HomeMy WebLinkAboutCOM 0905.007 2022-2024Michelle M. Galimba
Council District 6
Portion N. S. KonalKa'fi lVolcano
Phone: (808) 323-4277
Cell: (808) 430-4927
Fax: (808) 329-4786
Entail:
Michelle.Galimba a hawaiicoitnty.gov
HAWAPI COUNTY COUNCIL
County of Hawai'i C,
West Hawai'i Civic Center, Bldg. A
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawai'i 96740
DATE: August 7, 2024
TO: Heather L. Kimball, Council Chair
and Members of the Hawaii County Council
FROM: Michelle M. Galimba, Council Member
Council District 6
SUBJECT: Proposed Amendment to Bill No. 174; an Ordinance Amending Chapter 19,
Article 7, Section 19-53, and Article 10, Section 19-71, of the Hawaii County
Code 1983 (2016 Edition, as Amended), Relating to Real Property Taxes.
Transmitted herewith is a proposed amendment to Bill No. 174. The proposed amendment is
shown below in Ramseyer format with respect to the contents of Bill No. 174; material to be
inserted is underscored. A copy of the new draft of this bill that would result if this proposed
amendment were adopted is intentionally omitted, due to the limited scope of the proposed
amendment.
SECTION I of Bill No. 174, which amends chapter 19, article 7, section 19-53 of the Hawaii
County Code 19893 (2016 Edition, as amended) by amending subsection (e), is amended to read
as follows:
"(e) Classification of land:
(1) Except as otherwise provided in subsection (e)(2) of this section, land shall be
classified, upon consideration of its highest and best use, into the following
general classes:
(A) Residential;
(B) Affordable rental housing;
(C) Apartment;
(D) Hotel and resort;
(E) Commercial;
(F) Industrial;
(G) Agricultural or native forests;
(H) Conservation; and
(1) Homeowner. Comrn' No
.
Ref. To:
Hawai'i County is an Equal Opportunity Provider and Employer Ref. Date AUG - 7 2024
(2) In assigning land to one of the general classes the director of finance shall
give major consideration to the districting established by the land use
commission pursuant to chapter 205, Hawaii Revised Statutes, the districting
established by the County in its general plan and zoning ordinance, use
classifications established in the general plan of the State, and such other
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 for a
term not longer 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."
Thank you.
MMG:dkl