HomeMy WebLinkAboutCOM 0739.142 2016-2018 Eileen O'Hara "- 4 m Phone: (808) 965-2712
Council Member ='ctt* y�
�. •`'+ Fax: (808) 961-8912
Council District 4 -" \Vibe Email: eileen.ohara@hawaiicounty.gov
Chair: Environmental ; - Vice Chair:Planning Committee and
•Management Committee Environmental ;;?: ,of w;.�!��= Agriculture, Water&Energy
Sustainability Committee
County of Hawaii
Hawaii County Council • :r. .
25 Aupuni Street, Suite 1402 • Hilo, Hawaii 96720
-42
-C-1
DATE: June 27, 2018 Q_<
TO: Valerie T. Poindexter, Chair =�.
and Members of the Hawai`i County Council
FROM: 0 Eileen O'Hara, Council Member
Hawai`i County Council
SUBJECT: Proposed Amendments to Bill No. 108, Draft 3, An Ordinance Amending
Chapter 25, Article 1, Article 2, Article 4, and Article 5, of the Hawai`i
County Code 1983 (2016 Edition, as Amended), Relating to Short-Term
Vacation Rentals.
Attached please find proposed amendments to Bill No. 108, Draft 3. Pursuant to the Planning
Committee's discussion of this Bill on June 18, 2018, these amendments include the following
changes to the contents of Communication No. 739.139:
A. In Section 25-4- ,titled "Short-term vacation rentals:"
1) Proposed paragraph(a)(3) relating to affordable and workers' housing units, is
removed;
2) In proposed subparagraph (b)(3)(D)relating to verification that notification
letters have been sent, the requirement that notification letters include
instructions on how to submit comments to the planning department is removed,
leaving the requirement that instructions on how to submit complaints be
included;
3) Proposed subsection(e) "Director duties in event of emergency" is amended.
B. In Section 25-4-_.1,titled "Short-term vacation rental nonconforming use certificate:"
1) Proposed subsection(g), "Emergency" is removed.
C. In Section 25-4- .4, titled "Short-term vacation rental enforcement account:"
1) Proposed subsection (c) is amended by moving the phrase, "and fines"to the end
of the subsection. I
Comm. No.
a.,
Ref. To: 12 C
Ref. Date JUL 1 :0 2018
The proposed amendments to Bill No. 108, Draft 3 are illustrated below in Ramseyer format
with respect to the contents of the Bill; material to be deleted is bracketed and stricken, and
material to be added is underscored.
A draft copy of the proposed Draft 4 of the bill,with these amendments incorporated therein, is
attached.
1. SECTION 2 OF Bill No. 108, Draft 3, section 25-4- , titled "Short-term vacation rentals,"
is amended to read as follows:
"Section 25-4- Short-term vacation rentals.
(a) Short-term vacation rentals; where permitted, specific prohibitions.
(1) Short-term vacation rentals shall be permitted in the:
[(1)](A) V, CG, and CDH districts;
[(2)](B) CV district, provided that a use permit is obtained for each
use; and
[(3)](C) General Plan Resort areas and Resort Node, except that RS
districts in the General Plan Resort areas and Resort Node
shall require a use permit.
(2) Private covenants prohibiting use of any unit as a short-term vacation
rental shall not be invalidated by this chapter.
(b) Registration of all short-term vacation rentals.
(1) Short-term vacation rentals in existence on or before the effective date
of this ordinance:
(A) Shall register with the planning department, and pay a one-time
fee of$250 for accommodations with one bedroom or less, and
$500 for accommodations with more than one bedroom, to the
director of finance, if they exist within the following zoning
districts:
(i) The V, CG, and CDH; or
(ii) The general plan resort areas and resort node, in any district
other than RS.
(B) The registration form and associated fee shall be submitted to the
planning department no later than one hundred eighty days after
the effective date of this ordinance.
(2) Any new short-term vacation rental established in a zoning district
after the effective date of this ordinance, where such use is permissible
pursuant to this section, shall register with the director and pay a one-
time fee of$250 for accommodations with one bedroom or less and
$500 for accommodations with more than,one bedroom prior to use of
such rental.
