2025-05-01 PL-BOA-2025-000119 Petition

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The purpose of Ordinance 2018-114, creating Zoning Code, Section 25-4-16- 16.3, is as follows: SECTION 1. Findings and Purpose. The short-term rental of residential units, as an alternative to traditional resort and hotel accommodations, is an emerging trend in the visitor industry that continues to grow in popularity. The purpose of this ordinance is to manage the impacts of these short- term vacation rentals by: 1) defining where this use will be allowed; 2) establishing provisions and standards to regulate this use; and 3) providing an avenue for an existing use deemed to be improper by this ordinance, to apply for a nonconforming use certificate that would allow them to continue to operate in a non-permitted district. (emphasis added in italics) §205A-21 Findings and purposes. The legislature finds that, special controls on developments within an area along the shoreline are necessary to avoid permanent losses of valuable resources and the foreclosure of management options, and to ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, and natural reserves is provided. The legislature finds and declares that it is the state policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. (5) A clear and concise statement of any other relevant facts: The building and premises used for transient accommodations at 14 Oeoe St. was wrongfully certified by the Planning Department by issuance of NUCR (2023 and 2024) and will be wrongfully certified in 2025. No single-family lives there, the owners never previously established a single-family use, and the owners do not verify or regulate that only a "single-family", as defined by Planning Commission Rule 9-4(u), can rent the premises. Ord. 16-114 did not authorize interior renovations to create additional bedrooms or exterior enlargement of the existing building or premises to create additional gathering space under strict statutory interpretation. Planning 8