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HomeMy WebLinkAboutCOM 0050.003 2018-2020 Harry Kim �oF`p'• , •'�"•• Michael Yee Mayor ,la. Director - &-• Duane Kanuha +.4_��ow��� Deputy Director • 't OFid'�• , West Hawaii Office East Hawaii Office 74-5044 Me Keohokalole Hwy • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai`i 96740 County Ol Hawai 1 Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 C'? MEMORANDUM a'c -,._ rrt January 31, 2019 On< TO: Aaron S.Y. Chung, Council Chair and Members of the County Council >,, .. FROM: Michael Yee Planning Director SUBJECT: Proposed Establishment of Planning Department Rule 23 (Short Term Vacation Rentals) With the adoption of Bill 108, by the Hawai`i County Council in November 2018 as Ordinance 2018-114, the Planning Department has been tasked with administering the provisions of Bill 108. Subsequently, the department has prepared a draft of its proposed Rule 23, to be incorporated into the Planning Department's Rules of Practice and Procedure. This draft of Rule 23 outlines the new practices and procedures necessary to implement the provisions set forth in Bill 108. As a courtesy notification, the department will hold public hearings regarding draft Rule 23 on the following dates and times: Date: Thursday, February 28, 2019 Time: 5:30 p.m. Place: West Hawai'i Civic Center, County Council Chambers Date: Friday, March 1, 2019 Time: 5:30 p.m. Place: Hilo,Aupuni Center Conference Room If you have any comments, please submit them to the Planning Director by Friday, February 22, 2019. Should you have any questions, please contact Norren Kato at Ext 8154 or Jeff Darrow at Ext 8158. Mahalo! Attachments: Proposed Planning Department Rule 23 (DRAFT) Ordinance 2018-114 (Bill 108) Comm. No. . . a-3 Notice of Public Hearing for Rulemaking Ref. To: Ref. Dote FEB 0;1 2019 www.hiplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov COUNTY OF HAWAI`I PLANNING DEPARTMENT RULES OF PRACTICE AND PROCEDURE RULE 23. SHORT-TERM VACATION RENTALS (V0.3-1.25.19 draft) I. GENERAL PROVISIONS 23-1 Authority Pursuant to the authority conferred upon the Director by Chapter 25, Hawai`i County Code or any amendments thereto, the rules hereinafter contained are established to regulate Short- Term Vacation Rentals. 23-2 Purpose The purpose of this Rule is to establish procedures for the processing'of Short-Term Vacation Rentals and manage their impacts. 23-3 Definitions For the purpose of this Rule, unless itis plainly evident from the content that a different meaning is intended, certain words and phrases used herein are defined as follows: (a) "Building site"means a parcel of land which is occupied or is to be occupied by a principal use and accessory usesor a building or group of buildings and includes a lot and a plot;.' (b) "Department"means,the Hawai`i County Planning Department. (c)' "Director"means the director of the Planning Department. (d) ' "Dwelling"means a building or part thereof designed for or used for residential occupancy or both and containing one or more dwelling units, and includes double- family dwelling or duplex,mobile dwelling,multiple-family dwelling and single-family dwelling. (e) "Dwellingunit"means one or more rooms designed for or containing or used as the complete facilities`for the cooking, sleeping and living area of a single-family only and occupied by no more than one family and containing a single kitchen. (f) "Family"means an individual or two or more persons related by blood, state-sanctioned adoption, foster parentage, guardianship or marriage,or a group of not more than five unrelated persons (excluding servants), occupying a dwelling unit. (g) "HCC"means the Hawai`i County Code. (h) "New Short-Term Vacation Rental"means a Short-Term Vacation Rental in existence after April 1,2019. Planning Department Rules of Practice&Procedure 23-1 • (1) "Pre-existing Short-Term Vacation Rental"means a Short-Tenn Vacation Rental in existence on or before April 1, 2019. (j) "Reachable" means being able to respond via telephone to a request from a guest, neighbor, or County agency within orie hour of receiving that request and 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 a reachable person. (k) "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 does not include the short-term use of an owner's primary residence as defined under section 121 of the Internal Revenue Code. (1) "STVR"means Short-Term Vacation Rental. (m) "Verified complaint"means: (1) Any complaint filed with, or forwarded-to the Department and verified as a zoning code violation by the Director;or., (2) A complaint forwarded to the Department.from the Police Department,the subject matter of which;relates to a violation'of HCC Chapter 25 resulting from the'operation of an STVR. II. ELIGIBILITY 23-4 Zoning Districts (a) STVRs-shall be permitted in the following Zoning Districts: (1) Resort(V); (2) General Commercial (CG); (3) •Village Commercial (CV); (4) Residential and Commercial Zoning Districts situated in the General Plan Resort and Resort Node areas; and (5) Multiple-Family