.PD Background & Recommendation Report (PL-CCI-2024-000003) Bill 121

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permitted zoning district must provide the following evidence to be granted a nonconforming use certificate: • Owner-hosted TAR. For an Owner-hosted TAR, if the TAR has been in regular use within an `ohana dwelling on the same building site as the owner, the owner shall have the burden of proof in establishing that the `ohana dwelling was in use as a TAR on or before January 1, 2024. • Operator-hosted TAR. For an Operator-hosted TAR, the owner shall have the burden of proof in establishing that the property was in regular use as a TAR on or before January 1, 2024, and that the operator was residing on the property. • Un-hosted TAR. For Un-hosted TARS, no additional nonconforming use certificates can be issued. 15. The owner must provide evidence to prove that the TAR was in operation prior to the effective date listed in the ordinance. TARS located outside of a permitted zoning district will have until January 30, 2025 to submit a registration application to the Planning Department. The existing nonconforming Owner- hosted and Operator-hosted TARs will be able to operate until their application is either approved or denied by the Department. 16. Existing registered Un-hosted TARs will not be required to re-register, however they will be required to renew their registration annually. 17. The bill specifically states that the following filing fees will be required: • Owner-hosted TARs will require an initial registration fee of$500 and an annual registration renewal fee of$100. In addition to these fees, the filing fee to secure a nonconforming use certificate (NUC) is $250 and the annual renewal fee for the NUC is $250. • Operator-hosted TARs will require an initial registration fee of$750 and an annual registration renewal fee of$150. In addition to these fees, the filing fee to secure a nonconforming use certificate (NUC) is $375 and the annual renewal fee for the NUC is $375. • Un-hosted TARs will require an initial registration fee of$1,000 and an annual registration renewal fee of$250. In addition to these fees, the filing -6-