Posts: 2,980
Threads: 177
Joined: Aug 2006
Thanks for your response, Kathy. It sounds right to me. The code defines a guest house as follows: <<"Guest house" means an accessory building used as sleeping quarters for guests of the occupants of the main dwelling and having no cooking facilities.>>
So, the hang up appears to be the cooking facilities. By the way, I have found no definition of "cooking facilities" ("kitchen" on the other hand IS defined), but I take that to mean devices that you can use to cook, such as a microwave or a stove. Please don't rely on my interpretation! That might leave an opening for a bar sink (with the the other stuff appearing magically later.) But I agree, nothing in the definition precludes a bathroom!
No one should rely on my musings, and I won't be either....I will check with the planning department and get permits before I do anything. I want everything to be permitted.
Hi Glen,
I posted this in the other topic on ohanas, but I was told by Planning that they now take a harder stance at the "bar sink plus microwave, etc. with no kitchen stove" arrangement, as this has become a common way of effectively trying to get around the no kitchen rule.
I was told that the combination of sink, appliances that heat food, a frig, counter, shelving, dishes and utensils can still be called a violation as one can prepare food quite well these days without a stove.
In other words, it's the total effect of what you've pulled together that either screams nonconforming cooking facilities or the true idea of a bar sink -- wash hands, get water, mix drinks.
If you look at the MLS for Puna listings there are many that come out and say that part of the property is ideal for a studio apartment or rental, and it's all obviously nonconforming.
The County will respond to complaints about zoning violations; they do not, I have been told, initiate investigations. As for Building, they will not come out and cite someone for not pulling a permit even if a neighbor asks (in my experience).
Where it matters, as far as I can tell:
If you plan on ever pulling a permit for improvements, you will not get one unless you pull permits for unpermitted structures or if you have obvious nonconforming usage -- which they can tell you to dismantle.
Two, if you sell your place the buyer has to be willing to assume the issues, so if the buyer plans to do permitted improvements, any nonconforming issues may be a deterrence.
Really, the only problems I've been personally aware of were from neighbor complaints.
Posts: 2,980
Threads: 177
Joined: Aug 2006
I'm with you. The ordinances are whatever the planning department interprets them to be, unless, of course, there a judicial interpretation. I'm focusing on your sentence regarding appliances that "heat food". This was the sticking point when I was looking in Kaua'i (ah Kauai -- those were the days when my dreams were more grandiose...and the properties I looked at, less so!).
I understand that if it walks like a duck, code enforcement is going to call it a kitchen or "cooking facilities" if there is any means, at the time of permitting, by which to cook the duck.
But if all you can do, at the time of permitting, is RINSE the duck, and make the duck a drink, I'm thinking you might be able to waddle on through the permitting process.
Your last two points are well taken...seems like it may not matter until you are pulling permits for improvements or selling.
It might ALSO matter when there has been an unpermitted improvement, oh, say, a very incongrouous fireplace, installed by the previous owner, that fireplace has EXPLODED, and you are faced, as a new buyer, with dismantling it or repairing it.
Amnesty?
