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The Honolulu Advertiser
Posted on: Thursday, September 20, 2007

BUREAUCRACY BUSTER
Big family can all live in house

By Treena Shapiro
Advertiser Columnist

Q. My neighbor has as many as 12 people and four dogs living in his house, and nine cars parked outside. Is this a violation of code for this residential neighborhood in Kailua?

A. Short answer: If it's a big family, there's probably no issue.

The Honolulu zoning code allows no more than five unrelated people to live in one residential unit (except in an adult-care home), but there is no limit on family members, provided there is adequate space.

"If you have 15 kids, that means you have to have a larger minimum place for sleeping," said Henry Eng, director of the Department of Planning and Permitting.

(See below for related question on dogs.)

As for the cars, Eng said there is no regulation. "If you have a large family and they're all living in a basic single-family house, they might need more than the two required parking spaces," he said.

He noted that car collectors, too, might need more than two spaces.

Your neighbors can also park on the street legally if they move their vehicles every 24 hours.

Q. Do you need a building permit for a kennel that houses more than 10 dogs? What's the legal setback? The Hawaiian Humane Society has already determined that the dogs are not being abused, but Aliamanu residents who live nearby are concerned about public health due to the odors emanating from the kennel.

A. Henry Eng, director of the city Department of Planning and Permitting, said the city only jumps in if it's a business.

"If the dogs all belong to the owner, then that's OK, but if it's a commercial kennel, then it's generally not permitted," he said.

If your neighbor is raising the dogs for a profit, rather than as pets, call the city's Residential Code Enforcement branch at 768-8280.

If public health is the concern, call the state Department of Health Vector Control division at 483-2535. Inspectors will send a warning letter to the homeowner, and if the problem persists, may visit the home to talk to the dog owners.

I received numerous comments on last week's column about whether streams could be privately owned.

It turns out that the law is vague and while property owners own the land under the stream, state law provides for access to springs and running water.

If you want to fish or boat in a stream that goes through private property, you might want to seek legal counsel.