2025-10-22 Appellants Exhibit 11-12_STVR Application, Act 17

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ACT 17 Any civil fine or penalty provided by ordinance under this section may be imposed by the district court, or by the zoning agency after an opportunity for a hearing pursuant to chapter 91. The proceeding shall not be a prerequisite for any injunctive relief ordered by the circuit court. Nothing in this section shall invalidate any zoning ordinance or regu- lation adopted by any county or other agency of government pursuant to the statutes in effect [prior to] before July 1, 1957. The powers granted [herein] in this section shall be liberally construed in favor of the county exercising them, and in [s-ueh] a manner [as to promote] that promotes the orderly development of each county or city and county in ac- cordance with a long-range, comprehensive general plan to ensure the greatest benefit for the State as a whole. This section shall not be construed to limit or repeal any powers of any county to achieve these ends through zoning and build- ing regulations, except insofar as forest and water reserve zones are concerned and as provided in subsections (c) and (d). Neither this section nor any ordinance enacted pursuant to this section shall prohibit the continued lawful use of any building or premises for any trade, industrial, residential, agricultural, or other purpose for which the building or premises is used at the time this section or the ordinance takes effect; provided that a zoning ordinance may provide for elimination of nonconforming uses as the uses are discontinued, or for the amortization or phasing out of noncon- forming uses or signs over a reasonable period of time in commercial, industrial, resort, and apartment zoned areas only. In no event shall [&ueh]the amortization or phasing out of nonconforming uses apply to any existing building or prem- ises used for residential(single-family or duplex) or agricultural uses[..-]; provided that uses that include the furnishing or offering of transient accommodations shall not be considered residential or agricultural uses and may be phased out or amortized in any zoning district by county zoning regulations; provided further that a zoning ordinance may provide that transient accommodations may be furnished to a transient for a period of less than one hundred eighty consecutive days. Nothing in this section shall affect or impair the powers and duties of the director of transportation as set forth in chapter 262. For purposes of this subsection, "transient accommodations" has the same meaning as defined in section 237D-1. "Transient accommodations" in- cludes uses that require the payment of transient accommodations taxes." SECTION 3. Section 237D-1, Hawaii Revised Statutes, is amended by amending the definition of "transient accommodations"to read as follows: 'Transient accommodations" means the furnishing of a room, apart- ment, suite, single family dwelling, shelter, or the like to a transient for less than one hundred eighty consecutive days for each letting in a hotel, apartment hotel, motel, condominium or unit as defined in chapter 514B, cooperative apartment, vehicle equipped with or advertised as including sleeping accommodations, dwelling unit, or rooming house that provides living quarters, sleeping, or house- keeping accommodations, or other place in which lodgings are regularly fur- nished to transients." SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. Statutory material to be repealed is bracketed and strick- en. New statutory material is underscored. 27 APPELLANT EXHIBIT 12, pg. 3 of 15