vehicular ramp servicing only one adjacent floor and not connected with any other openings serving other floors." Sec. 1706(a) is amended by amending "Exception 2" to read as follows: "2. In buildings housing Group B, F, G or H Occupancies, enclosures shall not be required for escalators or ramps used solely for vehicular passage provided the following conditions are met: "(aa) The top of the escalator or ramp opening at each story is provided with a draft curtain and automatic fire sprinklers are installed around the perimeter of the opening within two feet of the draft curtain. "(bb) All floors with escalator or ramp openings are equipped with automatic fire -extinguishing systems. "(cc) There is provided a three-hour £ire -resistive separation from floors not equipped with fire -extinguishing systems. "(dd) In mixed occupancies housing Group B or H Occupancy, the entire building is of Type I construction." Sec. 1706(a) is amended by adding a new paragraph under "Exceptions" to read as follows: 15-26 "6. In group F, Division 2, Group H and Group I Occupancies, a vertical opening intended to serve as a visual architectural connection between any two adjacent floors of a building need not be enclosed; provided that the areas so connected are occupied by a single tenant." Sec. 51. AMENDING SEC. 1707 OF THE BUILDING CODE Sec. 1707 is amended by deleting Subsection (a). Sec. 52. AMENDING SEC. 1712 OF THE BUILDING CODE "Sec. 1712. (a) Vertical Clearance Above Cooking Top. Domestic freestanding or built-in ranges shall have a vertical clearance above the cooking top of not less than 30 inches to unprotected combustible material. When the underside of such combustible is protected with asbestos millboard at least 1/4 inch thick covered with sheet metal of not less than No. 28 U.S. gage or a metal hood, the distance shall be not less than 24 inches. "(b) Horizontal Clearance of Built-in Top Cooking Units. The minimum horizontal distance from the center of the burner head(s) of a top (surface) cooking unit to adjacent vertical combustible surface extending immediately above the counter top shall be not less than 12 inches or that distance specified by the permanent marking on the unit. Sec. 53. AMENDING SEC. 1714 OF THE BUILDING CODE "Sec. 1714. All unenclosed floor and roof openings; open and glazed sides of landings and stairs; balconies, landings or porches which are more than 30 inches above grade; and roofs used for other than service of the building shall be protected by a guardrail. Guardrails shall be not less than 42 inches in height. Open guardrails and stair railings shall have intermediate rails or an ornamental pattern such that no object five inches in diameter 15-27 can pass through. Stair railings shall be not less than 30 inches above the nosing of treads. "EXCEPTIONS: 1. Guardrail for Group I Occupancy may be 36 inches in height. "2. Guardrail for industrial occupancies shall comply with the regulations of the Department of Labor and Industrial Relations, State of Hawaii. "Openings or portions of openings in exterior walls which are less than 30 inches above a floor shall be provided with at least one rail between 30 inches and 36 inches above the floor when such openings are on floors above the first floor, and are not provided with structurally adequate safety glass installations or other barriers to prevent a person from falling through the openings." Sec. 54. ADDING SEC. 1715 TO THE BUILDING CODE "Sec. 1715. Insulation. Insulations applied to the exterior surface of metal ducts and pipes located in buildings of Types I and II construction shall have a flame spread of not more than 25 and smoke development rating of not more than 50 when tested as a composite installation, including installation, facing materials, tapes and adhesives as normally applied. Sec. 55. AMENDING SEC. 2007(e) OF THE BUILDING CODE "(e) Heavy Timber Floors. Floors shall be without concealed spaces. Heavy timber constructed floors shall be not less than 3 inches nominal splined or tongued and grooved plank or may be of laminated slab construction conforming to the provisions of Section 2007(h)." Sec. 56. AMENDING SEC. 2103(b) OF THE BUILDING CODE 'Sec. 2103(b) is amended by deleting the second and third paragraphs. 15-28 Sec. 57. AMENDING SEC. 2203(b) OF THE BUILDING CODE Sec. 2203(b) is amended by deleting the second sentence of the first paragraph. Sec. 58. ADDING SEC. 2205 TO THE BUILDING CODE "Sec. 2205. EXCEPTIONS. Any provisions in this Code to the contrary notwithstanding, there shall be the following exceptions of Type V building requirements: "1. Interior and exterior bearing walls in one story buildings may be supported on piers. "2. For Type V buildings, isolated piers of wood, solid masonry or concrete may be used for post and girder construction. "3. One-story, wood frame, Type V buildings may be of single wall construction with one inch nominal thinkness boards, without studs, when such walls have cross partitions at least every 30 feet. 'Two-story, wood frame, Type V buildings may be of single wall construction for the upper story, but shall be supported by studded walls on the lower story. Studding shall be not less than 2 inches by 4 inches and shall be so braced as to adequately support the loads imposed. Studding of not less than 2 inches by 3 inches shall be required on one-story buildings of double wall construction. "When wood frame dwellings are supported by posts, bracing of sufficient strength to stabilize the structure against movement from wind pressure or earthquake shock shall be provided. Single wall construction shall be braced with not less than 2 inch by 6 inch belt course with wall boards toe -nailed to belt course or other approved strengthening between the floor and ceiling on all exterior walls, except in the following cases: "1. Where such walls have a minimum thickness of 1 1/8 inches net. 15-29 "2. Where such walls have a minimum thickness of one inch net with the maximum lateral distance between approved stiffeners for any section of the wall not exceeding 10 feet and the unsupported height of the wall not exceeding 8 feet. Approved stiffeners shall be studs or posts, windows or door jambs, etc., or walls or partitions which are approximately at right angle to the section of wall under construction. "3. Where such walls are of post and beam construction." Sec. 59. AMENDING SEC. 2302 OF THE BUILDING CODE Sec. 2302 is amended by adding a subsection (d) to read: "(d) Elevators. All moving elevator loads, including live loads, shall be increased 100 per cent for impact." Sec. 60. AMENDING TABLE NO. 23-E OF THE BUILDING CODE "TABLE NO. 23 -E --WIND PRESSURES FOR VARIOUS HEIGHT ZONES ABOVE GROUND' HeightfZones Wind Pressures _(in eet) (Pounds per square foot Less than 30 15 30 to 49 20 50 to 99 25 100 to 499 30 500 to 1,199 35 1,200 and over 40 1The figures given shall be the minimum requirements" Sec. 61. AMENDING SEC. 2305(e) OF THE BUILDING CODE Sec. 2305(e) is amended by amending the second paragraph to read as follows: "(e) Greenhouses, agricultural buildings and carports, but not including lath houses, shall be designed for vertical live load of not less than 10 pounds per square foot." Sec. 62. AMENDING SEC. 2308(h) OF THE BUILDING CODE 15-30 "(h) Miscellaneous Structures. Greenhouses, agricultural buildings, and carports, but not including lath houses, shall be designed for wind pressures of 10 pounds per square foot and for pressures, acting upward normal to the roof surface equal to 10 pounds per square foot." Sec. 63. AMENDING SEC. 2409(c) OF THE BUILDING CODE "(c) Minimum Thickness. Stone masonry walls shall in no case have a minimum thickness of less than 14 inches." Sec. 64. AMENDING TABLE NO. 24-H OF THE BUILDING CODE Table No. 24-H is amended by adding a superscript 5 to Shear Walls and adding a foot note to read: "5For Shear Walls, the shear force due to seismic load specified in Chapter 23 shall be doubled when computing shear stresses in buildings without a 100 per cent moment resisting space frame." Sec. 65. AMENDING SEC. 2517(c) 2 OF THE BUILDING CODE Sec. 2517(c) 2 is amended by amending the first paragraph to read: "Minimum clearance between bottom of floor joists or bottom of floors without joists and the ground beneath shall be 20 inches. "EXCEPTION: Open slat wood decks shall have ground clearance of at least 6 inches for any wood member." Sec. 66. ADDING SEC. 2519 TO THE BUILDING CODE "Sec. 2519. (a) Walls without Studs. For Type V buildings single wall construction without studs may be used in accordance with Sec. 2205. "(b) Interior Partitions. Interior partitions shall be constructed, framed and firestopped as specified for exterior 15-31 walls, except that interior non-bearing partitions may have a single top plate. Single wall construction and non-bearing partitions of 2 -inch by 3 -inch studs spaced 16 inches on center may be used." Sec. 67. AMENDING SEC. 2605(e) OF THE BUILDING CODE Sec. 2605(e) is amended by deleting the first paragraph and adding the following three paragraphs in lieu thereof: "(e) Strength Tests of Concrete. Except for buildings for Group I Occupancy, concrete of an ultimate compressive strength higher than 2500 pounds per square inch, shall have tests made. "For all concrete having an ultimate compressive strength of 2500 pounds per square inch or less, and for buildings for Group I Occupancy, the Building Official shall have the right to require the owner or his agent to make tests of the concrete and other materials from time to time to determine whether the materials and methods in use are such as to produce concrete or reinforced concrete of the quality specified and used in the design of the building or structure. "when tests are required, each class of concrete shall be represented by at least five tests (10 specimens). Two specimens shall be made for each test at a given age, and not less than one test shall be made for each 150 cubic yards of structural concrete, but there shall be at least one test for each day's concreting. The Building Official may modify th, required number of tests for jobs involving less than 150 cubic yards. The Building Official may require a reasonable number of additional tests during the progress of work. The tests shall be made when ordered by the Building Official, by the owner of his authorized representative and no responsibility for the expense of these tests shall attach 15-32 to the Building Department. All such tests shall be made by an approved agency, and copies of the results shall be kept on file in the office of the responsible architect or engineer for a period of not less than five years after the acceptance of the structure. The Building Official may, at his discretion, during this period of time require the responsible architect or engineer to submit copies of such test results. Specimens for concrete cylinder tests shall be taken at the place where the concrete is being deposited and shall be taken and cured in accordance with the requirements set forth in UBC Standard No. 26-13 and tested in accordance with the requirements set forth in U3C Standard No. 26-13. Specimens made to check the adequacy of the proportions for strength of concrete or as a basis for acceptance of concrete shall be made and laboratory -cured in accordance with UBC Standard No. 26-13. Additional test specimens cured entirely under field conditions may be required oy the Building Official to check the adequacy of curing and protection of the concrete. Strength tests shall be made in accordance with UBC Standard No. 26-13." Sec. 68. AMENDING SEC. 2908(a) OF THE BUILDING CODE "(a) General. The allowable axial and lateral load on piles shall be determined by an approved formula, by load tests, or by a foundation investigation by an approved agency. A foundation investigation shall be made if required by the Building Official. "A static load test shall be made on at least one pile when the allowable axial load for a single pile exceeds 40 tons. Where the allowable axial load for a single pile is 40 tons or less, static load tests shall be made upon request by the Building Official." 15-33 Sec. 69. AMENDING SEC. 3203(d) 7 OF THE BUILDING CODE Sec. 3203(d) 7 is amended by amending the first paragraph to read: "7. Wood shingles. Shingles may be applied to roofs with solid or spaced sheathing. The spaced sheathing shall be spaced not to exceed 6 inches clear, nor more than the width of the sheathing board. Sheathing boards shall be not less than one inch by four inches nominal dimensions." Sec. 70. AMENDING SEC. 3203(d) 8 OF THE BUILDING CODE Sec. 3203(d) 3 is amended by amending the first paragraph to read: "8. Wood shakes. Shakes may be applied to roofs with solid or spaced sheathing. The spaced sheathing shall be spaced not to exceed 6 inches clear, nor more than the width of the sheathing board. Sheathing boards shall be not less than one inch by four inches nominal size." Sec. 71. AMENDING SEC. 3207(e) OF THE BUILDING CODE "(e) Over Public Sidewalk. The water from the roof of all buildings which would flow by gravity onto a public sidewalk shall be carried by means of conduits under the sidewalk and through the curb into the gutter. "EXCEPTION: Buildings of Group I or J Occupancies, the walls of which are 10 feet or more from the street property line, need not comply with the above." Sec. 72. AMENDING SEC. 3302(a) OF THE BUILDING CODE Sec. 3302(a) is amended by adding exceptions to read: "EXCEPTIONS: 1. In buildings containing apartment units which occupy portions of two floors (maisonettes), each such unit shall have direct access to an exterior exit balcony which 15-34 shall have the required number of exits to grade, provided that all of the following conditions are met: "a. The interior stairway between portions of each unit occupying two floors shall serve that unit only. "b. Each apartment is equipped with alarm systems which are activated by both detectors of heat and smoke or by detectors of products of combustion. Such detectors shall meet the requirements of UBC Standard No. 43-6 or be labelled by an approved independent testing agency. "2. Type I or Type II construction buildings in Group H Occupancy with not more than two living units on any floor may have a single exit that is immediately accessible to all apartments served thereby. "3. Buildings of Group H Occupancy of at least one-hour fire -resistive construction, not exceeding three stories in height, may have a single exit serving not more than two units per floor, provided that such exit is an enclosed stairway or an exterior stairway, and provided further that such exit is immediately accessible to all units served.' "4. Except as provided in Table No. 33-A, only one exit shall be required for a basement or cellar of a Group I Occupancy. See Section 1404 for emergency exits from sleeping rooms." Sec. 73. AMENDING SEC. 3303(b) OF THE BUILDING CODE Sec. 3303(b) is amended by adding an exception after the second paragraph to read: "EXCEPTION: Double acting screen doors used in conjunction with exit doors having panic hardware in school cafetoriums." 15-35 Sec. 74. AMENDING SEC. 3304(a) OF THE BUILDING CODE Sec. 3304(a) is amended by amending the first paragraph to read: "(a) General. This section shall apply to every corridor serving as a required exit for an occupant load of 10 or more persons, except that regardless of occupant load no corridor shall be less than 3 feet in width. For the purposes of this Section the term "corridor" shall include "exterior exit balcony" and any covered or enclosed exit passageway including walkways, tunnels and malls." Sec. 75. AMENDING SEC. 3304(f) OF THE BUILDING CODE Sec. 3304(f) is amended by adding an exception to read: "EXCEPTION: Foyers, lobbies or reception areas which are constructed as required for corridors may have dead ends exceeding twenty feet, provided that the ratio of length of dead end to width does not exceed 2 : 1." Sec. 76. AMENDING SEC. 3304(g) and (h) OF THE BUILDING CODE "(g) Construction. Walls of corridors serving an occupant load of 30 or more shall be of not less than one-hour fire - resistive construction and ceilings shall be not less than that required for a one-hour fire -resistive floor or roof system. "EXCEPTIONS: 111. One-story buildings housing Group G Occupancies. "2. Corridors more than 30 feet in width where occupancies served by such corridors have at least one exit independent from the corridor. "3. Exterior sides of exterior exit balconies. "When the ceiling of the entire story is an element of a one- hour fire -resistive floor or roof system, the corridor wall may 15-36 terminate at the ceiling. When the room side fire -resistive membrane of the corridor wall is carried through to the underside of a fire -resistive floor or roof above, the corridor side of the ceiling may be protected by the use of ceiling materials as required for one-hour floor or roof system construction or the corridor ceiling may be of the same construction as the corridor walls. "Ceilings of noncombustible construction may be suspended below the fire -resistive ceiling. "Exterior exit balconies shall not project into an area where protected openings are required." Sec. 3304(h) is amended by adding a superscript "1" to "20" in the fifth line and a foot note to read: "11 3/4 inch solid wood door is equivalent to a 20 -minute fire -resistive door." Sec. 77. AMENDING SEC. 3305(i) OF THE BUILDING CODE Sec. 3305(i) is amended by amending exception 1 to read: "EXCEPTIONS: 1. Stairways 42 inches or less in width and stairways serving one individual dwelling unit in Group H or I Occupancies may have one handrail, except that such stairways open on one or both sides shall have handrails provided on the open side or sides." Sec. 3305(i) is amended by adding a fourth paragraph to read: "Handrails used on stairways shall be not over 3 3/4 inches wide." Sec. 78. AMENDING SEC. 3305(m) OF THE BUILDING CODE Sec. 3305(m) is amended by amending the second paragraph to read: "Exterior stairs shall be protected as required for exterior 15-37 walls due to location on lot as set forth in Parts IV and V of this code when the locations of stairs from property lines are such that if openings are at the same locations they would be required to be protected." Sec. 79. AMENDING SEC. 3309(g) and (h) OF THE BUILDING CODE "(g) Smokeproof Enclosures by Natural Ventilation. "1. Doors. Doors to both the vestibule and to the stairway shall have a one-hour fire -resistive rating and have closing devices as specified in Sec. 4306(b). 