Residential (RM) for multiple family dwellings within a condominium property regime as defined and governed by Chapters 514A or 514B, Hawai`i Revised Statutes. (b) STVRs outside of the Permitted Zoning Districts, with the exception of lots created on or after June 4, 1976 in the State Land Use Agricultural District, may continue operations by obtaining a Nonconforming Use Certificate and STVR Registration Number from the Department. Planning Department Rules of Practice&Procedure 23-2 23-5 Building Site (a) All STVRs shall be established within a dwelling that has been issued final approvals for building, electrical, and plumbing permits from the County of Hawaii Department of Public Works Building Division. (b) All guest parking for STVRs shall meet the requirements set forth in HCC Section 25- 4-51, and applicable parking standards in this chapter. 23-6 Standards All STVRs shall conform to the following standards: (a) The maximum number of guests permitted within an STVR at any one time shall be sixteen(16)persons as permitted under HCC Chapter 5: (b) 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 Department shall be notified within five (5) days of a change in the reachable person's contact information. (c) The owner or reachable person shall be responsible to ensure:that activities taking place within the STVR conform to the character of the existing neighborhood in which the rental is located. (d) Display Requirements. (1) Good Neighbor Policy. 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. (C) Guest vehicles shall be parked in the designated parking area. (D) The Short-Term Vacation Rental shall not be used for unpermitted 'events such as weddings, sponsored events, special performances, and the like. (2) A copy of the STVR Registration approval, and the reachable person's name and phone number, shall be displayed on the back of the front door of the sleeping quarters. (3) Current Nonconforming Use Certificates shall be displayed in a conspicuous place on the STVR's 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. Planning Department Rules of Practice &Procedure 23-3 (e) All print and internet advertising of STVRs, including listings with a rental service or real estate firm, shall include the STVR Registration Number. The Nonconforming Use Certificate Number shall also be included, if one has been issued. (f) All guest parking for STVRs shall be off-street and shall meet the requirements set forth in HCC Section 25-4-51 and applicable parking standards in this chapter. If there is any doubt as to the requirements for off-street parking for an STVR, the Director shall determine the required number of parking spaces. (g) Any commercial signage that advertises an STVR shall comply with the requirements of HCC Section 22-2.6 and HCC Chapter 3. (h) Owners of STVRs shall notify the Director within thirty(30) days when such use permanently ceases for any reason. (i) Upon change in ownership, the new owner shall notify the Director forthwith of the change in ownership and provide: (1) Contact information for the new owner; (2) A copy of the conveyance document; (3) Signed STVR Compliance Notice; (4) Contact information for the reachable person; and (5) Any other information deemed relevant and requested by the Director. 23-7 Non-applicability The provisions of this Rule shall not apply to: (a) A building site within the State Land Use Conservation District. (b) A building site developed under an affordable housing project approved by the State Housing Finance and Developh-ientCorporation(HFDC) and/or the County Housing Agency, which has been granted preemption from the requirement of the Hawai`i County Code. (c) A lot developed as a Planned Unit Development(PUD) or a Cluster Plan Development (CPD). (d) Private covenants prohibiting use of any unit as an STVR shall not be invalidated by HCC Chapter 25.. III. APPLICATION 23-8 Time Limits (a) All Short-Term Vacation Rentals must submit a completed Short-Term Vacation Rental Application and the associated fee to the Department no later than September 28,2019,to legally operate in Hawai`i County. (b) Pre-existing STVRs. (1) Pre-existing STVRs in Permitted Zoning Districts shall apply for an STVR Planning Department Rules of Practice &Procedure 23-4 Registration Number no later than September 28, 2019. (2) Pre-existing STVRs outside of Permitted Zoning Districts shall apply for a Nonconforming Use Certificate and STVR Registration Number no later than September 28, 2019, unless otherwise indicated. • (3) Pre-existing STVRs on lots created prior to June 4, 1976 in the State Land Use Agricultural District shall apply for a Nonconforming Use Certificate and STVR Registration Number no later than September 28, 2019. (c) New STVRs in Permitted Zoning Districts shall obtain an STVR Registration Number before commencing operation. (d) Any STVR in a Permitted Zoning District 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 requirementsof this chapter are obtained. 