HomeMy WebLinkAboutCOM 0675.160 2022-2024 JdtV OF.......... Phone: (808)961-8828
Heather L. Kimball •��
41111,• Fax: (808)961-8912
Council Chair&Presiding Officer •+• :}' Email:Heather.Kimball a,hawaiicountv.gov
Council District 1 •
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HAWAI`I COUNTY COUNCIL ,
25 Aupuni Street, Ste. 1402. -L ?
Hilo, Hawai'i 96720
Amendment No. 1 r-
DATE: June 27, 2024
TO: 'el Members of the Hawai`i County Council
FROM: Heather L. Kimball, Council Chair, Council District 1
SUBJECT: Proposed Amendments to Bill No. 121; An Ordinance Amending Chapter
25, Articles 1, 4, and 5, of the Hawai`i County Code 1983 (2016 Edition,
as Amended), Relating to Transient Accommodation Rentals and Hosting
Platforms.
Transmitted herewith are proposed amendments to Bill No. 121. The proposed amendments are
shown below in Ramseyer format with respect to the contents of Bill No. 121; material to be
deleted is bracketed and stricken, and material to be inserted is underscored.
SECTION 4 of Bill No. 121, which amends chapter 25, article 4, of the Hawai`i County Code
1983 (2016 Edition, as amended)by adding a division, is amended by amending the following
new sections of said division as hereinbelow provided:
1. Section 25-4-16, entitled"Transient accommodation rental registration required; exceptions",
is amended by amending subsection(b) to read as follows:
"(b) Registration as a transient accommodation rental shall not be required if:
(1) The rental is not being provided to a transient or transients as defined by this
chapter;
(2) There is an emergency declaration enabling temporary shelter for displaced
persons;
(3) The dwelling is the principal home of the host and is provided as a home
exchange and no financial exchange occurs; [or]
(4) The dwelling is being provided to a tenant under a month-to-month lease
subject to chapter 521, Hawai`i Revised Statutes,the Hawai`i residential
landlord-tenant code[.-]; or
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(5) The rental use is subject to a use permit or special permit duly issued prior to
the effective date of this ordinance, which conditions contained therein shall
continue to apply to such use and take precedence over this division, except
insofar as section 25-4-16.17 is applicable to such use."
2. 25-4-16.1 is amended to read as follows:
"Section 25-4-16.1. Owner-hosted transient accommodation rentals.
(a) Where permitted. When the transient accommodation rental is subordinate and
clearly or customarily incidental to its use as the principal home of the owner, a
transient accommodation rental may be registered at any time in any zoning district
subject to the following requirements:
(1) The transient accommodation rental shall be located in a single-family
dwelling, inclusive of a detached bedroom or guesthouse;
(2) The transient accommodation rental shall not be permitted in an additional
farm dwelling, [second dwelling,] additional dwelling unit,or ohana dwelling;
and
(3) The owner shall live in a single-family dwelling on the building site of the
home and not live in a guesthouse or a detached bedroom of a single-family
dwelling.
(b) Nonconforming use.
(1) If the transient accommodation rental has been in regular use in an ohana
dwelling or additional dwelling unit on the same building site, the owner shall
have the burden of proof in establishing that the ohana dwelling or additional
dwelling unit was in use as a transient accommodation rental on or before
[January 1, 2021,] the effective date of this ordinance,and may register by
obtaining a nonconforming use certificate pursuant to this section.
(2) Owner-hosted nonconforming use certificates may only be transferred upon a
change in ownership if the new owner intends to use the property as their
principal home.
(3) Nonconforming use certificates must be renewed annually in accordance with
section 25-4-16.14.
(c) Fees.
(1) Initial registration: $500.
(2) Annual registration renewal: $100.
(3) Nonconforming use certificate: $250.
(4) Annual nonconforming use certificate renewal: $250."
3. Section 25-4-16.2, entitled"Operator-hosted transient accommodation rentals", is amended
by amending subsections (b) and (c),to read as follows:
"(b) Additional conditions.
(1) The transient accommodation rental shall be located in a single-family
dwelling, inclusive of a detached bedroom or guesthouse;
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(2) The transient accommodation rental shall not be permitted in an additional
farm dwelling, [second dwelling,] additional dwelling unit,or ohana dwelling;
and
(3) The operator shall live in a single-family dwelling unit on the building site of
the home and shall not live in a guesthouse or a detached bedroom of a single-
family dwelling."
(c) Nonconforming use.
