ORD 2024-073 2022-2024 - Laserfiche WebLink

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factors which influence highest and best use, except that parcels which are used as the owner's principal residence shall be classified as "homeowner" without regard to the highest and best use,provided that the director has granted to the owner a home exemption in accordance with sections 19-71 to 19-72. (A) The homeowner class is exclusively reserved for properties which are used as the owner's principal residence. Uses which shall not qualify as "homeowner" include: (i) Real property which is used for commercial or income-producing purposes, except as exempted under section 19-71(a) or (b). (ii) Real property which is used for residential rental purposes, whether for short-term or long-term lease, 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- 57.1, 19-59, [or] 19-60[-], or 19-61. (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- 57.1, 19-59, [er] 19-60[-], or 19-61. (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 5. Chapter 19, article 8, section 19-61, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending subsection(a) to read as follows: "(a) A special land reserve is established to enable the owner of any parcel of land, or lessee of a recorded agricultural lease with a minimum of three years remaining on the lease at time of petition, to dedicate the land for a specific short-term commercial agricultural use, and to have the value of the land assessed in such use for a period of three years, or in the case of a recorded agricultural lease the term of the lease up to three years, provided: [(1) The total combined period of dedication for short term commercial ,lt„ a sh ll et o ed ter e coasecut+ve tl, 4 �c�ruti.e-yeur teririo. [(2)] (1) The land dedicated for commercial activity must be used on a continuous and regular basis for intensive agriculture, orchards, feed crops and fast rotation forestry, pasture and slow rotation forestry, or diversified agriculture and have a minimum lot size per farm operation as determined by 3