Accessory Dwelling Units in Hawaii
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(Bill 27 – 7/21/2016)
Land Use Ordinance:
Sec. 21-5.___ Accessory dwelling units.
(a) The purpose of this section is to encourage and accommodate the construction of accessory dwelling units to increase the number of affordable rental units, without substantially altering existing neighborhood character, in order to alleviate the housing shortage in the city.
(b) It is intended that accessory dwelling units only be allowed in areas where wastewater, water supply, and transportation facilities are adequate to support the additional dwelling units.
(c) One accessory dwelling unit may be located on a lot in the country, R-3.5, R-5, R-7.5, R-10, and R-20 zoning districts, subject to the following conditions:
(1) The maximum size of an accessory dwelling unit shall be as follows: Lot Area Maximum Floor Area 3,500 to 4,999 sq. ft. 400 sq. ft. 5,000 sq. ft. or more 800 sq. ft.
(2) Accessory dwelling units are not permitted: (A) On lots with a lot area of less than 3,500 square feet; (B) On lots that have more than one dwelling unit, including but not necessarily limited to, more than one single-family dwelling, two-family dwelling, accessory authorized ohana dwelling, guest house, multi-family dwellings, planned development housing, cluster, or group living facility; or (C) On lots that are landlocked.
(3) The property owner or owners or persons who are related by blood, marriage, or adoption to the property owner or owners, or designated authorized representative shall occupy the primary dwelling unit or the accessory dwelling unit; except in unforeseen hardship circumstances (e.g., active military deployment, serious illness) that prevent the continued occupancy of the primary dwelling unit or the accessory dwelling unit, subject to confirmation by the director.
(4) One off-street parking space per accessory dwelling unit must be provided in addition to the required off-street parking for the primary dwelling unit, except for accessory dwelling units located within one-half mile of a rail transit station. For purposes of this section, the minimum distance requirement is measured as the shortest straight line distance between the edge of the station area and the zoning lot line(s) of the project site.
(5) The owner or owners of the lot shall record covenants running with the land with the bureau of conveyances or the land court of the State of Hawaii, or both, as is appropriate, stating that: (A) Neither the owner or owners, nor the heirs, successors or assigns of the owner or owners will submit the lot or any portion thereof to a condominium property regime under the provisions of HRS Chapter 514A to separate the ownership of an accessory dwelling unit from the ownership of its primary dwelling unit; (B) The property owner or owners, or persons who are related by blood, marriage, or adoption to the property owner or owners, or designated authorized representative(s) shall occupy the primary dwelling unit or the accessory dwelling unit so long as the other unit is being rented or otherwise occupied; except in cases of unforeseen hardship circumstances (e.g., active military deployment, serious illness) that prevent the continued occupancy of the primary dwelling unit or the accessory dwelling unit, subject to confirmation by the director. For purposes of this section, “designated authorized representative(s)” means the person or persons designated by the property owner or owners to the department of planning and permitting, who are responsible for managing the property; (C) The accessory dwelling unit may only be used for long-term rental or otherwise occupied for periods of at least six months, and cannot be used as a bed and breakfast home or transient vacation unit; (D) If the property owner or owners, or persons who are related by blood, marriage or adoption to the property owner or owners, or designated authorized representative(s) choose to receive rent for the primary dwelling unit and occupy the accessory dwelling unit, the primary dwelling unit may only be used for long-term rental or otherwise occupied for a minimum period of six months, and cannot be used as a bed and breakfast home or transient vacation unit; (E) The accessory dwelling unit is limited to the approved size in accordance with the provisions of Chapter 21; and (F) The deed restrictions lapse upon removal of the accessory dwelling unit, and all of the foregoing covenants are binding upon any and all heirs, successors and assigns of the owner or owners. The covenant must be recorded on a form approved by 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 Chapter 21 and will be grounds for enforcement by the director pursuant to Section 21-2.150, et seq.
(6) All other provisions applicable to the zoning district apply.
