HomeMy WebLinkAboutCOM 0739.310 2016-2018 Karen Eoff; Council Member .cv oFk'°• Dru M. Kanuha, Council Member
°J�• •4w� Council District 7—Central Kona
Council District 8-North Kona . c;. ��. ., ..
Phone: 808/323-4280 "",,� �%'' Phone:808/323-4267
Email: karen.eoff@hawaiicounty.gov Email:dru.kanuha@hawaiicounty.gov
1,4
HAWAII COUNTY COUNCIL C;;;;),c,
County of Hawai`i - - 4=
West Hawai`i Civic Center, Bldg.A -- - ?
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawai'i 96740
DATE: October 12, 2018 w --
TO: Valerie T. Poindexter, Council Chair
and Members of the Hawai`i County Council
FROM: LeigeKaren Eoff, Council Member for Council District 8 —North Kona
LC4)rDru M. Kanuha, Council Member for Council District 7—Central Kona
SUBJECT: Proposed Amendments to Bill No. 108, Draft 4; 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 4. The proposed amendments
to Bill No. 108, Draft 4 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 5 of the bill, with these amendments incorporated therein, is
attached.
1. SECTION 2 of Bill No. 108, Draft 4, is amended to read as follows:
"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:
(A) V, CG, and [CDH] CV 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.] Residential and commercial zoning districts, situated in the
General Plan Resort and Resort Node areas; and 2
Comm. No. 73 13 0
Ref. To: Pt Pc--
Ref. Date OCT.-3 6 2018
fC) RM district, for multiple family dwellings within a condominium property
regime as defined and governed by chapter 514A or 514B, Hawai`i
Revised Statutes.
(2) Private covenants prohibiting use of any unit as a short-term vacation rental
shall not be invalidated by this chapter.
(3) Special permits in the state land use agricultural district shall not be issued
to permit short-term vacation rentals in farm dwellings, pursuant to
paragraph 205-4.5(a)(4), Hawai`i Revised Statutes.
(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] shall register with the : .. . ' : - ---- ] director and pay a
one-time fee of[$250 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.] $500.
[(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]
$500 prior to use of such rental.
(3) Short-term vacation rentals shall only be established within a dwelling that
has been issued final approvals by the building division for building,
electrical, and plumbing permits.
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[;] and verification that
County property taxes are paid in full;
(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 from nonconforming use
applicants 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.
2
[(4)](5) Owners of short-term vacation rentals shall notify the director when a
short-term vacation rental establishment permanently ceases to operate
for any reason.
[(5)](6) 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.
[(6)](7) 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 as
proper registration and compliance with applicable requirements of this
section [is] are 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 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.
ED)] Guest vehicles shall be parked in the designated onsite parking area.
(3) All print and interne 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
' phone number, shall be displayed �
reachable person's name and p o b , [ ] on 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:
3
[(A)](1) Receive and track complaints regarding short-term vacation rentals;
[and]
[(B)](2) Provide information about rules, policies, and procedures pertaining to
short-term vacation rentals to property owners, managers, neighbors,
and the general public[.-]; and
(3) Maintain a list of all short-term vacation rentals that have registered or
received a nonconforming use certificate.
[(2) The director shall adopt rules, in accordance with chapter 91, Hawai`i
(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.
Section 25-4- .1. Short-term vacation rental nonconforming use certificate.
(a) Nonconforming use certificate. [The] In addition to registering pursuant to
25-4- (b)(1), the owner of any short-term vacation rental which operated outside of a
permitted zoning district prior to the effective date of this ordinance shall [submit an
application] obtain a short-term vacation rental nonconforming use certificate in order
to continue to operate. This certificate must be renewed annually. Applications for
[a] nonconforming use [certificate] certificates must be submitted to the director no
later than one hundred eighty days after the effective date of this ordinance.
(b) Evidence of[Prior Use.] prior use.
