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rental has been in regular use in an ohana dwelling or additional dwelling unit (excluding <br />an additional farm dwelling unit) on the same building site, the owner shall have the <br />burden of proof in establishing that the ohana dwelling or additional dwelling unit <br />(excluding an additional farm dwelling unit) was in use as a transient accommodation <br />rental on or before January 1, 2024, and may register by obtaining a nonconforming use <br />certificate pursuant to this section. <br />Reason: In an effort to address the various types of dwellings that may be located on a <br />building site, the Director recommends adding "additional dwelling unit" which are <br />currently in use as a transient accommodation rental to be issued a nonconforming use <br />certificate so long as the structure can show that it has been in use as a TAR before <br />January 1, 2024. TARs are not permitted in additional farm dwelling units. <br />Recommendation #4 <br />Section 25-4-16.1(b) and Section 25-4-16.2(c) should identify existing bed and breakfast <br />establishments that may become nonconforming uses should Bill 122 be adopted. <br />Therefore, under the two sections listed above, the following should be added: "Any bed <br />and breakfast which received approval prior to [effective date of Bill 121] through <br />issuance of a use permit or special permit, is considered a legal use of the affected parcel <br />as a hosted transient accommodation rental and may continue to operate provided the <br />conditions of approval of the use permit or special permit have been met and the good <br />neighbor standards and advertising and signage standards in section 25-4-16.17 <br />(Transient accommodation rental operation standards) are met." <br />Reason: This provision will help the Planning Department to address existing bed and <br />breakfast establishments that have gotten prior approval to operate as a bed and breakfast. <br />Recommendation #5 <br />Remove Section 25-4-16.3(c)(3) and 25-4-16.4 as follows: [(3) Nonconforming Use <br />Certificate: $500] <br />Reason: The intent of this provision is confusing and as there will be no issuing of new <br />nonconforming use certificates for Un -hosted TARs then there is no need for a <br />nonconforming use certificate registration fee. <br />Recommendation #6 <br />Change Section 25-4-16.5(1) as follows: (1) The transient accommodation rental must <br />-19- <br />