Prior to March 7, 2008, the County of Kaua`i did not regulate single-family transient vacation rentals. The Kauai County Code defined “Transient Vacation Rentals” in relevant part as “rentals in a multi-unit building for visitors…, with the duration of occupancy less than thirty (30) days for the transient occupant.” Thus, single-family vacation rentals could lawfully operate in single-family dwelling units unimpeded by county regulations concerning transient vacation rentals.
On March 7, 2008 the County adopted Kauai County Ordinance 864 amending Chapter 8 of the Kauai County Code, 1987. In relevant part, Ordinance 864 changed the definition of “Transient Vacation Rentals” so as to include single-family dwelling units, thus extending the County’s regulation to cover such single-family units. Ordinance 864 also prohibited transient vacation rentals, including single-family transient vacation rentals, not located in visitor designation areas. In order to allow single-family transient vacation rentals that were in lawful use prior to the effective date of the Ordinance to continue operating, Ordinance 864 required owners, operators or proprietors of such rentals to obtain nonconforming use certificates by March 30, 2009. However, Ordinance 864 prohibited the issuance of nonconforming use certificates for any single-family transient vacation rentals located on land designated Agricultural by State law unless the rental was built prior to June 4, 1976, or the applicant had a special permit under HRS 205.6 (now, 205-6) secured prior to the enactment of 864.
After Ordinance 864 was adopted, many operators of single-family transient vacation rentals located on land designated Agricultural but who did not have special permits secured prior to the enactment of 864 applied for but were denied nonconforming use certificates. Many of these applicants commenced appeals of their denials. The County Counsel subsequently found that certain provisions of Ordinance 864 were contrary to the County General Plan’s emphasis on the need to “enact clear standards and permit processes for regulating alternative visitor accommodation structures and operations in Residential, Agricultural, Open, and Resort zoning districts.”
Consequently, on August 16, 2010, the County adopted Kauai County Ordinance 904 which, in relevant part, extended the deadline for obtaining nonconforming use certificates for single-family transient vacation rentals located on land designated Agriculture , and provided for the issuance of special permits where, in addition to the Special Permit standards in HRS 205-6 and the Planning Commission’s Rules of Practice and Procedure, the applicant can show that the subject property had a County agricultural dedication, or a bona fide agricultural operation existed on the property, or that circumstances inhibit intensive agricultural activities or prevent the applicant from qualifying for an agricultural dedication.
Applicants have until Friday to apply for a nonconforming use certificate without being assessed a $1,500 late fee.
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