Who must provide affordable housing and how much

(a) The affordable housing requirements shall apply to: (1) All new rezonings that may create additional residential uses, including rezonings, to RS, RD, RM, RCX, RA and FA districts, and APD rezonings where lot sizes are less than five acres, and CG, CV, CN and PD districts when residential uses are established in those districts; (2) All new rezonings to resort, including hotels established in V, CV, CG, CDH or PD districts; (3) All new rezonings to ML, MG, and MCX districts; (4) All prior rezoning actions which contain affordable housing conditions that have not been satisfied as of the effective date of this ordinance, or to which the County has not agreed previously as to the specific means of satisfying the requirements. (b)Requirements for residential uses. (1) Four or fewer residential units or lots: no requirement; (2) Five or more residential units or lots: the applicant must earn affordable housing credits equal to twenty percent of the number of units or lots (rounded to the nearest .5); (3) Time share units shall be considered as residential units. (c) Requirement for resort and hotel uses. Resort and hotel uses generating more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created. Intentionally left blank. SUPP. 15 (1-2024) 11-2.2 HOUSING §11-4 (d) Requirements for industrial uses. (1) The industrial uses that must fulfill the affordable housing requirements are any uses allowed as of right in an ML or MG district, except for home improvement centers, and any uses that are also allowed as of right in a CG district. (2) Credits required. (A) Individual industrial enterprises generating more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created. (B) Rezonings to ML, MG, or MCX, approved after August 22, 2007 with a potential to generate more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created. (i) At the time of rezoning, the potential job generation shall be assumed to be ten full-time equivalent jobs per acre to determine whether subsequent development within the rezoned area must satisfy an affordable housing requirement. (ii) At the time of plan approval, pursuant to section 11-9(b), the affordable housing requirement shall be based upon ten full-time equivalent jobs per acre, or one per 1,000 square feet of gross floor area, whichever is greater, provided that the administrator, after consultation with the planning director, shall adjust the number of jobs based on proof that the actual number of jobs created will deviate from this standard, and provided that in that case, the affordable housing requirement shall be reassessed if the use is changed. (iii) The applicant may also satisfy the affordable housing requirement at the time of final subdivision approval for all or a portion of the lots created within the rezoned area, provided that in that case, the applicant shall be required to earn one affordable housing credit for every ten full-time equivalent jobs created, based on ten full-time equivalent jobs per acre. (iv) Hawai‘i County Council districts 2, 3, 4, and 5 would be exempt from inclusion in chapter 11, article 1, section 11-4(d), until such time that either the Hawai‘i County Council or the Hawai‘i County planning director deem their inclusion necessary and a resolution stating such is passed by the County Council. (1998, ord 98-1, sec 2; am 2005, ord 05-23, sec 2; am 2005, ord 05-111, sec 2; am 2007, ord 07-110, sec 2.)11-4