112. Open Air Vestibule. The required vestibule opening to the outside shall be not more than 10 foot distance from the door opening into the stairshaft, shall be not less than 16 square feet in areas with a minimum dimension of 36 inches, shall not be glazed or obstructed in any manner, and shall face a public way at least 20 feet in width or a yard at least 20 feet leading to a public way at least 20 feet in width." "(h) Smokeproof Enclosures by Mechanical Ventilation. "1. Doors. The doors from the building into the vestibule shall have a one and one -half-hour fire -resistive rating and have closing devices as specified in Sec. 3309(h) 6. "The door from the vestibule to the stairway shall be a tight -fitting door equal to not less than an exterior type solid wood door without voids, assembled with exterior type glue, 1 3/4 -inch minimum thickness set in a steel frame. Wired glass, if provided, shall not exceed 100 square inches in area and shall be set in a steel frame. The door shall be provided with a drop sill or other provision to minimize air leakage. 15-38 "2. Dimensions and Layout of Vestibule. The minimum width of the vestibule shall be not less than 44 inches. The minimum distance between the nearest portions of the opening of the door into the vestibule and the opening of the door from in, vestibule into the stairshaft shall not be less than 5 feet. "3. Air Movement in Vestibule. Air change in each vestibule shall be not less than one and one-half times per minute. Supply air shall enter and exhaust air shall discharge from the vestibule through separate, tightly constructed metal ducts used only for that purpose. Supply air shall enter the vestibule within 6 inches of the floor level close to the stairway door. Exhaust register shall be located entirely within the smoke trap area with the top of the register not more than 6 inches down from the top of the trap and close to the strike side of the entry door to the vestibule. Doors, when in the open position, shall not obstruct duct openings. Controlling dampers may be provided in duct openings, if needed, to meet the design requirements but are not otherwise required. Pressure in the vestibule shall be maintained at approximately atmospheric level. "NOTE: For buildings where such air changes would result in excessively large duct and blower require- ments, a specially engineered system may be used. Such an engineered system shall provide 2500 cfm exhaust from a vestibule when in emergency operation and shall be sized to handle three vestibules simul- taneously and the smoke detector located outside each vestibule shall release to open the supply and exhaust duct dampers in that affected vestibule. 15-39 "4. Smoke Trap. The vestibule ceiling shall be at least 20 inches higher than the door opening into the vestibule to serve as a smoke and heat trap and to provide an upward moving air column. "5. Air Movement in Stairshaft. Stairshaft shall be provided with air from air supply ducts and fans at the bottom of the stairshaft and at other levels as necessary and shall maintain a positive air pressure of not less than 0.05 and not more than 0.10 inch of water in the air shaft and also provide a minimum air velocity of 200 feet per minute based on one-half the average horizontal cross-sectional area of the stairshaft. "6. Smoke and Heat Activated Door Release. All vestibule and stair tower doors when left in open position shall close automatically upon activation or failure of a detector meeting the requirements of Sec. 4306(b) which operates on the detection of products of combustion. A detection device shall be installed in the corridor ceiling above the door to the vestibule. Buildings required to have fire alarm systems by governmental regulations shall have the detectors installed as described herein tied in with such alarm systems. "7. Operation of Ventilating Equipment. Vestibule and stairshaft mechanical ventilation may be inactive or may operate at reduced levels for normal operations as approved by the Building Official; but when the detectors referred to in paragraph 6 either fail or are activated, the mechanical equip- ment shall operate at the levels specified in paragraphs 3 and 5. Failure of the mechanical ventilation equipment shall cause an alarm to be set off. 15-40 "8. Stand-by Power. Mechanical ventilation equipment and vestibule and stairwell lighting shall be provided with power from an approved diesel engine -powered generator set to operate within 30 seconds whenever there is a loss of the normal electrical power to the building. The generator shall have a minimum fuel supply to operate the equipment for two hours. Should the stand-by power unit become inoperable at any time due to breakdown of equipment and cannot be repaired immediately, a portable emergency power unit shall be installed to take its place until the equipment is repaired and in operable condition. "9. Testing. All equipment pertinent to this Section shall be tested during normal operation at weekly intervals by a registered engineer employed by the owner or by a firm which specializes in this type of service when approved by the Fire Depattment official. Test reports shall be submitted monthly to the Fire Department. "10. Emergency Lighting. The stairshaft and the vestibule shall be provided with emergency lighting. The stand-by generator which is installed for the smokeproof enclosure mechanical ventilation equipment may be used for stand-by emergency lighting power supply. "11. Air-conditioned Buildings. In buildings with air conditioning systems or pressure air supply, a products of combustion detector conforming to the requirements of Sec. 4306(b) shall be placed in the return air prior to exhausting from the building or being diluted by outside air and so located as to operate and shut off building system in case of smoke in the air stream, or such devices may be installed in 15-41 each room or space served by a return air duct." Sec. 80. AMENDING SEC. 3317(a) OF THE BUILDING CODE Sec. 3317(a) is amended by adding an exception after the first paragraph to read: "EXCEPTION: Extension of an exterior exit balcony forming a dead end corridor need not be sprinklered if such corridor does not exceed 20 feet in length and the wall at the dead end is at least 50 per cent open to the exterior." Sec. 81. AMENDING SEC. 3317(h) OF THE BUILDING CODE S -c. 3317(h) is amended by adding an exception to read: "EXCEPTION: Security gates may be permitted across corridors or passageways in school buildings if there is a readily visible durable sign on or adjacent to thr gate, stating 'THIS GATE TO REMAIN LOCKED IN THE OPEN POSITION WHENEVER THIS BUILDING IS IN USE'. The sign shall be in letters not less than one inch high on a contrasting background. The use of this Exception may be revoked by the Building Official for due cause." Sec. 82. AMENDING SEC. 3318(c) OF THE BUILDING CODE Sec. 3318(c) is amended by adding a third paragraph to read: "In Group D, Divisions 2 and 3 Occupancies, door shall be self-closing or automatic -closing actuated by products of combustion." Sec. 83. AMENDING SEC. 3401 OF THE BUILDING CODE Sec. 3401 is amended by amending the last sentence of the second paragraph to read: "All glass in skylights shall be wire glass or tempered glass, minimum thickness 7/32 inch, except that skylights over vertical shafts extending through two or more stories shall be glazed with plain glass as specified in this Section; provided, that wire glass may be used if ventilation equal to not less than one-eighth the cross-sectional area of the shaft but never less than 4 square feet is provided at the top of such shaft." 15-42 Sec. 84. AMENDING SEC. 3801(a) OF THE BUILDING CODE Sec. 3801(a) is amended by adding a third paragraph to read: "All buried galvanized steel and other ferrous piping used in connection with fire -extinguishing systems shall be wrapped or otherwise protected against corrosion in accordance with the Plumbing Code provisions for protection of galvanized ferrous piping for potable water." Sec. 85. AMENDING SEC. 3BO2(b) OF THE BUILDING CODE Sec. 3802(b) is amended by amending the first paragraph of subsection 1 to read: "1. In every story, basement or cellar of all buildings except Group I Occupancies when floor area exceeds 1500 square feet and there is not provided at least 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction thereof of exterior wall in the story, basement or cellar on at least one side of the building. "Each of the required twenty square feet of opening shall have at least one opening with minimum dimensions of 3 feet by 4 feet. Such required openings shall be unobstructed by sunshades, louvers, grillwork, or other construction on the exterior wall which will prevent or hinder access to the openings by the Fire Department personnel." Sec. 3802(b) is amended by amending subsection 5 byadding an exception to read: "EXCEPTION: Surgery, recovery and intensive care rooms." Sec. 86. AMENDING SEC. 3803(d) OF THE BUILDING CODE Sec. 3803(d) is amended by amending subsection 5 to read: 115. Outlets. Each standpipe shall be equipped with an approved 2 1/2 -inch outlet not less than 2 feet nor more than 4 15-43 feet above the floor level at each story above the first or ground floor. Outlets shall be provided at the first or ground floor only when specifically requested by the Fire Department. All dry standpipes shall be equipped with a two-way 2 i. 2 -inch outlet above the roof line of the building when the roof has a pitch of less than 4 inches in 12 inches. All outlets shall be installed so that a 12 inch long wrench may be used in connecting the hose with clearance for the wrench on all sides of the outlet. Standpipes located in smokeproof enclosures shall have outlets located in the stairway. Standpipe outlets in stairway enclosures or smoke towers shall be so located that the exit doors do not interfere with the use of the outlet. All outlets shall be equipped with gate valves with substantial chains." Sec. 87. AMENDING SEC. 3804(d) OF THE BUILDING CODE Sec. 3804(d) is amended by amending subsection 1 to read: "1. Construction. Wet standpipes shall be of wrought iron, galvanized steel or copper pipe or tubing which together with fittings, valves and other appurtenances shall be of sufficient strength to withstand a test pressure of 300 pounds of water pressure to the square inch. "Nater pressure tests shall be conducted on completed wet standpipe systems by the owner or contractor whenever deemed necessary and ordered by the Building Official. The test shall be so conducted that no point in the wet standpipe system will be subiect to less than the normal working pressure plus 25 pounds per square inch and in no case shall the test pressure at any point be less than 175 pounds per square inch. The owner or contractor shall be responsible for any damage caused by breakage or faulty installation while such tests are being conducted." 15-44 Sec. 88. AMENDING SEC. 3805(a), (b) and (d) OF THE BUILDING CODE "Sec. 3805(a) General. Combination standpipes shall be installed in accordance with the provisions of this Section. Design and installation shall be in accordance with National Fire Protection Association Pamphlet No. 14. Where a combination standpipe is installed in accordance with this Section, a separate dry standpipe system need not be installed." "(b) Where Required. A combination standpipe system may be installed in lieu of dry standpipes and wet standpipes required under Sections 3803 and 3804." Sec. 3805(d) is amended by amending the fifth sentence of subsection 5 to read: "Standpipes located in smokeproof enclosures shall have outlets in the stairway." Sec. 89. AMENDING SEC. 3806 OF THE BUILDING CODE "Sec. 3806. During the construction of a building and until the permanent fire -extinguishing system has been installed and is in service, fire protection shall be provided in accordance with the regulations of the Department of Labor and Industrial Relations, State of Hawaii and the 'Rules and Regulations of the Fire Marshal, State of Hawaii." Sec. 90. AMENDING SEC. 3906(b) OF THE BUILDING CODE Sec. 3906(b) is amended by amending the second paragraph to read: "Where any usable space having headroom of 4 feet or more occurs under a raised platform of an assemble room such platform shall be of not less than one-hour fire -resistive construction or of heavy timber floor construction." 15-45 Sec. 91. AMENDING SEC. 4005 OF THE BUILDING CODE "Sec. 4005. Ventilation. Ventilation shall be provided as specified in the 'Public Health Regulations, State of Hawaii." Sec. 92. AMENDING SEC. 4305 Or THE BUILDING CODE Sec. 4305 is amended by adding a subsection (e) to read: "(e) Ceiling Panels. Whore the weight of lay -in ceiling panels, used as part of fire -resistive floor ceiling assemblies, is not adequate to resist an upward force of one pound per square foot, wire or other approved devices shall be installed above the panels to prevent vertical displacement." Sec. 93. DELETING SEC. 4502 OF THE BUILDING CODE Chapter 45 is amended by deleting Sec. 4502 in its entirety. Sec. 94. DELETING SEC. 4503 OF THE BUILDING CODE Chapter 45 is amended by deleting Sec. 4503 in its entirety. Sec. 95. AMENDING SEC. 4504 OF THE BUILDING CODE "Sec. 4504. Roof caves, cornices, belt courses, and appendages such as water tables, sills, capitals, bases and architectural projections which cannot be occupied or used may project over the public street of the building site a distance as determined by the clearance of the lowest point of the projection above the grade immediately below, as follows: "Clearance above grade less than 8 feet - No projection is permitted. "Clearance above grade over 8 feet - One inch of projection is permitted for each additional inch of clearance provided that no such projection shall exceed a distance of 4 feet. "Roof caves shall be sloped to downspouts and/or gutters leading back to the building which shall conduct any drainage under the sidewalk area through the curb to the street gutter." 15-46 Sec. 96. AMENDING SEC. 4505 OF THE BUILDING CODE "(a) General. For the purpose of this Section, a marquee shall include any object or decoration attached to or a part of said marquee, except signs. "(b) Projection and Clearance. A marquee projecting more than two-thirds of the distance from the property line to the curb line shall be not less than ten (10) feet above the sidewalk or ground below. There shall be a minimum of 8 feet vertical clearance between the lower point of any marquee to the sidewalk below. "(c) Construction. A marquee shall be supported entirely from the building and shall be constructed entirely of noncombus- tible materials. "EXCEPTION: Drop -roll curtains of canvas may be suspended below exterior periphery, provided a minimum clearance of 7 feet from the sidewalk below is maintained. "(d) Roof Construction. The roof or any part thereof may be a skylight, provided wire glass not less than 1./4 inch thick with no single pane more than 18 inches wide is used. "Every roof and skylight of a marquee shall be sloped to downspouts which shall conduct any drainage from the marquee under the sidewalk to the curb. "(e) Location Prohibited. Every marquee shall be so located as not to interfere with the operation of any exterior standpipe or to obstruct the clear passage of stairways or exits from the building or the installation or maintenance of street lighting." Sec. 97. AMENDING SEC. 4506(b) OF THE BUILDING CODE Sec. 4506(b) is amended by amending the exceptions to read: "EXCEPTIONS: "1. A fixed awning not more than 10 feet in length may be erected over a doorway to the building. 