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HomeMy WebLinkAbout2025-10-22 Appellants Exhibit 19_Letter to PC Claudia Rohr 369 Nene St. Hilo, HI 9720 crohr4@gmail.com April 14, 2025 Planning Director, Jeff Darrow Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii, 96720 Re: Unnumbered Agenda Item, Planning Director's SMA Report for March— SMA exemption for No. PL-SAA-2025-000280, TMK (3)2-1-018-013, 14 Oeoe St.,Hilo, HI 96720 Dear Chairs and Commissioners of the Leeward and Windward Planning Commissions, and Planning Director Jeffrey Darrow- PL-SAA-2025-000280, listed on the Planning Director's SMA Report for March, is an incomplete and unsigned SMA assessment form that the planning department uses with the attachment of building plans on 8.5" xl l" pages. None of the additional information required by PC Rule 9-10 Assessments was attached. I wrote to the Director and Planning Department to complain and to demand an SMA use permit procedure on April 9, 2025 before the Director issued a SMA exemption on April 11, 2025. Attachments- 1 and 2. (Rohr's 4-9-25 email and PD 4-11-25 exemption Letter to Standke). I have been complaining that the transient accommodation use at the premises at 14 Oeoe St., TMK (3)2-1-018-013, generates on-street parking and vehicles backing out onto Oeoe St. that create tsunami evacuation congestion, diminished fire protection and access to emergency services to my neighbors and my 1 APPELLANT EXHIBIT 19, pg. 1 of 41 homes, and diminishes the long-standing bikeability and walkability character of the neighborhood since 2018. I have been complaining that the owner illegally rents out four bedrooms to twelve unrelated persons not authorized under the definition of"family" in the Zoning Code and Planning Department Rules, when only two bedrooms were approved in the original 2019 short-term vacation rental registration and NUC, to no avail. After May 3, 2024, the effective date of Act 17 (S.B. No. 2919) and the changes to HRS 46-4(a), the Director and the Planning Department no longer have the authority to provide a SMA exemption available for single-family residences to buildings and premises with transient accommodation uses. Under strict statutory interpretation, interior and exterior alterations to existing buildings or premises used for transient accommodations that add bedrooms or increase the gathering capacity of the transient accommodation, increase the density or intensity of use of the land are included in the definition of development, HRS § 205A-22(C). Planning Commission Rules of Practice and Procedure, Rule 9 and Chapter 205A must now be read in pari materia with Act 17 changes to HRS § 46-4(a), in pertinent part as follows: In no event shall [suck] the amortization or phasing out of nonconforming uses apply to any existing building or premises 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. 2 APPELLANT EXHIBIT 19, pg. 2 of 41 The Planning Director wrongfully approved the SMA exemption for PL-SAA- 2025-000289 for the latest project at 14 Oeoe Street, after the May 3, 2024 effective date of Act 17. Specifically, the Director found that the addition of a 242-SF concrete lanai under a 242-SF raised covered lanai and an enclosed stairway which enlarges the building envelope, was exempt, as follows: 1. Under Planning Commission Rule 9-4(i)(2), the term "development" does not include: (A) Construction or reconstruction of a single-family residence less than 7,500 square feet in floor area, not situated on a shoreline parcel or one affected by waves, storm surges, high tide, or shoreline erosion, and not part of a larger development. (F) Repair, maintenance, or interior alterations to existing structures or uses. (0) Structural and non-structural improvements to existing single- family residences, where otherwise permissible. 2. Similarly, under HRS §205A-22(2), "development" does not include: (A) Construction or reconstruction of a single-family residence less than 7,500 square feet, not located on a shoreline parcel or one impacted by coastal hazards, and not part of a larger development. (F) Repair, maintenance, or interior alterations to existing structures. (N) Structural and non-structural improvements to existing single- family residences, where otherwise permissible. The building and/or the premises used for transient accommodations at 14 Oeoe St. is neither a residential use under state law, §46-4(a), nor an existing"single- family residence" under the County's SMA rules, Planning Commission Rule 9-4(u), definitions: 3 APPELLANT EXHIBIT 19, pg. 3 of 41 Single-Family Residence" means a detached building designed for and/or used as the complete facility for cooking, sleeping and living area of a single family only and occupied by no more than one family. Single family residences may include uses or structures normally considered accessory to the single family facilities provided that any such uses or structures are situated on the same lot or building site and are in compliance with all requirements of any county or state regulation, statute, or ordinance. A single family shall include all persons living in a dwelling related by blood, marriage or by adoption or a group comprised of not more than five persons not related by blood, marriage or by adoption. Nor are the additions proposed by PL-SAA-2025-000280 repair, maintenance, or interior alterations. The building and premises used for transient accommodations at 14 Oeoe St. is a wrongfully certified nonconforming use, no family lives there, and the owner does not regulate that only a family can rent the premises. See Attachment-3. (Booking confirmation). Attachment-3, note at page 2, is prima facie evidence that the owner, Richard Standke uses AI for his booking platform and confirmations and does not monitor or care that I rented his side-by-side transient accommodations with side-by-side driveways at 14 and 32 Oeoe Street for a reunion of 28 of my husband's most likely unrelated fraternity brothers that most likely are arriving in separate cars. Ordinance 2016-114, creating Zoning Code, Section 25-4-60-63, allowed for the continued operation of nonconforming short-term vacation rentals (STVR) established before April 1, 2018 if they registered and renewed nonconforming use certificates (NUC) annually. Ord. 16-114 did not authorize interior renovations to create additional bedrooms or exterior enlargement of the existing building or 4 APPELLANT EXHIBIT 19, pg. 4 of 41 premises to create additional gathering space under strict statutory interpretation. Planning Department Rule 23 administers the zoning code, Section 25-4-60-63 and does not and cannot authorize what the zoning code does not expressly authorize.' Yet, somehow on August 8, 2024, three months after Act 17 changed the status of transient accommodations in