Article 26. Additional Dwelling Unit
Sec. 8-26.1 Additional Dwelling Unit
On Other Than Residentially Zoned Lots
Sec. 8-26.2 Additional Dwelling Unit On Residentially
Zoned Lots
Sec. 8-26.1 Additional Dwelling Unit On Other
Than Residentially Zoned Lots.
(a) Additional Dwelling Unit. Notwithstanding other provisions to the
contrary, for any lot where only one single-family residential dwelling or farm dwelling
is a generally permitted use or is allowed through a use permit, one additional
single-family residential dwelling unit (attached or detached) or farm dwelling may be
developed, provided:
(1) All applicable county requirements, not inconsistent with Section
46-4(c), Hawaii Revised Statutes and the county's zoning provisions applicable to
residential use are met, including but not limited to, building height, setback, maximum
lot coverage, parking, and floor area requirements.
(A) If the additional dwelling unit is to be built in a Special
Treatment District or Constraint District, all requirements of such district shall be met.
(B) Notwithstanding any other provision to the contrary, for lots in
the Urban and Rural State Land Use Districts which were re-zoned from Residential to Open
District after September 1, 1972, the maximum lot coverage shall be the same as the
residential district requirement.
(2) The provisions of this subsection shall not apply to lots developed
under a project development, or other multi-family development, or similar provisions
where the aggregate number of dwelling units for such development exceeds the density
otherwise allowed in the zoning district.
(3) For lots on which an additional dwelling unit is developed, no
guest house under Sec. 8-3.3(a)(2) shall be allowed. An existing guest house may be
converted
into a dwelling unit but no additional guest house may be constructed.
(4) The following public facilities are found adequate to service the
additional dwelling unit:
(A) Public sanitary sewers, an individual wastewater system (or
cesspool), or a private sanitary sewer system built to County standard and approved by the
Department of Health.
(B) For sewered areas, the availability and capability of a public
sewer system shall be confirmed in writing by the Department of Public Works. The
availability of a private sewer system shall be confirmed in writing by the Department of
Health.
(C) The availability of water shall be confirmed in writing by the
Department of Water.
(D) Approval in writing from the Kauai Fire Department is required for
all parcels.
(E) The lot must have direct access to a street which has an all
weather surface (asphalt or concrete) roadway pavement continuous to the major
thoroughfare, or if the street does not have such all weather surface, there shall be
funds specifically appropriated in the capital improvement budget ordinance for such
roadway pavement. The Planning Director and County Engineer shall apply the standards and
criteria for requiring road improvements established in the Subdivision Ordinance and the
"Kauai County Planning Commission Road Widening Policy," (as may be amended from
time to time), for those roads which are considered substandard.
(5) Facilities clearance may be obtained prior to application for
building permit. Forms for facilities clearance will be available from the Building
Division, Department of Public Works. The form, approved by all agencies, shall be
submitted with the building permit application. Where complete plans and specifications
are submitted for building permit application processing, the submission of the facilities
clearance form will be attached with the building permit and processed concurrently.
(6) Nothing contained in this section shall affect private covenants or
deed restrictions that prohibit the construction of a second dwelling unit on any lot.
(b) Expiration. Section 8-26.1(a) is hereby repealed December 31, 2006.
No building permit shall be granted for an additional dwelling unit under this Section
8-26.1(a) after such repeal date.
(c) Upon expiration of Sec. 8-26.1(a), any additional dwelling unit
built pursuant to a valid building permit obtained under Sec. 8-26.1(a) shall thereafter
be considered a conforming structure and use, notwithstanding Article 23 of the
Comprehensive Zoning Ordinance relating to non-conforming structures and uses. (Ord. No.
551, March 8, 1989; Ord. No. 594, October 24, 1991; Ord. No. 644, December 14, 1993;
Ord. No. 667, November 23, 1994; Ord. No. 692, July 18, 1995; Ord. No. 707, August 15,
1996; Ord. No. 729, November 27, 1998)
Sec. 8-26.2 Additional Dwelling Unit On
Residentially Zoned Lots.
(a) Notwithstanding other provisions to the contrary, for any
residentially-zoned lot where only one single-family residential dwelling is permitted,
one additional single-family residential dwelling unit (attached or detached) may be
developed, provided:
(1) All applicable county requirements, not inconsistent with Section
46-4(c), Hawaii Revised Statutes and the County's zoning provisions applicable to
residential use are met, including but not limited to, building height, setback, maximum
lot coverage, parking, and floor area requirements.
(2) The provisions of this subsection shall not apply to lots developed
under a project development, or other multi-family development, or similar provisions
where the aggregate number of dwelling units for such development exceeds the density
otherwise allowed in the zoning district.
(3) For residentially-zoned lots on which an additional dwelling unit
is developed, no guest house under Sec. 8-3.3(a)(2) shall be allowed. An existing guest
house may be converted into a dwelling unit but no additional guest house may be
constructed.
(4) The following public facilities are found adequate to service the
additional dwelling unit:
(A) Public sanitary sewers, an individual wastewater system (or
cesspool), or a private sanitary sewer system built to County standards and approved by
the Department of Health.
(B) For sewered areas, the availability and capability of a public
sewer system shall be confirmed in writing by the Department of Public Works. The
availability of a private sewer system shall be confirmed in writing by the Department
of Health.
(C) The availability of water shall be confirmed in writing by the
Department of Water.
(D) Approval in writing from the Kauai Fire Department is required for
all parcels.
(E) The lot must have direct access to a street which has an all
weather surface (asphalt or concrete) roadway pavement continuous to the major
thoroughfare, or if the street does not have such all weather surface, there shall be
funds specifically appropriated in the capital improvement budget ordinance for such
roadway pavement. The Planning Director and County Engineer shall apply the standards and
criteria for requiring road improvements established in the Subdivision Ordinance and the
"Kauai County Planning Commission Road Widening Policy," (as may be amended from
time to time), for those roads which are considered substandard.
(5) Facilities clearance may be obtained prior to application for
building permit. Forms for facilities clearance will be available from the Building
Division, Department of Public Works. The form, approved by all agencies, shall be
submitted with the building permit application. Where complete plans and specifications
are submitted for building permit application processing, the submission of the facilities
clearance form will be attached with the building permit and processed concurrently.
(6) Nothing contained in this section shall affect private covenants or
deed restrictions that prohibit the construction of a second dwelling unit on any
residential lot. (Ord. No. 430, August 17, 1982; Ord. No. 551, March 8, 1989;
Ord. No. 667, November 23, 1994)
Sec. 8-26.1 Additional Dwelling Unit On Other Than
Residentially Zoned Lots
Sec. 8-26.2 Additional Dwelling Unit On Residentially
Zoned Lots