HomeMy WebLinkAboutORD 1990-113 1988-1992COUNTY OF HAWAII ;,STATE OF HAWAII
Bill No. 303
ORDINANCE NO.
90 113
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), ARTICLE 1,
DIVISION 7, SECTION 25-39 OF THE HAWAII COUNTY CODE 1983, AS
AMENDED, RELATING TO THE CONSTRUCTION OF BUILDINGS FOR HUMAN
OCCUPANCY.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTIOPd 1. The purpose of this ordinance is to amend Section
25-39 to allow the development of dwelling units in conjunction Keith
the installation of subdivision improvements under certain
circumstances.
SECTION 2. Chapter 25, Article 1, Division 7, Section 25-39 is
amended as follows:
"Section 25-39. Conditions for construction of buildings
designed for human occupancy. In any district that permits building
sites of two acres or less in area, no building designed or intended
for human occupancy shall be constructed and no permit therefore
shall be issued unless:
(1) At least 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] the appropriate agencies.
(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) The streets, water supply system, and sewage
disposal system all are constructed and maintained by private r..eans
and have been approved by appropriate agencies; or
(3) 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 keen
designated by the planning commission and the boundaries thereof
indicated on the zoning map.
(4) The building site is part of a subdivision where the
dwelling unit(s) is being constructed in coordination with the
subdivision improvements and that the following conditions have heen
complied with•
(A) That subdivision construction drawings shall be
submitted and approved and final plat map shall be submitted anal
reviewed prior to the issuance of any building permits.
(B) That plans for final plan approval shall to
submitted and final plan approval secured prior to the issuance of
any building permits.
(C) That final subdivision approval shall be
secured prior to the sale or offering for sale of anv of the lots or
dwellings thereon within the building site.
(D) That final occupancy of the dwellings shall not
be granted until the subdivision. improvements are completed in
accordance with the plans and approved by the appropriate agencies."
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SECTION 3. Material to be repealed is bracketed. 'New material
is underscored. In printing this ordinance, the brackets, bracketed
material, and underscoring need not be included.
SECTION 4. If any portion of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are
declared severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUN I MEMBER, COUNTY OF AWAII
Hilo, Hawaii
Date of Introduction: September 5, 1990
Date of 1st Reading: September 5, 1990
Date of 2nd Reading: September 19, 1990
Effective Date: September 26, 1990
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