The URL can be used to link to this page

Home My WebLink AboutCOM 0675.402 2022-2024 • SV OF/� ' Heather L. Kimball ��:'•" _''''w+;. Phone: (808)961-8828 ��,Lil,�• Fax: (808)961-8912 Council Chair&Presiding Officer ��.�`�� Council District 1 +: r s�.. :• Email:Heather.Kimball_,hawaiicountv.gov HAWAII COUNTY COUNCIL ; ;: 25 Aupuni Street, Ste. 1402. ``' 0't Hilo, Hawai'i 96720 C' --.n1 Cr: Amendment No. 3 DATE: August 19, 2024 TO: Members of the Hawai`i County Council FROM: Heather L. Kimball, Council Chair, Council District 1 ig SUBJECT: Proposed Amendments to Bill No. 121, Draft 2; 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, Draft 2. The proposed amendments are shown below in Ramseyer format with respect to 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 25-4-16.3 is amended to read as follows: "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. Comm. No. OS O2 Ref. To: ?(AUG�l 9 2024 Hawai`i County is an Equal Opportunity Provider and Employer Ref. Dote (b) Nonconforming use. (1) In districts other than those specified in subsection(a), un-hosted transient accommodation rentals may only operate with [an existing] a nonconforming use certificate. Unless having obtained a nonconforming use certificate prior to the effective date of this ordinance, the owner may register by obtaining a nonforming use certificate subject to paragraph (2). (2) [No addition i n „f rming, certificates shall be ; ea f r,,,, hosted transient accommodation rentals.] The owner shall have the burden of proof in establishing: (i) That the building site was in regular use as a transient accommodation rental before the effective date of this ordinance; and (ii) That at no time after April 1, 2019 was the transient accommodation rental rented for any rental period of thirty days or less. (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) Nonconforming use certificate: $500. [(3)] (4) Annual nonconforming use certificate renewal: $500." 2. Section 25-4-16.6 is amended to read as follows: "Section 25-4-16.6. When to register. (a) [Existing owner hosted, and operator hosted] Owners of 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] 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." 3. Section 25-4-16.13 is amended to read as follows: "Section 25-4-16.13. [ ] Transient accommodation rental nonconforming use certificate. (a) [Applicants that have been approved for owner hosted and operator hosted] Any applicant who has received approval for a transient accommodation rental nonconforming use [certificates] certificate must notify by letter all owners and 2 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] Owners of 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. (d) If at any time an un-hosted transient accommodation rental with a nonconforming use certificate issued under section 25-4-16.3, subsection (b), is found to be rented for a rental period of thirty days or less,the transient accommodation rental registration and the nonconforming use certificate shall be revoked and a fine shall be imposed in accordance with the schedule established in section 25-4-16.19." A copy of the new draft of this bill that will result if these proposed amendments are adopted is not attached. HK:dbk 3