BIL 108 Draft 06 2016-2018
BIL 108 Draft 06 2016-2018
12/6/2018 3:25:15 PM
11/8/2018 3:43:04 PM
Bill/Resolution - Type
Bill/Resolution - Council Term
Karen Eoff, Council Member and Dru Mamo Kanuha, Council Member
Council: Bill 108, Draft 6, passes first reading; adopts PC-74 - 11/02/18
Council: Bill 108, Draft 6, amended to Draft 7 - 11/20/18
6-Chung, David, Eoff, Kanuha, O'Hara, Poindexter
3-Lee Loy, Richards, Ruggles
AGE COUNCIL 2018/11/20 2016-2018
COM 0739.386 2016-2018
ORD 2018-114 2016-2018
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COUNTY OF HAWAI`I •_�` • STATE OF HAWAI`I <br /> .. 4T f OF.N''_. <br /> BILL NO. 108 <br /> (DRAFT 6) <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 1,ARTICLE 2,ARTICLE 4, <br /> AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS <br /> AMENDED), RELATING TO SHORT-TERM VACATION RENTALS. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Findings and Purpose. The short-term rental of residential units, as an <br /> alternative to traditional resort and hotel accommodations, is an emerging trend in the visitor <br /> industry that continues to grow in popularity. <br /> The purpose of this ordinance is to manage the impacts of these short-term vacation rentals <br /> by: 1) defining where this use will be allowed; 2) establishing provisions and standards to <br /> regulate this use; and 3)providing an avenue for an existing use deemed to be improper by this <br /> ordinance,to apply for a nonconforming use certificate that would allow them to continue to <br /> operate in a non-permitted district. <br /> SECTION 2. Chapter 25, article 4, division 1, of the Hawai`i County Code 1983 (2016 <br /> Edition, as amended), is amended by adding the following new sections to be appropriately <br /> designated and to read as follows: <br /> "Section 25-4- . Short-term vacation rentals. <br /> (a) Short-term vacation rentals; where permitted, specific prohibitions. <br /> (1) Short-term vacation rentals shall be permitted in the: <br /> (A) V, CG, and CV districts; <br /> (B) Residential and commercial zoning districts, situated in the General <br /> Plan Resort and Resort Node areas; and <br /> (C) RM district, for multiple family dwellings within a condominium property <br /> regime as defined and governed by chapters 514A or 514B, Hawai`i <br /> Revised Statutes. <br /> (2) Private covenants prohibiting use of any unit as a short-term vacation rental <br /> shall not be invalidated by this chapter. <br /> (3) Special permits in the state land use agricultural district shall not be issued <br /> to permit short-term vacation rentals in farm dwellings, pursuant to <br /> paragraph 205-4.5(a)(4), Hawai`i Revised Statutes. <br /> (b) Registration of all short-term vacation rentals. <br /> (1) Short-term vacation rentals in existence on or before the effective date of <br /> this ordinance shall register with the director and pay a one-time fee of <br />
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