PD Background & Recommendation Report (PL-CCI-2024-000005) Bill 123

Home

SECTION 4. Chapter 23, article 9, section 23-108, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 23-108. Infrastructure. Notwithstanding any other provisions herein,the requirements of this chapter to provide infrastructure improvements shall not apply to a subdivider of a plantation 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 [ehana dwell 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 Hawaii County Code 1983 (2016 Edition, as amended), is amended by repealing the definition of"Ohana dwelling.": "["Ohana dwelling" means a secend dwelling unit pemflifted to be built as a sepafa4e of an aRaehed unit on a building site,but does not inelude a guest heuse er-a fafffi ]„ SECTION 6. Chapter 25, article 1, section 25-1-5, of the Hawaii 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, sections 25-2-3(a), 25-5-8(c), 25-5-57(c), 25-5-67(d), and 25-5-77(d), of the Hawaii County Code 1983 (2016 Edition, as amended), are amended by replacing every reference to "ohana dwelling"with"accessory dwelling unit". SECTION 8. Chapter 25, article 6, division 3, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Division 3. [Ohana Dwellings.] Accessory dwelling units. 2