(1) 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 the effective date of this ordinance[:] and that the
dwelling has been issued final approvals by the building division for
building, electrical, and plumbing permits. Evidence of such use prior to the
effective date of this ordinance may include tax documents for the relevant
time period[, •- .. _ . - : - . . .'`' - . - ' .. _ ; -
accommodations tax filings; and federal and State of Hawai`i income tax
returns. Other reliable information may also be provided. Based on the
term vacation rental nonconforming use certificate for the short term
vacation rental.] or other reliable information.
(c) Issuance of initial nonconforming use certificate.
(1) The director shall determine whether to issue a short-term vacation rental
nonconforming use certificate for a short-term vacation rental based on the
evidence submitted and other pertinent information.
(2) Issuance of an initial nonconforming use certificate may be denied if the
director verifies any of the following:
4
(A) The applicant has violated pertinent laws, such as not securing and
finalizing necessary building permits for the dwelling;
(B) The owner is delinquent in payment of State of Hawai`i general excise tax,
transient accommodations tax, or County property taxes, fees, fines, or
penalties assessed in relation to the short-term vacation rental; or
(C) Evidence of non-responsive management, such as issuance of a notice of
violation, police reports, or verified neighbor complaints of noise or other
disturbances relating to the short-term rental operations.
(d) Annual renewal.
(1) Nonconforming use certificates must be renewed every year on or before the
expiration date indicated on the certificate.
(2) At the time of renewal the applicant shall pay a renewal fee of$250 to the
director of finance.
(3) 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.
(4) Renewal of a nonconforming use certificate may be denied if the director
verifies any of the following:
(A) Any of the criteria for denial in section 25-4- .1.(c)(2);
(B) The owner or reachable person has not been reachable; or
(C) The renewal request and renewal fee were not received on or before the
expiration date indicated on the certificate.
(e) Agricultural lands. In the State land use agricultural district, [A] a short-term
vacation rental nonconforming use certificate may only be issued for single-family
dwellings on lots existingbefore June 4, 1976 [located in the State land use
g
agricultural district].
(f) Notice of denial of a nonconforming use certificate and appeal.
(1) Notice of a decision by the director to deny the initial issuance or renewal of a
nonconforming use certificate shall be transmitted in writing to the property
owner.
(2) Within thirty days after the receipt of a notice of denial, 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.
[(d)lig) 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 of$250 to the director of finance.
5
(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
sectio„ 25 ^ 6-2
(2) Renewal may be denied if the director verifies any of the following:
(A) The applicant has violated provisions of this section or other pertinent
lawsi
(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.
require written notice to the property owner.
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 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 all fees[;] and fines collected in connection with[:
one time registration fees for short term vacation rentals pursuant to section 25
4
.(b); nonconforming use certificate renewal application fees pursuant to section
25 1 .1.(e); and fines.] the administration and enforcement of the County's short-
term vacation rental law.
(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.'
6
2. SECTION 3 of Bill No. 108, Draft 4, is amended to read as follows:
"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:
(1) [respond] Respond via telephone to a request from a guest, neighbor, or County
agency [for his or her presence] within one hour of receiving that request and
(2) [be] Be physically present at the short=term vacation rental within three hours of
receiving a call from a guest, neighbor, or County agency,when that guest, neighbor,
or County agency requests the presence of the reachable person."
'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]
does not include the short-term use of an owner's primary residence as defined under section 121
of the Internal Revenue Code."
3. SECTION 5 of Bill No. 108, Draft 4, is repealed from the bill.
"[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:
(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
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.
7
II
(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
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,
• .•. ._ . 1_9 • 1 I • 1 ..
resort node and in the CV district.
(11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A,
IA and 0 districts.
(12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG,
CV, MCX, ML, MG and 0 districts.
(13) Wind energy facilities in the 0 district; provided that the property is within
the state land use agricultural district.
(11) Other unusual and reasonable uses which are not specifically permitted in any
council by resolution."]"
4. SECTION 6 of Bill No. 108, Draft 4, is renumbered SECTION 5 and amended to read as
follows:
"SECTION [6]5. 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)](a)to read as
follows:
"(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model homes, as permitted under section 25-4-8.
