two houses on one lot in Puna???

[tikicarver]

I am wondering if anyone knows about zoning rules in Puna ( specificaly Orchidland sub division)

I own a property that already has a small permited house on it.  512 sq ft.

I plan to build a larger house on the property. 
The lot is 3 acres 

I know the rules say only  1 house on a Ag lot. 
but my idea is to get a permit to build the new house and tell the Bldg Dept when the house is compete
we will convert the small house to a Ohana unit. 

anyone know if they will let me do that?

[Rob Tucker]

What the county will "let" you do depends on who you know at the county.

[tikicarver]

What the county will "let" you do depends on who you know at the county.

lol,,,, Ok who do I need to know to let them sign my permit?

[kalakoa]

Actually the rules do permit an ohana on Ag-zoned land.

25-5-77(d) An ohana dwelling may be located on any building site in the A district...

The catch being that all improvements must be in place -- the ones that County was supposed to require as a "condition of final plat approval".

25-6-31. Eligibility for ohana dwelling permit.
(a) An application for an ohana dwelling permit on any building site shall only be accepted by the director after the completion of all subdivision improvements required by chapter 23 (subdivisions), for the subdivision in which the building site is located. For purposes of this subsection, “completion” means the construction of all of the subdivision improvements including the subdivision roads, drainage, water, and if applicable, wastewater systems, in accordance with approved construction plans, which improvements have been completed to the satisfaction of the director of public works.

County might "let" you ... then again they might later decide that your permits were "issued in error".

I would try invoking 25-5-77©, which "might" allow for additional "farm dwellings" pursuant to conditions including an ag development plan.

[tikicarver]

thanks for the reference

I also found the following that specifically allows conversion of an exsiting house.

Section 25-6-33. Designation of the ohana dwelling unit. (a) Regardless of the size of a building site, not more than one ohana dwelling unit shall be permitted on the same building site with the first single-family dwelling unit. (b) The director may designate an existing, first single-family dwelling unit as an ohana dwelling unit in order to allow permitting of a new first single-family dwelling unit when such existing dwelling is the only dwelling unit on the building site and the dwelling unit complies or will be modified to comply with all the requirements of this division. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25


as for the "complete all planned improvements"  

Well the property is in Orchiland on one of the nicest paved roads in the area, has electrical power and fiber optic service.
don't think they are planning to add a sewer system or county water, so would be hard for them to say the improvements are not in place in my area.

[Rob Tucker]

I believe the governor signed a bill ths summer allowing more than one Ohana per lot.

[punikahakaiferret]

I heard that too, Rob, that depending on the lot, up to 3 'ohana/ADU are allowed on Hawaii Island, whereas on Oahu it is up to 2.

[punikahakaiferret]

This in today's Civil Beat regarding having up to 3 ADU's:

https://www.civilbeat.org/?p=1683692&utm_source=Civil+Beat+Master+List&utm_campaign=104da5acc9-EMAIL_CAMPAIGN_2024_11_05_01_52_COPY_01&utm_medium=email&utm_term=0_-4a7e232a85-401949730&mc_cid=104da5acc9&mc_eid=195f8bc034

[tikicarver]

That article says "in urban areas"
Puna is mostly zone as Ag-3,,, in the HI zoning code there was different rules for different zones.

Need to check if this new law applies n AG zones.

also, keep in mind there is a difference between an ADU and an Ohana permit...
the Ohana cannot be legally rented, supposed to be a relative of the perperty owner living there.....

[kalakoa]

That article says "in urban areas"

Urban is a State Land Use, within which County may designate Residential, Commercial, etc.
Ag is by definition not Urban.