COM 0739.002 2016-2018 - Laserfiche WebLink

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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. (c) i 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 Hawaii 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. Section 25-4- .1. Short-term vacation rental nonconforming use certificate. (a) The owner or operator of any short-term vacation rental which operated outside of a ' permitted zoning district prior to 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 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; transient accommodations tax filings; and federal and State of Hawai`i income tax returns. Other reliable information may also be provided. Based on the evidence submitted,the director shall determine whether to issue a short-term vacation rental nonconforming use certificate for the short-term vacation rental. (c) Agricultural Lands. A short-term rental nonconforming use certificate may be issued for lots located in the State land use agricultural district only if the building site was in existence prior to June 4, 1976. (d) Display. Current nonconforming use certificates shall be displayed in a conspicuous place on the premises that is readily visible to an inspector. In the event that a single address is associated with numerous nonconforming use certificates, a listing of all units at that address holding current certificates may be displayed in a conspicuous,readily visible common area instead. (e) Annual renewal. Nonconforming use certificates must be renewed every year on or before ' the expiration date indicated on the certificate. At the time of renewal, if it has been determined that the short-term rental use has been abandoned pursuant to section 25-4-62 or the applicant has violated provisions of this chapter or other pertinent zoning laws, including section 25-4-62,the director may deny approval of a renewal application and issue a cease and desist notice to the applicant. 6