The department, with the assistance of other agencies, as appropriate, shall adopt rules relating to ohana dwellings, including rules to establish the following:
(a) Procedures for designating ohana-eligible areas, including rules providing that:
(1) Only those areas that are determined by the appropriate government agencies to have adequate public facilities to accommodate ohana dwellings shall be ohana-eligible;
(2) Upon a finding by the responsible agency that wastewater treatment and disposal, water, or transportation facilities are not adequate to accommodate additional ohana dwellings in any ohana-eligible area, no more ohana dwellings shall be approved in that area;
(3) Notwithstanding the adequacy of public facilities, if the owners of 60 percent of the residential-zoned lots in the same census tract sign a petition requesting that residential-zoned lots in the census tract be excluded from ohana eligibility and submit the petition to the department, no new ohana dwellings shall be approved on residential-zoned lots in that census tract from the date the department certifies the validity of the petition. For the purposes of this subdivision, the term “owners” means the fee owner of property that is not subject to a lease and means the lessee of property that is subject to a lease. For purposes of this subdivision, the term “lease” has the same meaning as defined in HRS § 516-1;
(4) Notwithstanding the adequacy of public facilities, if the owners of 60 percent of the agricultural-zoned and country-zoned lots in the same census tract sign a petition requesting that all agricultural-zoned and country-zoned areas in a census tract be excluded from ohana eligibility and submit the petition to the department, no new ohana dwellings shall be approved on agricultural-zoned or country-zoned lots in that census tract from the date the department certifies the validity of the petition. For the purposes of this subdivision, “owner” means the fee owner of property that is not subject to a lease and means the lessee of property that is subject to a lease. For the purposes of this subdivision, the term “lease” means a conveyance of land or an interest in land, by a fee simple owner as lessor, or by a lessee or sublessee as sublessor, to any person, in consideration of a return of rent or other recompense, for a term, measured from the initial date of the conveyance, 20 years or more (including any periods for which the lease may be extended or renewed at the option of the lessee);
(5) The director may adopt rules pursuant to HRS Chapter 91 to establish procedures for, to implement and to further define the terms used in subdivisions (3) and (4). These rules may include but not be limited to provisions relating to the form of petitions, determination of necessary signatures where there is more than one owner or when the owner is an entity, the signing of petitions, validity of signatures, the withdrawal of signatures, the time frame for collection of signatures, verification of signatures, certification of results, duration of the prohibition, and procedures upon the change of census tract boundaries; and
(6) Before an area is designated eligible for ohana dwellings, the director shall publish a notice of the proposed change in a newspaper of general circulation, and notify the neighborhood boards in the affected area;
(b) Standards and criteria for determining adequacy of public facilities, to include but not be limited to:
(1) Width, gradients, curves, and structural condition of access roadways;
(2) Water pressure and sources for domestic use and fire flow;
(3) Wastewater treatment and disposal; and
(4) Any other applicable standards and criteria appropriate for the safety, health, and welfare of the community; and
(c) Standards and procedures for obtaining an ohana building permit. The standards shall, at a minimum, require that planned parking is adequate to meet the parking requirements of this chapter applicable at the time of issuance of the ohana building permit to both the first and ohana dwelling unit.
(1990 Code, Ch. 21, Art. 8, § 21-8.20-1) (Added by Ord. 99-12; Am. Ord. 06-15)