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.PD Background & Recommendation Report (PL-CCI-2024-000003) Bill 121
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#5 County Council Initiated Bill 121 TAR & Hosting Platforms (PL-CCI-2024-000003)
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.PD Background & Recommendation Report (PL-CCI-2024-000003) Bill 121
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PD Background and Recommendation Report Bill 121 Relating to Transient Accomodation Rentals (TAR) and Hosting Platforms
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PROPOSED AMENDMENTS TO HCC CHAPTER 25 (ZONING) <br /> 8. In addition to the definitions above, Bill No. 121 seeks to amend HCC Chapter 25 <br /> by repealing all sections of the zoning code that reference STVR's in its entirety <br /> in order to effectively regulate transient accommodation rentals. <br /> 9. Bill 121 requires that the three (3)types of TARs register with the Planning <br /> Department. There are exceptions to the types of TARs that do not need to be <br /> registered and those exceptions include: 1)the rental is not being provided to a <br /> transient or a transients as defined by this chapter; 2)there is an emergency <br /> declaration enabling temporary shelter for displaced persons; 3)the dwelling is <br /> the principal home of the host is provided as a home exchange and no financial <br /> exchange occurs; 4)the dwelling is being provided to a tenant under a month-to- <br /> month lease subject to chapter 521, Hawaii residential landlord-tenant code. <br /> WHERE ARE TARs PERMITTED? <br /> 10. Proposed Section 25-4-16.1 Owner-hosted transient accommodation rentals <br /> describes that an Owner-hosted TAR may be permitted in any zoning district as <br /> long as the TAR is subordinate and clearly or customarily incidental to its use as <br /> the principal home of the owner. The TAR shall be located in the single-family <br /> dwelling, inclusive of a detached bedroom or guesthouse and shall not be <br /> permitted in an additional farm dwelling, second dwelling, or ohana dwelling. <br /> Additionally, the owner of an Owner-hosted TAR shall live in the single-family <br /> dwelling and not live in a guesthouse or detached bedroom of a single-family <br /> dwelling. If an Owner-hosted TAR has been in regular use as an `ohana dwelling <br /> on or before January 1, 2024, the owner shall have the burden of proof that the <br /> `ohana dwelling was in use as a TAR and may register the `ohana dwelling as a <br /> nonconforming use by securing a nonconforming use certificate from the <br /> Planning Director. <br /> 11. Proposed Section 25-4-16.2 Operator-hosted transient accommodation rentals <br /> describes that an Operator-hosted TAR can operate as a permitted use in the <br /> following zoning districts: <br /> • Resort-Hotel (V) zoning district; <br /> • General Commercial (CG) zoning district; <br /> -4- <br />
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