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The Honolulu Advertiser
Posted on: Monday, December 22, 2008

County Council OKs B&B limits

Associated Press

WAILUKU, Maui — The Maui County Council has approved a bill that would limit the number of bed and breakfasts on Maui, Lana'i and Moloka'i.

It also requires that bed and breakfasts maintain a quiet time at night to avoid disrupting residential neighborhoods.

Mayor Charmaine Tavares issued a statement commending council members for their work "on this important piece of legislation that will create a new law for our county."

Tavares will need to sign the bill for it to take effect.

The bill caps the number of bed and breakfasts at 48 in Hana, 100 in South Maui and 40 in Upcountry. Other areas, including Pa'ia-Ha'iku, also have limits.

The entire Valley Isle will have a limit of 400.

The vote was 7-1 in favor. One member was traveling and did not vote.

Next year, the new council is expected to take up a second set of bills to revamp regulations on vacation rentals that aren't within the operator's home or property.

The new bed and breakfast rules include:

  • The owner of a B&B must live on the same property but can live in a separate house.

  • B&Bs on Maui and Lana'i can have up to six bedrooms, while operators on Moloka'i can have up to three rooms.

  • B&Bs on agricultural lands larger than 5 acres must show at least $35,000 in annual farm revenue. But operators on smaller agricultural lots would only need to show that the lot had existed before Nov. 1 and that a farm plan was in place.

  • B&Bs would have to enforce "house policies," including quiet hours from 9 p.m. to 8 a.m.; no amplified sound that can be heard off the property; and no on-street parking.

  • An initial B&B permit would be valid for three years; renewals would be valid for five years.

  • Permits on Moloka'i and Lana'i would be approved by the island planning commissions.

  • On Maui, the planning director would have authority to approve most permits; certain cases, such as applications that have drawn protests from neighbors, would go to the Maui Planning Commission for approval.

    Further, applicants will need to acquire a state special-use permit in order to operate a B&B in an agricultural zone, said county Planning Director Jeff Hunt.

    Information from The Maui News, www.mauinews.com.