ORD 2013-078 2012-2014 - Laserfiche WebLink

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.-J+tY of h. COUNTY OF HAWAII •:;" STATE OF HAWAII E c;•M�.P BILL NO. 75 ORDINANCE NO. 13 78 AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, SECTION 19-89.5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO KULEANA LAND EXEMPTIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this measure is to eliminate residential and agricultural zoning restrictions and allow qualified parcels in residential use, agricultural use or vacant land to be eligible for a kuleana land exemption. The measure further clarifies that use of a property as a vacation rental does not qualify as a residential use for the purpose of a kuleana land exemption. SECTION 2. Chapter 19, Article 10, Section 19-89.5 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by revising as follows: Section 19-89.5. Kuleana land exemption. (a) For the purposes of this section, "kuleana land" means those lands granted to native tenants pursuant to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges," as amended by L. 1851, p.98, entitled "An Act to Amend an Act Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges" and as further amended by subsequent legislation. (b) Those portions of real property [zoned as residential or agricultural,] in residential use, agricultural use or vacant land and designated as kuleana land, shall pay the minimum real property tax set forth in subsection 19-90(e) as long as the real property is owned in whole or in part by a lineal descendant of the person(s) that received the original title to the kuleana land. Residential use shall not include vacation rental use. (c) An application for this exemption shall be filed with the director on forms prescribed by the director. The application shall include documents verifying ownership of the portion of the parcel and that the condition set forth in subsection (b) has been satisfied. Verification of the condition set forth in subsection (b) shall be satisfied by either genealogy verification by the Office of Hawaiian Affairs or by court order stating that the applicant is a lineal descendant of the person(s) that received the original title to the kuleana land. The applicant/landowner shall be responsible for all costs.