HomeMy WebLinkAboutORD 1965-321 BILL NO. 356
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. 321
AN ORDINANCE PROVIDING FOR A COUNTY PLANNING COMMISSION AND PRESCRIBING ITS POWERS,
DUTIES AND FUNCTIONS.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII:
SECTION 1. Creation of County Planning Commission., There is hereby created
a County Planning Commission which shall consist of eleven (11) members, with the
Chairman and Executive Officer of the Board of Supervisors, the County Attorney,
and representatives from the Hawaii County Department of Public Works, Department
of Economic Development, and Hawaii County Board of Water Supply as non-voting,
Ex-Officio members. The eleven (11) voting members shall be appointed by the
Chairman and Executive Officer of the Board with the approval of the Board of
Supervisors and shall hold office for three (3) years or until their successors
are appointed and qualified; provided that of the members originally appointed
hereunder four (4) shall be appointed for a term expiring January 1, 1966, four
(4) members for a term expiring January 1, 1967, and three (3) members for a term
expiring January 1, 1968; thereafter every appointment shall be made for a term
of three (3) years commencing from the date of the expiration of the last preceding
term. Any vacancy shall be filled by appointment for the remainder of the unexpired
term as here-in above provided.
SECTION 2. Organization; employees; expenses. The Chairman and Executive
Officer of the Board of Supervisors shall name one of the members to act as chairman
of the Commission. The Chairman and Executive Officer of the Board of Supervisors,
with the approval of the Board of Supervisors, shall appoint an executive officer
and a deputy, to be known as the Planning Director and Deputy Planning Director,
respectively. 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 appropriations and funds have been provided by the Board of Supervi-
b sors. The Commission may incur expenses as may be necessary and proper and for
which appropriations have been made by the Board of Supervisors.
Ord. No. ..,
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SECTION 3. Quorum; meeting; 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 a 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 Board of Supervisors.
The term "published notice," wherever used in this ordinance, means 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 prior to the date of hearing , and the
second, two days prior to the meeting.
SECTION 4. General powers and duties. The County Planning Commission shall
advise the Board of Supervisors and the Planning Director in matter concerning the
planning programs.
A. 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 de-
velopment of the County of Hawaii and transmit same to the Board of Supervisors
for its consideration and action. The Board of Supervisors shall adopt the general
plan by ordinance. The general plan shall set forth the Board's policy for the long-
range, comprehensive physical development of the County. The general plan shall
include a map of the County and shall contain a statement of development objectives,
standards and principles with respect to the most desirable use of land within the
County for residential, recreational, agricultural, commercial, industrial, and
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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, relocation, 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 Board'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 apprevingr 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 Section 3. The general plan and all modi-
fications thereof, shall be kept on file in the office of the Commission.and--the-
office -o-f--the--Planning Director.
B. Subdivision regulations.
The Director, with the approval of the County Planning Commission, shall prepare
and submit to the Board 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 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 regula-
tions shall be enacted as ordinances of the County of Hawaii and shall be published
as provided by law for the publication of ordinances.
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C. Zoning regulations.
The Director, with the approval of the County Planning Commission, shall pre-
pare and submit to the Board 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 Section 5, and recommend to the Board
of Supervisors the adoption of an ordinance amending or repealing any zoning regu-
lation 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 Section 3.
Notwithstanding the foregoing, any ordinance regulating land use and affecting
lands in a redevelopment 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 143-7,
Revised Laws of Hawaii 1955.
SECTION 5. 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 Dollars ($100.00) to cover all necessary cost; provided that no such appli-
cation shall be considered by the Director unless seventy-five per centum (75%) of
the persons, being the owners or lessees (the unexpired term of which is more than
five years from the date of filing such application) of real estate situated within
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a distance of 750 feet from the nearest point of the real estate owned or held by the
application, 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 refer the application to the
Commission and the Commission shall consider and act upon such application by holding
a public hearing thereon, notice of which shall be given in the manner as provided
in Section 3.
SECTION 6. Miscellaneous powers and duties. The County Planning 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 Board of Supervisors, giving information regarding the condition
of the County and any plans or proposals for the development of the County and esti-
mates of the cost thereof, and these reports shall contain such other suggestions
and recommendations as the County Planning Commission feels should have immediate
attention.
SECTION 7. Transfer of personnel. All employees of the Planning and Traffic
Commission are hereby transferred to the County Planning Commission without suffer-
ing any loss of salary, seniority, prior service credit, vacation, sick leave or
other employee benefits or privileges.
SECTION 8. Change to County Planning Commission. Any ordinance of the County
of Hawaii referring to the Planning and Traffic Commission shall be deemed to refer
to the County Planning Commission when the subject matter relates to planning, subdi-
visions, zoning or other related matters.
SECTION 9. Repeal. County of Hawaii Ordinance tics--;:-.1#;-=rA=t om,-=j9µ==d 304
are hereby repealed.
