HomeMy WebLinkAboutCOM 0675.169 2022-2024 J�tV OF k''•
HEATHER L. KIMBALL :'u�• Phone: (808)961-8828
COUNCIL CHAIR
Council District 1 (North Hilo, '; Fax: (808)961 8912
+ `�' .;,./r:•; Email:Heather.Kimball a,hawaiicozmty.gov
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Hamakua, and portion of Waimea)
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HAWAII COUNTY COUNCIL
25 Aupuni Street, Ste. 1402.
Hilo, Hawai'i 96720
DATE: July 8, 2024 -i
CO c-
TO: Members of the Hawai`i County Council
•
FROM: Heather L. Kimball, Council Chair L;y�(�
Council District 1
SUBJECT: Proposed Draft of Bill No. 121
Transmitted herewith is a copy of the new draft of Bill No. 121 that will result if the proposed
amendments contained within Communication Nos. 675.160, 675.161, 675.162, 675.163,
675.164, and 675.165 are adopted.
I request that the attached draft be distributed to the members of the Policy Committee on
Planning, Land Use, and Development to aid the Committee in its consideration of Bill No. 121.
HK:dbk
Att.
Comm. No. 5• `2q
Ref. To:
Hawai'I County is an Equal Opportunity Provider and Employer.
Ref. Date L
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.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983
(2016 Edition, as amended), is amended by repealing the definition of"short term vacation
rental".
['Short term vacation rental"means a dwelling unit of which the owner or operator does
not reside on the building site,that has no more than five bedrooms for rent on the building site,
and is rented for a period of thirty consecutive days or less. This definition does not include the
short term use of an owner's primary residence as defined under section 121 of the Internal
Revenue Code."]
SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983
(2016 Edition, as amended), is amended by adding the following new definitions to be
appropriately inserted and to read as follows:
'Booking services"means intermediary services that facilitate the advertisements and
listings of, reservations of, or collection of payment for transient accommodation rentals."
'Event"means a formal congregation, which may or may not include the engagement of
professional services, that is not typical in residential areas, such as wedding receptions,
concerts, or promotional events."
'Gathering"means an informal congregation typical of residential areas, such as a picnic,
family dinner, or small birthday party, where attendees stay within the parking area
accompanying a transient accommodation rental."
"Hosting platform"means a business or person that provides a marketplace through which
transient accommodation rentals may be offered for rent."
'Operator"means any person operating a transient accommodation rental on behalf of a
property owner, who resides on the same building site as the transient accommodation rental and
uses it as their permanent address for legal purposes."
'Operator-hosted"means any transient accommodation rental hosted by an operator."
'Owner-hosted"means any transient accommodation rental hosted by a person who uses
the building site as their principal home."
""Principal home"means a principal home as defined in section 19-71(e), Hawai`i County
Code."
'Transient" or"transients"means any visitor or person who rents or uses a lodging or
dwelling unit, or portion thereof, for thirty consecutive days or less and whose permanent
address for legal purposes is not the transient accommodation rental. This definition shall not
apply to:
(1) Nonpaying guests of the family occupying the unit;
(2) Clients in health care facilities;
(3) Full-time students enrolled in an educational institution in the County of Hawai`i;
(4) Employees who receive room and/or board as part of their salary or compensation
including agricultural workers;
(5) Occupants of group living facilities, authorized by the department of health:
(6) Military personnel;
(7) Health care workers temporarily employed at a medical facility in the County of
Hawai`i1
(8) Low-income renters receiving rental subsistence from the state or federal
governments whose rental periods are for durations shorter than thirty days; or
(9) Occupants of lodging provided by nonprofit corporations or associations for religious,
charitable, or education purposes; provided that no income is produced, even if the
income is used for or in furtherance of the exempt activities of such religious,
charitable, or educational corporation or association."
'Transient accommodation"means the furnishing of a room, apartment, suite, single
family dwelling, or the like to a transient for thirty consecutive days or less."
'Transient" accommodation rental"means transient accommodations excluding:
(1) Hotels, motels, and inns;
(2) Apartment hotels;
c3) Boarding facilities;
(4) Lodges; and
(5) Timeshares."
""Un-hosted"means any transient accommodation rental that is not the principal home of
the property owner and without an operator located on the same building site during rental
operations."
'Verified complaint"means any complaint filed on a complaint form prepared by the
planning department pursuant to rule 9 of the planning department rules of practice and
procedure or forwarded to the department and verified as a zoning code violation by the
director."
SECTION 3. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983
(2016 Edition, as amended) is amended by amending the definition of"reachable"to read as
follows:
""Reachable"means being able to:
(1) Respond via telephone to a request from a guest, neighbor, or County agency within
one hour of receiving that request; and
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(2) Be physically present at the [short term vacation] transient accommodation rental
within three hours of receiving a call from a guest, neighbor, or County agency,
when that guest, neighbor, or County agency requests the presence of the reachable
person."
SECTION 4. Chapter 25, article 4, sections 25-4-16, 25-4-16.1, 25-4-16.2, and
25-4-16.3, of the Hawai`i County Code 1983 (2016 Edition, as amended), are repealed.
SECTION 5. Chapter 25, article 4, of the Hawai`i County Code 1983 (2016 Edition, as
amended), is amended by adding the following new division to read as follows:
"Division 1.1. Use Regulations—Transient Accommodation Rentals.
