COM 0739.139 2016-2018 - Laserfiche WebLink

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Section 25-4- .1. Short-term vacation rental nonconforming use certificate. (a) The owner of any short-term vacation rental which operated outside of a permitted zoning district prior to July 20, 2018 shall submit an application for a nonconforming use certificate to the director no later than one hundred eighty days after the effective date of this ordinance. (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 may be displayed in a conspicuous, readily visible common area instead. (e) Annual renewal. Nonconforming use certificates must be renewed every ye on or before the expiration date indicated on the certificate. At the time of renewal the applicant shall pay a renewal fee to the director of finance based on the amount of transient accommodations taxes paid in the previous fiscal year as follows: (1) Less than $500 $50 (2) $500 to $2,000 $100 (3) $2,001 to $5,000 $350 (4) $5,001 to $10,000 $700 (5) More than $10,000 $1,000 (f) Denial. (1) 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. (2) Renewal may be denied if the director verifies any of the following_ (A) The applicant has violated provisions of this section or other pertinent laws: 11