HomeMy WebLinkAboutBIL 123 Draft 03 2022-2024COUNTY OF HAWAII
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BILL NO. 123
(DRAFT 3)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE I 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."
i
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:
.... Accessojj dwelling unit" means a structure or portion thereof designed and used for
sin le-famil residential purposes as permitted under chapter 25article 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 Hawaii 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, [ohaaa g,]
accessoa 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-time tax credit per tax map 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 1993
(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 inanager-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 ,,...ells ",I accessory dwelling unit or second dwelling unit,
or any structure that will firrther 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:
""Accessor dwellin unit" means a structure orortion 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, 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, [ohana dwelling pa, nit, 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,"
2
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 -fancily 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 may be located on any building site in the RD district,
as permitted under article 6, division 3 of this chapter.
[(d)] U 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. [0hann Dwellings] Accessory dwelling units.
Section
[Ohana dwellings shall be pefmitted on a building s4e within th. S, •
LA, FA and A ed that:
building by V
WildingState
agrieultufal requirements f6f Afffl dwellingsestablishedby ordinance orby
director,i to
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(2) Potable Alater Supply, The builditig gite shall be sefved by an approved publie Of
private watef system meefing with thp. ' . tts of the depaftment of water supply
YY 11ILl V V1tN11(L dwelling
ohafia dwelling that is not sefved by an appreved public or private water system may
use a watef eatehment system provided that the director detemines that theFe is
,ffi nt anatial„f ll in the area to accommodate a water- eatehffient system mid
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SS t'ei! eatf.11me t system
y stAlll-meets
eet s33�2]1en4s Vf LL tl_department o health
and
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department ofwater supply-,
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(3) Fire Proteetion. The building site shall be served by adeqtiate f4e pfeteefien ffieastit�es
i:neeting with the requir-effients of the fire depat:tmetA,
(4) Stfeets. The building site shall gain aeeess to a publie or private street meeting with
the ,. ntn of the d,,pa ft,,,e t f publie , .-...l,n,l
The following facilities are required to serve an accessory dwelling unit:
(1) Sewage Disposal System, The building site shall be served by a public or private
sewage dis osal s stein and shall meet the requirements 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 m
also be allowed when approved by the director after meeting the requirements of the
State department of health,
Section 25-6-31. [Eligibility ' .] Where permitted.
[(a) An applieatien fef Eta ehana dwelling permit en a" btAding site shall only be accepted by
the difeeter aftef the eej:npletion of all subdivision improvements required by ehapter-23
(subdivisions), f is <.hthe subdivision i ie the building site is 1 emedo,-purposes of tl,:c
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roads,subseefieneeffiplefieameans the eeiistr-uefian ef all of the subdivision improvements
including the subdivision drainage, water, and if applicable, wastewatep 7
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aeeo danee with approved construction plans, whiek inVvavements have been eamplete
the satin f t;,,Y, f the tiblic �v�vrlcs
(b) Only one permit application f--r an ohana dwelling unit may be aetive for an), atie app
at any time. Any applicant who has obtained , hana dwelling p ,;t shall not be elig;l,l
or- apply for- a stibseqtient ahana dwelling permit on any building site for a pef4ed af two
years ftem the date on whieh the first ohana dwelling tinit was eefflpleted to the satisfaction
eses efthis subsection each t:tleholdtlr and efsan
named in an application fbr an ohana dwelling permit, purstiant to seetion 25 6 39(a)(2�,-
--lie re crcn s including the dates a
Le r,.,'.e tion and approval of 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 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, Hawaiii Revised Statutes.
(c) Accessory dwelling units shall have a final inspection before use as a dwelling,
Section 25-6-32, Prohibited areas.
[91t] Accessory dwelling units shalt be prohibited in the following areas:
[(a)] W Any building site within the State land use conservation district;
[(b)] Q Any building site developed under an affordable housing project [appfo:�v,ed b-
the State housing fi„ ancorporationatid/ar- the County
housing agency] which has been granted preemptions from the requirements of this
Code; or
C(e) Any building site deep
deyelopme ,r (G n n );
(d) Any building site where more than one dwelling unit is permitted in the zening distr F
building sites that „ ,i e than dwelling unit ; , the RS dint,.; r
including ,
dwellings,building sites with duplex and multiple family care homes,
family child
eafe-i3o'mes, g}{etip living f4eilities, and _single family dwellings which a tr .t
aeca.,�s
(e) Any building site which is the subjeet of an approved variance ftom
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Ivsrsvrrsvr
this ehaptei! �p��s);
(f)] (3) 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 [aka] accessory dwelling unit.
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pefinit4ed en the same building site with the first single family dwelling ]
[(4)] The director may designate an existing, first single-family dwelling unit as an [off]
accessory dwelling unit in order to allow permitting of a new first single-family dwelling unit
[when
kr...,f,,pfie - - ,ill !,comply„ts of this division].
Section 25-6-34. Height limit.
