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

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• Section 25-6-32 Prohibited Areas. Specifically, the amendments to this section remove the prohibition of accessory dwelling units on: ■ any building site that has been approved by the State housing finance and development corportation (HFDC) and/or County housing agency; ■ any building site that are developed as a planned unit development or a cluster plan development; ■ building site where more than one dwelling unit is permitted in the zoning district; and ■ any building site which is the subject of an approved variance from the provisions of this chapter or chapter 23 (Subdivisions). The bill also adds a prohibition of accessory dwelling units on building sites where transient accommodation rentals are located. • Section 25-6-33 Designation of the ohana dwelling unit to be replaced with the title Designation of the accessory dwelling unit. Specifically, the amendment to this section removes the restriction of one `ohana dwelling unit on the same building site with the first single family dwelling and provides the Planning Director the authority to designate which dwelling on the building site is the first single-family dwelling unit or accessory dwelling unit. • Section 25-6-34 Height Limit. Bill 123 removes the height limit restrictions for accessory dwelling units and replaces the height limits to conform to the heigh limits for the zoning district in which the building site is situated. • Section 25-6-35 Minimum building site area and yards and replaced with Minimum yard requirements, duplex permitted. Specifically, the amendment to this section removes the minimum building site requirements of ten thousand square feet(10,000 sq ft) and removes the additional five-foot minimum front, rear, and side yard requirements. Bill 123 instead replaces the minimum yard requirements for an accessory dwelling unit in a nonconforming lot to meet the minimum yard requirements of the zoning appropriate to the parcel size. -4-