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(2) Any residential district[, other tha DM,] that is wholly situated within any of <br /> the following: <br /> (A) A Resort or Resort Node area, as designated in the General Plan; or <br /> (B) An area designated as Open in the General Plan that is adjacent to an <br /> area identified in subparagraph (A) and that is located along the <br /> shoreline; and <br /> (3) A project district,where consistent with the uses allowed in the underlying <br /> zoning district. <br /> (b) An STVR is not permitted in a multiple-family dwelling, unless the dwelling is <br /> defined and governed as a condominium property regime under the Hawaii <br /> Revised Statutes, chapter 514B. <br /> (c) In any district or area not identified in subsection (a), an STVR may operate with a <br /> nonconforming use certificate issued pursuant to Ordinance No. 18-114 [7] or, in the <br /> RM district, provided the STVR was in operation prior to the effective date of this <br /> ordinance. <br /> (d) In the event that the director, pursuant to section 6- of this Code,cancels the TVR <br /> registration of a TVR operating under a nonconforming use certificate, such <br /> cancellation shall also cause and constitute revocation of the nonconforming use <br /> certificate. <br /> (e) An STVR operating under a nonconforming use certificate may increase the <br /> number of bedrooms available to rent; provided that the number of rooms available <br /> to rent does not exceed five and that the owner registers the change with the <br /> director. <br /> This amendment would only allow new STVRs in RM districts that are in Resorts or Resort <br /> Nodes, and grandfather in existing STVRs in RM districts. In addition to the language changes <br /> above, Section 19 of Bill 147 would also need to be removed. <br /> In conclusion, I am presenting this to the commissions exclusively for the purposes of discussion <br /> based on the testimony received. Since the Council seriously considers the recommendations of <br /> the Planning Commissions as part of our deliberations, I respectfully ask that you provide us <br /> with your guidance on this issue with respect to Bill 147. <br /> Mahalo. <br /> HLK:dbk <br /> cc: Director Jeffrey Darrow, Planning Department <br />