Section 25-4-16. Transient accommodation rental registration required; exceptions.
fa) The County of Hawai`i recognizes three types of transient accommodation rentals:
owner-hosted, operator-hosted, and un-hosted. All three types of transient
accommodation rentals must be registered with the planning department as permitted
in sections 25-4-16.1, 25-4-16.2 and 25-4-16.3, except as provided in subsection (b).
fb) 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;
(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
(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.
cc) Any property owner that claims an exception set forth in this section where there is
prima facie evidence to the contrary, shall be considered to be in violation of this
chapter and subject to the fines set forth in section 25-4.16.19.
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, additional dwelling unit, or ohana dwelling; and
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(3) The owner shall live on the building site of the transient accommodation rental.
(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 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.
fc) Fees.
(1) Initial registration: $500.
(2) Annual registration renewal: $100.
(3) Nonconforming use certificate: $250.
(4) Annual nonconforming use certificate renewal: $250.
Section 25-4-16.2 Operator-hosted transient accommodation rentals.
(a) Where permitted. When the transient accommodation rental is subordinate and clearly
or customarily incidental to the use as the residence and permanent address of the
operator, a transient accommodation rental may be registered at any time subject to
the following requirements in the following districts:
(1) V, CG, CN, CV, and CDH districts, including these districts situated within a
project district;
(2) Residential districts, situated in general plan resort and resort node areas,
including areas designated as open in the general plan which adjoin the resort or
resort node areas along the shoreline and areas within a project district; and
(3) RM district, for multiple family dwellings within a condominium property
regime as defined and governed by chapters 514A or 514B, Hawai`i Revised
Statutes, including within a project district.
(b) Additional conditions.
1'l) 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, additional dwelling unit, or ohana dwelling; and
f 3) The operator shall live on the building site of the transient accommodation
rental.
(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 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
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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.
(d) Fees.
(1) Initial registration: $750.
(2) Annual registration renewal: $150.
(3) Nonconforming use certificate: $375.
(4) Annual nonconforming use certificate renewal: $375.
Section 25-4-16.3 Un-hosted transient accommodation rentals.
(a) Where permitted. Un-hosted transient accommodation rentals may be registered at
any time in the following districts:
(1) V, CG, CN, CV, and CDH districts, including these districts situated within a
project district
(2) Residential districts, situated in general plan resort and resort node areas,
including areas designated as open in the general plan which adjoin the resort or
resort node areas along the shoreline and areas within a project district and
(3) RM district, for multiple family dwellings within a condominium property
regime as defined and governed by chapters 514A or 514B, Hawai`i Revised
Statutes, including within a project district.
(b) Nonconforming use.
(1) In districts other than those specified in subsection(a), un-hosted transient
accommodation rentals may only operate with an existing nonconforming use
certificate.
(2) No additional nonconforming use certificates shall be issued for un-hosted
transient accommodation rentals.
(3) Nonconforming use certificates must be renewed annually in accordance with
section 25-4-16.14.
(c) Fees.
(1) Initial registration: $1000.
(2) Annual registration renewal: $250.
(3) Annual nonconforming use certificate renewal: $500.
Section 25-4-16.4. Transient accommodation rental registration and nonconforming
use fee schedule.
TRANSIENT ACCOMMODATION RENTAL REGISTRATION AND
NONCONFORMING USE FEE SCHEDULE
Initial Annual Registration NUC Initial &
Rental Type Registration Renewal Annual Renewal_
Owner-Hosted $500 $100 $250
Operator-Hosted $750 $150 $375
Un-hosted $1000 $250 $500
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Section 25-4-16.5. Additional registration requirements; all transient
accommodation rentals.
To register, all transient accommodation rentals must also satisfy the following
requirements:
(1) The transient accommodation rental must have off-street parking as required by
the department's transient accommodation rental parking schedule set forth in
section 25-4-51 or applicable parking standards in this chapter;
(2) The transient accommodation rental must meet health, safety, and construction
code requirements established by law;
(3) Owners of transient accommodation rentals must have State of Hawai`i general
excise tax and transient accommodation tax licenses that are in effect; and
(4) Owners of transient accommodation rentals must be current on their Hawai`i
County real property taxes,that is,they must be paid in full.
Section 25-4-16.6. When to register.
(a) Existing owner-hosted and operator-hosted transient accommodation rentals in
operation on or before June 30, 2024, who have submitted a registration application
and the initial registration fee on or before June 30, 2025, shall be allowed to continue
to operate until such time as their application is approved or denied by the department
subject to the standards in section 25-4-16.17 and fines in section 25-4-16.19.
(b) Existing un-hosted transient accommodation rentals that were previously registered as
short term vacation rentals shall not be required to reregister, however,they will be
required to renew their registration annually in accordance with section 25-4-16.9.
(c) Any new transient accommodation rentals shall be registered with the director prior to
use of such rental and upon payment of the initial registration fee.
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;
(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, Hawaii 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 declaration in a format determined by the director that the transient
accommodation rental meets health, safety, and code requirements;
(7) A maximum renter limit, calculated at two more than twice the number of
bedrooms for rent of the transient accommodation rental; and
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(8) Copies of a current State of Hawai`i general excise tax license and current
transient accommodation tax license.
(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.
Section 25-4-16.8. Failure to register.
Any transient accommodation rental that has not lawfully registered shall be
considered an unpeuiiitted use and subject to the fines set forth in section 25-4-16.19 until
the rental is properly registered or ceases to operate as a transient accommodation rental.
Section 25-4-16.9. Annual renewal of registration required.
(a) All transient accommodation rental registrations shall be renewed annually.
