Loading...
HomeMy WebLinkAboutORD 1982-804 1980-1984BILL NO. 845 (Amended-III) COUNTY OF HAWAII ~- STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 (ZONING CODE) OF THE HAWAII COUNTY CODE TO ADD A NEW ARTICLE AND TO AMEND ARTICLE 1 RELATING TO OHANA DWELLING REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 8 of the Hawaii County Code is amended to add a new article to read as follows: "ARTICLE 20" REGULATIONS FOR OHANA DWELLING Sec. 1. Pu~ose and a~plicabilit~r. The purpose of this article is to describe the conditions under which an "ohana dwelling," as defined in Article 1, Section 3 of this chapter, shall be permitted in furtherance of the legislative intent of Act 229, Session Laws of Hawaii 1981, which is to assist families to purchase affordable individual living quarters and, at the same time, to encourage the preservation of the extended family. It is not the intent of this Ordinance to supersede private deed restrictions or agreements which may prohibit the construction of an additional dwelling on the lot. Sec. 2. General provisions. Notwithstanding any law, ordinance, or rule to the contrary, two dwelling units may be constructed on any lot within all State Land Use Urban, Agricultural, Rural and Conservation districts [where a dwelling unit is permitted], provided that: 1) Applicable County requirements, not inconsistent with the intent of this section and the zoning provisions applicable to residential use are met, including use, building height [and] setback, and off street parking. 2) The County determines that public facilities as specified in Section 3 of this article are adequate to service the ohana dwelling unit. 3) That at the time of a~~lication for a county building permit for a second dwelling unit, the subject lot or land parcel is not restricted by a recorded covenant or a recorded lease provision (in a lease having a term of not less than fifteen years) which prohibits a second dwelling unit. 4) Appropriate State approval has been received if the lot is situated within the State Land Use Conservation district. Sec. 3. Requirements. An ohana dwelling shall comply with all other requirements of this article and of [this chapter] the County Code, except with regard to density. On any lot where a dwelling unit is permitted, an ohana dwelling may be constructed, provided that: [(1) It is served by a public or private water system meeting the standards of and approved by the Department of Water Supply.] [(2)](1) [It has direct access to a public or private street meeting the approval of the Chief Engineer.] The access to a public or private street shall meet with the a~~roval of ' the Chief Engineer. [(3)](2) It meets with State Department of Health wastewater treatment and disposal system requirements. Additional standards will not be i~osed by the County. [(4)](3) It has an area for [three] two off-street parking stalls on the lot. -2- Sec. 4. Specific restrictions. No variance from applicable requirements of this chapter, including yard setbacks, shall be granted to permit the construction of an ohana dwelling. Sec. 5. Subdividing prohibited. There shall be no subdivision of a lot upon which an ohana dwelling is situated unless each proposed lot can meet the minimum building site requirement of the zoning district in which it is located. Sec. 6. Facilities approval form. An ohana dwelling facilities form, as prepared by the Planning Department, shall be filed with and approved by that department as a pre_requisite to the issuance of a building permit to a property owner for an ohana dwelling. The form shall be approved by the Planning Director only upon: (1) The certification by [the Department of Water Supply as specified in Section 3-1,] the Department of Public Works and the State Department of Health as to the adequacy of the respective facilities; and (2) The verification of the Planning Director that the existing zoning for the property allows the ohana dwelling, and that the building site is adequate to support the additional dwelling. Sec. 7. Time Limitations. Upon acceptance of a properly filed application, the Planning Director shall render a decision within sixty (60) calendar days. Sec . 8 . Areal s . The disapproval of the ohana dwelling facilities form by the Planning Director may be appealed to the Board of Appeals in accordance with its rules. ®3® SECTION 2. Chapter 8, article 1, of the Hawaii County Code is amended to add a new section to read as follows: "Sec. 3.138 Ohana Dwelling. A second dwelling unit permitted to be built as a separate or an attached unit on a lot where a dwelling unit is permitted pursuant to the provisions of article 20 of this Chapter." SECTION 3. New material is underscored. In printing this Ordinance, the underscoring need not be included. SECTION 4. In the event any portion of this Ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. SECTION 5. This Ordinance shall take effect upon its approval. INTRODUCED BY; COUNCIL MEMBER, COUNTY HAWAII Hilo, Hawaii Date Introduction: Date of Adoption: Effective Date: May 19, 1982 June 23, 1982 July 6, 1982 ~4- GHANA DWELLING Public Facilities Form Applicant shall submit to the Planning Department, an original and two (2) copies of a site plan of the lot, drawn to scale, showing and identifying: 1. All existing structures and driveways 2. Cesspool location 3. Provision for two (2) parking spaces ~. The proposed additional dwelling Tax t~iap Key: County Zoning: Proposed as: Land Area: State Land Use: a) one additional unit, separate b) converting a single to a 2-unit dwelling APPLICANT'S NAME: (Print/type) APPLICANT'S SIGNATURE: MAILING ADDRESS: APPLICATION DATE: Access Dept. of Public Works Date Wastewater Treatment/Disposal State Dept. of Health Date Approved Disapproved Land Use Planning Dept. Date AGENCY COMMENTS: *Ldotes 1. Landowner's written approval required if applicant does not own the property. 2. The Ghana Dwelling Ordinance is not intended to supersede private deed restrictions or agreements which may prohibit any additional dwelling on the lot. 3. This form must accompany the Building Permit application for an ohana dwelling. Hilo, Hawaii Date: Mav 19, 1982 FIRST READING AYES NOES A/E Dahlberg X De LU'L X Domingo X Fuj i i X Hale Kawahara X I T ~ X Lai X Schutte X Chr. Yamashiro X 7 0 I 2 Publication Date: Hilo, Hawaii Date: .7„nP 23. 1982 SECOND & FINAL READING AYES NOES A/E Dah lbe rg X Ue Luz X Domingo X Fuj ii X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X L-~~ 9 0 0 Publication Date: j,1UL, 1 1 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. C(~ _: , `" Date _......-----•--~~~--~: ~j._~986:_,..~,. (AMENDED-I I ) Bill No. 845 Reference: C°-774/PC-116/124 ayor, County of H~ac~~S ~~ M.B. No. ,.~. a, ;; Ord. NO . ''' ,__ _. ~~"_._.