"Ohana" vs. "Guest House"

[Luke Duke]

Hawaii County zoning code mentions ohanas and guest houses. Does anyone know the difference? What is allowed at this time on AG-1 HPP lots?

[randomq]

If you want to be fully permitted on Ag land, I believe you can add one additional "farm dwelling" after your house without having to prove you actually have farm workers that need quarters. There was some talk about allowing an "ohana" same as residential lots, but not sure if that went anywhere.

Of course, you can legally build single story accessory structures under 600sqft without permits on ag land as long as they are not dwellings. Or if you believe in freedom and America and that our grandparents fought in WWII to STOP facism, then you can build and live in whatever you damn well please on your property!

[YurtGirl]

A guest house can not have a full kitchen. It can be anywhere on your property (not in the setbacks though). An Ohana house can have a kitchen. It is essentially a second dwelling, but your property has to be correctly zoned for it, such as RS-10 (can have a dwelling every 10k sf). To have a farm dwelling, you have to prove appropriate ag use on your property and fill out the farm dwelling application, essentially showing the agricultural business plan proving that the use indicates enough hours of work to validate the need for a second dwelling for a farm worker. I believe that can be placed anywhere on the property as well, as long as it is within the set backs.

You can also do a detached bedroom if it is within 50' of the main house. It can have a bathroom, no kitchen.

Ag exempt accessory structures under 600sf and without any plumbing or electric are allowed AS AN ACCESSORY to an already permitted structure. The aren't allowed as stand alone structures. To do just a stand alone structure without any other permitted structures on a lot, you're essentially looking at a commercial permit process.

It's always best to confirm any and all information with the building department, as that's your primary source. 961-8331. Hot tip: Kona answers more often and county codes are the same there. 323-4720 However, I have received misinformation from both sides more than once. It depends on who you get on the phone. If in doubt, go up the chain of command for your specific questions.



Melissa Fletcher
___________________________
"Make yurts, not war" Bill Coperthwaite, 1973

[Rob Tucker]

Melissa,

Good info. Exception is on the accessory exemption on Ag... "AS AN ACCESSORY to an already permitted structure." Nowhere in the code is a permitted structure required for an accessory structure on Ag land. Accessory means an accessory use, i.e. not a habitable use.

The permitted structure stuff was made up policy by various building officials over the years. "Policy" is not code. They make up lots of stuff. Always ask them in writing and insist on a written reply that cites the code.

[YurtGirl]

I noticed that too, Rob. But when I asked both sides of the island on that point, all said that if there was no permitted structure on the land, then the accessory exemption was out and a permit process would essentially be that of a commercial endeavor. Could be just as you say; policy could have spread to everyone's understanding at the building departments and so they cite it as law. Wouldn't be the first time. But to do it otherwise a person would need to challenge the accepted policy. We've been trying to help one of our clients for over 2 years now as they try to jump policy hoops and finally just went with an Ohana house on their RS-10 property. What a nightmare!

Melissa Fletcher
___________________________
"Make yurts, not war" Bill Coperthwaite, 1973

[Rob Tucker]

I've been challenging policy. Filed ethics complaints against Neil Erickson and Brandon Gonzales last fall. They didn't enjoy it. Ultimately ended up in a room with them and a county attorney. They went in with their "I never said that" stuff.... but I had it in writing from them.

Always make inquires in writing. Get written replies. Insist on them citing the relevant code.

The exemptions in the code annoy them because it takes away their cherished right to say no. It is their power source. If they keep it up I will take them to court. Please let me know the names of who tells you this stuff. Take notes.

[kalakoa]

"guest house" is maximum 500sf on a minimum 7500sf lot.

"ohana dwelling" requires a minimum 10000sf lot and is allowable in RS, RA, FA, A zoning.

You cannot have both on the same lot.

There is a separate "ohana dwelling permit" which must be issued prior to application for the actual building permit.

The "ohana unit" can be "designated", typically an existing cottage becomes the "ohana", thereby allowing construction of a new "primary dwelling".

Interesting technicality: 25-6-31(a) stipulates that the ohana dwelling application can only be accepted after completion of all subdivision improvements.

Planning can approve additional "farm dwellings" on ag-zoned land.

The permitted structure stuff was made up policy by various building officials

They also seem to have a bunch of unwritten policy around unpermitted uses.

[kalakoa]

Nowhere in the code is a permitted structure required for an accessory structure on Ag land.

County explicitly allows all uses permitted by State land-use.

State allows all kinds of "structures" without permits, provided that any plumbing/electrical are inspected/permitted by County.

[Rob Tucker]

Neil Erickson tried for months to rely on HRS 46-88 for his policies.

Problem with that is HRS 46-88 contains this:

"(e) This section shall not apply to buildings or structures otherwise exempted from building permitting or building code requirements by applicable county ordinance."

[kalakoa]

otherwise exempted from building permitting or building code requirements by applicable county ordinance

...which County ordinance includes all relevant State statute by reference.