The purpose of this chapter is to establish a permitting process and appropriate restrictions and standards for bed and breakfast homes; to allow small, local businesses an opportunity to participate and benefit from tourism; to provide a visitor experience and accommodation as an alternative to the resort and hotel accommodations currently existing in the County; and to retain the character of the residential neighborhoods in which any bed and breakfast home is located. (Ord. 2609 § 8 (part), 1997)

Bed and breakfast homes shall be permitted in accordance with the provisions established in each zoning district and as provided in this chapter. (Ord. 2609 § 8 (part), 1997)

Bed and breakfast homes shall be subject to the following restrictions and standards:

A. The short-term rental use shall be permitted in only one single-family dwelling unit per lot.

B. The owner-proprietor or lessee-proprietor shall have a current transient accommodations tax (TAT) license and general excise tax (GET) license for the bed and breakfast home.

C. The owner-proprietor or lessee-proprietor shall be a resident of the county and shall reside, on a full-time basis, within the single-family dwelling unit being used as the bed and breakfast home.

D. The owner-proprietor shall have legal title to the property on which the bed and breakfast home is located; the lessee-proprietor shall hold a lease of five years or more on the property on which the bed and breakfast home is located.

E. The number of bedrooms used for short-term rental in the bed and breakfast home shall be no greater than six and shall be subject to the provisions of section 19.64.050 of this chapter. The total number of guests shall be limited to two guests per bedroom.

F. A bed and breakfast home shall not operate as a food service establishment, unless a food service establishment is a permitted use in the zoning district.

G. A bed and breakfast home shall be in compliance with all other applicable federal, state, and local laws.

H. In permitting bed and breakfast homes, the planning director, the planning commissions and the council shall not consider, nor be bound by, any private conditions, covenants or restrictions upon the subject parcel. Any such limitations may be enforced against the property owner through appropriate civil action.

I. All advertising for any bed and breakfast home in a residential district shall include the number of the permit granted to the owner-proprietor or lessee-proprietor.

J. Single-station smoke detectors shall be provided in all guest bedrooms.

K. Single-family dwellings used as bed and breakfast homes shall not qualify for real property tax exemptions pursuant to chapter 3.48, Maui County Code.

L. No bed and breakfast home in a residential district shall create any impact greater than those theretofore existing in that residential district. (Ord. 2609 § 8 (part), 1997)

A. Prospective proprietors of bed and breakfast homes in residential districts shall apply for a permit with the planning director in accordance with the provisions of this chapter. A permit application fee shall be set forth in the annual budget of the County. All permit applications shall include, but not be limited to, the following information:

1. The name, address and phone number of the applicant, and verification that the applicant is either the owner or lessee of the lot;

2. The tax map key number of the lot on which the bed and breakfast home is proposed;

3. Certification that the applicant’s primary residence is the single-family dwelling unit to be used as the bed and breakfast home and that the permit will be nontransferable;

4. A site and floor plan identifying the location of parking on the site and the location of bedroom(s) to be used for short-term rental;

5. A list of the names and addresses of the owners and lessees of record within a five-hundred-foot distance from the lot on which the proposed bed and breakfast home is to be located; a certification that the list is the most current list available at the real property tax division of the department of finance of the County at the time of the filing of the application with the planning director; and a map, drawn to scale, which clearly identifies the lots and the tax map key numbers of the lots identified pursuant to this section;

6. Additional information as may be requested by the planning director to determine impact and mitigation measures.

B. Notice of Application.

1. All applicants shall, by certified mail, provide a notice of application for a bed and breakfast permit to the owners and lessees of record located within a five-hundred-foot distance from the lot on which the proposed bed and breakfast home is to be located;

2. The notice of application shall contain a description of the proposed bed and breakfast home operation, parking on the site, and number of bedrooms to be used for short-term rental, together with a location map identifying the bed and breakfast lot in relationship to all other lots within a five-hundred-foot distance;

3. The notice of application shall state that the noticed owners and lessees of record may file a written protest against the proposed bed and breakfast home with the planning director, provided that all protests must be postmarked or received within forty-five days of the mailing of the notice of application;

4. If planning commission review is required, the applicant shall publish the notice of application, and the location map, at least thirty days prior to the date of the planning commission’s public hearing, in a newspaper which is printed and issued at least twice weekly in the county and which is generally circulated throughout the county;

5. For purposes of this chapter, notice shall be considered validly given if the planning director finds that the applicant has made a good faith effort to comply with the requirements of this subsection.

C. If an application does not meet the legal requirements of this chapter, it shall be denied. (Ord. 2609 § 8 (part), 1997)

A. Type 1 Bed and Breakfast Home. Short-term rental of one to two bedrooms in a bed and breakfast home in residential districts shall be permitted by a “Type 1 Permit.”

1. The applicant for a Type 1 Permit shall file an application with the planning director as provided in section 19.64.040 of this chapter.