23-9 Fees • (a) Fees collected under this Rule are non-refundable and shall be deposited into the Short- Term Vacation Rental Enforcement Account. (b) Payments by check shall be made payable to the Director of Finance. (c) Schedule of Fees. (1) STVR Registration: A non-refundable filing and processing fee of$500—, due._ upon submittal of application for an STVR Registration Number. (2) STVR Registration with a Nonconforming Use Certificate: A non-refundable filing and processing fee of$500, due upon submittal of an application for an • STVR Registration Number and Nonconforming Use Certificate. (3) Nonconforming Use Certificate Renewal: A non-refundable filing and processing fee of$250, due upon submittal of renewal application. (4), Site inspection fee: A non-refundable processing fee of$100, due upon a request for a site inspection by the Director pursuant to 23-15(a) of this Rule. 23-10 $TVR Registration (a) A person desiring to commence or continue operation of an STVR that satisfies the eligibility requirements under this Rule shall submit an STVR Application to the Director for approval. (b) One(1) STVR Application form shall be submitted for each tax map key on which an eligible STVR is situated. (c) Applicants shall provide the following documents when applying for an STVR Registration: (1) A completed Short-Term Vacation Rental Application; Planning Department Rules of Practice &Procedure 23-5 (2) Landowner authorization, if applicable. (3) A non-refundable filing and processing fee of$500. Payments by check shall be made payable to the Director of Finance; (4) Current State of Hawai`i General Excise and Transient Accommodations tax licenses; (5) Pre-existing STVRs shall submit evidence that establishes STVR use on the subject property during the relevant time period. The evidence must be of such quality to demonstrate to the satisfaction of the Director that the dwelling unit was being used as an STVR on an ongoing basis prior to April 1, 2019 with a pattern of consistency that evidences an ongoing and lawful enterprise. Such evidence may include copies of: (A) State of Hawai`i General Excise/Transient Accommodations tax filings; (B) Federal and State Income Tax Returns; and/or (C) Other reliable information that provides clear evidence of STVR operations during the relevant time period, including but not limited to, verifiable business receipts,guest registers, etc.; (6) Real Property Tax Clearance Certificate; (7) Plot plan, drawn to scale, on 11"x 17"paper,identifying: (A) All property boundaries,dimensions, and setbacks; (B) Location of existing and proposed structures, driveway access, swimming pools, ancillary structures, eaves, overhangs, etc. shall be clearly identified and labeled; (C) Designated parking spaces for the STVR, as required by HCC Section 25- 4-51; and (D) Reference points such as roadways, shoreline, etc.; (8) Floor plan, drawn to scale, on 11"x 17"paper, identifying the location and use of all rooms in the STVR; (9) Approved, issued, and completed building, electrical, and plumbing permits by the Department of Public Works Building Division; (10) Signed STVR Compliance Notice; and (11) Any other information deemed relevant by the Director to facilitate processing the application request. 23-11 Nonconforming Use Certificate (a) All STVRs located outside of Permitted Zoning Districts, shall complete the following: Planning Department Rules of Practice&Procedure 23-6 (1) Obtain a Nonconforming Use Certificate, and (2) Register with the Department. • (b) STVRs located outside of Permitted Zoning Districts must have commenced operations prior to April 1, 2019 to qualify for a Nonconforming Use Certificate and STVR Registration. Any STVR that commences operation after April 1, 2019 outside of a Permitted Zoning District constitutes a violation of the Zoning Code and must cease operations. (c) When applying for a Nonconforming Use Certificate, one (1) STVR Application form shall be submitted for each tax map key on which an eligible STVR is situated. • (d) Applicants who seek to obtain a Nonconforming Use Certificate and STVR Registration Number shall submit to the Department: (1) A completed STVR Application with associated documents; (2) A non-refundable filing and processing fee of$500.Payments by check shall be made payable to the Director of Finance; (3) A list of the names, addresses, and tax map keys of all owners and lessees of record of all lots of which any portion is within three hundred(300) feet of any point along the perimeter boundary of the STVR property,who shall receive notice of the STVR application; (4) A copy of the first notice to be'sent to the affected property owners. The notice shall include: (A) Name of the applicant; (B) Nature of the use sought; (C) STVR's street address and tax map key number; (D) Date application was filed with the Director; (E) Number of Units being rented; (F) Maximum number of guests permitted; (G) Off-street parking location; and (H)• -Instructions on how to submit comments to the Director about the subject rental operation. (5) Proof of service or of good faith efforts to serve notice of the application on the designated property owners. Such proof may consist of certified mail receipts, affidavits, or the like. (6) Any other information deemed relevant by the Director to facilitate processing the application request. 