When it comes to Maui Real Estate Accessory Dwelling aka Ohana, when is it considered conforming and non-conforming?
Conforming means it meets the guidelines with Maui County Zoning & Permit Requirements as well as State Land Use; Non-Conforming means something about it does not.
There can be properties that are conforming, but has non-conforming use. For example, there could be a house with an extension on a lot that allows the size of the house with its permitted extension of added living space where it is built on the land within setbacks. However, the county requirements for the lot size only allows for a single family residence and one kitchen. An area within this dwelling could be closed off to add for a second living area. So the property could be conforming on its build, but non-conforming on its use.
Maui County Code Chapter 19.35.050 states no more than one accessory dwelling shall be permitted on a single lot regardless of the size of the lot.
Lot Sizes in Square Footage are allowed per this County Chapter the following size of accessory dwelling and cumulative area of uncovered decks, etc. (decks, walkways, patios, lanais):
Lot Area Accessory Dwelling (Ohana) Size Cumulative Area
7,500 – 9,000 500 SF 200 SF
10,000 – 21,779 600 SF 240 SF
21,780 – 43,559 700 SF 280 SF
43,560 – 87,119 800 SF 320 SF
87,120 or more 1,000 SF 400 SF
It’s important to note that on the ‘cumulative area’ the operative word is uncovered.
Some other requirements with the Ohana are: 1) At least one separate entrance; 2) No interior connection; 3) Off street parking
Another important note, is the CC&Rs (Covenants, Conditions, and Restrictions) of the Subdivision may have requirements that run with the land on if an ohana is allowed or not.
In Real Estate here on Maui, we often see the example above Conforming Property with Non-Conforming Use. A professional inspection is always important, but extra important for safety reasons especially if someone is considering purchasing such a property. Some of the properties may have passed their inspection for their building permits calling this added area a family room, etc. and might not have put in the proper electrical for appliances. Here is an informative link on dedicated circuits and volt requirements for appliances: https://georgebrazilplumbingelectrical.com/blog/dedicated-electrical-circuit. Some owners do have the proper electrical installed, but cover it up only to remove the covering for use once the building inspector has completed his work. There is talk that the County will be limiting the size of the sink ‘wet bar’ and imposing further requirements to deter exactly this intent.
Of course it’s no secret that Maui like the rest of the state has a housing shortage of affordable homes for working families to buy, but also an extreme shortage of affordable rentals. Oahu has a new ordinance now that makes it a lot easier for property owners to add an ohana: http://www.bizjournals.com/pacific/blog/morning_call/2015/09/honolulu-law-will-allow-homeowners-to-add-rental.html?ana=fbk Perhaps Maui will follow suit eventually. Visit and ‘Like’ my Facebook Page Find Maui Property for other real estate, housing news local and national, as well as informative articles like this one and feel free to reach out to me with any questions you may have by emailing me at: JBrown@FindMauiProperty.com, calling me at (808) 385-5318, or submitting an inquiry at my website: www.FindMauiProperty.com.
