tag:blogger.com,1999:blog-7875069982976812251.post570439181955338246..comments2023-10-17T04:51:08.765-10:00Comments on KauaiEclectic: Musings: That Fairness ThangJoan Conrowhttp://www.blogger.com/profile/00172330100788007499noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-7875069982976812251.post-69397670846811389582009-01-10T09:11:00.000-10:002009-01-10T09:11:00.000-10:00hey, what can I say except you are wrongHeh. You c...<I>hey, what can I say except you are wrong</I><BR/><BR/>Heh. You can <I>say</I> anything you likeAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-29070564388601056792009-01-09T23:49:00.000-10:002009-01-09T23:49:00.000-10:00hey, what can I say except you are wronghey, what can I say except you are wrongAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-22401088338552435262009-01-09T20:32:00.000-10:002009-01-09T20:32:00.000-10:00your entirely ignoring the fact that they've alway...<I>your entirely ignoring the fact that they've always been allowed only in the VDA.</I><BR/><BR/>What?! No. The county passed a bill this last year allowing them only in the VDA. Try to keep up. Sheesh.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-2780717113538421102009-01-09T18:34:00.000-10:002009-01-09T18:34:00.000-10:00your entirely ignoring the fact that they've alway...your entirely ignoring the fact that they've always been allowed only in the VDA.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-38441939155015342272009-01-09T15:28:00.000-10:002009-01-09T15:28:00.000-10:00if they were legal, they wouldn't have to be getti...<I>if they were legal, they wouldn't have to be getting after the fact nonconforming use permits</I><BR/><BR/>Wrong. They only have to get after the fact nonconforming use permits because the county lately decided short term renting is a commercial activity.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-68382394205530905822009-01-09T13:52:00.000-10:002009-01-09T13:52:00.000-10:00Cliff would probably patiently explain that until ...Cliff would probably patiently explain that until the recent county TVR law, vacation rentals were not "illegal."<BR/><BR/>yes they were. vacation rentals are only allowed in the VDA. if they were legal, they wouldn't have to be getting after the fact nonconforming use permitsAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-45035330757444785562009-01-09T10:17:00.000-10:002009-01-09T10:17:00.000-10:00Maybe "overnight accommodations" means someone to ...Maybe "overnight accommodations" means someone to tuck you in at bedtime.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-5924897071858597912009-01-09T00:30:00.000-10:002009-01-09T00:30:00.000-10:00So, what part of "overnight accommodations shall n...So, what part of "overnight accommodations shall not be permitted" don't people understand?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-55198204756227967252009-01-08T13:09:00.000-10:002009-01-08T13:09:00.000-10:00ya that would be cool if they could draw up statut...ya that would be cool if they could draw up statutory language which wont fall apart on a legal challenge, keep out the interlopers, and allow legit farmers to partake in that extra income generating rental activityAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-85607092540315429462009-01-08T12:41:00.000-10:002009-01-08T12:41:00.000-10:00Fairness in Hawaii? Rita Makekau. Out on bail.Fairness in Hawaii? Rita Makekau. Out on bail.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-37875324946437684822009-01-08T11:20:00.000-10:002009-01-08T11:20:00.000-10:00Sorry for the lengthy quote but these two sections...Sorry for the lengthy quote but these two sections seem to prohibit TVRs on Ag land regardless of the soil classification:<BR/><BR/>§205-4.5 (b) Uses not expressly permitted in subsection (a) shall be prohibited . . . <BR/><BR/>§205-5(b)(2) Requirements and restrictions for accessory facilities connected with the farming operation, including gift shops and restaurants; provided that overnight accommodations shall not be permitted;Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-82466511187621927702009-01-08T10:56:00.000-10:002009-01-08T10:56:00.000-10:00§205-4.5 Permissible uses within the agricultural...§205-4.5 Permissible uses within the agricultural districts. (a) Within the agricultural district, all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be restricted to the following permitted uses:<BR/><BR/> (13) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5;<BR/><BR/> (b) Uses not expressly permitted in subsection (a) shall be prohibited, except the uses permitted as provided in sections 205-6 and 205-8, and construction of single-family dwellings on lots existing before June 4, 1976. Any other law to the contrary notwithstanding, no subdivision of land within the agricultural district with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be approved by a county unless those A and B lands within the subdivision are made subject to the restriction on uses as prescribed in this section and to the condition that the uses shall be primarily in pursuit of an agricultural activity.<BR/>(c) Within the agricultural district, all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class C, D, E, or U shall be restricted to the uses permitted for agricultural districts as set forth in section 205-5(b).<BR/><BR/>§205-5 Zoning. (a) Except as herein provided, the powers granted to counties under section 46-4 shall govern the zoning within the districts, other than in conservation districts. Conservation districts shall be governed by the department of land and natural resources pursuant to chapter 183C.<BR/><BR/> (b) Within agricultural districts, uses compatible to the activities described in section 205‑2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205‑2 and 205‑4.5 may be further defined by each county by zoning ordinance. Each county shall adopt ordinances setting forth procedures and requirements, including provisions for enforcement, penalties, and administrative oversight, for the review and permitting of agricultural tourism uses and activities as an accessory use on a working farm, or farming operation as defined in section 165‑2; provided that agricultural tourism activities shall not be permissible in the absence of a bona fide farming operation. Ordinances shall include but not be limited to:<BR/><BR/> (1) Requirements for access to a farm, including road width, road surface, and parking;<BR/><BR/> (2) Requirements and restrictions for accessory facilities connected with the farming operation, including gift shops and restaurants; provided that overnight accommodations shall not be permitted;<BR/><BR/> (3) Activities that may be offered by the farming operation for visitors;<BR/><BR/> (4) Days and hours of operation; and<BR/><BR/> (5) Automatic termination of the accessory use upon the cessation of the farming operation.<BR/><BR/>Each county may require an environmental assessment under chapter 343 as a condition to any agricultural tourism use and activity. Other uses may be allowed by special permits issued pursuant to this chapter. The minimum lot size in agricultural districts shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means; provided that the minimum lot size for any agricultural use shall not be less than one acre, except as provided herein. If the county finds that unreasonable economic hardship to the owner or lessee of land cannot otherwise be prevented or where land utilization is improved, the county may allow lot sizes of less than the minimum lot size as specified by law for lots created by a consolidation of existing lots within an agricultural district and the resubdivision thereof; provided that the consolidation and resubdivision do not result in an increase in the number of lots over the number existing prior to consolidation; and provided further that in no event shall a lot which is equal to or exceeds the minimum lot size of one acre be less than that minimum after the consolidation and resubdivision action. The county may also allow lot sizes of less than the minimum lot size as specified by law for lots created or used for plantation community subdivisions as defined in section 205-4.5(a)(12), for public, private, and quasi-public utility purposes, and for lots resulting from the subdivision of abandoned roadways and railroad easements.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-70947125002255640422009-01-08T09:50:00.000-10:002009-01-08T09:50:00.000-10:00Cliff would probably patiently explain that until ...Cliff would probably patiently explain that until the recent county TVR law, vacation rentals were not "illegal."Anonymousnoreply@blogger.com