23-12 Nonconforming Use Certificate Renewal (a) Nonconforming Use Certificates must be renewed every year on or before the expiration date indicated on the Certificate. Planning Department Rules of Practice &Procedure 23-7 1 � (b) Renewal applications shall be accepted at the Department no earlier than sixty(60) days prior to a Nonconforming Use Certificate's expiration date. (c) The Department will not issue reminder notices for upcoming expiration dates. (d) Late renewal applications will not be accepted;Failure to file a renewal application by the Nonconforming Use Certificate's expiration date will be considered voluntary forfeiture of the Certificate,rendering the Certificate ineligible for renewal. tothe Department: (e) At the time of renewal,the applicant shall submit h D ppp (1) A completed Nonconforming Use Certificate Renewal form; (2) A non-refundable filing and processing fee of$250.Payments by check shall be made payable to the Director of Finance; (3) Signed STVR Compliance Notice; (4) Real Property Tax Clearance Certificate; and (5) Proof of STVR use within the previous twelve(12) months. Such proof shall include copies of General Excise and Transient Accommodations Tax filings for the nonconforming use. Failure to meet this condition will result in automatic denial. IV. APPLICATION PROCESS 23-13 General Provisions (a) Unless otherwise specified, Sections 23-13 through 23-18 of this Rule shall provide the processing procedures for applications for STVR Registration,Nonconforming Use Certificates, and Nonconforming Use Certificate Renewals. (b) The Director shall, within ninety(90) days after the filing of a complete application or within a longer period as may be agreed to by the applicant, deny the application or approve it subject to conditions. The conditions imposed by the Director shall bear a reasonable relationship to the approval granted. All actions shall contain a statement of factual findings supporting the decision. 23-14 Incomplete Application (a) The Director shall neither accept nor process an application that is deemed incomplete as to form and content. An incomplete application shall be returned to the applicant with a written explanation of its deficiencies.A written determination as to whether or not the application is complete or incomplete shall be made within fifteen(15) days upon receipt of • the application. (b) Any application that is rejected as defective may be refiled together with a copy of the deficiency notice and the required additional information. The resubmitted application shall be accepted as complete as of the date of resubmission,provided that all required additional information has been submitted. 23-15 Application Process (a) Once an application is accepted,the Department may require a site inspection to verify that the STVR is located within a legal dwelling and complies with HCC Chapter 25, any rule Planning Department Rules of Practice &Procedure 23-8 adopted thereunder, or any permit or variance issued pursuant thereto. (b) Second Notice Requirement for Nonconforming Use Certificate Applicants (1) Upon receipt and acceptance of a properly filed and completed application, the Director shall officially acknowledge receipt of the application and set a date for consideration of the application. (2) Within ten(10) days of receiving the acknowledgment communication from the Director, the applicant shall: (A) Serve a second notice of the application to all owners and lessees of record of all lots of which any portion is within three hundred (300)feet of any point along the perimeter boundary of the STVR property, and (B) Provide proof of service or of good faith efforts to serve notice of the application on the designated property owners and lessees. (3) The second notice shall include: ti (A) Name of the applicant; (B) Nature'of the use sought; - (C) STVR's street address and tax map key number; (D) Date application was filed with the Director; (E) Number of units being rented; (F). Maximum number of guests permitted; (G) Off-street parking location; (H) "Reachable,person"contact information; (I) Thedate on which the administrative action by the Director will be taken on the application; • (J) The date by which comments must be received by the Director,which • shall not exceed thirty(30)days from the date that affected property owners receive the second notice; and (K) Instructions on how to submit comments to the Director about the subject rental operation. (4) Failure to meet the second notice requirement within the posted time limits will render the Nonconforming Use Certificate application invalid. (5) The Director shall publish, on a semi-monthly basis, a list of all applications accepted under this Rule in at least two newspaper of general circulation in the County. Such list shall include: Planning Department Rules of