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amortization or phasing out of nonconforming uses apply to any existing <br /> building or premises used for residential (single-family or duplex) or <br /> agricultural uses; provided that uses that include the furnishing or <br /> offering of transient accommodations shall not be considered <br /> residential or agricultural uses and may be phased out or amortized <br /> in any zoning district by county zoning regulations;") (emphasis added in <br /> bold and italics) <br /> (4) A statement explaining: <br /> (B) How the decision appealed from is clearly erroneous: <br /> The Planning Director's decision is clearly erroneous because PC Rule 9 and <br /> Chapter 205A must now be read in pari materia with Act 17 (May 3, 2024) changes <br /> to HRS § 46-4(a). <br /> The Planning Director wrongfully approved the SMA exemption for <br /> SMA use permit assessment application No. PL-SAA-2025-000280 after the <br /> May 3, 2024 effective date of Act 17. <br /> Specifically, the Director erroneously overlooked the following facts: <br /> (1) The building and/or the premises used for transient accommodations at 14 <br /> Oeoe St. is neither a residential use under state law, §46-4(a) (2024), nor <br /> an existing "single-family residence" under Planning Commission Rule 9- <br /> 4(u), definitions: <br /> Single-Family Residence" means a detached building designed for <br /> and/or used as the complete facility for cooking, sleeping and <br /> living area of a single family only and occupied by no more than <br /> one family. Single family residences may include uses or <br /> structures normally considered accessory to the single family <br /> facilities provided that any such uses or structures are situated <br /> on the same lot or building site and are in compliance with all <br /> requirements of any county or state regulation, statute, or <br /> ordinance. A single family shall include all persons living in a <br /> dwelling related by blood, marriage or by adoption or a group <br /> comprised of not more than five persons not related by blood, <br /> marriage or by adoption. (emphasis added). <br /> (2) The additions proposed by PL-SAA-2025-000280 are not "repair, <br /> maintenance, or interior alterations" because they are additions to the <br /> footprint of the structure and "new." <br /> 8 <br />