Maui County's Accessory Dwelling ordinance permitting a second home to be built on existing property has been a godsend to growing island families. Originally created to alleviate the chronic shortage of affordable housing, "Ohana Zoning" also benefits owners looking for a source of rental income to help offset the high mortgage payments.

As an answer to the most frequently asked questions concerning Ohana Zoning, we have prepared this general information fact sheet. Owners considering an accessory dwelling are advised to contact the Maui County Land Use and Codes Administration at 243-7375.

• Accessory Dwelling means living quarters attached or detached to a main dwelling; or within an accessory building located on the same lot as the main dwelling, and meant for use as a separate dwelling.
• Only one such accessory dwelling allowed per lot.
• The lot must be in county residential, apartment, hotel, or interim zoning districts; or state land use rural district.
• Not applicable within a duplex zone, planned development, or state land use agricultural district.
• For areas without sewer systems, lots must be at least 10,000 sq. ft. to qualify for Ohana dwelling.
• Must comply with comprehensive zoning ordinance, including providing an additional parking space and meeting all setback requirements.
• Certain public facilities are required to issue clearances and service the lot, such as approved sanitary sewers, confirmed water availability, and fire department approval for all parcels served by private streets. Owner must document these clearances on a county Public Facilities Clearance Form, to be submitted with the building permit application.
• Lot must have access to 16 foot minimum paved roadway.
• The dwelling may contain installed equipment for only one kitchen.
• See chart (below) for maximum area of accessory dwelling permitted (for lot size, gives permitted covered floor area and uncovered floor area.

An Ohana can be occupied by any one, immediate family or others. Additionally, the Ohana Unit may be sold. However, it must be sold as a condominium since fee ownership to the Ohana unit is not permissible.

The Ohana ordinance does not supersede lease covenants prohibiting a second dwelling on leased land.

If a two-family dwelling exists, legally or illegally, an Ohana unit cannot be added.

An owner can perform construction work on all portions of the work except for electrical and plumbing, which must be done by licensed contractors. We recommend contacting the Maui Contractors Association for a complete list of qualified firms.

If certain Land Use Code requirements cannot be met (setback, parking, etc.) an owner may apply for a building or zoning variance.