Rebuilding and Zoning
Can I rebuild a non-conforming structure?
- You can rebuild a non-conforming structure if you don't increase its non-conformity. However, it is recommended to consider the following:
Do I have an encroachment like a rock wall that will need to be rebuilt on my property?
If my road is not wide enough to park on the street, do I have enough room to park on my lot?
Are there obstructions like power poles or hydrants that will be moved out of the right-of-way?
What is Bill 105, and where can I find information on it?
- Bill 105, discussed in the July 19 council agenda, addresses non-conforming structures and lot size issues. Read Bill 105.
What are the rules for rebuilding with existing setbacks?
- Building a new structure to meet zoning requires a 15-foot front yard setback. Side yard setbacks are 6 feet from neighbors (10 feet for structures above the first story), and buildings can be up to 30 feet high. Corner lots must provide corner clearance and measure 30 feet from the corner in each direction to ensure driver visibility.
How are non-conforming structures assessed for rebuilding?
- Records such as photos, title documents, surveys, and prior permits to determine what is grandfathered in.
Can I put a temporary structure on my lot?
- Yes. Follow the process here.
Can my temporary structure be permitted for permanent occupancy?
- Temporary structures that meet code requirements may be submitted for a regular building permit and be allowed to remain permanently once permitted.
On-Site Parking Requirements
What are the parking requirements for rebuilding?
- Parking requirements are based on the square footage of the dwelling unit. There are two stalls for 3,000 sqft & under and one for every additional 1,000 sqft. View the code.
Land Swaps and Property Sales
Are land swaps an option?
There are no current options for land swaps. The County is working with some large landowners to create some options, but preparing a subdivision for swapping may take over five years.
Can lots be sold if rebuilding isn’t desired?
Every owner has the right to sell if that is their preference.
If road widening is required, how is compensation determined?
- The County appraises the land and offers Fair Market Value based on an appraisal.
What is the role of the Lahaina Community Land Trust?
- The Land Trust may offer a faster pathway for selling land and will ensure the property benefits a Lahaina family. Lahaina Community Land Trust is bound by Fair Market Value [Learn more](https://lahainacommunitylandtrust.org/)
Can lot line adjustments be expedited?
- The County of Maui’s Zoning Department may support expedited lot line adjustments if all affected neighbors agree. This would need to be formalized through the Bureau of Conveyances.
Non-Profit Support for Homeowners
What support is available for rebuilding?
- 4LEAF can assist with reviewing house plans and permitting.
- CNHA offers housing, house plans, and financial counseling. Learn more.
- Hawaii Community Lending provides advice on financial assistance and reinvestment. Learn more.
- HPM kit homes can be permitted as permanent structures.
- All Hands and Hearts may help relocate rock walls.
- Kako’o Maui offers pre-development grants for soft costs like plans, permits, and surveys.
Road Widening and Parking
What is the timeline for road widening decisions?
Removing encroachments to meet the 20-foot clearance requirement set by the fire department will need to happen for all through streets. Additional discussion about options for widening beyond 20 feet will happen in September 2024.
How will road widening affect neighborhood traffic?
- Concerns include potential speeding and lack of sidewalks.
Can I opt for my roadway to be designated as one-way?
- One-way roads are challenging as they require parallel roads for two-way traffic and don’t resolve fire code compliance issues.
Will on-street parking be reserved for residents?
- On-street parking would be public and not reserved, though a paid parking or residential permit program could be explored.
MEMA Evacuation Routes
How will evacuation routes be affected?
- New connections should enhance evacuation routes.
What’s happening with the Pioneer Mill property?
- The sale is still in progress and is expected to take nine months or more. Concerns include its heavy industrial zoning and the impact on the residential neighborhood. The County continues to engage with the current owner and will maintain communication with the new owner once the sale is finalized.
Construction Activities
What is the timeline for road widening construction?
Road surveys will continue through Fall 2024. Encroachments must be cleared before reconstruction can begin. Homeowners can proceed with rebuilding, keeping in mind future road setback requirements. If roads need to be widened beyond the current right-of-way, this process could take 4 to 10 years to complete.
How will construction affect access to homes?
- Construction typically occurs on one side of the road at a time, with road plating at night to allow for full reopening.
What about staging for construction?
- Neighbors are encouraged to help one another with parking for crews and equipment. The County will investigate using the Senior Center and Pioneer Mill properties as additional options.
Utilities
What improvements are planned for water and sewer systems?
- Water system improvements include upsizing lines and adding hydrants. Sewer repairs are ongoing, with weekly updates on progress. Property owners can request sewer line relocations at their own cost.
What are the options for underground utilities?
- Underground utilities might be included in road design options if enough space is provided, but discussions with HECO are necessary. Homeowners can request underground power laterals at their own expense.
How can residents promote the use of steel power poles?
- Steel poles are part of HECO’s wildfire strategy, and public support can be advocated to the County Council.
Debris Questions
What happens with lots that aren’t cleared yet?
- Some lots are pending probate or asbestos abatement. Uncleared lots may face condemnation if not cleared by September. Concrete debris will be removed from the Mill property by January 2025.
Where can I find help with ineligible debris removal?
All Hands & Hearts offers assistance with ineligible debris removal. Learn more.
Follow-Up Resources
- Property Measurements: Assessor’s website
- Temporary Power Information: MECO
- MECO Claims Process: File a Damage Claim
- Water/Sewer Worksheet: Download
- Water Meter Requests: Call 808-270-7730
- Archaeological Contact: Email Janet Six, County Principal Archaeologist at: Janet.Six@co.maui.hi.us
- Zoning Code for Home Height: View Code
- Invasive Species: Call MISC at 808-573-6472
- Clear View Triangle Diagram: MCC Chapter 16
- On-Site Parking Requirements: View Requirements