HomeMy WebLinkAboutBIL 123 Draft 02 2022-2024COUNTY OF HAWAVI
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STATE OF HAWAII
BILL NO. 123
DRAFT 2
ORDINANCE NO,
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 1 AND ARTICLE 13,
CHAPTER 23, ARTICLE 9, AND CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 5,
AND ARTICLE 6 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO OHANA DWELLING UNITS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAPI:
SECTION 1. Chapter 19, article 1, section 19-2, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by repealing the definition of "Ohana dwelling."
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SECTION 2. Chapter 19, article 1, section 19-2, 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:
.... AccessoU dwelling unit" means a structure or portion thereof designed and Used for
single-family residential purposes as permitted tinder chapter 25, article 6, division 3 of this
Code and which can be detached from or attached to an existing residence to be used for single-
family occupancy and containing one kitchen,"
SECTION 3. Chapter 19, article 13, section 19-104, of the 1-lawai`i County Code 1983
(2016 Edition, as amended), is amended by amending subsection (a) to read as follows:
"(a) An owner of real property that has a single-family dwelling, [ohana d, elli g^ ]
accessory dwelling unit, farm dwelling, duplex, or double -family dwelling unit(s)
and who installs a solar water heater on the owner's property on or after January
1, 2008, shall be entitled to a one -tine tax credit per tax neap key of up to $1,000
under this article against the owner's real property tax liability, except for the
minimum tax from all property taxes,"
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 dwelliff9l 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.":
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:
.... Accessojy dwelling unit" means a structure or portion thereof designed and used for
single-family residential purposes and which can be detached from or allactied to an existin
residence, to be used for single-family occupancy and containing one kitchen."
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, [ ennmit-,] 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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SECTION 8. Chapter 25, article 5, sections 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 striking
"ohana dwelling" and inserting "accessory dwelling unit" in lieu thereof.
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 wails 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.accessM.dwelling unit may be located.on..any.building site in the RD district
as permitted under article 6, division 3 of this chapter.
[(d)] Ue 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,"
SECTION 10. Chapter 25, article 6, division 3, of the Hawaii County Code 1983 (2016
Edition, as amended), is amended to read as follows:
"Division 3. [0hana Dwellings.] Accessory chiselling units.
Section 25-6-30. General provisions, applicability.
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(2) —Potable Water Supply. The building site sl,nll l,e served by an approyed pe
of -the department of water supply
a�.rhieh system c nnnr mmodate the .,1, •+.,., dwelling and the main dwelling unit, /A fl
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ohana dwelling that is not served by an approved public or private wateF syste—
use a W-atef: eatehmen! system provided that the direetat! determines that ili-.
„ff eie t annual„f 11 in the afea t,, . „ed to a ..,ter e tel,,,,e t- system and
water eatchment system meets the requirements of the departmew of health and t e
(3) Fire Nateefien The building Site .,1,.,11 1 SeFVed by adequate fife „ eteetio measures
meeting with the requirements of the re dopar-t,,,._,,,t
!Al St,. ts The build: site shall gain aeeess to a ,hl: er fiyate streetmeeting :tl,
the-equi ements_ of the do>-,n.,t,,,ent ef_ ti„,blies wedEs.]
The following facilities are required to serve an accessory dwelling unit;
1 Sewage. Dis osal S stem. The building site shall be served by a public orrivate
sewage dis osal system and shall meet the re uirements of the State department of
health,
(2) Potable Water Supply. The building site shall be served by public or private water
system, rain catchments stem or private well. A combination of waters stems may
also be allowed when approved by the director after meetingthe �e requirements of the
State department of health.
Section 25-6-31. [ lling permit. Where permitted.
[(a) An applieatien for an ehana dwelling permit en any building site shall only be aeeepteM-:�y
e F . the ,b-d „, building _site_ s lo ate For of this
1,a tll• purposessubsection,
"eompletion" means the construction of all of the L ision o
5 dFainage, ', and if ppheable, wastewater systems, in
aeeafdanee with appfaved eaft9truetion plans, whieh improvements have been eemplefed to
the sat:sf do of the d;reetef fpubl:e works.
e eligible
apply f a ,h „t ohana dwelling „Viler
�,;t n afty building site _F _ period of two
yeafs ft-effi the date en whieh the first ahana dwelling unit was completed to the satisfae6ei,
of the director of public works. Fof purposes
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shall be eensidefed the appheant. The -director sliall maintain and keep readily wvailable-fe'l-
public reference a current list of applicants for ehana dwelling tinits, I„ding the, dates e
applioation and approval or denial.
(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 lard 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 Accessoa dwelling units shall have a final ins ection before use as a dwellin .
Section 25-6-32. Prohibited areas.
