Prior to 1989, Additional Dwelling Units were allowed only in the Residential zone. Then in 1989, the law was amended to allow ADUs in the Agriculture and Open zones, however, not without controversy. As a result, ADUs were allowed in
Prior to 1989, Additional Dwelling Units were allowed only in the Residential zone. Then in 1989, the law was amended to allow ADUs in the Agriculture and Open zones, however, not without controversy.
As a result, ADUs were allowed in the Agriculture and Open zones, but on a temporary basis only. Since then, four extensions were granted to continue allowing ADUs in the Agriculture and Open zones, however, not without similar controversy. Finally on Nov. 22, 2006, Ordinance No. 843 was adopted granting a “limited right” for a final three-year period to allow landowners with a certified ADU Facilities Clearances completed by June 15, 2007 to apply for building permits for their ADUs. This ordinance established Dec. 15, 2009 as the last day of the three-year period that building permits can be issued for the affected ADUs.
Many conclude this 2006 ordinance to be the final extension for allowing ADUs in the Agriculture and Open zones. As stated in the 2006 Ordinance No. 843, “The Council further finds that any further extension would be detrimental and unwarranted.” Therefore, the possibility of allowing for another extension seems to be highly unlikely.
With this in mind, the Kaua‘i Board of Realtors feels that it is very important to inform all affected landowners with Agriculture and/or Open zoned properties that have “certified” Facilities Clearances for their ADUs of the impending final Dec. 15 deadline.
It is very important to understand that the County of Kaua‘i cannot issue a building permit for an ADU in the Agriculture and/or Open zone after Dec. 15, 2009 even though permit applications were filed before the deadline. Essentially, this deadline is not the last day that an owner can apply for a building permit, but is the last day that the County of Kaua‘i can issue a building permit for such ADUs.
In order to avoid undue stress, the KBR feels that early preparation and planning is vital on meeting this deadline. Considering that the normal amount of time to obtain a building permit is approximately six weeks, affected landowners with certified Facilities Clearances intending to build their ADUs should start their building permit process well before the Dec. 15 deadline to allow for unforeseen delays during the process. It is recommended that another four to six weeks be added to the permitting time frame to address any unforeseen delays that may occur as the government agencies involved in the permit process conduct their respective reviews.
Therefore, property owners who have not yet obtained their building permits should start preparing for the permitting process ahead very soon. Due to the daily building permit workload, and the tendency of having a high influx of last minute permit applications as the deadline nears, people should take into account that the County of Kauai, because of the increased permit volume associated with last minute rushes, may not be able to issue building permits for all of the ADUs that are in process by the established deadline.
Also, affected ADU applicants should realize that there are others with everyday permitting matters that are also in the process waiting for their applications to be approved. Consideration to others that are non-ADU applicants who are also waiting, as well as not “cutting” in line because of the deadline is vital to not congesting the process and placing an undue burden on the County as well as the general public.
In order to avoid being caught in the volume of the last minute rush and help the permit process run efficiently up to the deadline (which benefits both the government agencies and landowners), people are strongly encouraged to start preparing their ADU plans now. It is very important for those that are affected to realize that the key to meeting this deadline depends heavily on everyone’s ability to plan and prepare early.
