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From: Claudia Rohr <br /> To: WPCtestimonv <br /> Subject: Testimony in Opposition to Bill 121 for an Ordinance amending the Zoning Code <br /> Date: Tuesday,April 2,2024 11:06:10 AM <br /> Attachments: Order Granting MSJ Alliance of Short Term Vacation Rentals.odf <br /> Aloha Chair and Planning Commissioners- <br /> oppose Bill 121, for an ordinance amending the Zoning Code not only on the merits <br /> but because it is preempted by HRS § 46-4(a): <br /> Neither this section nor any ordinance enacted pursuant to this section shall <br /> prohibit the continued lawful use of any building or premises for any trade, <br /> industrial, residential, agricultural, or other purpose for which the building or <br /> premises is used at the time this section or the ordinance takes effect; provided <br /> that a zoning ordinance may provide for elimination of nonconforming uses as the <br /> uses are discontinued, or for the amortization or phasing out of nonconforming <br /> uses or signs over a reasonable period of time in commercial, industrial, resort, <br /> and apartment zoned areas only.In no event shall such amortization or phasing <br /> out of nonconforming uses apply to any existing building or premises used for <br /> residential(single-family or duplex) or agricultural uses. <br /> This Bill will bring on an onslaught of lawsuits. See attached 2023 Order in HAWAII <br /> LEGAL SHORT-TERHRENTAL ALLIANCE v. Cty and County of Honolulu. US District <br /> Court of Hawaii, Case No. 22-cv-00247-DKW-RT <br /> The time is not ripe to sunset existing, registered non hosted TARs in residential and <br /> agricultural districts. Bill 121 must be amended to allow for continued yearly registration for <br /> existing, registered non hosted TARs. <br /> Moreover, Bill 121 has a disparate impact on underserved communities without hotels and <br /> unfairly concentrates the benefits of the tourist economy in communities (and council districts) <br /> with the greatest number of hotels. This Bill treats all communities the same but with <br /> disparate impact. <br /> Please pass Bill 121 forward with an unfavorable recommendation. Bill 121 is not a good <br /> starting point for discussion. <br /> Thank you for your time and service. <br /> Claudia Rohr, 21-year owner/operator of At the Beach with Friends Bed and Breakfast <br /> 369 Nene St., Hilo, Hawaii <br />