(3) Owners of short-term vacation rentals shall register by submitting a
form to the planning department in a format prescribed by the director.
The registration form, at a minimum, shall require:
2 .
(A) Verification that State of Hawai`i general excise tax and transient
accommodations tax licenses are in effect;
(B) Certification that the requisite amount of parking pursuant to
section 25-4-51, is available; [ ]
(C) Submittal of a site plan showing the location of the rooms for
rent and requisite parking[.-]; and
(D) Verification that notification letters have been sent to 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 short-term vacation rental property. The notification letter
shall provide detailed information about the short-term vacation
rental operation including:number of units being rented;
maximum number of guests permitted; number and location of
required parking spaces; and instructions on how to submit
complaints to the planning department about the subject rental
operation.
(4) Upon change in ownership, the new owner shall notify the [planning]
director forthwith of the change in ownership and provide contact
information for the reachable person. Registration shall automatically
continue, subject to termination by the new owner.
(5) Any short-term vacation rental that has not lawfully registered within
the deadlines set forth in this section shall be considered an
unpermitted use and subject to the penalties set forth in this chapter
until such time proper registration and compliance with applicable
requirements of this section is obtained.
(c) Standards.
[A]All short-term vacation [rental]rentals shall be subject to the following
standards:
(1) The owner or reachable person shall reside in the County of
Hawai`i and shall be reachable by guests, neighbors, and County
agencies on a twenty-four hour, seven days-per-week basis. The
owner shall notify the planning department of any changes to their
contact information forthwith.
(2) Good neighbor policy. The owner or reachable person shall be
responsible to ensure that activities taking place within the short-
term vacation rental conform to the character of the existing
neighborhood in which the rental is located. At a minimum, the
following shall be prominently displayed within the dwelling unit
and recited in the rental agreement signed by the tenant:
[(l)](A) Quiet hours shall be from 9:00 p.m. to 8:00 a.m., during
which time the noise from the short-term vacation rental
shall not unreasonably disturb adjacent neighbors.
[(2)](B) Sound that is audible beyond the property boundaries
during non-quiet hours shall not be more excessive than
would be otherwise associated with a residential area.
3
[(3)](C) Sound generated by any machine or device that is audible
at a distance of fifty feet from the machine or device
producing the sound is prohibited.
[(1)](D) Guest vehicles shall be parked in the designated onsite
parking area.
(3) All print and internet advertising of short-term vacation rentals,
including listings with a rental service or real estate firm, shall
include the registration or nonconforming use certificate number.
[(3)](4) A copy of the registration or nonconforming use certificate, as
well as the reachable person's name and phone number, shall be
displayed in the back of the front door of the sleeping quarters.
[(4)](5) Off-street parking shall meet the requirementsset forth in section
25-4-51(a)(8) and applicable parking standards in this chapter.
[(5)](6) Any commercial signage that advertises a short-term vacation
rental shall comply with the requirements of section 22-2.6 and
chapter 3 of this Code.
fd) Complaints and public information.
(1) The director shall:
(A) Receive and track complaints regarding short-term vacation
rentals; and
(B) Provide information about rules,policies, and procedures
pertaining to short-term vacation rentals to property owners,
managers, neighbors, and the general public.
(2) The director shall adopt rules, in accordance with chapter 91, Hawai`i
Revised Statutes, for the purpose of implementing this subsection.
fsj Director duties in event of emergency.
In the event of a declared emergency, natural or manmade, where a significant
number of nonconforming short-term vacation 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 such loss in short term vacation rental
capacity within the district of origin."
2. SECTION 2 OF Bill No. 108, Draft 3, section 25-4- .1 titled"Short-term vacation rental
nonconforming use certificate," is amended to read as follows:
"Section 25-4- .1. Short-term vacation rental nonconforming use certificate.
(a) The owner of any short-term vacation rental which operated outside of a
permitted zoning district prior to July 20, 2018 shall submit an application for
a nonconforming use certificate to the director no later than one hundred
eighty days after the effective date of this ordinance.
4
(b) Prior Use. The applicant seeking a short-term vacation rental nonconforming
use certificate shall have the burden of proof in establishing that the property
was in use prior to July 20, 2018. Evidence of such use prior to July 20, 2018
may include tax documents for the relevant time period, including: State of
Hawai`i general excise tax filings; transient accommodations tax filings; and
federal and State of Hawai`i income tax returns. Other reliable information
may also be provided. Based on the evidence submitted, the director shall
determine whether to issue a short-term vacation rental nonconforming use
certificate for the short-term vacation rental.
(c) Agricultural lands. A short-term vacation rental nonconforming use
certificate may be issued for single-family dwellings on lots existing before
June 4, 1976 located in the State land use agricultural district.
(d) Display. Current short-term vacation rental nonconforming use certificates
shall be displayed in a conspicuous place on the premises that is readily
inspector. In thesingle to an
event that a sin le 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.
[(e) Good neighbor policy. The owner or reac•. : - :- :• . :- - :- - •: -
conform to the character of the existing neighborhood in which the rental is
located.
At a minimum, the following shall be prominently displayed within the
dwelling unit and recited in the rental agreement signed by the tenant:
(1) Quiet hours shall be from 9:00 p.m. to 8:00 a.m., during which time the
noise from the short term vacation rental -. -: . •. -. : -. : -• ..
adjacent neighbors.
with a residential ar-a.
(3) Amplified sound that is audible beyond the property boundaries of the
short term vacation rental is prohibited.
•
• • .]
[(4)](e) Annual renewal. Nonconforming use certificates must be renewed every year
on or before the expiration date indicated on the certificate. At the time of
renewal the applicant shall pay a renewal fee [of$500] to the director of
finance[.-] based on the amount of transient accommodations taxes paid in the
previous fiscal year as follows:
5
Taxes Paid Renewal Fee
(1) Less than $500 $50
(2) $500 to $2,000 - $100
(3) $2,001 to $5,000 $350
(4) $5,001 to $10,000 $700
(5) More than $10,000 $1,000
(f) Denial.
(1) Renewal of a nonconforming use certificate shall be denied if the director
finds that the short-term vacation rental use has been abandoned pursuant to
section 25-4-62.
(2) Renewal may be denied if the director verifies any of the following:
[(1)](A) The applicant has violated provisions of this section or other
pertinent laws:
[(2)](B) The owner is delinquent in payment of County taxes, fees, fines, or
penalties assessed in relation to the short-term vacation rental;
[(3)](C) The owner or reachable person has not been reachable; or
[(4)](D) Police reports or verified neighbor complaints of noise and other
disturbances relating to the short-term vacation rental operations.
(g) The decision by the director to deny renewal of a nonconforming use
certificate shall require written notice to the property owner.
(h) Appeal. Within thirty days after the receipt of the notice, the owner may
appeal to the board of appeals as provided by section 6-9.2, County Charter
and sections 25-2-20 through 25-2-24 "
3. SECTION 2 OF Bill No. 108, Draft 3, section 25-4- .3 titled"Enforcement," is amended
to read as follows:
"Section 25-4- .3. Enforcement.
(a) If any short-term vacation rental is found to be operating unlawfully, or otherwise
in violation of any provisions of this chapter, enforcement shall be pursuant to
[section 25 2 35.] article 2 of chapter 25.
(b) In lieu of or in addition to enforcement pursuant to subsection(a), the director may
further impose additional civil fines as follows:
(1) For an owner who has not been the subject of a final decision finding a
violation relating to their operation of a.short-term vacation rental without a
permit, certificate, or registration within the last five years, no more than
$1,000 per day or theoffered rental rate, whichever is greater, for each day
that the rental property'wasadvertised, offered, or operated as a short-term
vacation rental without a required permit, certificate, or registration;
(2) For an owner who has been the subject of a single final decision finding a
violation relating to their operation of a short-term vacation rental without a
6
permit, certificate, or registration within the last five years, no more than
$2,000 per day or the offered rental rate, whichever is greater, for each day
that the rental property was advertised, offered, or operated as a short-term
vacation rental without a required permit, certificate, or registration;
c3) For an owner who has been the subject of two or more final decisions finding
a violation relating to their operation of a short-term vacation rental without a
permit, certificate, or registration within the last five years, no more than
$5,000 per day or twice the offered rental rate, whichever is greater, for each
day that the rental property was advertised, offered, or operated as a short-
term vacation rental without a required permit, certificate, or registration."
•
4. SECTION 2 OF Bill No. 108,Draft 3, section 25-4- .4 titled"Short-term vacation rental
enforcement account," is amended to read as follows:
"Section 25-4-_.4 Short-term vacation rental enforcement account.
(a) Pursuant to section 10-12, Hawai`i County Charter, a special fund to be known as
the "short-term vacation rental enforcement fund" is created. This fund shall be
administered by the director.
(b) The purpose of the fund is to support efforts to enforce the County's short-term
vacation rental law.
(c) This account shall be funded by fees,collected in connection with one-time
registration fees for short-term vacation rentals pursuant to section 25-4 .(b), and
with nonconforming use certificate renewal [applications.] application fees pursuant
to section 25-4 .1.(e), and fines.
(d) The funds in this account shall be utilized to pay for expenses that facilitate
enforcement of the County's short-term vacation rental enforcement law."
Thank you.
EO:bl/lc
Att.
7
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 2,ARTICLE 4,
AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS
AMENDED), RELATING TO SHORT-TERM VACATION RENTALS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and Purpose. The short-term rental of residential units, as an
alternative to traditional resort and hotel accommodations, is an emerging trend in the visitor
industry that continues to grow in popularity.
The purpose of this ordinance is to manage the impacts of these short-term vacation rentals
by: 1) defining where this use will be allowed; 2) establishing provisions and standards to
regulate this use; and 3)providing an avenue for an existing use deemed to be improper by this
ordinance, to apply for a nonconforming use certificate that would allow them to continue to
operate in a non-permitted district.
SECTION 2. Chapter 25, article 4, division 1, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by adding the following new sections to be appropriately
designated and to read as follows:
"Section 25-4- . Short-term vacation rentals.
(a) Short-term vacation rentals; where permitted, specific prohibitions.
(1) Short-term vacation rentals shall be permitted in the:
cA) V, CG, and CDH districts;
(B) CV district.,provided that a use permit is obtained for each
use; and
(C) General Plan Resort areas and Resort Node, except that RS
districts in the General Plan Resort areas and Resort Node
shall require a use permit.
(2) Private covenants prohibiting use of any unit as a short-term vacation
rental shall not be invalidated by this chapter.
(b) Registration of all short-term vacation rentals.
(1) Short-term vacation rentals in existence on or before the effective date
of this ordinance:
cA) Shall register with the planning department, and pay a one-time
fee of$250 for accommodations with one bedroom or less, and
$500 for accommodations with more than one bedroom, to the
director of finance, if they exist within the following zoning
districts:
(i) The V, CG, and CDH; or
(ii) The general plan resort areas and resort node, in any district
other than RS.
(B) The registration form and associated fee shall be submitted to the
planning department no later than one hundred eighty days after
the effective date of this ordinance.
8
(2) Any new short-term vacation rental established in a zoning district
after the effective date of this ordinance, where such use is permissible
pursuant to this section, shall register with the director and pay a one-
time fee of$250 for accommodations with one bedroom or less and
$500 for accommodations with more than one bedroom prior to use of
such rental.
(3) Owners of short-term vacation rentals shall register by submitting a
form to the planning department in a format prescribed by the director.
