New Transient Vacation Rental Regulations for Kauai County

Kauai County Ordinance 864, which was signed into law on March 7, 2008, provides new regulations for transient vacation rentals (“TVR”) in Kauai County. In summary, the Ordinance regulates two types of TVRs: Single-Family and Multi-Family.

Multi-Family TVRs

• Allowed in Hotels in the Resort Districts and Commercial Districts; and Resort Districts and Residential Districts within the visitor destination area (“VDA”)
• TVR’s existing prior to September 22, 1982 not located in the VDA, may continue as allowed uses under Sec. 8-17.2, which presently (a) allows “time shares” in Hotels in the Resort or Commercial Districts, (b) allows time shares in the Resort RR-10 and RR-20 Districts and multi-family R-10 and R-20 Residential Districts in the VDA, and (c) prohibits time shares in the R-1, R-2, R-4 and R-6 Residential Districts
• No additional multi-family TVRs will be allowed outside VDA after September 22, 1982

Single-Family TVRs

• New single-family TVRs are prohibited in all areas not designated VDA
• Nonconforming Single-Family TVRs, that were lawful before the effective date of Ordinance 864, must apply for and receive a Nonconforming Use Certificate (“NCUC”)
• NCUCs will not be issued for Single-Family TVRs unless built prior to June 4, 1976, or if a special permit was received under HRS § 205.6
• NCUC annual renewal fee is $150.00

All TVRs

• New TVRs and exiting lawful TVRs must register with Director of Finance within 180 days of effective date of Ordinance 864