COM 0739.308 2016-2018 - Laserfiche WebLink

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and instructions of how to submit complaints to the Department about rental operations. 9. The bill requires that owners of STVR's notify the Director of ownership changes • or when a STVR establishment ceases to operate for any reason,but these provisions are under the"Registration of all short-term vacation rentals" section, so it is not clear if they apply to STVR's permitted via a nonconforming use certificate. 10. Any STVR that is not registered within the required deadlines is considered unpermitted and subject to penalties, until the STVR becomes properly registered and compliant with the requirements of the bill. NONCONFORMING USE CERTIFICATE PROCESS 11. Owners of existing STVR's located outside of a permitted zoning district must submit an application for a nonconforming use certificate to the Director within 180 days of the effective date of the ordinance, should this bill become law. The owner must provide evidence to prove that the STVR was in operation prior to the effective date of the ordinance. Evidence can include tax documents such as State of Hawai`i general excise tax filings, transient accommodations tax filings, and federal and state income tax returns. Based on the evidence submitted,the Director shall determine whether to issue a nonconforming use certificate. Current nonconforming use certificates must be displayed on the premises so that it is clearly visible to an inspector. 12. The bill indicates that a nonconforming use certificate may be issued for STVR's on land in the state land use Agricultural District,provided the lot existed before June 4, 1976.The reason for this date is that all dwellings on lots created after June 4, 1976 are considered by State law to be 'farm dwellings', which are to be used to house farm workers rather than vacationers. 13. Nonconforming use certificates must be renewed annually on or before the expiration date indicated on the certificate. A$250 filing fee is required with the renewal request. Renewal of the certificate may be denied by the Director for the following reasons: 1)the applicant has violated provisions of the bill or other pertinent laws, 2) the owner is delinquent in payment of County taxes, fees, fines, 74-