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BIL 121 Draft 03 2022-2024
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BIL 121 Draft 03 2022-2024
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Last modified
9/3/2024 1:59:20 PM
Creation date
8/26/2024 4:39:24 PM
Metadata
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Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2022-2024
Bill/Resolution
121
Draft
03
Introducer
Heather Kimball, Council Member and Ashley Kierkiewicz, Council Member
Referred To
PCPLUD
Action 1
PCPLUD: Postponed to 9/3/2024 - 8/20/2024
Action 2
PCPLUD: Amended to Draft 4 - 9/3/2024
Document Relationships
AGE PCPLUD 2024/09/03 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
COM 0675.406 2022-2024
(Related)
Path:
\Council Records\Communications\2022-2024
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continue to apply to such use and take precedence over this division, except <br />insofar as section 25-4-16.17 is applicable to such use. <br />(c) Any property owner that claims an exception set forth in this section where there is <br />prima facie evidence to the contrary, shall be considered to be in violation of this <br />chapter and subject to the fines set forth in section 25-4.16.19. <br />Section 25-4-16.1 Owner -hosted transient accommodation rentals. <br />(a) Where permitted. When the transient accommodation rental is subordinate and clearly <br />or customarily incidental to its use as the principal home of the owner, a transient <br />accommodation rental may be registered at any time in any zoning district subject to <br />the following requirements: <br />(1) The transient accommodation rental shall be located in a single-family dwelling, <br />inclusive of a detached bedroom or guesthouse; <br />(2) The transient accommodation rental shall not be permitted in an additional farm <br />dwelling, additional dwelling unit, or ohana dwelling; and <br />(3) The owner shall live on the building site of the transient accommodation rental <br />(b) Nonconforming use. <br />(1) If the transient accommodation rental has been in regular use in an ohana <br />dwelling or additional dwelling unit on the same building; site, the owner shall <br />have the burden of proof in establishing that the ohana dwelling or additional <br />dwelling unit was in use as a transient accommodation rental on or before the <br />effective date of this ordinance, and mare register by obtaining; a nonconforming <br />use certificate pursuant to this section. <br />(2) Owner -hosted nonconforming use certificates may only be transferred upon a <br />change in ownership if the new owner intends to use the property as their <br />principal home. <br />(3) Nonconforming use certificates must be renewed annually in accordance with <br />section 25-4-16.1.4. <br />c Fees. <br />(1) Initial registration: $500. <br />(2) Annual registration renewal: $100. <br />(3) Nonconforming use certificate: $250. <br />(4) Annual nonconforming use certificate renewal: $250. <br />Section 25-4-16.2 Operator -hosted transient accommodation rentals. <br />(a) Where permitted. When the transient accommodation rental is subordinate and clearly <br />or customarily incidental to the use as the residence and permanent address of the <br />operator, a transient accommodation rental may be registered at any time subject to <br />the following. requirements in the following districts: <br />(1) V, CG, CN, CV, and CDH districts, including these districts situated within a <br />project district; <br />(2) Residential districts, situated in general plan resort and resort node areas <br />including areas designated as open in the general plan which adjoin the resort or <br />resort node areas along the shoreline and areas within a project district; and <br />
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