COM 0910.003 1996-1998 - Laserfiche WebLink

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Honorable Russell S. Rokubun, Chairman, and Members Page 3 October 3, 1989 property developer is attempting such a subterfuge, the municipal government may impose the requirements of a subdivision. Planning Board 2f thg Town of Naples y~ mud, 444 A.2d 40 (Fla. 1982); People y.. Grundy County National Bak, 97 Ill. App. 3d 101, 52 Ill. Dec. 646, 422 N.E.2d 648 (1981). Therefore, a condominium and a subdivision are neither identical, nor mutually exclusive. Real property may be subdivided and receive approval from the County as a subdivision pursuant to the Subdivision Code, yet still be sold and owned as a condominium under HRS SS514A, et seq. The distinction between condominium ownership and subdivision use is important, because as will be shown below, an ohana permit may only be granted on subdivided land. II. Ohana Permits The so-called ohana dwellings are permitted by the Planning Department in accordance with Chapter 25, Article 25 of the County Code. This article was based upon Act 229, S.L.H. 1981, which amended 546-4 of the Hawaii Revised Statutes. In its initial form, the act stated: Neither this section nor any other law, county ordinance, or rule shall prohibit the construction of two single-family dwelling units on any lot where a residential dwelling unit is permitted; provided: (1) All applicable county requirements, not inconsistent with the intent of this subsection, are met, including building height, setback, maximum lot coverage, parking and floor area requirements; and (2) The county determines that public facilities are " adequate to service the additional dwelling units permitted by this subsection. Each county shall establish a review and permit procedure necessary for the purposes of this section. Over the years, however, the county governments have been given more control over this permitting process until the present