existing building or premises not used for single-family residential use, Deputy Director Darrow approved PL-NUCR-2024- 002371, changing the two-bedroom nonconforming use certificate to a four-bedroom nonconforming use certificate for the short-term vacation rental located in the SMA and VE flood zone at 14 Oeoe Street, TMK (3)2-1-018-013. Attachment-4 (2024 NUCR). The Planning Department's STVR enforcement division did not even require that the owner submit a change form and updated floor plan required under the 2023 NUCR conditions of approval, Attachment-5 (2023 NUCR), and Planning Department Rule 23. Neither did the enforcement division require a SMA use permit assessment application (SAA) under Planning Commission Rules 9-4(u) and 9-10, which is the same as in this case.2 Twice now, after Act 17's May 3, 2024 effective date, Mr. Darrow, in his role as Deputy and Director, has signed off on the expansion of this transient accommodation rental located in the SMA and VE flood zone at 14 Oeoe Street, 1 See also, PD Rule 23-7(b) "No new STVR can obtain a Registration under this section." 2 PL-SAA-2025-000280 is an uncompleted and unsigned SMA assessment form that the planning department uses. None of the additional information required by PC Rule 9-10 Assessments was attached. 5 APPELLANT EXHIBIT 19, pg. 5 of 41 TMK (3)2-1-018-013, within 210 feet of my property boundary, without requiring a completed and signed SMA use permit assessment application under the requirements of Planning Commission Rules 9-4(u) and 9-10 Assessments. The guests staying at this location often arrive in large groupsl'1 that drive in separate cars that causes significant adverse effects on the surrounding community—blocking vehicles turning onto Oeoe Street from Kalaianaole Street creating safety issues, tsunami evacuation congestion, diminished fire protection and access to other emergency services, and unsafe conditions for bicyclists and pedestrians. Adding a total of 444-SF of cover lanai and an enclosed stairway to make it easier to run up and down, will expand the capacity to hold gatherings and parties on premises already illegally used as a four-bedroom short-term vacation rental. The additional development will draw even more on-street parking and increase the number of vehicles stacked in the driveway and backing out onto Oeoe St., which may have a substantial adverse environmental or ecological effect, taking into account potential cumulative and secondary effects under HRS §205A-22 and the definition of"Special management area use permit." A SMA use permit is required not only for the project exempted under No. PL-SAA-2025-000280, but for the 2025 NUC renewal application because the "change in the density or intensity of use of land" created by the nonconforming use certification of the addition of two bedrooms does not have a SMA permit. Under the standard of review outlined in Planning Commission Rules of Practice and Procedure, Rule 9-10 Assessment, part (h), Criteria of Significant Adverse Effect, a 6 APPELLANT EXHIBIT 19, pg. 6 of 41 "Special Management Area Use Permit" approved by the Planning Commission is required for the proposed development at 14 Oeoe St., under Nos.: (2) curtails the range of beneficial uses of the environment;u (3) conflicts with the long-term environmental policies or goals of the General Plan- 1 or the State Plan;u (4) significantly affects the economic or social welfare and activities of the community, County or State; [Fn. 1.] (10) is contrary to the objectives and policies of the Coastal Zone Management Program and the Special Management Area Guidelines of Chapter 205A, HRS.0 "Special Management Area Use Permit" means an action by the authority authorizing development ...which may have a substantial adverse environmental or ecological effect, taking into account potential cumulative effects." §205A-22 Definitions. "Special management area use permit" procedures under Planning Commission Rule 9-4(u) definitions and Rule 9-11 are required as a matter of law. I am an "Affected owner" whose property is "within three hundred feet of any point of the boundary of a lot where a Nonconforming Use Certificate is being sought." I have provided the advertisement and booking confirmation for 14 Oeoe St. , Attachment-3, that is prima facie evidence that the owner of 14 Oeoe St. is booking rentals for twelve unrelated individuals under the definition of"Family" and "single-family residence" that most likely will arrive in more cars than can park in four individually accessible parking spaces, and that the booking will likely cause on-street parking and egress issues injuring my interests. The Zoning Code, Section 25-4-16.2. Prima facie evidence; short-term vacation rentals, states: Advertising of any sort that offers a property as a short-term vacation rental shall constitute prima facie evidence that a short-term vacation 7 APPELLANT EXHIBIT 19, pg. 7 of 41 rental is operating on that property. The burden of proof shall be on the owner or operator to establish either that the property is not being used as a short-term vacation rental or that it is being used for such purpose legally. (emphasis added) I have the right to a contested case on a proposed SMA use permit for the construction in the SMA proposed in PL-SAA-2025-000280, and the proposed 2025 NUCR for a four-bedroom STVR in the SMA, where the burden of proof shall be on the STVR operator to prove that the building and premises will be used for transient accommodations legally. A contested case is a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for agency hearing, under HRS §91-1, guaranteed in our democratic society by article I, sections 1 and 5 of the Hawaii Constitution, and the First, Fifth, and Fourteenth amendments to the US Constitution. By approving a SMA exemption for the project at 14 Oeoe St., No. PL-SAA- 2025-000280, without requiring the owner/operator of the transient accommodation prove that the property is being used as a short-term vacation rental legally, violates §205A-26(2)(C) which mandates that the authority shall not approve development unless it is consistent with the general plan and zoning. The definition of"development" must be interpreted to embrace Act 17's significant changes as a matter of law and in the spirit of the law. Attachment-6. After May 3, 2024, transient accommodations shall not be considered residential use. HRS §205A-22(2)(A),(F) and (N) and Planning Commission Rule 9-4(i)(2)(A), (F), and (0) exceptions to the definition of"development" do not apply. 