HomeMy WebLinkAboutHome Occupation Declaration (4)
East Hawai‘i Office· 101 Pauahi Street, Suite 3 · Hilo, Hawai‘i 96720
Phone (808) 961-8288 · Fax (808) 961-8742
West Hawai‘i Office · 74-5044 Ane Keohokalole Hwy · Kailua-Kona, Hawai‘i 96740
Phone (808) 323-4770 · Fax (808) 327-3563
County of Hawai‘i Planning Department
www.cohplanningdept.com · planning@co.hawaii.hi.us
HOME OCCUPATION DECLARATION AND ZONING CLEARANCE
Chapter 25 (Zoning Code) allows a HOME OCCUPATION as incidental and subordinate to
the use of a dwelling situated ONLY within the State Land Use URBAN District and within any
County of Hawai‘i zoning district in which a single family dwelling is permitted, as stated in
Section 25-4-13 (emphases added):
(a) A home occupation shall be permitted as incidental and subordinate to the use of a dwelling
in any district in which a dwelling is located, provided that the home occupation does not
change the character and external appearance of the dwelling.
(b) All home occupations shall comply with the following standards:
(1) The home occupation shall be conducted either entirely within the dwelling or, if outside
the dwelling, the activity shall be screened from public view.
(2) No exterior signs, symbols, displays or advertisements relating to the home occupation
shall be displayed, nor shall any interior signs be visible from the public view.
(3) Any materials, supplies or products relating to the home occupation which are stored
outside of the dwelling or other fully enclosed building shall be screened from the public
view.
(4) Articles sold on the premises shall be limited to those produced by the home occupation,
or to instructional materials pertinent to the home occupation, or to services provided by
the home occupation.
(5) Only one employee shall be permitted in addition to household members under the home
occupation.
(6) A minimum of one parking space shall be provided on the building site in addition to
parking required for the dwelling use or other permitted uses if the home occupation
involves customer or client visits or meetings. The director may require additional
parking spaces where the director finds that such additional parking spaces may be
reasonably necessary to avoid off-site or inappropriate parking locations. Any resident of
a multiple-family dwelling may fulfill the parking requirement by the use of guest
parking with the written approval of the building owner, manager or condominium
association.
(c) A person desiring to engage in a home occupation that involves any of the following
activities, shall file with the director, a declaration in the form designated by the director,
verifying that the home occupation will comply with all of the conditions contained in
subsection (b) and will not involve any of the activities listed under subsection (e):
(1) Frequent customer or client visits;
(2) Frequent deliveries or pickups;
(3) Storage of materials, supplies or products related to the home occupation outside of the
dwelling or other fully enclosed building;
(4) Activities conducted outside of the dwelling; or
(5) Group instruction.
(d) A special permit shall be obtained for any home occupation on a building site that is situated
within either the State land use rural or agricultural district.
(over)
P:\Forms & References\E-Forms\Home Occupation Declaration.doc
Revised 10/03/2013
(e) The following activities shall not be permitted as home occupations:
(1) Contractor storage yards, including without limitation, the storage, use, repair or
fabrication of equipment designed or intended for use in land excavation or in the
construction of buildings or other structures or other similar heavy equipment.
(2) Repair, fabrication or painting of automobiles or other motorized vehicles, except those
owned by household members and which are not sold or made available for sale within
one year of such activity regarding any particular vehicle.
(3) Care, treatment or boarding of animals in exchange for money, goods, services or other
consideration.
(4) Any activities and uses which are only permitted in industrial districts.
Penalty for violation is specified in CHAPTER 25 (ZONING CODE), ARTICLE 2
(ADMINISTRATION AND ENFORCEMENT), Division 3. Violations, Penalties, Enforcement,
Sections 25-2-30 through 25-12-36. Section 25-2-35 states in part that violation of Zoning Code
could require violator to "Pay a civil fine not to exceed $500 per day for each day in which the
violation persists." "Fines assessed under this section shall constitute a lien upon the subject
property upon the filing of said lien with the bureau of conveyances."
Proposed Use:
Description of Operations (Include hours and days of operation, expected number of vehicles, number of off-
street parking stalls available, number of students if group instruction, etc. Planning Department may request
additional information.):
Declaration: I acknowledge that I have read the above, I will comply with all of the provisions
of the Zoning Code, and I have a copy of this signed Declaration and Zoning Clearance.
Landowner’s Name (please print) Landowner’s Signature
Operator of Home Occupation (please print) Operator of Home Occupation Signature
Phone number: Email:
Date: TMK:
Zoning Clearance (To be completed by Planning Department):
Zoning District: State Land Use:
ALLOWED NOT ALLOWED
Comments:
Planning Department Signature: Date: