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RE: The Planning Challenge - Wao nahele kane - 11-13-2014
Kalakoa.
Cite the source please. Also keep in mind the context in which they apply.
RE: The Planning Challenge - kalakoa - 11-14-2014
These definitions are from the County Code and should be taken in a "complaint-driven" context.
Permit required for any structure except a tent for "private party or approved camping".
Section 5-1.0.8.
(a) Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, convert, or demolish any building or structure in the County, or cause the same to be done, without first obtaining a separate building permit for each building or structure from the building official; provided that one permit may be obtained for a dwelling and its accessories, such as fence, retaining wall, pool, storage and garage structures.
EXCEPTIONS: A permit is not required for:
(4) Temporary tents or other coverings used for private family parties or for camping on approved camp grounds.
Recreational vehicle:
Section 27-12. Definitions.
"Recreational vehicle" means a vehicle which is:
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Building:
Section 5-1.0.17.
BUILDING. A building is any structure used or intended for supporting any use or occupancy. The term shall include but not be limited to any structure mounted on wheels such as a trailer, wagon or vehicle which is parked and stationary for any 24-hour period, and is used for business or living purposes; provided, however, that the term shall not include a push cart or push wagon which is readily movable and which does not exceed 25 square feet in area, nor shall the term include a trailer or vehicle, used exclusively for the purpose of selling any commercial product therefrom, which holds a vehicle license and actually travels on public or private streets.
Wastewater disposal required:
Section 25-4-2.
Conditions for construction of buildings designed for human occupancy.
(a) On any building site, no building designed or intended for human occupancy shall be constructed and no permit therefor shall be issued unless:
(2) A wastewater treatment system for the proposed building has been approved by the State department of health.
Camping only allowed in specific named locations:
Section 15-39. Camping and trailer areas.
Camping and the use of trailers or other camper units are only permitted as follows:
(1) At LaupÄ.hoehoe Beach Park, Kolekole Beach Park, Isaac Hale Memorial Park,* Punaluâ..u Black Sand Beach Park, Whittington Beach Park, Miloliâ..i Beach Park, Hoâ..okena Beach Park, Mahukona Park, Kapaa Park, and Samuel Spencer Beach Park,* the use of trailers or other camper units are permitted on any suitable place other than picnic or lawn areas. The camper shall give due regard to the rights and convenience of other users of the park, shall not obstruct any roadway or pathway, and shall not monopolize any facility intended for the use of all users of the park.
Camping cannot be permanent:
Section 15-42. Regulations governing camping areas.
(a) The installation of permanent camping facilities is prohibited.
© Camping equipment must be completely removed and the sites cleaned before departure.
Camping requires permit:
Section 15-43. Camping permit required; issuance; denial.
(a) Any person eighteen years of age or older, representing such person or such person's family, a group, organization, or association wishing to camp at a designated camping area shall be required to obtain a camping permit authorizing the use of the grounds and facilities for camping purposes.
A "picnic" (on parks&rec land) automatically becomes "camping" at 11pm:
Section 15-3.
Definitions.
(8) "Picnicking".. means an outing by one or more persons who consume or intend to consume food while within the boundaries of a public premises under the jurisdiction of the department of parks and recreation, but who do not remain or intend to remain on the premises past the hour of 11:00 p.m. If the outing is past the hour of 11:00 p.m., it shall be known as camping and shall be governed by those provisions relating to camping.
RE: The Planning Challenge - Wao nahele kane - 11-14-2014
Section 5-1.0.8?
Section 5-1.0.17.?
No longer exist.
Section 15 deals with parks and public land not private land use.
Section 15-2. Applicability and scope of chapter. (a) This chapter shall apply to all County parks and recreational areas.
RE: The Planning Challenge - Wao nahele kane - 11-14-2014
Section 25 deals exclusively with buildings.