2. The planning director shall approve or deny the application pursuant to the requirements of this chapter.

3. The application shall be processed as a Type 2 Permit, as provided in subsection 19.64.050.B, if any of the following occur: (a) if written protests pursuant to subsection 19.64.040.B.3 of this chapter comprise forty percent or more of the owners and lessees of record within a five-hundred-foot distance from the lot on which the bed and breakfast home is proposed; (b) if a variance was obtained to meet the requirements for a Type 1 Permit; (c) if an existing bed and breakfast home is operating on a lot within a five-hundred-foot distance from the lot on which the bed and breakfast home is proposed.

4. The planning director shall specify in the department’s annual report the number of Type 1 Permit applications received and approved.

B. Type 2 Bed and Breakfast Home. Short-term rental of three to four bedrooms in a bed and breakfast home on lots of seven thousand five hundred square feet or greater in residential districts shall be permitted by a “Type 2 Permit.” If the single-family dwelling to be used as the bed and breakfast home is listed on the State or Federal Register of Historic Places, the application shall be processed as a Type 1 Permit as provided in subsection 19.64.050.A.

1. The applicant for a Type 2 Permit shall file an application with the planning director as provided in section 19.64.040 of this chapter. The planning director shall process and forward the completed application to the appropriate planning commission.

2. The appropriate planning commission shall review and either approve or deny the application pursuant to the requirements of this chapter, the effects the proposed use would have on surrounding residential uses, and the cumulative impacts within the region and island. The commission may also require mitigation to reduce any impacts the use may have on surrounding residential uses.

3. The application shall be processed as a Type 3 Permit, as provided in subsection 19.64.050.C, if any of the following occur: (a) if the commission approves a Type 2 Permit application for which written protests, pursuant to subsection 19.64.040.B.3 of this chapter, comprise forty percent or more of the owners and lessees of record within a five-hundred-foot distance from the lot on which the bed and breakfast home is proposed; (b) if the commission approves a Type 2 Permit application for which a variance was obtained; (c) if an existing bed and breakfast home is operating on a lot within a five-hundred-foot distance from the lot on which the bed and breakfast home is proposed.

4. The planning director shall specify in the department’s annual report the number of Type 2 Permit applications received and approved.

C. Type 3 Bed and Breakfast Home. Short-term rental of five to six bedrooms in a bed and breakfast home on lots of ten thousand square feet or greater in the residential districts shall be permitted by a “Type 3 Permit.” If the single-family dwelling to be used as the bed and breakfast home is listed on the State or Federal Register of Historic Places, the application shall be processed as a Type 2 Permit as provided in subsection 19.64.050.B.

1. Type 3 Permit applications shall be processed in the same manner as Type 2 Permit applications, except that if the appropriate planning commission approves the Type 3 Permit application, the application and related documents shall be referred to the council for final approval by resolution; if the appropriate planning commission denies the Type 3 Permit application, the application shall be denied and shall not be referred to the council.

2. The planning director shall specify in the department’s annual report the number of Type 3 Permit applications received and approved. (Ord. 2609 § 8 (part), 1997)

A. Permits shall be valid for a period of one-year and may be renewed by the planning director in accordance with criteria then in effect as established for Type 1 Permits by the planning director, Type 2 Permits by the planning commission, or Type 3 Permits by the council. No permit shall be renewed without written verification of tax payments, and no permit shall be renewed in the event that any evidence has come to the attention of the planning director that the operation of the bed and breakfast home has created adverse impacts on the residential neighborhood in which it is situated or has otherwise caused the loss of the character of that residential neighborhood.

B. All permits and renewals shall contain a provision for inspection at reasonable times and upon presentation of appropriate credentials.

C. Any permit for a bed and breakfast home shall be revoked at any time by the planning director if the requirements of this chapter or the conditions of approval have not been met. In addition to any enforcement action pursuant to chapter 19.530 of this title, the rules of the appropriate planning commission, and the rules of the department of planning, the permit of the bed and breakfast home shall be revoked, and the proprietor may not re-apply for another permit for two years after the date of revocation if it is shown that:

1. The owner-proprietor or lessee-proprietor gave false or misleading information during the application process;

2. The owner-proprietor or lessee-proprietor is in violation of State Department of Health regulations, or any other applicable laws;

3. The owner-proprietor or lessee-proprietor is overdue in payment of State or County taxes, fines, or penalties assessed in relation to the bed and breakfast home;

4. There is a change in proprietorship; or

5. There has been a violation of any of the terms, conditions, and restrictions on the use of the dwelling unit for a bed and breakfast home.

D. Any operation of a bed and breakfast home in residential districts without an appropriate permit shall be in violation of this chapter and subject to the enforcement provisions of chapter 19.530 of this title. (Ord. 2609 § 8 (part), 1997)