2018-09-20 Leeward Exh B (Bill 108 re Short-term Vacation Rentals)

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Okay, Recommendation No. 7 is to reformat the proposed “Registration” subsection to require that all existing short-term vacation rentals submit a registration form within 180 days of the effective date of the ordinance. And I have talked about this one earlier; this is just to reformat the bill to require all short-term vacation rentals become registered. Recommendation 8 is to just add the word “permanently,” ceases operation, to Section 25-4- XX(b)(4). This is just to provide clarity so that the vacation rental owner only notifies the Director when the operation permanently ceases. And Recommendation 9. Under the “Standards” section, consider removing or clarifying the purpose of Section (2)(C). So this language is on Page 3 under the “Good neighbor policy,” and I’m talking now about Section (2)(C). So currently the language says, “Sound generated by any machine or device that is audible at a distance of fifty feet from the machine or device producing the sound is prohibited.” And the bill, this language is not clear as to what type of device is prohibited, for example, it seems that equipment used to maintain the rental, such as lawnmowers, leaf blowers, would be prohibited. And looking at the good neighbor policy, there is a policy just previous to this one, and I’ll read it, it says, “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.” So the Planning Director feels that this policy is sufficient to address noise, and would either suggest clarifying the purpose of Section (2)(C) or eliminating it. Recommendation 10 is to add a sentence instructing the Director to establish and maintain a list of all short-term vacation rentals that have registered or received a nonconforming use certificate. So in addition to tracking complaints, the Department should be responsible for keeping an up-to-date list of active, permitted rentals throughout the county. And currently Bill 108 only requires the Director to track complaints, so we are just suggesting this be added to also track actual vacation rentals that are registered. Recommendation 11. This is just a housekeeping issue. It says – let’s see, where are we here – the Director shall adopt rules, in accordance with chapter 91 for the purpose of implementing this sections, and the current language says, “implementing the subsection,” and we are suggesting changing it to “implementing the sections of Chapter 25 related to short-term vacation rentals” so that the rules apply to all regulation of the vacation rentals as outlined in this bill. Recommendation 12 would be to reword the language in the nonconforming use certificate section. This is on Page 4 of the bill. And the suggestion is to change it to say, “Agricultural Lands. In the State Land Use Agricultural district, a short-term vacation rental nonconforming use certificate may only be issued for single-family dwellings on lots created before June 4, 1976.” And that’s just to clarify that nonconforming use certificates will not be issued for rentals on lots created after ’76 pursuant to State law, which requires that farm dwellings be used only to house farm workers. Recommendation 13 is to add the following language to the bill: “The renewal request” – this is, this is in the nonconforming use certificate section – “The renewal request and renewal fee was not received on or before the expiration date indicated on the certificate.” So this would be 15 EXHIBIT B