(11) Neighborhood parks, playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
8
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Short-term vacation rentals situated in the general plan resort and resort node
areas.
£14) Temporary real estate offices, as permitted under section 25-4-8.
[(4-4)]U).Utility substations, as permitted under section 25-4-11.
(1) Bed and breakfast establishments as permitted under section 25 4 7.
(2) Care homes.
(3) Churches, temples and synagogues.
(1) 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
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.
-•• - - the genera
(11) Telecommunication antennas and towers.
(12) Yacht harbors and boating facilities.]r'
5. SECTION 7 of Bill No. 108, Draft 4, is renumbered SECTION 12 and amended to read as
follows:
"SECTION [7112. 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)](a) to
read as follows:
"(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(9) Business services.
(10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
9
(11) Churches, temples and synagogues.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25-4-11.
(14) Convenience stores.
(15) Crematoriums, funeral homes, funeral services, and mortuaries.
(16) Crop production.
(17) Day care centers.
(18) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(19) Dwellings,multiple-family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling
unit.
(20) Dwellings, single-family.
(21) Family child care homes.
(22) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and/or raw produce,plant life, fish and local
homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use, maintenance
and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
(23) Financial institutions.
(24) Group living facilities.
(25) Home occupations, as permitted under section 25-4-13.
(26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other
similar uses.
(27) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(28) Laboratories, medical and research.
(29) Lodges.
(30) Manufacturing, processing and packaging light and general, except for concrete
or asphalt products, where the products are distributed to retail establishments
located in the immediate community, as approved by the director.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes, as permitted under section 25-4-8.
(34) Neighborhood parks, playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography studios.
(38) Public uses and structures, as permitted under section 25-4-11.
(39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops, which are designed to primarily serve the local area.
(40) Repair establishments, major, when there are not more than five employees, as
approved by the director.
10
(41) Repair establishments, minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
(45) Short-term vacation rentals.
(46) Telecommunication antennas, as permitted under section 25-4-12.
[(46)]ap Temporary real estate offices, as permitted under section 25-4-8.
[(47)](448) Theaters.
[(48)](49) Utility substations, as permitted under section 25-4-11.
[(b) In addition to those uses permitted under subsection(a) above,the following uses
. .- .• ---•- - -• , : : •:ed that a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
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.
- • • • ]»»
6. SECTION 8 of Bill No. 108, Draft 4, is renumbered SECTION 9.
7. SECTION 9 of Bill No. 108, Draft 4, is renumbered SECTION 11.
8. SECTION 10 of Bill No. 108, Draft 4, is renumbered SECTION 13.
9. SECTION 11. of Bill No. 108, Draft 4, is renumbered SECTION 14.
10. SECTION 12 of Bill No. 108, Draft 4, is renumbered SECTION 15.
11. Bill No. 108, Draft 4, is amended by adding a new SECTION 6 to read as follows:
"SECTION 6. Chapter 25, article 5, division 2, section 25-5-22, 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 in the RD district:
(1) Adult day care homes.
(2) Bed and breakfast establishments as permitted under section 25-4-7.
11
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Crop production.
(6) Dwellings, double-family or duplex.
(7) Dwellings, single-family.
(8) Family child care homes.
(9) Group living facilities.
(10) Home occupations, as permitted under section 25-4-13.
(11) Meeting facilities.
(12) Model homes, as permitted under section 25-4-8.
(13) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(14) Public uses and structures, as permitted under section 25-4-11.
(15) Short-term vacation rentals situated in the general plan resort and resort node
areas.
16 Temporary real estate offices, as permitted under section 25-4-8.
[(4-6)]aa Utility substations, as permitted under section 25-4-11.""
12. Bill No. 108, Draft 4, is amended by adding a new SECTION 7 to read as follows:
"SECTION 7. Chapter 25, article 5, division 3, section 25-5-32, 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 in the RM district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Commercial or personal service uses, on a small scale, as approved by the
director, provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employees.
(6) Community buildings, as permitted under section 25-4-11.
(7) Crop production.
(8) Dwellings, double-family or duplex.
