HomeMy WebLinkAboutCOM 0675.401 2022-2024 of!:'oF ti!k+ Phone: 808 961-8828
Heather L. Kimball :�°• ( )
��I'�''• Fax: (808)961-8912
Council Chair&Presiding Officer r• �^�� <
Council District 1 '•� ` �„s ��:+ Email:Heather.Kimball@hawaiicountv.gov
•
• +r.4
• �tE OF•MF•'�'••
HAWAI`I COUNTY COUNCIL
25 Aupuni Street, Ste. 1402.
Hilo, Hawai'i 96720
--. CC a
Amendment No. 2 s� -
�Y
CD
DATE: August 19, 2024 .
TO: Members of the Hawai`i County Council ^,
FROM: Heather L. Kimball, Council Chair, Council District 1 -
SUBJECT: Proposed Amendments to Bill No. 121, Draft 2; An Ordinance Amending
Chapter 25, Articles 1, 4, and 5, of the Hawaii County Code 1983 (2016
Edition, as Amended), Relating to Transient Accommodation Rentals and
Hosting Platforms.
Transmitted herewith are proposed amendments to Bill No. 121, Draft 2. The proposed
amendments are shown below in Ramseyer format with respectto the contents of Bill No. 121,
Draft 2; material to be deleted is bracketed and stricken, and material to be inserted is
underscored.
SECTION 5 of Bill No. 121, Draft 2, 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 sections thereof as hereinbelow provided:
1. Section 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, ohana dwelling, additional dwelling unit,or
guesthouse[;], provided that no more than one transient accommodation rental
may be permitted on a building site.
Comm. No. 05-40%
Ref. To: Pt 'CPLA
Hawai`i County is an Equal Opportunity Provider and Employer A G1 9 2024
Ref. Date
(2) [The] Pursuant to section 205-4.5, Hawai`i Revised Statutes, the transient
accommodation rental shall not be permitted in an additional farm dwelling[;
additional dwelling unit, or ohana dwelling]; and
(3) [The] Except where a nonconforming use certificate has been obtained in
accordance with subsection(b), 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
,] is located within
two hundred feet of the owner's primary residence on a building site adjacent
thereto, the owner shall have the burden of proof in establishing that the [ehana
dwelling or additional dwelling unit was in use as a] transient accommodation
rental was in regular use 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 [preperty] building site
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."
2. Section 25-4-16.17, entitled "Transient accommodation rentals operation standards", is
amended by amending paragraph (1) to read as follows:
"(1) 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, or on an adjacent building site
where an owner-hosted nonconfoiiuing use certificate has been obtained,
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) Notwithstanding paragraph(A), an owner-hosted transient
accommodation rental may be rented for no more than thirty days per
calendar year, whether on a consecutive or cumulative basis, while the
owner is absent from the building site; provided that the owner so notifies
the director in writing no less than fourteen days in advance of the owner's
absence, which notification shall specify the dates of absence and include
2
contact information of a reachable person or persons to be available during
the absence. During any such absence, the transient accommodation rental
shall comply in all respects with applicable regulations as if it were un-
hosted.
[(B-)] (C) For un-hosted rentals, a reachable person or persons 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)] (D) 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."
A copy of the new draft of this bill that will result if these proposed amendments are adopted is
not attached.
HK:dbk
3