Practice &Procedure 23-9 (A) Name of the property owner; (B) Tax map key number of the property; (C) The land area; and (D) STVR street address, if available. • 23-16 Decision • • (a) The Director shall render a decision(approve or deny) on the STVR Registration application within ninety(90) days after receipt of a completed application. Where an applicant has applied for a Nonconforming Use Certificate and an STVR Registration simultaneously, the ninety-day(90)review periods for each application shall nun concurrently. (b) If a decision is not rendered within the ninety-day(90)period,the application shall be deemed approved. (c) Decisions by the Director to approve or deny an application shall be based on information provided by the applicant, and other information-of which the Department is aware. Should additional information of a substantive nature become available after a decision has been rendered, the Director reserves to right to overturn or amend the original determination.- (d) At a minimum, the STVR approval issued by the Director shall include the following: (1) Name and address of the landowner or lessee; (2) Tax map key number; • (3) State Land Use district classification, County zoning district, and General Plan designation; (4) Expiration date of the Nonconforming Use Certificate, if applicable. (e) The Director may attach appropriate performance conditions on an approved Nonconforming Use Certificate and STVR Registration if the conditions are reasonably designed to mitigate•adverse impacts to the neighborhood in which the STVR is situated. (f) Approval of an application does not confer approval of additional uses beyond those of an STVR. Examples of such uses include,but are not limited to: corporate events,weddings, special performances, sponsored events, and the like,which may require additional permitting. (g) Nonconforming Use Certificates. The Director may consider,but is not limited to, the following factors in reviewing, and approving or denying, a Nonconforming Use Certificate application: (1) The number and distance of other proposed or permitted STVRs; (2) The number and substance of public comments against the proposed STVR; (3) Complaints filed on the property about rental operations; and Planning Department Rules of Practice&Procedure 23-10 • (4) Existing or past noncompliance with HCC Chapter 25, any rule adopted thereunder, or any permit or variance issued pursuant thereto. (h) Nonconforming Use Certificate Renewal. (1) Renewal of a Nonconforming Use Certificate may be denied if the Director verifies anyof the following: I g (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; (C) Evidence of nonresponsive management, such as issuance of a notice of violation,police reports, or verified neighbor complaints of noise or other disturbances relating to the STVR operations; (D) The owner or reachable-person has not been reachable; (E) The renewal request and renewal fee were not received on,or before the expiration date; • (F) The Director has received and investigated verified complaints of such number and/or nature as to establish a continuing infringement upon the health, safety, or Welfare Of the neighborhood or area; (G) Evidence that the conditions of approval have been violated; or (H)., False or misleading information on the application or in any information relating.thereto at any time during the application process has been provided to the Department. (2) Renewal of a Nonconforming Use Certificate shall be denied if the Director finds that the STVR use has been abandoned pursuant to HCC Section 25-4-62. (3) Upon renewal,the Director may initiate re-inspection of STVR properties for compliance with provisions of this chapter, or other pertinent land use laws, and may withhold approval of a renewal application until all violations have been resolved to the satisfaction of the Director. (i) 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(30) 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 HCC Sections 25-2-20 through 25-2-24. 23-17 Anpeals Planning Department Rules of Practice&Procedure -- 23-11 The approval or disapproval of the STVR Registration,Nonconforming Use Certificate, or Nonconforming Use Certificate Renewal applications by the Director may be appealed to the Board of Appeals in accordance with its rules. 