(9) Dwellings, multiple-family.
(10) Dwellings, single-family.
(11) Family child care homes.
(12) Group living facilities.
(13) Home occupations, as permitted under section 25-4-13.
(14) Meeting facilities.
(15) Model homes, as permitted under section 25-4-8.
(16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
12
(17) Public uses and structures, as permitted under section 25-4-11.
(18) Short-term vacation rentals situated in any of the following:
(A) General plan resort and resort node areas.
(B) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and governed
by chapters 514A or 514B, Hawai`i Revised Statutes.
19 Temporary real estate offices, as permitted under section 25-4-8.
[{�9)] 20 Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort areas identified
by the general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council, by resolution.
[(2-9)] 21 Utility substations, as permitted under section 25-4-11.""
13. Bill No. 108, Draft 4, is amended by adding a new SECTION 8 to read as follows:
"SECTION 8. Chapter 25, article 5, division 4, section 25-5-42, 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 in the RCX district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Churches, temples and synagogues.
(6) Commercial or personal service uses, on a small scale, as approved by the
director.
(7) Community buildings, as permitted under section 25-4-11.
.(8) Convenience stores.
(9) Crop production.
(10) Day care centers.
(11) Dwellings, double-family or duplex.
(12) Dwellings, multiple-family.
(13) Dwellings, single-family.
(14) Family child care homes.
(15) Group living facilities.
(16) Home occupations, as permitted under section 25-4-13.
(17) Medical clinics.
(18) Meeting facilities.
(19) Model homes, as permitted under section 25-4-8.
(20) Neighborhood parks, playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(21) Public uses and structures, as permitted under section 25-4-11.
13
(22) Restaurants.
(23) Schools.
(24) Short-term vacation rentals situated in the general plan resort and resort node
areas.
25 Utility substations, as permitted under section 25-4-11.""
14. Bill No. 108, Draft 4, is amended by adding a new SECTION 10 to read as follows:
"SECTION 10. Chapter 25, article 5, division 10, section 25-5-102, 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 in the CN district:
(1) Adult day care homes.
(2) Automobile service stations.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(5) Business services.
(6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(7) Churches, temples and synagogues.
(8) Community buildings, as permitted under section 25-4-11.
(9) Convenience stores.
(10) Crematoriums, funeral homes, funeral services, and mortuaries.
(11) Crop production.
(12) Day care centers.
(13) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(14) Dwellings,multiple-family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling
unit.
(15) Dwellings, single-family.
(16) Family child care homes.
(17) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and/or raw produce,plant life, fish and local
homegrown and homemade products for more than two days a week,the
director, at the time of plan approval, shall restrict the hours of use, maintenance
and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
(18) Financial institutions.
(19) Group living facilities.
(20) Home occupations, as permitted under section 25-4-13.
(21) Medical clinics.
14
(22) Meeting facilities.
(23) Model homes, as permitted under section 25-4-8.
(24) Museums.
(25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(26) Offices.
(27) Personal services.
(28) Photography studios.
(29) Public uses and structures, as permitted under section 25-4-11.
(30) Repair establishments, minor.
(31) Restaurants.
(32) Retail establishments.
(33) Schools.
(34) Short-term vacation rentals situated in the general plan resort and resort node
areas.
[(311)1a .5 Telecommunication antennas, as permitted under section 25-4-12.
[(35)1L) Theaters.
[(36)] 37 Utility substations as permitted under section 25-4-11.""
Thank you.
KE/wpb:lc
Att.
15
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:
(A) V, CG, and CV districts;
(B) Residential and commercial zoning districts, situated in the General
Plan Resort and Resort Node areas; and
(C) RM district, for multiple family dwellings within a condominium property
regime as defined and governed by chapters 514A or 514B, Hawai`i
Revised Statutes.
c2) Private covenants prohibiting use of any unit as a short-term vacation rental
shall not be invalidated by this chapter.
(3) Special permits in the state land use agricultural district shall not be issued
to permit short-term vacation rentals in farm dwellings, pursuant to
paragraph 205-4.5(a)(4), Hawai`i Revised Statutes.
