The URL can be used to link to this page

Home My WebLink AboutRES 016 Draft 01 1994-1996COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 26 94 (( Drams WHEREAS, the Land Use Commission of the State of Hawaii has issued a declaratory order, Docket No. DR94-17, dated December 6, 1994; and WHEREAS, in the declaratory order, the Land Use Commission ruled that a dwelling situated on land located in the State Agricultural Land Use District must be a "farm dwelling" or related to an agricultural activity; and WHEREAS, the declaratory order further states that the ohana dwelling law under HRS §46-4(c), as amended in 1989, does not eliminate the requirement that the two single-family dwelling units must be a "farm dwelling" or related to an agricultural activity; and WHEREAS, Section 25-271 of the Hawaii County Code provides that two dwelling units may be constructed on any lot within all state land use agricultural districts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor of the County of Hawaii and the Planning Department require applicants for single family residential building permits and ohana dwellings in the state land use agricultural district to execute a farm dwelling agreement, the provisions of which shall strictly conform to the definition as contained in Chapter 205-4.5, H.R.S. BE IT FURTHER RESOLVED that the Administration review the Land Use Commission and Board of Appeals decisions and advise the Council as to appropriate amendments to the State and County laws in light of the recent decisions. BE IT FURTHER RESOLVED that the Director insure that the requirement to execute a farm dwelling agreement complies with Chapter 91, H.R.S., if applicable. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit a copy of this resolution to the Mayor of the County of Hawaii, the Corporation Counsel and the Director, Planning Department. Dated at Hilo, Hawaii, this 21st day of December , 1994. BY: OF HAWAII COUNTY COUNCIL County oP Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adoptad by the COUNCIL of the County of Hawaii on December 21, 1994 ATTEST: C NTY CLERK CHAIRIvfAN & PRES ING OFFICER ROLL CALL VOTB ~ AYE4 NOfiS ABS EX ARARA&I X IDS LINA I X I I I I RATE Reference C - 3 8 RESOLUTION NO. S S ~'} (Draft 4;