15-47 "2. Fixed awnings projecting not more than 4 feet from the face of the building and of a total length not more than 50 per cent of the street frontage of the building may be erected over windows along the street." Sec. 98. AMENDING SEC. 4506(c) OF THE BUILDING CODE "(c) Projection. Awnings may extend over public property not more than 7 feet from the face of a supporting building but no portion shall extend nearer than 2 feet 6 inches to the face of the nearest curb line measured horizontally. In no case shall the awning extend over public property greater than two-thirds of the distance from the property line to the nearest curb in front of the building site." Sec. 99. AMENDING SEC. 4507 OF THE BUILDING CODE "No doors, either fully opened or when opening, shall project beyond the property line." Sec. 100. ADDING CHAPTER 49 TO THE BUILDING CODE Chapter 49 is added to read: "CHAPTER 49 -- PATIO COVERS "Sec. 4901. Patio covers are one-story roofed structures open on one or more sides and not more than 10 feet above grade. They may be provided with insect screening but such screening need not be considered as an enclosure. They may be attached or detached and are for use in conjunction with Group J, Group I or single dwelling units in Group H Occupancies but are not designed for use as habitable rooms. Carports and garages are excluded from this definition. "Sec. 4902. Design Loads. Patio covers shall be designed and constructed to sustain, within the stress limits of this Code, all dead loads plus a minimum vertical live load of 10 pounds per square foot. Such covers shall be designed to resist the minimum horizontal 15-48 wind load of 10 pounds per square foot. In addition, they shall be designed to support a minimum wind up -lift of three-fourths of the horizontal wind load acting vertically upward normal to the roof surface. When enclosed with insect screening, wind loads shall be applied to the structure assuming it is fully enclosed. "Sec. 4903. Light and Ventilation. Where required windows open into a patio cover, the requirements of Sections 1305 and 1405 shall apply. "Sec. 4904. Construction. Construction shall be of noncom- bustible materials, except for buildings of Types III and V construc- tion. "Sec. 4905. Roof Covering. For roof covering see Section 1704. "EXCEPTION: For patio covers attached to a building of Group I or Group J Occupancy, the roof covering may be of such plastic materials as may be approved by the Building Official. The use of such plastic roof covering when so approved is subject to the following limitations: 111. Such structures shall project not more than 16 feet, including the overhang, from the face of the exterior wall of the building and shall not exceed 400 square feet in any single continuous area. Such areas o-' plastic patio covering shall be separated from each other by at least 10 feet. "2. Parking and storage of motor vehicles shall not be permitted under such structures." Sec. 101. AMENDING SEC. 5205(a) OF THE BUILDING CODE Sec. 5205(a) is amended by amending subsection 1 to read: "1. The plastic shall be mounted at least 4 inches above 15-49 the plane of the roof on a curb constructed of, or clad with, a metal or noncombustible material, except for Type III or V buildings. The curb may be omitted where skylights are provided with a screen immediately below the skylight. The screen shall be substantially mounted and of wire not smaller than No. 12 U.S. Gauge having openings not larger than 1 inch." Sec. 102. AMENDING SEC. 5304 OF THE BUILDING CODE "Sec. 5304. Ventilation. Mechanical ventilation shall be provided direct to the exterior of the building. Mechanical ventilation shall be as specified in the 'Public Health Regulations, State of Hawaii'." Sec. 103. AMENDING SEC. 5402 OF THE BUILDING CODE Sec. 5402 is amended by amending the exception to read: "EXCEPTION: When approved by the Building Official, labels may be omitted provided an affidavit is furnished by the glazing contractor certifying that each light is glazed in accordance with approved plans and specifications." Sec. 104. AMENDING SEC. 5405 OF THE BUILDING CODE "Sec. 5405. Regular plate, sheet, or patterned glass in jalousies and louvered windows shall be no thinner than normal seven -thirty seconds inch and no longer than 36 inches. When other glass types are used, design shall be submitted to the Building Official for approval. Exposed glass edges shall be smooth. Wire glass used for jalousies may have wires in the long direction only and shall not have wires exposed on the long edges." Sec. 105. AMENDING TABLE NO. 54-C OF THE BUILDING CODE Table No. 54-C is amended by amending the entries in the right hand column under "Over 50 Sq. Ft.;" for "Minimum Frame 15-50 Lap" and "minimum glass frame lap" to read: "3/8". Sec. 106. ADDING CHAPTER 57 TO THE BUILDING CODE Appendix, Chapter 57 -- REGULATIONS GOVERNING FALLOUT SHELTERS, Uniform Building Code, 1970 Edition, Volume I is by reference incorporated herein and made a part of this Code and adding Sec. 5709 to read: "Sec. 5709. Notwithstanding the provisions of Sec. 303, relating to building permit fees, any person, firm or corporation constructing a single -purpose fallout shelter shall not be charged a building permit fee for the construction of a structure to be used exclusively as a fallout shelter, or that portion of a structure to be occupied exclusively as a fallout shelter." Sec. 107. AMENDING SEC. 6002 OF THE BUILDING CODE Sec. 6002 is amended by adding a second paragraph to read: "Wherever the Uniform Building Code Standards are referred to as the standard in this Code, compliance with the current codes and standards of the National Fire Protection Association will be equivalent to meeting the Uniform Building Code Standards." Sec. 108. ADDING CHAPTER 61 -- FACTORY BUILT HOUSING -- TO THE BUILDING CODE "Sec. 6101. Applicability. Nothing in this section shall apply to prohibit the installation of 'factory built housing' as defined in the State of Hawaii Regulation XXXVII, Factory Built Housing', which conforms to the provisions of this article. "Sec. 6102. Permits Required. No person shall install factory built housing, or cause the foregoing to be done, without first obtaining a separate building permit from the Building Official for each such factory built housing for each building 15-51 where such building consists of more than one factory built housing unit. "Sec. 6103. Permit Fees. A fee for each building permit shall be paid to the Building Official as provided in this Chapter. The fee will be based on all cost of installing the factory built house on the site and the value of all additions or alterations to be made, including the cost of carport, fences, retaining walls, etc. "Sec. 6104. Minimum Requirements. "(a) Factory built housing shall bear the insignia of approval of the State of Hawaii. "(b) For a building composed of more than one factory built housing unit, each unit shall bear the insignia of approval of the State of Hawaii. "(c) To obtain a building permit for the installation of factory built housing or a building composed of more than one factory built housing unit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall be accompanied by plans as required by Sec. 301(c) and shall give the following information: For Building Department 1. Model Number of house. 2. Address and tax map key. 3. Foundation and posting details. 4. If carport, fence or retaining wall is being built concurrently, location and details. For Planning Department 5. All yard setback dimensions. 6. Parking. 1552 7. Building height, elevation details, and construction therein. 8. Density and use details. 9. Landscaping as required. 10. If lot has beach frontage, setback from shoreline. 11. Any and all other data necessary to substantiate compliance with applicable provisions of the CZO. For Other Agencies 12. Location and details of drop driveway. 13. Where sewer services is unavailable, location of cesspool or septic tank. 14. Grading. Sec. 109. ADDING CHAPTER 62 TO THE BUILDING CODE Chapter 62 -- THATCHED MATERIAL ON EXTERIOR OF BUILDINGS; PROTECTOR AGAINST EXPOSURE FIRES "Sec. 6201. Applicability. Thatched material on the exterior of buildings shall be permitted only upon buildings located in areas zoned for resort uses which primarily service the tourist trade when approved by the Building Official. "The thatched material permitted in this Article shall be used for decorative purposes on the roof or wall of buildings. The building, independent of the thatched material, shall comply with all applicable provisions of this Chapter. "When thatched material is used as permitted in this Article, and an appropriate permit is obtained therefor in accordance with Article I of this Chapter, outside sprinklers for protection against exposure fires shall be required as hereinafter provided. 15-53 "Sec. 6202. General. (a) Thatched materials used on the roof of a building shall be protected by manually operated sprinkler heads, with adequate water supply, pipe size and sprinkler head spacing in accordance with sprinkler system requirements set forth in this Article. "(b) Thatched materials used on the wall of a building shall be protected by manually operated outside sprinklers. Size and spacing of sprinklers and pipe size shall be in accordance with Chapter 6, Outside Sprinklers for Protection Against Exposure Fires, of the National Fire Codes of the National Fire Protection Association. Controls shall be as set forth in this Article. "Sec. 6203. Sprinkler Requirements. "(a) General. Sprinklers shall be located at the high point of the roof. Upright or pendant sprinklers shall be used for gable roofs. Sidewall sprinklers shall be used for shed roofs. "(b) Spacing of Sprinklers. The maximum width of roof with one row of sprinklers shall be as follows: Roof Slope Orifice Size Width of Roof 1 : 3 or greater 3/8" 15' " 1/2" 20, " 17/32" 25' Less than 1 : 3 3/8" 10' " 1/2" 15' " 17/32" 20' "Maximum spacing of sprinklers on branch lines (along ridge) shall be as follows: 3/8 -inch orifice - 6 feet; 1/2 -inch orifice - 8 feet; 17/32 -inch orifice - 10 feet. "Conical roofs may be protected with one sprinkler at the apex if the diameter of the roof does not exceed the width of roof referred to above. "Where the width of a roof exceeds the width allowed for one row of sprinklers, as provided in the table above, two or more 15-54 rows of sprinklers shall be required. The rows of sprinklers shall be placed such that the entire roof area is protected. "(c) Areas Protected. Each area (zone) of thatched material that is separated from another thatched area by an open space of 20 feet or more or by incombustible construction of 20 feet or more shall be considered a separate area (zone). "Risers to each separate zone shall not be less than that shown in Subsection (3) below, except as modified as follows: "1. More than one zone may be protected by one valve, if the supply is adequate. "2. If one area (zone) is larger than can be protected with the existing supply, the zones can be subdivided into subzones if the following criteria are met: An area of at least 800 square feet is protected by a subzone control valve; there is at least a 10 per cent overlap in coverage of adjoining subzones; and operation of the manual control valves will automatically transmit an alarm to the Fire Department. "(d) Water Supply. The sprinkling system shall have a separate connection to the water main in the street, to an approved automatic fire -extinguishing system supply line, to a wet standpipe supply line, or to a domestic supply of adequate size. The water supply required shall be determined from either of the following: "1. Flow per sprinkler for the largest zone, with residual pressure at the highest sprinkler at 15 pounds per square inch with all heads operating, shall be as follows: Orifice Size Gallons Per Minute 3/8" 15 1/2" 20 17/32" 25 "2. The flow shall be hydraulically calculated so as to discharge at least 0.11 gallons per minute per square foot or surface area to be sprinklered. 15-55 "(e) Riser and Pipe Size. Pipe sizes shall be determined from the flow as calculated above. However, no pipe less than one inch in size shall be used. The following table may be used in conjunction with this flow calculation for the selection of pipe or riser sizes: ripe or Kiser brze Orifice 1" L" 1/5" 2" Z" 3" 3%" 4" 1/2" 2 3 5 8 15 27 40 40 17/32" 1 2 4 6 11 19 30 38 "(f) Number of Sprinklers Served. The number of sprinklers on a branch line shall not exceed six. Center feed shall be used for six or more sprinklers. The number of sprinklers under control of each control valve shall not exceed forty. At the location of each valve, there shall be a drain connection and a 1/4 -inch valve outlet test connection to accommodate pressure gauge. "(g) Material Installed Above Grade. Piping shall be galva- nized steel schedule 40 with galvanized malleable iron fittings or hard drawn copper with silver solder fittings. Pipes shall be securely fastened to the structure. "Valves shall be the manual type approved and listed by the Underwriters' Laboratories or by other approved testing agencies. Valves shall be installed outdoors and so located as to be readily accessible in case of fire. Signs indicating the use of valves shall be conspicuously posted. "(h) Local Alarm. Any one system with 20 or more sprinklers under control of one valve shall be complemented with a local fire alarm, either electrically or mechanically operated." 15-56 C N ..„L L: ie,( d i s 1:-, or, 1 c ND '�,F Sec x.' EGJSJ'J'12�,:- F k"'i L g S1 a, t J. r', - it �]-:L ng t11-,,1,,,'f,-z�1, f Jxi'c� of t1-.,i;e Cat.,im,ty Coun.c.,."ji-2., it a, t J., n, r ec e n t y ar is C1 1 1, t'�u r a 1 a,, n d, 1"), 2, 1. s t, o r i c 'n 1, is s et s of im c a 1 of t,h,J`-S 1 A 11 T111, COI"��l"i,,�,']"I�,tl-,,,,,,t.1- a %�r f,,,m m _,,% ec c"), � n a ri le ir,], y , i t lae 'ir �1-c' pr,eservc-.1, of-' m,c,-)d,ex(-r',uj, Ir t J, 0 f p C j . . .... . 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I. LEGISLATIVE FINDINGS AND DECLARATION OF INTENT The Council of the County of Hawaii hereby finds that: A. Heavy rain storms have periodically created destructive floods in certain areas of the County threatening the lives of its inhabitants and causing damages to property; B. Certain shoreline areas of the County are subject to tsunami inundation; C. The continued development of these areas without providing adequate drainage and appropriate flood control measures would only aggravate the conditions conducive to flooding; and D. Every effort should be made to minimize flood damage potential and to protect the lives and property of the inhabitants of the County of Hawaii. Therefore, this Council deems it necessary to enact this section for the sound, economic development of the County of Hawaii and in the interest of the health, safety and general welfare of the inhabitants of the County of Hawaii. Sec. 2. DEFINITIONS As used herein, the following definitions shall apply unless the context indicates otherwise: "Chief Engineer" shall mean the Chief Engineer of the County of his authorized representative. "Flood" or "Flooding" shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from (a) heavy rainfall, (b) the overflow of streams, rivers, or other inland water, or (c) abnormally high tidal water or rising coastal waters resulting from severe storms, hurricanes or tsunamis. 15-64 Sec. 3. REQUIREMENTS FOR BUILDING PERMIT A. No building permit shall be issued without the approval of the Chief Engineer as to the adequacy of drainage. In making a determination as to the adequacy of drainage the Chief Engineer shall consider topographic conditions, rainfall, runoff, land use, depth and width of drainage channels, size of other drainage facilities, and past history of flooding, including the extent of flooding. B. Any applicant for a building permit for the construction of a structure shall, when required by the Chief Engineer, submit plans for the improvement or construction of drainage facilities to the Chief Engineer for approval. Upon approval of such plans the applicant shall be entitled to the issuance of the building permit, if all other requirements of law have been compiled with. C. In the event a proposed building site is located in an area designated as being subiect to extreme water heights and velocities and destructive wave forces, any proposed new construction must be designed and construction to resist the dangers. 15-65 CHAPTER 16 CHAPTER 16 IMPROVEMENTS BY ASSESSMENTS Page Article 1 . ................................................ 16-1 General Provisions Sec. 1. Definitions .......................... 16-1 Sec. 2. Method ................................ 16-3 Sec. 3. Storm Drainage System,,,,,,,,,,,,,,,,, 16-4 Sec. 4. Improvements in Other Areas,,,,,,,,,., 16-5 Sec. 5. Public Land or Land Exempt from Taxation, etc.; Cost Otherwise Assessable Against Borne byCounty ........................... 16-5 Sec. 6. General Powers of County Council...... 16-8 Article 2 .................................................. 16-10 Costs Sec. 1. Certain Costs to be Borne by County... 16-10 Article3 . ................................................ 16-12 Procedures Sec. 1. Initial Procedure .................... 16-12 Sec. 1.01 Report of Chief Engineer .............. 16-16 Sec. 2. Protests, Objections, Suggestions..... 16-16 Sec. 2.01 Waiver of Objections .................. 16-17 Sec. 3. Petition of Owners .................... 16-18 Sec. 4. Petition by Owners of One Hundred Per Cent of Frontage or Area ................ 16-19 Sec. 5. Determination by Councilmen .......... 16-20 Sec. 6. Water System; Inspection of Work by Department of Water Supply; Use of System After Completion; Costs which Department of Water Supply may Assume ............. 16-24 Sec. 7. Contract, Bids, Bonds ................. 16-25 Sec. 8. Contract For Off -Site Water Facilities 16-28 Sec. 9. Notice of Improvement Authorized,,,,,, 16-30 Sec. 10. Combination of Hearings Authorized,.,. 16-31 16-i Page Article4 . ............................................. 16-33 Assessments Sec. 1. Assessments Fi-ed by Ordinance..... 16-33 Sec. 2. Notice and Collection of Assessments 16-33 Sec. 3. Assessments Payable When .......... 16-33 Sec. 4. Lien; New Assessment .............. 16-34 Sec. 5. Installments Payable When ......... 16-35 Sec. 6. Installment Collection Expense .... 16-36 Soc. 7. Payment in Bonds .................. 16-36 Sec. 8. Effect of Failure to Pay Installment 16-36 Sec. 9. Owner of Undivided Interest ....... 16-37 Sec. 10. Sale of Default .................... 16-37 Sec. 11. Purchase of Sale ................... 16-38 Sec. 12. Certificate by Director of Finance 16-38 Sec. 13. Sale of Land Bid in by Director of Finance at Sale ................. 16-39 Article 5 . ............................................ 16-41 Financing Sec. 1. Improvement Bonds Authorized....... 16-41 Sec. 2. Special Funds for Payment of Bonds and 16-48 Sec. 3. Certain Other Expenses .......... 16-42 Sec. 2.01 Reserve Fund ...................... 16-44 Sec. 2.02 Replenishment of Reserve Fund 16-45 Sec. 3. Payment of Principal and Interest.. 16-45 Sec. 4. Use of Bonds; Sale ................ 16-45 Sec. 5. Payment Before Maturity............ 16-46 Sec. 6. Payment at Maturity ................ 16-47 Sec. 7. Bonds Not Chargeable Against General Revenues Article6 . ............................................. 16-48 Refunding Sec. 1. Refunding Authorized .............. 16-48 Sec. 2. Initiation of Refunding ........... 16-48 Sec. 3. Protest Against Refunding ......... 16-50 Sec. 4. Determination by Councilmen ....... 16-51 Sec. 5. Refunding Bonds ................... 16-52 Sec. 6. Petition by All Owners ............. 16-53 Sec. 7. Old Bonds Canceled ................. 16-54 Sec. 8. Obligations Unimpaired ............ 16-54 16 -ii Pa 16-55 L,inn,ltatl,,r-:),,,ri an to S,c)"e 10 S, e 'A 16-56 Ar 1,:- � J.", lic:,, c(, 8. 