(b) Transient accommodation rental owners shall submit their registration renewal by the
following deadlines:
(1) For transient accommodation rentals registered on or prior to June 30, 2025, on
or prior to a date specified by the director; or
c2) For transient accommodation rentals registered after June 30, 2025, on or before
the date that the transient accommodation rental registration number was issued
by the department.
(c) In addition to any requirements established by the department's rules, all renewal
applications shall include:
(1) Evidence that real property taxes and County of Hawai`i transient
accommodation taxes for the rental were paid in full during the previous year;
and
(2) Payment of an annual renewal fee.
(d) If the renewal is submitted within ninety days after the due date, a late renewal fee of
$100 shall be assessed.
Section 25-4-16.10. Annual renewal of registration; denial.
Renewal of a registration may be denied if the director verifies any of the following:
(1) The applicant has violated pertinent laws;
(2) The affidavit affirming that the transient accommodation rental meets all health.,
safety and code requirements is found to be inaccurate;
(3) The owner is delinquent in payment of County property taxes, transient
accommodation taxes, fees, fines, or penalties assessed in relation to the
transient accommodation rental;
(4) Evidence of non-responsive management, such as issuance of a notice of
violation, police reports, or verified complaints of noise or other disturbances
relating to the transient accommodation rental operations;
(5) The renewal request and renewal fee were not received within ninety days of the
expiration date indicated on the certificate; or
(6) Any violation of standards set forth in section 25-4-16.17.
Section 25-4-16.11. Notice of denial of registration renewal and appeal.
(a) Notice of a decision by the director to deny a registration renewal shall be transmitted
in writing to the property owner.
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(b) Within thirty days after the transmittal of a notice of denial,the owner may appeal to
the board of appeals as provided by section 6-9.2, County Charter, and sections 25-2-
20 through 25-2-25.
Section 25-4-16.12. Transient accommodation changes of information; ownership.
(a) Owners shall notify the director by submitting a change of information form when
there have been changes to:
(1) The host or the host's contact information;
(2) The reachable person or the reachable person's contact information;
(3) The number of bedrooms included in the transient accommodation rental;
(4) The site plan, floor plan, or the structure of the transient accommodation rental;
or
(5) A transient accommodation rental establishment permanently ceases to operate
for any reason.
(b) Upon change in ownership, a change of ownership form and a change of registration
fee of$250 shall be submitted to the planning department by the new owner within
ninety days of the change in ownership.
Section 25-4-16.13. Hosted transient accommodation rental nonconforming use
certificate.
(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.
(b) Owner-hosted and operator-hosted transient accommodation rentals who have
submitted a nonconforming use certificate application and the application fee on or
before June 30, 2025 shall be allowed to continue to operate until such time as their
application is determined to be accurate and complete by the department subject to
the standards in section 25-4-16.17 and fines in section 25-4-16.19.
(c) If at any time an owner-hosted or operator-hosted transient accommodation rental
with a nonconforming use certificate is found to be un-hosted, the transient
accommodation rental registration and the hosted nonconforming use certificate shall
be revoked and a fine shall be imposed in accordance with the schedule established in
section 25-4-16.19.
Section 25-4-16.14. Annual renewal of nonconforming use certificates.
(a) Nonconforming use certificates must be renewed every year on or before the
expiration date indicated on the certificate.
(b) At the time of renewal, a renewal fee shall be remitted in accordance with the
schedule in section 25-4-16.4.
cc) For nonconforming use certificate renewals submitted within ninety days after the
due date, a late renewal fee of$100 shall be assessed.
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(d) Nonconforming use certificates overdue by more than ninety days will not be
accepted and the failure to renew shall be considered voluntary forfeiture of the
certificate, rendering the certificate ineligible for further renewal.
Section 25-4-16.15. Annual renewal of nonconforming use certificates; denial.
Renewal of a nonconforming use certificate may be denied if the director verifies any
of the following:
(1) The applicant has violated pertinent laws;
C21 The affidavit affirming that the transient accommodation rental meets all health,
safety, and code requirements is found to be inaccurate;
(3) The owner is delinquent in payment of County property taxes,transient
accommodation taxes, fees, fines, or penalties assessed in relation to the
transient accommodation rental;
(4) Evidence of non-responsive management, such as issuance of a notice of
violation, police reports, or verified complaints of noise or other disturbances
relating to the transient accommodation rental operations;
(5) The renewal request and renewal fee were not received within ninety days of the
expiration date indicated on the certificate;
(6) Any violation of standards set forth in section 25-4-16.17; or
(7) The transient accommodation rental has been abandoned pursuant to section
25-4-62.
Section 25-4-16.16. Notice of denial of a nonconforming use certificate application or
renewal and appeal.
(a) Notice of a decision by the director to deny a nonconforming use certificate or
renewal of a nonconforming use certificate shall be transmitted in writing to the
property owner.
(b) Within thirty days after the transmittal of a notice of denial, the owner may appeal to
the board of appeals as provided by section 6-9.2, Hawai`i County Charter, and
sections 25-2-20 through 25-2-25.
Section 25-4-16.17. Transient accommodation rental operation standards.
All transient accommodation rentals shall comply with the following standards,
which shall be prominently displayed within the rental.
11) Posted information and responsive management standards.
(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,
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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) Unless established otherwise by the director, the renter limit for adult
occupants in transient accommodation rentals shall 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) The maximum gathering size shall not exceed double the overall renter
limit and shall only use 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 permit or use permit conditions to 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 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 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, the nonconforming use certificate number or hosted
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nonconforming use certificate number, and any special permit or use
permit numbers associated with the transient accommodation rental.
