HomeMy WebLinkAboutORD 2008-130 2006-2008COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 350
ORDINANCE NO. 08 130
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. Definitions.
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
Payment Standards as established by the office of housing 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 attestin under penalty of law the rental rate that the land owner will
charge and maintain for all renters on that parcel for that calendar year.
"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 July 1 of the tax year 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 farm 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.
"Market 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 are 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
2
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
Kona , Hawaii
Date of Introduction: August 27, 2008
Date of 1st Reading: August 27, 2008
Date of 2nd Reading: September 10, 2008
Effective Date: September 23, 2008
htrcRENGE C.on» 1392/~laived/Council
3
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Introduced By: J Yoshimoto '
Date Introduced: August 27, 2008
First Reading: August 27, 2008
Published: N/A
REMARKS:
Second Reading: September 10, 2008
To Mayor: September 18, 2008
Returned: September 24, 2008
Effective: September 23, 2008
Published: October 1, 2008
REMARKS:
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Ford X `~`~ F ;''
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Higa X
Hoffmann X
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
9 0 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Ford X
Higa X
Hoffmann X
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
9 0 0 0
I DO HEREBY CERT/FY that the foregoing BILL was adopted
indicated above. ~ ~^
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY ~?3RPORATION COUNSEL
COUNTY OF HAWAII
Date ~~~~~
prone reapproved thrs aJ ~ day
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~~~~
ACTING1~IA }'OR, COUNTY OF HAWAII
the County Council published as
350
Bill No.:
C-1392/Waived-FC
Reference:
Ord No.: 08 130