Puna Beach Palisades vs Seaview

[kalakoa]

25-1-5(b) defines "accessory building" as

a building, no more than twenty feet in height, detached from and subordinate to a main building or main use on the same building site and used for the purposes customarily incidental to those of the main building or use.

However, 25-4-5 explicitly recognizes any land use permitted by HRS 205 or HRS 183C.

HRS 205-4.5(a)(4)

Farm dwellings, employee housing, farm buildings, or activities or uses related to
farming and animal husbandry.

HRS 205-4.5(a)(10)

Buildings and uses, including but not limited to mills, storage, and processing
facilities, maintenance facilities, and vehicle and equipment storage areas that are
normally considered directly accessory to the above mentioned uses and are
permitted under section 205-2(d)

HRS 205-2(d) defines "agricultural uses". Additional limitations may apply depending on the "detailed land classification master productivity rating" which generally doesn't apply to worthless lava subdivisions with no soil.

Interestingly, "primary dwelling by right" applies only to ag-zoned lots created before 6/4/1976 (HRS 205-2(b)).

Bottom line: it's all a semantics game, maybe that "accessory structure" is really a "farm building" or a "maintenance facility".

[Rob Tucker]

hotinhawaii,

I had to push Neil pretty hard to get him to back up. What he was saying to you is not in the code.... it was in his mind (opinion). For two months I pressed him to show me where it was in the code. He couldn't do it... pointed to the planning department. Planning department said "accessory" means an accessory use. No other building is required.

But the minds of small time rural county officials inclines them to believe everything they think. And they try to force it upon the meek. I am not particularly meek. Always ask questions in writing. They are required by code to reply in writing. Verbal stuff means nothing. Try to corner them on a fact and they will deny they said it. Always in writing.

Meanwhile if you read the code section on permit exemptions it does not mention or demand agricultural uses and does specifically mention playhouses.

[Kapoho Joe]

I'm sure your future neighbors will appreciate your shack. Try to place it as far from view as possible.

[kalakoa]

Try to place it as far from view as possible.

Again: "unpermitted" does not automatically mean "ramble-down shack".

Away from pavement, it's more important to have good neighbors than pretty houses.

[Chas]

I'll second that. Bad neighbors will do their best to cause problems even when you do things right