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is an emerging trend in the visitor industry that continues <br /> to grow in popularity. <br /> The purpose of this ordinance is to manage the impacts of <br /> these short-term vacation rentals by: 1) defining where this <br /> use will be allowed; 2) establishing provisions and <br /> standards to regulate this use; and 3) providing an <br /> avenue for an existing use deemed to be improper by <br /> this ordinance, to apply for a nonconforming use <br /> certificate that would allow them to continue to <br /> operate in a non permitted district. (emphasis added <br /> in bold and italics) <br /> [Judicial Notice: go to Council Records, Ordinances, 2018, 18-114 <br /> starting at https://www.hawaiicounty.gov/our-county ] <br /> 8. ""Short-term vacation rental" means a dwelling unit of which the owner <br /> or operator does not reside on the building site, that has no more than <br /> five bedrooms for rent on the building site, and is rented for a period of <br /> thirty consecutive days or less. This definition does not include the <br /> short-term use of an owner's primary residence as defined under section <br /> 121 of the Internal Revenue Code." Zoning Code, Section 25-1-5. <br /> Definitions (2018). [Appellant Exhibit-13, "Hawaii County Code (HCC) <br /> Chapter 25, Article 1, Article 2, Article 4, and Article 5."] <br /> 9. The Landowners timely applied to register their STVR and acquired a <br /> Nonconforming Use Certificate in 20193. [Appellant Exhibit-11, "STVR- <br /> 19-359757 application."] <br /> 10.""Nonconforming use" means a use lawfully in existence on September <br /> 21, 1966 or on the date of any amendment to this chapter, but which <br /> does not conform to the regulations for the zoning district in which it is <br /> located." Zoning Code, Section 25-1-5. [Appellant Exhibit-13, "Hawaii <br /> County Code (HCC) Chapter 25, Article 1, Article 2, Article 4, and <br /> Article 5."] <br /> 11.The Landowners' building application is clear evidence that the <br /> proposed addition of a covered deck over a concrete lanai and a new <br /> enclosed stairway will increase the building footprint and will occupy a <br /> greater area of land than what is existing. [Appellant Exhibit-3, <br /> Building Plans.] <br /> s Issued in 2020. <br /> 4 <br />