8 APPELLANT EXHIBIT 19, pg. 8 of 41 Thank you for your time and consideration. Attachments 1-6 9 APPELLANT EXHIBIT 19, pg. 9 of 41 Oda, Michelle From: Claudia Rohr <crohr4@gmail.com> Sent: Wednesday,April 9, 2025 6:38 AM To: Planning Internet Mail Cc: Darrow,Jeff; Roy, Alex Subject: Re: PL-SAA-2025-000280 incomplete application Follow Up Flag: Follow up Flag Status: Flagged Aloha, Planning Director Jeff Darrow and senior planner Alex Roy, PL-SAA-2025-000280 does not follow the Planning Commission Rules of Practice and Procedure, Rule 9-10 Assessment. The application is incomplete, including a plot plan that shows the driveway and parking spaces. The existing parking is inadequate and will be covered by the proposed deck. Please confirm that you have rejected the application as incomplete. Richard and Deborah Standke have conditional use permits to operate un-hosted short-term vacation rentals (STVR) at 16 Oeoe Street and 14 Oeoe Street, with parking spaces for eleven stacked vehicles that back out onto Oeoe Street through side-by-side driveways. I rely on Oeoe street to take my walks down to Leleiwi and Richardson's beaches, to access my driveway at 369 Nene Street, and to receive emergency services, including fire trucks that hook-up to fire hydrants on Kalanianaole Street. On-street and off-street parking and egress issues at 16 Oeoe Street and 14 Oeoe Street are directly traceable to the transient vacation guests staying at these properties. The guests staying at this location often arrive in large groupsu that drive in separate cars that causes significant adverse effects on the surrounding community blocking vehicles turning onto Oeoe Street from Kalaianaole Street creating a dangerous road condition, tsunami evacuation congestion, diminished fire protection and access to other emergency services, and unsafe conditions for bicyclists and pedestrians under the standard of review outlined in Planning Commission Rules of Practice and Procedure, Rule 9-10 Assessment, part (h) Criteria of Significant Adverse Effect, parts: (2) curtails the range of beneficial uses of the environment; z (3) conflicts with the long-term environmental policies or goals of the General Planffil or the State Plan;u (4) significantly affects the economic or social welfare and activities of the community, County or State; [Fn. 11 1 APPELLANT EXHIBIT 19, pg. 10 of 41 (10) is contrary to the objectives and policies of the Coastal Zone Management Program and the Special Management Area Guidelines of Chapter 205A, HRS.ffil In this case, adding a 240 SF lanai will expand the property's capacity to hold gatherings and parties, drawing even more vehicles to Oeoe St., with cumulative and secondary effects on the surrounding neighborhood. Please provide for a "Special management area use permit" procedure under PC Rule 9- 11. "Special Management Area Use Permit Procedure" means an action by the authority authorizing development ...which may have a substantial adverse environmental or ecological effect, taking into account potential cumulative effects. I have a statutory and constitutional right to a contested case hearing for a SMA permit approved by the Planning Commission based on geographic location, and concrete injury to my property interests, my health, safety and welfare protected under article I section 5, and article XI section 9 of the Hawaii Constitution and the First, Fifth, and Fourteenth Amendments to the US Constitution. Thank you for your consideration. Claudia Rohr 808-640-5976 u The owners advertise 16 Oeoe Street "sleeps twenty people", and 14 Oeoe Street "sleeps 12 people." z Nene St. and its side streets is widely used as a pedestrian travel way by the residents of Leleiwi Neighborhood and as a pedestrian, scooter, and electric bicycle connection between Kings Landing Homestead lots, Keaukaha tract II and Keaukaha Tract I. Residents of the greater Keaukaha Community use Nene St. to walk or bike to and from the beach parks or local schools or fishing grounds as a safe travel way away from vehicular traffic and cars parked in the paved road shoulder on Kalanianaole Street. 111 See in proposed 2045 General Plan, Table 56: Transportation Access and Mobility, item # 22.a: "Amend the County code to incorporate Vision Zero safety principles..." u §46-4 County zoning. Zoning in all counties shall be accomplished within the framework of a long-range, comprehensive general plan prepared or being prepared to guide the overall future development of the county. Zoning shall be one of the tools available to the county to put the general plan into effect in an orderly manner... The zoning power granted in this section shall be 2 APPELLANT EXHIBIT 19, pg. 11 of 41 DeVera, Ashley From: Sent: Tuesday, August 15, 2023 12:28 PM To: Plannin• Internet Mail; •ublic_works email; COHRPT Cc: Subject: Complaint- PL-NUCR-2023-001555, NUC 3rd Renewal Application;4 BD - NUCR renewal,TMK (3)2-1-18-13; and renting out the STRV without finalized building permits Download Attachment Available until Sep 14, 2023 Complaint-owners Richard and Deborah Standke deceptively submitted application for PL-NUCR-2023-001555, NUC 3rd Renewal Application;4 BD- NUCR renewal,TMK(3)2-1-18-13, 14 Oeoe St., Hilo Hi, and are renting out this STRV without proper building permits or STRV certification. ZCV complaint form and public works complaint form attached. Facts:A 400 SF storage space in the flood zone was converted into two bedrooms and a hall according to a building permit(not yet passing final inspections)which was not part of an existing vacation rental in 2019. The original STVR certification (STVR-19-359757)was for three-bedrooms and 2.5 baths, not four-bedrooms, 3-baths. Therefore, "four bedrooms"and a third full bath (that have no finalized building permits)cannot be "renewed" under the zoning code. The owner is currently advertising renting 4-bedrooms and 3-baths for parties of 12 people in violation of the zoning code. See attached website advertisement print out. The hallway is used as an additional (fifth) bedroom. Converting a storage space into two bedrooms and a half bath to a full bath without a permit or finalized permit (framing inspection failed 8/9/2023)and renting it out violates the building code and zoning code. ** Owners are paying property tax based on 3-bedrooms, 2.5 baths but renting out a 4-bedroom/3-bath house. Click to Download Lilikoi House-Hilo Vacation Homes.pdf 0 bytes Click to Download Complaint Form Fillable PDF(6).pdr.par 0 bytes 1 APPELLANT EXHIBIT 19, pg. 12 of 41 Click to Download DPW Complaint Form(2)(1).pdf.pdf 0 bytes Click to Download A6EF7AE 1-4151-48A2-9FA9-11 B 11 BE66980.pdf 0 bytes Sent from my iPad 2 APPELLANT EXHIBIT 19, pg. 13 of 41 - it ii,,U.,.)', IF) County of Hawaii Planning Department (January 20,2022) '1, qi.:iit, Zoning , Land Use, and SMA Violation Complaint Form Hilo(Volcano to Waimea) 101 Pauahi Street.Suite 3 Hilo,HI 96720-4224 (t0 )961-b2b74 Fax (S(.)b)96l-11742/Email planning.hawaiicountv.gov Kona(Pahala to HaNVi) 74-5044 Ane Keoholctlole Hy, ,Bldg E,211a Floor.Kailua-Kona,HI 96740 (S0 )323-4770 Fax 10,)327-3563 i Complainant Information: Work: I Describe Alleged Zoning Violation (refer to Note 1 below): _Owners deceptively submitted, application for PL-NUCR-2023-001555, NUC-3.rsiJaene.wail Application; 4 BD - NUCR renewal, TMK (3)2-1-18-13, 14 Oeoe St., Hilo Hi; and owners are renting out STRV without proper building permits or STRV certification. See email & attachments If no property address,what distinguishing feature is seen from the street that identifies the property? Have you tried to resolve this problem with the violator before asking for our help? Yes NoE✓ I If Yes, Please explain why it didn't work: Have you filed this complaint with another government agency? Yes `/ No[I If Yes,Date of Contact: 8/15123 1 Person Contacted: Results of Contact: Enter the following information for the alleged violator: Property Tax Map Key (TMK)#: (3)211 81 3 Community Leleiwi 14 Property Street Address: Oeoe St. Violator(s) Full Name (if known):Richard and Deborah Standke Violator(s) Mailing Address (if known):20318 RUSTON RD, WOODLAND HILLS, CA 91364-5643 Would you like to be blind co ied on letters? Yes:n No:n Signatu Date: 8/15/2023 Notes: 1) Construction of any structure without a building permit is a Building Code Violation and should be referred to the Department of Public Works,Hilo Building Division(961-8331)or Kailua-Kona Building Division(323-4720). This includes people living in tents,buses,shacks,sheds,etc. See back page for information on Zoning Code Violations. 2) a. Per Planning Department Rules of Practice and Procedures 9-2(a)(1):All information and records acquired by the Planning Department under this part shall be confidential. However,it is possible that if court proceedings occur that this information could be subpoenaed and made known to all involved parties. b. 9-2(b)All complaints shall be given to the zoning inspector. Anonymous complaints will not be investigated by the zoning inspector and/or other Planning Department personnel assigned. Page 1 of 2 APPELLANT EXHIBIT 19, pg. 14 of 41 Department Use Only State Land Use: / County Zoning: / In SMA Zone? Yes: No: / Parcel Size: Land Owner: Address: Complaint Form received by: Mail: I Fax: / Counter: I Email: / Docket#: Notes: Zoning Violations Zoning is covered under Hawai'i County Code Chapter 25. Access to the code can be found at: htt•s:/iww .hawaiicountv.aov/our-countyileaislative/office-of-the-county-clerk/countv-code Zoning inspectors are required to enforce the code through the complaint process. (Planning Department Rules of Practice and Procedure 9-2) To determine if an owner is in violation of the zoning code you first must determine the zoning of the property (residential, agricultural, industrial, commercial, etc...) and then check what is permitted in that zoning or requires a permit. If you are not sure or need help to better understand the code, please do not hesitate to call the Planning Department. The list below,which is not all inclusive,shows the different types of Planning Department violations that we investigate: Coastal Issues—Unpermitted/Unapproved Encroachment: Development or Activity: • Intrusion of Setbacks • Special Management Area/Shoreline Setback • Exceeding Height Requirements Non-compliance of: Dwellings—Illegal or improper use of: • Special and Use Permits • Additional Farm Dwelling • Change of Zone Ordinance Conditions • • Plan Approval Conditions Duplex • Mobile Homes Illegal!Uni ermitted: • Multiple Units • Operation of a Junkyard(more than two • Ohana Home unregistered vehicles or more than 200 sf of junk) • More than five unrelated people • Recreational Vehicles; Courses and Tracks Livestock—Maintaining,Raising or Keeping of: • Auto Repair • Base Yard • Apiaries • Kennels (commercial kennel, where one is boarding or keeping • Bed& Breakfast • Commercial dogs belonging to other people) • Equipment Storage • Piggeries (more than four pigs on an agricultural property requires • Retreats and resorts approval. A brochure on piggeries is available at the Planning • Short Term Vacation Rentals(STVR) Department.) • Roosters or chickens (on a non-agricultural zoned property) The purpose of the Zoning Code is to promote health, safety,morals,or the general welfare of the County by regulating and restricting the height, size of buildings,and other structures,the percentage of a building site that may be occupied,off-street parking, setbacks,size of yards,courts,and other open spaces,the density of population,and the location and use of buildings, structures, and land for trade, industry, residence,or other purposes.(Section 25-1-2(b)) So if you have any questions come in and see us. We are here to assist you. Page 2 of 2 APPELLANT EXHIBIT 19, pg. 15 of 41 r 7Vairt,tA, res'`, l Y riW Lilikoi Check-in: Check-out: 4:00 11:00 Check-In Date Check-Out date [7_1] M N1e. At ��r • a Number of Guests �,t`G;F'�� ': �' � i?�` ih,r"�' �rxk�1Y •�� a�� vR14, �x}rn�{ 5 E rti .♦♦` .ten•r 'y Go to ri Shopping Cart ` R JJ #1111"="itigiqq a k ``ql - ,y.:m. .; :. 'CFf1R ..ORCHID r� w� �2"°. � J df�� •r 1✓�'i� ,sH� �`,)V OAr r"� t'�:. ` �r�.F w.7,i Property This house is featured on VRBO -house number 387662 and Airbnb. APPELLANT EXHIBIT 19, pg. 16 of 41 For parties above 12 or those wanting more room, the neighboring house can be rented. See Habiscus house on this website or Vrbo #4035464 or the Orchid house on Vrbo #4980838. The vacation rental house is directly across from the black sand beaches of Richardson's Beach Park. This Park is one of Hilo's premier tourist destinations and a stop for the Hop on Hop off bus. The house includes free use of bicycles, kayak, stand up paddle board, snorkeling equipment, boogie boards and beach towels. The best snorkeling you will find anywhere is in just a few feet of water on the east side of Richardson's Beach Park, off the black sand beach after the life guard station. The living room, kitchen, dining area, and master bedroom have unobstructed ocean views. This vacation home is just 5 miles from Hilo International airport. STVR: 19-359757. NUC: 19-1316. House is equipped with Spectrum high speed cable Internet access (WiFi) and Netflix, YouTub TV and Sling TV. The house sits on almost half an acre of land for extra APPELLANT EXHIBIT 19, pg. 17 of 41 privacy. Bedroom and Bathroom configuration: Master bedroom with king size bed on upper floor with attached full bath. Ceiling fan with full view of Richardson's Beach Park. Bedroom located at the end of the hallway. Very private. Bedroom #2 is located next to bedroom #1 with kitchen on the other side. Bathroom across the hall is also the main upstairs bathroom. It features a king bed, ceiling fan and garden views. Across hallway from bathroom #2. A full bath with tub/shower combination. Great views of the Ocean/Beach Park. Bedroom 3 and 4 are