0 0 w m a * 1(16 0 IF 'IF F, Fh # 0 F IN, ifil, # 0 IN 8 IN F, # p F 0 6 f * 0 IF a 0 w Sec 1 S, ev erab.] J`A-, 16-56 i f , i c t i ', a I J". d a, twt1"I x NI n ,Sec -11". aEl t.., .11"L 01')B. El �Cj ja 1, 1 d a Q� CHAPTER 16 IMPROVEMENTS BY ASSESSMENTS ARTICLE 1. General Provisions Sec. 1. DEFINITIONS Whenever used in this chapter: A. "Improvement District" means and includes any area within the County of Hawaii which has been designated by the Council as an Improvement District for the purposes of this chapter. B. "Council" means the legislative body of the County of Hawaii. C. "County" means County of Hawaii. D. The terms or expressions "Special Improvement," "Improvement," the "Making of a Special Improvement," "Make any Special Improvement" and equivalent expressions, mean and include any one or more or any combination of any of the following: 1. The establishment, opening, extension, widening or altering of any street, alley or other highway, or sidewalk; 2. The grading, paving, curbing, macadamizing or otherwise improving of the whole or any part of any existing public street, alley, or other highway or sidewalk; 3. The construction of a storm drainage system; 4. The construction of any sanitary sewerage system; 5. The construction of a street lighting system; 16-1 6. The construction of a water system; 7. The construction and installation of underground utility facilities and the removal, relocation, replacement or reconstruction of the utility facilities required to be placed underground. 8. The establishment, extension, construction of public off-street parking facilities, pedestrian mall, parks, playgrounds, beach areas, or other public recreational areas and facilities; 9. To otherwise improve any of the foregoing to an extent exceeding maintenance or repair thereof. E. "Cost" means the cost, either estimated or actual, as the case may be of the improvements to be opened, constructed, or improved in proceedings taken pursuant to this ordinance for which assessments are to be levied. There may be included within the definition of "cost" amounts for construction contingencies, bond discounts, reserve funds, and incidentals. F. "Incidentals" mean expenses in carrying out proceedings pursuant to this ordinance for preparation -rc maps, nrti.�as, and other documents; posting, mailing and publication costs; preparation and printing of bonds, bond registers and transfer books; fees of financial, legal, engineering and surveying consultants; and such other miscellaneous expenses which relate directly to the proceedings. G. "Premium" means any of the following: 1. An amount payable by a property owner at the time he makes an advance payment of unpaid installments of his assessment in accordance 16-2 with the provision of Section 7 of Article 4, which amount is in addition to the unpaid principal amount of his assessment and the interest thereon to the next subsequent annual date for the payment of installments; 2. An amount payable to the holder of a bond issued pursuant to this chapter which is called by the Director of Finance for payment before maturity in accordance with the provisions of Section 5 of Article 5, and which is in addition to the face amount of such bond and the interest thereon payable to such bondholder; 3. An amount paid by the purchaser of the bonds in excess of the par value of the bonds; 4. Premium under sub -section 1 above may not exceed five per cent (5%) of the unpaid amount; and under sub -section 2 above the premium may not exceed five per cent (5%) of the face amount of the bond. Sec. 2. METHOD Whenever in the opinion of the Council it is desirable to make any special improvement, as hereinabove defined, in any improvement district, such special improvement shall be made and done under the provisions of this chapter; and the cost thereof, including the cost (if not assumed by the county in the manner provided by section 1 of Article 2) of acquiring, whether prior to or after the commencement of the proceedings for such improvements, any new land therefor, shall be assessed against the land specially benefited, either on a frontage 16-3 basis or according to area of the land within an improvement district or on both an area and frontage basis; and the county may issue and sell bonds to provide the funds for such improve- ments, which bonds shall be secured by such assessments as a lien upon the lands assessed; and for such purpose the Council may create, define and establish frontage improvements or improvement districts; all according to the provisions of this chapter. SEC. 3. STORM DRAINAGE SYSTEM The term "storm drainage system" whenever used in this chapter includes "sanitary sewerage system." For the construction of sanitary sewerage systems, the specially benefited area of the lands within an improvement district shall be assessed, except as hereinafter provided, at the following rates: 6 cents per square foot for agricultural, parks and recreation, preservation, public facilities and utilities, military and cemetery general planned areas; 8 cents per square foot for residential; 10 cents per square foot for commercial and industrial general planned areas; and 12 cents per square foot for hotel, apartment, resort -hotel and public housing general planned areas. The balance of the cost shall be borne by the County. Anything herein to the contrary notwithstanding, if the construction of any such system is initiated pursuant to Section 3.3 or Section 3.4, the total cost of such system shall be assessed against the lands specially benefited. In case of a sanitary sewerage system proposed to be constructed or improved independently of other improvements, such improvement district may embrace two or more geographically separate or noncontiquous areas; provided that such separate or 16-4 noncontiguous areas utilize one common trunk line or interceptor sewer in the disposal of sewage from such areas. Sec. 4. IMPROVEMENTS IN OTHER AREAS In districts other than the designated improvement districts as defined in Section 1 of Article 1, the construction of any of the improvements provided for by this chapter may be initiated by petition as and in the manner prescribed by Sections 3 and 4 of Article 3. Sec. 5. PUBLIC LAND OR LAND EXEMPT FROM TAXATION, ETC.; COST OTHERWISE ASSESSABLE AGAINST BORNE BY COUNTY Whenever any public land, or any land by law exempted from assessments of the character provided for in this chapter, forms part of any improvement district or fronts upon or is situated with relation to any special improvement or area to be so improved in such manner that such land would, if privately owned or not exempt from such assessment, be subiect to assessment, the Council shall, nevertheless, without assessing such public or exempted land for any part of the cost of such improvements, by general ordinance appropriate and pay toward such improvements out of general revenues the portion of the cost thereof which would otherwise be assessable against the same in lump sum, or, at the election of the Council, in such equal installments with such interest thereon as the Council shall determine. In the event, however, any part or parts of such exempt lands as described in the preceding sentence, 16- 5 M d "J".., If L-1, c i "i,'Itotp r o v la, � � I-- � I � 4-, , I f 1:'D ,v, a le t"IIIi le r e o f s'l',i a 1, 1 be -a "r*� fc'�-T e r le f or and up,c.-,,:�,n ac,!quis itikc)n, �the uaner s"h,,all. ccni,�t o f -L 1-a,fe "r . ... . .. . .. (1), wli,erc,� the valicic-- �,'0<1,7 I , 1, ic lza, i, -i d, w,,* t, Y r q for rJr. gYLt--(, or mw a S C, I i n con, P pu'�Jrll � 0 s wa-th " sk, t, c J,-"i,"i �i, Ti e J�,-:, '11 it:",; t r c �s, t.:I-1-ie j r ulv le �T M d "J".., If L-1, c i "i,'Itotp r o v la, � � I-- � I � 4-, , I f 1:'D ,v, a le t"IIIi le r e o f s'l',i a 1, 1 be -a "r*� fc'�-T e r le f or and up,c.-,,:�,n ac,!quis itikc)n, �the uaner s"h,,all. ccni,�t o f -L 1-a,fe "r . ... . .. . .. (1), wli,erc,� the valicic-- �,'0<1,7 I , '1) 2. le assessap tr,,.,-)ge"L--1aer w,,* t, Y a i: , y s ev ,. r, 6 'Fiv'",e cl.:,analgec e fc,'14�.,:'�eds tl-ve x 0, 1 port, J. lo, n, of the cc)st of tlmzn,,1vd ,,r. IIN hAch vtozald. Mf othanin..'i,;l�c be '1) 2. le assessap za, r»»,,, a t -i, e le x,�� - d, the cour"ity sl -11, a ;err,, y 1"", Tivr, c 'n c e t o ov,?Iner or (2� v here t"11111t. �,,vl ""1, 1 u le 1, S lesc;, o is �t'111 I" S 1 0 f C, 1'142! C!''C") f ruipnc M If "k) o r i -i e I would o-L.,'hervf,,7,.').-srryre be ass,es:r�-,a,blc lc'?7, x, a n,,d s th e vi, a 1 il e i(.w)f' tl-i,e 1a,'r-,i,d slifi�--ill 'be r 1 ait-id tl-ie ico,�iint� 'Y 11 1 s a P I f* , W, a, U. I Jt pay asse��,;,s,,i-rn)il� as pr III c" e lid herei.l. j- i,,4np r 7' 1 T" Ip.; r e a ny p a:t- c), f r ENP c V axiy st"t 1-'i proper,"�,- -,,,n'd rc) se ei the o is �t'111 I" S Lr.htis o b e "k) o r i -i e I 1,-�. le mc) i, n "t, , Y III e 1 '1 sl-) If'riave -ti-ile same of alppa-,- oval"", or p1,-ri&c:,.)t1es,t iats, th-uu,,,.gl"i, the were 1::,1'11,fe, Adm ppoxtionc; lowInier, of tl",ie p'utblic or le,;,sr. n,,j,,,:,:)te,d. 'en - 1 -and s,o krivolved, A s, to, 'ch e;>,P:pPe1-1;�n1(.3 s,-ia A.-Ure ffor publ" d Ji. c a, n e,. x,e,i,,n1 �?, -t I and s aY U -i, le c fo, t.,:i n, y s Yi, a 1.1 e-., n, 1. le d o 1) le e i". in] 'Ll"I"'S e id c�), ta-, t o f s t a t le JL . . ..... . to ine 'by revenuifes by" appropri'atiflo,ir"is 'to be in,z�aid,e Urne I I to UIle exteA of f 'f-L.,,y pier cent. of all assessmr:-�t-its re-.,gularl Adm ppoxtionc; aga person,,, oir, en,,,.,,t!., ies,,. �,Ji, c are plc'axl-t,�'. of' arly lan j q,'D r ov i t d io", s �t:r-- "Ic t or f ronta,�,.,lfe i ov le 11, 1� t an. d a, re e x le mp't led b, law Y froi,-zi tliie payn,,,'Iten��t of sucli lce w Z'1�11 r J e k �,i x s e c, I f u �th e S 1-1z" '),,,:,)e li. IS(., ,r, 1 ai,,i,",iount, of assessme,,x,'vt_s, reg,,tlzirly algal".1"'Ist pub.',l.ic .11,,,ar�,:i,ds, are a, pa -ti -t o f w,',111 .1", yi"lp r Ov, ine 11 1 c t o r li It C,� 7 r,"y . .... i nc'm urn v,w;n :'Ll" t"),,"i e V �, V,,L r , or in, t."'he ri f e e a t e a i -id, cl-,i. a r- e >lc: 'b� 0 'Lhie Un States,,,, or b�,,,,r ��t ie coti_,i t,y,,, cn- f or nc) t se t, as."Ll"Ide "for y L,,'l ("D 111 111 ")k E�S 0- r :c.,,; t re t a r e a, �s,,; o o tl ':�i e r c., co,ii.,im'l �a r o.r, 11 L p,,!i, f c, .Y P V 4Z 1.., , 1 Ic t L Ca exe,�, e f 'r, c) i i t s P" e d tlt a s e F- a i, �Jc 1, -c laric f r ux:n a szci, ri t s s he r e ji. 1'"ji �,r 0 :1, i,,ix.�trioe,,, n 1::., c) r lam y pa,� c (c:) f 'S r lr� asiled after tl,-,,),e 'I of' a 1 1. , , ,,, "y li�,a,d ,If U-ile 1!�;)vry bc:�,, e n �i a,, "Y'll., V111 d st r c t. J )17 "Jr t e ,g ra,� n t :'Ll" t"),,"i e or"�i, e ca s e il:,; "",L,"A I 1'�ll i V �, V,,L r , or in, t."'he s liz I. -i., ass,i,..,,rz,toe t],'(,i,,e tl",,i e d a t e c,f c N'bi s i,,,a le 11 piayr,ei,il't.':, o:f I I Gr lea,se J.:i"I t'li,e' mam",i,er as 1 1. , , ,,, "y li�,a,d ,If U-ile 1!�;)vry bc:�,, e n exernj ted fro,;'i'i assessrr,�jjents ai"),d as, Af asoce, s. i'� t,s appo r t lll.anab 1 e ,EMt ic ,jo aif.,,, �i s L l!.Jle pro,i:)ert�y liacl 1111111Y ` ''C' so, Plia. I . "" � � � ,,:; 1A n, Y,,,ic lb,"nielits to, c "-i, d a :in e o, f 'sc;cal e ox:� leeise; and tliat aLl. payn,ve�,rits re,cce,J:5,��Te-,,,d frc>"n.,ll Su.cl(,tf, ,,cu r a n, t, er or 1c.'ssor,, w,7�), t:l 'i, je c as e �innz,y ✓'In e s'l(,j al 1.. 1:,: e p a .1 d 1, kt,,-ito 1, -,he _0 sectifLon sl�iall 1,:),le ta'lc,eri, to prle*ud,:i,ce anj,�r of JL ti","il) ��u rs, ri, t e froll:n�u, f e �),, a ss e s, irn,e t, s Cr 'El St&�t,e,,, lxuit tl'.i!,e lat-Ler sl,iall 11'.)EE! Et, "tl� (e cl to tirie rj,,.�c,lj''],,-,��"i,,��L-,,�,,Ii,-"M- of crut i,VW ty on, asicilessn,"ients so, a,, SU'lnriied... Sec. 6. GENERAL POWERS OF COUNTY COUNCIL Any provision of law to the contrary notwithstanding, the County Council hereby reserves the following powers over any improvement district proposal, whether County -initiated under Section 3.1 hereof, or initiated by petition of owners under Section 3.3 or 3.4 hereof: 1. If, for any reason whatsoever, the improvement district bonds authorized under Article 5 are not sold or cannot be sold to any acceptable purchaser or purchasers within a reasonable time, then the County Council shall have the power and authority to terminate the entire improvement district project, or any part thereof. In the event that the project is terminated, in the case of petitions by owners under Section 3.1 and 3.4 hereof, the petitioners shall be responsible for all costs incurred by the County for such improvement district. The County may assure such repayment by requiring reasonable deposits therefor. 2. In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance under Section 4.1 hereof, the County Council shall have the power and authority to terminate the entire improvement district project, or any part thereof, if it determines that said improvement district project is not in the public interest. 3. In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance under Section 4.1 hereof, the County Council shall have the power and authority to require the inclusion of costs of off-site improvements such as roads, water, sewers, drainage, which may be outside the improvement district boundaries but which service said improvement district. In the event that such costs are to be so included, the appropriate resolutions and ordinances shall be amended accordingly. 16-9 2 Ir ) B 1111 B, OTP,1`4 E B 0 "L N T Y ,S II of s�e pii-,�t,(.Yv J. ii,',d e d :11". It,er, fhe (,,4.ounty y11,0 -Eur,-L * lab],,e foir- st.,Idhi s "th d s a v, za- S11 I,C-a 11.1. 1, IN u. of rp c"'!" , 1: r,e o"'.." S t '0 1f I-1, g."L n, e C-, ri n g J-, n VN A a n g e c�t',6'.]LIA, -1. 1,71 C I (Z"I "Ie tfivt a 1 s za 11,r :n ."I'L I )l "I""n")* p E, c) n tip ,,,per', i: -i, ca �:,I, 1-1, Mj Ji - r"i,, s p e c 1 471 A a n, d ,j,. n c a s e o:f a f r cn, 11,:' 1 c -f- e J. i 'r, o v c:, e n in tbe ca, r;al�ll IL c o s a, s se e a g a J. n s t 01 -ji, Ji. g o r c r () s, s si r, e et o;re .",, c)r a r ,),v e m 1), "t d,' s t r c -t t f czise jc,�I an ar'c he c(:),, t (::,j 63)wm,"] -th. e L:i, r e a, c.4 n b o't- h, s c."'t S za -t 11, e --r e i �c a,i e jt' IMS ('21 'hie �Ir. c "..J."O To"'I" cros, st,reet or c,7z-�ie-ha '.1 f ir,,:�,) 't -A a--r:,,rz:-�,�,a opposwoi"t, .1, f , , �jc 4T* of 'w"-iy ad"o,"n' r.:i4d th J (:�N t::%, a,it-id one,--th,,J'.r,cI, pexi,11- 3 m3 -371,"."'I .dWx.xrvwn "t o f tl""i e to L al co s -t o f ,err, e x-�ic;,, r,,a r n g e c�t',6'.]LIA, -1. 1,71 C I (Z"I "Ie tfivt a 1 s za 11,r :n ."I'L I )l "I""n")* p E, c) n tip ,,,per', i: -i, ca a c g a, )"ngk a, .1. ili Or, g e n er a &ir-id upoin. or along, all o tl,�Ir �yj 71 S c),r, I'ljrT wre ex c, e p t vv],",,i, e r, e ,J-vnIp" c Ve Wl( are it, a -L� ed i n J,,. t1a, 'u. n,, d,r,,:,,-!! r, e, ct J. o n, s 3 or 4 of Articl e 3 prov , 1,.,d,ed tha t in tbe ca, r;al�ll IL 0 f Vn'� , J., n o r g,, e n, en,rr a, 1 - t aa. o r o u g, h f a, r e a s h, er (a JL Y,,,i af t, er the cou']�vtux 1 asstu�,urvc;,,�;� a,,i,-id paav- cpvv1t,,., of ava"er .1ablie D.,,inds Y;' ''a all cos �c�i, ,o f a c q tt 1 r il-,i, �c: aI, 1., .1 r i, d, e ic c.:;� ss ary f o r r o ad" w a y, i., -i,, e x 4 c 0 S S f s, Ixty f et t in %,v, 1"d a.1-31. Cos ts off ,pa ve,),-nent J.n elIxcinss', wx f twenty in provicled fuu., hi i,, U shall be I ztw I f Itthe ciui.",ttl, ty "t'O and pay out a v 11, 1. i,, 1:" 1 e f 'u n d s, tI-,)'e cost of N, j, an,�,,r s "L-. re e t o r I'i g"I"i,w&N J., ri, a n, r i st r,:i' c t wherie t-'h,ve.�, of consATrr ruct.".01 1, c t 11, i ocs s, x, c r I 'to 1),e "f- "I glt-1 c", "NII wi dril en,ec,"I C e 1z:�,'i,, Ir tjii,,am,-�,,(,,-r prc-)v.ided bjr th,"Is, c'.,iiapte, A mm J. n w or (:,eneral is a,,,j,,,,"iy �j j , �, I I IL i ri,, a xl,, y -t r a f'f JL' C "I 't-,( d,, tic) nni,,,,or cz-,. -I'i,.,a n ord.* street or- hJ',,gT"iwIa,, actg Y e r a., ge'n,era.`]). pti,�'bl,,Ji.c or, as a gen, s s, a r y ic .0rl '�horrc)i),,ig I -i I rz FYI (""N dr 1J, E t"Ov'C' 1aaw 1, J'y i. vlwr or n,a,tu.ra.IA,:y s e pi, r a `LI-,,, ".. d "OP 1 o, c a, 1,i, t -i e s or, s e C'rL i. o Y",i s o -x cou-z"'I'),ty WI] 1 1:,-) (cz,� lb e s t, s le r vc id,, a nd to pr o �'t e ct-, t") 'h,, e c (,,::xti� nMA-,j ),,,,r o:rn f(.,)r dai,�,rtiagiez fro,�ui surfz:ice �wa.-Lers, prolvIlde for the wr I. n- 0 ","i J.,on c d.'I'LSpC,S�':L, ,)I,f storm wa`ft:.,ers pmvlNc rocle,(d.,ng, X uMl lip 'd. 'I Li, 11,1'-vc " e iri, e n,t p r loc cn, a ri, eride,)-Itly", of a'n 0-i e r 11 ."10, ko P c","),le o r a n Y, a :1.-I t, 0 f 'It e c 0 s -t, tI-.i,,,e r e:!,.,,,o f e 1cr e�s, U, p rt, 0 1,it �t o f a v, a i I f uri d s or as s, e s s th, e w lin or n, NYl� I., iC�) C', I S, I., T,'j g' there of the cost ther"eof acc�or,r- I,o 'thc,%� pl froxii, amd. "In ��LTie ',rh,';,i,an,irier for, assessriz,,ient,s 4 (,,)iiezii.e nts .f,r spieclal .1 1 b e I a,w,f ul or the co:unty,, Y to assulle cind Out of' availz:ible funds, all or &ti: !;i r t - Y p z o, f' t e o o any vvr land requii,retI, for any 1 11 0',ri s L I, s C'11 a u.,)"ider t -,-Tie pro"%,r." s of Th,c:.w Go',t,:,i.ric.,:!i I IDI 4� e n e �,v e",rk JL n J. ud,glil,lit-�,l�,�,��",,,,,�WIMl,-L--, --`I"�,ie of' ti-,je -x cou-z"'I'),ty WI] 1 1:,-) (cz,� lb e s t, s le r vc id,, a nd to pr o �'t e ct-, t") 'h,, e c (,,::xti� nMA-,j ),,,,r o:rn f(.,)r dai,�,rtiagiez fro,�ui surfz:ice �wa.-Lers, prolvIlde for the wr I. n- 0 ","i J.,on c d.'I'LSpC,S�':L, ,)I,f storm wa`ft:.,ers pmvlNc rocle,(d.,ng, X uMl lip 'd. 'I Li, 11,1'-vc " e iri, e n,t p r loc cn, a ri, eride,)-Itly", of a'n 0-i e r 11 ."10, ko P c","),le o r a n Y, a :1.-I t, 0 f 'It e c 0 s -t, tI-.i,,,e r e:!,.,,,o f e 1cr e�s, U, p rt, 0 1,it �t o f a v, a i I f uri d s or as s, e s s th, e w lin or n, NYl� I., iC�) C', I S, I., T,'j g' there of the cost ther"eof acc�or,r- I,o 'thc,%� pl froxii, amd. "In ��LTie ',rh,';,i,an,irier for, assessriz,,ient,s 4 (,,)iiezii.e nts .f,r spieclal .1 1 b e I a,w,f ul or the co:unty,, Y to assulle cind Out of' availz:ible funds, all or &ti: !;i r t - Y p z o, f' t e o o any vvr land requii,retI, for any 1 11 0',ri s L I, s C'11 a u.,)"ider t -,-Tie pro"%,r." s of A�� Nw� w fllww1 C nE P r oc c 1,.i, Y, e s Sec. 1 RROC 1" 1 -1-1 LzE,11, .,R I "pa n lon rec" :Lxj�: TT',ie CoL,,,,i,,,t"'ic 1. sl-i;wIal- I wq.'r ]'(, 1�:: 0 11-1v L ver,i ot nmo re il,"I -'i, "i, -i one readjill-�,�(-j foy"T its ad, p'ti,'1',,i,,,)n,,0, t,he cl�i,wwl'.,ef e'r1l'gkiw',,iec.�,r,, d, e a r' tzTnent of p,,,-)ib1,LL,c wt rks, -�,[::-,o a,nd report--, �Lo 0-i.e Cour:kc *.1 r)r e I "t,�,'iar,, data vry u, e c c,,), s t "�t he c'li, a rg UIQ d p propos cnd, to be qrr)einLed, the x, or imprium(,,rry cc 1, C`1-,�e c',�h ar a c -Ler c, e;,< L.:, e lu", C"), f a y 1 '1111], 1 e i,,,,e, n1'7,,i, a, proposed, (""' a o,r: a " ver ev%,T a ""(i, d, b e e c ess, a r y It o e a�n, ax�.Ta K." 