"Additional dwelling unit"
shall have the same meaning as additional dwelling unit under Chapter 8 of the Kaua'i County Code.
"Additional rental unit"
shall have the same meaning as additional rental unit under Chapter 8 of the Kaua'i County Code.
"Dwelling unit"
Applicable to this section only, means any building or any portion thereof which is designed or intended for occupancy by one (1) family or persons living together or by a person living alone.
"Guest house"
shall have the same meaning as guest house under Chapter 8 of the Kaua'i County Code.
"Limit"
in Section 22-28.2 shall mean any provision that results in a prohibition of Long-Term Rentals, Additional Dwelling Units, Additional Rental Units, and Guest Houses.
"Long-term rental"
shall mean a dwelling unit which is occupied for a period of one hundred eighty-one (181) days or more.
"Visitor destination area"
shall have the same meaning as visitor destination area under Chapter 8 of the Kaua'i County Code.
(Ord. 1106, March 15, 2022)
With the exception of deed restrictions approved as a condition of approval by the Planning Commission during the subdivision process, covenants, conditions, deed restrictions, declarations of condominium property regime, association bylaws, and any other agreements that run with the land shall not limit or prohibit Long-Term Rentals, Additional Dwelling Units, Additional Rental Units, and Guest Houses.
(Ord. 1106, March 15, 2022)
Nothing in this section shall apply to any contracts and agreements:
(a) 
In existence as of the effective date of this Ordinance;
(b) 
Which limit Additional Dwelling Units within the Visitor Destination Areas;
(c) 
Of a successor-in-interest to real property to the extent that an association entered into, amended, or enforced, a covenant, condition, or restriction before the effective date of the ordinance codified in this article; or
(d) 
Formed by the County of Kaua'i, the State of Hawai'i, or the United States federal government.
(Ord. 1106, March 15, 2022)
Failure to comply with the ordinance codified in this article creates an independent right of action.
(Ord. 1106, March 15, 2022)