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<br /> <br /> <br /> <br /> <br /> Paget S.B. NO. S39 <br /> 1D51 <br /> <br /> <br /> <br /> l apartment shall not exceed the number of dwelling units allowed <br /> <br /> 2 per zoned lot of record by the existing underlying county zoning. <br /> 3No apartment shall be established or held for sale for <br /> <br /> 4 residential use or intended to be conveyed with reservation <br /> <br /> 5 rights to alter, improve expand convert or replace a <br /> <br /> 6 nonresidential apartment with a residential apartment, that <br /> 7 exceeds the number of dwelling units allowed per zoned lot of <br /> <br /> 8 record by the underlying county zoning existing at the time the <br /> <br /> 9 declaration and condominium plans are recorded. <br /> 10 (b) For any project with individual detached apartments <br /> <br /> 11intended for residential use including farm dwellings, or <br /> <br /> 12intended to be converted to residential use, the area of the <br /> <br /> 131imited common element designated for exclusive use by each <br /> 14 detached apartment shall conform to minimum lot size <br /> <br /> 15 requirements use restrictions and development standards of the <br /> <br /> 16 underlying county zoning existing at the time the declaration and <br /> <br /> 17condominium plan are recorded; except for those projects that <br /> 18 have been granted cluster zoning or planned unit development <br /> <br /> 19approval by the appropriate county land use decision-making <br /> <br /> 20 authority of the county in which the project is located." <br /> <br /> 21 SECTION 3. Section 514A-3, Hawaii Revised Statutes, is <br /> 22 amended by amending the definitions of "apartment" and <br /> <br /> 23 "condominium" to read as follows: <br /> <br /> <br /> <br /> <br /> <br /> 1998-0772 SE3195 SD1 SMA <br />