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.PD Background & Recommendation Report (PL-CCI-2024-000003) Bill 121
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2024-04-04 Windward
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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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• Neighborhood Commercial (CN) zoning district; <br /> • Village Commercial (CV) zoning district; <br /> • Downtown Hilo Commercial District(CDH) zoning district; <br /> • Residential districts, situated in general plan resort and resort node areas, <br /> including areas designated as open in the general plan which adjoin the <br /> resort or resort node areas along the shoreline and areas within a project <br /> district; and <br /> • RM (Multiple-Family Residential) zoning district, for multiple family <br /> dwellings within a condominium property regime as defined and governed <br /> by Chapter 514A or 514B, Hawaii Revised Statutes, including within a <br /> project district. <br /> Outside of these areas, new Operator-hosted TARs are not permitted but <br /> Operator-hosted TARs that existed prior to January 1, 2024, may continue to <br /> operate if the TAR is registered and the Planning Director issues a <br /> nonconforming use certificate. The owner shall have the burden of proof in <br /> establishing that the property was in regular use as an Operator-hosted TAR <br /> on or before January 1, 2024 and that the operator was residing on the <br /> property. <br /> 12. Proposed Section 25-4-16.3 Un-hosted transient accommodation rentals <br /> identifies that an Un-hosted TAR may be registered at any time in the same <br /> zoning districts as Operator-hosted TARs that are listed above. Un-hosted TARs <br /> within zoning districts that are not listed above, may only operate with an existing <br /> nonconforming use certificate. No new nonconforming use certificates will be <br /> issued for Un-hosted TARs. <br /> HOW ARE EXISTING TARs PERMITTED? <br /> 13. Upon adoption of this bill, owners of existing Owner-hosted TARs located within <br /> an existing `ohana dwelling and owners of existing Operator-hosted TARs located <br /> outside of a permitted zoning district, will be required to register and secure a <br /> nonconforming use certificate in order to continue to operate. <br /> 14. Owners of existing Owner-hosted TARs that are located within an `ohana <br /> dwelling and owners of existing Operator-hosted TARs located outside of a <br /> -5- <br />
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