HomeMy WebLinkAboutResolution No. 2017-46, Draft 1COUNTY COUNCIL COUNTY OF KAUA’I ~t~o1utto fl No.2017-46,Draft 1 RESOLUTION APPROVING AND RECOMMENDING PROPOSALS FOR INCLUSION IN THE 2018 HAWAI’I STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE WHEREAS,a legislative timetable was approved by the Hawai’i State Association of Counties (HSAC)Executive Committee at its meeting on June 19,2017;and WHEREAS,the legislative timetable set a deadline of September 8,2017 for HSAC to receive legislative proposals from the counties for inclusion in the 2018 HSAC Legislative Package;and WHEREAS,at its meeting on September 6,2017,the Kaua’i County Council discussed and approved legislative priorities,which are attached hereto and incorporated herein,for inclusion in the 2018 Legislative Package;now,therefore,BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA’I,STATE OF HAWAI’I,that it approves and recommends that the following measures be included in the 2018 Hawai’i State Association of Counties Legislative Package:1.Relating to Transient Accommodations Tax.Removes the cap for distribution of transient accommodations tax revenues to the counties.2.Relating to Fire Sprinklers.Establishes a tax credit of 25 percent of the total cost,including installation,of an automatic fire sprinkler or automatic fire sprinkler system in any new detached one-or two-family dwelling unit in a structure used only for residential purposes.Sunsets on June 30,2026.3.Relating to Taxation.Provides a taxpayer who hires an individual with a disability a nonrefundable tax credit for the six-month period after the individual is initially hired by the taxpayer.4.Relating to Taxation.Provides a taxpayer who hires an elderly individual a nonrefundable tax credit for the six-month period after the individual is initially hired by the taxpayer.1
5.Relating to Zoning.Clarifies County zoning authority by distinguishing Single Family residential use from Single-Family vacation rental use and allowing amortization by ordinance for Single Family Transient Vacation Rentals over a reasonable period.BE IT FURTHER RESOLVED,that a certified copy of this Resolution be transmitted to the HSAC Executive Committee.Introduced by:Is!DEREK S.K.KAWAKA1VII V:\RESOLUTIONS\2016-2018 TERM\Resolution No.2017-46,Draft 1 (AMK:aa)Qrerttttcate Q~t ~boption ~ljerctip c~rtifp tijat 3L~c~otutton ~o.2017-46,~raft 1 ~ua~aboptr~b lip tije Qlouncul of tije ~tountp of I~au&i,~‘t~te of ~a~ijai’i,3Lilju’e,~aua’i,~a~uai’I,on ~‘eptembcr 6,2017.~J~ountP Qltcrk QL~jairman &~r~i~in~Q~ffItcr ~ateb ~eptcmber 7,2017 j~ap Q~xcu~cb 3?.ecu~b ~&un Qt~iock ~aa~ua I~anc~jiro i~a~uakami ~apo~o ~uktmura ~otat 7 0 0 0 2
TWENTY-NINTH LEGISLATURE,2017 STATE OF HAWAI’I .B.NO.A BILL FOR AN ACT RELATING TO TRANSIENT ACCOMMODATIONS TAX.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI’I:1 SECTION 1.The purpose of this Act is to eliminate the cap established 2 for the distribution of transient accommodations tax revenues to the counties.3 SECTION 2.Section 237D-6.5,Hawai’i Revised Statutes,is amended 4 by amending subsection (b)to read as follows:5 “(b)Revenues collected under this chapter shall be distributed in the 6 following priority,with the excess revenues to be deposited into the general 7 fund:8 (1)$1,500,000 shall be allocated to the Turtle Bay 9 conservation easement special fund beginning July 1,2015,for the 10 reimbursement to the state general fund of debt service on 11 reimbursable general obligation bonds,including ongoing expenses 12 related to the issuance of the bonds,the proceeds of which were used to 13 acquire the conservation easement and other real property interests in 14 Turtle Bay,O’ahu,for the protection,preservation,and enhancement
.B.NO.1 of natural resources important to the State,until the bonds are fully 2 amortized;3 (2)$26,500,000 shall be allocated to the convention center 4 enterprise special fund established under section 201B-8;5 (3)$82,000,000 shall be allocated to the tourism special fund 6 established under section 201B-11;provided that:7 (A)Beginning on July 1,2012,and ending on 8 June 30,2015,$2,000,000 shall be expended from the tourism 9 special fund for development and implementation of initiatives 10 to take advantage of expanded visa programs and increased 11 travel opportunities for international visitors to Hawaii;12 (B)Of the $82,000,000 allocated:13 (i)$1,000,000 shall be allocated for the 14 operation of a Hawaiian center and the museum of 15 Hawaiian music and dance at the Hawaii Convention 16 Center;and 17 (ii)0.5 per cent of the $82,000,000 shall be 18 transferred to a sub-account in the tourism special fund to 19 provide funding for a safety and security budget,in 20 accordance with the Hawai’i Tourism Strategic 21 Plan 2005-2015;and 2