Section 5 directs to the IBC and the IBC does not recognise tents within its scope or definitions. Buildings and structures as commonly defined within the scope of building codes. Buildings are main permanent structures used for occupation, storage and the likes thereof. Structures are typically accessories to buildings such as decks, cisterns and the likes but can also permanently stand alone on a parcel such as tower for radio communications, wind turbines and so on.
The key to buildings and structures are their permanence within or upon the subject parcel.
RE: The Planning Challenge - Wao nahele kane - 11-14-2014
Land use designations (zoning) is where you'll find the answers with regard to using a tent on your own private property. Therein you may find that one may or may not be allowed to set up a camping park on their private parcel for use by the general public. As per personal camping on own private parcel, you're most likely not going to find it addressed anywhere in the codes.
RE: The Planning Challenge - kalakoa - 11-14-2014
As per personal camping on own private parcel, you're most likely not going to find it addressed anywhere in the codes.
As a practical matter, this means County will need to "make a determination" as to which Code sections are being violated, which means we're right back to "spot zoning" and "spot enforcement".
RE: The Planning Challenge - Wao nahele kane - 11-14-2014
Section 5-19. Permit required. (a) No person, fir...
EXCEPTIONS: A permit is not required for:
(1) Work loca...
(4) Temporary tents or other coverings used for private family parties or for camping on approved campgrounds.
Should we infer this sentence to mean that we cannot allow our children to camp in a tent in our own backyards for a weekend without a county permit? Think about that very carefully.
This sentence wreaks of undermining the non enumerated rights of citizens if interpreted as such. Fortunately for the County the use of the conjunction or can be inferred to separate the phrase "temporary tents" and therefore remain intact without violating non enumerated rights.
Since the county has never charged anyone for violation of failing to obtain a permit when camping in a tent on their own property. We can likewise infer that the intent of this passage is not limited to the uses mentioned therein.
We can also infer that the sentence is utilized as a matter of confusion to persuade one not to camp on their own private property but nowhere will you find a code that outright bans the activity as that would be struck down by the federal courts as soon as it was brought forward.
RE: The Planning Challenge - Wao nahele kane - 11-14-2014
The fact is, very few people camp on their own property and even fewer camp for any extended length of time thus there would be no reason for the county to make such an absurd law that prohibits the activity without a permit.
When Emily Naoele brought forward legislation that would seek to allow camping on private property under specified circumstances. The head of the building department was interviewed by the news and he stated that the current codes under the building code had nothing to do with tents and camping on ones own property, that it's exempt and that the proposed tent legislation would introduce further responsibilities that the building department could not enforce.
RE: The Planning Challenge - kalakoa - 11-14-2014
very few people camp ... even fewer camp for any extended length of time
People do, sometimes for years; when this happens in Puna, no enforcement follows.
there would be no reason for the county to make such an absurd law
Yet there it is, ready to be used selectively if and when the situation warrants.
RE: The Planning Challenge - pbmaise - 12-29-2014
Punatics,
No mention of Kau?
Isn't that district faced with almost identical issues?
I think we do not need a separate county within Hawaii County.
Rather we need a far stronger office for our council member. An office that provides assistance to people and shows them how to do things like get an SUP.
Instead of all sitting at the gym getting a lecture from Civil Defense that we will be safe, we need to be planting lilikoi for our SUP approved home based lilikoi jam factory.
My grandmother grew raspberries In Detroit, Canned hand picked raspberry jam and sold it to neighbors. Until we break down barriers to run micro businesses, we will be stuck on welfare or forced to drive to Hilo.
Kalakoa,
You wrote
In retrospect,all those subdivisions in/around LZ1 make no sense.
I disagree.
Once flow is established in Zone 1 it travels downhill to Zone 2. Coming from the same small point in Zone 1, a single eruption site can inundate far more acreage In Zone 2.
There is no crime of use insurance to gamble on properties with forested lands hundreds of years old.
There is a crime to fail to plan ingress.