For the purposes of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
Area Median Income or AMI. The median income determined by HUD annually for the Honolulu Metropolitan Statistical Area as adjusted for household size.
Common Entrance. Any area regularly used by any resident for ingress to and egress from a multifamily dwelling.
Declarant. The person executing the affordable housing agreement and the declaration of restrictive covenants required by § 29-1.8.
Department. The department of planning and permitting.
Development Agreement. Has the same meaning as described and authorized under Chapter 33.
Development Plan Area. The area specified within the city’s approved development/sustainable communities plan for that specific region of Oahu.
Director. The director of planning and permitting or the director’s authorized representative.
First Marketing Period. The first 120 days during which an affordable dwelling is marketed, and may be rented or sold, as applicable, to households earning the applicable AMI.
Hotel. Has the same meaning as defined in § 21-10.1, and also includes condo-hotels owned under a condominium property regime.
HUD. The United States Department of Housing and Urban Development.
HUD AMI Income Limit. The maximum household income limit for a household to be eligible for HUD assisted housing programs, as published annually by HUD.
Interim Planned Development-Transit Project or IPD-T Project. A project for which an application for a permit is submitted pursuant to § 21-9.100-5.
Legal Obligation. An obligation or duty that is enforceable by a court of law, including but not limited to requirements or conditions imposed by unilateral agreements, development agreements, HRS Chapter 201H, or the State of Hawaii’s low-income housing tax credit program.
Micro-Unit. A dwelling unit totaling 300 square feet or less of floor area.
Off-Site. Construction or other activities that occur on a zoning lot other than the project site.
On-Site. Construction or other activities that occur on the project site.
Person. An individual, partnership, association, corporation, limited liability company, or any other form of legal entity.
Planned Development-Transit Project or PD-T Project. A project for which an application is submitted pursuant to § 21-9.100-10.
Principal Project. A project containing a building or group of buildings with dwelling units and as to which the requirement to provide affordable dwelling units is imposed pursuant to this chapter.
Project Site. One or more zoning lots that are developed under a single or unified project concept.
Rail Transit Station Area. The TOD special district, as defined in § 21-9.100. Where there is no adopted boundary under Chapter 21, then the boundaries reflected in the adopted neighborhood TOD plan will apply. Where there is no adopted neighborhood TOD plan, then the boundaries reflected in the draft neighborhood TOD plan at the time the application for the principal project is submitted to the department and accepted as complete will apply. As used herein, “draft neighborhood TOD plan” means the most current version of the plan then under consideration by the department or the council, commencing with the first public review draft released by the director to the community for review and comment. Council committee drafts of a plan are deemed under consideration by the council after they have been placed on a full council agenda for public hearing or adoption. Council floor drafts
of a plan are deemed under consideration by the council after the council has amended the plan to the floor draft version. Where there is no neighborhood TOD plan that has been adopted or that is under consideration, then the area within, including properties intersecting, a one-half mile radius of a future rail transit station identified in the Honolulu High Capacity Transit Corridor Project Environmental Impact Statement, accepted by the Governor of the State of Hawaii on December 16, 2010, and any future amendments or supplements thereto, will apply.
Rental or For-Rental. A dwelling unit that is leased or rented for a term of between 30 days and 30 years in length.
Sale or For-Sale. A dwelling unit that is for sale in fee simple or in leasehold with a term of 30 years or more.
Second Marketing Period. The 120-day period immediately following the first marketing period, during which an affordable dwelling is marketed, and may be rented or sold, as applicable, to households earning the applicable AMI.
Special Needs Housing. Housing that is used to provide living accommodations and, in some cases, care services for certain segments of the population with special living requirements, which include the elderly; persons with physical, mental, or behavioral disabilities; persons with human immunodeficiency virus/acquired immune deficiency syndrome; or persons with alcohol or drug addiction. Often such housing includes special features, such as congregate dining and social rooms; laundry, housekeeping, and personal assistance services; shuttle bus services for project residents; and skilled nursing beds or physical therapy clinics.
Substantial Rehabilitation. Including:
(1) Improvement of a property to a decent, safe, and sanitary condition that requires more than routine or minor repairs or improvements. It may include but is not limited to gutting and extensive reconstruction of a dwelling unit, or cosmetic improvements coupled with the curing of a substantial accumulation of deferred maintenance; or
(2) Renovation, alteration, or remodeling to convert or adapt structurally sound property to the design and condition required for a specific use, such as conversion of a hotel to housing for elders.
Third Marketing Period. The 120-day period immediately following the second marketing period, during which an affordable dwelling is marketed, and may be rented or sold, as applicable, to households earning the applicable AMI.
TOD. Transit-oriented development.
TOD Special District Project. A project for which an application for a major TOD special district permit is submitted pursuant to § 21-9.100-9.
Unilateral Agreement. Has the same meaning as defined in § 21-2.80.
For purposes of this chapter, the following terms have the meanings given to such terms as set forth in § 21-10.1: “accessory dwelling unit,” “development,” “dwelling unit,” “dwelling, multifamily,” “floor area,” “group living facilities,” “ohana dwelling unit,” “time share unit,” and “zoning lot.”
(Added by Ord. 18-10)