ORD 2024-070 2022-2024 - Laserfiche WebLink

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community subdivision,provided that the planning director in consultation with the director of public works and the manager-chief engineer of the department of water supply may require the improvements necessary to further the public health and safety. All of the proposed lots within a plantation community subdivision shall prohibit the construction of an [ohana dwelling] accessory dwelling unit or second dwelling unit, or any structure that will further any increase in density of the plantation community subdivision. This prohibition shall be recorded in the deeds of all the proposed lots with the bureau of conveyances and shall be submitted to the planning department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the bureau of conveyances likewise prior to final subdivision approval." SECTION 5. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by repealing the definition of"Ohana dwelling.": "["Ohana dwelling" means a second dwelling unit permitted to be built as a separate or an attached unit on a building site, but does not include a guest house or a farm dwelling.]" SECTION 6. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding a new definition to be appropriately inserted and to read as follows: 'Accessory dwelling unit" means a structure or portion thereof designed and used for single-family residential purposes and which can be detached from or attached to an existing residence, to be used for single-family occupancy and containing one kitchen." SECTION 7. Chapter 25, article 2, division 1, section 25-2-3 of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as follows: "(a) Any application filed with the director or the commission,pursuant to this chapter, including but not limited to a zoning amendment, variance, use permit, plan approval, [ohana dwelling permit,] planned unit development permit, or cluster plan development permit, shall be reviewed by the director for completeness within fifteen days from the date that the application was filed by the applicant. An application may be filed with the director or the commission in a fouuat prescribed by the director." SECTION 8. Chapter 25, article 5, sections 25-5-8(c), 25-5-57(c), 25-5-67(d), and 25-5- 77(d), of the Hawai`i County Code 1983 (2016 Edition, as amended), are amended by striking "ohana dwelling" and inserting "accessory dwelling unit" in lieu thereof. 2