HomeMy WebLinkAboutCOM 0675.170 2022-2024 Ashley L. Kierkiewicz +t".°`':! ' Office:(808)961-8265
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Council Member • • "- \4. ` Fax: (808)961-8912
District 4 Puna ,;' `•:�;;jt:}`; ashley.kierkiewicz@hawaiicounty.gov
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HAWAII COUNTY COUNCIL am`-== C
Hawai`i County Building
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25 Aupuni Street • Hilo, Hawai`i 96720
TO: Heather Kimball, Council Chair
and Members of the Hawai`i County Council `; •
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FROM: Ashley L. Kierkiewicz, Council Member
DATE: July 8, 2024
SUBJECT: Proposed Amendment 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 is a proposed amendment to Bill No. 121. The proposed amendment is
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 added is underscored. A copy of the new
draft of this bill that will result if the proposed amendment is adopted is not attached.
1. Bill No. 121 is amended by adding a new section to be appropriately inserted and to read as
follows:
"SECTION 5. Chapter 25, article 4, of the Hawai`i County Code 1983 (2016 Edition, as
amended) is amended by adding a division to be appropriately inserted and to read as follows:
"Division 1.2. Visitor Destination Areas.
Section 25-4-17. Purpose and applicability.
The visitor destination area is a land use designation that allows transient
accommodation rentals to lawfully operate in any zoning district. This designation
applies to areas without adequate hotels or resorts and in proximity to visitor-related
establishments or activities, such as beaches, golf courses, landmarks, entertainment
venues, and other scenic, commercial, or recreational facilities.
Section 25-4-17.1. General provisions
Notwithstanding any provision to the contrary, transient accommodation rentals
within a visitor destination area may be registered at any time, subject to the following
requirements:
Comm.
Ref.To:
Hawai`i County is an Equal Opportunity Provider and Employer Ref. Date
(1) Registration shall be made in accordance with division 1.1;
(2) In the case of an operator-hosted or un-hosted transient accommodation rental.,
the owner must maintain their principal residence within the County;
(3) Except as to the registration fees set forth therein, sections 25-4-16.1, 25-4-
16.2, and 25-4-16.3 shall not apply to transient accommodation rentals within
a visitor destination area; and
(4) The transient accommodation rental shall comply with division 1.1 in all other
respects not otherwise provided for by this division.
Section 25-4-17.2. Designated visitor destination areas; boundaries.
The following areas are designed as visitor destination areas:
(1) Kehena Beach Estates; being the area bounded by the following:
(A) Beginning along the shoreline at the easternmost point of the parcel
described as TMK No. 1-2-007:001, mauka along the northeast
boundaries of the parcels described as TMK Nos. 1-2-007:001, 045, and
002 to the southernmost point of the parcel identified as TMK No. 1-2-
009:044;
(B) Northeasterly along the boundary of TMK No. 1-2-009:044 to the
northernmost point of TMK No. 1-2-031:106;
IC) Southeasterly along the boundary of TMK No. 1-2-009:044, crossing
Kalapana-Kapoho Beach Road to the northernmost point of TMK No. 1-
2-030:001;
(D) Southeasterly along the boundary of TMK No. 1-2-030:001 to the
shoreline; and
(E) Southwesterly along the shoreline to the point of beginning.
(2) Kona Bay Estates; being all parcels in a residential district having frontage on
Kona Bay Drive.
(3)_ Paradise Ala Kai; being all parcels smaller than the established minimum
building site area for the applicable zoning district having frontage on
Paradise Ala Kai Drive.
(4) Puako; being all parcels in a residential district having frontage on Puako
Beach Drive.
(5) Volcano Village; being all parcels within the area designated as Volcano by
the United States Census Bureau, except those in the State land use
conservation district.""
2. SECTION 5 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 renumbered as SECTION 6
and amended by appropriately renumbering said division and all new sections therein.
3. SECTIONS 6, 7, 8, and 9 of Bill No. 121 are renumbered as SECTIONS 7, 8, 9, and 10,
respectively.
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