(b) Registration of all short-term vacation rentals.
(1) Short-term vacation rentals in existence on or before the effective date of
this ordinance shall register with the director and pay a one-time fee of
$500. 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$500
prior to use of such rental.
16
(3) Short-term vacation rentals shall only be established within a dwelling that
has been issued final approvals by the building division for building,
electrical, and plumbing permits.
(4) 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 and verification that County
property taxes are paid in full;
(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 from nonconforming use
applicants 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.
(5) Owners of short-term vacation rentals shall notify the director when a
short-term vacation rental establishment permanently ceases to operate
for any reason.
.(6) 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.
(7) 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 as
proper registration and compliance with applicable requirements of this
section are 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 following shall be prominently displayed within
the dwelling unit and recited in the rental agreement signed by the tenant:
17
(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) 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 as well as the reachable person's name and phone
number, shall be displayed on 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
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.
The director shall:
(1) Receive and track complaints regarding short-term vacation rentals;
.(2) Provide information about rules, policies, and procedures pertaining to short-
term vacation rentals to property owners, managers, neighbors, and the general
public; and
(3) Maintain a list of all short-term vacation rentals that have registered or received
a nonconforming use certificate.
(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.
Section 25-4- .1. Short-term vacation rental nonconforming use certificate.
(a) Nonconforming use certificate. In addition to registering pursuant to
25-4- (b)(1), the owner of any short-term vacation rental which operated outside of a
permitted zoning district prior to the effective date of this ordinance, shall obtain a
short-term vacation rental nonconforming use certificate in order to continue to
operate. This certificate must be renewed annually. Applications for nonconforming
use certificates must be submitted to the director no later than one hundred eighty
days after the effective date of this ordinance.
(b) Evidence of prior use.
(1) The applicant seeking a short-term vacation rental nonconforming use
certificate shall have the burden of proof in establishing that the property
18
was in use prior to the effective date of this ordinance and that the dwelling
has been issued final approvals by the building division for building,
electrical, and plumbing permits. Evidence of such use prior to the effective
date of this ordinance may include tax documents for the relevant time
period or other reliable information.
(c) Issuance of initial nonconforming use certificate.
(1) The director shall determine whether to issue a short-term vacation rental
nonconforming use certificate for a short-term vacation rental based on the
evidence submitted and other pertinent information.
(2) Issuance of an initial nonconforming use certificate may be denied if the
director verifies any of the following:
(A) The applicant has violated pertinent laws, such as not securing and
finalizing necessary building permits for the dwelling;
(B) The owner is delinquent in payment of State of Hawai`i general excise tax,
transient accommodations tax, or County property taxes, fees, fines, or
penalties assessed in relation to the short-term vacation rental; or
(C) Evidence of non-responsive management, such as issuance of a notice of
violation, police reports, or verified neighbor complaints of noise or other
disturbances relating to the short-term rental operations.
(d) Annual renewal.
(1) Nonconforming use certificates must be renewed every year on or before the
expiration date indicated on the certificate.
(2) At the time of renewal the applicant shall pay a renewal fee of$250 to the
director of finance.
(3) 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.
(4) Renewal of a nonconforming use certificate may be denied if the director
verifies any of the following:
(A) Any of the criteria for denial in section 25-4- .1.(c)(2);
(B) The owner or reachable person has not been reachable; or
(C) The renewal request and renewal fee were not received on or before the
expiration date indicated on the certificate.
(e) Agricultural lands. In the State land use agricultural district, a short-term vacation
rental nonconforming use certificate may only be issued for single-family dwellings
on lots existing before June 4, 1976.
(f) Notice of denial of a nonconforming use certificate and appeal.
(1) Notice of a decision by the director to deny the initial issuance or renewal of a
nonconforming use certificate shall be transmitted in writing to the property
owner.
(2) Within thirty days after the receipt of a notice of denial,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.
19
(g) 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.