.B.NO.1 (C)Of the revenues remaining in the tourism special 2 fund after revenues have been deposited as provided in this 3 paragraph and except for any sum authorized by the legislature 4 for expenditure from revenues subject to this paragraph,5 beginning July 1,2007,funds shall be deposited into the tourism 6 emergency special fund,established in section 201B-10,in a 7 manner sufficient to maintain a fund balance of $5,000,000 in 8 the tourism emergency special fund;9 (4)[$103,000,000 for fiscal year 2014-2015,$103,000,000 for fiscal 10 year 2015-2016,$103,000,000 for fiscal year 2016-2017,and $93,000,000 for 11 each fiscal year thereafter]44.8 percent of the revenues collected under this 12 chapter after revenues have been deposited as provided in this section shall 13 be allocated to the counties and distributed as follows:Kaua’i County shall 14 receive 14.5 per cent,Hawai’i County shall receive 18.6 per cent,City and 15 County of Honolulu shall receive 44.1 per cent,and Maui County shall 16 receive 22.8 per cent;provided that commencing with Fiscal Year 2018-2019,17 a sum that represents the difference between a County public employer’s 18 annual required contribution for the separate trust fund established under 19 Section 87A-42 and the amount of the County public employer’s contributions 20 into that trust fund shall be retained by the State Director of Finance and 21 deposited to the credit of the County public employer’s annual required 3
.B.NO.1 contribution into that trust fund in each fiscal year,as provided in 2 Section 87A-42,if the respective county fails to remit the total amount of the 3 county’s required annual contributions,as required under Section 87A-43;4 (5)$3,000,000 shall be allocated to the special land and 5 development fund established under Section 171-19;provided that the 6 allocation shall be expended in accordance with the Hawaii tourism 7 authority strategic plan for:8 (A)The protection,preservation,maintenance,and 9 enhancement of natural resources,including beaches,important 10 to the visitor industry;11 (B)Planning,construction,and repair of facilities;and 12 (C)Operation and maintenance costs of public lands,13 including beaches,connected with enhancing the visitor 14 experience;and is All transient accommodations taxes shall be paid into the state 16 treasury each month within ten days after collection and shall be kept by the 17 State Director of Finance in special accounts for distribution as provided in 18 this subsection.19 As used,in this subsection,“Fiscal Year”means the twelve month 20 period beginning on July 1 of a calendar year and ending on June 30 of the 21 following calendar year.”4
.B.NO.1 SECTION 2.Statutory material to be repealed is bracketed 2 and stricken.New statutory material is underscored.3 SECTION 3.This Act shall take effect upon its approval.4 5 INTRODUCED BY:5
.B.NO.Report Title:Transient Accommodations Tax Description:Removes the cap for distribution of transient accommodations tax revenues to the counties.The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.6
TWENTY-NINTH LEGISLATURE,2017 STATE OF HAWAI’I .B.NO.____A BILL FOR AN ACT RELATING TO FIRE SPRINKLERS.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI’I:1 SECTION 1.The legislature finds that fire sprinklers in one-or two-2 family dwellings are rare in the State.One reason for the lack of fire sprinklers in 3 one-or two-family dwellings is the cost of installing fire sprinklers.The legislature 4 finds that an incentive is needed to promote the installation of fire sprinklers in 5 one-or two-family dwellings in the State.6 The purpose of this Act is to provide an incentive to install an automatic fire 7 sprinkler or automatic fire sprinkler system in any new detached one-or two-family 8 dwelling unit that is in a structure which is used only for residential purposes by 9 establishing a tax credit comprising a percentage of the actual costs of the system,10 including installation.11 SECTION 2.Section 235,Hawai’i Revised Statutes,is amended by 12 adding a new section to be appropriately designated and to read as follows:13 1235-Tax credit to promote the installation of fire 14 sprinklers in residences.(a)Any qualifying taxpayer who files an
.B.NO.1 individual income tax return for a taxable year may claim an income tax 2 credit under this section against the Hawai’i state individual net income tax.3 (b)The tax credit may be claimed for every eligible automatic fire 4 sprinkler or system that is installed and placed in service by the taxpayer 5 during the taxable year in any new detached one-or two-family dwelling unit 6 that is in a structure which is used only for residential purposes.For each 7 automatic fire sprinkler or system,the tax credit that may be claimed shall 8 be twenty-five per cent of the actual cost of the system,including installation 9 costs;provided that multiple owners of a single automatic fire sprinkler or 10 system shall be entitled to a single tax credit:and provided further that the 11 tax credit shall be apportioned between the owners in proportion to their 12 contribution to the cost of the automatic fire sprinkler or system.13 (c)If the tax credit claimed by the taxpayer under this section 14 exceeds the amount of the income tax payments due from the taxpayer,the 15 excess of credit over payments due shall be refunded to the taxpayer;16 provided that the tax credit properly claimed by a taxpayer who has no 17 income tax liability shall be paid to the taxpayer;and provided that no 18 refunds or payments on account of the tax credit allowed by this section shall 19 be made for amounts less than $1.2
.B.NO.1 (d)The director of taxation shall prepare such forms as may be 2 necessary to claim a credit under this section,may reciuire proof of the claim 3 for the tax credit,and may adopt rules pursuant to chapter 91.4 (e)All of the provisions relating to assessments and refunds under 5 this chapter and under section 231-23(c)(1)shall apply to the tax credit under 6 this section.7 (f)Claims for the tax credit under this section,including any 8 amended claims,shall be filed on or before the end of the twelfth month 9 following the taxable year for which the credit may be claimed.”10 SECTION 2.New statutory material is underscored.11 SECTION 3.This Act shall take effect upon its approval and shall 12 apply to taxable years beginning after December 31,2017;provided that this Act 13 shall be repealed on June 30,2025.14 15 INTRODUCED BY:3
.B.NO.Report Title:Fire Sprinklers;Tax Credit Description:Establishes a tax credit of twenty-five per cent of the total cost,including installation,of an automatic fire sprinkler or automatic fire sprinkler system in any new detached one-or two-family dwelling unit in a structure used only for residential purposes.Sunsets on June 30,2025.The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.4
TWENTY-NINTH LEGISLATURE,2017 STATE OF HAWAI’I .B.NO.___A BILL FOR AN ACT RELATING TO TAXATION.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI’I:1 SECTION 1.Section 235,Hawai’i Revised Statutes,is amended by 2 adding a new section to be appropriately designated and to read as follows:3 “~235-Income tax credit for hiring an individual with a 4 disability.(a)There shall be allowed to each taxpayer subject to the tax 5 imposed by this chapter,a credit for the hiring of an individual with a 6 disability that shall be deductible from the taxpayer’s net income tax liability,7 if any,imposed by this chapter for the taxable year in which the credit is 8 properly claimed.9 (b)The amount of the credit shall be equal to fifty per cent of the 10 qualified wages for the first six months after an individual with a disability is 11 initially hired.A tax credit that exceeds the taxpayer’s income tax liability 12 may be used as a credit against the taxpayer’s income tax liability in 13 subsequent years until exhausted~provided that in no taxable year shall the 14 total amount of the tax credit claimed under this section exceed $per 15 taxpayer.
