HomeMy WebLinkAboutCommunication No. 2026-11 Council Member Kimball Testimony to Planning Commissions (06-29-2026)HEATHER L. KIMBALL Phone: (808)961-8828
Council District 1 (North Hilo, Fax: ( 808)961-8912
Hamiikua, and portion of Waimea) Email:Heather.Kimball@hawaiicountv.gov
HAWAI`I COUNTY COUNCIL
25 Aupuni Street, Ste. 1402
Hilo, Hawai'i 96720
DATE: June 29, 2026
TO: Leeward Planning Commission, Chair Dean Au
Windward Planning Commission, Chair Louis Daniele, III
and Members of the Leeward and Windward Planning Commissions
FROM: Heather L. Kimball, Council Member
Council District 1
SUBJECT: Unhosted Transient Vacation Rental in RM Zoning
Aloha Chair Au, Chair Daniele, and members of the Leeward and Windward Planning
Commissions,
Testimony regarding Bill 147 relating to Transient Accommodations from the Kona CDP Action
Committee seemed to indicate that this bill was changing existing County Code to allow for
unhosted transient vacation rentals or Short-Term Vacation Rentals (STVRs) in the Residential
Multi-Family Zoning District (RM). On the contrary, Bill 147 does not change the permitted use
of STVRs in RM.
Under the current County Code, STVRs are permitted in RM in Resort or Resort Nodes, and in
other areas when under a Condominium Property Regime (CPR) pursuant to Hawai`i Revised
Statutes, Chapter 514B.
However, since this issue was raised by the Kona CDP Action Committee, the Council may
benefit from the discussion for this issue by the Planning Commissions before the bill is returned
to Council for consideration. For the purposes of discussion only, the amendment to the bill
would be as follows:
Section 25-4- . Short-term vacation rentals; where permitted; nonconforming use
certificate.
a) An STVR is permitted in the following zoning districts:
1) [RM,] V, CG, CN, CV, and CDH;
d at 9JDagg by
d , Read,
Hawai`i County is an Equal Opportunity Provider and Employer.
I.COPY
Communication No. 2026-11
2) Any residential district[, other tha DM,] that is wholly situated within any of
the following:
A) A Resort or Resort Node area, as designated in the General Plan; or
B) An area designated as Open in the General Plan that is adjacent to an
area identified in subparagraph (A) and that is located along the
shoreline; and
3) A project district,where consistent with the uses allowed in the underlying
zoning district.
b) An STVR is not permitted in a multiple-family dwelling, unless the dwelling is
defined and governed as a condominium property regime under the Hawaii
Revised Statutes, chapter 514B.
c) In any district or area not identified in subsection (a), an STVR may operate with a
nonconforming use certificate issued pursuant to Ordinance No. 18-114 [7] or, in the
RM district, provided the STVR was in operation prior to the effective date of this
ordinance.
d) In the event that the director, pursuant to section 6- of this Code,cancels the TVR
registration of a TVR operating under a nonconforming use certificate, such
cancellation shall also cause and constitute revocation of the nonconforming use
certificate.
e) An STVR operating under a nonconforming use certificate may increase the
number of bedrooms available to rent; provided that the number of rooms available
to rent does not exceed five and that the owner registers the change with the
director.
This amendment would only allow new STVRs in RM districts that are in Resorts or Resort
Nodes, and grandfather in existing STVRs in RM districts. In addition to the language changes
above, Section 19 of Bill 147 would also need to be removed.
In conclusion, I am presenting this to the commissions exclusively for the purposes of discussion
based on the testimony received. Since the Council seriously considers the recommendations of
the Planning Commissions as part of our deliberations, I respectfully ask that you provide us
with your guidance on this issue with respect to Bill 147.
Mahalo.
HLK:dbk
cc: Director Jeffrey Darrow, Planning Department