Kauai County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 18
Homestays
§ 8-18.1 General Provisions for Homestays.
(a)
A homestay operation shall operate under the following regulations:
(1)
Transient accommodations are provided for visitors for 29 days or less;
(2)
Homestays shall be limited to no more than three guest rooms per homestay operation;
(3)
During homestay operations, the owner(s) benefiting under Sec. 5A-11 of this Code for a homeowner's exemption for the homestay site must be physically within the County of Kaua'i, residing at the homestay operation site, and physically available for the needs and concerns of their respective homestay guests; and
(4)
No other individual or designated representative may act on the owner(s) behalf to meet the requirements of Sec 8-18.1(a)(3).
(b)
Homestay operations are prohibited outside of the Visitor Destination Area (VDA).
(Ord. No. 987, June 19, 2015; Ord. No. 1002, May 18, 2016)
§ 8-18.2 Development Standards for Homestays.
Development standards for homestay operations shall be the same as those for residential dwellings in Section 8-4.5 through 8-4.8 of this Code, inclusive, with the following additions:
(a)
Each bedroom used for homestay purposes shall require one additional paved and designated off-street parking stall;
(b)
At a minimum, the residential structure(s) used for the homestay operation shall be serviced by a septic system approved by the State Department of Health;
(c)
The owner(s) benefitting under Sec. 5A-11 of this Code for a homeowner's exemption for the respective homestay site shall be available on a 24-hour, 7-days-per-week basis during homestay operations. The owner(s) shall provide the name and contact information to neighbors adjacent to and directly across the subject homestay, the Planning Department, the Kaua'i Police Department, the Kaua'i Civil Defense Agency, and the Kaua'i Visitors Bureau upon issuance of a homestay zoning permit;
(d)
One outdoor sign no larger than one square foot shall be posted in a visible place on a wall, fence, or post immediately inside or on the front boundary of the property where it is easy to see, for the purpose of providing the current homestay zoning permit number and the 24-hour contact information. No other signs shall be allowed and there shall be no direct illumination of the required sign. The numbers on the sign shall be no smaller than two inches (2″) in height;
(e)
The homestay operator shall provide a list of requirements and information entitled "For the Safety and Comfort of You and Your Neighbors." This shall provide essential information to the visitor and shall seek to reduce negative impacts on the surrounding neighborhood. This information piece shall be provided to the Planning Department at time of application and shall be posted in a conspicuous place in the guest's sleeping quarters along with a copy of the zoning permit number. The list shall include, but not be limited to, suggested curfews, guidance with respect to the character of the neighborhood and gatherings and noise, and what to do in cases of emergency and natural disaster. For those homestays located in the tsunami evacuation zone, renters must be informed that the homestay is located in the tsunami evacuation zone and of the corresponding evacuation procedures;
(f)
All print and internet advertising for homestay operations, including listings with a rental service or real estate firm, shall include the zoning permit number and give notice that the homestay operation is located in the tsunami evacuation zone where applicable;
(g)
A copy of the zoning permit shall be displayed on the back of the front door of the sleeping quarters; and
(h)
A site and floor plan shall be filed with the application.
(Ord. No. 1002, May 18, 2016)
§ 8-18.3 Renewal of Homestay Zoning Permits.
A property owner that has obtained a homestay zoning permit shall apply to renew the zoning permit annually on the date of issuance of the homestay zoning permit in accordance with the following regulations:
(a)
Each application to renew shall include proof that there is currently a valid State of Hawaii general excise tax license and transient accommodations tax license for the homestay operation. Failure to meet this condition will result in the automatic denial of the application for renewal of the homestay zoning permit(s). The applicant may reapply for renewal within the annual time allotment by presenting a currently valid State of Hawaii general excise tax license and transient accommodation tax license for the homestay operation;
(b)
Each application to renew shall include proof that the primary residential structure(s) used for the homestay operation is the owner's primary residence, and the respective owner is benefiting under Sec. 5A-11 of this Code for a homeowner's exemption for the homestay site in the year preceding the date of renewal;
(c)
Upon renewal, the Planning Department may initiate re-inspection of properties for compliance with other provisions of this chapter or other pertinent land use laws, and may withhold approval of a renewal application and issue cease and desist notices to the applicant until all violations have been resolved;
(d)
The applicant shall pay a renewal fee of $750 to the Director of Finance. All renewal fees shall be deposited to the Transient Accommodation Enforcement Account within Fund 251; and
(Ord. No. 1002, May 18, 2016)
§ 8-18.4 Transient Accommodation Enforcement Account.
There is hereby established and created an account to be known as the "Transient Accommodation Enforcement Account" within Fund 251. The fees collected pursuant to Section 8-18.3 are hereby deemed appropriated upon receipt and may be expended to retain independent contractors to assist in the enforcement of illegally operating transient accommodations. The fees may also be expended for materials, supplies, equipment, and training that facilitate inspection and enforcement of such violations. Council notification is required for any single expenditure from this account which exceeds $10,000. Any fines collected when the account has an excess of $250,000.00 in uncommitted funds shall be transferred and deposited into the General Fund at the close of the fiscal year. The Planning Department shall annually report to the Council, as part of the Mayor's budget submittal on March 15 of each year, the expenditures and outcomes of said account.
(Ord. No. 1002, May 18, 2016)