The registration form, at a minimum, shall require:
(A) Verification that State of Hawai`i general excise tax and transient
accommodations tax licenses are in effect;
(B) Certification that the requisite amount of parking pursuant to
section 25-4-51, is available;
(C) Submittal of a site plan showing the location of the rooms for
rent and requisite parking; and
(D) Verification that notification letters have been sent to 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 short-term vacation rental property. The notification letter
shall provide detailed information about the short-term vacation
rental operation including: number of units being rented;
maximum number of guests permitted; number and location of
required parking spaces; and instructions on how to submit
complaints to the planning department about the subject rental
operation.
(4) Upon change in ownership, the new owner shall notify the director
forthwith of the change in ownership and provide contact information
for the reachable person. Registration shall automatically continue,
subject to termination by the new owner.
(5) Any short-term vacation rental that has not lawfully registered within
the deadlines set forth in this section shall be considered an
unpermitted use and subject to the penalties set forth in this chapter
until such time proper registration and compliance with applicable
requirements of this section is obtained.
(c) Standards.
All short-term vacation rentals shall be subject to the following standards:
(1) The owner or reachable person shall reside in the County of
Hawai`i and shall be reachable by guests, neighbors, and County
agencies on a twenty-four hour, seven days-per-week basis. The
owner shall notify the planning department of any changes to their
contact information forthwith.
(2) Good neighbor policy. The owner or reachable person shall be
responsible to ensure that activities taking place within the short-
term vacation rental conform to the character of the existing
neighborhood in which the rental is located. At a minimum, the
9
following shall be prominently displayed within the dwelling unit
and recited in the rental agreement signed by the tenant:
(A) Quiet hours shall be from 9:00 p.m. to 8:00 a.m., during
which time the noise from the short-term vacation rental
shall not unreasonably disturb adjacent neighbors.
(B) Sound that is audible beyond the property boundaries
during non-quiet hours shall not be more excessive than
would be otherwise associated with a residential area.
(C) Sound generated by any machine or device that is audible
at a distance of fifty feet from the machine or device
producing the sound is prohibited.
(D) Guest vehicles shall be parked in the designated onsite
parking area.
(3) All print and internet advertising of short-term vacation rentals,
including listings with a rental service or real estate firm, shall
include the registration or nonconforming use certificate number.
(4) A copy of the registration or nonconforming use certificate, as
well as the reachable person's name and phone number, shall be
displayed in the back of the front door of the sleeping quarters.
(5) Off-street parking shall meet the requirements set forth in section
25-4-51(a)(8) and applicable parking standards in this chapter.
(6) Any commercial signage that advertises a short-term vacation
rental shall comply with the requirements of section 22-2.6 and
chapter 3 of this Code.
(d) Complaints and public information.
(1) The director shall:
(A) Receive and track complaints regarding short-term vacation
rentals; and
(B) Provide information about rules, policies, and procedures
pertaining to short-term vacation rentals to property owners,
managers, neighbors, and the general public.
(2) The director shall adopt rules, in accordance with chapter 91, Hawai`i
Revised Statutes, for the purpose of implementing this subsection.
(e) Director duties in event of emergency.
In the event of a declared emergency, natural or manmade, where a
significant number of nonconforming short-term vacation 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 such loss in
short term vacation rental capacity within the district of origin.
10 ,
Section 25-4- .1. Short-term vacation rental nonconforming use certificate.
(a) The owner of any short-term vacation rental which operated outside of a
permitted zoning district prior to July 20, 2018 shall submit an application for
a nonconforming use certificate to the director no later than one hundred
eighty days after the effective date of this ordinance.
(b) Prior Use. The applicant seeking a short-term vacation rental nonconforming
use certificate shall have the burden of proof in establishing that the property
was in use prior to July 20, 2018. Evidence of such use prior to July 20, 2018
may include tax documents for the relevant time period, including: State of
Hawai`i general excise tax filings; transient accommodations tax filings; and
federal and State of Hawai`i income tax returns. Other reliable information
may also be provided. Based on the evidence submitted, the director shall
determine whether to issue a short-term vacation rental nonconforming use
certificate for the short-term vacation rental.
