Short-Term Vacation Rental Registration

Effective April 1st , 2019, the County of Hawaii will require all non-hosted rentals to register with the Planning Department. This process may seem like an arduous task, rest assured the staff at BLA can not only help you process but also help you understand the nuances that pertain to your specific property. The Planning Department rules will govern exactly how and what will need to be provided on the application. BLA can handle the entire process for you and keep you up to date through the whole registration process.

STVR & Bill 108

Bill 108 was signed into law by County Council and the Mayor officially on December 5th , 2018 and becoming Ordinance 18-114. The new ordinance requires all non-hosted rentals to be registered and furthermore allows for non-conforming uses certificates to be issued for homes not in line with the updates to the zoning code. V, CG, CV districts and resort nodes are the only zone where use by right is allowed. All others will require a non- conforming use certificate be obtained. It is imperative that this process begin sooner than later for all owners due to the ordinance only allowing a six (6) month period beginning April 1st. No new non-conforming permits will be issued past this date.

The requirements for registering and obtaining a non- conforming use certificate are as follows:

STVR Registration

1. 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.
2. One (1) STVR Application form shall be submitted for each tax map key on which an eligible STVR is situated.
3. Applicants shall provide the following documents when applying for an STVR Registration:
   1. A completed Short-Term Vacation Rental Application;
   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:
      1. State of Hawai‘i General Excise/Transient Accommodations tax filings;
      2. Federal and State Income Tax Returns; and/or
      3. 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:
      1. All property boundaries, dimensions, and setbacks;
      2. Location of existing and proposed structures, driveway access, swimming pools, ancillary structures, eaves, overhangs, etc. shall be clearly identified and labeled;
      3. Designated parking spaces for the STVR, as required by HCC Section 25-4-51; and
      4. 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

1. All STVRs located outside of Permitted Zoning Districts, shall complete the following:
   1. Obtain a Nonconforming Use Certificate, and
   2. Register with the Department.
2. 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.
3. 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.
4. 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:
      1. Name of the applicant;
      2. Nature of the use sought;
      3. STVR’s street address and tax map key number;
      4. Date application was filed with the Director;
      5. Number of units being rented;
      6. Maximum number of guests permitted;
      7. Off-street parking location; and
      8. 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

1. 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 adopted thereunder, or any permit or variance issued pursuant thereto.
2. 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:
      1. 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
      2. 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:
      1. Name of the applicant;
      2. Nature of the use sought;
      3. STVR’s street address and tax map key number;
      4. Date application was filed with the Director;
      5. Number of units being rented;
      6. Maximum number of guests permitted;
      7. Off-street parking location;
      8. "Reachable person" contact information;
      9. The date on which the administrative action by the Director will be taken on the application;
      10. 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
      11. 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 23-10
      1. Name of the property owner;
      2. Tax map key number of the property;
      3. The land area; and
      4. STVR street address, if available

Need help with short-term vacation rental registration?

Here at BLA, we can assist you through the entire process. Our staff of planning and permitting professionals are well versed in navigating the red tape and can ensure that your income is not affected by this new law. Feel free to email us with any questions you may have so that we can ease any qualms you may have.