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
rp operty_. 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 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.
cc) This account shall be funded by all fees and fines collected in connection with the
administration and enforcement of the County's short-term vacation rental law.
(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:
(1) Respond via telephone to a request from a guest, neighbor, or County agency within
one hour of receiving that request; and
(2) Be physically present at the short-term vacation rental within three hours of receiving
a call from a guest, neighbor, or County agency, when that guest, neighbor, or County
agency requests the presence of the reachable person."
"Short-term vacation rental"means a dwellingunit of which the owner or operator does
p
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 does not include the
short-term use of an owner's primary residence as defined under section 121 of the Internal
Revenue Code."
20
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 Ler],permit, [including variances] or variance from the
provisions of this chapter, shall constitute a violation of this chapter."
SECTION 5. 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(a)to read as
follows:
"(a) The following uses shall be permitted in the RS district:
(1) Adult day care homes.
(2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(3) Community buildings, as permitted under section 25-4-11.
(4) Crop production.
(5) Dwellings, single-family.
(6) Family child care homes.
(7) Group living facilities.
(8) Home occupations, as permitted under section 25-4-13.
(9) Meeting facilities.
(10) Model homes, as permitted under section 25-4-8.
(11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(12) Public uses and structures, as permitted under section 25-4-11.
(13) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(14) Temporary real estate offices, as permitted under section 25-4-8.
[(4-4)](15) Utility substations, as permitted under section 25-4-11."
SECTION 6. Chapter 25, article 5, division 2, section 25-5-22, 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 in the RD district:
(1) Adult day care homes.
(2) Bed and breakfast establishments as permitted under section 25-4-7.
(3) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(4) Community buildings, as permitted under section 25-4-11.
(5) Crop production.
21
(6) Dwellings, double-family or duplex.
(7) Dwellings, single-family.
(8) Family child care homes.
(9) Group living facilities.
(10) Home occupations, as permitted under section 25-4-13.
(11) Meeting facilities.
(12) Model homes, as permitted under section 25-4-8.
(13) Neighborhood parks, playgrounds,tennis courts, swimming pools, and similar
neighborhood recreational areas and uses. •
(14) Public uses and structures, as permitted under section 25-4-11.
(15) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(16) Temporary real estate offices, as permitted under section 25-4-8.
[(4)](17) Utility substations, as permitted under section 25-4-11."
SECTION 7. Chapter 25, article 5, division 3, section 25-5-32, 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 in the RM district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Commercial or personal service uses, on a small scale, as approved by the
director,provided that the total gross floor area does not exceed one thousand
two hundred square feet and a maximum of five employees.
(6) Community buildings, as permitted under section 25-4-11.
(7) Crop production.
(8) Dwellings, double-family or duplex.
(9) Dwellings,multiple-family.
(10) Dwellings, single-family.
(11) Family child care homes.
(12) Group living facilities.
(13) Home occupations, as permitted under section 25-4-13.
(14) Meeting facilities.
(15) Model homes, as permitted under section 25-4-8.
(16) Neighborhood parks,playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(17) Public uses and structures, as permitted under section 25-4-11.
(18) Short-term vacation rentals situated in any of the following:
(A) General plan resort and resort node areas.
(B) Outside the general plan resort and resort node areas, in multiple family
dwellings within a condominium property regime as defined and governed
by chapters 514A or 514B, Hawai`i Revised Statutes.
22
(19) Temporary real estate offices, as permitted under section 25-4-8.
[(4-9)](20) Time share units situated in any of the following:
(A) Areas designated as resort under the general plan land use pattern
allocation guide (LUPAG) map.
(B) Areas determined by the director to be within resort areas identified
by the general plan land use element, except for retreat resort areas.
(C) Areas determined for such use by the council, by resolution.
[(2-0)](21) Utility substations, as permitted under section 25-4-11."
SECTION 8. Chapter 25, article 5, division 4, section 25-5-42, 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 in the RCX district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Boarding facilities, rooming, or lodging houses.
(4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(5) Churches, temples and synagogues.
(6) Commercial or personal service uses, on a small scale, as approved by the
director.
