shall have the same meaning as additional dwelling unit under
Chapter 8 of the Kaua'i County Code.
shall have the same meaning as additional rental unit under
Chapter 8 of the Kaua'i County Code.
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.
shall have the same meaning as guest house under Chapter
8 of the Kaua'i County Code.
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.
shall mean a dwelling unit which is occupied for a period
of one hundred eighty-one (181) days or more.
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)
