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Home My WebLink AboutBIL 123 Draft 04 2022-2024COUNTY OF HAWAI`I �rE�oF'Hr� ORDINANCE NO. STATE OF HAWAI`I BILL NO. 123 (DRAFT 4) 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 HAWAI`I: 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 "Ohara dwelling." 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: ""Accessory dwelling unit" means a structure or portion thereof designed and used for single-family residential purposes as permitted under 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 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, [ohafla a.< elli « 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-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 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 [^han dwells ] 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.": "["Ohana dwelling" means a seeend dwelling unit permitted to be built as a sepfffate 0 an tumid -unit on a bttildingsite, does not include a guest house or a farm 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: ""Accessory dwelling unit' means a structure or portion 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, [ehana dwelling pen -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." 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. 2 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 may be located on any building- site in the RD district, as permitted under article 6, division 3 of this chapter. [(d)] Lej 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. [Ohana Dw-e] Accessory dwelling units. Section 25-6-30. General provisions, applicability. F, M.T. MORRIT3 MIME I PRITAMMURN.F.M. IMMM M-irmrn : - : .:: : : depaAffient of water supply- (3) nieeting with the fequifements of the fife depaftnient-. (4) Stfeets. The building site shall gain aeeess to a publie of pfivate street meeting wi the ,-eq i,-om eats of the .lo,..,,-+.,- ent .,f publie , afks.] 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 disposal system and shall meet the requirements of the State department of health. (2) Potable Water Supply. The building site shall be served by a public or private water system, rain catchment system, or private well. A combination of water systems may also be allowed when approved by the director after meeting the requirements of the State department of health. [EligibilitySection 25-6-31. An ::aecepted by subdivision(subdivisions), for the :: subdivision subdivisionineluding the :. .:: aeee danee with appfoved construction plans, whieh iniprovenients have been eompleted4o, the satisfaction : ...rrx-,u=e permit applieation for- an oharia dwelling unit may be aetive for- any one applie-,�: at any time. Any applieant whe has obtained an ehana dwelling permit shall not be eligib4e. or- apply faf a subsequent oharia dwelling peftnit on any building site faf a period of two years fr-om the date on whieh the fifstoharia dwelling unit was eompleted of the difeetof of publie works. F-of pUtposes of this subsection, eaeh titleholder- and pefson named in an applieation fef an ohana dwelling peffflit, pufsuant to seetion 25 : • shall be considered the applieant. The director- shall maintain and keep r-eadily available fe :applieants f6f: - : applieatien and appfeval E)r- denial.] (a) Accessory dwellinL, 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 before use as a dwelling_ Section 25-6-32. Prohibited areas. [Ohan Accessory dwelling units shall be prohibited in the following areas: [(a)] Any building site within the State land use conservation district; [(b)] Any building site developed under an affordable housing project [appi,&ved-by the State housing finanee and development eer-pefation (14FDC) and/or- the County housing g agency] which has been granted preemptions from the requirements of this Code; or .... . . .... . N - ------------- ... . .......... Any building site on which the construction of an [eh -an ] accessory dwelling unit or a second dwelling unit is specifically prohibited by a change of zone ordinance. Section 25-6-33. Designation of the [ohana] accessory dwelling unit. pefmitted on the saffie building site with the fif st single family dwelling u [(b)] The director may designate an existing, first single-family dwelling unit as an [ohan accessory dwelling unit in order to allow permitting of a new first single-family dwelling unit [when stieh existing dwelling is the enb, dwelling unit on the building site and the dwelling unit eemplies or- will be medified to eamply with all the r-equir-ements of this divisie Section 25-6-34. Height and size limit. [Exeept when the living areas elf the Oh-AB.-Adwelling unit and the fifst dwelling unit afe joined by a eemmen wall, fleef, of eeiling, the height limit for an ehana dwelling unit shall b-e twenty five feet, regardless of whether a gineatef height limit is pfevided far the Zening district.] An accessory dwelling unit shall not exceed one thousand two hundred and fifty square feet in living area, exclusive of any lanai, garage, or carport, and further shall not exceed the height limit for the zoning district in which the building site is situated. Section 25-6-35. Minimum [building site area and yards.] yard requirements; duplex permitted. [(a) The minimum building site are a for- a btti Wing site eentaining b eth the fif st dwelling and the ehana dwelling unit shall be ten thousand squafe feet.] [(-b)] Oa The minimum front, rear, and side yard requirements for [a detaehed 0 an accessory dwelling unit shall be the minimum yard requirements for the zoning district in which the building site is situated [plus an additional five fe ] unless the parcel is nonconforming to the zoning district, in which case the minimum yard requirements of the zoning appropriate to the parcel size shall be required. [(c-)] � 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 25-6-36. [Guest hous ] Density limit. [A guest house, as described in seetion 25 4 9, shall not be pennitted on any building si+e where an ehana dwelling unit has been pefmitted of eonstftteted. if an existing guest house is sittiated on a building site, an ohana dwelling unit shall net also be pefmitted en the building site, Pfevided, tha4 an existiiig guest house fflay be eenvei4ed inte a,n A-h-A.P.