HomeMy WebLinkAboutCOM 0677.010 2022-2024Heath et' L. Kimball
Council Chair & Presiding Officer
Council District 1
Amendment No. 1
DATE:
Mel
FROM:
Phone: (808) 961-8828
Fax: (808) 961-8912
Email: Heather Kimhallghawaiicaunt)-eon,
HAWAVI COUNTY COUNCIL
25 Atpod Street, Ste, 1402.
Hilo, Hmvai `i 96720
June 27, 2024
Members of the Hawaii County Council
Heather L. Kimball, Council Chair
Council District 1
SUBJECT: Proposed Amendments to Bill No. 123; An Ordinance Amending Chapter
19, Article 1 and Article 13, Chapter 23, Article 9, and Chapter 25, At
1, Article 2, Article 5, and Article 6 of the Hawaii County Code 1983
(2016 Edition, as Amended), Relating to Oliana Dwelling Units.
Transmitted herewith are proposed amendments to Bill No, 123. Except as otherwise contained
in the first and third amendments, which are shown with respect to the contents of the Hawaii
County Code 1983 (2016 Edition, as amended) as hereinbelow provided, the proposed
amendments are shown below in Ramseyer format with respect to the contents of Bill No. 123;
material to be deleted is bracketed and stricken, and material to be inserted is underscored.
1. Bill No. 123 is amended by adding a new section to be appropriately inserted and to react as
follows:
"SECTION 7. Chapter 25, article 2, division 1, section 25-2-3 of the Hawaii County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
"(a) Any application filed with the director or the commission, pursuant to this chapter,
including but not limited to a zoning amendment, variance, use permit, plan
approval, [ehana dwelling permit,] planned unit development permit, or cluster plan
development permit, shall be reviewed by the director for completeness within
fifteen days from the date that the application was filed by the applicant. An
application may be filed with the director or the commission in a format prescribed
by the director."
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Ref. To: A..,
Hmvai'i County is an Equal Opportunity Provider and EmployerRef. To -Date jif� 2Q2�
2. SECTION 7 of Bill No, 123 is renumbered as SECTION 8 and redesignated as follows:
"SECTION [-7-.] 8. Chapter 25, article 5, sections [25-2-3ka}>] 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 frep'_aeing eye_, _eferenee'e] striking "ohana dwelling" [with] and inserting
"accessory dwelling unit"[.] in lieu thereof."
3. Bill No. 123 is amended by adding a new section to be appropriately inserted and to read as
follows:
"SECTION 9. Chapter 25, article 5, division 2, section 25-5-27, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-5-27. Other regulations.
(a) There may be more than one double -family dwelling or more than two single-
family dwellings or any combination thereof on each building site in the RD
district; provided that the minimum land area requirement for each dwelling unit is
met.
(b) There shall be at least fifteen feet between the exterior walls of each main structure
on the same building site in the RD district.
(c) Plan approval shall be required for all new buildings and additions to existing
buildings in the RD district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(d) An accessory dwelling unit maybe located on any building site in the RD district,
as permitted under article 6, division 3 of this chapter.
[(d)] Le) Exceptions to the regulations for the RD district regarding heights, building
site areas, building site average widths and yards, may be approved by the
commission within a planned unit development,""
4. SECTION 8 of Bill 123, which amends chapter 25, article 6, division 3, of the Hawaii
County Code 1983 (2016 Edition, as amended), is renumbered as SECTION 10 and amended
by amending section 25-6-31 to read as follows;
"Section 25-6-31. Where permitted.
(a) Accessory dwelling units shall be permitted on a building site within the RS, RD,
RA, FA, and A districts.
(b) Any building site within the State land use agricultural district shall be subject to
agricultural requirements for farm dwellings as established by ordinance or by rule
of the director, adopted pursuant to chapter 91, Hawai`i Revised Statutes.
(c) Accessory dwelling units shall have a final inspection [and a elti fi ate 6�
eeeupaney] before use as a dwelling."
5. SECTION 9 and 10 of Bill No. 123 are renumbered as SECTIONS l 1 and 12, respectively.
Ij
b. SECTION I 1 of Bill No, 123 is renumbered as SECTION 13 and redesignated as
follows:
"SECTION [44-.] 13. This ordinance shall take effect on Rine 30, 2024 ]
September 30, 2024."
Due to the limited scope of these proposed amendments, a copy of the new draft of this
bill that would result if the amendments were adopted is not attached.
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