Ohana moratorium in HPP?

[Kiana]

I heard a rumor recently that a second ohana dwelling will no longer be permitted on the one acre lots in HPP and that the existing ones will be grandfathered. Is this true, and if so, is this an HPP change or a County Planning department change? We are thinking of buying there, but we do want to build a legal ohana for family.

[Carey]

Chapter 25 of the building code covers this, as have a few threads, I have included a couple that may help, but you may want to search this forum & ask the building dept for more info:

http://www.punaweb.org/Forum/topic.asp?TOPIC_ID=17631
http://www.punaweb.org/Forum/topic.asp?TOPIC_ID=14950
http://www.punaweb.org/Forum/topic.asp?TOPIC_ID=6959
http://www.punaweb.org/Forum/topic.asp?TOPIC_ID=4573
http://www.punaweb.org/Forum/topic.asp?TOPIC_ID=3405
http://www.punaweb.org/Forum/topic.asp?TOPIC_ID=2747

[Kiana]

Many thanks for the other thread links, Carey! You always have such good information at your fingertips, it seems. It sounds like some planning code research is in order. There are so many ohanas in HPP, I am surprised that the zoning technically does not allow them since it's AG. Oh well, onward ho and mahalo again.

[missydog1]

Actually, Ohana dwellings have never been allowed on ag land. Only an additional farm dwelling, for which you need a farm plan approved documenting the need for housing farm workers.

Ohanas are allowed in RS-15 zoning.

I talked to Planning a few times about the additional farm dwelling, and one Planner said it was ridiculous that additional farm dwellings were ever allowed for the 1/2 acre parcels on Kaloli Point, because it is not viable farmland and too small. I guess it would not surprise me if they went that way given the way they felt that applications tend to be dishonest and scams for getting rental units built or ohanas.

Just by thinking of it as an Ohana you are seeing it as something it is not meant to be.

It might sound like I am down on ohanas but I'm not. I have talked to a planner at a meeting about how families with aging generations need ohanas so as to keep families close and able to stay on their land, and more family increases the amount of ag activity they can do.

He said well, there is nothing to prevent a large family sharing the land as long as they have one kitchen. I said sometimes even families need separate kitchens to get along and he agreed. But it seems like for the moment they are adamant that ag land should not legally turn into residential duplex or MIL.

A guesthouse is allowed for expansion of sleeping quarters. No separate kitchen is aimed at keeping density of separate households down unless they are farming.

If a structure was permitted legally it is automatically going to remain legal, but any use restrictions remain. To get exceptions, you need variances. (Good luck)

Grandfathering is typically for building done before Hawai'i County required permits and add zoning. That might be prior to Statehood. Not sure if the Territory had zoning.

HPP does not have any power to allow what zoning does not, and I don't think it has power to disallow what zoning permits. No CC&R's.

However, the Planning Dept can change its definition of substantial ag. For example, the County is not happy with "gentleman farming" on Hamakua and people using a few grazing animals to get tax exemptions. Each farm plan is a new application that must convince Planning it is a genuine farm operation.

Don't buy Ag land thinking you will build an Ohana. Not unless you are committed to real farming where you derive substantial income from selling what you produce.

I also asked a Planner why the County does not reward households for farming to sustain and feed their own? They should be encouraging people to do that. But right now the criteria are all about Sales to third parties, and that's how farming is defined. I don't think that is a good model.