(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 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 should be clearly visible from the main
roadway used to access the property.
(E) An owner-hosted transient accommodation rental may be advertised as a
bed and breakfast, provided that the requirements of section 25-4-
16.17(2)(D) are met.
Section 25-4-16.18. Prima facie evidence; transient accommodation rentals.
fa) The following shall constitute prima facie evidence that a transient accommodation
rental is operating on a property and the conditions under which it is operating_
(1) Advertising of any sort that offers a property as a transient accommodation
rental;
(2) The ability of the planning department to book the rental under any of the
conditions defined by this section as requiring transient accommodation rental
registration;
f3) Hawai`i County transient accommodation tax receipts; or
(4) In the event that the County enters into a contract with third party hosting
platforms to provide transient accommodation rental listing information, a
report provided by the engaged third party.
(b) The burden of proof shall be on the owner to establish either that the property is not
being used as a transient accommodation rental or that it is being used for such
purpose legally.
Section 25-4-16.19. Transient accommodation rental fee and fine schedule.
TRANSIENT ACCOMMODATION RENTAL FEES
Change in ownership $250
Late fee registration or nonconforming use certificate renewal $100
TRANSIENT ACCOMMODATION RENTAL FINE SCHEDULE
First Violation $2,500
Second Violation $5,000
Third Violation $10,000
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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 and keep available for public reference, both in the office of the
director and in an electronic format, a current list of all transient
accommodation rentals that have registered or received a nonconforming use
certificate and any violations associated with the property.
Section 25-4-16.21. Transient accommodation rental enforcement account.
(a) The "short-term vacation rental enforcement fund" created pursuant to section 10-12,
Hawai`i County Charter, shall be renamed the "transient accommodation rental
enforcement fund." This fund shall be administered by the director.
(b) This account shall be funded by all fees and fines collected in connection with the
administration and enforcement of the County's transient accommodation rental law.
(c) The funds in this account shall be utilized to pay for expenses that facilitate the
administration and enforcement of the County's transient accommodation rental law.
Section 25-4-16.22. Transient accommodation rental administrative enforcement.
(a) If the director finds that any persons have violated the provisions of this chapter, in
addition to the fines established in section 16-4-16.19 and any criminal fines, the
director shall impose additional fines in the amount of two times the highest daily rate
at which the transient accommodation rental has been advertised.
(b) The owner and host shall be jointly and severally liable for all fees and fines imposed
in connection with the transient accommodation rental.
Section 25-4-16.23. Notice of violation and appeal.
(a) Notice of a violation of the transient accommodation rental standards shall be
transmitted in writing within ten days of the director's determination that a violation
has been committed. Written notice of violation shall be provided via certified mail.
(b) Service of the notice of violation upon the operator shall be effective as though served
upon the host and the property owner. In the event that the operator is not the
property owner, a copy of the notice of violation shall also be mailed to the property
owner at the address of the property owner on file with the real property tax division
of the County of Hawai`i.
(c) Within thirty days after the transmittal of the notice of violation and order, any person
adversely affected by the notice of violation and order may appeal the notice of
violation and order to the board of appeals as provided by section 6-9.2, Hawai`i
County Charter and sections 25-2-20 through 25-2-25, Hawai`i County Code. An
appeal to the board of appeals shall not stay the provisions of the order pending the
final decision of the board of appeals.
12
Section 25-4-16.24. Suspension and nonrenewal of transient accommodation rental
registrations and nonconforming use certificates.
(a) If a transient accommodation rental receives three or more enforcement actions in
violation of this chapter within a twelve-month period, the director shall suspend their
transient accommodation rental registration and their nonconforming use certificate if
applicable, for a period of two years.
(b) The director may also refuse to renew a certificate of registration if the applicant has
not addressed an enforcement violation.
Section 25-4-16.25. Property tax assessment for transient accommodation rentals.
(a) When any portion of a dwelling is rented or leased for less than one hundred eighty
days at a time during the assessment year, the entire property will be ineligible for the
real property homeowner tax classification pursuant to section 19-53. The real
property tax homeowner exemption will apply proportionally to the area exclusively
occupied by the homeowner pursuant to section 19-71.
(b) When the entire dwelling is rented or leased for less than one hundred eighty days at a
time during the assessment year, the entire property will be ineligible for the real
property homeowner exemption and the real property homeowner tax classification
pursuant to sections 19-71 and 19-72.
(c) If there is more than one dwelling on a property, and the owner resides in one
dwelling and rents or leases another dwelling for anything other than affordable rental
housing (which requires an application be submitted to the real property tax division),
the entire property is ineligible for the real property homeowner tax classification
pursuant to section 19-53. The real property tax homeowner exemption will apply
proportionally to the area exclusively occupied by the homeowner pursuant to section
19-71.
(d) One hundred eighty days as referred to in this section is the consecutive total of days
rented to a single tenant. Advertising or application for a transient accommodation
rental or nonconforming use certificate will be considered as prima facia evidence.
Section 25-4-16.26. Property tax amnesty for transient accommodation rentals.
(a) For the purpose of ensuring compliance with the registration requirements for
transient accommodation rentals, a tax amnesty period shall be established.
(b) Owners who have been operating an owner-hosted transient accommodation rental
who submit a notarized affidavit to the real property tax department by December 31,
2024 indicating that they will cease transient accommodation rental operations as of
the date the affidavit is signed, shall remain in the homeowner tax classification and
shall not be liable for rollback taxes based on the loss of the homeowners tax class for
the tax years 2022, 2023, and 2024. If transient accommodation rental operations do
not cease as indicated in the affidavit, a rollback of the current year and two prior
years, a ten percent penalty, and a fine will be assessed.
