Title
BILL 9 (2025), AMENDING CHAPTERS 19.12, 19.32, AND 19.37, MAUI COUNTY CODE, RELATING TO TRANSIENT VACATION RENTALS IN APARTMENT DISTRICTS (HLU-4)
Description
The Committee is in receipt of the following:
1. Bill 9 (2025), entitled “A BILL FOR AN ORDINANCE AMENDING CHAPTERS 19.12, 19.32, AND 19.37 MAUI COUNTY CODE, RELATING TO TRANSIENT VACATION RENTALS IN APARTMENT DISTRICTS.” Bill 9’s purpose is to revert all Apartment District properties to long-term residential use, remove the exception allowing Transient Vacation Rental use in Apartment District structures built or approved before 1989, and fully discontinue Transient Vacation Rental use in Apartment Districts. If enacted, Bill 9 would take effect on July 1, 2025, for the West Maui Community Plan area and on January 1, 2026, for all remaining areas in the County. The Council received Bill 9, approved as to form and legality by the Department of the Corporation Counsel, on December 20, 2024.
2. Correspondence dated November 22, 2024, from the Planning Director, transmitting the Department of Planning’s report and recommendations from the Maui, Molokai, and Lānaʻi planning commissions and related documents.
3. Correspondence dated May 30, 2025, from the Mayor, transmitting a proposed CD1 version of Bill 9 (2025). This proposed CD1 version:
a. Phases out Transient Vacation Rental uses in the Apartment Districts by July 1, 2028;
b. Amends Subsection 19.500.110(A), Maui County Code, to except amortized or phased out nonconformities from continuing under Section 19.500.110, Maui County Code; and
c. Incorporates technical and nonsubstantive revisions.
4. An Amendment Summary Form, dated June 3, 2025, from the Committee Chair, with a proposed CD1 version of Bill 9 (2025), entitled “A BILL FOR AN ORDINANCE AMENDING CHAPTERS 19.12, 19.32, AND 19.37, MAUI COUNTY CODE, RELATING TO TRANSIENT VACATION RENTALS IN APARTMENT DISTRICTS, INCLUDING TRANSIENT VACATION RENTALS ALLOWED TO CONTINUE UNDER ORDINANCE 1797 (1989).” This proposed CD1 version:
a. Amends Section 19.12.070, Maui County Code, to codify the phasing out of Transient Vacation Rental uses in the Apartment Districts by July 1, 2030;
b. Clarifies that validly existing time share units or time share plans are exempt from being phased out;
c. Requires the Director of Finance, with the assistance of the Planning Director, to provide notice to the appropriate real property owners of the uses being phased out and other relevant information; and
d. Incorporates technical and nonsubstantive revisions.
Status
The Committee may receive a presentation on Bill 9 (2025) from the Mayor or the Mayor’s representative. The Committee may consider whether to recommend passage of Bill 9 (2025), with or without revisions. The Committee may also consider the filing of Bill 9 and other related action.