How County Rules Apply and Guest House Limits

For the purposes of this Chapter, the County of Kaua'i shall include the districts of Waimea, Kōloa, Līhu'e, Kawaihau, and Hanalei as described in Sec. 4 1(4), H.R.S.Unless otherwise expressly prohibited by law, the provisions of this Chapter shall apply to all areas within the County boundaries.In administering and applying the provisions of this Chapter, unless otherwise stated, they shall be held to be the minimum requirements necessary to accomplish the purpose of this Chapter.For parcels containing multiple zoning designations, each designation shall be considered individually in applying the standards of this Chapter, with the exception that any lot or parcel located in the State Land Use Commission Agricultural District and containing 50 acres or more in the County Open District shall be considered together with the County Agriculture District for the purpose of determining parcel acreage to apply subdivision standards.Nothing in this Chapter shall regulate the placement, design and construction of the Hawai'i Emergency Management Agency- (HI-EMA) Managed All-Hazard Statewide Outdoor Warning Siren Systems; or utility poles, towers, and transmission lines by a public utility company as defined in Sec. 269-1, H.R.S., provided, that the siren systems, poles, and towers shall be no higher than 20 feet above the height limits for structures applicable in the Use District in which the poles and towers are constructed.Nothing in this Chapter shall regulate the minimum size of lots in a subdivision which are to be used for government or public utility facilities. The creation of such lots shall be in compliance with the provisions of Chapter 9, County Subdivision Ordinance, of the Code.Nothing in this Chapter shall prohibit the use of factory-built housing or trailer homes as permitted dwellings, buildings, or structures for the purpose of human habitation or occupancy within the various Use Districts provided that all such factory-built housing and trailer homes must first:Meet all applicable development standards, density limitation and other such requirements for the particular Use District;Be permanently affixed to the ground;Have had their wheels and axles, if any, removed;If licensed pursuant to Hawai'i Revised Statutes Chapter 249, have been registered as a stored vehicle in accordance with Hawai'i Revised Statutes Sec. 249-5;Meet the standards and requirements contained in Sec. of Chapter 12, Building Code; andMeet all other applicable governmental rules, regulations, ordinances, statutes and laws.Recreational trailers may be used as temporary dwellings for travel, recreational or vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps) of Title , Administrative Rules, Department of Health, State of Hawai'i, or any other State or County laws, ordinances or rules relating to the use of public or private lands, parks or campgrounds for camping or recreational purposes. Except as provided herein, no recreational trailer shall be used as a dwelling or building for the purpose of human habitation or occupancy.The development of one (1) guest house per one (1) dwelling unit is authorized in zoning districts R-1 to R-6, R-10 to R-20, CN, CG, AG, O, and UNV, provided that all of the following requirements are met:A guest house shall meet all applicable development standards and other requirements for the particular Use District;A guest house shall meet all other applicable governmental rules, regulations, ordinances, statutes, and laws;A guest house shall be permanently provided with one (1) off-street parking space per guest house in addition to the required off-street parking for all dwelling unit(s);A guest house shall never be separated in ownership from the ownership of its primary dwelling by any owner or any heir, successor, or assign of any owner, including but not limited to submitting the lot or any portion thereof to a condominium property regime (CPR); andA guest house shall not be used for a transient vacation rental (TVR) or homestay operation within or outside of the visitor destination area (VDA).A parcel situated within the Special Management Area (SMA) shall be limited to a maximum of one (1) guest house per lot of record and for a parcel on which an additional dwelling unit is developed, no guest house shall be allowed. An existing guest house may be converted into a dwelling unit but no additional guest house may be constructed.A parcel situated within any of the County of Kaua'i's Tsunami Evacuation Zones west of the Hanalei River shall be limited to a maximum of one (1) guest house per lot of record and for a parcel on which an additional dwelling unit is developed, no guest house shall be allowed. An existing guest house may be converted into a dwelling unit but no additional guest house may be constructed.For a parcel situated within zoning districts R-1 to R-6, or R-10 to R-20, only (1) additional rental unit or one (1) guest house shall be allowed per one (1) dwelling unit. An existing guest house may be converted into an additional rental unit, but no additional guest house may be constructed per one (1) dwelling unit.Prior to building permit review for a guest house, the following public facilities shall be found adequate to service the guest house:For sewered areas, the availability and capability of a public sewer system shall be confirmed in writing by the Department of Public Works. The availability of a private sewer system or an individual wastewater system shall be confirmed in writing by the State of Hawai'i Department of Health.The availability of water (including but not limited to source, transmission, and storage lines/facilities) shall be confirmed in writing by the Department of Water.Approval in writing for a guest house from the Kaua'i Fire Department shall be required.The Guest House Clearance Form as prescribed by the Planning Director shall be completed prior to application for a building permit and shall be submitted with the building permit application. All requirements and conditions on the completed Guest House Clearance Form shall be met prior to issuance of a building permit based on legal requirements at the time of building permit issuance. The Planning Director shall certify the Guest House Clearance Form as complete only if every signature blank on the form has been signed by the respective department or agency, and the applicant has signed an affidavit prescribed by the Planning Director.