BIL 108 Draft 04 2016-2018 - Laserfiche WebLink

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the effect of such loss upon the affected district and if deemed necessary, initiate legislative and administrative opportunities to restore such loss in short term vacation rental capacity within the district of origin. 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 the effective date of this ordinance 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 the effective date of this ordinance. Evidence of such use prior to the effective date of this ordinance may include tax documents for the relevant time period, including: State of Hawai`i general excise tax filings; transient accommodations tax filings; and federal and State of Hawai`i 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 year on or before the expiration date indicated on the certificate. At the time of renewal the applicant shall pay a renewal fee of$250 to the director of finance. (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_ 4