Exceptions for creating two-unit condominiums

(a) Notwithstanding section 23-124, the director shall certify compliance with all County laws if requested under section 514A-40, Hawai‘i Revised Statutes, to permit the developer to obtain an effective date for a final public report for a condominium property regime creating two units on a lot, if the project complies with applicable County requirements, except for the minimum building site area, minimum dimensions, and the provisions of this article, and, on or before June 19, 2001: (1) The declaration involving the condominium property regime had been filed with the bureau of conveyances, pursuant to section 514A-20, Hawai‘i Revised Statutes, or (2) A notice of intent had been filed with the real estate commission, pursuant to section 514A-31, Hawai‘i Revised Statutes, or (3) Fees had been committed for attorneys or surveys directly related to creating a condominium property regime on the lot. Documentary evidence to qualify under paragraph (3) shall be submitted to the director within six months of the approval of this ordinance. [Effective: September 25, 2002] Under this section, the developer may also amend a declaration or notice of intent filed on or before June 19, 2001, creating more than two units, to allow the creation of only two units. (b) Notwithstanding section 23-124, the director shall certify compliance with all applicable County laws under section 514A-40(b), Hawai‘i Revised Statutes, to permit the issuance of an effective date for a final public report creating two condominium units on a lot, if the lot contained, on June 19, 2001, two or more legal dwellings, either completed or with valid building permits, and the project complies with applicable County requirements, except for the minimum building site area, minimum dimensions, and the provisions of this article. The declaration establishing the condominium property regime shall be filed with the bureau of conveyances no later than one year after the effective date of this ordinance. [Effective: September 25, 2002] (c) Notwithstanding section 23-124 and section 23-140(a) and (b), the director shall certify compliance for no more than two units on a lot if the following exist: (1) The lot is in the County’s RS zoned district; (2) The lot contains at least two completed legal dwelling units; (3) The lot has legal access on a State or County road having a minimum 20-foot wide pavement or on a private road built to current County-dedicable standards; (4) The lot is serviced by a County or private water system with fire hydrants; and (5) A minimum of two-off street parking spaces are provided for each unit. (2002, ord 02-111, sec 2.)23-140