(c) Owners who have been operating an owner-hosted transient accommodation rental
and register the rental in accordance with this chapter by December 31, 2024 shall be
assessed in accordance with chapter 19 for the subsequent tax year but shall not be
liable for rollback taxes based on the loss of the homeowners tax class for the tax
years 2023 and 2024.
13
(d) The amnesty program shall not retroactively apply to property owners who have
already been subject to property tax adjustments based on previous transient
accommodation rental operations.
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 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 transient accommodation rental capacity to primary residents who relocate within
the affected district."
SECTION 6. Chapter 25, article 4, of the Hawai`i County Code 1983 (2016 Edition, as
amended), is amended by adding the following new division to read as follows:
"Division 1.2. Hosting Platforms,Transient Accommodation Rentals.
Section 25-4-17. Booking services.
(a) Any person or entity acting as, or on behalf of, a hosting platform shall not provide and
collect, or receive a fee for booking services in connection with any transient
accommodation rental that is not lawfully registered or permitted pursuant to this chapter.
fb) Hosting platforms shall not collect nor receive a fee, directly or indirectly through an agent
or intermediary, for facilitating or providing services ancillary to a transient
accommodation rental that is not lawfully registered or permitted pursuant to this chapter or
does not have the appropriate use permit issued pursuant to this chapter. Prohibited
ancillary services shall include insurance, concierge services, catering, restaurant bookings,
tours, guide services, entertainment, cleaning, property management, or maintenance of the
residential property or unit.
Section 25-4-17.1. Registration.
fa) Hosting platforms shall not provide booking services to owners or operators of transient
accommodation rentals without first registering with the department. To register, a hosting
platform shall complete and provide a hosting platform registration to the director in a form
prescribed by the director, pay a registration fee of$100, and agree in writing to:
(1) Obtain written consent from all owners or operators of transient accommodation
rentals for the disclosure of the information required by the director; and
(2) Furnish such information to the County in accordance with section 25-4-17.2.
f b) A hosting platform may cancel its registration by delivering written notice of cancellation
to the director.
(c) The director may cancel a hosting platform's registration for cause, including any violation
of this division.
(d) Nothing in this section relieves the owner or operator of a transient accommodation rental
from the registration requirements set forth in this chapter.
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Section 25-4-17.2. Reporting.
(a) All hosting platforms registered pursuant to section 25-4-17.1 shall submit a monthly report
to the director on the date and in the format prescribed by the director, for any transient
accommodation rental located within the County for which the hosting platform provided
booking services in the preceding month. The report shall include:
(1) The tax map key number of each listing; and
(2) The transient accommodations tax identification number of the owner or operator of
the transient accommodation rental;
(b) The director may disclose such information to the appropriate State or County officials to
ensure compliance with this Code, State tax laws, and County tax ordinances, and any
applicable land use laws and ordinances.
Section 25-4-17-3. Penalties.
Any violation of this division shall be subject to a civil fine of not less than$1,000 and not
more than $10,000 for each day that the violation continues.
Section 25-4-17.4. Notice of violation and order; cancelation of registration; appeal.
(a) A notice of a violation and order shall be transmitted in writing to the hosting platform
within ten days of determination by the director that a violation has been committed.
(b) Notice of registration cancellation shall be transmitted in writing to the hosting platform no
later than ninety days prior to the effective date of cancellation.
(c) Within thirty days after the transmittal of the notice of violation and order or cancellation
of registration, any person adversely affected by the notice of violation and order may
appeal the notice of violation and order or cancellation of registration to the board of
appeals as provided by section 6-9.2, Hawai`i County Charter, and sections 25-2-20
through 25-2-25.An appeal to the board of appeals shall not stay the provisions of the order
pending the final decision of the board of appeals."
SECTION 7. Chapter 25, article 5, division 1, section 25-5-3, of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended by amending subsection(a) to read as
follows:
"(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings,single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model homes, as permitted under section 25-4-8.
15
(11) Neighborhood parks,playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(12) Public uses and structures, as permitted under section 25-4-11.
[(13) Short term vacation rentals situated in the general plan resort and resort node
areas.]
[(4-4)] (13) Temporary real estate offices, as permitted under section 25-4-8.
(14) Transient accommodation rentals,Operator-hosted,situated in either of the
following:
(A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline., or
(B) Areas within a project district.
(15) Transient accommodation rentals, Owner-hosted.
(16) Transient accommodation rentals,Un-hosted, situated in either of the following:
(A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline., or
(B) Areas within a project district.
[(15)] (17) Utility substations, as permitted under section 25-4-11."
SECTION 8. Chapter 25, article 5, division 2, section 25-5-22, of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
"(a) The following uses shall be permitted in the RD district:
(1) Adult day care homes.
(2) Bed and breakfast establishments as permitted under section 25-4-7.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Crop production.
(6) Dwellings, double-family or duplex.
(7) Dwellings, single-family.
(8) Family child care homes.
(9) Group living facilities.
(10) Home occupations, as permitted under section 25-4-13.
(11) Meeting facilities.
(12) Model homes, as permitted under section 25-4-8.
(13) Neighborhood parks,playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(14) Public uses and structures, as permitted under section 25-4-11.
[(15) Short term vacation rentals situated in the general plan resort and resort node
areas-.]
