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Supplement 06
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ZONING § 25-4-15 <br />(g) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does <br />not conform to the standards in section 25-4-15(d), and which has not previously <br />received a special permit or use permit for such activity, may continue such use <br />until May 20, 2010, and, if an application for a special permit or a use permit has <br />been received and accepted by May 20, 2010, may continue such use until final <br />action has been taken on the application. After May 20, 2010, or denial of the <br />application, whichever occurs later, continued use shall be considered illegal under <br />this chapter. <br />(h) Any agricultural tourism activity that is currently operated under a special permit <br />may continue to operate under the terms and conditions of the special permit, or <br />apply to void the special permit and, if the permit is voided, operate under the <br />standards of section 25-4-15(d). <br />(i) An agricultural tourism activity that obtains plan approval, but becomes non- <br />compliant with the standards of section 25-4-15(d) because of an increase in the <br />number of visitors, shall apply for a special permit, but may continue to operate <br />until a final decision is made on the special permit application. <br />(j) An agricultural tourism activity which has received plan approval shall submit <br />financial records to the director on request to verify compliance and shall maintain <br />a count of visitors which shall be furnished to the director on request. <br />(k) The director may use observations of visitor arrivals, including bus traffic, in <br />estimating whether an agricultural tourism activity complies with section <br />25-4-15(d)(3), and may require that an activity allowed with plan approval apply for <br />a special permit based on such observations. In that case, the activity may <br />continue until a final decision is made on the special permit. <br />(2008, ord 08-155, sec 9; am 2009, ord 09-143, sec 2.) <br />Section 25-4-16. Short-term vacation rentals. <br />(a) Short-term vacation rentals; where permitted, specific prohibitions. <br />(1) Short-term vacation rentals shall be permitted in the: <br />(A) V, CG, and CV districts; <br />(B) Residential and commercial zoning districts, situated in the General <br />Plan Resort and Resort Node areas; and <br />(C) RM district, for multiple family dwellings within a condominium <br />property regime as defined and governed by chapters 514A or 514B, <br />Hawai`i Revised Statutes. <br />(2) Private covenants prohibiting use of any unit as a short-term vacation rental <br />shall not be invalidated by this chapter. <br />Registration of all short-term vacation rentals. <br />(1) Short-term vacation rentals in existence on or before April 1, 2019 shall <br />register with the director and pay a one-time fee of $500. The registration <br />form and associated fee shall be submitted to the planning department no <br />later than September 30, 2019. <br />(2) Any new short-term vacation rental established in a zoning district after <br />April 1, 2019, where such use is permissible pursuant to this <br />(h) <br />25-57 SUPP. 6 (7-2019) <br />
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