Despite a lengthy and heated debate regarding short-term vacation rentals, a large group of residents were given an overview of the new Maui bed-and-breakfast (B&B) ordinance at the Hannibal Tavares Community Center in Pukalani on March 4th. In recent years, the short-term vacation rental issue has been highly controversial in Maui County for both residents and elected officials.
In 2007, the county started enforcing regulations on transient vacation rentals including B&Bs. Months of contentious debate and discussion followed with residents and elected officials that fell on either side of the issue. However, this January the B&B ordinance was finally signed into law by Mayor Charmaine Tavares thereby clarifying regulations and simplifying the process by which B&B permits were awarded in the county.
Wednesday evening’s meeting was co-sponsored by Maui Vacation Rental Association Board Member Tim Croly and Maui County Planning Director Jeff Hunt. This forum was designed to provide residents with the basic details of the new ordinance as well as an opportunity to discuss the merits of the law and the new permitting regulations. Furthermore, the meeting was open to questions from residents and several “break out” sessions were held in order to allow residents to address their concerns about B&Bs, farm plans, and agricultural special use or conditional permits.
In an attempt to highlight the position of the Maui Vacation Rental Association, Mr. Croly identified the goals of his organization and hoped that homeowners would see their opportunity to participate in and benefit from tourism. As of late, many residents have seen his rental association as somewhat aggressive, but Mr. Croly assured residents in attendance that the Maui Vacation Rental Association is determined to work together with the local government and the public to find common ground and institute laws that benefit the entire community. Moreover, Mr. Croly assured residents that his organization is fully supportive of the new ordinance and the proactive steps taken to develop these new regulations.
Speaking for the Maui County Planning office, Director Jeff Hunt also supported the new ordinance. In addition, he applauded the co-sponsored form as it showed that the community was coming together to resolve the ongoing issues of short-term vacation rentals. Mr. Hunt continued by detailing the criteria of the new B&B ordinance and permitting process and expressed contentment with the new streamlined process.
Maui County’s B&B legislation dates back to 1997 and Mr. Hunt discussed the changes that had been seen in conditional permitting which has been the major point of contention for many residents. The new law covers a number of requirements including a provision that only two detached single-family dwelling units can provide overnight accommodations regardless of the number of legal units on a property. Furthermore, the new law requires that property owners live on-site in order to protect the character of neighborhoods. Other mandates include a maximum of 400 permits and a permitting process that is more straightforward.
Still the streamlined permitting process does appear to have some limitations. Namely, agricultural lands require a special-use permit and must follow both state and county regulations. Also, in an attempt to protect neighbors they have the opportunity to object to these permits. Should 30 percent of neighbors within 500 feet of the property object to the permit or if another B&B exists within these limits, the permit will be denied. Hāna residents will notice further restrictions. B&Bs with more than 3 bedrooms will not be approved.
Mr. Hunt admitted that this process will be frustrating to some applicants. There are mounting applications for permits and those wishing to obtain a permit will be greeted on a first come, first serve basis. His office is facing a huge backlog and the process is expected to take some time. In order to speed up the process, Mr. Hunt highlighted a few details of the permitting process to help potential applicants. First, applicants should post a notice sign on the property five days before submitting the application, letters should be sent to neighbors within 500 feet of the property allowing for a 45 day comment period, house rules should be posted outlining quiet areas and parking regulations, and breakfast must be served.
The permitting process may be tedious and difficult for some applicants but it is important to respect the rights of all Maui residents. Applicants should be careful to review their applications as incomplete applications just bog the system and slow the process for others. The new ordinance is designed to represent fairness and a balanced system for all.
Posted in Maui Real Estate |
Read our Recent Newsletter.
Join Our Mailing List and receive your FREE Maui Real Estate Guide now!