(7) All rentals of an accessory dwelling unit, or of the primary dwelling unit if the property owner or owners, or persons who are related by blood, marriage or adoption to the property owner or owners, or designated authorized representative(s) choose to receive rent for the primary dwelling unit and occupy the accessory dwelling unit, must be evidenced by a written rental agreement signed by the owner and the tenant for a lease period of at least six months; provided that after the initial lease period is concluded, the owner may allow the same tenant to continue renting the accessory dwelling unit on a consecutive month-to-month basis. (d) At the time of application, the applicant shall first obtain written confirmation from the responsible agencies that wastewater treatment and disposal, water supply, and access roadways are adequate to accommodate the accessory dwelling unit. (e) An accessory dwelling unit may be created by building a new structure (attached or detached from the primary dwelling unit) or through conversion of a legally established structure (attached to or detached from the primary dwelling unit), attic or basement, subject to meeting all pertaining zoning requirements. (f) The owner of a structure constructed without a building permit prior to the effective date of this ordinance, who wants to convert that structure to an accessory dwelling unit shall obtain an after-the-fact building permit. In addition to fulfilling the base requirements of the after-the-fact permit, any adjustments to the structure must conform to the accessory dwelling unit regulations enumerated in this section and any additional adopted policies and rules. (g) The department of planning and permitting must be notified upon removal of an accessory dwelling unit. (h) Prima facie evidence. If an accessory dwelling unit is advertised as a bed and breakfast home or transient vacation unit, the existence of such advertisement will be prima facie evidence of the following: (1) That the owner of the advertised unit disseminated or directed the dissemination of the advertisement in that form and manner; and (2) That a bed and breakfast home or transient vacation unit, as applicable, is being operated at the location advertised. The burden of proof is on the owner to establish otherwise with respect to the advertisement and that the subject property either is not being used as a bed and breakfast or transient vacation unit, or that it is being used legally for such purpose. (Added by Ord. 15-41)
Bill 020(15)
CITY COUNCIL ORDINANCE______
CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII ILL. __________________
A BILL FOR AN ORDINANCE
TO AMEND CHAPTER 21, REVISED ORDINANCES OF HONOLULU 1990, AS
AMENDED (THE LAND USE ORDINANCE), RELATING TO ACCESSORY DWELLING
UNITS.
BE IT ORDAINED by the People of the City and County of Honolulu:
SECTION 1. Purpose and intent. The purpose of this ordinance is to establish
accessory dwelling units as a permitted use in all residential zoning districts, to
encourage and accommodate the construction of accessory dwelling units, increase the
number of affordable rental units and alleviate the housing shortage in the City, and to
establish land use standards for those accessory dwelling units.
SECTION 2. Section 21-2.140-1, Revised Ordinances of Honolulu (“Specific
circumstances”), is amended by adding a new subsection (o) to read as follows:
‘i~1 Conversion of accessory structures. An existing, legally established, accessory
structure constructed prior to the effective date of this ordinance in the country or
residential district may be converted to an accessory dwelling unit and allowed to
exceed the maximum floor area established by Section 21-5. (cXl) and/or be
exempted from the off-street parking requirement established by Section 21-
5. (c)(4) and contained in Table 21-6.1 subject to the following conditions:
[jj Provided the director finds that viable constraints do not allow the
reduction of the floor area of the existing accessory structure.
f~j Provided that the director finds that no feasible alternative off-street
parking site exists due to the placement of structures on, and/or the
topography of, the zoning lot,”
SECTION 3. Table 21-3, Revised Ordinances of Honolulu 1990 (“Master Use
Table”), is amended by amending the “Dwelling and Lodgings” category to permit
duplex units and detached two-family dwellings within Country and R-1 0 and R-20
Residential zoning districts and add “accessory dwelling units,” to read as follows:
0CS2015-0816/8/25/2015 9:40 AM 1
“TABLE 21-3
MASTER USE TABLE
In the event or any conifict between the text of this Chapter and the following table, the text of the Chapter shall control. The following table is not intended to cover the Waikiki
Special District; please referto Table 21-9.6(A).
