Mayor Bernard P. Carvalho, Jr. The Garden Island file photo.

As Property Manager I have been actively involved in the meetings regarding the regulation of Vacation Rentals on properties zoned Agriculture and outside the Vacation Destination Areas (VDA).  On Monday August 16, 2010 we received good news.  The Mayor signed Bill 2364 which now allows homeowners of agriculturally zoned land to apply for a Non-Conforming Special Use Permit, which, if permitted, will allow them to legally operate vacation rentals.

The permitting process is extensive:  homeowners must prove there was an active vacation rental prior to March 7, 2009; there was a bona fide agricultural operation in existence prior to March 7, 2008 or the Planning Commission finds that the size, shape, topography, locations or surroundings of the lot inhibits intensive agricultural activities prior to March 7, 2008.

For more information visit the Kauai County website at www.kauai.gov/planning.

The August 16th Garden Island article reads as follows:

LIHU‘E — Mayor Bernard Carvalho Jr. on Monday signed into law Bill No. 2364, which amends Ordinances 864 and 876 relating to single-family transient vacation rentals.

The ordinance allows for owners of TVRs outside the boundaries of the county’s Visitor Destination Areas to apply for a permit under certain circumstances, a county news release states. 

Applicants for single-family transient vacation rentals will need to complete a TVR application and provide a sworn affidavit attesting that the use of the residence as a TVR occurred prior to March 7, 2008.

The applicant will also need to provide proof of Transient Accommodation Tax and General Excise Tax licenses, proof of payment of taxes and evidence of use of single family transient vacation rental.

In addition, applicants will need to provide plans signed and stamped by a licensed engineer accurately representing the property as it exists today and a digital pdf format copy of their application.   

Applicants for single-family transient vacation rentals within the State Land Use District Agriculture will need to provide a petition for a Special Permit.   Applications, affidavits, sample petitions and special permit checklists are available at the planning counter at the Mo‘ikeha Building and on the Planning Department website at www.kauai.gov/planning.

Applicants who already have a valid Non-Conforming Use Certificate or TVR registration do not need to apply. This bill does not apply to any TVR in the conservation district, the release states.

Applicants who apply by Oct. 15 (within 60 days of the bill becoming law) will not be charged an application fee. Anyone who applies after that date will be charged and application fee of $1,500.

Refer to Ordinance 2364, also on the planning website, for complete details.

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