COM 0739.002 2016-2018 - Laserfiche WebLink

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(B) The general plan resort areas and resort node, in any district other than R,S. (2) Any new short-term vacation rental established in a zoning district after the effective date of this ordinance,where such use is permissible pursuant to this section, shall register with the director prior to use of such rental. (3) The registration form, at a minimum, shall require verification that State of Hawaii general excise tax and transient accommodations tax licenses are in effect, and certification that the requisite amount of parking pursuant to section 25-4-51, is available. (4) Upon change in ownership,the registration shall automatically continue, subject to termination by the new owner. (5) Any short-term vacation rental operating outside a permitted zoning district shall be registered only with a nonconforming use certificate obtained pursuant to section 25-4-_.1 (6) Any short-term vacation rental that has not lawfully registered within the deadlines set forth in this section, whether in a permitted district or nonconforming, shall be considered an unpermitted use and subject to the penalties set forth in this chapter until such time proper registration and compliance with applicable requirements of this section is obtained. [(4)](c)A short-term vacation rental shall be subject to the following standards: (1) The owner, operator, or designated contact person shall reside in the County of Hawai`i and shall be available on a twenty-four hour, seven days-per-week basis. The owner or operator shall notify the planning department of any changes to their registration information forthwith. (2) All print and internet advertising short-term vacation rentals, including listings with a rental service or real estate firm, shall include the registration or nonconforming use certificate number. (3) A copy of the registration or nonconforming use certificate, as well as the designated contact person's name and phone number, shall be displayed in the back of the front door of the sleeping quarters. (4) Off-street parking shall meet the requirements set forth in section 25-4- 51(a)(8) and applicable parking standards in this chapter." 2. SECTION 2 of Bill No. 108, section 25-4- .1 is amended by amending subsections (a), (b), and(c)to read as follows: "(a) The owner or operator of any short-term vacation rental which operated outside of a permitted zoning district prior to [January 20, 2018] July 20, 2018 shall obtain a nonconforming use certificate issued by the director no later than one hundred eighty days after the effective date of this ordinance. (b) Good standing. The applicant seeking a short-term rental nonconforming use certificate shall have the burden of proof in establishing that the property was in use and in good standing prior to [January 20, 2018.] July 20,2018. Evidence of prior use that shall be provided to the director may include tax documents for the relevant time period, including: State of Hawai`i general excise tax filings; 2