One Additional Rental Unit may be constructed as an accessory to an existing dwelling unit located within the Residential Zoning District, subject to the following conditions:

With the exception of Section 8-30.1(a)(6), the development standards for an Additional Rental Unit shall be the same as the requirements of Section 8-4.3 and Section 8-4.5 relating to the Residential District.

Prior to building permit review for an Additional Rental Unit, the following public facilities shall be found adequate to service the Additional Rental Unit:

The Additional Rental Unit Facilities Clearance Form as prescribed by the Planning Director shall be completed prior to application for a building permit and shall be submitted with the building permit application. All requirements and conditions on the completed Additional Rental Unit Facilities Clearance Form shall be met prior to issuance of a building permit based on legal requirements at the time of building permit issuance. The Planning Director shall certify the Additional Rental Unit Facilities Clearance Form as complete only if every signature blank on the form has been signed by the respective department or agency, and the applicant has signed an affidavit prescribed by the Planning Director.

The permitting and construction of an Additional Rental Unit shall conform to Chapter 444 and Chapter 448E of the Hawai'i Revised Statutes.

Additional Rental Units shall be prohibited on any property located within any of the County of Kaua'i's Tsunami Evacuation Zones west of the Hanalei River.

Additional Rental Unit (ARU) Subsidy; Purpose. There is hereby established and created an account to be known as the "Additional Rental Unit (ARU) Subsidy" within the Housing Development Fund (Fund No. 512) for the purpose of subsidizing efforts associated with the Facilities Reserve Charge (FRC).

Administration. The County Housing Agency shall certify an applicant's qualification to receive an Additional Rental Unit (ARU) Subsidy. Applications for an ARU Subsidy shall be processed on a first come, first served basis, subject to funding availability. Copies of all ARU Subsidy Applications, regardless of affordability certification result, shall be provided to the Planning Department, the Public Works Department-Wastewater Division, and the Public Works Department-Building Division prior to any waiver of fees.

Appropriation of Funds. An appropriation of $113,200 from the Housing Development Fund shall be set aside to assist property owners with efforts associated with the Facilities Reserve Charge. Annual appropriations from the Housing Development Fund shall be subject to Council approval. Any balance remaining in the Additional Rental Unit (ARU) Subsidy account at the end of any fiscal year shall not lapse. The moneys in the Additional Rental Unit (ARU) Subsidy account shall not be used for any purpose except those listed in this section. Any violation of the affordable housing restrictions required by the Housing Agency may result in an ARU Subsidy Repayment as follows:

Repayment. The ARU Subsidy Repayment constitutes a lien upon the real property in which the ARU is situated. The lien may be recorded in the appropriate land record system. After any failure to pay the amount due, the lien may be enforced by any legal action, including foreclosure proceedings. In the event legal action is instituted for collection, the County shall be reimbursed for all costs of collection including reasonable attorneys' fees.

Rules and Regulations. The Kaua'i County Housing Agency is hereby authorized and directed to promulgate rules and regulations as may be necessary to implement subsection 8 30.1(g) within 12 months from approval of this Ordinance.

Preemption. Nothing in this section shall be construed to preempt or prohibit the authority in any other provision of the Kaua'i County Code 1987, as amended.