.B.NO.1 (c)Certification of an individual with a disability for the purpose of 2 claiming a credit under this section shall be submitted to the department of 3 taxation on forms prescribed by the department of taxation.4 (d)An individual shall not be treated as an individual with a 5 disability unless,on or before the day on which the individual begins work for 6 the employer,the employer has received certification from a qualified 7 physician.If an individual has been certified as an individual with a 8 disability and the certification is incorrect because it was based on false 9 information provided by the individual,the certification shall be revoked and 10 wages paid by the employer after the date on which notice of revocation is 11 received by the employer shall not be treated as qualified wages.12 In any request for a certification of an individual as an individual with 13 a disability,the employer shall certify that a good faith effort was made to 14 determine that such individual is an individual with a disability.15 (e)The following wages paid to an individual with a disability are 16 ineligible to be claimed by the employer for this credit:17 (1)No wages shall be taken into account under this section 18 with respect to an individual with a disability who:19 a.Bears any of the relationships described in 20 section 152(d)(2)(A)through (G)of the Internal 21 Revenue Code to the taxpayer,or,if the taxpayer is 2
.B.NO.1 a corporation,to an individual who owns,directly 2 or indirectly,more than fifty per cent in value of 3 the outstanding stock of the corporation 4 (determined with the application of Section 26 7(c)5 of this Internal Revenue Code);6 b.If the taxpayer is an estate or trust,is a grantor,7 beneficiary,or fiduciary of the estate or trust,or is 8 an individual who bears any of the relationships 9 described in Section 152(d)(2)(A)through (G)of the 10 Internal Revenue Code to a grantor,beneficiary or 11 fiduciary of the estate or trust:or 12 c.Is a dependent (described in Section 152(d)(2)(H)of 13 the Internal Revenue Code)of the taxpayer,or,if 14 the taxpayer is an estate or trust,of a grantor,15 beneficiary,or fiduciary of the estate or trust:and 16 (2)No wages shall be taken into account under this section 17 with respect to any individual with a disability if,prior to 18 the day the individual is hired by the employer,the 19 individual had been employed by the employer at any 20 time.3
.B.NO.1 (f)In the case of a successor employer referred to in 2 Section 3306(b)(1)of the Internal Revenue Code,the determination of the 3 amount of the tax credit allowable under this section with respect to wages 4 paid by the successor employer shall be made in the same manner as if the 5 wages were paid by the predecessor employer referred to in the section.6 (g)Claims for the tax credit under this section,including any 7 amended claims,shall be ified on or before the end of the twelfth month 8 following the taxable year for which the credit may be claimed.Failure to 9 comply with the foregoing provision shall constitute a waiver of the right to 10 claim the tax credit.11 (h)The Director of Taxation:12 (1)Shall prepare any forms necessary to claim a credit under 13 this section;14 (2)May require a taxpayer to furnish reasonable information 15 to ascertain the validity of a claim for credit:and 16 (3)May adopt rules pursuant to Chapter 91 to effectuate the 17 purposes of this Section.18 (i)For purposes of this section:19 “Individual with a disability”means an individual having a 20 physical or intellectual impairment that substantially limits one or 21 more major life activities,having a record of that impairment,or being 4
.B.NO.1 regarded as having that impairment:provided that the disabling 2 impairment is certified by a qualified physician.3 “Qualified physician”means:4 (1)A physician or osteopathic physician licensed under 5 Chapter 453;6 (2)A Qualified out-of-state physician who is currently 7 licensed to practice in the state in which the physician resides:8 or 9 (3)A commissioned medical officer in the United 10 States Army,Navy,Marine Corps,or Public Health Service,11 engaged in the discharge of one’s official duty.12 “Qualified wages”means wages attributable to work rendered 13 by an individual with a disability for the six-month period after the 14 individual is initially hired.15 “Wages”means wages,commissions,fees,salaries,bonuses,and 16 every and all other kinds of remuneration for,or compensation 17 attributable to,services performed by an employee for the employee’s 18 employer,including the cash value of all remuneration paid in any 19 medium other than cash and the cost-of-living allowances and other 20 payments included in gross income by Section 235-7(b),but excluding 5