KEY: Ac = Special accessory use subject to standards in Article S
Cm = Conditional Use Permit-minor subject to standards in Article 5; no public hearing required (see Article 2 for exceptions)
C = Conditional Use Permit-major subject to standards in Articles; public hearing required
p = Permitted use
P/c = Pennitted use subject to standards in Article 5
PRIJ Plan Review Use
ZONING DISTRICTS
USES
SECTION 4. Table 21-3.2, Revised Ordinances of Honolulu 1990 (“Residential
Districts Development Standards”), is amended to read as follows:
“Table 21-3.2
Residential Districts
Development Standards
Development Standard R3.5 ___R__5___ R-7D.5istrict R-1O R-20
Minimum lot One-family 3,500 5,000 7,500 10,000 20,000
area (square dwelling,
feet) detached, and
other uses
Two-family 7,000 7,500 14,000 [Use not fUse not
dwelling, permittedi permiftedi
detached is,ooo 25,000
Duplex 3,500 3,750 7,000 fUse not fUse not
permittedi permittedi
7,500 12.500
Minimum lot width and depth 30 per duplex unit, 35 per duplex unit, 65 for
(feet) 50 for other uses 65 for other uses dwellings, 100
100 for other
– uses Yards (feet): Front 10 for dwellings, 30 for other uses
Side and rear s for dwellings1, S for dwellings’,
. 15 for other uses 15 for other uses
Maximum building area 50 percent of the zoning lot
Maximum height (feet)2 25-30
Height setbacks per Sec. 21-3.70-1(c)
For duplex lots, 5 feet for any portion of any structure not located on the common property line; the required side yard is zero feet
for that portion of the lot containing the common wall.
2 Heights above the minima of the given range may require height setbacks or may be subject to other requirements. See the
appropriate section for the zoning district for additional development standards concerning height.”
OCS2O1S-08’16/8/2512015 9:40 AM 3
CITY COUNCIL ORDINANCE______
CITY AND COUNTY OF HONOLULU j 4 1
HONOLULU, HAWAII ILL, I I~
A BILL FOR AN ORDINANCE
SECTION 5. Chapter 21, Article 5, Revised Ordinances of Honolulu 1990
(“Specific Use Development Standards”), is amended by adding a new Section for
“Accessory dwelling units,” to be appropriately numbered by the revisor of ordinances
and to read as follows:
“Sec. 21-5. Accessory dwelling units.
f~ The purpose of this section is to encourage and accommodate the construction
of accessory dwelling units to increase the number of affordable rental units.
without substantially altering existing neighborhood character, in order to
alleviate the housing shortage in the city.
~ It is intended that accessory dwelling units only be allowed in areas where
wastewater. water supply, and transportation facilities are adequate to support
the additional dwelling units.
fç~ One accessory dwelling unit may be located on a lot in the country, R-3.5, R-5,
R-7.5. R-1 0, and R-20 zoning districts, subiect to the following conditions:
The maximum size of an accessory dwelling unit shall be as follows:
Lot Area Maximum Floor Area
3.500 to 4,999 sg. ft. 400 sq. ft.
5,000 sq. ft. or more 800 sq. ft.
Accessory dwelling units are not permitted:
~ On lots with a lot area of less than 3,500 square feet:
~ On lots that have more than one dwelling unit, including but not
necessarily limited to, more than one single-family dwelling,
two-family dwelling, accessory authorized ohana dwelling, guest
house, multi-family dwellings, planned development housing,
cluster, or group living facility: or
~ On lots that are landlocked.
j~ The property owner or owners or persons who are related by blood,
marriage, or adoption to the property owner or owners, or designated
authorized representative shall occupy the primary dwelling unit or the
accessory dwelling unit: except in unforeseen hardship circumstances (e.g., active military deployment, serious illness) that prevent the
continued occupancy of the primary dwelling unit or the accessory
dwelling unit, subject to confirmation by the director.
141 One off-street parking space per accessory dwelling unit must be provided
in addition to the required off-street parking for the primary dwelling unit,
except for accessory dwelling units located within one-half mile of a rail
transit station. For purposes of this section, the minimum distance
requirementis measured as the shortest straight line distance between
the edge of the station area and the zoning lot line(s) of the project site.
f~ The owner or owners of the lot shall record covenants running with the
land wjth the bureau of conveyances or the land court of the State of
Hawaii. or both, as is appropriate, stating that:
ffi~ Neither the owner or owners, nor the heirs, successors or assigns
of the owner or owners will submit the lot or any portion thereof to a
condominium property regime under the provisions of HRS Chapter
514A to separate the ownership of an accessory dwelling unit from
the ownership of its primary dwelling unit:
~ The property owner or owners, or persons who are related by
blood, marriage, or adoption to the property owner or owners, or
designated authorized representative(s) shall occupy the primary
dwelling unit or the accessory dwelling unit so long as the other unit
is being rented or otherwise occupied; except in cases of
unforeseen hardship circumstances (e.g., active military
deployment, serious illness) that prevent the continued occupancy
of the primary dwelling unit or the accessory dwelling unit, subject
to confirmation by the director. For purposes of this section,
“designated authorized representative(s)” means the person or
persons designated by the property owner or owners to the
department of planning and permitting, who are responsible for
managing the property:
f~ The accessory dwelling unit may only be used for long-term rental
or otherwise occupied for periods of at least six months, and cannot
be used as a bed and breakfast home or transient vacation unit; –
Q~ If the property owner or owners, or persons who are related by
blood, marriage or adoption to the property owner or owners, or
designated authorized representative(s) choose to receive rent for
the primary dwelling unit and occupy the accessory dwelling unit.
