BIL 121 Draft 03 2022-2024 - Laserfiche WebLink

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(3) RM district, for multiple family dwellings within a condominium property regime as defined and governed by chapters 514A or 51413, Hawaii 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, additional dwelling unit, or ohana dwelling; and (3) The operator shall live on the building site of the transient accommodation rental. (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 the effective date of this ordinance 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. d Fees. (1) Initial registration: $750. (2) Annual registration renewal: $150. (3) Nonconforming use certificate: $375. (4) Annual nonconforming use certificate renewal: $375. Section 25-4-16.3. Un-hosted transient accommodation rentals. (a) Where permitted. Un-hosted transient accommodation rentals may be registered at any time 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 51413, Hawaii Revised Statutes, including within a project district. (b) Nonconforming use. (1) h1 districts other than those specified in subsection (a), un-hosted transient accommodation rentals matey operate with a nonconforming use certificate. Unless having obtained a nonconforming use certificate prior to the effective date of this ordinance, the owner may register by obtaining a nonforming use certificate subject to paragraph (2). (2) The owner shall have the burden of proof in establishing: