County Regulations on Short-Term Rentals and Chapter 205 Analysis
The County's prohibition on short-term vacation rentals operating on certain lots created after June 4, 1976, is based on regulations under Chapter 205. The County defines short-term as rentals lasting less than 31 days, but there is no explicit prohibition in Chapter 205 for rentals of this duration. The Rosehill Petition seeks clarification on the requirements for a property to qualify as a farm dwelling under Chapter 205.
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Presentation Transcript
Why Do We Focus on June 4, 1976? Because the County said that short-term rentals have been illegal under Chapter 205 since June 4, 1976. According to the County Petition, County Ordinance 2018-114 and Rule 23 both prohibit the issuance of non-conforming use certificates to short-term vacation rentals operating on lots created after June 4, 1976 in the State Land Use Agricultural District based on the County's understanding that any such existing operations were not lawful in farm dwellings pursuant to HRS Chapter 205. County Petition at 2.
What Does the County Mean by Short-Term ? Less than 31 Days. Short-term Vacation Rental is defined as 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. Ordinance 2018-114.
Did Chapter 205 Prohibit Rentals of Less than 31 Days? Everyone agrees the answer is no. [T]he definition of farm dwelling does not expressly prohibit rentals of 30 days or less. 6/25/20 transcript) at 92:5-7 (Apuna). [T]here s no prohibition on farm dwellings being rented for 30 days or less. 6/25/20 transcript at 105:4-6 (Mukai).
Your Declaration is Narrow. The Rosehill Petition asks for a declaratory order that [a]s of June 4, 1976, the plain language of Chapter 205 did not dictate how long a farm dwelling must be rented in order to qualify as a farm dwelling. Rosehill Petition at 6.