the primary dwelling unit may only be used for long-term rental or
otherwise occupied for a minimum period of six months, and cannot
be used as a bed and breakfast home or transient vacation unit:
~ The accessory dwelling unit is limited to the approved size in
accordance with the provisions of Chapter 21; and
El The deed restrictions lapse upon removal of the accessory dwelling
unit, and all of the foregoing covenants are binding upon any and
all heirs, successors and assigns of the owner or owners.
The covenant must be recorded on a form approved by or provided by the
director and may contain such terms as the director deems necessary to
ensure its enforce-ability. 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 Chapter 21 and will be grounds for enforcement by the director
pursuant to Section 21-2.150, etseg.
All other provisions applicable to the zoning district apply. All rentals of an accessory dwelling unit, or of the primary dwelling unit if
the property owner or owners, or persons who are related by blood,’
marriage or adoption to the property owner or owners, or designated
authorized representative(s) choose to receive rent for the primary
dwelling unit and occupy the accessory dwelling unit, must be evidenced
by a written rental agreement signed by the owner and the tenant for a
lease period of at least six months; provided that after the initial lease
period is concluded, the owner may allow the same tenant to continue
renting the accessory dwelling unit on a consecutive month-to-month
basis.
fçfl At the time of application, the applicant shall first obtain written confirmation froth
the responsible agencies that wastéwater treatment and disposal, water supply,
and access roadways are adequate to accommodate the accessory dwelling unit.
~ An accessory dwelling unit may be created by building a new structure (attached
or detached from the primary dwelling unit) or through conversion of a legally
established structure (attached to or detached from the primary dwelling unit),
attic or basement, subiect to meeting all pertaining zoning requirements. The owner of a structure constructed without a building permit prior to the effective date of this ordinance,who wants to convert that structure to an
accessory dwelling unit shall obtainan after-the-fact building permit. In addition
to fulfilling the base requirements of the after-the-fact permit, any adjustments to
the structure must conform to the accessory dwelling unit regulations
enumerated in this section and any additional adopted policies and rules.
L~1 The department of planning and permitting must be notified upon removal of an
accessory dwelling unit.
flj~ Prima facie evidence. If an accessory dwelling unit is advertised as a bed and
breakfast home or transient vacation unit, the existence of such advertisement
will be prima facie evidence of the following:
£11 That the owner of the advertised unit disseminated or directed the
dissemination of the advertisement in that form and manner; and
j~ That a bed and breakfast home or transient vacation unit, as applicable, is
being operated at the location advertised.
The burden of proof is on the owner to establish otherwise with respect to the
advertisement and that the subiect property either is not being used as a bed and
breakfast or transient vacation unit or that it is being used legally for such
purpose.”
SECTION 6. Section 21-6.30, Revised Ordinances of Honolulu 1990 (“Method of
determining number”), is amended by amending subsection (d) to read as follows:
“(d) All required parking spaces [shall] must be standard-sized parking spaces,
except that duplex units, detached dwellings and multifamily dwellings may have
up to 50 percent compact spaces, and accessory dwelling units may have one
compact space.”
SECTION 7. Table 21-6.1, Revised Ordinances of Honolulu 1990 (“Off-street
Parking Requirements”), is amended by amending the DWELLINGS AND LODGINGS
category to read as follows:
. Table 21-6.1
Off-street Parking Requirements
Use1 Requirement2
DWELLING AND LODGINGS
Boarding facilities 2 plus 0.75 per unit
Consulates 1 per dwelling or lodging unit, plus 1 per 400 square
feet of office floor area, but not less than 5
Dwellings, accessory dwelling unit 1 per accessory dwelling unit or none if the
~ accessory dwelling unit is located within one-half
mile of a rail transit station
Dwellings, detached, duplex and farm 2 per unit plus 1 per 1,000 square feet over 2500
square feet (excluding carport or garage)
Dwellings, multifamily Floor Area of Dwelling or Required
Lodging Units Parking per Unit
600 sq. ft. or less
More than 600 but less
than 800 sq. ft. 1.5
800 sq. ft. and over 2
Plus I guest parking stall per 10 units for all projects
Hotels: dwelling units I per unit
Hotels: lodging units 0.75 per unit
SECTIO~$ 8. Section 21-6.40, Revised Ordinances of Honolulu 1990
(“Arrangement of parking spaces”), is amended by amending subsection (c) to read as
follows:
“(C) All spaces [shall] must be arranged so that any automobile may be moved
without moving another except that tandem parking [shall be] permissible in
any of these instances:
(1) Where two or more parking spaces are assigned to a single dwelling unit
and/or a parking space is assigned to an accessory dwelling unit.
