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

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Okay, so the bill indicates that a nonconforming use certificate may be issued for short-term vacation rentals on land in the State Land Use Agricultural District, provided the lot existed before June 4, 1976. And the reason for this date is that all dwellings on lots created after June 4, 1976, are considered by State law to be farm dwellings, which are to be used to house farm workers rather than vacationers. And we did receive a letter from the State Land Use Commission that should be in your packet that confirm that position on State law. The nonconforming use certificates must be renewed annually on or before the expiration date indicated on the certificate. A 250-dollar filing fee is required with the renewal request. And renewal of the certificate may be denied by the Director for the following reasons: One is the applicant has violated provisions of the bill or other pertinent laws; the owner is delinquent in payment of County taxes, fees, fines, or penalties assessed in relation to the operation of the rental; the owner or reachable person has not been reachable; or if there have been police reports or verified neighbor complaints of noise or other disturbance. And then the bill also says the Director must deny a renewal, if the operation has been abandoned for any reason for a continuous period of twelve calendar months. The Director must provide the decision to deny renewal of a certificate in writing and the owner may appeal the decision to the County Board of Appeals within 30 days of receipt of the decision. So before I move on to the next slide, are there any questions from the Commission on nonconforming use certificates? UNGER: I’m probably skipping ahead, but the penalty, does that also apply to permitted areas? For a homeowner in the permitted area, if they have those complaints, etc., can they lose their permit to operate a short-term vacation rental? JACKSON: Yes. UNGER: So then can also. JACKSON: Yes. UNGER: Okay. JACKSON: And I think that’s up ahead in the good neighbor policy, so — UNGER: Okay, yeah, I did jump. JACKSON: — we’ll cover that in a few minutes. All right. So the bill also includes a provision that requires the Director to assess the effect of the permanent loss of nonconforming short-term vacation rentals when a declared emergency occurs, such as lava inundation. The Director can initiate legislative and administrative opportunities to restore losses in rental capacity within the affected district. So, standards for operation of a short-term vacation rental. These standards in these next few slides apply to all short-term vacation rentals – new, existing, nonconforming. So the bill requires that all vacation rentals have an owner or reachable person that resides within the 9 EXHIBIT B