'I JL 'i �,, r r:,� o f 1,"71 d, p r o' o r, o s t �w x:I �z'):; I 011"I ari,,d thir est -i'"""'11, c n . ... .. b 0 , 1-1 (:(xf th e c o st wl',�Li c--, ti,, Itf) b r i,ic "),y "t,':.' i I s ff 1- 11 ml t S CD f e nov .w ver n t, tl-i e recojtunen,j� &,-- to fo un d, a, r i e s o f t1"i cz;i rovleme'rit bo px,,fop'osc,,-,,d, zaxi,d any st,),�,.,tb)" d, s t,, r J."C", ox za-izes th,( as, U), d,"Lfferfe'rit and pc�)rt.ions of vry u, e c c,,), s t sl-ioul,d 1) c'li, a rg UIQ d tll, e e�,, -Li'mi, 'ted, NXy cosi of t`li e kly r cz>v e "i 'tlie portions (.,) f th,( C, 0 S 't, 't 0, 1 E� "b or'i,-i, e b, y -t 1",),e D, 1, ru and t,he por"tif"11,011"'If'S of cost t�o be assess,ed a. at,,, tl-ife 4p wry,,, "I I r 'Lanc,"Its s.�vY711:1-lif ,,p e aJL,-,,--. . .mug ..... vn the x, or rr IW 'i, t:: o f a s s e s c in e t -:.o 11:.),e it�,,a,de aga.2"'.ns tli,c proper -Ly, polslec,�.,I, ay",�Icl, to air -,td C -i11. sary ic-�,r �clza "t-, a d e �t a, s a a Isp �,eCjLf1C,a'Ui-,O11.s fo,r T";(D 1,�) I'll,( 1-11 t -3 r I n the x, or yl d d.etaiLls, to a A.", "L, , ;;� p� lly, to. Tl:ki,,�r= so p, r 7 01 4 w, be; ac`* ll,,:,ed i,."pun iiant.i 1 om, a n d, -t 1:-i, Mio 'III f It of t`l�.iie satri,e "I"mis elape eicl frum t'ille o f t"I'li-Ill rns f " 1 " we, e 7) JL ix"n ro,'7�.ire'lil,,en S- tl - e co n:.- �u n c :,), varnen 'tlke proposied p t J."ir, �v L; i r"I g o r, xr-i i�, It a I J. a It" 1""j, Of o n d, u,i IL"I", ISl, lo, f ca w a, tic S, t�,E`lll or Ie I., y P :;pes li,ydr;,a,,,rvt.s, 'to be ulsed or any" a, pl.,'' l,"(1:13 J Ig orr d JL r n g a wa t .Vu r is It �ppily,, 'Llr,�ie f e.r.grxiv�aer vN shznill obtai,n, ter,,ji,:,,t of Yr pl, ter i s a n id es t e s :f o r D epa_",r.:, t ri t o �f V�lz " Ip T, p la i, - "All 4 il� Is u c ropai: ed, ter sy,s"t'.'eyrn, ia,nd en,g,.'I.,r i � c � c, , r 'D cm- y plans io:E' �'j r,w I.: I'Ca"r Irli A 171 proposed wl.11. ax,,�ia.blc r proposir. d, watel,:�, ISIURP.I.-Y, t,C) ll,,azke its plans and f e --i, yl re 11 J M, n a r y ,i,,A,a��te sucill, p s,y"stem,. Tht ch,.']",.ef sl iall, tes o J - �I;�,;',O�')"' , �', 0, '01 'h' n plaris .1"m n't- -f expry - IN I I report courtc,3i.1 S -ion requiring one thie cat,,..,inc -1 �i r�, t -:c a id c),-,,,,p,t J L e f an rc),',v,et r ea d ':ti,g f at I propo,,,�.. e WW or a, yn,,�mm the stri,,.-O.,�( -tsi, d.r,a,,,i,,..,n,age, Isair" i'tary sp(.:.,!,,c fy Or L7 -#, ,,e werz,,�.i M sys",,tei,a"i. A:,er systiei,,,,'n c.,>r str,eet 1:LghtJ,.,Tltg cor,,dlb am a t,i o n U -i er le o I` t o b e o p e n e id, co, -,zi, E!";, cl"I-1, e id, or o V E.;" d, th e a re a er s �r; (7), f a,,i,,,, as aiad general, amd, loca,t,,,ion of new, lanic,:'l Ito 'be acq,,i, rI �;! :),Lf an�y; t.],"l,ke imater,"I"Lali. If proposed 'to be ulsed I'l, .1i e f. 011) q ,,w p ]CClPC')Scl_,'_''cl ImeLli,,od -4 of a,s,,,,(,,- '3, 111 G I A J t"I"ie iai,,J'.n:il ntlull�i of• p,ayji,.i�,ent"s -to be pr o wry o s, e t''I',"ie, 'n'taximu'lln, ter,,ji,:,,t of 1-ron,,dis to ),,.:,.,)e iss�i,,.,ied renres.emt uBc ui, i,� a.ld �p uUU late vu c,,,, e st of r 1"') bo rn. e 'd ri the advax,i,,,ce "x e'll"I'l,U1111 ]CC11,111"("'I e pa,�,i b�ir c; ai`(d T") o is - tI.,i, e P u, ix d 'to, I,) .. ..... . . -t'l"ie call,)-., axad r le d, erc�t J_-,,'.i o ri c)l f a 11-i ,r rnl 5 T ':t.escar,�,re f�t.inr.:Jl Ibond o J" 't s ixr,,i Et �t u r ity, C; A 1, pr,,j or c ,,,nt el, I IS t h e. r as se,tv: fort,h in, r e 3. 3 �,,.:>f c4l i� hr:�,f o',1- as o,�thlerxio.r,,J,.�7,e by t'he Cc,,),lj.,,j,,nc i" t,.,-.he genzri ID"elf,') U1,11, C3, a ri", e s of .1 - 1 t'l'i, e d J. ;w. t, r i c t o, r f r on, -ta g e bf c' J, c "It', s a d z ili, e is o b e a s s e s, e d aand. the L e d mri, o fr` a s s i,,ir�,ie r',�I, t', L 1. rrtay 3 71 1 e Cc)cunc 3, PON -),,ed 'by, adopL 4--hie .1:1)'lans z,,�,�,i_x'id e is,Li iri�,,�ic-:at e s s o f il i�,, r mil is,T (..)if Wal-.,,er S'Li,pply aimid 3J,['-fi, tl-ile of -t,-1.1he csm n 'IF,1 thL, e p c-'a" n i d, e s t,.1`1'JTl L1111 m s o f ie D ep ax t'lTt t e r I t oc, f g.J.,, e rer 11 the avz,,�id I Ce� i(:t,nc.,,;. % a re i'l,"l, �cl 0"", P, c_, d D, WiF t,er pli, S, is Ta b e e -E e r r e id, to w�,,id 111po alt e d b r e f e r e "i, c e 1`1 SALICTI V -c' r (I t I I nc: f e,--r,, t o a nd .3"L 11c, 0 r(.,, A. a te b, It .1 01j, C"D, "'Icl r e so "t LCAll 110 If h, e :r S irc: i"7 dial.",z r e t,e referiei,,,�"icve acitcl"n S, s aire approved, IDY t, e C u n. "'L.1. TI"lle by cli,"`L�I'Lef e:171�1,j " n e �r,,.,r ,r e L';o 1U 1::. 3 01 Is �i a 11 al is io, a dzi,,,-te of rrmbl.,Jillc X i n, g uj,,-,> on, Iri e I Oh. cli, d, z�!i, ""-,)e r�iiot.less tz,n" p,roposed IV7, 'L,i t el sh a LI., 1 ire, i,. f -1::, e en d a, Y s a f l�t e,r t1i, e f JL x.- iic,�, "t, pub, L ica�t,.J`Lon of ce thereolf a s,papler rmid ral cirmiliati�ion, lin tli,e icai.imtty'. of gem A f er --t 11 e adiop'ti., cm ck).[ thic.,z) t1rie countY c1c-'rk, t, c), ble 1: shall. cause a niot-II.CE", (Clf. -),,l s),,,iied. 4 i o n, s izi tw,3.,c,e a, welel"Z f1i 'two Wee�kr,,,, aHmmu VNl)Gl a of genic.",ral c,1,rcu1'3.a,,L1 on i"I''t th,e cot.,,mty, OP gei"i�,era.11y, to a,] Al". iviqri,,iers, leis,,,,Niees, and olCC1.1,,,-,),arv,(,s I I 16-w 14, c a (:')t 1,-1 e, pr!Irllrvll 114 , '%-) 1::) e I s, s e d a tr' cqu-ixed, ai 1, t r S ,w mm e r e., e �l kr�i t1i. e general, pp r - , 'P, ""I e 1. y pr( pusr,,A ,a,s E."Id o ,pt( d 1::,,�Tyr t' h 0 1,11" Ill L, I i n r,,]. s L� t .1. 1, p L, , g and c ."1W,.o f ,p,ub,)l-."J-c.. l,,ie(:", r,J-",z-I),,g- ,and Ivffier e e re n, and and, 01''t'll'Ex da:ta ixnaay "I")e ee-,-�,,n E),,x-n,,nd p r, 10:1: t.licll,� N IIIA Atlr'ic, 1"ie,arinu.gs,IIII W rwut,,ILCIEES Sl"1�1`111 "I'Dr; P0'SV't.E',.t.1 lea,rZ-Vt, da,mrc'� to "rteI I �� pp r - , 'P, ""I e 1. y c- \;r, rz,,,� r y 't I 'h�0` dred a�zid feet a-),-,ong-- the 1-i orI, ys a pro, c,sed tu% openecl (,,-�x P uu oh, Jl,/eIl'd,#.l Pi, S 16 m' 1, a r o' i wryc,�, e f p,t,,,rrylbl,,'-c �. sh,call..l., J."ItId' miuw c) 0 1,m c r s tc Fscatel.,11arcv,r",iio,,,J� c c t s o f 1 a,,irl d propc')I,�,,, ass,essec.1". at,, w S, r r ea r 3".. r) S,,a d no 'tJ ILCED�, c,'il"i, do -roc II c i rl It 3 n a, dc. J. :J- lV ol r), t o iiir II ve wnramer e. r,II ,ia t e r,J. a 'l. ('03 I'll, t a e (I lli.,n. tlI,"i,,,e and, osted r "i lo't C S a d e s c f th,�, e p p ro pe r t 0 f ler If .1-e sz, le,iL--,w.,Ir of 06 set forth mall'u"i,.,c%ixgi,as to e,lr.iall:, 'J.,,.,Ie sucl,-fl orI, s a Y'i'I t,I(,.)geL,`l'ileIr w,.)L�th a tl,�i,at tlr. ie.,� prioperty dercr,.`ilbec,,-.1, u:,i s a.1- d xi, o ti �ce is prci�pos,cz�,,d bz) assI�,:::.�ssed pa� f or zi, IYU p I� i on o� f or' the cos't of thie propo,sed .111"I", P rI,Iuu r .wuwv . ..... . . 1'ir�'li ca -I s e, of a ;Z; sa, err.'rh ting t d,.r a 3,"-n a g el sllr�z-,�wera,g,e, lv�,"?,aater or, in propc),,sed tc)� ",l" -,le or ,.ri , d "", � �. e p �c, n, d eri t,,],,,,y 1 "), 3,nic 31 �Z, -1.,'tsly xi,otlices p )st& c,(:),,nsp,lcl-'l0, withixi, thIe or ftoi-,),tage to a.S,SeSSE�d., tT,,(l(,,',"'l, r,,iewspa"rper and a-]ngl' U-1le C"31, a e f 1 1 e ("I w V, rr Of improv resr)e�,c,t'i,; r, drew at, tlie "Ir E L mm., 0 f:i,-na�t"iclal as lr�,ias "been " specially, lolyred it'l-le Go'lIM lut, c " J. tio a S S "'J"i t o c d,.3`,' or veliho may lo-L::,],)�,erwise ,n i vd tlie C aui, n, c I:.) e av a, i ],,,,,a b I e -L c�) th, le C o cil a, t th� e d. ',i L U (,),f 't"he D.:,�ixector of pon tTi,,c.,a, advic�c, ax -.id, rc.:'. f S :11, 1"', 71, C.", I ,,"i le c e e., n i n e e r Jax"i al, n c e or, o f s u c"11111i a, f a-1 c Ol L D"I e r f o r r e s r xk,lir n�o f und J, J,:' i"m y si,-,,ilch sun,its, a is 11, -,ji� enJ vu Uu 'I Ic r, lcn, n,, ic, 3.. le s n Nr' rlid d 1".. S c 0 1 it a,",L I.. ow a, n -c: s ca:,t, d c lo S t'r 1". ci, 3".. 0 0 n�, t'= 0, f wxnunt to rol"ect cic,st wad thcz'; I be assess,e.d, 1.-.Tierefor. F" VIII 71,11c)�',",' '(,�l 5, S c I .J le, lit 01 Ax"t >,;vner Of -IV, T Ni lopert-l' to alf. sef'c'il: (,,, dw'nrat cl pniILII yry' MI or 'to, or at tl",ie p..a`1,,-,) 1,,.-L'c, heani,,i,,i,� f 3 3".1") 0-ji-Ing, wif,"t the Coux�i,,,c.l 1, a n:y, p r cA', 0 St '0 c.'-mys, t ifon. or i 'to t1afe proPozed s 0 1.01, r REROPI, i Cf I I E0 E, FZ, xj",;.) r E,P a 1 .1. n, g le r., e poj,:-11: - le c "i r X e d, 1), C. S c t.""'L o,i,,i, 1 1-irc:,,�,reof 'U've chic::,,),,T engineer fr(jfinf,t,z,:,)ige or aref� -L-,o be iiasL MX,,3,esss,led for c,ons:'t,.,i-],.t w JL t, h th Co�'t 1D.I.-re c 1::', lo, r o f 'I'P-inaioice or i,, 1,"l, C11, 0 f:i,-na�t"iclal as lr�,ias "been " specially, lolyred it'l-le Go'lIM lut, c " J. tio a S S "'J"i t o c d,.3`,' or veliho may lo-L::,],)�,erwise ,n i vd tlie C aui, n, c I:.) e av a, i ],,,,,a b I e -L c�) th, le C o cil a, t th� e d. ',i L U (,),f 't"he D.:,�ixector of pon tTi,,c.,a, advic�c, ax -.id, rc.:'. f S :11, 1"', 71, C.", I ,,"i le c e e., n i n e e r Jax"i al, n c e or, o f s u c"11111i a, f a-1 c Ol L D"I e r f o r r e s r xk,lir n�o f und J, J,:' i"m y si,-,,ilch sun,its, a is 11, -,ji� enJ vu Uu 'I Ic r, lcn, n,, ic, 3.. le s n Nr' rlid d 1".. S c 0 1 it a,",L I.. ow a, n -c: s ca:,t, d c lo S t'r 1". ci, 3".. 0 0 n�, t'= 0, f wxnunt to rol"ect cic,st wad thcz'; I be assess,e.d, 1.-.Tierefor. F" VIII 71,11c)�',",' '(,�l 5, S c I .J le, lit 01 Ax"t >,;vner Of -IV, T Ni lopert-l' to alf. sef'c'il: (,,, dw'nrat cl pniILII yry' MI or 'to, or at tl",ie p..a`1,,-,) 1,,.-L'c, heani,,i,,i,� f 3 3".1") 0-ji-Ing, wif,"t the Coux�i,,,c.l 1, a n:y, p r cA', 0 St '0 c.'-mys, t ifon. or i 'to t1afe proPozed f .1 .s il,)r,i-e ly lvi rrezas,on the r �c f or,, ori, pret,(�-lex'vt j.. n P le r is, the szri,lme or a at t t'lle p(t,,:i,b'11-�"ic heard.ng. I f fifty-five per ce,r ii t o f ��L: h e property ;Of to"tial, fr(jfinf,t,z,:,)ige or aref� -L-,o be iiasL MX,,3,esss,led for s,,ijacla J il,�ri, the p heax.ing or pnw -.-J,.,o,,x- "theretio, 11 f I]LO Tw*tl-i t'l-jle Counc.71U., 'vv'r-Jitten proteirs. LI'ls dviJ,,y ackr,i,ovrledged r�, u, c. 1, 1, y. oi %riir'ieir- ZD 0 a in,:n t: "t-I'l-1,"li e nia 11,11%. i I I a i.g R I or o u. pry ��Lh, e r e:Eo r., i e p,],.,ariW the, saine sliiall Tiot lz,,�e i�,tiacle contrary, 't,.o, 0"'1 le p r lo es t f th e if S z":1, q lc�:� S 9, 0 J WA Z"".'ll'i le r le s a i,-iri, (z, i n f a IT11, y E. . .. . ... .. 1.e r",icc)t be s1la,"1111 I no�t'. J a,,,i,,,id,, tl,,i,e mc),ntT:,),,,s f,:r:,ori,,t, 1::.Iri�,e dat_,c,:�j� clos,11"ng t`lae to 0 t� � L:1.�'id,raws pr . . I ..... . � eacli lan�,d e"vvcry c'', p o 't ,b s t,pm A.'riy lesserz,.� of' any property tro, 1-,,,e assiessed 'li..'nder cl-laptcNir 1111 p Mtl 1-1 ie c-;1xpx-ess of ')r�'1J`J,.S eca,,�,E;e MLIA,3t piac;,Ir it' 11"'ile 'P, III of .2011 I'll '''ted, to [4 '"7on'tir-i-T,��'t I a t', id 1-i, gyp "i", S c", a s is 1 �r I i'l, c. all th�cn�%, j,. -J-.0 S'ul,�",.-%, I., IrN t b f,'. 1, y ji, J.ng J -,,,j -,'i th e h le a, r J, "i"'i r j aa c e r J 1L:,rc> z t i,". �f a (a coC)"S'), (7), f h,.J. s J.ea s e C ov:m c, Lil, p"r.), ,,1L o r, ("�, 7.4 I c t-.,oge,tTvr,a.,,r wil" c ta t "1" 01 1 10 f t he L) o o 1;,.). a riIc,-x C -A page of th�,e p,l(,,,.,x,,`J, r e c o,r d o f "th e s a, 'IT"I CL�! I.I., f 31.1',:-, 3. c,c,,)r d, ecl d c, r e If w,:',vy J,.escz;�(,:)x be assessed, sk,111CIJ), ],.es el, or owi,,,tei. of J." b f or e f I . .... . . . .... ir'riay', alt a,,nl,,r t Ig p d 't::, 1�4� e p r�, c), z., ncy es s �c z: o f e ),;t or (.1),le :rl-j g"]",-1 -I: S 0 f , I 1� �0' ,� f "A I '3_ 11,9 W 1. S, cle 211111- 1, t il,4 o )n c) f f ' 1 e C 0 a, �1_1) p'. (cjpexL ac know, 1. er,,lg,e d of thca tl"ie r ec 1, -e is is irri d a, the Le,:j,slee to, c,--Jpecll1 ass 3.,,. n,, g ]Dy' the 1c",lissoix.- or cvvriner tic) pay the spec.,:1, 'a, 1 t t en u n dr,;,,�, 111- �adi,",� UJ w,r .3.1, A a,ss,c..,ssp[1,E�rrit-, to be imade unoc'].,er the propic.,,),sed Ifle'll ,:,)r ove" p L -v r S,eic,,, 2 10 01 Wls,,� I'VER OF, C, 11, "IFE itA.r l 1 ob 'eic3 to n vl� i" C 11, any ac��t: pr,(::)ce,( occux,ririg, pr,.o,r to, `11.__"te tilll�e Wi 1 lsuicb, oblect.-i".,or.,�1's are pc"-.*��xni ir. ttec.], 1:, 1fz7�, :'i-iri, re,]. atAl,cm -to t.h,e 'WOr 1 'r and lie nianir",,er an,d at t"he L:i rne N. J ISI p .1,f 11*1 ec, b, ""I"'lie n,ot,ic .,,es requixed I E, C, Cxn 1(,ieid, and,, posted, as )I-i er o f a v c:� "b le,(,)�, ac tl., u i y i',itta 1" J. IL r 'by larvv. Sec. 3. PETITION OF OWNERS If the owners of not less than sixty per cent of the frontage upon any street, alley or highway designated by them, or of sixty per cent of the area of land designated by them as a proposed improvement district, file with the Council a petition duly acknowledged by the owners requesting the construction of special improvements, together with the surveys, maps, plans and other preliminary data and estimates mentioned in Section 3.1 in the case of a proceeding initiated by the Council, the Council may reject or accept the petition, and in the latter case, shall thereupon proceed thereon in the same manner as though the plan for such improvements had been initiated on its own motion; and the cost of the preliminary surveys, maps and other data, if not in excess of the estimate therefor stated in the petition, shall be deemed part of the cost of the improvement; provided, that upon such petition the Council shall not have the power to abandon the proceedings or make any change or modification of the plans or the details or specifications for the proposed improvements without the written and duly acknowledged consent of the owners of not less than sixty per cent of the frontage or area of the land to be assessed; except that the Council may decline to acquiesce in or may modify any part of the plan which contemplates the payment by the County of any part of the cost of acquiring new land or of any part of the cost of improving any main or general thoroughfare, and in such event, if the owners of not less than sixty per cent of the frontage or property to be assessed acquiesce in writing in the change or modification, the Council shall be bound to proceed with the plan as so modified. 16-18 Sec. 4. PETITION BY ONNERS OF ONE HUNDRED PER CENT OF FRONTAGE OR AREA If a petition is filed and is acknowledged by the owners of one hundred per cent of the frontage upon any street, alley, or highway or of the area of land designated by them as a proposed improvement district, and by all lessees of any property to be assessed under this ordinance, who, by the express terms of the lease, must pay the kind of assessment contemplated by this ordinance, unless the lessor shall, with the petition, file a duly acknowledged waiver of the stipulation in the lease which requires the lessee to pay the special assessments to be made under the proposed improvement, then the Council may reject or accept the petition, and in the latter case, shall proceed in the same manner as though the plan for the improvement had been initiated on its own motion, excepting that it shall be unnecessary for the Council to give, publish, mail, or post notices of the proposed improvements, as provided for in section 3.1; and in the case of a petition acknowledged by the owners of one hundred per cent as aforesaid, section 3.2 shall be inapplicable thereto, any other provision or section to the contrary notwithstanding; and in the case the owners of one hundred per cent as aforesaid, in writing, consent to the amount and apportionment of the proposed assessments for such improvements, it shall be unnecessary to give the notice or to hold the hearing specified by section 3.8; and the Council may immediately proceed to fix the assessment or assessments in the manner provided by section 4.1. No such improvement shall be approved by the Council unless: (1) the assessed valuation for taxation purposes of the land to be improved is twice the estimated cost of the proposed improvement, 16-19 or (2) the Council by resolution finds the appraised value of such land in accordance with prevailing standards of appraisal then used by banks for loans thereon is twice the estimated cost of the proposed improvement and that such approval is in the public interest. Sec. 5. DETERMINATION BY COJNCILMEN After the hearing provided in Section 1 hereof, the Council shall consider any protests, objections or suggestions which may have been made or filed and whether sufficient valid protests have been filed to compel it to abandon any part or all of the proposed improvement. If the Council still has jurisdiction to continue it shall then proceed, determine whether or not the proposed improvement shall be made as proposed, or made with modifications, and in the latter event modifications or changes, not substantially reducing the frontage or area to be assessed, and not increasing the 16- 20 t 1"),, e u,, n,.I., t C s seir 1, J"', mad i..xnit of assess',i'in n c o Is t-. p �- r fr ont f o o t I Is, qu a r e f oot J. C"� ivjng i"'I("',A cc�Of a "l',iIrz�,;ar:Lng az ct,ion 1 T'riereol,- 1124 1"0' (", , % "A C), ll"'J" F S I C' E 0 V, I d d su c ri':-,iol d f .1* n s s a n, a -t e r a d ,;;r er- .,s e d z:i,, n d,, pl,an so altII tlie, g(:):rIlel'.-'al. col" I ac�� - If z , t1i e 0" !,11_ t, �3.' () r"'l C p,r o v i dc --'d 1"lro' ca� �E' Ior cla,,inge J. jffl'�! Yr... 1 --'Ir De e r, S,,u,, y 'Plai-l's ai,,:-,i�,d Iesti'n,"i,,,ates 't'�' o ��f W a t s h C . ...... f l�'(4i:,i, t , ,,,.,a 13 ii,�,iade thcz-'� c�'.',',",")nser�Vt'., of s'uij, 1-1 'id Z; J" f r Ie r a Tv er t If 2. (3, 1 Ol j- e i I , af �tei� such n, j im, vor,,, --j r' s a r e id I!,, ]v, -i L 11, r e qt�' i I e a,, r " i. El' I" ,.)l I , e i..*,e f e .'r � axil t l"' "'. t�l o r-, i, e a.t-"'. IL-erri,,,'iines, Ito S g proceed, L "b r e,.c,;;, o 1. it,lt r J, ;.- '�i ig no w, e 31 (D r e,(,,. rinore e a @1 Onr w,rtc,,, d,ef:Ln,e and o o:jr- tl�i,e e s, "I'Li S 'h- th e -mc, t e Yit L aver. .... . st r c It t o b e a, Is, s es Is e d i,e case xt',itay w-IvI "Ifl, C a s d e, If ".*L" n Ie e :xt Ie ri, t, Jr, n, d g e n er a 1 de ta a .1'& s, o f It 1"i e pil r o o, s e d IwVL rovey'zien,-L-Is "P d e s ic r :)ie eacl'�i p a I, , C., olif land be IN ISI alCqu-irer f ,any,,, 4, 'P ion o I cl a re tll E"' pru ort f t'l-,te ccNs,t of tliSII e viAl � " cl'i, is to lo e lc� orrri, c' by th Ica co u z��i s, a f cxr,(�,,,' s, ta,-31' , r,3, ,, the zatcr",�!, tho d of f a Is Is e E,.; m�n en, t "i, e d . 