.B.NO.1 income excluded from gross income by Section 235-7 or other 2 provisions of this chapter.”3 SECTION 2.New statutory material is underscored.4 SECTION 3.This Act,upon its approval,shall apply to taxable years 5 beginning after December 31,2017.6 7 INTRODUCED BY:6
.B.NO.Report Title:Individual with a Disability;Employment;Income Tax Credit Description:Provides a taxpayer who hires an individual with a disability a nonrefundable tax credit for the six-month period after the individual is initially hired by the taxpayer.The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.7
TWENTY-NINTH LEGISLATURE,2017 STATE OF HAWAI’I .B.NO.____A BILL FOR AN ACT RELATING TO TAXATION.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI’I:1 SECTION 1.Section 235,Hawai’i Revised Statutes,is amended by 2 adding a new section to be appropriately designated and to read as follows:3 “~235-Income tax credit for hiring an elderly individual.4 (a)There shall be allowed to each taxpayer subject to the tax 5 imposed by this chapter,a credit for the hiring of an elderly individual that 6 shall be deductible from the taxpayer’s net income tax liability,if any,7 imposed by this chapter for the taxable year in which the credit is properly 8 claimed.9 (b)The amount of the credit shall be equal to fifty per cent of the 10 qualified wages for the first six months after the elderly individual is initially 11 hired.A tax credit that exceeds the taxpayer’s income tax liability may be 12 used as a credit against the taxpayer’s income tax liability in subsequent 13 years until exhausted:provided that in no taxable year shall the total 14 amount of the tax credit claimed under this section exceed $per 15 taxpayer.
•B.NO.1 (c)The following wages paid to an elderly individual are ineligible 2 to be claimed by the employer for this credit:3 (1)No wages shall be taken into account under this section 4 with respect to an elderly individual who:5 a.Bears any of the relationships described in section 6 152(d)(2)(A)through (G)of the Internal Revenue Code 7 to the taxpayer,or,if the taxpayer is a corporation,to 8 an individual who owns,directly or indirectly,more 9 than fifty per cent in value of the outstanding stock of 10 the corporation (determined with the application of 11 section 267(c)of this Internal Revenue Code);12 b.If the taxpayer is an estate or trust,is a grantor,13 beneficiary,or fiduciary of the estate or trust,or is an 14 individual who bears any of the relationships 15 described in section 152(d)(2)(A)through (G)of the 16 Internal Revenue Code to a grantor,beneficiary or 17 fiduciary of the estate or trust;or 18 c.Is a dependent (described in section 152(d)(2)(H)of the 19 Internal Revenue Code)of the taxpayer,or,if the 20 taxpayer is an estate or trust,of a grantor,beneficiary,21 or fiduciary of the estate or trust;and 2
.B.NO.1 (2)No wages shall be taken into account under this section 2 with respect to any elderly individual if,prior to the day the individual 3 is hired by the employer,the individual had been employed by the 4 employer at any time.5 (d)In the case of a successor employer referred to in section 6 3306(b)(1)of the Internal Revenue Code,the determination of the amount of 7 the tax credit allowable under this section with respect to wages paid by the 8 successor employer shall be made in the same manner as if the wages were 9 paid by the predecessor employer referred to in the section.10 (e)Claims for the tax credit under this section,including any 11 amended claims,shall be filed on or before the end of the twelfth month 12 following the taxable year for which the credit may be claimed.Failure to 13 comply with the foregoing provision shall constitute a waiver of the right to 14 claim the tax credit.15 (f)The director of taxation:16 (1)Shall prepare any forms necessary to claim a credit under 17 this section:18 (2)May reciuire a taxpayer to furnish reasonable information 19 to ascertain the validity of a claim for credit:and 20 (3)May adopt rules pursuant to chapter 91 to effectuate the 21 purposes of this section.3