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Date: AUG 4 1965 — AUG 1 S 1965
SECTION 10. Preservation of rights and liabilities. The repeal shall not
affect any act done, ratified or confirmed, or any right accruing or accrued or
established, or any action, suit or proceedings had or commenced in any civil
cause, prior to the repeal, and all rights and liabilities under any ordinance
embraced in or repealed by this ordinance shall continue and may be enforced in
the same manner and with the same effect as if the repeal had not been made.
SECTION 11. Section 21 of Ordinance No. 23 of the County of Hawaii is hereby
amended to read as follows:
"Section 21. Variance from zoning regulations:
Applicants who are owners or lessees holding under recorded leases
(the unexpired term of which is more than five (5) years from the date
of filing such application) of real estate affected by zoning regulations,
and who seek variances from, rather than changes in, such regulations,
shall file a written application therefore with the Director, setting
forth therein a description of the property, the regulations so affecting
it, and the conditions justifying a variance from such regulations. The
application shall be accompanied with a deposit of One Hundred Dollars
($100.00). Published notice and public hearing shall be in conformity
with the practice of the Commission. Upon a finding by the Commission
at the completion of the hearing that the application presents a situation
wherein strict enforcement of the existing regulations would involve
practical difficulty and unnecessary hardship, and further provided
that desirable relief may be granted in such a way as to grant relief
and at the same time protect the public interest and general welfare,
the Commission may issue a variance permit to such applicant upon terms
and conditions and for a period of time as the facts may warrant; provided
that in case a protest against any such variance permit of the Commission
is filed with the office of the County Clerk within twenty (20) days after
the issuance thereof by the Commission duly signed and acknowledged by the
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owners of 50 per cent or more of the real estate situated within a distance
of 300 feet from the nearest point of the real estate involved in the ap-
plication, such variance permit shall not be effective unless approved by
the Board of Supervisors by vote of at least five (5) of its members.
SECTION 21-A. Application for approval by the Board of Supervisors
upon denial by the Commission. The grounds for the denial of any variance
shall be stated in the minutes or other records of the Commission. If
the Commission shall deny any variance, the applicant for such variance
may present the same to the Board of Supervisors for approval within
twenty (20) days after the denial thereof by the Commission by filing
such application for variance in the office of the County Clerk; and
the Board of Supervisors may approve such variance, but only by the
affirmative vote of five (5) of its members."
SECTION 12. Section 6 of Ordinance No. 183 of the County of Hawaii, as amended,
is hereby further amended to read as follows:
"SECTION 6. Variances from zoning regulations: Applicants who are
owners or lessees holding under recorded leases (the unexpired term of
which is more than five (5) years from the date of filing such application)
of real estate affected by zoning regulations, and who seek variances from,
rather than changes in, such regulations, shall file a written application
therefore with the County Planning Director, setting forth therein a de-
scription of the property, the regulations so affecting it, and the condi-
tions justifying a variance from such regulations. The application shall
be accompanied with a deposit of Fifty Dollars ($50.00). The Commission
shall hold a public hearing on the application for variance and shall
publish notice of such hearing in a daily newspaper of general circulation
in the County for two (2) days (either including or excluding Saturdays
and Sundays), the first of such publication to be at least ten (10) days
prior to the date of hearing, and the second, two (2) days prior to the
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hearing. Upon a finding by the Commission at the completion of the hearing
that the application presents a situation wherein strict enforcement of the
existing regulations would involve practical difficulty or unnecessary hard-
ship, and further provided that desirable relief may be granted in such a
way as to grant relief and at the same time protect the public interest
and general welfare, the Commission may issue a variance permit to such
applicant upon such terms and conditions and for a period of time as the
facts may warrant; provided that in case a protest against any such variance
permit of the Commission is filed with the office of the County Clerk within
twenty (20) days after the issuance thereof by the Commission duly signed
and acknowledged by the owners of 50 per cent or more of the real estate
situated within a distance of 300 feet from the nearest point of the real
estate involved in the application, such variance permit shall not be
effective unless approved by the Board of Supervisors by vote of at least
five (5) of its members.
Where the relief requested is for a variance from lot size requirements,
the foregoing provisions as to notice and hearing need not be followed and
the Planning Director may vary such requirements, provided:
(a) that the applicant's situation involves difficult or unnecessary
hardship; and (b) that the relief granted will not be detrimental to
the public interest, convenience and welfare."
SECTION 13. Effective date. This ordinance shall take effect upon its approval.
IN 'el_ _ D BY: /
, I-
Supervisor, st Senatorial District
Hilo, Hawaii
Date of Introduction: August 4, 1965
Date of Adoption: August 18, 1965
8 O:u. No. ... % .......,
File bo.
M. Fi. AUG 18 1965
vcite: _..AUG 4._1965.
The faregolu8 .H.iII passed fist reading the Meeticyg
of the Boas. of Supervisors on August 18, 1965
the £eLl4Wins aye arta no votes.
AYES; Supervisors Hisaoka, Matayoshi, Jitchaku, Thompson
and Acting Chairman Yadao - 5.
ABSENT AND EXCUSED: Supervisor Greenwell and Chairman Kimura - 2.
K►bES: None.
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Caot4ty CLEW,
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