A Brief Summary of the New ADU law

Submitted by Matthew G. Beall, R, CEO, Hawaii Life Real Estate Services, LLC

 

In November 2006 the Kauai County Council passed Ordinance No. 843, related to ADUs (Additional Dwelling Units) on non-residentially zoned lots. Since its inception in 1989, the law pertaining to ADUs on non-residentially zoned land had been modified twice and extended four times. Each extension included a ‘Sunset Date’, upon which the Ordinance was set to expire.

With the foresight that the previous sunset date of December 31, 2006 was quickly approaching, Councilman Jay Furfaro introduced Bill No. 2173 on March 10 of last year, and took the initiative to request that the Planning Department hold public hearings to discuss the options confronting property owners with the Sunset Date pending. After public hearings at the Planning Commission and at the County Council Chambers, the Bill was amended several times before it was finally passed in its current form.

The new bill limits the construction of ADUs to “lots of record as of December 31, 2006” and extends the ‘Sunset Date’ to December 31st, 2009, meaning that a property owner will have to have their building permit approved and activated by that date. In addition, the new ordinance states that property owners who wish to construct an ADU on non-residentially zoned land are required to obtain the ‘County of Kaua’i Additional Dwelling Unit Facilities Clearance Form’, approved by the Planning Director, no later than June 15, 2007. This form is available at the County of Kauai Planning Department.

All ADU Clearance Forms and building permits are subject to specific infrastructure requirements from the various County departments, so there may be instances when a property cannot qualify for an ADU, regardless of its zoning.

A copy of the new ordinance can be obtained by contacting County of Kauai Council Services, 4396 Rice Street, #206, Lihue, HI 96766 or by phone at: (808) 241-6371.