-A -Aveelling unit knl aeeefdanee with the feqttifeffients ef this division-.] Accessory dwelling units shall be restricted to 5 a maximum of three per building site, except, where a building site is permitted to have more than one primary dwelling, one accessory dwelling unit shall be allowed for each primary dwelling authorized by the applicable zoning regulations. Section 25-6-37. Off-street parking spaces. The number of parking spaces for an [ehan ] accessory dwelling unit shall be as provided under section 25-4-5 1. Section 25-6-38. [Var-ianees prohibited.] Permitted uses. [NE) var-ianee ffom eithef this ehaptef or- ehapter- 23 (subdivisions), shall be gFianted to peftnit the eenstfuetien or- plaeement of an ehana dwelling unit on a building site. in addition, a.B1 ehana dwelling unit shall net be permitted on a building site f6f whieh avafianee ffam either- this ehaptef of ehaptef 23 (subdivisions), has air-eady been gfant No more 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. [Application for Anna dwelling permit; requirements.] Limiting and prohibitinlz. [(a) An appheation f6fm f6f an ehana dwelling peffflit shall be filed with the dir-eetef on a form pr-esefibed for- this purpose by the difeetaf, and shall be aeeempanied by: (!) A filing f�e of $25; (2) The nafnes and addresses of all the ewner-s of the building site, provided that w-h ..... ....... III ISIML L, F.VJRV-"- �MPWMIVFFIIIII !11.1111 IN ...... ji-1.1-MMM•-1 ARMIAWA (b) The applieant shall sef-ve nefiee of the oha-na dwelling pefmit appheation on stiffOURdifig ewnefs and lessees of feeer-d as pfavided by seefien 25 2 4. The applielant shall also ser-,�e notiee en all owners of the py-opefty identified in the applielation who did net exeetite the appheation, and any known asseeiation of pfopet!ty ownef Is whieh has jur-isdietiOn E)f authefity ever- the subdivision in w-hieh the building site is situated. Pfoof of sefviee of natiee, in the mannef pfevided undef seetion 25 2 4, shall be submitted tagethef with t ohana dwelling peffnit applieation.] Unless provided as a condition of approval under this chapter or chapter 23, no deed restriction, covenant, condition, declaration of condominium property regime, association bylaw, or any other agreement that runs with the subject land duly executed and recorded after the effective date of this ordinance may limit or prohibit the construction of accessory dwelling units thereon. Section 25-6-39.1. [Aetion on ohana dwelling per-fnit.] Repealed. [(a) Upon aeeeptanee of an ehana dwelling pefmit applieatien, the difeetE)F- shall fiffWafd the appheation to appfopfiate ageneies faf feview and eamment en the adeqtiaey ef these inffastr-�detufe faeilities r-equir-ed faf the ehana dwelling tinit, titidef seetion 25 6 30. ' i iWIN r i i i Section1 1 [Buildingi (a) A building pefmiti i ofanehana dwelling unit shall be seetifed within one f�efn the date that thei extension may be gf anted by the difeetef if it ean be demonstfated by the applieapA that nanper-fofmanee. ip or the appheant fails toseeufe ai . Unit within t i ' .a•• i♦-uia..�i♦�uiv�� We, jai. .he 6han-a MI i' i i 10 mr F-I i' i i i' • i 0 betheanlytime extensionianapplieant, and no f4thef time extension shall allowed.to obtain any f4ther- time extension E)f an Ohana dwelling petitionpefmit shall not be eause to i i' i board i felief i 'the time lifnitation f6f an ahana dwellifigi Section1 / .3. Nontfansfeirability of permit.] Repealed. ♦ pe.nfnit i ehana dwelling unit shallbepef sonal to the appheant able of . i toanyother-i'until eenstfuetion has been eempleted and final appr-eval has been issued by i of i i pefsenshall advei4i sei tothei. i Ohan dwelling unit is tfansfer-able with the sale of the pfopeftyonwhieh thei' been Section1 I I[Pending applientions.]Repealed. [All pendingrii i' i ifiledi prior-1/ I 99; shall be pfoeessed in aeeefdaneedivision, i' i i'filul L1110i' SectionI / i [In the evetA that an ehana dwelling unit is eanstrueted eoi4fafy te the i i permitdivision, with of without a been ehana dwelling unit, shallbe i publie nuisanee, and aefien i pfeeeedingsi abatemefA, femoval Sectionand enjoinment of the ttnlawful ahana dwelling shall immediately be eefnffleneed in aceefdanee with this ehaptef.] 1 1 1 i of [(a) The difeetef may initiate pfeeeedings torevokepefmiti i' The appheantintentionallyPeffnit applieati-e', applieanti issued by o eempletion ofthe eanstr-uetionohana dwelling M^_ PWAWW,'MW, m "K.10 Section 25-6-39.7. [A#pe*1-,.-] Repealed. 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. AJNCIL MEMIIEY, COUNTY OF HAWAPI COUNCIL MEMBER, COUNTY OF HAWAPI , Hawai'i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: 677-30 REFERENCE Comm. 8