PD Background & Recommendation Report (PL-CCI-2024-000005) Bill 123

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BR-Mnitiated-Ohana.doc 2/20/2024 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED BILL NO. 123 (PL-CCI-2024-00005) AMENDMENT TO CHPATER 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 The County Council has referred Bill No. 123 to the Planning Director and the Windward and Leeward Planning Commissions for comments and recommendations. PURPOSE OF BILL NO. 123 1. The Hawaii County Council has introduced Bill No. 123 (Planning Department Exhibit 1),which seeks to amend Chapter 19 (Real Property Tax), Article 1 and Article 13, Chapter 23 (Subdivisions), Article 9, and Chapter 25 (Zoning), Article 1, Article 2, Article 5 and Article 6 of the Hawaii County Code 1983 (2016 edition, as amended), relating to `ohana dwelling units. 2. The purpose of this bill is to establish accessory dwelling units (ADUs) in the County Code by removing each instance of the term "`ohana dwelling" from teh County Code and adding the term "accesory dwelling unit" and by replacing existing `ohana dwelling unit regulations with new accessory dwelling unit regulations. HISTORY OF OHANA DWELLING UNITS 3. In 1996, County Council passed Ordinance 96 47, also known as Bill 307, which regulated `ohana dwelling units. At the time, the intent of Bill 307 was to conform the County Code with Act 229 of Sessions Laws of Hawaii 1981, which required each county to amend their zoning ordinance to permit the construction of`ohana dwelling units. Both bills were passed in an effort to assist local families to purchase afforable individual living quarters and at the same time to encourage the preservation of the extended family. Although both statutes contain no restrictions that required `ohana dwellings to be used for only `ohana. -1-