(7) Community buildings, as permitted under section 25-4-11.
(8) Convenience stores.
(9) Crop production.
(10) Day care centers.
(11) Dwellings, double-family or duplex.
(12) Dwellings,multiple-family.
(13) Dwellings, single-family.
(14) Family child care homes.
(15) Group living facilities.
(16) Home occupations, as permitted under section 25-4-13.
(17) Medical clinics.
(18) Meeting facilities.
(19) Model homes, as permitted under section 25-4-8.
(20) Neighborhood parks,playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(21) Public uses and structures, as permitted under section 25-4-11.
(22) Restaurants.
(23) Schools.
(24) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(25) Utility substations, as permitted under section 25-4-11."
23
SECTION 9. Chapter 25, article 5, division 9, section 25-5-92, 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 in the V district:
(1) Adult day care homes.
(2) Amusement and recreational facilities, indoor.
(3) Art galleries, museums.
(4) Automobile service stations.
(5) Bars, night clubs and cabarets.
(6) Bed and breakfast establishments, as permitted under section 25-4-7.
(7) Business services.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(9) Churches,temples, and synagogues.
(10) Commercial parking lots and garages.
(11) Community buildings, as permitted under section 25-4-11.
(12) Day care centers.
(13) Dwellings, double-family or duplex.
(14) Dwellings, multiple-family.
(15) Dwellings, single-family.
(16) Family child care homes.
(17) Financial institutions.
(18) Group living facilities.
(19) Home occupations, as permitted under section 25-4-13.
(20) Hotels.
(21) Lodges.
(22) Medical clinics.
(23) Meeting facilities.
(24) Major outdoor amusement and recreation facilities.
(25) Model homes, as permitted under section 25-4-8.
(26) Parks, playgrounds, tennis courts, swimming pools, and other similar open area
recreational facilities.
(27) Personal services.
(28) Photography studios.
(29) Public uses and structures, as permitted under section 25-4-11.
(3 0) Restaurants.
(31) Retail establishments.
(32) Short-term vacation rentals.
(33) Telecommunication antennas, as permitted under section 25-4-12.
[(33)](34) Temporary real estate offices, as permitted under section 25-4-8.
[94-)](35) Theaters.
[(35)](36) Time share units.
[(36)](37) Utility substations, as permitted under [Section] section 25-4-11.
[(37)(38) Visitor information centers."
24
SECTION 10. Chapter 25, article 5, division 10, section 25-5-102, 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 in the CN district:
(1) Adult day care homes.
(2) Automobile service stations.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(5) Business services.
(6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(7) Churches, temples and synagogues.
(8) Community buildings, as permitted under section 25-4-11.
(9) Convenience stores.
(10) Crematoriums, funeral homes, funeral services, and mortuaries.
(11) Crop production.
(12) Day care centers.
(13) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(14) Dwellings, multiple-family,provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling
unit.
(15) Dwellings, single-family.
(16) Family child care homes.
(17) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and/or raw produce, plant life, fish and local
homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use, maintenance
and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
(18) Financial institutions.
(19) Group living facilities.
(20) Home occupations, as permitted under section 25-4-13.
(21) Medical clinics.
(22) Meeting facilities.
(23) Model homes, as permitted under section 25-4-8.
(24) Museums.
(25) Neighborhood parks,playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(26) Offices.
(27) Personal services.
(28) Photography studios.
(29) Public uses and structures, as permitted under section 25-4-11.
25
(30) Repair establishments, minor.
(31) Restaurants.
(32) Retail establishments.
(33) Schools.
(34) Short-term vacation rentals situated in the general plan resort and resort node
areas.
(35) Telecommunication antennas, as permitted under section 25-4-12.
[(35)](36) Theaters.
K-3-6)](37) Utility substations as permitted under section 25-4-11."
SECTION 11. Chapter 25, article 5, division 11, section 25-5-112, 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 uses in the CG district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile service stations.
(6) Automobile sales and rentals.
(7) Bars, nightclubs and cabarets.
