HomeMy WebLinkAboutBIL 350 Draft 01 2006-2008COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. sso
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 1 (ADMINISTRATION),
SECTION 19-2, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
RELATING TO DEFINITIONS.
BENT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 19, article 1, section 19-2, of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 19-2. DeTnitions.
Wherever used in this chapter:
"Affordable rental housing" means a residential unit where the rental
cost does not exceed the affordable rental rate.
"Affordable rental rate" is a monthly rent not to exceed 75% of the
P~ment Standards as established by the office of housin¢ and community
development as of the first of January each year.
"Agriculture use value" means the productivity value for assessment
purposes determined for lands being put to any agricultural use.
"Certification of rental rate" means the sworn statement of the parcel
owner attesting under penalty of law the rental rate that the land owner will
chazge and maintain for all renters on that parcel for that calendar vear.
"Commercial agricultural activities" shall mean the use of property to
generate income, monetary gain or economic benefit in the form of money
or money's worth of a minimum $2,000 annual gross income per farm
operation, which may include multiple parcels that need not be contiguous,
and/or the use of property that adheres to generally accepted standards or
recognized practices within that agricultural industry.
"Commercial agricultural use dedication" means the use of land on a
continuous and regular basis that demonstrates the owner is engaged in
commercial agricultural activities from:
(1) Intensive agriculture;
(2) Orchards;
(3) Feed crops and fast rotation forestry; or
(4) Pasture and slow rotation forestry.
"Continuous and regular basis" shall be evidenced by the recurring
planting, cultivation and harvesting of crops or ongoing animal husbandry
or aquaculture activities that adhere to generally accepted standards or
recognized practices within that agricultural industry.
"County" means the County of Hawaii.
"Date of classification" means Julv 1 of the tax veaz for which such
classification is claimed.
"Dedicated lands" are lands which are restricted in their use for
specified periods of time by covenants executed between the landowners
and the director of finance as provided by this chapter.
"Director" means the director of finance of the County of Hawaii or
the director's authorized representative.
"Duplex" and "double-family dwelling" means a building containing
only two dwelling units.
"Dwelling unit" means one or more rooms designed for or containing
or used as the complete facilities for the cooking, sleeping, and living area
of asingle-family only and occupied by no more than one family and
containing a single kitchen.
"Farm dwelling" means asingle-family dwelling located on and used
in direct connection with a farm, or where the agricultural activity provides
income to the occupant(s) of the dwelling. A fazm dwelling includes
employee housing for that farm.
"Feed crops and fast rotation forestry" includes, but is not limited to,
such crops as forage, seed, cane, rice, and biomass grasses.
"Intensive agriculture" includes, but is not limited to, such crops as
vegetables, ginger, taro, herbs, nurseries, foliage, cut and potted flowers,
piggeries, dairy, poultry, feedlots, aquaculture, honey and honey bees.
"Mazket value" is the most probable sale price of a property in terms
of money in a competitive and open market assuming that the buyer and
seller aze acting prudently and knowledgeably, allowing sufficient time for
the sale, and assuming that the transaction is not affected by undue stress.
"Nondedicated agricultural use assessment" means the present use of
agricultural or residential and agricultural zoned land on a continuous and
regular basis that demonstrates the owner is engaged in agricultural
activities from:
(1) Intensive agriculture;
(2) Orchards;
(3) Feed crops and fast rotation forestry; and/or
(4) Pasture and slow rotation forestry.
"Ghana dwelling" means a second dwelling unit permitted to be built
as a separate or an attached unit on a building site, but does not include a
guest house or a farm dwelling.
"Orchards" includes, but is not limited to, such crops as macadamia
nuts, guava, banana, papaya, avocado, grapes, passion fruit, coffee, citrus,
cacao, pineapple, noni and tropical specialty fruits.
"Pasture and slow rotation forestry" includes, but is not limited to,
pasture and longer rotation forestry.
"Property" or "real property" means and includes all land and
appurtenances thereof and the buildings, structures, fences, and
improvements erected on or affixed to the same, and any fixture which is
erected on or affixed to such land, buildings, structures, fences, and
improvements, including all machinery and other mechanical or other
allied equipment and the foundations thereof, whose use thereof is
necessary to the utility of such land, buildings, structures, fences, and
improvements, or whose removal therefrom cannot be accomplished
without substantial damage to such land, buildings, structures, fences, and
improvements, excluding, however, any growing crops.
"Single-family dwelling" means a' building containing only one
dwelling unit.
"Solar water heater" means a solar thermal energy system that
qualifies for the State income tax credit authorized in the Hawaii Revised
Statutes, section 235-12.5."
SECTION 2. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 3. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
,._--
COUNCIL MEM ,COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
ktri.k~NG~. 1392/ aived/Council
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