downstairs with the entrance outside just below the stairs to the front door. Bedroom #3 has a queen bed and a twin. Bedroom #4 has a twin bed and a daybed (with a twin mattress). Bathroom #3 is off the hallway downstairs. There is a semi private alcove with a standard twin also off the hallway IMPORTANT NOTE: There is no internal staircase between the floors. The lower floor has an external entrance from the driveway near the external stairs to the front door. Not an issue unless you have your children that are not comfortable downstairs on their own. APPELLANT EXHIBIT 19, pg. 18 of 41 Kitchen and Dining Room: Newer, modern appliances, cookware and plates/flatware for very large parties. Stocked with accessories such as blender, toaster, coffee grinder and coffee maker, rice cooker, hand blender and lots of cooking tools. Kitchen has views across dining/living room out to Hilo bay. Dining room table seats 6 with additional table and chairs on porch in front of front door. Dining and lounging in the living room while watching and listening to the ocean is why you booked a Hilo vacation rental home instead of a hotel, so please take advantage of the great location. Living Room: Upstairs living room has views across Hilo bay. Large couch, love seat and large chairs offer many seating options in the living room. Television with Roku for viewing Apps, Netflix and above mentioned cable equivalent options. Washer and dryer are off kitchen for use by guests. Amenities: Shampoo, conditioner, bath towels, hair dryers, washer, dryer, cleaning supplies, beach towels. House has storage room which contains washer/dryer, three bikes, two kayaks, boogie boards, masks, snorkels and booties. Folding chairs to take APPELLANT EXHIBIT 19, pg. 19 of 41 across the street if needed. Play pan and high chair in each house. Charcoal BBQ. Activities o In Hilo, 3.5 miles from Downtown o Classic Hawaiian House with modern kitchen o Across from Richardson's Beach Park o Free use of Kayaks, SUP board, bikes o Includes boogie boards, snorkel equipment, booties O 4 Bedrooms O 3 Bathrooms o Two king beds, 1 queen, 4 twin o Queen size sofa bed o Sleeps 12 Deposit & cancelation policy The payment and cancelation policy is the same as I have on Vrbo. The refundable deposit upon booking is 50% of the total. If your stay is beyond a year and you prefer to have a smaller deposit, contact me. There is a 100% refund for cancelations until 30 days prior to your stay. There is no reason needed. APPELLANT EXHIBIT 19, pg. 20 of 41 At 60 days prior to your stay, the balance of 50% is due. I'll invoice you. If I'm late, don't worry. Your booking is secure. Reviews There are no reviews yet. Be the first to review "Lilikoi House" Your email address will not be published. Required fields are marked * Your rating * TA.?"* 1 ?"* " Your review * Name Email Submit APPELLANT EXHIBIT 19, pg. 21 of 41 Location r®1 r•:m• •J l of L- 77. Leaflet,©OpenStreetMap contributors APPELLANT EXHIBIT 19, pg. 22 of 41 Quick menu Contact info Home Richard Standke Hilo activities (818) 357 - 6889 Contact hilovrhomes@gmail.com My account Copyright 02017-2022 Hilo Rental Homes-All rights reserved. APPELLANT EXHIBIT 19, pg. 23 of 41 COUNTY OF HAWAI'I Good Afternoon Guest r Electronic Information Center (EPIC) Inspection Number: PW.IBLD2023-016753 Inspection Details() Tab Elements 0 Main Menu 0 Inspection Type: BLD-Framing Requested Date: 08/09/2023 Requested Time: 12:38 PM Inspection Rejected Scheduled Date: 08/07/2023 Status: Permit Number: A2021- Completed Date: 08/07/2023 B H00358_M GT Completed Time: 6:15 AM Locations Contacts Checklist Fees Attachments Previous Locations 0 Next Tab Inspection Details Main Menu(} Locations Sort Main Type: Project Site Parcel Number Location https:J/hawaiicountyhi-energovpub.tylerhost.netjApps/SelfServ...ionDetail/inspectionifeb8c472-31fd-4fb8-8174-991b52039c5e 8/15/23,12:18 PM Page 1 of 1 APPELLANT EXHIBIT 19, pg. 24 of 41 DEPARTMENT OF PUBLIC WORKS INFORMATION AND COMPLAINT REQUEST FOR INVESTIGATION AND SERVICE REPORT SUBMIT File No. Date: 08/15/23 N Address: 14 Oeoe St, Hilo, HI 96720 (Bus) Location: TMK 3-2-1-18-13 Received by: Name Time (am/pm) Date COMPLAINT/INQUIRY/CONCERN: See the email and attachments this complaint form is attached to. Referred to: Date: Instructions: Referred by: FOLLOW-UP: Date: RESULTS: APPELLANT EXHIBIT 19, pg. 25 of 41 4/12/25,6:13 AM Checkout-Hilo Vacation Homes rh wR,,or; Order received Checkout Thank you. Your order has been received. ORDER NUMBER: DATE: EMAIL: 7553 April 12, 2025 crohr4@gmail.com TOTAL: PAYMENT METHOD: $3,066.96 (of PayPal $6,133.92 Order details Product Total Orchid House x1 Total Base Price: $1,595.00 $3,190.00 Balance Due Now (50%): $1,595.00 Lilikoi House $1,005.00 x1 Total Base Price: $2,010.00 https://hilovacationhomes.com/checkout/order-received/7553/?key=wc_order be1 wRi8dr69re 1/4 APPELLANT EXHIBIT 19, pg. 26 of 41 4/12/25,6:13 AM Checkout-Hilo Vacation Homes Product Total Balance Due Now (50%): $1,005.00 Subtotal: $2,600.00 Tax(17.96%): $466.96 Payment PayPal method: Total: $3,066.96 (of$6,133.92) Both rentals are for a reunion of my husband's Note: fraternity brothers arriving no earlier than 4:00 in separate cars. Order again Related Bookings Booking From To Status #7557 Lilikoi House May 8,2026 May 11,2026 Paid View #7556 Orchid House May 8,2026 May 11,2026 Paid View Balance Due Now (50%) details Some products in this order have been bought with deposit. In order to complete the transaction and ship the products, all remaining amounts have to be paid. Below is the list of items with pending balance: https://hilovacationhomes.com/checkout/order-received/7553/?key=wc_order belwRi8dr69re 2/4 APPELLANT EXHIBIT 19, pg. 27 of 41 4/12/25,6:13 AM Checkout-Hilo Vacation Homes Order Product Totals Status o � Orchid $1,881.46 - Pending .ry • Subtotal: #7554 House payment $1,595.00 April 7,2026 Taxes:$286.46 o ��.A L i l i ko i $1,185.50 Pending Subtotal: #7555 House payment $1,005.00 April 7,2026 Taxes:$180.50 Billing address claudia jean rohr 369 Nene St. Hilo, HI 96720 P 8086405976 NI crohr4@gmail.com State'Part . y ,w• � . T Hilo """ View larger map 'onomy Center y yM 0 ■ A O L E A PLANTATION �r ESTATES • r w A • Ah • • s KaUmana Caves ••,:*` Panaewa Rainforest ,be :* * .•i` Zoo and Gardens glef Map data©2025 Google https://hilovacationhomes.com/checkout/order-received/7553/?key=wc_order belwRi8dr69re 3/4 APPELLANT EXHIBIT 19, pg. 28 of 41 4/12/25,6:13 AM Checkout-Hilo Vacation Homes Quick menu Home Hilo activities Contact My account Contact info Richard Standke (818) 357 - 6889 hilovrhomes@gmail.com Copyright 02017-2022 Hilo Rental Homes-All rights reserved. https://hilovacationhomes.com/checkout/order-received/7553/?key=wc_order_belwRi8dr69re 4/4 APPELLANT EXHIBIT 19, pg. 29 of 41 Mitchell D. Roth .'