Ordinance No.912, adopted on Oct.21, 2011, delegates to the Planning Commission of the County of Kaua‘i, the authority to process and issue zoning permits, use permits, subdivision approvals, and variance permits for “transient accommodation units” (TAU) pursuant to provisions of Article III, Section 3.19 of the Kaua‘i County Charter.
The Ordinance created a new Comprehensive Zoning Code (CZO) Article 28 “Transient Accommodation Unit Certificate Allocation Program” that describes the process for Certificate issuance (Secs. 8-28.3 and 8-28.4). A TAU Certificate allows one (1) TAU to be developed and used. In conjunction with the Certificate, appropriate permits and approvals must also be obtained (zoning permits, use permits, subdivision approvals, and variance permits) from the Planning Commission.
Certificate Allocation Process
Ordinance 912, establishes an “Allocation Cycle” of five (5) years. By March 1st of the first year in the allocation cycle, the Planning Commission shall establish the maximum number of TAU Certificates that can be issued. Applications for TAU Certificates can be accepted from the next working day. The first Allocation Cycle will begin on January 1, 2012.
More information on the TAU Certificate Allocation Program will be posted here as it becomes available.
Non Applicability and Exemption
Ordinance 912 also contains two provisions to identify projects meeting certain criteria under which the requirement to obtain TAU Certificates pursuant to are not applicable. These provisions are:
1. A determination that a project is a “Permitted Project” (see definition), and Sec. 8-28 does not
apply. See "Permitted Project Request Form".
2. A determination by the Planning Director that a project is exempt, through a two step process that
includes:
a. a finding that a project is an Eligible Resort Project (ERP), and;
b. a finding that the ERP is exempt.
See "ERP Exemption Request Form".
Ordinance 912 becomes effective on Nov. 21, 2011. Non Applicability and Exemption requests will be
accepted from that time.
Please contact the Planning Department at (808)241-4050 for more information.