1, a. ri. rcl, tli. e 'k ri-1 o f i, nFa t c r a, l s t, o "b 'L, PI a n y e,s,o 1 u, o n r d. ". r e c t tol'a e c`h'ji- e f tio prc' pare a if,'�na, of tlrie IF 1,:'�) i r o v Ic-',% d, "I V, c' 'y' r "", 1-i s to, ' e P ",W ,sifs o-vt"nig, the-. abult",,ting, lax'id.s, or of 't -Ile 1 0, 1 rov, eme,l' w, we IDe 11,11, r' Urie "I"ILICO! 1, Cj ll I "D ,S pc 1 11 �� " -1. Fv le c 'i�iria 'be ir"', d C) xI ra tc."), be .11, ,,rCAC., a Is th I c a s,e y IF 10 r cl�, :mvI t s z,, r and, 1::,,.he c.",�xact, "I,, " .-d (:x)�r the I. -t ca t- I, 'E"; ,f 1 d e a"', I-, Is LI -A i:3I w, i f 1* n, lz:i ",irl <,-, f c IS U 11 111 1 f 3, , TA -n,'I, r I lc:i. e r-i',m J.., all 1 1, le, ,A,r. 11 le xI a I aa 1.S -LILoxii bel-1el'Elirr2l"I con-tracto:cs',,; ",,n sc) fall, CIO "I'llp le t 1 1, c f t'13- tJ 11 a i"ic.,`t th le s a nI'i I 3 -le d w J-1, 1 p r: r,'i,"ti IL t c.::i, f S L1, C]11, C W1,"D Ie rrai 4, b, y ,r le Is cA iFi lc'-) 11 S I : i I a rll.,Y a pp ro v e id z 1,,,,Ai,d a c. op It le d b y n Ic J" sl",),w. all. be., iLi,sed, as t�he basl"I fil thlV,�,:),' ciallj..,ng of 1) Ids zimd aw',;rding c provide,d r s f ox t � -ii, e, �v,,;Fo r k. a is li-cr e zI i of' a co'nA,.-Iract, or wWuww T,f �t"'hiie led, tl-ive xr wnanrv, OXI It vo c y is t (,,- m. i. I fa f1cx-,, e,f a, lCounc.] . . .... s,"11-11, a 1 i. i r Ic t. of a water J PAI -.111 r7_1 c,= "I by, r le s olll"L. ].�,'L (,"XXII, I ("CI]IL101wwwyw. of Supp,,'I water f nal dr: ta 1. plmr),s an,c',"I', spec Lf 'ca,A- 3, -,,,e c �f )I Tor, C] JL of n s ,r I. suich propo,,,��jsIcd, "i c"''I"fiC f- 1. 11 j p J -a ns, ric., j;:) J, ca N, �I '. 0 N ts 't es 1-j,, T�i dx ant s a, rid f o r aid eq i c". IF i, �i d, F -i ppr opr 31L,, a tI, le c o ri �.L p. Ip oth,c,aux.-Itenanices reservo,Iw�lirs, zjx"ij�d 1)(.-),ost,e,,r 11 p ui,, izt,p, 1 la c , ", wwwl water s,tI necessary for svtf,,jppJ1.y' 17 ("Ind cl Is 1, Y -L pp Ir. "for such propc-.),isied aznd, svuch resiolvit.1-on sha-1.1 al.,ezimo d Ii r le c 'the coh i., e f e i'�,,ig, i "I ieer, depiax-tm,rzmt o�f pt,ijbIl"'C k s -t,o f �u r n, S "IL, D (1, p, r m -t of "Water Supply' Jcc')Pies of the f ",Lna 1, aurveys Iri� A al, ial a nc "I plans cover h1,,-,i,,g, -ILP] I Propose d Ot"I""),er thaii for SlIch 'llaate`r systemas�,zntay,be, n, in' c c s s a, c j,", Twp' t 10, E Depaxi:'11,IIIL ", "L Ja�I't,er Sup I. -y to prepare th. le fW. s a r�A, IS PE"Cl, f lca�t-:i,ons, f,c,,,)r s'i,.,tic.,'h water 14 M. 11 cl.,,Wl y Is t, e rjqj �'J� �� , f"t'.1 i e De .0 'Jl",,, � 11 't" 'L',], t�:), I'v utr r"I., S'Ir-l", 'S i.:I, cl,�l f, til O -E` 1%,C] �J- 71 :1. a -t, d s e cvw f t 1, 1 S so z U, : , cli:'xi i,,,, lt-'T,12- ct pr."by ce a ie e P, a r,tl'Tl izz r,"'t, t u,""! f S`�uplply mi-ir.kir Ok to -Ft it, r s]"'], I'S' ILI a n s It I'S lv J Arwr "S ,, i"f ca-, t a i-,l-cl ec, �E'i.�jnds thi,-,, wrtc uriL Ob l- el: A a to,,tiewrards, �f r "t"I'lwrv'iw U, : , cli:'xi i,,,, lt-'T,12- ct pr."by ce PC T -i, t J,c Rv F."! r ',l e e:i i ri,cJ,`,.,v-ldeld J 'the "t'l, c,� f J, e c o, u, n tly f r st'i,, c,,,, l'i� S uch �l d S t. a, tui, t� nis .1'ra, _0 proc y mir i e,d b',"rre D( pa"j,"I'll C7 a f i nal. and speca.-'f-i., "I So S ","�,pp J'y ,c,) f "l,�,!,,,7a t le s'll, a 11 be ",,thle resoluta,on adoptez,d 'by CouTitz: 1", J- slia""', '.1. be llsed,,�, as s,"'LLs f,c'),r ca,l13*.,Jr'j"g C f Wds and award.J.'r)"IC 10 11 f a or c,ox"'vl,-.ra;c,ts v", t c'. In case tl,�,te ovei",fi:,te',ir Z> S c. -I., e t le r i."lipcin �e, fl -,i, e ly he C ac"gi . . . . . . .. e r-,� .r "a f 3 1""), 'L zzw ",r.i acqulsltji.��,,,'Dll CXE a"ll."'; ri,le c or,,, I 011. J mw on tra c r '),,:,;�y deeld,, tl�ie same 1:>efore o f Ll-� L , ei, fo r o t T), e il:- v 11 �".Jt, 1:-, 6, 0 ry lry,wj "I �,%JAJ "A vv r.lcrr! �f r "t"I'lwrv'iw v s �j-( , T 1, S C�)(f Ch,� a p r, 1 O,J iXw wwvt zl't ii-ts 0dw ', i"."lio"n. ar,,i,,d lin. e oflPr d S t. a, tui, t� nis i'i "lu s e ,coi,-i,,dei,i:i,nz-, Lz -i i., o rry proc js t,(), bel mir o ac q'Ll "Ir e t1i e s a,,r e i L ima,ni-,i( r as b�?, law p.rov.1"-ded, and. af,L(: r the fl'Lllmg of the' p 111 u dh� pfro c e ca d t", J- r -,l g S, i e f na "I a wa r d o f t"I u',I,e c on tr a c -t ma, y be ma id,e I f e co s,t o, f a, c qu J la-n,d exceeft th(.�),, e, S t ."Lliti,�fZ1 J,A. the C( L.11 -IC"' iiia�y, prlo,�,, i'de for excess, cost, i,t la 1"i d h, as 1, e le b -,y general appropr .:;,�,zti. 011 -mil I n, t'li� (,,n &,,;",a.t �tl-i� acquAred b cc,) e rm"i,, a t."i- o ri- 'Y u. n Cle r th(,--% pr ov J. s �j-( , T 1, S C�)(f Ch,� a p r, 1 O,J li,mviza-l"i J` e,vj,, d S t. a, tui, t� nis n d, t 'a ward, iv��a 0 iz,,14, tl-3, e c on d, C!mn, at, 111' 0 T1 I'll, r d µmµ irt�,i, g e s x "I", ri, C wyurt•I-', ha s b le n c d i -:t d f o m�,::) 1"t"i u ri. t b,,,� e a s o n, o �f Otll, er s lewai t,o o t r�i� d r ple ",Illy m V,-�i,e falct t,-.ha,t--, 1wi(fl. of st."I"C"l-"t lar,�idowr',je,111.1 not. sc:),�i-:�ig ��t t�o 1)e co,i�l,l a,, id le rinin cz,-:N; d wou 1. d 'I b c,� n, r:, f "IL t, rl n,,, 't re c t L 1011 f J mi ly P to, be Twzde C-111, the 0- -,% l RK Y it S 1�,a 1. 1 1) e u r'l' 1z f 1 t winiq ai,a 6 i k e y ass le s, :i! rie ri.t s Ont. a g, a, ri, uu lai,,-lid undler SUPPLY ,1:3-tappal ls'hal.]. "i, irt, s t t e ),i a, v.:L,:ri g, z, j�- w 31 0 ut jr st lc �r, e d a, :),u r ,-1 L, f ox:(,�O 11 C11 wlv°,J.se have been, ass( ssed has la,r-id woii,-i 1',d been dedv,�tcted im 't"I'"i,e .11, for `be,,rie,, iZ by- ason of the )V7, Awa.s proposed, si.-I, '10, t C.d ju,� ad a f c on d �r, -t 1011, # ,Sec., 60 IT Ell, R, S "Y' S E M I N S P.1:1, C T,,'11 01,' r 0- -,% l RK Y �" �r DERA,1'.),,Z..PP4EN`T OF SUPPLY- (JTS'11 ("JI P11", AFTER C0,14 1 (111) It'll, C 0 SU"'s SUPPLY ,1:3-tappal ls'hal.]. an t c, r over t 1,)i,, le !wvro r to s e,e If j,-)lro,,,:',)oIs-ed specJ'1-a,',]- v,vmwwrr�tlie icon stru c"t: I'(011,11, or o"k, of a wila-ter as, 0 e D c,. o f jz`o "Water ,1:3-tappal ls'hal.]. an t c, r over t 1,)i,, le !wvro r to s e,e I. 4", s -t-,T,,i, a t t h e a 1,a, S a y'l t; 1i el lclll v e pec- i-1 W1 1. cIlk l"I', t 1 1 a, S f ur-rill. *�O J, and 'i- ,42),fter thile work has beeia c:01 beeid vv Ilan C1,1111, 2 - Jp,::).,!s,,, corid i, 1")iydrants zamd, . ., Ili acc,(� ��. pt - 1111 e -s d, tl:i e lvv;-a t C y, s t eiiv, p i-' U, i", t S thc- �r a pp,:i-r It"',(".,-'! 111,1,a c., e s f o r 17.1" - �11, g Or d 1, s t . . . .. "t,ryry� " "t o f 't h,, e s yst le rn o, f "Ith, e l, IIC,, ,, le a r-) "a x il,,i s-, tall 01pµ d, s "l -.i a. t 2 t r S,,uppl, ari,,�, sr'i!al at. a] therea-,fter L End, ma n.'n.taa-` ril( d by "I't as pa,r",t)�, lof i-ts sylstem.., -'c-d be tized, (,,3p� 1 f L't �v- e ir)'lrc)pr.,,,.)sed, ';,.pec..lal ,li Coll o rwrrr or I M Nr a wa te r s y -,� ... . .... .. .. as afore,sz,,,wj[.,d,, t9lie cif li�', e ir S rd ^tVpip I y, xir� a bt- Ll I , a sec:', C, i ons 10 3 2 1 it rz), ki� 01 I C `2 a nd J X"ll 011, m a r'i d1i r y a I'll, d p ay O"Ll t1l 0 A tS fi.,`ltnc,,l,,, aval -abli,ic,':� for pailif Is arv, e e ."i., n c :i "Ost Iof eng-ii.",ii, o,sc,t L"I'l, . m Ir" s, J -,c) 0 1 pic;c-LA ,n, ar"id to exceecl. awmw i:idi I e I'll, newwa,r'in�ent of ,e eras of ruwvLarc.of the co,.,r,,istructJ on or� pp r e i Sucl-1 V, VIirl 4 S �ly S , I�V" "Y 'rcl �, 11 Sec. 7 CO', uBBIDS BONDS '0 f t"I'l, "rr S A. 1 16,14 'i,,ade ide'r the ,:)j,ri ov J, s,j,,,,, lo ''i is ul�,7 e Ille 1, ch,zipter, coi,i,tra,ct let' to t'I've NH 1, e a n d e liab'l e b dd t'la, irz,�� r Ic f o r �a, f 't e III p "Llb "Ill. C re s, p (.-),,,n, s,.l. ) a d:v r -t, 11' IS e rtr', e It" " ` "N "j- nhl 1 . I is cxr,'lru,�, r,i rr"� I IV,, 7 t", z I )a,um yk ir t"'I C, c, 1 .1, r,i, c L c) f g r�i, e - a, 1 cir'C"Ll a J", :1- ti L 3A, I Ili cc ''),unty, JiLice a Ilk, x"),, o t e s s, I w e c::,t llks aiir, prov'ld,(, ic, Ll I , a sec:', C, i ons 10 3 2 1 it rz), ki� 01 I C `2 a nd 1"ll of b.i ,dwwu d Sta]Lu�,( es The Cour-ic:,:,.ill. e'."ll"Ither I-eit ti work as a.l-il enitma .ixe co,i,,-'tr,L 'I i cl t c n 1, 1'r iin,,vn a ke mf�,ie or iii-tc)re: separia-tiely �for th e d.i,.-''E-,ferei,i ki'nicds of worlic. to, be pe.rfor�,:ri,-ied, or fox� IN IL:iil-,ii,e a i iii., r�rC v e rne ir,i,, o, f di. f f &,re n t ",11, gh,w,a y is n. r is pe c "I"L al i Ic �v e m, e, s o r p a r 1":. is o f ii .d rWN 1`g')'mi"rvvlays orw.Wward �i,-vts to 1,, ),ie ovic ��,,-d IcI:c rc Y e c", n, g N o r o ec,,,,�, d -i b.i ,dwwu uril,ess ac c,(--),,Mp ainl e cl bl;,IF. a gygu�lJ.r or its q 1,,i-ry Ej nt y, f ti"Oma n . .... -Or, I'lot .1-O"S's 1-1-1,airi fivic.; pe.11r." hic a, m,"), o th Ie c ,,-.i, 0 f id, 01 'cl), Ior e a Ic n't is ha 1.1 1 e f c,,),r f e , 71- 1 1 'J. qL,,:t if SpII to t1-1 le e s s, -L'I"IVN d°rtr�r fz ss fu I b�"Ii[ t-1 c rnt s, c o t ��r a t and cr a:x,-ea tc,') bile &t -i, approvlc.��,-d blond mar . . ..... tl-i,e t.'i'll"ne specuwi il]-eld Il,Y, rr,,iay Cou'n,cil. sh,all 1,iave 'the the to '14,I'lo, 'ID, jLd n ex c s s of 'th e le s t",iln'ta "t tf d, c,(,.,)) s t s sli Ila 1, 1 b le aicce r)"111 i c"i- p t ed 0 �11 ri C a"' 1 �J, Al,,rt- tl"ie and 3'. d I c t t c ,), f th e appro,%ral of of la"t "Lleast s fro:x-vtage cr a:x,-ea tc,') bile tl'ie case rr,,iay Cou'n,cil. sh,all 1,iave 'the rIl' ql-vt• to an'��, a,nd ia-t-1 bi').)Ids an,,d, ,.)�elc't,, in ccvcnis-pe tic) 1'1-e-mders JL f j (z. d e,e �f,iri, a d,%,;p- le 'to do. so �,,-:oi",itxact s1,-,,,i,a11,,, be i:iri,,,,�.ide wi a .11 ),nd -to t1j, c. icounty fc.:)r tl"'Ile fa-L'rw t'llf''I'll of SUIC 'c:'c'j;,], tr a lc,� n a n, IrM -ess t71rIi,,,an f r Ic Ilen't Iof the pr:i.),.ce P C) a c :J,,. ei.,"�l st,,:it rl� e t 1 b Itl-i C-.ila JL,c,,� a s tw, s u f f A. -es, each of whlcxj�,'n sl -iia. 11`� tl(fle f1t.Ii-11 a, of bon,d, o,xvver a,r-,i,,�d albove all riot I-ess t I r '11, 1 1 [ I 1 1 T1 I I %01 thic. T(�)vEi E ISI -11- 4''r, t f e fir,` le c -i,,..t �ti "C"'1111, L a i�i�,,d "Toil 10 s"h way. 1. 1 llri. n�o(-,nim of t to 0, unc 11, lo, .7, of' de,,Tx,�ia,Ar :It,�-A Cc jec a,-�n,, s le s, s in c rvt- "Midl to u s,��t t . . .....waX b r eq'LI,, r y, uir"i, ax'),, ex., ra, L n, at i o n ,hlrn� uxid le r o a tl-i 1 ")J E3 ore le c.� txr,- I pz-,ov,ided, 'tTiat .J., n, is �t e,E,,- d lo, f persc:)�nal su,re,.,t.--'Ljes;,, a duly qPo',-,ia1a",f.`)",,.ed sur'lety", J, as proviLded, 'J': -)y- I I f upon s vt.ch ex la,1111, 11'),a -It" ,.1I an,, any ri" et-% r In, i f f ic t �,�,x z -i e w b o r -i, r. cl, T,1v s,'t.,i, ff 1, c.1111`1 e n t sv:r�r e y s lln., celd I T o r, s ur e t i le Is s.. i, a, le f 1 d. _,^v Y, s u. ic �, ic,- le F s f I "i-, d,,e�r wl"Itl t'lliu, n-1 ti -me ai,!id, allowed, b, �t, C o c,' 1 ox t'l-ile contrat�Ict "L-io I Y h, m, a In d, tT,,i,,, le� d Ile p 0, S t sli a 1 lxe� fc-,)rf'e.*te1d,,, )p,Qri tl'ie contract 4, n.g s J- g ne be d and a sit".1 as a f ores -a d t deF14 ent pos,11': �ti,takd,e -Cl S r ied o tlie tol* el,-� vz,, r r t:1-1 c 'b"i ['i, a 1 1,;L �vo ],.,d,,,. Any niietlio,ld, f lettitllg C,c:n"r1"-'r--'it s,h,al Ibe .1.13- e g, a I ax Iw ul M�� T 1'�i, e C c-,), ri, cz!, i -V of Iaw to -I.-Ilie g, 1t t, e lo r a -t w, tho u, t hi avi n, ig t1 -:i e con,traxy 4 - 3 H, �t:Jl�e CO:1-1,trac It- pr,,j,,,.c,e avii.,,ij.-A.-able, an,(,,,.,, 1-i- ite t. o it a 1 a il, I �t f "01 COTTIrDIE "t", I, p -('-:,,he cor�i,trai:-1- M" y..." .11 ex-te,nd, beyo:i,,"ivd, t]-j,e fJs---'-,1 year It 10 ]a Of C; a' sa:i,"itie :js execu-tzc d J.��t iii,,ay,'be let 0-e Coui-,ic,.'Ll Ln N%,I, ,appropriati.ng :3-s obil'i-•ged to pay 'h Ic,) w, r t"),"i e I C e Il"'I, t1il,.,(c�uw� lz,,�,t�ter eive,,j,15i 'towards the co:i,,-�tix� I xf 3- "" 14 * (�,j 111) f at vv T Ji.f I S ic:), e c ec-) 1, e et"31, u "ir 11 -�ac-toi lett, -�TI 1, , "i� e c o'n, �11-i,x i�� a e,,,-,,, xI,, zi't Ii.east fJi a", J� Zz"31 y'or:id fS sa,,iiiiui e hy�� [,[i 'a., S 1"I Ot to hc- I., next", fizcal y,,fe,,.:1ar at least..: - i t 1, ,Y. . .. .. . .... . . to ,F)ai toward. "I -q- per Of A a Y Is ,I,. 'Y f 1, a J e vi e,,Y,,i, t e a . . .... . 1ance C, pr,"."Lice 1LI :,t f:Lrst 'w awn on t1,i-,i,c S Z)f fi�, cow,'-ity for t'), -ie nex I. C.Ceeid".1"71,Ig f 0, J iscal, year ai.,"id Ln th,.,c. liall-, r a»abe a f Lrst c),"i,argr:,:�). oirl, 1 1)" Ira f discal" yt aixs' i es f ez 611 of t" th. e Ili-- (ill 0 3, ri,, the ai",bi,,iount tl",,iat the 5-i;avrie 'Tievi, "I e r eq u."11 ed d. it,:1. r I. in g su, c ih If 1,,�n; �c):, a, 1. Y, ea:t-"� Is b ul.- - JL n a,r�),. a nmv--),v,,�), �,,r 1, t Of less t,'Iiz�n fifii,---i I#' 'y Pet:* ci-eil-vt b a, 1, a, i, a it tl-�c-;% b e g 0 g th e f s, �t s,it,i, c; c e e d..' �i g "I'Ll f 3. scal- ari g and t1lie g.i.,m)"iing cc,�,f U)"I'O!", e e gaa- t I lies's - �rn ,shall not f JLs, ca, I year '01 b e f o.c a cm t C o t",;, c E51 provid s for ti-,i,e- autc),mat,-1w.1 9 111 rl 1,11111 C c c a i , I",� ` a ppiroP)L,a t."'J"( Ni ID, (" - n ext is,iii "L sc a t1ije i e e, d, g f " "iA L yeali:, Co a e i"r,'i a di -j, a ,,� "Ii, g e, o Y�i, �yr'ears of' -t::11 "","J:". s h,c e a, f j,., r is revenues of the county for such fiscal year or years and the Director of Finance of the county shall make the appropriations on his books as by the resolution provided. Sec. B. CONTRACT FOR OFF-SITE WATER FACILITIES Notwithstanding any other provisions in this ordinance to the contrary, in the event that a portion of the improvements proposed to be made consist of water facilities outside of the boundaries of a proposed improvement district which in whole or in part will serve the land within such improvement district, and if there exists with respect to such facilities an arrangement or agreement pursuant to which (1) the responsibility for the costs of such facilities in excess of a specified sum or sums has been fixed, (2) the plans and specifications for such facilities will be approved by said Department, and (3) said plans and specifications will not be prepared nor the contract for construction of such facilities be ready'to be advertised and let until a time or times beyond the time or times when the proceedings pursuant to this ordinance for construction of the proposed improvements by assessment could otherwise be commenced and prosecuted, then the Council may determine to proceed pursuant to this section, which determination shall be made in the resolu- tion proposing to make the improvements, and the following provi- sions shall then be applicable to the proceedings: A. For the purpose of the report provided for in the first paragraph of section 3.1 the preliminary plans for such off-site water facilities need only be general in nature and the estimates therefor shall be the sum or sums specified by the aforementioned arrangement or agreement. 16-28 B. The third paragraph of section 3.5 shall not be applicable, and for the purpose of the report provided for in the second paragraph of section 3.5 the preliminary plans used for the report provided for in the first paragraph of section 3.1 (general in nature only as provided in "a" above) shall be sufficient, if adopted by the Council in its resolution proposing to make the improvements. C. For the purpose of section 3.8 the portion of the total amoung of the cost of the improvements attributable to such off-site water facilities shall be based upon said sum or sums specified by the aforementioned arrangement or agreement, rather than upon a bid of a lowest responsible and reliable bidder for such off-site water facilities. D. If paragraph "d" of section 3.9 is applicable to the proceedings, the Council need not call for bids on such off-site water facilities. E. At such time as the final details, plans and specifica- tions for such off-site water facilities are prepared, approved by the Department of Water Supply and by resolution approved and adopted by the Council, the contract for construction thereof shall be advertised and let by the Council pursuant to the provisions of section 3.7. All remaining funds after payment of the costs of such facilities shall be transferred to and become a part of the reserve fund. 16-29 Sec. 9. NOTICE OF IMPROVEMENT AUTHORIZED The Council shall cause to be prepared by the chief engineer, department of public works, a corrected map similar to that required under Section 1 hereof and a preliminary assessment roll and description of properties to be assessed showing in detail the proportionate amount per front foot, and the exterior boundaries of the lands subject to the assessment, if the assessment is to be made on such basis, or per square foot, if the assessment is to be made according to area, proposed to be assessed against the property in the benefited district or in the several subdistricts or zones thereof, if any, and a list of all known owners, lessees and occupants of the land fronting upon such highway or highways or situate within the improvement district, and shall thereupon by advertisement in the same manner as that provided in Section 1 hereof give notice of the total amount of the cost of the improvement based upon the bid of the lowest responsible and reliable bidder, the maximum share per front foot or per square foot, as the case may be, proposed to be charged to the benefited district or subdistricts or zones, if any, and that the corrected map, preliminary assessment roll and description of properties may be seen and examined at the office of the chief engineer during business hours at any time prior to and including the date fixed for hearing. In addition to the other material contained on the notice to be mailed as required by Section 1 hereof and by this section, each mailed notice shall contain the amount proposed to be assessed against the property described therein. The notice shall also fix a date and place when a public hearing will be had and the Council will sit as a board of equalization to receive complaints 16- 30 or objections respecting the total amounts of the proposed several assessments, which date shall not be less than ten days nor more than three weeks after the date of the first newspaper publication of the notice. Sec. 10. COMBINATION OF HEARINGS AUTHORIZED The Council may combine the hearings provided for in Sections 3.1 and 3.8. If it does so, such determination shall be made in the resolution proposing to make the improvement or improvements, and the following provisions shall then be applicable to the proceedings: A. Said resolution need not specify the maximum estimated unit of assessment nor fix the date of public hearing upon the proposed improvement, but shall direct the preparation by the chief engineer, department of public works, of the documents and data to be prepared by him as provided in the second paragraph of Section 3.5 and in Section 3.8, and if applicable shall include the request and direction provided in the third paragraph of Section 3.5. After the combined hearings, if the Council determines to proceed with the improvements, the resolution specified in the third paragraph of section 3.5 need not again direct preparation by the chief engineer of said documents and data as provided in said second paragraph of Section 3.5. B. The county clerk shall not cause the notices to be given as provided in Section 3.1 until said documents and data have been so prepared by the chief engineer, and if applicable, by the Department of Water Supply, and preliminarily approved by the Council, at which time the Council shall be resolution requiring not more 16-31 than one reading for its adoption fix the date of combined hearings. C. The matters to be contained in the notices provided for in Sections 3.1 and 3.8 shall be combined into single notices to be so published, posted and mailed; and for the purpose thereof the total amount of the cost of the improvement shall be based on the estimated cost of the work to be included in bids when received, not upon the bid of the lowest responsible and reliable bidder as specified in Section 3.8. D. The Council shall call for bids on all improvements to be constructed under contract to be received on or before the date of said combined hearings pursuant to the provisions of Section 3.7. 