Maui Property Zoning
In the Maui Real Estate market, property zoning is incredibly important as such can have a direct impact on an owner's ability to use a property according to their objectives. View a quick fact sheet of property zoning in the County of Maui which details relevant information regarding requirements based on a property zoning status. For example, R-2 Residential properties must be on a lot at least 7,500 sq. ft. and can be up to three stories high (30 feet). Such progressive zoning have led to smart, well-projected growth on Maui, designed to keep the integrity of the island while allowing for well-managed development.
In addition, for those searching for condominiums that allow short-term rentals, it becomes critical to understand the aspects under which the subject condominium property allows vacation rentals. Many condos on Maui allow STR's based on the Minatoya Letter, which is legal opinion and it allows vacation rentals of condo units in Apartment-zoned properties despite the fact that the law itself (Maui County Code 19.12.010-C) clearly says that Apartment-zoned buildings can only be used for long-term (180 days or longer) residential use. Click the following to view the Minatoya Opinion and click on the following to view a Study of Short Term Rentals on Maui. Buyers of these type of property should be keenly aware and conduct due diligence accordingly.
For an in-depth review of applicable zoning, we highly encourage our site visitors and clients to view Title 19, Code of Ordinances which goes into detail. Of particular interest is Title 19.08 (Residential District), Title 19.12 (Apartment District), Title 19.30a (Agricultural District) and Title 19.14 (Hotel District). As always, due diligence is necessary in order to best serve and protect interest.
Furthermore, potential buyers will hear the term 'Special Management Area' in describing a property. The Office of Planning administers the SMA Permits program, which is to “provide for the effective management, benefcial use, protection, and development of the Coastal Zone.” The map below reflects the zones categorized as Special Management Area. Should you have any questions regarding a potential properties SMA status, don't hesitate to reach out.
The recent update to the Maui County Ordinance that relates to Ohana's ('Accessory Dwelling', Cottage, etc.) is very interesting and can have a very meaningful impact on what can be built on a property. Review the Maui County Ordinance 4936 (the Ohana Bill) for more details. NOT guaranteed to be latest version of what is applicable, please contact us to confirm.
For more information and/or to discuss in greater detail, contact us today.