It Could be an Early Christmas for Bed and Breakfast Proprietors on Maui

According to today's Maui news, Bill No. 115 (2008) - "A Bill for an Ordinance Amending Title 19, Maui County Code, Relating to Zoning as it Pertains to Bed and Breakfast Homes”, passed second and final reading at the Maui County council’s meeting on December 19. This clears the way for Mayor Charmaine Tavares to sign the bill into law.

Maui County does not post its bills online for the public to access; however, the county did post a January 2008 version of Bill 115 as part of a package of bills related to B&Bs and TVRs. If the bill that passed on December 19 is substantially similarly to the January 2008 version, Bill 115 will accomplish the following:

• Expand the use of B&Bs to rural districts and agricultural districts
  
• Require that permits must be held in the name of the proprietor, who is limited to a natural person; i.e., permits cannot be held by a corporation, partnership, or limited liability group
  
• Allow proprietors to provide breakfast for guests (previously prohibited unless zoning allowed)
  
• Limit B&Bs to existing single-family structures
  
• Require a 16 square foot Project Notice sign to be posted at the front of the property along the main access road
  
• Increase the number of units that may be approved by the planning director without hearing from 2 to 6
• Remove council's final approval function--final approval for 6 or more units rests with the planning commission
  
• Initial permits will be for a duration of 1 year; however, subsequent permits may be granted for up to 5 years
  
• Permits over 2 years require annual reports from the permittee
  

Again, the above language may have changed since January 2008, which is the most recent version of Bill 115 posted at the County of Maui's Web site.

For more information about TVRs and B&Bs see this blog’s collection of TVR and B&B entries.