BIL 108 Draft 06 2016-2018 - Laserfiche WebLink

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Section 25-4- .1. Short-term vacation rental nonconforming use certificate. (a) Nonconforming use certificate. In addition to registering pursuant to 25-4- (b)(1),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 obtain a short-term vacation rental nonconforming use certificate in order to continue to operate. This certificate must be renewed annually. Applications for nonconforming use certificates must be submitted to the director no later than one hundred eighty days after the effective date of this ordinance. (b) Evidence of prior use. (1) 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 and that the dwelling has been issued final approvals by the building division for building, electrical, and plumbing permits. Evidence of such use prior to the effective date of this ordinance may include tax documents for the relevant time period or other reliable information. (c) Issuance of initial nonconforming use certificate. (1) The director shall determine whether to issue a short-term vacation rental nonconforming use certificate for a short-term vacation rental based on the evidence submitted and other pertinent information. (2) Issuance of an initial nonconforming use certificate may be denied if the director verifies any of the following: (A) The applicant has violated pertinent laws, such as not securing and finalizing necessary building permits for the dwelling; (B) The owner is delinquent in payment of State of Hawai`i general excise tax, transient accommodations tax, or County property taxes,fees, fines, or penalties assessed in relation to the short-term vacation rental; or (C) Evidence of non-responsive management,such as issuance of a notice of violation, police reports, or verified neighbor complaints of noise or other disturbances relating to the short-term rental operations. (d) Annual renewal. (1) Nonconforming use certificates must be renewed every year on or before the expiration date indicated on the certificate. (2) At the time of renewal the applicant shall pay a renewal fee of$250 to the director of finance. (3) 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. (4) Renewal of a nonconforming use certificate may be denied if the director verifies any of the following: (A) Any of the criteria for denial in section 25-4- .1.(c)(2); (B) The owner or reachable person has not been reachable; or 4