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HomeMy WebLinkAboutORD 2024-070 2022-2024 COUNTY OF HAWAII i !•: STATE OF HAWAII BILL NO. 123 (DRAFT 5) ORDINANCE NO. 24 70 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 HAWAII: SECTION 1. Chapter 19, article 1, section 19-2, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by repealing the definition of"Ohana dwelling." "["Ohana dwelling" means a second dwelling unit permitted to be built as a separatc or an attached unit on a building site, but does not include a guest house or a farm dwelling.]" SECTION 2. Chapter 19, article 1, section 19-2, of the Hawai`i 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 Hawai`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 dwelling,] 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 Hawai`i 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 [ohana dwelling] 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 Hawai`i County Code 1983 (2016 Edition, as amended), is amended by repealing the definition of"Ohana dwelling.": "["Ohana dwelling" means a second dwelling unit permitted to be built as a separate or an attached unit on a building site, but does not include a guest house or a farm dwelling.]" SECTION 6. Chapter 25, article 1, section 25-1-5, of the Hawai`i 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 Hawai`i 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 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 fouuat 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 Hawai`i 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 Hawai`i 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 Hawai`i 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. [Ghana dwellings shall be permitted on a building site within the RS, RA, FA and A districts; provided that: (a) The 1., ilding site : ., lega lot o f re.or . s deto,..,.,ine by the director; 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) All applicable provisions of this chapter are met, including but not limited to, height limits, minimum yards and parking; and (d) The following public facilities are adequate to serve the ohana dwelling unit: (1) Sewage Disposal System. The building site shall be served by a public or private the requirements of the department of public works and an adequate private sewage disposal system, cesspool or septic tank shall meet with the requirements of the State department of health. (2) Potable Water Supply. The building site shall be served by an approved public or private water system meeting with the requirements of the department of water supply which system can accommodate the ohana dwelling and the main dwelling unit. An ohana dwelling that is not served by an approved public or private water system may use a water catchment system provided that the director determines that there is sufficient annual rainfall in the area to accommodate a water catchment system and 3 water catchment system meets the requirements of the department of h ulth and the department of water supply. meeting with the requirements of the fire department. ('1) Streets. The building site shall gain access to a public or private street meeting with the requirements of the department of public works.] 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 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. Section 25-6-31. [ ' .] Where permitted. [(a) An application for an ohana dwelling permit on any building site shall only be accepted by the director after the completion of all subdivision improvements required by chapter 23 (subdivisions), for the subdivision in which the building site is located. For purposes of this subsection, "completion"means the construction of all of the subdivision improvements including the subdivision roads, drainage, water, and if applicable, wastewater systems, in accordance with approved construction plans, which improvements have been completed to the satisfaction of the director of public works. (b) Only one permit application for an ohana dwelling unit may be active for any one applicant at any time. Any appli or apply for a subsequent ohana dwelling permit on any building site for a period of two named in an application for an ohana dwelling permit,pursuant to section 25 6 39(a)(2), shall be considered the applicant. The director shall maintain and keep readily available for public reference a current list of applicants for ohana dwelling units, including the dates of application 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 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. [Ohana] Accessory dwelling units shall be prohibited in the following areas: [(a)] (1) Any building site within the State land use conservation district; [(b)] (2) Any building site developed under an