Chapter 19.35 ACCESSORY DWELLINGS

The limitations and requirements of this chapter shall apply to any accessory dwelling.

A. Any person who wishes to construct, or in any manner otherwise establish, an accessory dwelling shall apply for a building permit therefor in accordance with this chapter.

B. All provisions of the county zoning district, or state land use district as the case may be, in which the accessory dwelling is proposed to be constructed shall apply, except the provisions on the number of dwelling units permitted on a lot and except as the provisions of such district may be inconsistent with the provisions applicable to accessory dwellings. To the extent of such inconsistency, if any, the accessory dwelling provisions shall prevail.

C. The provisions of this chapter shall apply to any lots in the following county zoning and state land use districts:

1. Residential district;

2. Apartment district;

3. Hotel district;

4. Interim zoning district;

5. State land use rural district.

No accessory dwelling shall be placed or constructed on any lot located in any district other than the districts specified in this subsection.

D. Notwithstanding the provisions of subsection C of this section, the provisions of this chapter shall not apply to any lot within a duplex zone, R-O zero lot line residential district zone, R-O zero lot line district, a cluster housing development, or a planned development in any district. No accessory dwelling shall be permitted on any such lot. (Ord. 2135 § 4, 1992: Ord. 2026 § 6, 1991: Ord. 1269 § 7 (part), 1982)

The maximum gross floor area of an accessory dwelling shall be determined as follows:

Lot Area (in sq. ft.)	Maximum Gross Covered Floor Area*
7,500 to 9,999	500 square feet
10,000 to 21,779	600 square feet
21,780 to 43,559	700 square feet
43,560 to 87,119	800 square feet
87,120 or more	1000 square feet

* (Including any storage, covered decks, walkways, patios, lanais and similar structures but excluding a carport or parking space).

(Ord. 1269 § 7 (part), 1982)

An accessory dwelling shall have at least one separate entrance. (Ord. 1269 § 7 (part), 1982)

An accessory dwelling shall not have an interior connection to the main dwelling. (Ord. 1269 § 7 (part), 1982)

No more than one accessory dwelling shall be permitted on a single lot regardless of the size of the lot. (Ord. 1269 § 7 (part), 1982)

An accessory dwelling may have uncovered open decks, walkways, patios, lanais or similar structures, subject to the following:

A. The uncovered open decks, walkways, patios, lanais or similar structures shall not exceed the following respective cumulative total areas:

Lot Area (in sq. ft.)	Maximum Cumulative Floor Area* (in sq. ft.)
7,500 to 9,999	200
10,000 to 21,779	240
21,780 to 43,559	280
43,560 to 87,119	320
87,120 or more	400

* (Cumulative floor area of uncovered open decks, walkways, patios, lanais or similar structures).

(Ord. 1269 § 7 (part), 1982)

An accessory dwelling shall have a carport or other off-street parking space. The carport shall be a single-car carport not exceeding a total floor area of two hundred forty square feet. Where the first dwelling unit on any lot complies with all provisions applicable to accessory dwellings, only one carport or off-street parking space shall be required; provided, that if a main dwelling unit is constructed, such main dwelling unit shall have at least two parking spaces or a carport for two cars in addition to the parking for the accessory dwelling. (Ord. 1269 § 7 (part), 1982)

An accessory dwelling may have a separate driveway from that of the main dwelling, provided that all driveway requirements are met. In addition to any other requirements, a minimum of ten feet between the lot boundary and any building on the property shall be required for such separate driveway. (Ord. 1269 § 7 (part), 1982)

The following public facilities are required to service the lot:

A. Adequacy of sewage disposal system. This shall be secured in writing from the department of public works for public sewage systems and the state of Hawaii department of health for cesspools, septic tanks and private sewage systems;

B. Adequacy of water supply. This shall be secured in writing from the department of water supply;

C. Adequacy of fire protection for all lots served by private streets. This shall be secured in writing from the department of fire control;

D. Adequacy of street. The lot must have direct access to a street which has a minimum paved roadway width of sixteen feet and which the director of public works determines to be adequate for the proposed construction. (Ord. 1269 § 7 (part), 1982)

Public facilities clearance may be obtained prior to application for building permit. Forms for public facilities clearance will be available at the land use and codes administration, department of public works. The forms shall be submitted with and attached to the building permit application. Where complete plans and specifications are submitted for building permit application processing, the public facilities clearance form and the building permit will be processed concurrently. In all other cases, the forms shall be processed prior to submitting the building permit application. (Ord. 1269 § 7 (part), 1982)