.B.NO.1 (f)Forpurposes of this section:2 “Elderly individual”means an individual who is sixty-seven 3 years of age or older.4 “Qualified wages”means wages attributable to work rendered 5 by an elderly individual for the six-month period after the individual is 6 initially hired.7 “Wages”means wages,commissions,fees,salaries,bonuses,and 8 every and all other kinds of remuneration for,or compensation 9 attributable to,services performed by an employee for the employee’s 10 employer,including the cash value of all remuneration paid in any 11 medium other than cash and the cost-of-living allowances and other 12 payments included in gross income by section 235-7(b),but excluding 13 income excluded from gross income by section 235-7 or other provisions 14 of this chapter.”15 SECTION 2.New statutory material is underscored.16 SECTION 3.This Act,upon its approval,shall apply to taxable years 17 beginning after December 31,2017.18 19 INTRODUCED BY:4
.B.NO.Report Title:Taxation;Income Tax Credit;Elderly Description:Provides a taxpayer who hires an elderly individual a nonrefundable tax credit for the six-month period after the individual is initially hired by the taxpayer.The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.5
TWENTY-NINTH LEGISLATURE,2017 STATE OF HAWAI’I .B.NO.____A BILL FORAN ACT RELATING TO ZONING BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI’I:1 SECTION 1.Section 46-4,Hawai’i Revised Statutes,is amended by 2 amending subsection (a)to read as follows:3 “(a)This section and any ordinance,rule,or regulation adopted in 4 accordance with this section shall apply to lands not contained within the 5 forest reserve boundaries as established on January 31,1957,or as 6 subsequently amended.7 Zoning in all counties shall be accomplished within the framework of a 8 long-range,comprehensive general plan prepared or being prepared to guide 9 the overall future development of the county.Zoning shall be one of the tools 10 available to the county to put the general plan into effect in an orderly 11 manner.Zoning in the counties of Hawai’i,Maui,and Kaua’i means the 12 establishment of districts of such number,shape,and area,and the adoption 13 of regulations for each district to carry out the purposes of this section.In 14 establishing or regulating the districts,full consideration shall be given to all 15 available data as to soil classification and physical use capabilities of the land
•.B.NO.1 to allow and encourage the most beneficial use of the land consonant with 2 good zoning practices.The zoning power granted herein shall be exercised by 3 ordinance which may relate to:4 (1)The areas within which agriculture,forestry,industry,5 trade,and business may be conducted;6 (2)The areas in which residential uses may be regulated or 7 prohibited;8 (3)The areas bordering natural watercourses,channels,and 9 streams,in which trades or industries,filling or dumping,erection of 10 structures,and the location of buildings may be prohibited or 11 restricted;12 (4)The areas in which particular uses may be subjected to 13 special restrictions;14 (5)The location of buildings and structures designed for 15 specific uses and designation of uses for which buildings and 16 structures may not be used or altered;17 (6)The location,height,bulk,number of stories,and size of 18 buildings and other structures;19 (7)The location of roads,schools,and recreation areas;20 (8)Building setback lines and future street lines;21 (9)The density and distribution of population;
