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Zoning question
#11
Aware of? you should be aware of what the county & your subdivision allow

Afraid of? nothing....(eta: if signing things you do not understand is a comfortable thing for you)

Please do the search if you are really that interested... it has been covered on this forum & it is on the county website...
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#12
Carey,I understood the subdivision rules about no pigs,cows,chickens.
And signed with understanding.
___________________________
Whatever you assume,please
just ask a question first.
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#13
There is nothing to stop each subdivision from incorporating into its own city.
The size of nearly every one of these subdivisions merits city status.
Trying to get anything done regarding planning and rezoning until the subdivision acquires the power of a city is rather - might I say… a half ass pipe dream.

This is why cities were established to be a local governing entity responsible for its own local issues. Hawaii is far too big of a land mass to be considered a sole single localized municipality.
We have states far smaller than this county and they have several counties and cities in each of them. Hawaii Island being a single county is nearly laughable in itself. It was fine back in the early days but not in this day and age.



E ho'a'o no i pau kuhihewa.
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#14
quote:
Originally posted by Wao nahele kane

There is nothing to stop each subdivision from incorporating into its own city.
Under Hawaii's Constitution, only the state legislature can create political sub-divisions. Even if a housing sub-division like HPP wanted to incorporate as a political sub-division (their own incorporated municipality) the State Legislature and Governor holds that authority.
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#15
The conventional wisdom is that the legislature will never permit cities to be formed as a way to conserve power. There actually is no City of Honolulu. It is the City and County of Honolulu and every other rural part of Oahu has to beg and compete with Honolulu for attention.

A similar imbalance exists on this island. Hilo tends to take an extra helping of everything and Puna is generally last to be served.
Zoning (the topic here) is something Puna has been starved for. lack of zoning has forced the residents to become very creative.
Assume the best and ask questions.

Punaweb moderator
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#16
Rob,
Until those basic hurtles are overcome, it's evident nothing much can get done.
I'll start another thread on the matter.

E ho'a'o no i pau kuhihewa.
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#17
Hope,
it is really not that confusing and the previous posts have raised all the elements.
The County zoning laws are explicit about the land uses in ag land. To understand this, read the zoning code.
A subdivision may adopt CC&R's that impose rules that are not imposed by the zoning. To understand this, read your CC&R's.

As an example of what CC&R's can do, take a look at Kohala by the Sea, a west side community of one acre ag zoned lots. Not only no roosters or livestock, but you must build a minimum of square footage, you cannot put up an antenna, you must have your paint and roof colors approved, you cannot build over a certain height, and so on and so forth. It is very controlled so that it will all be high end. As a result, most properties look a lot like this:
http://www.bigislandreale.com/North%20Ko...27126.aspx
and lots that initially sold at 99K now sell for 375K even in these times.

When you ask how it was meant to be ag if no crops were contemplated - well, first you really should read "Land and Power in Hawai'i" - Google Books has the whole chapter on Puna Subdivisions online and I linked it recently.

Also, if land is not conservation, and is not commercial, and is not specifically created as residential, on this island the default is ag. It's not like the default is residential and land must be shown to have agricultural promise to get that zoning. Residential zoning is harder to get and harder to develop, as I understand it. When I lived in Hilo, an adjacent lot that was residential was an ornamental ginger farm. Our house, built in 1950, had been an anthurium growing operation. So you can grow crops on residential zoning and on small lots.

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#18
quote:
Originally posted by Glen

These people produce 3 tons of produce on their 1/10 of an acre in Pasadena: http://www.dervaesgardens.com/the-urban-homestead

I've been fascinated by Rob's garden as well and by the variety and number of edibles (plus a few ornamentals) that he has on his lot. So, I think the answer is you can grow stuff there in respectable quantities.

But your point is well taken--Seaview and HPP and other areas zoned agricultural are for the most part residential in use and not agricultural. I advocate a two tier tax system that would reduce property taxes if you can show you produce, or are likely to produce, a given amount of fruits and vegetables on your property, to encourage everyone to do just that.



The Dervaes are my heroes! Hoping to be able to check out their garden in person next month!

As for what still hope signed - unless it was something for the county planning dept - it holds little water. Only 4 subdivisions have enforceable CCR's on the Big Island and sea view isnt one of them. But call the Plan Dept 961-8228 and check. So Still hope if you want a chicken - you can probably have a chicken.
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#19
quote:
Originally posted by Kapohocat
[quote] Only 4 subdivisions have enforceable CCR's on the Big Island and sea view isnt one of them.
Cat, I assume you are referring to county enforcement only, since I know of countless of private lawsuits by AOAOs in regards to enforcing the CC&Rs and they all prevailed. The latest one went all the way to the Hawaii Supreme Court and the AOAO prevailed there too against a homeowner who kept horses on his property in violation of the CC&Rs.

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
This is what I think of the Kona Board of Realtors: http://www.nsm88.org/aboutus.html

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#20
The rub with CC&Rs is that someone can write anything in a deed restriction - i saw one that only people of a certain race could live there
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