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<br /> <br /> r <br /> <br /> <br /> <br /> Honorable Russell S. Rokubun, <br /> Chairman, and Members <br /> Page 4 <br /> October 3, 1989 <br /> <br /> time, in which all control over ohana dwellings rests with the <br /> county government. H.R.S. 546-4(c), as amended by Act 313, <br /> S.L.H. 1989, states in its entirety: <br /> Each county may adopt reasonable standards to <br /> allow the construction of two single family dwelling <br /> units on any lot where a residential dwelling unit is <br /> permitted. <br /> Consequently, the sections of the Hawaii County Code are all of <br /> the standards for ohana permits. <br /> <br /> Hawaii County Code 525-4(b)(41) defines 'ohana dwelling' as: <br /> <br /> [A) second dwelling unit permitted to be built as <br /> a separate or an attached unit on a lot where a <br /> dwelling unit is permitted pursuant to the provisions <br /> of Article 25 of this chapter. <br /> The word 'lot' is defined as '...a building site or a parcel of <br /> land shown as a unit on an approved and recorded subdivision <br /> map.' Hawaii County Code S25-4(b)(36)(A). [Emphasis <br /> supplied.] As was pointed out above, condominium 'apartments' <br /> do not fall within the definition of subdivided land, and may be <br /> transferred without having received subdivision approval by the <br /> County of Hawaii. However, if they are not approved as <br /> subdivisions, then the 'apartments' cannot be defined as 'lots' <br /> and are therefore not capable of being issued 'ohana' permits <br /> pursuant to Chapter 25, Article 25. <br /> III. issuance of Ohana Permit to Lots in a Subdivision <br /> to be Owned Under Condominium Property Reaimes <br /> Where land owned as a condominium property regime has been <br /> properly subdivided and approved by the County of Hawaii <br /> pursuant to the Subdivision Code, then it is possible for ohana <br /> permits to be granted to the subdivided parcels. <br /> As an example, suppose a parcel of land located in a district <br /> zoned RS-10 (single family residential, 10,000 square foot <br /> minimum lot size) were to be legally subdivided into a number of <br /> 10,000 square foot lots. Improvements were properly completed, <br /> and final approval received from the Planning Director. Each <br /> lot is then a 'unit on an approved and recorded subdivision <br /> map.' Hawaii County Code S25-4(b)(36)(A). Instead of selling <br />