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nonprofit corporations or associations for religious, charitable, or educational purposes where no <br /> rental income is transacted." <br /> "Short-term vacation rental"means a residential dwelling of which the owner or <br /> operator does not reside on the building site, that has no more than five bedrooms on the building <br /> site for transient use, and is rented to transients for a period of thirty consecutive days or less. <br /> The term does not include: <br /> (1) Transient use of a dwelling unit that is the owner's primary residence under the <br /> Internal Revenue Code; <br /> (2) Hosted rentals, meaning transient use of a single room or sleeping area of a <br /> residential dwelling unit or guest house with the owner or operator residing on the <br /> building site; and <br /> (3) Bed and breakfasts, whether or not food is served, meaning transient use of more <br /> than one room or sleeping area of a residential dwelling unit or guest house with <br /> the owner or operator residing on the building site." <br /> SECTION 4. Chapter 25, article 2, division 3, section 25-2-30, of the Hawai`i County <br /> Code 1983 (2016 Edition, as amended), is amended to read as follows: <br /> "Section 25-2-30. Violations. <br /> Any approval or permit issued pursuant to the provisions of this chapter shall comply with <br /> all applicable requirements of this chapter. Failure to comply with any provision of this chapter, <br /> any rule adopted pursuant to this chapter, or with conditions imposed as part of any approval <br /> [er],.permit, [including variances] or variance from the provisions of this chapter, shall constitute <br /> a violation of this chapter." <br /> SECTION 5. Chapter 25, article 2, division 6, section 25-2-61, of the Hawai`i County <br /> Code 1983 (2016 Edition, as amended), is amended by amending subsection(a)to read as <br /> follows: <br /> "(a) The following uses shall be permitted within designated County zoning districts only if a <br /> use permit is obtained for the use from the commission: <br /> (1) Bed and breakfast establishments in RS, RA, FA, and A districts,provided that the <br /> property is within the state land use urban district. <br /> (2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD, RM, <br /> RCX, RA, FA, A and V districts. <br /> (3) Churches, temples and synagogues, including meeting facilities for churches, <br /> temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and A <br /> districts; provided that a minimum building site area of ten thousand square feet is <br /> required within the RS, RD, RM, and RA districts. <br /> 4 <br />