(1) In districts other than those specified in(a), the owner shall have the burden of
proof in establishing that the property was in regular use as a transient
accommodation rental on or before [January 1, 2024,] the effective date of this
ordinance, and that an operator was residing on the property. The owner may
register by obtaining a nonconforming use certificate pursuant to this section."
(2) Operator-hosted nonconforming use certificates granted may only be
transferred upon change in ownership if the new owner provides evidence of
an operator in the form of a lease or contract with an operator or the new
owner intends to use the property as their principal home.
(3) Nonconforming use certificates must be renewed annually in accordance with
section 25-4-16.14."
4. Section 25-4-16.3, entitled"Un-hosted transient accommodation rentals", is amended by
amending subsection(c) to read as follows:
"(c) Fees.
(1) Initial registration: $1000.
(2) Annual registration renewal: $250.
[(3) Nonconforming use certificate: $500.]
[(4)] (3) Annual nonconforming use certificate renewal: $500."
5. Section 25-4-16.5, entitled"Additional registration requirements; all transient
accommodation rentals", is amended by amending paragraph(1)to read as follows:
"(1) The transient accommodation rental must have off-street parking as required
by the depailnient's transient accommodation rental parking schedule[;] set
forth in section 25-4-51 or applicable parking standards in this chapter;"
6. Section 25-4-16.7 is amended to read as follows:
"Section 25-4-16.7. Rental registration process.
(a) Owners of a transient accommodation rental shall register by submitting a
registration application to the planning department in a format prescribed by the
director. The registration form, at a minimum, shall include:
(1) Property address and tax map key number;
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(2) Name and contact information for the property owner. Name and contact
information for the operator, if different from the property owner, or the
reachable person if the transient accommodation rental is un-hosted;
(3) If required pursuant to chapter 467, Hawai`i Revised Statutes, a copy of a
current, valid real estate broker's license or real estate salesperson's license;
(4) Submittal of a site drawing, drawn to scale, showing the location of all
structures on the site,the transient accommodation rental, and requisite off-
street parking;
(5) Submittal of a floor plan showing the location of the rooms for rent,the layout
of the transient accommodation rental and emergency exits;
(6) A [notarized affidavit] declaration in a format determined by the director[, and
submitted under penalty of perjury,] that the transient accommodation rental
meets health, safety, and code requirements;
(7) A maximum renter limit [calculation;], calculated at two more than twice the
number of bedrooms for rent of the transient accommodation rental; and
(8) Copies of a current State of Hawai`i general excise tax license[;] and current
transient accommodation tax license.
[{9) County of Hawai`i real property tax clearance certificate.]
(b) Upon acceptance of a registration application and determination that it is accurate
and complete, the planning director shall issue the property owner a transient
accommodation rental registration number."
7. Section 25-4-16.13, entitled"Hosted transient accommodation rental nonconforming use
certificate", is amended by amending subsection (a)to read as follows:
"(a) Applicants that have been approved for owner-hosted and operator-hosted transient
accommodation rental nonconforming use certificates must notify by letter all
owners and lessees of record of all lots of which any portion is within three hundred
feet of any point along the perimeter boundary of the transient accommodation
rental property[.-] within sixty days of approval. The notification letter shall provide
detailed information about the transient accommodation rental operation including:
the transient accommodation rental registration number;number of units being
rented; maximum number of renters permitted; number and location of required off-
street parking spaces; and contact information for the host or reachable person[; and
instructions on how to submit complaints to the planning department about the
subject rental operation]."
8. Section 25-4-16.17 is amended to read as follows:
"Section 25-4-16.17. Transient accommodation rental operation standards.
[The transient accommodation rental operation] All transient accommodation
rentals shall comply with the following standards, which shall be prominently displayed
within the rental.
(1) Posted information and responsive management standards.
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(A) For hosted rentals, a host shall physically reside on the same building
site as the transient accommodation rental during transient
accommodation rental operations and shall be reachable at the request of
renters, neighbors, and County agencies within one hour of a request. A
copy of the registration as well as the host's name and phone number,
shall be displayed in a conspicuous place on the premises that is readily
visible to any occupants. In emergency or unforeseen circumstances, the
host may request a temporary exception from this standard from the
director.