affordable housing project [approved by the State housing finance and development corporation(HFDC) and/or the County housing agency] which has been granted preemptions from the requirements of this Code; or [(c) Any building site developed as a planned unit development(P.U.D.) or a cluster plan development(C.P.D.); 4 (d) Any building site where more than one dwelling unit is permitted in the zoning district, including building sites that permit more than one dwelling unit in the RS district, building sites with duplex and multiple family dwellings, care homes, family child care homes, group living facilities, and single family dwellings which arc transient vacation units; (e) Any building site which is the subject of an approved variance from the provisions of this chapter or chapter 23 (subdivisions); (f)] (3) Any building site on which the construction of an [ohana] accessory dwelling unit or a second dwelling unit is specifically prohibited by a change of zone ordinance. Section 25-6-33. Designation of the [oh-an-a] accessory dwelling unit. [(a) Regardless of the size of a building site, not more than one ohana dwelling unit shall be [(b)] The director may designate an existing, first single-family dwelling unit as an [ohana] accessory dwelling unit in order to allow permitting of a new first single-family dwelling unit [when such existing dwelling is the only dwelling unit on the building site and the dwelling unit complies or will be modified to comply with all the requirements of this division]. Section 25-6-34. Height and size limit. [Except when the living arms of the ohana dwelling unit and the first dwelling unit arc joined by a common wall, floor, or ceiling, the height limit for an ohana dwelling unit shall be twenty five feet, regardless of whether a greater height limit is provided for the zoning 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 [ .] yard requirements; duplex permitted. [(a) The minimum building site area for a building site containing both the first dwelling and the ohana dwelling unit shall be 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 .] 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. [(E)] (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 25-6-36. [Guest hou-es.] Density limit. [A guest house, as described in section 25 1 9, shall not be permitted on any building site where an ohana dwelling unit has been permitted or constructed. If an existing guest house is situated on a building site, an ohana dwelling unit shall not also be permitted on the building site. Provided, that an existing guest house may be converted into an ohana dwelling unit in accordance with the requirements 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 5 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 [ohana] accessory dwelling unit shall be as provided under section 25-4-51. Section 25-6-38. [ .] Permitted uses. ITTo t e F«.,.,, e then this chapter ,.1apter 23 (s„l�diy sio s\ sh ll beg tea + L1YV VU11U11N1 11 Vlll 1.1 LlllJ1 L111J�11UI7Ll , permit the construction or placement of an ohana dwelling unit on a building site. In addition, an ohana dwelling unit shall not be permitted on a building site for which a variance from either this chapter or chapter 23 (subdivisions), has already been granted.] 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. [-"ppli t' f^ h d-=ellin it; „ts.] Limiting and L-1 111.L1 L1V 11 avi varuir" prohibiting. [(a) An application feral for an ehana dwelling r mit shall be ffle . ,;th the direct r „ f n ribed f r this p e by the directo, n.1 shall be . ed by. prl'J VL1VliU LVl 1111J jl UliJV JIJ L�L11lJl1iL , � (1) A filing fcc of$25; (2) The names and addresses of all-the , the property is owned by a corporation, association, partn ship or trust,the names and addresses of all partners, director, officers, shareholders or beneficiaries holding an ownership or beneficial interest of at least ten or more percent shall be included; and (3) An affidavit, in the form prescribed by the director, verifying that there is no restriction or covenant applicable to the building site, contained in any deed, lease, or dwelling or a second dwelling unit on the building site. (b) The applicant shall serve notice of the ohana dwelling permit application on surrounding owners and lessees of record as provided by section 25 2 1. The applicant shall also serve notice on all owners of the property identified in the application who did not execute the Ur/r/111iUL1V 11, auu uii� luiV vvu uo�vazuLrorrvrPl vP ohana dwelling permit application.] 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. [ ' .] Repealed. application to appropriate agencies for review and comment on the adequacy of those infrastructure facilities required for the ohana dwelling unit, under section 25 6 30. ohana dwelling permit application, the director shall either approve or deny the application. 