�ot�of H,`y; Zend°Kern Mayor ;. - Director Deanna S. Sako : = Jeffrey W.Darrow Managing Director Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 Countyof Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 22,2024 Via email: Dear SUBJECT: Closure Letter Complaint: Advertising Two Additional Unpermitted Bedrooms Within a Short-Terns Vacation Rental in the Residential (RS-15) Zoning. Property Owner: Richard Standke and Deborah Standke Case No.: PL-PCV-2023-00031 TMK: (3)2-1-018:013, 14 Oeoe Street,Lehia Park Res. Lot We received your complaint on August 15, 2023, stating the owner/operator of the STVR is advertising two additional unpermitted bedrooms converted from a 400-sf storage within a permitted Short-Term Vacation Rental (STVR) with four bedrooms in the residential (RS-15) zoned district. The County of Hawai`i, Planning Department regulates Chapter 25 of the Zoning Code and Rule 23 for Short-Term Vacation Rentals (STVR). For additional information, we have provided the link to Chapter 25, Zoning Code, where you may find the referenced sections. Zoning & Land Use I Hawaii County, HI Planning FINDINGS: • On August 8, 2023, the Planning Director issued approvals and permits for the 31.d Renewal of Short-Term Vacation Rental (STVR-19-359757) and Nonconforming Use Certificate(NUC-19-1316) to the subject property with the expiration date of May 7, 2024, allowing two bedrooms within the single-family dwelling. www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planningghawaiicounty.gov APPELLANT EXHIBIT 19, pg. 30 of 41 o sure e ter PL-PCV-2023-00031 April 22, 2024 Page 2 • General Conditions of Approval for STVR Standards. Pursuant to the Planning Department's Rules of Practice and Procedure Rule 23-5, all STVR Operations shall be subject to the following standards: 1. (e) Any property with a dwelling being used as a STVR shall be in compliance with all applicable laws, including but not limited to having obtained all necessary final permits and/or approvals from the County of Hawaii Department of Public Works- Building Division for all necessary building, electrical, and plumbing permits. • On January 29, 2021, the landowners applied for a building permit and associated permits with final completion on August 29, 2023, "to construct interior wall to divide room. Current storage room will convert to 2 bedrooms and a hallway by raising ceiling. With new wall, exposed beams and cut down ceiling joists. (Existing accessory space of 400 sf of major living area)." The Planning Department finds the additional two bedrooms are permitted under building permit #A2021-BH00358 issued, inspected, and maintained by DPW Building Division. Therefore, should the STVR owner/operator utilize the additional bedrooms, a request to the Planning Director is recommended for the next STVIVNUC renewal for four bedrooms. Based on the findings, we find no violations and will not further investigate the issue listed above and consider this complaint closed. Should you have any questions which pertain to this matter, please feel free to contact Planning Inspector,Annalyn Seguban of this office, at(808) 961-8039. Sincerely, ZeM ?o kern Zenda Kern(Apr 24,2024 OS:40 HST) ZENDO KERN Planning Director AS:ta \\COHO1'Timm ing publiclEnforcernent\TMK Files\ZONE 2\2-1-018-013ClosureLetterPCV-2023-0d031.doc Cc: Administrative Permits Anne.Matsunaga@hawaiicounty.gov APPELLANT EXHIBIT 19, pg. 31 of 41 '• Mitchell D.Roth 7!!!!!!!!! Zendo Kern • Macor : : Director • ;4:4: Lee E.Lord - — Jeffrey W.Darrow Managing Director Deputy Director West Hawaii Office 4• East Hawaii Office 74-5044 Ane Keohokalole Hwy Minty Of Hawat 101 Pauahi Street,Suite 3 Kailua-Kona,Ilawai'i 96740 Hilo,Hawaii 96720 PLANNING DEPARTMENT Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 Fax(808)961-8742 August 8,2023 Richard Standke 111111111 Dear Richard: SUBJECT: 3rd RENEWAL OF SHORT-TERM VACATION RENTAL(STVR-359757)AND NONCONFORMING USE CERTIFICATE(NUC-19-1316) Application: PL-NUCR-2023-00I555 Applicant: Richard Standke Owner: STANDKE,RICHARD NI STANDKE,DEBORAH A P Tax Map Key: (3) 2-1-018:013-0000 Pursuant to Hawai'i County Code(HCC)Chapter 25 and Rule 23 of the Planning Department's Rules of Practice and Procedure,the following STVR Registration and Nonconforming Use Certificate is hereby approved,subject to conditions set forth in this renewal approval. Transient Accommodation Rentals Draft Legislation Members of the County Council are currently working on draft legislation that proposes to amend the STVR law_Some of the proposals include changing the Dame of Short-Term Vacation Rentals to Transient Accommodations Rentals,changing the definition of a"short term"rental stay from"30 consecutive days or less"to"less than 180 days,"and establishing regulations for hosted rentals.The proposals are still in draft form,and no date has been set for the draft to be introduced as legislation for the County Council to consider.To read the latest version of the draft and to submit comments or questions to the draft writers,please visit www.hawaiicountytar.com. STVR Registration Number: STVR-19-359757 NIJC Number: NUC-19-1316 NUC Renewal Number: PL-NUCR-2023-001555 NIJC Expiration Date: May 7, 2024 State and County Plans 1. State Land Use District: Urban 2. County Zoning: RS-15 (Single-Family Residential) www.planning.hawaiicounty,gov Hawaii County is an Equal Opportunity Provider and Employer planning@havoncounty.qov APPELLANT EXHIBIT 19, pg. 32 of 41 Richard Standke Page 2 of 5 August 8,2023 3. General Plan LUPAG Designation: Idu(Low-Density Urban) 4. Special Management Area(SMA): This parcel is entirely situated within the SMA. Parcel-Specific Conditions— Please Read During our review,we noticed that the Applicant wrote in"4"for the APPROVED BEDROOM COUNT."The dwelling is currently permitted for 2 bedrooms;we believe the additional 2 bedrooms pertain to Building Permit#A202I-BE100358,which allows for the construction of an interior wall to divide an existing,storage room into 2 rooms. The permit also allows the change of use of the 2 new rooms from accessory space (storage room)into major living area(2 bedrooms).The permit's status currently stands at"Issued.' Please note that this STVR will remain permitted for 2 bedrooms until the cited building permit is deemed "Completed"by DPW. In the meantime,please abide by the following conditions: (I) This STVR is currently approved for 2 bedrooms.The additional bedrooms,permitted under open building permit gA2021-BH00358,may not be advertised,promoted,or offered for STVR guest use until the Department of Public Works' Building Division deems the permit complete. Evidence to the contrary may result in enforcement action and/or denial of future renewal requests. (2) To adjust the STVR bedroom count from 2 bedrooms to 4, the Owner shall submit an STVR