BIL 108 Draft 01 2016-2018
BIL 108 Draft 01 2016-2018
1/7/2019 4:08:03 PM
4/23/2018 4:48:49 PM
Bill/Resolution - Type
Bill/Resolution - Council Term
Karen Eoff, Council Vice Chair & Dru Mamo Kanuha, Council Member
Recessed to May 8, 2018 - 04/24/2018
PC-Amended to Draft 2 - 05/08/2018
AGE PC 2018/04/24 (2016-2018)
\Council Records\Agendas\2016-2018\Planning Committee (PC)
COM 0739.000 2016-2018
NTC PC 2018/05/08 (2016-2018) Reconvened
\Council Records\Notices\2016-2018\Planning Committee (PC)
ORD 2018-114 2016-2018
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(3) The registration form, at a minimum, shall require verification that State of Hawai'i <br /> general excise tax and transient accommodations tax licenses are in effect, and <br /> certification that the requisite amount of parking pursuant to section 25-4-51, is <br /> available. <br /> (4) Upon change in ownership, the registration shall automatically continue, subject to <br /> termination by the new owner. <br /> (5) Any short-term vacation rental operating outside a permitted zoning district shall be <br /> registered only with a nonconforming use certificate obtained pursuant to section 25- <br /> 4- .1 <br /> (6) Any short-term vacation rental that has not lawfully registered within the deadlines <br /> set forth in this section, whether in a permitted district or nonconforming, shall be <br /> considered an unpermitted use and subject to the penalties set forth in this chapter <br /> until such time proper registration and compliance with applicable requirements of <br /> this section is obtained. <br /> (d) A short-term vacation rental shall be subject to the following standards: <br /> (1) The owner, operator, or designated contact person shall be available on a twenty-four <br /> hour, seven days-per-week basis. The owner or operator shall notify the planning <br /> department of any changes to their registration information forthwith. <br /> (2) All print and internet advertising short-term vacation rentals, including listings with a <br /> rental service or real estate firm, shall include the registration or nonconforming use <br /> certificate number. <br /> (3) A copy of the registration or nonconforming use certificate, as well as the designated <br /> contact person's name and phone number, shall be displayed in the back of the front <br /> door of the sleeping quarters. <br /> (4) Off-street parkingshall meet the requirements set forth in section 25-4-51(a)(8) and <br /> q <br /> applicable parking standards in this chapter. <br /> Section 25-4- .1. Short-term vacation rental nonconforming use certificate. <br /> (a) The owner or operator of any short-term vacation rental which operated outside of a <br /> permitted zoning district prior to January 20, 2018 shall obtain a nonconforming use <br /> certificate issued by the director no later than one hundred eighty days after the effective <br /> date of this ordinance. <br /> (b) Good standing. The applicant seeking a short-term rental nonconforming use certificate <br /> shall have the burden of proof in establishing that the property was in use and in good <br /> standing prior to January 20, 2018. Evidence of prior use that shall be provided to the <br /> director may include tax documents for the relevant time period, including: State of <br /> Hawai`i general excise tax filings; transient accommodations tax filings; and federal and <br /> State of Hawai`i income tax returns. Other reliable information may also be provided. <br /> Based on the evidence submitted, the director shall determine whether to issue a short-term <br /> vacation rental nonconforming use certificate for the short-term vacation rental. <br /> (c) Special permit. If located in the State land use agricultural or rural district, in addition the <br /> applicant shall provide evidence that: the building site existed prior to June 4, 1976, <br /> allowing the first dwelling unit to be a single-family dwelling; or that a special permit <br /> under section 205-6, Hawai`i Revised Statutes,was obtained within six months of the <br /> effective date of this ordinance. If the special permit has been denied or not timely <br /> 2 <br />
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