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e feet, fegardless of whether a greater- height litBit is provided for the zening •]
The height limit for an accessoi dwelling unit shall be the height limit for the zoning
district in which the building site is situated.
Section 25-6-35. Minimum [building site aren and yards.] yard requirements; duplex
permitted.,
[(a) The minimum building site area for- a building site eentaining both the first dwelling and
!lie ohana dwelling tink shall be ten thousand square feet,
[(b)] O The minimum front, rear, and side yard requirements for [a detached ohana] an
access i dwelling unit shall be the minimum yard requirements for the zoning district in
which the building site is situated [plus a additional five fe + ] unless the parcel is
nonconfornninm to the zoning district, in which case the minimum vard requirements of the
zoning appropriate to the parcel size shall be required.
[(e)] O An [ehanu] 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 25-6-36. [Guest i.ous Revealed.
[A guest house, as deseribed in seetion 25 4 9,
where an oliatia dwellifig tinit has been effflitted or constructed, if an existing guest house is
situated on abuilding site, at vli ana dwelling unit shall „et alse b"ermitted on the 1-.,,:l. ing
Provided, that an existing guest house may be eanvefied inte an ahana dwelling tinit i
aeeafdanee with the feqeir-ements of this divisiefi-.]
Section 25-6-37. Off-street pai-king spaces.
The number of parking spaces for an [ehanra] accessory dwelling unit shall be as provided
under section 25-4-51.
Section 25-6-35. [ .] Permitted uses.
er-iBit the eenstruefieft E)p plaeement ef an ahana dwelling unit on a building site. in addiiian, an
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hana dweiling unit shall not be permitted on a building site fef whieli a ��arianee ftem either this
ehaptei! or ehapter 23 (subdivisions), has already been .] No n7ore than one accessory
dwelling unit shall be permitted for use as a transient accommodation rental, provided there are
no other transient accommodation rentals on the building site.
Section 25-6-39. [Appliention for- ohana dwelling permit; irequirenten4s7.] Repealed.
be filed with the director on a V
presefibed far- this puTese by the difeetep, and shall be accompanied W
of
(2) The names and addresses of all the ownefs of
the property by association, Y
and addresses of all partners, V
and
(3) An Etffida:vit, in the farm pfeset!ibed by the direetor, verifying that there is ne-
restrietion
Y
i or
dwelling ev a secondon i
Y applicantll Y of Vhana r
own r-9 and lessees ekeeer-d as previded by seetion 25 2 11. The apphean! shall also serve
nefiee en all owners of the property identified in the appheatien i did not
application, known ti pro e
I
ehana dwelling permit applieatien.
Section i[Action Y l—.Rg permit.] Repealed.
direeter shall f-er-wafd the
applieFtfiefi te appropriate agencies for review and eamiiient on the adequaey of these
for the r
period Y V
W
1 LBuilding permit for
• V of an ahana dwelling unit shall be seeured withi a) A
11the date that !he (3hana dwelling unit peffflit was
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e�itension may -be gr-atAed by the direetor if it canbedemonstratedby
nonperferfflaneenot Wthe applieat#'soF negligeiiee. in the event
the applicant iseeufe ar
iinit within the one yeav tinie period, or any extension granted by the direetev, the Oliane.
dwelling tiii4-peffflit shall be void.
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Sectioni \of permit.] Repealed.
A
permitfef anaha personal W the applieant and shall n
transferable or r toanyothe --nfij eenstruetieti of the ohamff4w.—, -6 ul
V Yleted and final appfevai has been issued by the publie works.
1 Vhaym
dwelling unit is tfansfer-able with the sale of the pr-eper-ty on which the pevmit
Section 25-6-39.4. [ .] Repealed.
[Ah- dir-eeter prior to May 4, 1 nv
in accordanee with !his diAiien, with the exeeption of the filing fee.
e .]
illegally eo n+.,ueted Amin d well;,,..�.] Repelled.
Section - - �=�L s« vZ�nz
[In !he e,,�ent-that an oliana dwelling unit is eatistrueted eentrafy to the provisions of thi-S
division,ith or without ., permit thew of . having -been issued_ the o a dwelling tinit, sha:1 l,e
and et�einmef4 of the unlawful ehana dwelling shall immediately e od in aeeewale
with this eliapter.]
director preeeedings to revoke a ermit fat! anehatia dwelling unit if:
application-,
ineluding all
i
uppheant tvansferredor r
issued by the direeter prief te eeffiplefien of the eenstfuetienoftheohana dwelling
tinit and final approval by the direeter of publie wed(s.
revocation on r r
h
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Section 25-6-39.7. [Afgeals-.] Repealed.
I AA 1 the director's aetieii to the beafd ef appeals, in aeoerdanee with this ehapter, withi
thirty days Aef the date of the direetor's ]"
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.
INTRODUCED BY:
COUNCI MEMBER, COUNTY OF HAWAI`I
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm, 677.23