Change of Information Application that includes a copy of the completed building permit and an updated floor plan that is drawn to scale. Note to Applicant Please Rex! The Department's Electronic Processing and Information Center(EPIC)submittal system requires NUC Renewal Applicants to add a Reachable Person"Contact"to their online application.To add a person as a "Contact"in EPIC,they must have their own EPIC user account.As it appears that your Reachable Person has not yet created their own EPIC user account,please ask them to follow the instructions below to create an account that you can add to future NUC Renewal submissions: 1. Visit the EPIC system's Customer Self-Service portal at:https://hawaiicountyhi- energovpub.tylerhost.net/Apps/SelfService#/home 2. On the welcome page,click the white"Login or Register"box 3. Click the"Register Here"hyperlink 4. Check off the consent statement if you agree to its terms.Provide your email address in the box provided. EPIC will send you a confirmation email; confirm your email address to continue the registration process. 5. Fill out the requested contact information in the data fields(phone number,etc.)provided. 6. On the signature page,sign your name in the box next to the consent statement. Using a mouse, touchpad,or touchscreen,"draw"your signature at the"x."If you do not have this capability, click on the toggle switch to type your signature instead. General Conditions of Avoroval I. STVR Standards. Pursuant to the Planning Department's Rules of Practice and Procedure Rule 23-5,all STVR Operations shall be subject to the following standards: wwwdota nning.hawa iicountuov Hawaii county is an Equal Opportunity Provider and Employer plaining@hawa iicounty.gov APPELLANT EXHIBIT 19, pg. 33 of 41 Richard Standke Page 3 of 5 August 8,2023 (a) The owner or reachable person shall reside in the County of Hawaii and shall be reachable by guests,neighbors, and County agencies on a twenty-four hour, seven days-per-week basis. The Department shall be notified by completing the STVR Change of Information Application within five(5) days of any changes in the landowner or reachable person's contact information. (b) The owner or reachable person shall be responsible to ensure that activities taking place within the STVR conform to the character of the existing neighborhood in which the rental is located. (c) Display Requirements. (I) The following shall be prominently displayed within the dwelling unit and recited in the STVR rental agreement between the owner and person(s)renting the STVR: (A) Quiet hours shall be from 9:00 p.m. to 8:00 a.m.,during which time the noise from the STVR shall not unreasonably disturb adjacent neighbors. (B) Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area. (C) Guest vehicles shall be parked in the designated onsite parking area. (D) The STVR shall not be used for commercial purposes. (2) A copy of the STVR Registration, and the owner or reachable person's name and phone number,shall be displayed on the back of the front door of all sleeping quarters. (3) Current NUC shall be displayed in a conspicuous place on the STVR's premises that is readily visible to an inspector. In the event that a single address is associated with numerous NUCs, a listing of all units at that address holding current certificates may be displayed in a conspicuous, readily visible common area instead. (d) All print and internet advertising of STVRs, including listings with a rental service or real estate firm, shall include the STVR Registration Number.The NUC Number shall also be included,if one has been issued. (e) Any property with a dwelling being used as a STVR shall be in compliance with all applicable laws,including but not limited to having obtained all necessary final permits and/or approvals from the County of Hawaii Department of Public Works- Building Division for all necessary building, electrical,and plumbing permits. (f) All guest parking for STVRs shall be off-street and shall meet the requirements set www_planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicounty.qcv APPELLANT EXHIBIT 19, pg. 34 of 41 Richard Standke Page 4 of 5 August 8,2023 forth in Hawaii County Code (HCC) Sections 25-4-50 through 25-4-54 and applicable parking standards in HCC Chapter 25. If there is any doubt as to the requirements for off-street parking for a STVR, the Director shall determine the required number of parking spaces. (g) Any commercial signage that advertises a STVR shall comply with the requirements of HCC Section 22-2.6 and HCC Chapter 3. (h) Owners of STVRs shall notify the Director in writing within thirty (30)days when such use permanently ceases for any reason. (i) Upon a change in ownership for a STVR,the new owner shall notify the Director by completing the STVR Change of Information Application within thirty(30)days of the change in ownership and provide: (1) Name and contact information of the new owner; (2) Copy of the conveyance document; (3) Notarized STVR Affidavit of Compliance; (4) Name and contact information of the reachable person; (5) Copy of STVR Registration Number; (6) Copy of NUC,if one has been issued; (7) STVR street address; (8) STVR tax map key number; and (9) Any other information deemed relevant and requested by the Director. (j) Failure to comply with any of the preceding standards,or any conditions provided with STVR Registration or a NUC shall constitute a violation of HCC Chapter 25. 2. Within ten(10)days of the date of this letter,the applicant shall provide the Planning Director evidence that the display requirements outlined in Condition No. 1 (c)above have been complied with. 3. Nonconforming Use Certificate Renewal (a) NUCs must be renewed every year on or before the expiration date indicated on the Certificate. (b) NUC Renewal Applications shall be accepted at the Department no earlier than ninety (90)days and no later than fifteen(15)days prior to a NUC's expiration date. (c) The Department will not issue reminder notices for upcoming expiration dates. www.plannimhawaiicounty,gov Hawari County is an Equal Opportunity Provider and Employer nn ing@hawa liCOU rity, APPELLANT EXHIBIT 19, pg. 35 of 41 Richard Standke Page 5 of 5 August 8,2023 (d) Late NUC Renewal Applications will not be accepted;failure to file a NUC Renewal Application by the NUC's expiration date will be considered voluntary forfeiture of the Certificate,rendering the Certificate ineligible for renewal. Approval Letters and Placards—Please Read Decision letters and placards will be issued electronically and sent to all EPIC Contacts.No hardcopy letters or placards will be sent. Please follow the instructions below to comply with the County's STVR placard display requirements: I) Print out the appropriate number of copies of your placard on 8 1/2"x II"white paper or white cardstock and post them for display,in compliance with the above-stated"General Conditions of Approval,"Sections l(c)(2)and(3). 