COM 0739.139 2016-2018 - Laserfiche WebLink

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(d) Complaints and public information. The director shall: (A) Receive and track complaints regarding short-term vacation rentals; and (B) Provide information about rules, policies, and procedures pertaining to short-term vacation rentals torp operty owners, managers,neighbors, and the general public. The director shall adopt rules, in accordance with chapter 91, Hawaii Revised Statutes, for the purpose of implementing this subsection. Director duties in event of emergency. In the event of an emergency, natural or manmade, where multiple short- term vacation rentals are lost in M given district, the director will facilitate the replacement of such inventory in the district of origin, including accepting_ applications for new short-term vacation rentals, and proposing changes to Count zoning districts, or both, to allow growth in the industry." 2. SECTION 2 OF Bill No. 108, Draft 3, section 25-4- .1 titled "Short-term vacation rental nonconforming use certificate," is amended to read as follows: "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 rd