[( }] (15) Temporary real estate offices, as permitted under section 25-4-8.
(16) Transient accommodation rentals, Operator-hosted, situated in either of the
following:
(A) General plan resort and resort node areas, including areas designated as
16
open in the general plan which adjoin the resort or resort node areas
along the shoreline; or
(B) Areas within a project district.
(17) Transient accommodation rentals, Owner-hosted.
(18) Transient accommodation rentals,Un-hosted, situated in either of the following:
(A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline; or
(B) Areas within a project district.
[{17)] (19) Utility substations, as permitted under section 25-4-11."
SECTION 9. Chapter 25, article 5, division 3, section 25-5-32, of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a)to read as
follows:
"(a) The following uses shall be permitted in the RM district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities,rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Commercial or personal service uses, on a small scale, as approved by the
director,provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employees.
(6) Community buildings, as permitted under section 25-4-11.
(7) Crop production.
(8) Dwellings, double-family or duplex.
(9) Dwellings,multiple-family.
(10) Dwellings, single-family.
(11) Family child care homes.
(12) Group living facilities.
(13) Home occupations, as permitted under section 25-4-13.
(14) Meeting facilities.
(15) Model homes, as permitted under section 25-4-8.
(16) Neighborhood parks,playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(17) Public uses and structures, as permitted under section 25-4-11.
[{18) Short term vacation rentals situated in any of the following:
(A) General plan resort and resort node areas.
(B) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and
governed by chapters 514A or 514B, Hawai`i Revised Statutes.]
[{�93] (18) Temporary real estate offices, as permitted under section 25-4-8.
[( )] (19) Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort areas identified by
17
the general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council,by resolution.
(20) Transient accommodation rentals, Operator-hosted, situated in any of the
following:
(A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline;
(B) Areas within a project district; or
(C) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and
governed by chapter 514A or 514B, Hawai`i Revised Statutes.
(21) Transient accommodation rental, Owner-hosted.
(22) Transient accommodation rentals, Un-hosted situated in any of the following:
(A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline;
(B) Areas within a project district; or
(C) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and
governed by chapter 514A or 514B, Hawai`i Revised Statutes.
[{21)] f23) Utility substations, as permitted under section 25-4-11."
SECTION 10. Chapter 25, article 5, division 4, section 25-5-42, of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
"(a) The following uses shall be permitted in the RCX district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Churches,temples and synagogues.
(6) Commercial or personal service uses, on a small scale, as approved by the
director.
(7) Community buildings,as permitted under section 25-4-11.
(8) Convenience stores.
(9) Crop production.
(10) Day care centers.
(11) Dwellings, double-family or duplex.
(12) Dwellings,multiple-family.
(13) Dwellings, single-family.
(14) Family child care homes.
(15) Group living facilities.
(16) Home occupations, as permitted under section 25-4-13.
(17) Medical clinics.
(18) Meeting facilities.
(19) Model homes, as permitted under section 25-4-8.
18
(20) Neighborhood parks,playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(21) Public uses and structures, as permitted under section 25-4-11.
(22) Restaurants.
(23) Schools.
[(21) Short term vacation rentals situatcd in the general plan resort and resort node
areas7]
(24) Transient accommodation rentals, Operator-hosted, situated in either of the
following:
(A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline; or
(B) Areas within a project district.
(25) Transient accommodation rentals, Owner-hosted.
(26) Transient accommodation rentals, Un-hosted situated in either of the
following:
(A) General plan resort and resort node areas, including areas designated as
open in the general plan which adjoin the resort or resort node areas
along the shoreline; or
(B) Areas within a project district.
[(25)] (27) Utility substations, as permitted under section 25-4-11."
SECTION 11. Chapter 25, article 5, division 5, section 25-5-52, of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended by amending subsection(a) to read as
follows:
"(a) The following uses shall be permitted in the RA district:
(1) Adult day care homes.
(2) Agricultural products processing, minor,provided that the site or buildings
used for such processing, shall be located at least seventy-five feet from any
street bounding the building site.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing
of plants.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of
this Code.
(8) Crop production.
(9) Dwelling, single-family, one per building site.
(10) Family child care homes.
(11) Group living facilities.
(12) Kennels, provided that the building site is a minimum of five acres in area and
the structures are located at least one hundred feet away from any lot line.
(13) Livestock production(excluding pigs), provided that:
19
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable,house,
hutch, or other enclosure for the keeping of any permitted animal shall
be located at least seventy-five feet from any lot line.
(14) Parks,playgrounds, tennis courts, swimming pools, and other similar open
area recreational facilities.
(15) Public uses and structures, as permitted under section 25-4-11.
(16) Roadside stands for the sale of agricultural products grown on the premises.
(17) Stables, commercial or boarding, provided that the building site is a minimum
of five acres in area and the structures are located at least one hundred feet
away from any lot line.
(18) Transient accommodation rentals, Owner-hosted.
[(4-8)] (19) Utility substations, as permitted under section 25-4-11.
[(4-9}] (20) Veterinary establishments."
SECTION 12. Chapter 25, article 5, division 6, section 25-5-62, of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read as
follows:
"(a) The following uses shall be permitted in FA districts:
(1) Agricultural products processing,minor,provided that the area or buildings
used for such processing, shall be located at least seventy-five feet from any
street.
(2) Agricultural tourism as permitted under section 25-4-15.
(3) Animal hospitals.
(4) Aquaculture.
(5) Botanical gardens, nurseries and greenhouses, seed farms,plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(6) Campgrounds,parks,playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(8) Crop production.