23-18 Amendments (a) The owner or applicant may apply with the Director for an addition, modification, and/or deletion of a condition, other than a time condition, by setting forth in writing the affected condition, what the request is for, and the reasons for the request. (b) Within forty-five days from the date of receipt of the request or a longer time as may be agreed to by the owner or applicant,the Director shall either approve or deny the request. (c) If the Director fails to act within the prescribed time,the request shall be considered as having been denied. V. COMPLIANCE 23-19 Enforcement (a) STVRs in violation of HCC Chapter 25, any rule:adopted thereunder,or any permit or variance issued pursuant thereto, shall be subject to enforcement pursuant,to HCC Section 25-2-35. (b) The Department shall catalog any complaints on STVR properties relating to the violation of HCC Chapter 25,this Rule, or any permit issued therefrom. (c) Verified complaints shall be considered by,.the Director in approving or denying an application for an STVR Registration,Nonconforming Use Certificate,or Nonconforming Use Certificate Renewal.Verified complaints may also result in revocation of an STVR Registration, and/or Nonconforming Use Certificate. (d) Civil fines for violations of this Rule shall comply with HCC Section 25-2-35 and Planning Department Rules of Practice and Procedure,Rule 9. (e) Revocation (1) , An STVR Registration and, if applicable, a Nonconforming Use Certificate,may be revoked by the Director in the event that any STVR owner or applicant submits a written statement to the Director voluntarily forfeiting the STVR Registration and/or Nonconforming Use Certificate. (2) An STVR Registration and/or Nonconforming Use Certificate may be revoked by the Director in the event that: (A) The STVR fails to comply with the conditions of the Registration and/or Nonconforming Use Certificate; and/or (B) The use authorized under the approval has created a threat to the health, safety, or welfare of the community. (C) The STVR fails to comply with any portion of HCC Chapter 25 or this Rule. Planning Department Rules of Practice&Procedure 23-12 23-20 Prima facie evidence Advertising of any sort that offers a property as a STVR'shall constitute prima facie evidence that an STVR 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 an STVR or that it is being used for such purpose legally. • 23-21 Transferability STVR Registration shall automatically continue, subject to termination by a new owner and 23-6(i) of this Rule. 23-22 Recordkeening • (a) It is the responsibility of owners/operators of STVRs to keep and maintain a personal record of all permits,plans, applications, and other filings submitted to the Department. (b) The Director shall: (1) Receive and track complaints:regarding STVRs; (2) Provide information about rules;policies,and procedures pertaining to STVRs to property owners,managers,neighbors, and the general public; and (3) Maintain a list of all STVRs_that have registered or received a Nonconforming Use Certificate. (c) In the event of a declared emergency,natural or manmade,where a significant number of nonconforming STVRs 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 STVR capacity within the district of origin. • • Planning Department Rules of Practice&Procedure 23-13 -JMVV OFN , •4 $ 1� COUNTY OF HAWAII •'�.:- ' � •' STATE OF HAWAII �te'oi'M�,M BILL NO. ],08 (DRAFT 7) ORDINANCE NO. 18 114 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, Hawaii Revised Statutes. (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 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. (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 Hawaii 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. 2 (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. (C) 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 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. 3 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 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 management,non-responsive such as issuance of a notice of P 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 4 (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. (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 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 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." 5 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 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 does not include the short-term use of an owner's primary residence as defined under section 121 of 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 [er]S 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 Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsection(al 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. 6 (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. [(14)](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. (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. [(--1 }](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. 7 (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. (19) Temporary real estate offices, as permitted under section 25-4-8. [(-1-93](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. [(220}](21) Utility substations, as permitted under section 25-4-11." SECTION 8. Chapter 25, article 5, division 4, section 25-5-42, of the Hawaii 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. 8 (9) Crop production. (10) Day care centers. (11) Dwellings, double-family or duplex. (12) Dwellings, multiple-fa nily. (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." 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. 9 (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. (30) 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. [(34)](35) Theaters. [(35)](36) Time share units. [(3-6)](37) Utility substations, as permitted under [Section] section 25-4-11. [(37)(38) Visitor information centers." 