The URL can be used to link to this page

Home My WebLink AboutBIL 123 Draft 05 2022-2024OJMSY OF �f�Y COUNTY OF HAWAII �TF•OFNF'� ORDINANCE NO. STATE OF HAWAII BILL NO. 123 (DRAFT 5 ) 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 "Ghana dwelling." • ��rnrsr 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, [eaelling] 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 [ahana dwell ] 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.": "[« dwelling" an a4tac-hed unit en a buildinngsite, 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:i+,] 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 S. 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)] (e� 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. [ .] Accessory dwelling units. Section 25-6-30. General provisions, applicability. • :. -:. -:. - .:: MORE- M ..... 3 watef epAelhment system meets the fequifements of the depaftment of health and the (3) Fife Pfoteefion. The building site shall be sefved by adequate fire pfeteetion meastifes fneeting with the fequifeffients of the fife depaftfnefA7 (4) Stfeets. The building site shall gain aeeess to a ptiblie of pfivate street meeting Wi the , is of the . epai-tme t of p b,lie . efk .] The following facilities are required to serve an accessory dwelling unit: (1) Sewage Disposal System. The building site shall be served by a sewage disposal system that meets the requirements of all applicable State and County agencies. (2) Potable Water Supply. The building site shall be served by 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 meetingthe he requirements of the State department of health. Section 25-6-31. [ .] Where permitted. (subdivisions), f6f the subdivision in whie the buill-ding site is loeated. Far pttfposes of this aeee danee with appfeved eonstftietion plans, whieh impr-ovements have been eompleted at any fitne. Any applicant whe has obtained an ehana dwelling pefmit shall not be eligible or- apply f6f a subsequent obana dwelling permit on any btfilding site for a period of tW& of the director- of public works. For- pufpeses E)f this subseetion, each titleholdef and person [(a) An applieation faf an ehana dwelling pefmit on any building site shall only be aeeepted by publie fefefenee a etiffent list of applicants f6f ohana dwelling units, ineluding the da4es a appliealien and appr-eval of shall be eansidefed the appheant. The difeeter shall maintain and keep feadily availab! (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 before use as a dwelling_ Section 25-6-32. Prohibited areas. [tea] Accessory dwelling units shall 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 [approvedby the State housing finanee and development eefpofation (14FDG) and/of the cauf+ty housing ageney] which has been granted preemptions from the requirements of this Code; or [(e) Any building site developed as a planned unit development (P.U.D.) of a eltister- plan mvm .. MI a � �uii��i�� ww�ww MEN. .... ... (3) 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. pe itted an the same building site with the first single family dwelling tinit.] [(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 sueh existing dwelling is the only dwelling unit on the building site and the dwelling unit eemplies of will be madified to eemply with all the feqttifemefits of this divisio Section 25-6-34. Height and size limit. [Exeept when the living-A:.r .- -AS e-F44e ehana &A,elliflg unit and the fifst dwelling unit are jeined by a eemmen waall, fleef, E)r- eeiling, the height limit for- an ahana dwelling unit shall be twenty five feet, fegafdless of whether- a gr-ea4ef height limit is pr-ovided for- the zoning distfiet.] 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 fninimufn building site ai-7ea for- a building site eantaining both the fifst dwelling and the ohana dwelling UR., shall be ten thattsand square feet.] [(b)] Ua The minimum front, rear, and side yard requirements for [a detaehed e 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 qppropriate to the parcel size shall be required. [(e)] (b) An [ehan ] 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 hatise, as desefibed in seetion 25 4 9, shall not be peffnitted on any building site where an ohana dwelling tinit has b�__n pefmitted of eenstfueted. If an existing guest he situated on a building site, an ehana dwelling tinit shall not also be pefmitted on the building site, Pr-evided, that an existing guest house may be eanvefted inte an ehana dwelling unit i-H aeeefdonee with the fell-k-111-14, Of this division-.] Accessory dwelling units shall be restricted to 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 [eh -an ] accessory dwelling unit shall be as provided under section 25-4-51. Section 25-6-38. [Var-ianees ohibited.] Permitted uses. Na vafianee ffem either- this ehaptef or- ehapter- 23 (subdivisions), shall be gfanted to pefmit "Ifie eenstfuetion of plaeement of an ehana dwelling unit on a building site. in addition, an ehana dwelling unit shall not be pefinitted on a building site fef Whieh a vafianee ffofn eithef this ] 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' .:: :- :- :•MIMI M pun natiee on all ewnefs of the pfopefty identified in the applieation who did not exeetite the aiAhefity over- the subdivision in whieh the building site is sitidated. Pfoof ef sen,iee of t h.,n dwelling ro, mit ap-,Beat on ] 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 subiect land duly executed and recorded after the effective date of this ordinance may limit or prohibit the construction of accessory dwelling units thereon. Section' : Repealed. [(a) Upon aeeeptanee of an ehana dwelling pefffiA appliea4ien, the direetof shall fefwafd the .:: : ef these period :at least thirty days butnot mere :: applieation shall be eonsidefed as being appfeved..] Section1 1 [(a) A biii1ding peffnit for- the eenstfuetion of an ahana dwelling unit shall be seeiifed within - extension may be gr-anted by the difeeter- if it ean be demenstfated by the .:: nonpeffannanee was not the fesult of the applieant's fatilt or- negligenee. in the event the applieafA fails to seetife a building unit within the ene year- time per-ied, of any extension gfanted by the dir-eeter-, the ohan-a dwelling ttnit peffnit shall be void. INI • : : : : : : : • : ; • : : • :: M-H Section 25-6-39.7. [Appeals:] Repealed. 0110-1 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. '-,.S,UUNCI ,L,MEMBER, COTY OF HAWAPI COUNCIL MEMBER, COUNTY OF MAWAPI , Hawai'i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 677.32