(8) Bed and breakfast establishments, as permitted under section 25-4-7.
(9) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(10) Broadcasting stations.
(11) Business services.
(12) Car washing, provided that if it is mechanized, sound attenuated structures or
sound attenuated walls shall be erected and maintained on the property lines.
(13) Catering establishments.
(14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(15) Churches,temples and synagogues.
(16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the
cleansing agent.
(17) Commercial parking lots and garages.
(18) Community buildings, as permitted under section 25-4-11.
(19) Convenience stores.
(20) Crematoriums, funeral homes, funeral services, and mortuaries.
(21) Crop production.
(22) Day care centers.
(23) Display rooms for products sold elsewhere.
(24) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
26
(25) Dwellings, multiple-family,provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(26) Dwellings, single-family.
(27) Equipment sales and rental yards, and other yards where retail products are
displayed in the open.
(28) Family child care homes.
(29) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and/or raw produce, plant life, fish and local
homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
(30) Financial institutions.
(31) Group living facilities.
(32) Home occupations, as permitted under section 25-4-13.
(33) Hospitals, sanitariums, old age, convalescent,nursing and rest homes and other
similar uses.
(34) Hotels.
(35) Ice storage and dispensing facilities.
(36) Laboratories, medical and research.
(37) Laundries.
(38) Light manufacturing,processing and packaging, where the only retail sales
outlet for products produced is on the premises where produced.
(39) Medical clinics.
(40) Meeting facilities.
(41) Model homes, as permitted under section 25-4-8.
(42) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(43) Offices.
(44) Personal services.
(45) Photography studios.
(46) Public uses and structures, as permitted under section 25-4-11.
(47) Printing shops, cartographing and duplicating processes such as blueprinting or
photostating shops.
(48) Repair establishments, minor.
(49) Restaurants.
(50) Retail establishments.
(51) Schools.
(52) Short-term vacation rentals.
[(52)](53) Telecommunication antennas, as permitted under section 25-4-12.
[(53)](54) Theaters.
[(54)](55) Time share units.
[(55)](56) Utility substations, as permitted under section 25-4-11.
[(x)](57) Veterinary establishments."
27
SECTION 12. 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 (a) to read as
follows:
"(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(9) Business services.
(10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(11) Churches, temples and synagogues.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25-4-11.
(14) Convenience stores.
(15) Crematoriums, funeral homes, funeral services, and mortuaries.
(16) Crop production.
(17) Day care centers.
(18) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(19) Dwellings,multiple-family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or dwelling
unit.
(20) Dwellings, single-family.
(21) Family child care homes.
(22) Farmers markets. When the vending activity in a farmers market involves more
than just the sale of local fresh and/or raw produce,plant life, fish and local
homegrown and homemade products for more than two days a week, the
director, at the time of plan approval, shall restrict the hours of use, maintenance
and operations and may require improvements as determined appropriate to
ensure its compatibility with the existing character of the surrounding area.
(23) Financial institutions.
(24) Group living facilities.
(25) Home occupations, as permitted under section 25-4-13.
(26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other
similar uses.
(27) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(28) Laboratories, medical and research.
28
(29) Lodges.
(30) Manufacturing, processing and packaging light and general, except for concrete
or asphalt products, where the products are distributed to retail establishments
located in the immediate community, as approved by the director.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes, as permitted under section 25-4-8.
(34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography studios.
(38) Public uses and structures, as permitted under section 25-4-11.
(39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops, which are designed to primarily serve the local area.
(40) Repair establishments, major, when there are not more than five employees, as
approved by the director.
(41) Repair establishments, minor.
(42) Restaurants.
(43) Retail establishments.
(44) Schools.
(45) Short-term vacation rentals.
(46) Telecommunication antennas, as permitted under section 25-4-12.
[(4-6)](47) Temporary real estate offices, as permitted under section 25-4-8.
[(47)](48) Theaters.
[(48 ](49) Utility substations, as permitted under section 25-4-11.
SECTION 13. 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 14. 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.
SECTION 15. This ordinance shall take effect upon approval.
29