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I have just read this on the Hawaii Life site, posted by Beth Robinson R(B). If this is true, all standalone HPP vacation rentals will be shut down. Does anyone have any more insight into this?
"many of the agricultural-zoned vacation rentals that were expecting to have a pathway to be “grandfathered” in with a non-conforming use permit will likely not be able to continue to operate."
Here is the link to the full post:
https://www.hawaiilife.com/blog/tough-ru...ental-law/
Dina
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The County is determined to phase out all vacation rentals on the Big Island except for those in resort zones (like the ones owned by two of the Council members.) Bill 108 has passed and will be law after the final rules are decided upon by the Planning Department. One part of the law which won’t change is that applications for STVR licenses will only be considered on lots that were created before June 4, 1976. For anyone whose lot was created before that date, to operate a TVR in the future, you must have been in operation continually and paying GE and TAT before April 1, 2019. No new TVRs will be allowed going forward except in resort zones. And if you ever forget to renew in the 60 day renewal window (for which you will receive no notice), you will lose the ability to operate a TVR permanently.
As far as HPP goes, it depends on when a particular lot was created. I believe that most of them were created and first sold in the 1950s and 60s. But you will have to check with the Planning Department and see what they say. Don’t necessarily take no for an answer though. They have given conflicting information about lots near the front of Kalapana Seaview Estates, saying that some of those lots were created after 1976 even though they were purchased as individual lots before then!
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Weren't most lots (certainly HPP) created before 1976?
I think it's crazy to ban VRs on Ag lots. To what purpose? Milking tourists is more profitable than milking goats.
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Here are current rules that the Planning Department proposes for the implementation of Bill 108. After 2 hearings, these will become part of the law.
https://lookaside.fbsbx.com/file/STVR%20...l_q4sC7p6A
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According to the hawaii tax map there was a permit issued for a dwelling on my lot in 1968, so hopefully that is all I need to show.
Thank you, hotinhawaii!
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The rules are quite onerous for the application process!! Look them up and understand them completely and get ready. You will have from April 1 to September 28, 2019 to apply. After that, no luck.
They include:
Scale drawing of property inside and out with property lines and setbacks.
Notifying twice all neighboring parcels within 300 feet of your property boundary and proving you did it
$500 fee, $100 possible inspection fee
Must have been paying GE and TAT before 4/1/19
Final building, plumbing and electrical permits for your property
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The rule about no VR on Ag-designated land created after June 4, 1976 is a state law. They included it in Bill 108 to clarify that non-confirming use will only be considered on ag lots created before then so it won’t conflict with state law.
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Thank you for the link, hotinhawaii and all of your views - very helpful indeed!
I've had a quick look and I see the requirements are indeed indeed onerous. It also looks like it could take time to get everything lined up - just identifying and contacting everyone within 300 ft of the VR, and proving it, is going to be a hassle. I suppose this means sending them all registered letters and submitting the proof as part of the application process.
Maybe the county is giving us until September because the whole application process (gathering all the data, submitting and then waiting for the certificate) will probably take months. It's probably wise to get started as the law has been implemented.
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I did a quick calculation. We have to notify 43 owners, twice. If we use registered mail at $6.80 per letter, that is almost $600 just to serve the notices! Also, just noticed that you have 10 days from the day you are notified that you have to make the second notification. If you don't do it within 10 days, your application is void. They are making this as hard and as expensive as possible!
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This will be a gold mine for any VRs left standing, I think a lot of people will just give up.
Hotinhawaii, do you think they would accept hand-delivered mail, signed by the neighbors, as proof?
