HomeMy WebLinkAboutCOM 0675.466 2022-2024Heather L. Kimball
Council Chair & Presiding Officer
Council District 1
Amendment No. 2
Phone: (808) 961-8828
Fax. (808) 961-8912
Email: Heather.Kimbahl ah(iiiaiicozrn ).Pov
HAWAI`I COUNTY COUNCIL
25 Aupuni Street, Ste. 1402.
Hilo, Hawaii 96720
August 27, 2024
TO: Members of the Hawaii County Council
FROM: Vl Heather L. Kimball, Council Chair, Council. District 1
SUBJECT: Proposed Amendments to Bill No. 121, Draft 3; 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 3. 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 3, which amends chapter 25, article 4, of the Hawaii 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
maypermitted on a buildin site.
Hawai `i County is an Equal Opportunity Provider and Employer
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(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, of t,an 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 ie„laf use in an ehan
dwelling of additional dwelling unit o the s e boil i . �;+o ] is located within
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two hundred feet of the owner's primary residence on a buildingsite to adjacent
thereto, the owner shall have the burden of proof in establishing that the [ehan
dwelling ,, .,,aide,, ,' dwelling iinit � ] transient accommodation
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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 [property] building site
as their principal home.
(3) Nonconforming use certificates must be renewed annually in accordance with
section 25-4-16.1.4.
(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 subparagraph (A) of paragraph (1) to read as follows:
"(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 nonconforminia 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."
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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