COM 0739.002 2016-2018 - Laserfiche WebLink

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AN ORDINANCE AMENDING CHAPTER 25,ARTICLE 1,ARTICLE 2,ARTICLE 4, AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO SHORT-TERM VACATION RENTALS. BE;IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and Purpose. The short-term rental of residential units, as an alternative to traditional resort and hotel accommodations, is an emerging trend in the visitor industry that continues to grow in popularity. The purpose of this ordinance is to manage the impacts of these short-term vacation rentals by: 1) defining where this use will be allowed; 2) establishing provisions and standards to regulate this use; and 3) providing an avenue for an existing use deemed to be improper by this ordinance, to apply for a nonconforming use certificate that would allow them to continue to operate in a non-permitted district. SECTION 2. Chapter 25, article 4, division 1, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by adding the following new sections to be appropriately designated and to read as follows: "Section 25-4- . Short-term vacation rentals. (a) Short-term vacation rentals shall be permitted in the: (1) V, CG, and CDH districts, (2) CV district, provided that a use permit is obtained for each use; and (3) General Plan Resort areas and Resort Node, except that RS districts in the General Plan Resort areas and Resort Node shall require a use permit. (b) Registration of all short-term vacation rentals. (1) Short-term vacation rentals in existence on or before the effective date of this ordinance, shall register with the planning department on a form prescribed by the director no later than one hundred eighty days after the effective date of this ordinance, if they exist within the following zoning districts: (A) The V, CG, and CDH; or (B) The general plan resort areas and resort node, in any district other than RS. (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 Hawai'i 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 5