(9) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised
Statutes and as permitted under section 25-5-67(b).
(10) Farm dwellings, as permitted under section 25-5-67(b) and (c).
(11) Game and fish propagation.
(12) Group living facilities.
(13) Kennels.
(14) Livestock, grazing; provided that any feed or water area, salt lick, corral,run,
barn, shed, stable, house, hutch, or other enclosure for the keeping of any
permitted animals shall be located at least seventy-five feet from any lot line.
(15) Public uses and structures, necessary for agricultural practices.
20
(16) Retention, restoration, rehabilitation, or improvement of buildings or sites of
historic or scenic interest.
(17) Riding academies, and rental or boarding stables.
(18) Roadside stands for the sale of agricultural products grown on the premises.
(19) Transient accommodation rentals, Owner-hosted.
[(4-93] (20) Utility substations, as permitted under section 25-4-11.
[( }] (21) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, and livestock
grazing.
[(21)] (22) Veterinary establishments."
SECTION 13. Chapter 25, article 5, division 7, section 25-5-72, of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended by amending subsection(a)to read as
follows:
"(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(7) Campgrounds,parks, playgrounds,tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(9) Crop production.
(10) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised
Statutes and as permitted under section 25-5-77(b).
(11) Farm dwellings, as permitted under section 25-5-77(b) and (c).
(12) Fertilizer yards utilizing only manure and soil, for commercial use.
(13) Forestry.
(14) Game and fish propagation.
(15) Group living facilities.
(16) Kennels.
(17) Livestock production, provided that piggeries, apiaries, and pen feeding of
livestock shall only be located on sites approved by the State department of
health and the director, and must be located no closer than one thousand feet
away from any major public street or from any other zoning district.
(18) Public uses and structures which are necessary for agricultural practices.
(19) Retention, restoration,rehabilitation, or improvement of building or sites of
historic or scenic interest.
(20) Riding academies, and rental or boarding stables.
21
(21) Roadside stands for the sale of agricultural products grown on the premises.
(22) Transient accommodation rentals, Owner-hosted.
[(22)] (23) Utility substations, as permitted under section 25-4-11.
[(23)] (24) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing
and livestock production.
[(24)] (25) Veterinary establishments.
[(25)] (26) Wind energy facilities."
SECTION 14. Chapter 25, article 5, division 9, section 25-5-92, of the Hawai`i County
Code 1983 (2016 Edition, as amended) is amended by amending subsection (a)to read as
follows:
"(a) The following uses shall be permitted in the V district:
(1) Adult day care homes.
(2) Amusement and recreational facilities,indoor.
(3) Art galleries,museums.
(4) Automobile service stations.
(5) Bars, night clubs and cabarets.
(6) Bed and breakfast establishments, as permitted under section 25-4-7.
(7) Business services.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(9) Churches,temples, and synagogues.
(10) Commercial parking lots and garages.
(11) Community buildings, as permitted under section 25-4-11.
(12) Day care centers.
(13) Dwellings, double-family or duplex.
(14) Dwellings,multiple-family.
(15) Dwellings, single-family.
(16) Family child care homes.
(17) Financial institutions.
(18) Group living facilities.
(19) Home occupations, as permitted under section 25-4-13.
(20) Hotels.
(21) Lodges.
(22) Medical clinics.
(23) Meeting facilities.
(24) Major outdoor amusement and recreation facilities.
(25) Model homes, as permitted under section 25-4-8.
(26) Parks,playgrounds,tennis courts, swimming pools, and other similar open
area recreational facilities.
(27) Personal services.
(28) Photography studios.
(29) Public uses and structures, as permitted under section 25-4-11.
(30) Restaurants.
(31) Retail establishments.
22
[(32) Short term vacation rentals.]
[(33)] (32) Telecommunication antennas, as permitted under section 25-4-12.
[(-34}] (33) Temporary real estate offices, as permitted under section 25-4-8.
[(35)] (34) Theaters.
[(3-6)] (35) Time share units.
(36) Transient accommodation rental, Operator-hosted.
(37) Transient accommodation rental, Owner-hosted.
(38) Transient accommodation rental, Un-hosted.
[(37)] (39) Utility substations, as permitted under section 25-4-11.
[(3-8)] (40) Visitor information centers."
SECTION 15. Chapter 25, article 5, division 10, section 25-5-102, of the Hawai`i
County Code 1983 (2016 Edition, as amended) is amended by amending subsection(a) to read as
follows:
"(a) The following uses shall be permitted in the CN district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Automobile service stations.
(4) Bed and breakfast establishments, as permitted under section 25-4-7.
(5) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(6) Business services.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(8) Churches,temples and synagogues.
(9) Community buildings, as permitted under section 25-4-11.
(10) Convenience stores.
(11) Crematoriums,funeral homes,funeral services, and mortuaries.
(12) Crop production.
(13) Day care centers.
(14) Dwellings, double-family or duplex,provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(15) Dwellings,multiple-family,provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(16) Dwellings,single-family.
(17) Family child care homes.
(18) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
23
(19) Financial institutions.
(20) Group living facilities.
(21) Home occupations, as permitted under section 25-4-13.
(22) Medical clinics.
(23) Meeting facilities.
(24) Model homes, as permitted under section 25-4-8.
(25) Museums.
(26) Neighborhood parks,playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(27) Offices.
(28) Personal services.
(29) Photography studios.
(30) Public uses and structures, as permitted under section 25-4-11.
(31) Repair establishments,minor.
