COM 0739.139 2016-2018 - Laserfiche WebLink

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AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4, AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SHORT-TERM VACATION RENTALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and Purpose. The short-term rental of residential units, as an alternative to traditional resort and hotel accommodations, is an emerging trend in the visitor industry that continues to grow in popularity. The purpose of this ordinance is to manage the impacts of these short-term vacation rentals by: 1) defining where this use will be allowed; 2) establishing provisions and standards to regulate this use; and 3) providing an avenue for an existing use deemed to be improper by this ordinance, to apply for a nonconforming use certificate that would allow them to continue to operate in a non -permitted district. SECTION 2. Chapter 25, article 4, division 1, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by adding the following new sections to be appropriately designated and to read as follows: "Section 25-4- Short-term vacation rentals. (a) Short-term vacation rentals; where permitted, specific prohibitions. (1) Short-term vacation rentals shall be permitted in the: (A) V, CG, and CDH districts; (B) CV district, provided that a use permit is obtained for each use; and (C) General Plan Resort areas and Resort Node, except that RS districts in the General Plan Resort areas and Resort Node shall require a use permit. (2) Private covenants prohibiting use of any unit as a short-term vacation rental shall not be invalidated by this chapter. (3) Affordable and workers' housing units, constructed with Federal, State or County funds and developed for those purposes, are prohibited from use as short-term vacation rentals. (b) Registration of all short-term vacation rentals. (1) Short-term vacation rentals in existence on or before the effective date T^ of this ordinance: A) Shall reLister with the Dlannina department, and pav a one-time fee of $250 for accommodations with one bedroom or less, and $500 for accommodations with more than one bedroom, to the director of finance, if they exist within the followingzoning districts: (i) The V, CG, and CDH; or (ii) The general plan resort areas and resort node, in any district other than RS.