16-32 AR, `;F r,rllll.C; I -A E 4"' A s s e� s s,,Yr-n SEC. I A,,.-"3` iS E ��S S.NA Ell', 117(z I"O"D B Y 0,lFli D 11", 1 1 (" ` E A f t Yi r"if-I (g'l I t 1)� e Ce:,,,� c *11. s a 1, -f�` p"'I �r t I'ip i:,, o c e,c] 't 0 sU (:1 -ii, m t,,:� (cl, f i C C t, "I'� S 0 r cl-i, a n e is a s t o thiem im., a y s e e !T1 le(, qti 3, a b I r J o r f"o.r cbuaw 11'. f,3? I p o is (:-:1, a, is is - jpa rfi e n a d u p o n ri, ea c f "I'An, a I e c j., is, "L o n. s h a 11 1 y o, C 0 t, s t o b e, a r.;< '! e s,s e d a. n, s e e o rtl11,11 0 f s 1) f *1 it 3"", 0 p �,- x—til, S n d J I g a "" , r'",i (7 1 "r, 0 :'r' vior, Y'i ic Y:i o r r I c i�"i ic e the a s s e s s in. ei r the,', Y! the roll as V I C), Ull 11 j if() 1.1, "" # C �l ,,I �7 NI. s, 1- e fci, C, r J i r -i a rtc e ia,in ��v r a J. ir s e s s,,rn e n t s, Aclii,o 1, 1, 'I e f t 1-lii "'L Ll' S IL o b 'YrrJ e c t ie,�J t o L, a d is �e c:] d ji rii, c o r pio 1',:) n b,k",� c c, r -i c 2, U S "'o e s,�,,.x,'i i ecl to be I, 1- lai,"vi e, �ii 1 `rrr1 t a b I. -!-'t d ni (.)m it e x (,W (z�� S o f I i, s,, p e c 1" a 1 b, e r i e ,"J J' t s z c cr.-u i �,-ig or to war' e b %yr 2,7 e, o'n. a cc,. S 0, f t, h -e J" i" n "'m r ry e m n t t o t 1, �"i e s,, 1:) e c c r o p e r t,,y' a s rz-,, S et'J, b'iy SEC. 2. 1"JUT IC E Pi -IND CN C OL L. E 1" J. -1.1 i 1 0 F A S S E Sr P41 N T!,,3) The Di''t,-ei�.:-.-tor of shi:ii,11 Ss e s, snii. e n i,,), p it 1r,,i e li i",�i id a s s,c:, :s s,r,,,! ci, a n d i, -,i i f 'y it, h, e s e v e ra 1 o viol n. e S le.sslees or ofccuparits, 24, respIL?, .11, c,t'*,vfE:1ly, b'iy -1, e g''I 5,5t �j. . ... . e :t, e c',.3 1, e, E t -1- r"rvVu r� w -0- r c,,,? q uii t f"o.r a, rett,.l' r n 4 1� r e ic le J. of th,e ,P seve,.:�t'�,al f t e t�)-�Illb ai"rio"LlIltS t lf,�,�,e I o n t Y. -i e r e s 1) ip c IL v,(-,,� p r, 0 p el T.,',, Ll, e s, ,a n d o f ci,ei, t e w�,'i,e, t -ll j,fc, e"3, si , e s s - ments are�� p,, Ile sha,].,,I,,.,, Such assessl� e-rits and sr,,,.��t L,,, i'n r I de a 11., m, o I. 1z::1,�I", if cl',, c) r, f r,,,",�i d s f ol r Yi e �`,.3p 31- ,!s so c,'ollir.,cted a f,i,�,,cz) n t ,a g ie Or D m. (,-� r�,i t (,,,:J, i -S, t I,] C t lias ti-ife cas,6 'i(Ilay L�e. E,C# 24, A, S S E S S Pvl Eli,4 1 ""S PAYAB L; IEN 1", 1 Al 1- a s s n"i, rl", SO liali f s,1111liall, be duii i payabl,-c 't y, id, ays, f t e t�)-�Illb c-, t c! o - t lf,�,�,e I 0 a f -.,j -t p bl, i c 1 0 f tlf- ,ft e at -i-o n f, - -1 i0i 0, o r na n, C C, T p ro v 1" d e ci,, h, iii n, y, s s e s s m (,- n teii-, i in, � i a t l -,i e:1 e c, t I. o r i pi t 1-1 e 0 vtfl I Of, 1- hrc,,,� I d S, J br,,,,� r. i a r t rrr t,f�: a y t, I i e L a T, 2 t �,;I, e t", 1-1 ro P, -i,a wh.o 1. e o f a r �,i "y a s s e s c- rl�,1�1111,rz 11^ nr 5, 1- ��,ry "I'- "f,", l-'I I rl e r, c d o r yr d,,a y F -1 cl Yli L ("'I ir-,l e I It, c ,I,, «:. C' i": li, e a rt of' b e C 0 r-1 C 111, Sl v Y C c I 1,,) 1-1 n '141 P IS a s o r,i�,, s :r-i e "ir- r-,i S �,,l c S S i 1.",i I i, Ls;, vu'l-ii e t Y�i o -r- i,e I.A J JL I'l 1, 11 V "JA p o,ri s awl a b, t o,,D p a s tza rri en t s ° Erna e SO el e c i i "'i, I, t 0 , il, r 1 1, �fc,, ;a I i 'n, e, r i o r-, 1 y p J 1' . . .... 71. d tic� �v e c o �r-i s IIs;�, rpi, e �cl to a c,cl id el. c ),Jj 1, le i a e c o c us, %r d, e rE5.1 (I E3 S j 'Zol ,W mnl t pow,r,' r a, i,o n ,w a o a s c U y 'M e e e r o t "h, e c "t t o iz-i 1°: o c I" ,""r e c t ne s 71-C, 0 1, sni�l ��f f c e e fc- 19, O.r:�,� t Yi),, e %ri,.-i, 1. o e afrau sI� rmh lll:: IF` fn '011 Cl)SEO LIE,,JNE'(1, A S S 1"E' %..3, T 1-3 S; I'll A.l. .1. a s, s s si-I,,n. e "-Veri a,,,, rcl, p vl 'I ur,mr Ic lar-i,cl, z:,,,'issesse,rd, froin tl,-j,r datfe I.I, ro g a n, cz t (�,n a 10 �t, 0 r% 1''C' r a i b 1 1"�, �r'l 0 as,S Of c �f 1 .y :n (ED- p i.j,' c,a t �i,r o rd, 1 n ar, c ce cicl c-l., fa r il). n t I p r c o v c. r al, 1 o 0-t I(�- r 1 e Rie ri "u,,ri, p a, -]'I. E-1 I d s I "i 1. 1., 1, -t h er f ,,i, b 1 "t, IC vur,r ),0 s, e s E x C (1 .1, f e �J� 0 t ,a x n id k,": )l 1 erj p 1- 10 P E! 1""t yl pi �3,pt e r Iw,cDh, a,' I b e T 11 1 J'- ei-ii o f Dawlill!ed P'Ll, "Ir ,,i,,,,a it It 0 't s C I t t -t o ri,, a r i e n, o ,P f p:rr o p fer "It �y, t a x- esiI a n d ier",i 'f" lo r of t him� r s e s, s ri t sf nn,, a d rc P "Ll, 1,7', 1 cl, ,p u b I ic p u r p of s e,s As b e a 1,1111.1h (-'3fa to r cz�, I., ""i", c�, S 1:)e Su e 0, t,,o ON, III 'rl o d y, a k e, e rr o r, d ef" (341 .0 .01 5, 1.1 e g u I* n O'll'u,t 0 j I,, ?, W, Im z, p te r p r ej Ll d :])-ce�, iNl it y c t o r c) c c, e :11 1 t I s CY I M zo,i t Ie Irl"I )III "E'�s; e s m n t r,I s arril e b, r m e d ed i,v,, C3 c"), rl d vv I (z,-�ri, s Io, :".r,;: u b s qu !fr'l' 0 L"irrfj, e, r-,t cl c-1 c �t s c),r p r (1) II i,, d 11,71, C, S »!% ct a s o f tl-i, e t 0 f, t 0'' 11". 9 ""ll rl a 11 a C t 0, Y'ie sarnel, al' al t f for") ��a 1-1 y ,I p e, e fri" P, r 0 ed :'1- 11 g I f i I'l a I") C"' 10 C) C'(D I �11 assessment made under this Chapter is set aside for irregularity in the proceedings, the Council may, upon notice as required in making an original assessment, make a new assessment in accordance with the provisions of this Chapter. Sec. 5. INSTALLMENTS PAYABLE WHEN In case of an election to pay any assessment in installments, the assessment shall be payable in not less than five nor more than twenty annual installments of principal, provided that the Council may, in its discretion, determine the date on which payment of such annual installments shall commence, which date shall be no more than three years from the 31st day following the last publication of the ordinance required to be enacted pursuant to Section 4.1 hereof, said installments to be, respec- tively, in such amounts as shall be determined by the Council, and each annual installment may in turn be made payable in twelve equal monthly installments as hereinafter provided, provided further that principal, interest or both on any bonds outstanding due prior to collection of annual assessment shall be paid in accordance with Section 5.2, and except as provided in Section 5.1 regarding temporary advances, shall not be paid out of any monies available in the County treasury. Interest in all cases shall be paid on the unpaid principal, at a rate not exceeding eight per cent per annum. The date on which such annual install- ments shall commence, th, number of such annual installments, the respective amounts of said annual installments, the period of payment, and the rate of interest shall be as determined by the Council,• provided, that after the annual installments are determined and fixed if it appears to be of advantage to the assessee, the Council may permit the Director of Finance to accept payments in monthly installments as hereinabove provided. 1635 Sec. 6. INSTALLMENT COLLECTION EXPENSE The Director of Finance may add to each annual installment on assessments an amount not less than one-half of one percent (1/2%) of the amount of the installment, both principal and interest, to cover the expenses of collection; provided that the Council may increase such percentage to the extent the Council determines from data presented by the Director of Finance that an increased percentage is necessary to cover said collection expenses. Such percentage when collected shall belong to the County. Sec. 7. PAYMENT IN BONDS The Director of Finance may accept in lieu of cash in payment of any assessment, installment thereof, interest, penalty, cost, expense or any portion thereof, bonds, of the improvement district in which the land is situated, whether such bonds are outstanding or hereafter issued, to a value of par, plus accrued interest to the date of acceptance of such bonds, by the Director of Finance. Upon the receipt of such bonds, the Director of Finance shall cancel same and credit the improvement district with the amount allowed on the bonds. Sec. 8. EFFECT OF FAILURE TO PAY INSTALLMENT Failure to pay any installment, whether of principal or interest, when due, shall cause the whole of the unpaid principal to become due and payable immediately and the whole amount of unpaid principal and accrued interest shall thereafter draw interest at the rate of one per cent per month or fraction of a month until the day of sale as hereinafter provided; but at any time prior to the date of sale, the owner may pay the amount of all delinquent installments with interest thereon at one per cent per month or fraction of a month, and all costs 16-36 and expenses accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made. The owner of any land assessed, not in default as to any installment or payment, may at any time after the expiration of the first thirty -day period, pay the entire unpaid principal with interest thereon to the next subsequent annual date for the payment of the installments, together with any premium required to be paid pursuant to the resolution of the Council adopted pursuant to the provisions of Section 1 of Article 3. Sec. 9. OWNER OF UNDIVIDED INTEREST The owner of any undivided interest in any land may pay the whole assessment and may have a joint or several right of action against the other owners of any interest in such land for their proportionate share of the assessments. Sec. 10. SALE FOR DEFAULT In case of default in the payment of any installment of principal and interest when due, the Director of Finance shall within one hundred twenty days after such default commence to advertise and sell the property concerning which default is made for the whole of the unpaid assessment thereon, interest and costs. The purchaser of such property shall be permitted to pay in cash the total amount of the delinquent installment or installments of principal and interest and penalty, and the balance in equal annual or monthly installments as originally provided, in which event the lien of the unpaid assessment shall remain in full force and effect until final payment of such balance. Such sale and advertisement shall be made by the Director of Finance in the same manner, under the same conditions and penalties and with the same effect as provided by general law for sales of real property 16-37 for default in payment of property taxes. In the event of the failure of the Director of Finance to so commence and diligently complete advertisement and sale of property pursuant to the provisions of this section, the Director of Finance shall not be personally liable for such failure, but if a default exists in payment of principal or interest upon bonds, issued to represent an assessment or assessments for which any such installment of principal and interest is in default, or if the levy provided for by Section 5.2.2 has been made or it appears probable that same will be required to be made, the holder or holders of such bonds in the former case, and any person or persons who are owners, lessees or occupants of land subject to such levy and liable to pay same in the latter case, or both, shall have the right to enforce performance of the duties of the Director of Finance hereunder by mandamus, pursuant to the provisions of HRS Sections 659-1 through 659-9. Sec. 11. PURCHASE AT SALE At any sale for default in payment of any assessment as aforesaid, the Director of Finance may accept, in lieu of cash, in payment for the land so sold, bonds of such improvement district whether such bonds are then outstanding or hereafter issued, to a value of par plus accrued interest to date of sale. Upon the receipt of such bonds, the Director of Finance shall cancel same and credit the improvement district with the amount allowed on the bonds. Sec. 12. CERTIFICATE BY DIRECTOR OF FINANCE The Director of Finance shall, on request, give a certificate in writing to any person making request for same, showing in the 16-38 certificate the balance due on any individual assessment for improvements for principal, with the date of next installment payment, the number of the installment payment and the amount to be due for the installment payment and particulars of interest and penalty on the next installment date to be due and owing. Sec. 13. SALE OF LAND BID IN BY DIRECTOR OF FINANCE AT SALE Whenever any land has been bid in by the Director of Finance at any sale for default of the owner thereof, the Director of Finance, in making such sale thereof as may by law be authorized, may sell the same upon the following terms and conditions: 16-39 A clown of Illi rii pe r cf, olr f r. ["i rev e s a e Ef. 7r ii e a T c c zi, IL I m e n t s o n o t: I ce s S, t 1,-')�,a n o r,'i e ar,�i o 1,71 e Ln�,J pe:r�, o -f tl',,te, t e f f 1 v e p e :r� e ri� t p a r�rn, U rn U 1) a n a I., "l- 'u fa a, a. d ba 1 ,,t -,ji, c s, c F;�,il'Ltr,e for" days to f -),ay ariy 1" e f ft,: ct ri, ri, e of the s 'r g i�, a � n tz_ 1; 1 11, Ie s t 1, 1, ar,,i rc�,],, nc], a y ,p taiyr' e r"It's pl:r,,� ")v" ic'�,�, lu�l S.I. de b 1-i,, i i',-ri o r -i, a n t t"l-,i eo f 'S 1''It c 1) u, i �r e Ti,.. i c ti (:) r-] s,"', �,�z, "t h e i r c:: -to r,,,o f ,F i r i ar",i, e ,),erI pr e s uw� M i�r6 Vd 0"M�`�, � flo S"�,,j c 1 a I lo"'I bi si,,,), b,j e ct t o :r, e p f,,, r ty t a ARTICLE 5. Financing Sec. 1. IMPROVEMENT BONDS AUTHORIZED In the event of an election to pay all or any part of any such special assessment in installments, the amount required for immediate use to pay the cost of the improvement, or the installments thereof from time to time as they fall due may be advanced out of any funds available in the general fund or the permanent improvement fund; provided that as soon as practicable, the amounts so necessary shall be secured, and repaid if advances have been made, by the issuance of sufficient district improvement bonds of the County to raise such required amount or amounts. Such bonds shall be in such form as may be prescribed by the Council, shall bear the name of the benefited or improved district, shall be payable to bearer in a sufficient period of years and in amounts in those respective years so as to cover the outstanding installment payments determineduponpursuant to the provisions of this ordinance, and the Council, in its discretion, may provide that the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that shall be approximately equal each year, except for moneys falling due on the first series of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds; or it may make such other determination of the amount of the aggregate principal of the bonds that shall fall due in a year as it shall choose. Such bonds shall be subject to call but not prior to the second interest date thereof as hereinafter provided and at such premium, if any, as may have been provided for in the resolution 16-41 of the Council adopted pursuant to Section 3.1. The bonds of each issue shall bear serial numbers, shall be of such denomination, not exceeding $5,000 each, as may be determined by the Council, and shall bear interest at the rate of not more than eight per cent per annum, payable semiannually, as may be determined by the Council. Such bonds shall be executed by the Director of Finance and issued pursuant to and under the authority and requirements of resolutions of the Council. The bonds shall be countersigned by the chairman of the Council and attested by the clerk and impressed with the seal of the county. Interest coupons shall bear a lithographed or engraved facsimile of the signature of the Director of Finance. The Director of Finance shall preserve a record of the bonds in a suitable book kept for that purpose. The bonds shall be payable only out of the moneys collected on account of assessments made for the improvement for which they are issued or from the reserve fund established pursuant to Section 5.2.1 in the event that the moneys collected out of assessments are insufficient to pay the bonds or the interest thereon as they become due, and the county shall not otherwise guarantee payment of any bonds issued under the provisions of this ordinance; provided that interest payments may be advanced by the Council temporarily out of any moneys available in the county treasury. Sec. 2. SPECIAL FUNDS FOR PAYMENT OF BONDS AND CERTAIN OTHER EXPENSES All moneys collected on account of assessments and interest for any improvement after the issuance of any bonds shall be kept by the Director of Finance in a special fund and applied 16-42 solely to the payment of interest and principal of bonds issued for such improvement until such bonds have been paid. In the event that any surplus remains in any such special fund after the payment of the bonds chargeable against such fund or in case of a premium received on the sale of the bonds, it shall be credited to and become a part of a fund to be known as the improvement district revolving fund, the moneys in which shall be available to make up deficiencies in the proceeds of bonds sold below par, to cover deficiencies in interest realized on 16-43 t, 0 "rj 10- e , , a C I , j -Ji, rn 'i ii. c e "s 0 "1'' t s o tj, 1-mrr» s, 1- a r�') dl c i r -'if "I �an --lr"l Cl" 0 ic 0 1. "a c 0,11 q.0c,� r""l b C�l I t io, (,':J''v a n c e li, i-�i t 'r- s, l-,, c'. J n o f a n ;-i, u a, a s s; Ez� s n -t.:, a 'c""J, a 1. 