BIL 121 Draft 01 2022-2024 - Laserfiche WebLink

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rental on or before January 1, 2024, and may register by obtaining a nonconforming use certificate pursuant to this section. (2) Owner-hosted nonconforming use certificates may only be transferred upon a change in ownership if the new owner intends to use the property as their principal home. (3) Nonconforming use certificates must be renewed annually in accordance with section 25-4-16.14. (c) Fees. (1) Initial registration: $500. (2) Annual registration renewal: $100. (3) Nonconforming use certificate: $250. .(4) Annual nonconforming use certificate renewal: $250. Section 25-4-16.2 Operator-hosted transient accommodation rentals. (a) Where permitted. When the transient accommodation rental is subordinate and clearly or customarily incidental to the use as the residence and permanent address of the operator, a transient accommodation rental may be registered at any time subject to the following requirements in the following districts: (1) V, CG, CN, CV, and CDH districts, including these districts situated within a project district; (2) Residential districts, situated in general plan resort and resort node areas, including areas designated as open in the general plan which adjoin the resort or resort node areas along the shoreline and areas within a project district; and (3) RM district, for multiple family dwellings within a condominium property regime as defined and governed by chapters 514A or 514B, Hawai`i Revised Statutes, including within a project district. (b) Additional conditions. (1) The transient accommodation rental shall be located in a single-family dwelling, 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 (3) The operator shall live in a single-family dwelling unit on the building site of the home and shall not live in a guesthouse or a detached bedroom of a single- family dwelling. (c) Nonconforming use. (1) In districts other than those specified in (a), the owner shall have the burden of proof in establishing that the property was in regular use as a transient accommodation rental on or before January 1, 2024, and that an operator was residing on the property. The owner may register by obtaining a nonconforming use certificate pursuant to this section. (2) Operator-hosted nonconforming use certificates granted may only be transferred upon change in ownership if the new owner provides evidence of an operator in the form of a lease or contract with an operator or the new owner intends to use the property as their principal home. (3) Nonconforming use certificates must be renewed annually in accordance with section 25-4-16.14. 4