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

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