(c) Agricultural lands. A short-term vacation rental nonconforming use
certificate may be issued for single-family dwellings on lots existing before
June 4, 1976 located in the State land use agricultural district.
(d) Display. Current short-term vacation rental nonconforming use certificates
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.
(e) Annual renewal. Nonconforming use certificates must be renewed every year
on or before the expiration date indicated on the certificate. At the time of
renewal the applicant shall pay a renewal fee to the director of finance based
on the amount of transient accommodations taxes paid in the previous fiscal
year as follows:
Taxes Paid Renewal fee
(1) Less than $500 $50
(2) $500 to $2,000 $100
(3) $2,001 to $5,000 $350
(4) $5,001 to $10,000 $700
(5) More than $10,000 $1,000
(f) Denial.
(1) Renewal of a nonconforming use certificate shall be denied if the
director finds that the short-term vacation rental use has been
abandoned pursuant to section 25-4-62...
(2) Renewal may be denied if the director verifies any of the following:
11
(A) The applicant has violated provisions of this section or other
pertinent laws:
(B) The owner is delinquent in payment of County taxes, fees,
fines, or penalties assessed in relation to the short-term
vacation rental;
(C) The owner or reachable person has not been reachable; or
(D) Police reports or verified neighbor complaints of noise and
other disturbances relating to the short-term vacation rental
operations.
(g) The decision by the director to deny renewal of a nonconforming use
certificate shall require written notice to the property owner.
(h) Appeal. Within thirty days after the receipt of the notice,the owner may
appeal to the board of appeals as provided by section 6-9.2, County Charter
and sections 25-2-20 through 25-2-24.
Section 25-4- .2. Prima facie evidence; short-term vacation rentals.
Advertising of any sort that offers a property as a short-term vacation rental shall
constitute prima facie evidence that a short-term vacation rental is operating on that
property. The burden of proof shall be on the owner or operator to establish either that the
property is not being used as a short-term vacation rental or that it is being used for such
purpose legally.
Section 25-4- .3. Enforcement.
(a) If any short-term vacation rental is found to be operating unlawfully, or otherwise
in violation of any provisions of this chapter, enforcement shall be pursuant to
article 2 of chapter 25.
(b) In lieu of or in addition to enforcement pursuantto subsection(a), the director may
further impose additional civil fines as follows:
(1) For an owner who has not been the subject of a final decision finding a
violation relating to their operation of a short-term vacation rental without a
permit, certificate, or registration within the last five years, no more than
$1,000 per day or the offered rental rate, whichever is greater, for each day
that the rental property was advertised, offered, or operated as a short-term
vacation rental without a required permit, certificate, or registration;
(2) For an owner who has been the subject of a single final decision finding a
violation relating to their operation of a short-term vacation rental without a
permit, certificate, or registration within the last five years, no more than
$2,000 per day or the offered rental rate, whichever is greater, for each day
that the rental property.was advertised, offered, or operated as a short-term
vacation rental without a required permit, certificate, or registration;
•
12
(3) For an owner who has been the subject of two or more final decisions finding
a violation relating to their operation of a short-term vacation rental without a
permit, certificate, or registration within the last five years, no more than
$5,000 per day or twice the offered rental rate, whichever is greater, for each
day that the rental property was advertised, offered, or operated as a short-
term vacation rental without a required permit, certificate, or registration.
Section 25-4- .4 Short-term vacation rental enforcement account.
fa) Pursuant to section 10-12, Hawai`i County Charter, a special fund to be known as
the"short-term vacation rental enforcement fund"is created. This fund shall be
administered by the director.
(b) The purpose of the fund is to support efforts to enforce the County's short-term
vacation rental law.
(c) This account shall be funded by fees, collected in connection with one-time
registration fees for short-term vacation rentals pursuant to section 25-4 .(b), and
with nonconforming use certificate renewal application fees pursuant to section 25-
4 .1.(e), and fines.
(d) The funds in this account shall be utilized to pay for expenses that facilitate
enforcement of the County's short-term vacation rental enforcement law."