6 (c) If the director fails to render a decision within the prescribed sixty day period, the application shall be considered as being approved.] Section 25-6-39.2. [ .] Repealed. [(a) A building permit for the construction of an ohana dwelling unit shall be secured within one year from the date that the ohana dwelling unit permit was issued. A thirty day time extension may be granted by the director if it can be demonstrated by the applicant that the applicant fails to secure a building permit for the construction of the ohana dwelling unit within the one year time period, or any extension granted by the director, the ohana dwelling unit permit shall be void. (b) The time extension provided for an ohana dwelling permit under subsection(a) above shall be the only time extension available to an applicant, and no further time extension shall be allowed. Further,the failure to obtain any further time extension of an ohana dwelling permit shall not be cause to petition the director, the commission or the board of appeals for relief from the time limitation for an ohana dwelling permit as provided under this section.] Section 25-6-39.3. .] Repealed. [(a) A permit for an ohana dwelling unit shall be personal to the applicant and shall not be transferable or assignable to any other person until construction of the ohana dwelling unit has been completed and final approval has been issued by the director of public works. granted.] Section 25-6-39.4. [ .] Repealed. [All pending applications for ohana dwellings filed with the director prior to May 4, 1996 shall be processed in accordance with this division, with the exception of the filing fee. The director may require the applicant to submit additional information to comply with this division.] Section 25-6-39.5. [ .] Repealed. [In the event that an ohana dwelling unit is constructed contrary to the provisions of this division, with or without a permit therefor havin , and enjoinment of the unlawful ohana dwelling shall immediately be commenced in accordance with this chapter.] Section 25-6-39.6. [Revocation o f an ohana 'dwelling^ mit.] Repealed. [(a) The director may initiate proceedings to revoke a permit for an ohana dwelling unit if: (1) The applicant intentionally misrepresented a material fact in the permit application, including all attachments; or (2) The applicant transferred or attempted to transfer an ohana dwelling unit permit issued by the director prior to completion of the construction of the ohana dwelling unit and final approval by the director of public works. (b) The director shall serve written notice of the proposed revocation on the applicant by registered or certified mail with return receipt. 7 s (c) The applicant may, within thirty days after receipt of the proposed revocation notice, appeal the revocation notice to the board of appeals as provided by section 6 9.2, County Charter and sections 25 2 20 thougt, 25 2 2n n., , eai t„ the beard of appeals shall stay the provisions of the director's order pending the final decision of the board of appeals.] Section 25-6-39.7. [Appeal] Repealed. [Any person aggrieved by the decision of the director in the issuance of an ohana dwelling permit decision, except for a decision regarding the duration of a permit under section 25 6 39.2, may app al the director's action to the board of appeals, in accordance with this chapter, within thirty days „fter the date of the dire,tor's wr tte ,ae,.isio,, ]» 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: UNC L MEMBER, TY OF HAWAI`I COUNCIL MEMBER, COUNTY OF HAWAI`I Kona , Hawai`i Date of Introduction: August 21, 2024 Date of 1st Reading: September 4, 2024 Date of 2nd Reading: September 17, 2024 Effective Date: October 7; 2024 REFERENCE Comm. 677.32 8 OFFICE OF THE COUNTY CLERK,. County of Hawai`i Kona, Hawaii NM OCT -7 R+ 2 t$ (Draft 5) Introduced By: Heather L. Kimball and ROLL CALL VOTE Ashley L. Kierkiewicz AYES NOES ABS EX Date Introduced: August 21, 2024 Evans X First Reading: September 4, 2024 Galimba X Published: September 13 , 2024 Inaba X Kagiwada X REMARKs' Kaneali`i-Kleinfelder X Postponed August 21, 2024 Kierkiewicz X Kimball X Lee Loy X Villegas X 6 2 1 0 Second Reading: September 17, 2024 To Mayor: September 25, 2024 Returned: October 7, 2024 ROLL CALL VOTE Effective: October 7, 2024 AYES NOES ABS EX Published: October 25, 2024 Evans X Galimba X REMARKS: Inaba X • Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Villegas X 5 3 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. --46‘" `" UNCIL CHAIRPERSON 744— ,,Approve. I isapproved this day of O''' ( " , 20 COUNTY CLERK 123 (Draft 5) Bill No.: MAYOR, COUNTY OFHAWAII C-677 .32/PCPLUD-12 Reference: Ord No.: 24 70