HomeMy WebLinkAboutCOM 0739.231 2016-2018 Karen Eoff, Council Member .. iY_OF Dru M. Kanuha, Council Member
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Council District 8-North Kona :(:!•'��: • Council District 7—Central Kona
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Phone:808/323-4280 " Phone: 808/323-4267
Email: karen.eoff@hawaiicounty.gov ' Email:dru.kanuha@hawaiicounty.gov
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HAWAII COUNTY COUNCILcp.
County of Hawai`i ZC
West Hawai`i Civic Center, Bldg.A
74-5044 Ane Keohokalole Hwy. a.
Kailua-Kona, Hawai'i 96740 `rot n
DATE: July 24, 2018 + T►
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TO: Valerie T. Poindexter, Council Chair
and Members of the Hawai`i County Council
FROM: \p Karen Eoff, Council Member for. Council District 8 —North Kona
At/ Dru M. Kanuha, Council Member for Council District 7—Central Kona
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. The proposed amendments
are illustrated below in Ramseyer format with respect to the contents of Bill No. 108, Draft 3;
material to be deleted is bracketed and stricken, and material to be added in is underscored.
SECTION 2 OF Bill No. 108, Draft 3, section 25-4- .1 titled"Short-term vacation rental
nonconforming use certificate" is amended by amending subsections (a) and (b)to read as
follows:
"(a) The owner of any short-term vacation rental which operated outside of a permitted
zoning district prior to [July 20, 2018] the effective date of this ordinance 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.] the effective date of this ordinance.
Evidence of such use prior to [July 20, 2018] the effective date of this ordinance
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 Hawaii 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." Comm. No. 73Q.231
Ref. To: UPC--
Ref.
TLRef. Date ja 2 4 2a10
Due to the limited scope of these amendments, a draft copy of the bill that would result if these
proposed amendments are adopted is not attached.
Thank you.
KE/wpb:lc
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