[Ghana] AcceA ssory dwelling units shall be prohibited in the following areas:
[(a)] M Any building site within the State land use conservation district;
[] (2 Any building site developed tinder an affordable Dousing project [approvedby
the State hetising fi a„ee an l le�.el.,,,.,,e„t e atio (HFD ) a.,d/ei. the Getinty
housing age„ey] which has been granted preemptions from the requirements of this
Code;
[(e) Any Wilding site developed, US R plantled tink develepnient (P.U.P.) eF a eltister plan
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[(d)] LD Any building site where a than etie dwelling ;t itted in the
. this .;n+ i ,,nl,l;.,n_ h.,;ld;s,seaa4�
it_tht permit more than a e_dwel_1;.,gt,n it in_tRS he
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7 dwellings,WA-.1#gz --lies -and multiple family care homes,
family eh;l.l care homes, living
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group ririrrb— z[i TCTGTj a'13d single family dwellings whi
are] with transient [vacation uni ;] accommodation rentals; or
this ehaptn,. n eha„ter 23 ra„h ;..:�; ,,,��•]
[(f)] (4� Any building site on which the construction of an [ehana] accessory dwelling
unit or a second dwelling unit is specifically prohibited by a change of zone
ordinance.
Section 25-6-33. Designation of the [ehnna] accessory dwelling unit.
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pefmit4ed on the safnebuilding site with the first single family dwelling .]
[(-b)] The director may designate an existing, first single-family dwelling unit as an [ehana]
accessory dwelling unit in order to allow permitting of a new first single-family dwelling unit
[stietinit,;l, ing site a„ dam,
eomplies ei- will be odd fiord to n „ly with all the r „ts of this division].
Section 25-6-34. Height limit.
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twenty five feet, i:egardless of whether a greater height limit is provided f-t the district. I
The heiaht limit for
I in ! unit shall be the heiaht
district in which the building site is situated.
Section 25-6-35. Minimum [bui4dring site are*-*r=d-yiwd-s�] yard requirements; duplex
permitted
[areaminimumth the first dwelling and
the ohana dwelling unit .hall he ten thousand square feet
[(b)] (a The minimum front, rear, and side yard requirements for [a detached ohana] an
accessory dwelling unit shall be the minimum yard requirements for the zoning district in
which the building site is situated [plus an additienalfive f I unless the parcel is
nonconformine to the zoning district, in which case the minimum yard requirements of the
zoningappropriate to the parcel size shall be required,
[(c-)] (b) An [ehana] accessory dwelling unit and a single-family dwelling unit may be
constructed as a duplex (i.e., there is a common wall or floor/ceiling).
Section 1 [Guesti
[A guest hetise, as described in seetion 25 4 9, shA not be -permitted en any building site
beenpermil4ed of eenstfueted. if an existing guest house is
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Section 25-6-37. Off-street parking spaces.
The number of parking spaces for an [e1an ] accessoiy dwelling unit shall be as provided
under section 25-4-51,
Section 25-6-38. [ .] prohibited uses.
permit� 1 0 Vaf iII f+,om either this ehapter or chapter 23 (subdivisions), shall be granted to
addition, in
ahana dwelling tinit shall not "et:ffiitted an a building site for- whieh a vaFianee f+etB either this
ehapter or ehaptei! 23 (subdivisions), has already been grant] Accessory dwelling units shall
not be permitted for use as transient accommodation rentals.
Section
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one year fi-em the date that the ehana dwelling unit perfflit was issued. A thirty day fii
extensionbe bythe difeeter if it ean be den-150fratedby !he appliemit that
tionp rferfflaiiee was not the result E)f the applieant's fault of iiegligenee. in the event that
unit within !he one year 4me-pe4ed, or
dwelling unATefmit shall bevoid,
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Section i i\/�S!!�!1"Fi1l�f!HK!!�F
A permit fef an ahana dwelling tinit shall be persetial to the applieant and shall i e
has-beentfansferable or assignable to any othef person until eenstruetion of the ehalla dwelling i
ofpublici
• No person or fepfesent o the publie that a permit to construct ohana
dwelling unit is transferable with the sale Vf the property on Y
Section 25-6-39.4. [ entions.] Repealed.
[All pendin— s fef ahana dwelliflgs filed with the direetef prior to May 4, 19966
shall be-pfe , with the emeeptieii ef the filing fee. Th
director may require the applieant to subjAt additional information to comply with this ]
Section 25-6-39.5. [Illegally eonstrueted ohnna dwelli Repealed,
[in the event that an ohana dwelling unit is construeted eofftrat�f to the pfevisions of
divisioa, with of :th ,tpevm,{f been iss-t athe ehana dwelling unit, shall l,e
removal
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and et�einjnent of the unlawful obana dwelling shall immediately be
eed fda ,dip
with this„hapte' ] ll�+al l�
Section
ohana dwelling unit ifi
applicantw
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w !t.fansfer an ohana dwelling unit pettm4
issued bythe direetorp6or to i • i ofthe constmetien
unit and final approval bythe directorof r r
notieeof r
Section 25-6-39.7. [GIs:] Repealed.
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SECTION 11. Material to be repealed is bracketed and stricken, New material is
underscored, In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 12, Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable,
SECTION 13. This ordinance shall take effect on September 30, 2024.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 677.16
INTRODUCED BY:
—T 'Oexllw 67Q�r'K-�
COUNCIL MEMBER, COUN Y OF HAWAPI
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COUNCIL MEMBER, C b UNTY OF HAWAI`I
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