(2) For use [forj as employee parking, except that at no time [shall]~the
number of parking spaces allocated for employees exceed 25 percent of
the total number of required spaces. Also, for employee parking,
“tandem” parking [shall be] is limited to a configuration of two stacked
parking stalls.
(3) Where all parking is performed by an attendant at all times, and vehicles
may be moved within the lot without entering any street, alley or walkway.
(4) For public assembly facilities and temporary events when user arrivals
and departures are simultaneous and parking is attendant directed.”
SECTION 9. Section 21-8.20, Revised Ordinances of Honolulu 1990 (“Housing-
Ohana dwellings”), is amended by amending subsection (c) to read as follows:
‘(c) One ohana dwelling unit may be located on a lot zoned for residential, country, or
agricultural use, with the following limitations:
(1) The maximum size of an ohana dwelling unit [shall] is not [be] limited but
[shall] will be subject to the maximum building area development standard
in the applicable zoning district.
(2) Ohana dwelling units [shall]~ not [be] permitted on lots within a zero lot
line project, cluster housing project, agricultural cluster, country cluster,
planned development housing, R-3.5 zoning districts, or on duplex unit
lots.
(3) An ohana dwelling unit [shall] is not [be] permitted on any nonconforming
lot.
(4) The ohana dwelling unit and the first dwelling [shall] jjj~y be located withih
a single structure, i.e., within the same two-family detached dwelling~~
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 [shall] must be occupied by persons who are
related by blood, marriage or adoption to the family residing in the first
dwelling. Notwithstanding this provision, ohana dwelling units for which a
building permit was obtained before September 10, 1992 are not subject•
to this restriction and their occupancy by persons other than family
members is permitted
(6) All other provisions of the zoning district [shall] apply.
(7) The parking provisions of this chapter applicable at the time the ohana
building permit is issued [shall] apply and the provision of such parking
[shall be] is a continuing duty of the owner.
(8) The owner or owners of the lot shall record in the bureau of conveyances
of the State of HawaU, or if the lot is subject to land court registration
under HRS Chapter 501, they shall record in the land court, a covenant
that neither the owner or owners, nor the heirs, successors or assigns of
the owner or owners shall submit the lot or any portion thereof to the
condominium property regime established by HRS Chapter 514A. The
Covenant [shall] must be recorded on a form approved by or provided by
the director and may contain such terms as the director deems necessary
to ensure its enforce-ability. The failure of an owner or of an owner’s heir,
successor or assign to abide by such a Covenant [shall] will be deemed a
violation of Chapter 21 and be grounds for enforcement of the covenant by
the director pursuant to Section 21-2.150, etseq., and [shall] will be
grounds for an action by the director to require the owner or owners to
remove, pursuant to HRS Section 514A-21, the property from a
submission of the lot or any portion thereof to the condominium property
regime made in violation of the covenant.”
SECTION 10. Section 21-10.1, Revised Ordinances of Honolulu 1990
(“Definitions”), is amended by adding new definitions of “Accessory dwelling unit” and
“Designated authorized representative,” to read as follows:
“Accessory dwelling unit” means a second dwelling unit, including separate•
kitchen, bedroom and bathroom facilities, attached or detached from the primary
dwelling unit on the zoning lot.”
“Designated authorized representative” means one or more persons appointed
by the owner or owners to reside in the primary dwelling unit or accessory dwelling unit
and act on behalf of the owner or owners in his or her absence.”
SECTION 11. Ordinance material to be repealed is bracketed. New material is
underscored. When revising, compiling or printing this ordinance for inclusion in the
Revised Ordinances of Honolulu, the reviser of ordinances need not include the
brackets, the bracketed material, or the underscoring.