0 a rr,, 1--i e p r p c:�- f a y 1,. n, a, e "J"J"t CO 11 1�111 10 c I Of 1, �v , I e 0 c:'],, (z,�, 11, U El"ll! J, rl e x r,.:) e r"i ses 1, I'l n 0 wm o a ,a,,i e M, r j,,f c s, c) f s �tll,.i (c,,li, cl u enl: d), i s t c o �i s a',t"'i t'l,"')ve, 1",e I I e f o t .1,�,ie c c) u t y zi,,i,-,ii, d J.", o r o F r an (zi, 1--ia e ci, by t 1 -ire D 1", f, 'j.-r-ra r- c ,P i a e a r -i s f r t 1,,r, e Lj rc the f Fi-,r,,,�, a r,,ji c e liflr`l`�)r U, 11", o n I lud, e 'p, r ope.c,, a "J"ll, o P r 0 P clWr i -i e d In t,'h e e Tvre x i �t ti NO re s .0 t I 'rf"'rf: 0 v e'i"nE 1 s J: c�, 't s c o i, -i -c",, e:j: Pe c ,t yfi o, n, e j ,ys 11 n tl-,i� e s p itn', c, a]- f u i.' -i, c:,;l, P v S :,l. �f f e i,""i �t a t a,�lrlvy le t o lic, s the w^'^- i, p a ��y, t Yi e p ni,, r irc,-1 113,1. nA n, t e rc I P c a s e L", s; "'t "tz"I ey" s sl - ,t a 11 btf, t r�,ia r,i,,s l-,,'7 c d yr b e ol n, b cxir', d s fo u rl 9 P f 'r o in, t h e :T', e, s e f tab I J". s ("i ir 2.0,J., �A kylld. 1:0, 0- i f un, d n 1',�(,er,eof"', or from Ule imp rov ei-�',i d J, s t c t c f 1-1 d Il. 1"I'l s'"14.1", c: h t I e D 12, o'�F F j., a n c e t o i-irla '�I�c. (E 1"'i e n e P 1�, J. J- �1: �ll;"f[',,'��'�,�,�,-,��,,�l,� o -'rr." "'J". nnbil I y r�, 0 f "I rl -l"' E� I'll r",wrmuv, S, "t"', cl lk�"I",vte, e u. a s t'lo- e s ant -i b e c o , sa1c,,,, of bol,r",As, 1'n. Sll,,,:h zamow-it as I sc,; de s-1, g r, a d' b y ��t Ji., m e,i-i, Ill,o n, d s 1vro E. c 2 Ol RESERVE FLJ", ID T 1-1, 1,- C t niiay pro v (,::3, e .11.. r"ll t Y'l, r, e s Ol'T'.) �t 1 (C)" 11111 IE3 d fo!'P'^5„ d "ti, r s PP y'.. ICY( n t t, o S e fc t 1 o n. o f kr t,1,1, c .1, e .3, r eo f uv tl-j,at fa r�e:,,scz.,�r,ve fw,-�i,rcl slr,�,iall ,M .Vii establish ed �i s 1 1 S. e 'err a d, d c), Y"i a , 'r, 1. t Y f o r AW,# t h e P a �,,yr f':n e t c), f p r 1 c , p a ,n ,i 1, d 3111�_ r), t ex, c� s, -t, on 11, 41, b o n d s E in i u e d P r 0 C, c:,�,nl t;,, -r,-�, ,stia n -t ee, d il., n g s, ,p ,, r tc,,t "i, -I' �S� rl a C, i P t er 'I i, e r e s. ry e "f ur-i� d s, 1-i a 11 b e s, t a b 1 , i , 1--i d f r p1l,",oceed'hs, sa1c,,,, of bol,r",As, 1'n. Sll,,,:h zamow-it as I sc,; de s-1, g r, a d' b y ��t 1 j� ri, t h, e a f o r le Cw,.A� n c "' I m e,i-i, Ill,o n, d r ( S 0 I'Ll ti i,on T hi e r ea er ni o r -i. e y s "n� fl-i,e rc�,�%,s- -V f."! f''Ll 1- s e 1, J, 1 'b, e u, e (:i i., i i a c c ww o rci -i,,c ai, e vrv,:i, t h, 't 1,��ie r o v ::i-si,ons ows f 2 e re o Pvlfo,in, e yers .i,..n the �IW fund y Uslo'?,cli to Pay, P c raw botYi, Lir'ii or pqrt 1"'I p7l On tht".111:1 ut.i tzi, i�"), di n g tii-t a 't t, n,rls, and 1"I'll"711 suc,l""l. case assessments or such portions thereof which would otherwise be collected to make such payments shall be cancelled. Sec. 2.02 REPLENISHMENT OF RESERVE FUND When moneys are transferred from the reserve fund to the special fund described in Section 2 hereof, the Council shall replenish the reserve fund by providing for the levy and collection of an annual ad valorem assessment upon the lands assessed in the proceedings. The ad valorem assessment referred to in this section shall be levied, collected and enforced by the county in the same time and manner as the county levies, collects, and engorces property taxes for general county purposes. Sec. 3. PAYMENT OF PRINCIPAL AND INTEREST The principal and interest of the bonds shall be payable at the office of the Director of Finance and may also be made payable at the office of any bank of fiduciary company in such other places as may be determined by the Council. In all cases, the bonds and coupons shall recite the places of payment. In case any bonds are made payable elsewhere than in Hilo, Hawaii, the Director of Finance shall remit the funds necessary to pay the interest and principal when due, of any such bonds, with exchange, to the institution so designated, first assuring himself that such institution is then solvent. Sec. 4. USE OF BONDS; SALE Bonds so issued may be used by the Council at par to pay wholly or in part the contract price of any improvement made as aforesaid, or, in the event that all of the bonds are not so used, they shall then be sold to the highest bidder or bidders therefor, after public advertisement for tenders for at least once each week for not less than two successive weeks in a suitable newspaper of general circulation in the County, and the 16-45 proceeds thereof shall be so applied; provided that in the event at an advertised sale only part of the issue so advertised is bid for, thereafter, the Council may authorize the Director of Finance, by resolution requiring one reading for adoption, to sell th, whole or any part of the remainder of such issue at the highest bid so received to any person at private sale. In the event no purchaser is found, the county may be the purchaser of any such bonds, using any funds available and unspent. Bonds sold to a purchaser or purchasers other than the county may be sold for such discount as is acceptable to the Council. The Council may provide for payment to the Contractor of the contract price of the improvement by means of progress payments during the period of the work, such payments in bonds at par or in cash or both. Sec. 5. PAYMENT BEFORE MATURITY On and after the second interest due date of any bonds so issued and annually thereafter, whenever sufficient funds are in the hands of the Director of Finance, exceeding the next interest payment on the unpaid balance of any bonds so issued, the Council may direct the Director of Finance, by resolution, to call for payment, by advertisement for not less than five days in some newspaper of general circulation in the county, such a number of bonds as there are funds to pay. In each case the bonds to be called for payment shall be those of the lowest outstanding serial numbers which serial numbers shall be specified in the advertisement so published. At the expiration of thirty days from the first publication of such notice, interest on the bonds so called for payment shall cease; and the moneys provided for the payment shall be set aside by the Director of Finance in a special deposit to which fund only the owners of the bonds shall thereafter look for payment. The call price of any bond 16-46 r 7 (q," ur r,�, Ll, 17 l� j, a -i t, to 't Y c 't C-1li e 1, "Ol �l tj a ".1". ti„ r rr �,� farc,e ofL��OmJ t, -ie cla,�te o,r��i, wh-11w.''ll 0 11. 'x I ll -r-1, 'rr, e I I I c- -t ,A -J cl n, c 1-1, a s a a to ar,i d , " :,i, 'u,, 3 , n,rc thii,,,, 'I 4 0' 1 r t ' e t 11, 1, -11 Z d :,i �v f r, o nni Yi, e, t s a p u.,,,A' ilii n, -f s,i.,i ch r-11 rc, t "ac e tl'-ire pr,,,kATldl' 1'.1"'T111 P SEC 6. Pfil',-I Ylvli E tr,%lT AT 11A, A Tl � i ry, All Yo,ie),ds ly p al,,, �Z, , i ("i CI'iall be Paid i�,i,t 'T, L It t t 0 r'j, a, s t o g ('71 ",rr, IN, )"L- th Lin P,-�r e n'-1 (r, bre c 0 m e u e a t err m Places ai-A i�inam-.vrar- t, by, tl-i,,).s (-41 V /I I E T C 1-1-A RG E, B 1�1�Ji E AG A I lsl,',,,),'T j, S,�"E C lim 7 011,11111'""), , Fri, EVE 6 4 A4� IV, V1, 6 1 C) 11, i s,' si-j� e L7 1,,a p No, (D �w,-J rd, 1.,l c 0 f I s c o, -11:-y "tlo o r'll, d s v(tt Ir"'], r"n re "a, n, 1, 1'."1 g 0 If s hz:;'i ',L, 1, bcz�, c c), �,r'i -ia t Yi, p a ytn, e,r,i,, v j- s er:]. 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"I'l c b s s 0 c 1-1a I:.. 1, a rid 1- 10 Li 111-1 (3 c ,»,. c C) r,,,: le s s b (D" 1,111 ic (i, a .1 C) n i, n g a -'r -i 1 CAA p y r (r". le, 1"1711,11 t I o N. a n o i' ,i e 27, E:b� i_r) 9 1 s 1: c� If bl 3"_- e c:', lc, t 1-i e Cl i i E I g,.' p 0 p 1 C) 1,71, "I C) c o 1L.a rlc I -I ic,,! z:,i ry"'i o ui-i L 11, 1 a-1- p 0' V"i 0 Ic s ("t", (3� i V, s r.-rnn t to the siarn,� 11, 1) "1 cI c o u n, Mir a .1'. cl a ssi e s sr"i"'I I l,,:.-3, -t i-1. E- C s i, n the d3.,S"!_Xict� the c t a.1 idtl 1 o If a n,,1,lyr d 1,,Ln, qu e� rit -,i p;,,,,,,a i d, 1�,,O e i i, c,,,i I s u 10, l -'ie s a n, d ryw 0 f a 11 1 as s le s s;,"n n ,p ic t i 1*� 0,11 C' I` S 101"1171 1, c a a Lle :r, e rl,� r n, e tvr T 'JL -i t h, le s th le �i (�:J s '�; 'r, "I s r 17, 3 b e c �"t o p r o p o s e c a s 111�,S .'�l 'NI "Zi I x 1 s t :iri CA 1 5 a s S S 1 r14 1, I"t c d n evrVn, s J-' 1-i(", c 0 s cl, 'P c,,vf, ed j,", g JIL i �L, C c a ,LL, r," J, wV r c) s 10 0 o, r, I" Ef u ri ri in ILII c t1""te I T,; i uY V'. r i ri Supp s -'r el�,) c) -1, s s "I'; I, a I I i 1"" a,•; Le, f e r��) e c) c; p C) s FL n, 'ir'i� c e - F J1 i tc"), c t "t, e c „a.. s, t, o,f h r rl,»l ..'!i r -q o,j ec,: t is r,', le �plcC1, f E e i, � a ' � n ��, '� �; � �,,,. ,� ' , �' „1 I VV ��, n> � % V;�.. � � i rl�: ro" I� r VI � ": I � � .�� '� �� ` :N; � �r . 'aL � � °� � ,IL 9 ac',",loptiori, I' thElf J.",I,��ile s. C Y :�L 'I'lu,"(, LA a 11, 0 0 IV rl E), ]C ,s o f 1 n r, e p r'i, �1, ri iFIN"Put s sm", Oil, e c IIID{ MIII�jpI�N,� s rl"I 1. Ni, h, a v e n iC,"1JJ`71 g le b, te le is, s e c, t b r e le El f) IV 0 [,,�,v 0 S e (''I ef "u p 1 i ri, cl 1; a ]Ir"ll'i 0 0 "1le s s 9, ILL g e a rli Lh le 0 C) s e cl 11 ir"i, all e ri t 1) El )YI, f a x rf le, s rk-i a, c", le e ri 1; Tl --i e e t o 5 r-1, �, O'l, 0 :r, , e f e," , le e p s,s,e,, r c� reT�,",,,)orted by, Cl -i,,] ef' as awe shall. be aipl,�)i�--i,ovecj !,,,)-y sh, 11. 'i,,.,,il,sio Pol f'i x, t I i e c:(11 �a -t ar"i 'k 1-i o c 'l."i 'r i j p c, ri s z,i c: h I i, i r:; (3 a "t, e h a 11 n. �,l t J., t"I'l, r. -I" f :1., f" t e, e ri, d a y s a fl' t c; rr ]" 'i e :,ii- s 't, [":)u 1) i c,,E(",t, t 0 "ri't of r"i o L, ic r �Tll, e c'.) f i ri, a rii, E!,'1LP',jp Si, a ar, of g e ri e r a 1. ri i n t h, C,�,i "t PA,ter Clerk C�,�,""tu� a, ic �O f 1) 1. i „int: 1)-",,,, e a:r t'umr O 1.)Ic in b 1 i s, Y�t a s P,:r "�, c), �,,, 1 0 f, , i v i n c:j ri lo 'itl,, i c e Sec c, ��"',L,e 3 g (,,,- ri e.t,-,,, a, yr t c) II S, �S e c, S 7","1 c' c ,r --f the I.,arl a ri,, d oc. S, ti Off. 1. t"11 rl d Ey 17 a S, Ic 10 111-:31 s v o"': t r, c t o r e s, L e g d 0 Op refunding plan, stating the time and place of the public hearing and where the resolution, preliminary assessment roll and other data may be seen and examined prior to the hearing. Like notices shall be posted in $.gree of the most conspicuous places in the improvement district for which the outstanding bonds are issued. Affidavits of publication, both in `,he newspaper and of the posting, respectively, shall be filed with the Council at the hearing. SEC. 3• PROTEST AGAINST REFUNDING Any owner of property, the assessments on which to pay the outstanding indebtedness have not been fully discharged, may at any time prior to or at the public hearing, file in writing with the Council any protest, objection or suggestion as to the proposed refunding measure, stash g briefly the reason therefor, or may present the same in person orally at the public hearing. If the owners of real property representing thirty per cent or more of the outstanding improvement assessments shall at the hearing, or prior thereto, file with the Council written protests duly acknowledged by such owners against the proposed refunding project, or against any part of the plan.. therefor, the same shall not be made contrary to such protest. If the protest is against the adoption of any refunding plan, the same shall not be made, and the proceedings shall not be renewed within one year from the date of closing the public hearing, unless each ol;ner protesting shall sooner withdraw his protest. Any lessee of any property to be assessed under this Chapter who by the express terms of his lease must pay the kind of assessments contemplated by this Chapter shall be subrogated to all the rights of such owner to protest by 16-50 f :.,r . .... . . . d J ng c f 3 ""1", r-1 0 t, cl c, opy 1 -vi' s 1, c:,,� s e, t 0 ig 1: 1 1, �u�v "I'Ll "'I'd- 17,L c t i ((c C -'a f t"i, "Ir c."." or a, g e alf 4w, "'Wda"C', L e bl -]i. CO, Vr 0 v 1, ("ll c"I" "I"y J e c) i-, r,:) f s t,;rc Fi, I, e e 'o:r,-- a,ri, y, (i, v,�r r�", j f YI 4 1 I'l,g Yl c cl Os' p rc 1,:', yr "to, b,(,s e s s e e.:, 1 4D h e p:.'r-�, o s o r c f bl L C 1i, "1 11 I««, fur',«.,,,,«�l or 0 f p"'.'i c) ri-,) f a n. y, 1 e s s ol,","" t "r 1 1""-y 0 ri 'c' -1 f 3L 1 "1 9,Ihl We 1-�i L h C i,,, ri c r o vi . ..... I 1 LJ e ]1- 1:� r.", S, s c I, 1 IJ 1 1 e a s wh c 1-'i, S It""", -t CIA (�A . .. . ... L 1-i e 1 e s s r a i e r czi tD, pry&c a a s, ez, 1, TI, n ic", rl V 0 0 10 A, 4-1 1, -j ["'I e p 1121 111 e,, 01"' t 0 'P'�" c,ii a, s s s s Y I r •,I '�v 3 e a r yr o at e X111, d s 1, t: zl"'] s a b aif-,,,- qu a c c 'a �rl s 01" 1)11,1711("],� rClJ,llQ'R A L, jf% %[ r �c I.- , e 1.,al a, o u rt ts o U", e c 3 s SEC. DF ll I I JP�� D "Yl" I I` L'i 61, �l 3 ff-ti 1-i r g 1""', h C o I-'), c 1`� sh al J ri s,.:]L er r s Sj 0 S i., c T o:r u g g e s ta- c, n a y hi,,a ',v b e e n, �r,r'i a (1 0 f Ji., I ei:::3 ir,l cl w I "l e t h e -�r 11 p 0 -te,r- 1_,,ce I ee:ri, f 1 c, d -L:� c) c lory s u l ic, .111�. .,,ou n c'. a, bz,,arj, 1c,:1 c) �1:ri [�ie 1, a n, 'i)., n �,c 1, 11 a 1, 3 tl' -J Ll 11 U fia J11 11" c-` L,:l c 'c:), o c e de t, e r rri- W, ,a p h, e -t h, �i o r� 'n t 1'�i e e fu r I t') g P],� czii,,"i c,"l 1 1. 1 b el s prop(osed, i c,�, Z,l s c i ... .... r v e n, o r a ci c-), p e vvii., It hi H'171, f , '01 fQ M e a g Cl E? c, 11 �"I z"'t, 1., .1 bi r c o g.,,L, v e ri o 'i. c e a c,, a,,j� a s 2 cl f ki)),:, t i (c.l al t e r s t.i cl-ill, -,I"- �t 1, in, e ww, tf�'i a l,: -:3`v e:tr, "t li", s i!, -i, ��t a i-�i J -i, 1 (.3", It.,, 1�i, e GC.), L".11 c'! 1 -t i,�: �,n-i :1 14 ria i rian c U, (11) e, V, f r ri, e 1J, (�, I , . '"i , i,,n, f ri cl fio U 0 up yr p 10 ig f 0 re quu,,r:�,,i T r i g jq ;.VI WO ,0 M, FY � e A l-, -S 1, r, 0 V, "'L J p l2r,"', VI 1 0 1 'r ovc: r S I„„ s s ol A e S S uvr,,v bond s -f-o b �i. Is sl"J”, Ic""I t 1,01 c 1-i a s e s, s,,i!,,,n r 01 .1, Jl-, rI :r:- o, a I Is 'n, e )::,,),y .-rc e 11, e -y-', e "I" r o] s o v"", 1.. In, IS c 8 orr pa p; . ..... hop, D th e J, P Y'l C, f 17' 0 V, Ir "70 a s s e s sm t,�,; c J'I' a.]- le f 0 1 11 f t I'l, rt e LI, A, 0', '41 r-1 a 'r- -jr- g E"), e rt r;; o a s,,�s s m e e lZ5 L C L, -,'L) r -i g evt,! .,I S11)) C, IDAJ 1�"Al g o b e e 1:, t Yi e j,",, e c e 'h f f -,[.-,e n e 0 n S, ci e r,"I ,a ou n t s o e S e v e a a S e J., ON, c c), n,c, v e IIII S e c e 0 s rW L e b.1 e i", ri (I "b I t "I.1 11: A L', CE SS e 11- C4. 11 -11 L 1, c 1 a I to e 0 ,jr L, . . ...... P, 0 c P], e a o v c'], e s hill 1-1 cxi,:,)r r-�i a ric e e a a Is s e s s n e r oi v d cl e e rt b e a 1. 1-111L 1,11 "IL li"'i s ari,, "A I e s C wu d I i -i, IS c 4 of I- "L, ic, 1, e 4 L 171, r)('), S y iI J'..,,c, 1-ri I s b Ie e n r"i uoi oc ss-) C S, E"ri"IC"I'l-L a Jli. 1, L) 1, 1.) 11 L as E, s,,rr��t e n, d, *1 s rg ,,c], f''ll, (JI L 1-1 1-, L: i. g:i--r-i a B C"T"', I I"), IS E C. 54 ILI --L,, S�, S F?,,; ori, Ir:l s J -Lli, e I "r'l, . ..... 1), A t svr. ,wary 'I I ]-I 1 nd tc k) t e d ri, i2l s rl,yr er, c, r"i 1-0 , ,,, " - �'. L Z) .0 d Z,11,1) 1 Eit!z e c. 0 V, 1"i e 'f AI (71� c f 0 -r IVIt F c ri. ain e 4- rl''tl c:'. Sl s C-1 ;,CA a, ri 1), fo r, rn a r, uWe a 1, c e,a r e E", 111 IG dor a 1.1 "'Il o ic a 1 -'H ww s s �i-,i e d S 0 u, b e c 0 bt,:,% d c cm,"lf(.--:,l i"A", o n s a n as I S fll"l':`�'l'll S C 1, 11 cl ,,L n -t 1-i[, x ic, to as c) 't-, 1 - ie OD, C' . . . . . t 0 f,_� 1�1,'�I'l 171 c."," "T or,:i,ginal issl,110 "I'll.,,-, 1- �,I, , r I " ��u r�",i f or a, r i, c),t t:x:) b o i""i r�ii,a y b 1*�Lk 0 A, 1-1 I. 1"Ic" "'I :, hfl`_,,l,,,'l - -11" S't I r- b o "r i c,-,:'ils, 0 t ,I a 1011 1 wk �X Y a SEC 10 6* PL`,,,,".FI`I`I().N BY' LN I n c.,�,, j '13 110) h e fc�o,,,vj L J, er:l,` I 'j'I e�l cl g ei:,l y w ",J I f e L I i c a c -1, ie I_Vp J o 1 ar�-,i r,"':'J, r p"""L-, 0 t 1. r"ll 0 D e I,v.j r id, I a s s c s s rn c rr� s ,i, r i, 11�111 N 11 ll�l r-, all lessees i,,n, n s Cli b y t e xj�: r e s s a b e a C) �s e s s e n, of a s s e s s rn P r,c c 1,,.l. 's C;�, s vw e s, so r�, co, n,'l,_', "t c,", d t I, c e c 0 c), f 's, 1'.), wear 1-1, l) s e f e s h t, h, r'l d, g e d, "'i, i, c) i a d f7l If lilf! 71 '1�,�.J tl"I, c� Or"I c cfl I VV .1"N (? "I'l, O'l t,ffl,"l Z.3 e s a 401 1. e C a,. s s ei� -1);o S, n, 11 fo v S by tl-,i, c,,) I e �,)c:), r rr"i, �c:) p y, e U, ll`,�'l 1��i e o o s e ci,,, r ic::, f �ni "L g p n t 1"':#�"Ie C 0 c; 11.11 S, -t o "f" I "Vara p 0 r 1 1-1, p Y-f,, i,, e Y i� "t 't, c)) ,tAl, �l D I rt', c "t 0'.:tl,"", c)", FJ of" L j,�! l#P, 1"::, 'k ILA 1�1 �l I d s c s -t4 I ..... .. .. -t, d b Y, 1"), e Ch,, r i n L r", c s, 1"'t,,al 1. 'I ie no o s e d owcz)', 1:)l ve t o Ii;,,,�cve a 6A n�,,,,,:l a� rn nevv cif 5, s r,.J, c d tt,i- a n, c,-�),,a s s o f or-), e e c, fL, I a d M. 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This Bill repeals the Hawaii County Code, as amended, and adopts the Hawaii County Code 1975. Date Introduced: September 10, 1975 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on September 10, 1975, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Levin, Yadao and Chairman Yamada - 9. NOES: None. COUNTY CLERK COUNTY OF HAWAII ORDINANCE NO. 151 (Bill No. 159-1975) AN ORDINANCE REPEALING THE HAWAII COUNTY CODE, AS AMENDED, AND ADOPTING THE HAWAII COUNTY CODE 1975. Date Approved: September 24, 1975 Date Effective: October 1, 1975 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on September 24, 1975, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Lai, Levin, Yadao and Chairman Yamada - 9. NOES: None. COUNTY CLERK COUNTY OF HAWAII 1 ^e N Ted T. Suzuki COUNTY CLERK of OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HILO. HAWAII 96720 Mayor Herbert T. Matayoshi County of Hawaii Hilo, Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 159 passed by the County Council on second and final reading. o� COUNTY CLERK Encl. Dated: Sept. 26, 1975