SECTION 3. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983
(2016 Edition, as amended), is amended by adding new definitions to be appropriately inserted
and to read as follows:
'Reachable"means being able to answer the telephone at all times, being able
to be physically present at the short-term vacation rental within one hour following a
request by a guest, a neighbor, or a County agency."
""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 shall not apply to the short-term use of an owner's primary residence
as defined under the Internal Revenue Code."
SECTION 4. Chapter 25, article 2, division 3, section 25-2-30, of the Hawai`i County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 25-2-30. Violations.
Any approval or permit issued pursuant to the provisions of this chapter shall
comply with all applicable requirements of this chapter. Failure to comply with any
provision of this chapter, any rule adopted pursuant to this chapter, or with conditions
imposed as part of any approval [or],permit, [including variances] or variance from the
provisions of this chapter, shall constitute a violation of this chapter."
13
SECTION 5. Chapter 25, article 2, division 6, section 25-2-61, 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 within designated County zoning districts only
if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS, RA, FA, and A districts,provided
that the property is within the state land use urban district.
(2) Crematoriums, funeral homes, funeral services and mortuaries in RS, RD,
RM, RCX, RA, FA, A and V districts.
(3) Churches,temples and synagogues, including meeting facilities for churches,
temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and
A districts; provided that a minimum building site area of ten thousand square
feet is required within the RS, RD, RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA,FA and A districts, provided that a
minimum building site area of ten thousand square feet shall be required
within the RS, RD, RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving ranges, golf
maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA,
FA, A, V, CG, CV, and 0 districts, provided that the property is within the
state land use urban or rural district. Golf courses and golf driving ranges shall
not be permitted within the state land use agricultural district unless approved
by the County before July 1, 2005.
(6) Group living facilities that exceed the criteria in subsection 25-1-5(b),
paragraph(b) of the definition of"group living facility" in the RS, RD, RM,
RCX, RA, FA, A, CN, CG, CV, and V districts.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and
other similar uses devoted to the care or treatment of the aged, the sick, or the
infirm in the RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a
minimum building site area of ten thousand square feet shall be required
within the RS, RD, RM, RCX and RA districts.
(8) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX, RA,
A, CN, CG, CV, MCX,.ML, MG and 0 districts.
(9) Schools in RS, RD, RM, RA, FA, A, V, MCX, ML, and MG districts,
provided that a minimum building site area of ten thousand square feet shall
be required within the RS, RD, RM, and,RA districts.
(10) Short-term vacation rentals in the RS district in the general plan resort and
resort node and in the CV district.
(.1 1) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A,
IA and 0 districts.
[(11)](12) Yacht harbors and boating facilities in the RS, RD,RM, RCX, RA, V, CG,
CV, MCX, ML, MG and 0 districts.
[(12)](13) Wind energy facilities in the 0 district; provided that the property is within
the state land use agricultural district.
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[(13)](14) Other unusual and reasonable uses which are not specifically permitted in any
zoning district with the approval of the director and the concurrence of the
council by resolution."
SECTION 6. 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(b) to read as follows:
"(b) In addition to those uses permitted under subsection(a) above, the following uses
may be permitted in the RS district, provided that a use permit is issued for each use:
(1) Bed and breakfast establishmentsas permitted under section 25-4-7.
(2) Care homes.
(3) Churches,temples and synagogues.
(4) Crematoriums, funeral homes, funeral services, and mortuaries.
(5) Day care centers.
(6) Golf courses and related golf.course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(8) Major outdoor amusement and recreation facilities.
(9) Schools.
(10) Short-term vacation rentals in the general plan resort and resort node.
(11) Telecommunication antennas and towers.
[(11)](12) Yacht harbors and boating facilities."
SECTION 7. 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(b) to read as
follows:
"(b) In addition to those uses permitted under subsection(a) above, the following uses may
be permitted in the CV district, provided that a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Short-term vacation rentals.
(4) Yacht harbors and boating facilities."
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SECTION 8. 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 9. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 10. This ordinance shall take effect upon approval.
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