ORD 2024-061 2022-2024 - Laserfiche WebLink

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(ii) Real property which is used for residential rental purposes[; whether for short term or long term lease,] for a term less than six months,except as exempted under section 19-71(a) and affordable rental housing. (iii) Real property which is used for any purpose other than the owner's principal residence, with the exception of any property valued according to its agricultural use pursuant to sections 19-57, 19-59, or 19-60. (B) The affordable rental housing class is exclusively reserved for properties which meet the eligible requirements for this class and have the annual required application timely filed. Real property which is used for commercial or income-producing purposes shall not qualify as "affordable rental housing," except: (i) Real property with uses legally permitted as a home occupation in accordance with the zoning code; or (ii) Real property with agricultural use pursuant to sections 19-57, 19- 59, or 19-60. (3) Whenever there is an overlap or contradiction in districting or use classification between the County and the State, zoned districts by the County shall take precedence." SECTION 2. Chapter 19, article 10, section 19-71, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) Real property owned and occupied as a principal home shall be exempt to the following extent from property taxes: (1) Totally exempt where the value of the property is not in excess of$50,000; (2) Where the value of the property is in excess of$50,000, the exemption shall be the amount of$50,000. Provided that: (A) No such exemption shall be allowed to any corporation, co-partnership, or company; (B) The exemption shall not be allowed on more than one home for any one taxpayer and that such taxpayer shall certify under penalty of perjury that such taxpayer has no other home exemption in any other jurisdiction; (C) The taxpayer has acquired said home by a recorded deed; (D) [A husband and wife] Married persons shall not be permitted exemption of separate homes owned by each of them, unless they are living separate and apart, in which case they shall be entitled to one exemption, to be apportioned equally between each of their respective homes; (E) Those portions of the real property and/or structures, including the principal home, used by any person for commercial purposes, which are legally permitted as a home occupation in accordance with the zoning code, shall be excluded from this exemption, but shall be entitled to an exemption with respect to the portion thereof used exclusively as a home; 2