Here are some of the more significant changes:
- The definition of B&B has changed from an accommodation provided for guests for a period of less than 30 days, to a period less than 180 days.
- No more than two detached single-family dwellings can be used for B&B operations per lot.
- In addition to residential and business districts, B&Bs are now a permitted use in hotel, rural, and agricultural districts.
- The permit shall be in the name of the “owner-proprietor, who shall be a natural person and the owner of the real property . . . [n]o bed and breakfast home permit shall be held by a corporation, partnership, limited liability company, or similar entity.”
- No more than six bedrooms may be used as a B&B in a home on Lanai and Maui—no more than three on Molokai.
- Guests are limited to two adults and two minors per room.
- B&Bs “shall make breakfast available to onsite guests.” (Note: “Shall” implies that providing breakfast is mandatory.)
- In Hana, Lanai, and Molokai, B&Bs must have a one square foot sign that identifies the B&B permit number. On Molokai, the proprietor’s phone number must also be included.
Parking must be off-street.
- Housing policies must be posted and include quiet hours from 9:00 p.m. to 8:00 a.m.; amplified sound permeating the boundaries of the lot are prohibited; and vehicles cannot be parked on the street overnight.
- B&B caps are as follows: Hana, 48; Kihei-Makena, 100; Makawao-Pukalani-Kula, 40; Paia-Haiku, 88; Wailuku-Kahului, 36; and West Maui, 88.
- Mitigation may be imposed by the director or the planning commission related to impacts created by B&B.
- A project notice sign shall be posted along the front of the property five days prior to submission of application and removed no less than five days after final decision on the permit application.
- For B&Bs that are one to six bedrooms, permits are approved by the director of planning. Public hearing and commission approval is required when 30 percent of homeowners with 500 feet of the B&B complain; if a variance is granted from B&B requirements; for more than three bedrooms in Hana; and for all B&Bs on Molokai and Lanai.
- Initial permits are valid for a maximum of three years. Subsequent permits are valid for a maximum of five years on Maui and Lanai and for one year on Molokai.
- An annual report is required for permits lasting longer than two years.
- Owner-proprietors do not qualify for a homeowner’s exemption.
For more on B&Bs see this blawg’s Bed and Breakfasts archive.