(32) Restaurants.
(33) Retail establishments.
(34) Schools.
[(35) Short term vacation rentals situated in the general plan resort and resort node
afeas7]
[(3-6)] (35) Telecommunication antennas, as permitted under section 25-4-12.
[(37)] (36) Theaters.
(37) Transient accommodation rentals, Operator-hosted.
(38) Transient accommodation rentals, Owner-hosted.
(39) Transient accommodation rentals, Un-hosted.
[(8)] (40) Utility substations as permitted under section 25-4-11."
SECTION 16. Chapter 25, article 5, division 11, section 25-5-112, of the Hawai`i
County Code 1983 (2016 Edition, as amended) is amended by amending subsection(a) to read as
follows:
"(a) The following uses shall be permitted uses in the CG district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries,museums.
(4) Art studios.
(5) Automobile service stations.
(6) Automobile sales and rentals.
(7) Bars,nightclubs and cabarets.
(8) Bed and breakfast establishments, as permitted under section 25-4-7.
(9) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(10) Broadcasting stations.
(11) Business services.
(12) Car washing, provided that if it is mechanized, sound attenuated structures or
sound attenuated walls shall be erected and maintained on the property lines.
(13) Catering establishments.
24
(14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(15) Churches,temples and synagogues.
(16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleansing agent.
(17) Commercial parking lots and garages.
(18) Community buildings, as permitted under section 25-4-11.
(19) Convenience stores.
(20) Crematoriums,funeral homes,funeral services, and mortuaries.
(21) Crop production.
(22) Day care centers.
(23) Display rooms for products sold elsewhere.
(24) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(25) Dwellings,multiple-family,provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(26) Dwellings,single-family.
(27) Equipment sales and rental yards, and other yards where retail products are
displayed in the open.
(28) Family child care homes.
(29) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce,plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
(30) Financial institutions.
(31) Group living facilities.
(32) Home occupations, as permitted under section 25-4-13.
(33) Hospitals,sanitariums, old age, convalescent,nursing and rest homes.
(34) Hotels.
(35) Ice storage and dispensing facilities.
(36) Laboratories,medical and research.
(37) Laundries.
(38) Light manufacturing,processing and packaging,where the only retail sales
outlet for products produced is on the premises where produced.
(39) Medical clinics.
(40) Meeting facilities.
(41) Model homes, as permitted under section 25-4-8.
(42) Neighborhood parks,playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(43) Offices.
(44) Personal services.
(45) Photography studios.
(46) Public uses and structures, as permitted under section 25-4-11.
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(47) Printing shops, cartographing and duplicating processes such as blueprinting
or photostating shops.
(48) Repair establishments,minor.
(49) Restaurants.
(50) Retail establishments.
(51) Schools.
[(52) Short term vacation rentals.]
[(53)] (52) Telecommunication antennas, as permitted under section 25-4-12.
[(54)] (53) Theaters.
[(55)] (54) Time share units.
(55) Transient accommodation rentals, Operator-hosted.
(56) Transient accommodation rentals, Owner-hosted.
(57) Transient accommodation rentals, Un-hosted.
[(56)] (58) Utility substations, as permitted under section 25-4-11.
[(57)] (59) Veterinary establishments."
SECTION 17. Chapter 25, article 5, division 12, section 25-5-122, of the Hawai`i
County Code 1983 (2016 Edition, as amended) is amended by amending subsection(a) to read as
follows:
"(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries,museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(9) Business services.
(10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(11) Churches,temples and synagogues.
(12) Commercial parking lots and garages.
(13) Community buildings,as permitted under section 25-4-11.
(14) Convenience stores.
(15) Crematoriums,funeral homes,funeral services, and mortuaries.
(16) Crop production.
(17) Day care centers.
(18) Dwellings, double-family or duplex,provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(19) Dwellings,multiple-family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
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(20) Dwellings, single-family.
(21) Family child care homes.
(22) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce,plant life, fish and
local homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
(23) Financial institutions.
(24) Group living facilities.
(25) Home occupations, as permitted under section 25-4-13.
(26) Hospitals, sanitariums, old age, convalescent,nursing and rest homes.
(27) Hotels,when the design and use conform to the character of the area, as
approved by the director.
(28) Laboratories,medical and research.
(29) Lodges.
(30) Manufacturing,processing and packaging light and general, except for
concrete or asphalt products, where the products are distributed to retail
establishments located in the immediate community, as approved by the
director.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes, as permitted under section 25-4-8.
(34) Neighborhood parks,playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography studios.
(38) Public uses and structures, as permitted under section 25-4-11.
(39) Publishing plants for newspapers, books and magazines,printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops, which are designed to primarily serve the local area.
(40) Repair establishments,major,when there are not more than five employees, as
approved by the director.
(41) Repair establishments,minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
[(15) Short term vacation rentals.]
[(46-)] (45) Telecommunication antennas, as permitted under section 25-4-12.
[(47)] (46) Temporary real estate offices, as permitted under section 25-4-8.
[(48)] (47) Theaters.
(48) Transient accommodation rentals, Operator-hosted.
(49) Transient accommodation rentals, Owner-hosted.
(50) Transient accommodation rentals, Un-hosted.
[(49)] (51) Utility substations, as permitted under section 25-4-11."
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SECTION 18. Material to be repealed is bracketed and stricken.New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 19. Severability. If any provision of this ordinance, or the application thereof
to any taxpayer or circumstance, is held invalid,the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 20. This ordinance shall take effect on September 30, 2024.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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