BIL 121 Draft 01 2022-2024 - Laserfiche WebLink

Home

procedure or forwarded to the department and verified as a zoning code violation by the director." SECTION 3. Chapter 25, article 4, sections 25-4-16, 25-4-16.1, 25-4-16.2, and 25-4-16.3, of the Hawaii County Code 1983 (2016 Edition, as amended), are repealed. SECTION 4. Chapter 25, article 4, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding the following new division to read as follows: "Division 1.1. Use Regulations—Transient Accommodation Rentals. Section 25-4-16. Transient accommodation rental registration required; exceptions. (a) The County of Hawai`i recognizes three types of transient accommodation rentals: owner-hosted, operator-hosted, and un-hosted. All three types of transient accommodation rentals must be registered with the planning department as permitted in sections 25-4-16.1, 25-4-16.2 and 25-4-16.3, except as provided in subsection (b). (b) Registration as a transient accommodation rental shall not be required if: (1) The rental is not being provided to a transient or transients as defined by this chapter; c2) There is an emergency declaration enabling temporary shelter for displaced persons; (3) The dwelling is the principal home of the host and is provided as a home exchange and no financial exchange occurs; or (4) The dwelling is being provided to a tenant under a month-to-month lease subject to chapter 521, Hawai`i Revised Statutes, the Hawai`i residential landlord-tenant code. (c) Any property owner that claims an exception set forth in this section where there is prima facie evidence to the contrary, shall be considered to be in violation of this chapter and subject to the fines set forth in section 25-4.16.19. Section 25-4-16.1 Owner-hosted transient accommodation rentals. (a) Where permitted. When the transient accommodation rental is subordinate and clearly or customarily incidental to its use as the principal home of the owner, a transient accommodation rental may be registered at any time in any zoning district subject to the following requirements: (1) The transient accommodation rental shall be located in a single-family dwellings inclusive of a detached bedroom or guesthouse; (2) The transient accommodation rental shall not be permitted in an additional farm dwelling, second dwelling, or ohana dwelling; and c3) The owner shall live in a single-family dwelling on the building site of the home and not live in a guesthouse or a detached bedroom of a single-family dwelling. (b) Nonconforming use. cl) If the transient accommodation rental has been in regular use in an ohana dwelling on the same building site, the owner shall have the burden of proof in establishing that the ohana dwelling was in use as a transient accommodation 3