The proposed Loophole Bill is agenda item CC 20-246 , at the County Council meeting tomorrow.

This bill turns the use of the condo units in the apartment district into nonconforming uses that are subject to Maui County Code section 19.50.110 C that states:

C. Nonconforming uses.

1. A nonconforming use shall not extend to any part of the structure or lot that was not arranged or designed for such use at the time the use became nonconforming. 
2. Any nonconforming use that is discontinued for twelve consecutive months shall not be resumed.
3. Work may be done on any structure devoted in whole or in part to any nonconforming use if the work is limited to ordinary repairs, including repair or replacement of walls, fixtures, wiring, or plumbing. Further, the work shall not exceed 50 percent of the current replacement cost of the structure within a twelve-month period, and the floor area of the structure, as it existed at the time the nonconforming use was created, shall not be increased.
4. No nonconforming use shall be changed to another nonconforming use.

This would take away the right to short term rent any unit that stops operating for a year. Here is a list of condos the planning department says is not currently doing short term use. This bill changes short term use rights on the planning department's Short Term Occupancy list, also known as Maui's Minatoya list. This is a list of the condos that could be affected.

Another major issue with this proposed legislation is it is significantly different from the bill that was presented to the three planning commissions last fall . We feel that the planning department should not be misleading the council or the public, and that this bill should be sent back to the planning commission for review.

For more detailed information on the distinctions between the two bills and the planning departments bait and switch please see this letter from Jason Economou, the Government Affairs Director of the Realtors Association of Maui . 

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