(a) The purpose of this section is to permit certain bed and breakfast homes that have been in operation since prior to December 28, 1989, to continue to operate as nonconforming uses subject to obtaining a nonconforming use certificate as provided by this section. This section applies to any owner, operator, or proprietor of a bed and breakfast home who holds a valid nonconforming use certificate issued pursuant to this section on August 1, 2019.
(b) The owner, operator, or proprietor of any bed and breakfast home who has obtained a nonconforming use certificate under this section shall apply to renew the nonconforming use certificate in accordance with the following schedule:
(1) Between September 1, 2000 and October 15, 2000; then
(2) Between September 1 and October 15 of every year thereafter.
Each application to renew must include proof that (i) there were in effect a State of Hawaii general excise tax license and transient accommodations tax license for the nonconforming use during the calendar year covered by the nonconforming use certificate being renewed and (ii) there were transient occupancies (occupancies of less than 30 days apiece) for a total of at least 35 days during such year.
Failure to meet these conditions will result in the denial of the application for renewal of the nonconforming use certificate. The requirement for the 28 days of bed and breakfast occupancies shall be effective on January 1, 1995 and shall apply to renewal applications submitted on or after January 1, 1996.
(c) Section 21-5.350 relating to home occupations shall not apply to bed and breakfast homes.
(d) The owner, operator, or proprietor of any bed and breakfast home who has obtained a nonconforming use certificate under this section shall display the certificate issued for the current year in a conspicuous place on the premises.
(e) The following additional provisions apply to bed and breakfast homes operating under a nonconforming use certificate pursuant to this section:
(1) Section 21-5.730(b)(3) relating to restrictions and standards; and
(2) Section 21-5.730(c) relating to advertisements.
(f) In addition to the requirements in subsection (e), bed and breakfast homes operating under a nonconforming use certificate pursuant to this section that are located within the residential zoning districts are subject to the following:
(1) A maximum of two rooms may be provided to transient occupants for sleeping accommodations, and a maximum of four adult transient occupants may be accommodated at any one time;
(2) One off-street parking space must be provided for each room used for transient occupant sleeping accommodations, in addition to the number of off-street parking spaces required for the dwelling unit; and
(3) Transient occupants are prohibited from parking their vehicles on the public streets in the vicinity of the bed and breakfast home.
(g) In addition to the requirements in subsections (e) and (f), bed and breakfast homes operating under a nonconforming use certificate pursuant to this section that are located within the country or apartment zoning districts are subject to the following:
(1) One off-street parking space must be provided for each room used for transient occupant sleeping accommodations, in addition to the number of off-street parking spaces required for the dwelling unit; and
(2) Transient occupants are prohibited from parking their vehicles on the public streets in the vicinity of the bed and breakfast home.
(h) A nonconforming use certificate for a bed and breakfast home that has been issued and renewed pursuant to this section may be renewed by a new owner, operator, or proprietor of the bed and breakfast home, so long as the new owner, operator, or proprietor renews the nonconforming use certificate prior to its expiration.
(1990 Code, Ch. 21, Art. 4, § 21-4.110-2) (Added by Ord. 99-12; Am. Ords. 19-18, 22-7)
Editor's note:
Amendments made to § 21-4.110-2 in Ordinance 22-7 take effect on October 23, 2022; provided that the annual renewal requirement for nonconforming use certificates for bed and breakfast homes in § 21-4.110-2 applies to all renewals after October 23, 2022; and provided further, that nonconforming use certificates that had been renewed prior to October 23, 2022 will continue to be effective for the applicable two-year period.