BIL 108 Draft 03 2016-2018 - Laserfiche WebLink

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(b) Prior Use The applicant seeking a short-term vacation rental nonconforming use certificate shall have the burden of proof in establishing that the property was in use prior to July 20, 2018 Evidence of such use prior to July 20, 2018 may include tax documents for the relevant time period, including: State of Hawaii general excise tax filings; transient accommodations tax filings; and federal and State of Hawaii 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 vacation rental nonconforming use certificate may be issued for single-family dwellings on lots existing before June 4, 1976 located in the State land use agricultural district. (d) Display. Current short-term vacation rental 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 ma bedisplayed in a conspicuous, readily visible common area instead. (e) Good neighbor policy. The owner or reachable person shall be responsible to ensure that activities taking place within the short-term vacation rental conform to the character of the existing neighborhood in which the rental is located. At a minimum, the following shall be prominently displayed within the dwelling unit and recited in the rental agreement signed by the tenant: (1) Quiet hours shall be from 9:00 p.m. to 8:00 a.m., during which time the noise from the short-term vacation rental shall not unreasonably disturb adjacent neighbors. (2) Sound that is audible beyond the property boundaries during non -quiet hours shall not be more excessive than would be otherwise associated with a residential area. (3) Amplified sound that is audible beyond the property boundaries of the short- term vacation rental is prohibited. (4) Guest vehicles shall be parked in the designated onsite parking area. 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 the applicant shall pay a renewal fee of $500 to the director of finance. Renewal of a nonconforming use certificate shall be denied if the director finds that the short- term vacation rental use has been abandoned pursuant to section 25-4-62. Renewal may be denied if the director verifies any of the following: (1) The applicant has violated provisions of this section or other pertinent laws: (2) The owner owner is delinquent in payment of County taxes, fees, fines, or penalties assessed in relation to the short-term vacation rental; (3) The owner or reachable person has not been reachable; or