2025-10-22 Appellants Exhibit 11-12_STVR Application, Act 17

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ACT 17 (2) Clarify that uses that include the provision of transient accommo- dations are not considered residential uses and may be phased out or amortized by the counties; and (3) Expand the scope of the transient accommodations tax law to in- clude certain shelters and vehicles with sleeping accommodations. SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) This section and any ordinance, rule, or regulation adopted in accor- dance with this section shall apply to lands not contained within the forest reserve boundaries as established on January 31, 1957, or as subsequently amended. Zoning in all counties shall be accomplished within the framework of a long-range, comprehensive general plan prepared or being prepared to guide the overall future development of the county. Zoning shall be one of the tools available to the county to put the general plan into effect in an orderly manner. Zoning in the counties of Hawaii, Maui, and Kauai means the establishment of districts of such number, shape, and area, and the adoption of regulations for each district,to carry out the purposes of this section. In establishing or regulat- ing the districts, full consideration shall be given to all available data as to soil classification and physical use capabilities of the land to allow and encourage the most beneficial use of the land consonant with good zoning practices. The zon- ing power granted [herein] in this section shall be exercised by ordinance,which may relate to: (1) The areas within which agriculture, forestry, industry, trade, and business may be conducted; (2) The areas in which residential uses may be regulated or prohibited; (3) The areas bordering natural watercourses, channels, and streams, in which trades or industries,filling or dumping,erection of structures, and the location of buildings may be prohibited or restricted; (4) The areas in which particular uses may be subjected to special restrictions; (5) The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered; (6) The location, height, bulk, number of stories, and size of buildings and other structures; (7) The location of roads, schools, and recreation areas; (8) Building setback lines and future street lines; (9) The density and distribution of population; (10) The percentage of a lot that may be occupied, size of yards, courts, and other open spaces; (11) Minimum and maximum lot sizes; [and] (12) The time, place, manner, and duration in which uses of land and structures may take place; and [(12)] (13) Other regulations the boards or [ems] council of any county find necessary and proper to permit and encourage the orderly de- velopment of land resources within their jurisdictions. The council of any county shall prescribe rules, regulations, and adminis- trative procedures and provide personnel it finds necessary to enforce this section and any ordinance enacted in accordance with this section. The ordinances may be enforced by appropriate fines and penalties, civil or criminal, or by court order at the suit of the county or the owner or owners of real estate directly affected by the ordinances. 26 APPELLANT EXHIBIT 12, pg. 2 of 15