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. 10. (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. (1 5) 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. (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. [(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 Hawaii 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. 11 (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. (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. 12 (36) Laboratories, medical and research. (37) Laundries. (3 8) 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. [(6)](57) Veterinary establishments." 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. 13 (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) Daycare 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. 14 (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. [(44](47) Temporary real estate offices, as permitted under section 25-4-8. [(47)](48) Theaters. [(18)](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 on April 1, 2019. INTRODUCED BY: rF COUNCIL MEMBER, CCI�TNTY OF HAWAII Kona , Hawai`i Date of Introduction: November 2, 2018 Date of 1st Reading: November 2, 2018 Date of 2nd Reading: November 20, 2018 Effective Date: April 1, 2019 REFERENCE Comm. 739.389 15 i • COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII County of Hawai`i Kona Hawai`i 1018 DEC -6 AM 9: OO (Draft 6) I Introduced Eoff�Karen By: Dru Mamo Kanuha ROLL CALL VOTE Date Introduced: November 2, 2018 1 AYES NOES ABS EX First Reading: November 2, 2018 Chung X Published: November 10, 2018 David X Eoff X REMARKS: Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: November 20, 2 018 5 1 3 0 To Mayor: November 29, 2018 (Draft 7) Returned: December 6, 2018 ROLL CALL VOTE Effective: April 1, 2019 AYES NOES ABS EX Published: December 15, 2018 Chung X David X REMARKS: Eoff X Kanuha Lee Loy X O'Hara X Poindexter X Richards X ` Ruggles X 6 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. sr21 .?—.c4dASee,Jetp COU _ L CHAIRPERSON . pprov Disapproved this 5Th day • if of DccembeY , 20 Ig . C,TY CLERK • y..t....1:.,.., 108 (Draft 7) Bill No.: MAYOR, COUNT O HAWAIIReference: C-739.389/PC-74 Ord No.: 18 114 NOTICE OF A PUBLIC HEARING FOR RULEMAKING FOR THE PROPOSED ESTABLISHMENT OF RULE 23 OF THE COUNTY OF HAWAII PLANNING DEPARTMENT RULES OF PRACTICE AND PROCEDURE NOTICE IS HEREBY GIVEN of public hearings for the proposed establishment of Rule 23 (Short-Term Vacation Rentals) of the Planning Department Rules of Practice acid Procedure, which is initiated hy the Planning Director,pursuant to Chapter 91, Hawaii Revised Statutes (HRS) and Planning Department Rule 2. DATE: Thursday, February 28, 2019 TIME: 5:30 p.m. PLACE: County Council Chambers—Building A, West Hawaii Civic Center, a 74-5044 Ane Keohokalole Highway, Kailua-Kona, HI 96740; and DATE: Friday, March 1, 2019 TIME: 5:30 p.m. mac-) PLACE: County of Hawaii Aupuni Center Conference Room x,›rn 101 Pauahi Street, Hilo, HI 96720 The proposed rulemaking to the County of Hawaii Planning Department's Rules of Practice and Procedure are to establish Rule 23, which establishes procedures for processing, regulating and managing the impacts of Short-Term Vacation Rentals. The purpose of the public hearings is to afford all interested persons a reasonable opportunity to provide comments on the proposed establishment of Rule 23. Written comments may be submitted in person at the public hearings or be submitted to the Planning Department. Copies of the proposed Rule 23 are on file and open to inspection during office hours at the Planning Department,Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawaii and at the Kona office of the Planning Department, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building E,2nd Floor, Kailua-Kona, Hawaii. Additionally, Planning Department Rules can be found on-line at http://www.hiplanningdept.com/resources-and-references/. Any person requiring special assistance or auxiliary aid and/or services to participate in the hearing should contact the Planning Department at 961-8288 three(3) working days prior to the hearing so that appropriate arrangements can be made. A copy of the proposed Rule 23 (Short-Term Vacation.Rentals) will be mailed to any interested person who requests a copy,pays the required fees for the copy and the postage, if any. Requests can be made via phone at(808) 961-8288 or by email to: planning@hawaiicounty.gov. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist {Article 15, Section 2-91.3(b), Hawaii County Code}. A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or$275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, 25 Aupuni Street,Room 1402,Hilo, Hawaii 96720. MICHAEL YEE, PLANNING DIRECTOR COUNTY OF HAWAII PLANNING DEPARTMENT Hawaii County is an Equal Opportunity Provider and Employer (Hawaii Tribune Herald: Monday, January 28,2019) (West Hawaii Today: Monday, January 28, 2019)