(a) The purpose of this section is to encourage and accommodate extended family living, without substantially altering existing neighborhood character.
(b) It is intended that ohana units be allowed only in areas where wastewater, water supply, and transportation facilities are adequate to support additional density.
(c) One ohana dwelling unit may be located on a zoning lot in the residential, country, or agricultural zoning districts, with the following limitations:
(1) The maximum size of an ohana dwelling unit is not limited, but will be subject to the maximum building area development standard in the applicable zoning district;
(2) Ohana dwelling units are not permitted on lots within a zero lot line project, cluster housing project, agricultural cluster, country cluster, planned development housing, R-3.5 zoning district, or on duplex unit lots;
(3) An ohana dwelling unit is not permitted on any nonconforming lot;
(4) The ohana dwelling unit and the first dwelling may be located within a single structure, i.e., within the same two-family detached dwelling, or the ohana dwelling unit may be detached from the first dwelling and located on the same lot as the first dwelling;
(5) The ohana dwelling unit must be occupied by persons related by blood, marriage, or adoption to the family residing in the first dwelling; provided that an ohana dwelling unit for which a building permit was obtained before September 10, 1992, is not subject to this subdivision and its occupancy by persons other than family members is permitted;
(6) All other provisions of the zoning district apply;
(7) The parking provisions of this chapter applicable when the building permit for the ohana dwelling unit is issued apply and the provision of this parking is a continuing duty of the owner; and
(8) The owner of the zoning lot shall record in the State bureau of conveyances, or the office of the assistant registrar of the land court of the State of Hawaii, or both, as is appropriate, a covenant stating that neither the owner, nor the heirs, successors, or assigns of the owner shall submit the zoning lot or any portion thereof to the condominium property regime pursuant to the State of Hawaii Condominium Property Act. The covenant must be recorded in a form approved or provided by the director and may contain such terms as the director deems necessary to ensure its enforceability. The failure of an owner or of an owner's heir, successor, or assign to abide by such a covenant will be deemed a violation of this chapter and will be grounds for enforcement of the covenant by the director pursuant to §§ 21-2.150 et seq., and grounds for an action by the director to require the owner or owners to remove, pursuant to the State of Hawaii Condominium Property Act, the property from a submission of the lot or any portion thereof to the condominium property regime made in violation of the covenant.
(1990 Code, Ch. 21, Art. 8, § 21-8.20) (Added by Ord. 99-12; Am. Ords. 06-15, 15-41, 17-40, 20-6)