COM 0675.160 2022-2024 - Laserfiche WebLink

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(5) The rental use is subject to a use permit or special permit duly issued prior to the effective date of this ordinance, which conditions contained therein shall continue to apply to such use and take precedence over this division, except insofar as section 25-4-16.17 is applicable to such use." 2. 25-4-16.1 is amended to read as follows: "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 dwelling, inclusive of a detached bedroom or guesthouse; (2) The transient accommodation rental shall not be permitted in an additional farm dwelling, [second dwelling,] additional dwelling unit,or ohana dwelling; and (3) 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. (1) If the transient accommodation rental has been in regular use in an ohana dwelling or additional dwelling unit on the same building site, the owner shall have the burden of proof in establishing that the ohana dwelling or additional dwelling unit was in use as a transient accommodation rental on or before [January 1, 2021,] the effective date of this ordinance,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." 3. Section 25-4-16.2, entitled"Operator-hosted transient accommodation rentals", is amended by amending subsections (b) and (c),to read as follows: "(b) Additional conditions. (1) The transient accommodation rental shall be located in a single-family dwelling, inclusive of a detached bedroom or guesthouse; 2