2) Please photograph your posted placards and send PDF copies of your photos to planningO)hawaiicounty.goy. Please include your STVR and NUC numbers in the subject line of your email. Any questions may be directed to this office,attention: Anne Matsunaga at planning(a)hawaiicounty.gov. Sincerely, jeffke iDan-ow JEFFREY W.DARROW Deputy Planning Director akmiakm \\coh01\planninepublic\Admin Permits Division,Letters\STVR Letters\08.08.2023 NUC 3rd Renewal LTR 21018013 Standke PL-1,11JCR-2023- 001555.doex Attachment: STVR/NUC Renewal Placard dated August 8,2023 Waiver The applicant has requested this short-term vacation rental registration and represents that the dwelling registered is fit to be used as a short-term vacation rental. This short-term vacation rental registration does not mean that the County,or any of its departments,directors,employees,agents,or representatives are guarantying,representing, or warranting that the registered dwelling or property is fit to he used as a short-term vacation rental. The County has not physically inspected the dwelling or property in connection with this short-term vacation rental registration. The applicant is responsible for complying with all applicable laws,codes,rules,or regulations;for the physical condition of the dwelling and property;and,to ensure that the dwelling and property are fit and safe to be used in connection with this short-term vacation rental registration. The applicant foregoes and waives any past, present,or potential future claims, demands, or actions against the County arising from or related to this short-term vacation rental registration. www.plann ing.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning@havvaiiCOUntV.q0V APPELLANT EXHIBIT 19, pg. 36 of 41 T J u,"' 0 ci., .-. rr, -. =". Z C; F - '-' rri fib' F A ,.,... .i,, .,i,..-.:,:., • , a, C 3 rat a '' e 5 t ▪ �FF� r' ,--, .# ' �`,,, ,. C5 • gam._ • 1.I lV A./ 3 ' G] c 0 g . in' .D- ;.?1 ,T, i <3 rri -11 h• a sa nc ( " 5.. Ia' '!:1 r ▪ _ w _..i .� -- ,z, n .,-, . c ,__,,,- 7::,▪ — (44 . - . - -4, — tn„ x c: c, ..., - c ,:t ',./i i„41 u'-'.. r"1- r.) 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NO. 2919 A Bill for an Act Relating to Property. Be It Enacted by the Legislature of the State of Hawaii: SECTION 1. The legislature finds that the district court in Hawaii Legal Short-Term Rental Alliance v. City and County of Honolulu, No. 22-cv- 247-DKW-RT (D. Haw., 2022), permanently enjoined the city and county of Honolulu from enforcing Ordinance No. 22-7, insofar as it prohibited thirty- to eighty-nine-day home rentals, or the advertisement of these rentals, in any dis- trict on Oahu. Notwithstanding, it is the legislature's intent to honor and whole- heartedly support the home rule authority statutorily provided to the counties relating to zoning to ensure that the counties are able to guide the overall future development of their local jurisdictions in a manner they deem fit, using the tools available to the counties to put their general plans into effect in an orderly manner. Accordingly, the purpose of this Act is to: (1) Clarify the counties' authority to regulate by zoning ordinance the time, place, manner, and duration in which uses of land and struc- tures may take place; 25 APPELLANT EXHIBIT 19, pg. 38 of 41 ACT 17 (2) Clarify that uses that include the provision of transient accommo- dations are not considered residential uses and may be phased out or amortized by the counties; and (3) Expand the scope of the transient accommodations tax law to in- clude certain shelters and vehicles with sleeping accommodations. SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) This section and any ordinance, rule, or regulation adopted in accor- dance with this section shall apply to lands not contained within the forest reserve boundaries as established on January 31, 1957, or as subsequently amended. Zoning in all counties shall be accomplished within the framework of a long-range, comprehensive general plan prepared or being prepared to guide the overall future development of the county. Zoning shall be one of the tools available to the county to put the general plan into effect in an orderly manner. Zoning in the counties of Hawaii, Maui, and Kauai means the establishment of districts of such number, shape, and area, and the adoption of regulations for each district,to carry out the purposes of this section. In establishing or regulat- ing the districts, full consideration shall be given to all available data as to soil classification and physical use capabilities of the land to allow and encourage the most beneficial use of the land consonant with good zoning practices. The zon- ing power granted [herein] in this section shall be exercised by ordinance,which may relate to: (1) The areas within which agriculture, forestry, industry, trade, and business may be conducted; (2) The areas in which residential uses may be regulated or prohibited; (3) The areas bordering natural watercourses, channels, and streams, in which trades or industries,filling or dumping,erection of structures, and the location of buildings may be prohibited or restricted; (4) The areas in which particular uses may be subjected to special restrictions; (5) The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered; (6) The location, height, bulk, number of stories, and size of buildings and other structures; (7) The location of roads, schools, and recreation areas; (8) Building setback lines and future street lines; (9) The density and distribution of population; (10) The percentage of a lot that may be occupied, size of yards, courts, and other open spaces; (11) Minimum and maximum lot sizes; [and] (12) The time, place, manner, and duration in which uses of land and structures may take place; and [(12)] (13) Other regulations the boards or [ems] council of any county find necessary and proper to permit and encourage the orderly de- velopment of land resources within their jurisdictions. The council of any county shall prescribe rules, regulations, and adminis- trative procedures and provide personnel it finds necessary to enforce this section and any ordinance enacted in accordance with this section. The ordinances may be enforced by appropriate fines and penalties, civil or criminal, or by court order at the suit of the county or the owner or owners of real estate directly affected by the ordinances. 26 APPELLANT EXHIBIT 19, pg. 39 of 41 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 19, pg. 40 of 41 ACT 17 SECTION 6. This Act shall take effect upon its approval; provided that section 3 shall take effect on January 1, 2025. (Approved May 3,2024.) 28 APPELLANT EXHIBIT 19, pg. 41 of 41