(B) For un-hosted rentals, a reachable person shall respond via telephone to
a request from a guest, neighbor, or County agency within one hour of
receiving that request and shall be physically present at the transient
accommodation rental within three hours of receiving a call from a
renter, neighbor, or County agency, when that renter, neighbor, or
County agency requests the presence of the reachable person. A copy of
the registration as well as the host's name and phone number, shall be
displayed in a conspicuous place on the premises that is readily visible
to any occupants.
(C) The registration and the nonconforming use or hosted nonconforming
use certificates if applicable, shall be displayed in a conspicuous place
on the premises that is readily visible to an inspector. In the event that a
single address is associated with numerous nonconforming use
certificates, a listing of all units at that address holding current
certificates may be displayed in a conspicuous, readily visible common
area instead.
(2) Good neighbor standards.
(A) [The] Unless established otherwise by the director, the renter limit for
adult occupants in transient accommodation rentals shall [not exceed the
renter limit established at the initial registration of the property.] be as
calculated at the time of the registration application.
(B) All overnight renters shall be registered with the owner or host and shall,
in the rental agreement, agree to comply with the terms of use of the
property.
(C) [Gatheringe limited to two times the o o ght] The maximum
gathering size shall not exceed double the overall renter limit and shall
only use [the] off-street parking
] or legal on-street parking.
(D) In hosted transient accommodation rentals, only breakfast meals may be
offered to guests. The serving of breakfast meals on the building site, for
a fee to individuals other than registered guests shall be prohibited.
Owners shall secure any required permit from the State department of
health for the service of breakfast meals.
(E) Weddings, wedding receptions, concerts, or events, are prohibited unless
allowed by special permit or use permit.
(F) Applicants, owners, operators, reachable persons, and renters shall
comply with the terms of special [use] permit or use permit conditions to
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mitigate the impacts of the event on surrounding properties, including
but not limited to: event size; type of event; temporary structures; use of
sound amplifying devices; parking requirements; and additional
insurance coverage.
(G) Quiet hours shall be from [8:00 p.m. to 7:00 a.m.,] 10:00 p.m. to 8:00
a.m.,during which time the noise from the transient accommodation
rental shall not disturb adjacent neighbors. Sound that is audible beyond
the property boundaries during non-quiet hours shall not exceed the
standards set forth in title 11, chapter 46, Hawai`i Administrative Rules.
For the purposes of this section, "audible"means [sound] perceptible by
a person without the use of a sound detection device or audio aides.
Violations of this standard shall be reported to the Hawai`i County
police department.
(H) Off-street parking shall meet the requirements set forth in section 25-4-
51 and applicable parking standards in this chapter, and all guest
vehicles shall be parked in the designated onsite parking area.
(3) Advertising and signage standards.
(A) All print and internet advertising of transient accommodation rentals,
including listings with a rental service or real estate firm, shall include
the registration number and the nonconforming use certificate number or
hosted nonconforming use certificate number.
(B) Advertising or promoting a transient accommodation rental as a venue
for weddings, wedding receptions, concerts, or events, and providing
any professional services to anyone other than registered guests of a
transient accommodation rental is prohibited unless allowed by special
permit or use permit.
(C) Any commercial signage that advertises a transient accommodation
rental shall comply with the requirements of section 22-2.6 and chapter
3 of the Hawai`i County Code.
(D) Except for multi-family units, signage indicating the street address of the
transient accommodation rental [and the registration number] should be
clearly visible from the main roadway used to access the property."
9. Section 25-4-16.20 is amended to read as follows:
"Section 25-4-16.20. Complaints,violations, and public information.
The director shall:
(1) Receive and track complaints regarding transient accommodation rentals;
(2) Establish and maintain administrative rules for determining if a complaint is
valid and there has been a violation;
(3) Provide information about rules,policies, and procedures pertaining to
transient accommodation rentals to property owners, operators, neighbors, and
the general public; and
(4) Maintain [a public list] and keep available for public reference, both in the
office of the director and in an electronic format, a current list of all transient
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accommodation rentals that have registered or received a nonconforming use
certificate and any violations associated with the property."
10. Section 25-4-16.27 is amended to read as follows:
"Section 25-4-16.27. Director duties in event of emergency.
In the event of a declared emergency, natural or manmade, where a significant
number of[hosted] nonconforming use transient accommodation rentals are permanently
lost within any given judicial district, the director shall assess the effect of such loss upon
the affected district and if deemed necessary, initiate legislative and administrative
opportunities to restore [hosted] transient accommodation rental capacity to primary
residents who relocate within the affected district."
A copy of the new draft of this bill that will result if these proposed amendments are adopted is
not attached.
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