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rental has been in regular use in an ohana dwelling or additional dwelling unit(excluding <br /> an additional farm dwelling unit) on the same building site, the owner shall have the <br /> burden of proof in establishing that the ohana dwelling or additional dwelling unit <br /> (excluding an additional farm dwelling unit)unit)was in use as a transient accommodation <br /> rental on or before January 1, 2024, and may register by obtaining a nonconforming use <br /> certificate pursuant to this section. <br /> Reason: In an effort to address the various types of dwellings that may be located on a <br /> building site, the Director recommends adding "additional dwelling unit"which are <br /> currently in use as a transient accommodation rental to be issued a nonconforming use <br /> certificate so long as the structure can show that it has been in use as a TAR before <br /> January 1, 2024. TARs are not permitted in additional farm dwelling units. <br /> Recommendation #4 <br /> Section 25-4-161(b) and Section 25-4-16.2(c) should identify existing bed and breakfast <br /> establishments that may become nonconforming uses should Bill 122 be adopted. <br /> Therefore, under the two sections listed above, the following should be added: "Any bed <br /> and breakfast which received approval prior to [effective date of Bill 1211 through <br /> issuance of a use permit or special permit, is considered a legal use of the affected parcel <br /> as a hosted transient accommodation rental and may continue to operate provided the <br /> conditions of approval of the use permit or special permit have been met and the _good <br /> neighbor standards and advertising and nd signage standards in section 25-4-16.17 <br /> (Transient accommodation rental operation standards) are met." <br /> Reason: This provision will help the Planning Department to address existing bed and <br /> breakfast establishments that have gotten prior approval to operate as a bed and breakfast. <br /> Recommendation #5 <br /> Remove Section 25-4-16.3(c)(3) and 25-4-16.4 as follows: [(3) ofeofi fo f ifigg Use <br /> GeAifieate: 500] <br /> Reason: The intent of this provision is confusing and as there will be no issuing of new <br /> nonconforming use certificates for Un-hosted TARs then there is no need for a <br /> nonconforming use certificate registration fee. <br /> Recommendation #6 <br /> Change Section 25-4-16.5(1) as follows: (1) The transient accommodation rental must <br /> -19- <br />