.B.NO.1 (10)The percentage of a lot that may be occupied,size of 2 yards,courts,and other open spaces;3 (11)Minimum and maximum lot sizes;and 4 (12)Other regulations the boards or city council find necessary 5 and proper to permit and encourage the orderly development of land 6 resources within their jurisdictions.7 The council of any county shall prescribe rules,regulations,and 8 administrative procedures and provide personnel it finds necessary to enforce 9 this section and any ordinance enacted in accordance with this section.The 10 ordinances may be enforced by appropriate fines and penalties,civil or 11 criminal,or by court order at the suit of the county or the owner or owners of 12 real estate directly affected by the ordinances.13 Any civil fine or penalty provided by ordinance under this section may 14 be imposed by the district court,or by the zoning agency after an opportunity 15 for a hearing pursuant to chapter 91.The proceeding shall not be a 16 prerequisite for any injunctive relief ordered by the circuit court.17 Nothing in this section shall invalidate any zoning ordinance or 18 regulation adopted by any county or other agency of government pursuant to 19 the statutes in effect prior to July 1,1957.20 The powers granted herein shall be liberally construed in favor of the 21 county exercising them,and in such a manner as to promote the orderly
.B.NO.1 development of each county or city and county in accordance with a long-2 range,comprehensive general plan to ensure the greatest benefit for the 3 State as a whole.This section shall not be construed to limit or repeal any 4 powers of any county to achieve these ends through zoning and building 5 regulations,except insofar as forest and water reserve zones are concerned 6 and as provided in subsections (c)and (d).7 Neither this section nor any ordinance enacted pursuant to this section 8 shall prohibit the continued lawful use of any building or premises for any 9 trade,industrial,residential,agricultural,or other purpose for which the 10 building or premises is used at the time this section or the ordinance takes 11 effect;provided that a zoning ordinance may provide for elimination of 12 nonconforming uses as the uses are discontinued,or for the amortization or 13 phasing out of nonconforming uses or signs over a reasonable period of time 14 in commercial,industrial,resort,and apartment zoned areas only[-1:and is provided further that a zoning ordinance may provide for the amortization or 16 phasing out of nonconforming single-family transient vacation rental units or 17 nonconforming single-family transient vacation units over a reasonable 18 period of time in an area of any zoning classification.In no event shall such 19 amortization or phasing out of nonconforming uses apply to any existing 20 building or premises used for residential (single-family or duplex)or
.B.NO.1 agricultural uses.Nothing in this section shall affect or impair the powers 2 and duties of the director of transportation as set forth in chapter 262.”3 SECTION 2.Statutory material to be repealed is bracketed and 4 stricken.New statutory material is underscored.5 SECTION 3.This Act shall take effect upon its approval.6 Introduced by:7
Report Title:County Zoning;Single-Family Transient Vacation Rentals Description:Clarifies County zoning authority by distinguishing Single-Family residential use from Single-Family vacation rental use and allowing amortization by ordinance for Single-Family Transient Vacation Rentals over a reasonable period.The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
JUSTIFICATION SHEET Title:A Bill For An Act Relating to Zoning Purpose:This proposed Bill for an Act distinguishes Single-Family residential use from Single-Family vacation rental use,and allows amortization by Ordinance for Single-Family Transient Vacation Rentals over a reasonable period of time.Means:Amends Section 46-4 of the Hawai’i Revised Statutes Justification:This proposed Bill was introduced by several Legislators during the 2014 Hawai’i State Legislative Session,addressing the issue regarding Single-Family Transient Vacation Rentals and whether they should be treated as residential or resort units.It is evident that the vacation rental market has grown over the year and has significantly impacted many residential areas.The current statute allows certain vacation rental operations to circumvent many regulatory controls and claim their use is residential.To properly regulate and align non-conforming vacation rentals with other similar uses,this proposal distinguishes Single-Family residential use from Single-Family vacation rental use,and allows amortization by ordinance for Single-Family Transient Vacation Rentals over a reasonable period of time.