Bill Text: HI SB2029 | 2024 | Regular Session | Amended
Bill Title: Relating To Inclusionary Zoning.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed) 2024-03-07 - Referred to WAL, HSG, FIN, referral sheet 16 [SB2029 Detail]
Download: Hawaii-2024-SB2029-Amended.html
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THE SENATE |
S.B. NO. |
2029 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INCLUSIONARY ZONING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION. 1. The legislature finds that the State is experiencing an affordable housing crisis. The lack of affordable housing is a major barrier to recruiting and retaining a skilled workforce, and one of the primary reasons why Hawaii residents are forced to move to more affordable communities in the continental United States. This trend has severely negatively affected local families and communities that are now separated due to residents being driven out of the State in search of more affordable housing options. Furthermore, many newly available housing units are often purchased by wealthy residents of other states or countries, which can leave many local residents "priced out" and can overwhelm the local market with often vacant vacation homes.
The legislature further finds that inclusionary zoning is a county-level practice that requires a typically small percentage of units in a new housing development to be reserved for individuals earning incomes within a specified range, but the length of time that the unit is required to be deed-restricted as "affordable" is typically limited. Inclusionary zoning requirements by counties, therefore, should not apply to housing that is offered exclusively for sale or rent in perpetuity to certain residents of the State.
Accordingly, to preserve local communities, the purpose of this Act is to prohibit any law, ordinance, or rule from imposing an inclusionary zoning requirement on housing offered exclusively for sale or rent in perpetuity to buyers or renters who are residents of the State, are owner- or renter-occupants, and do not own any other real property.
SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended to read as follows:
"§46-4 County zoning. (a)
This section and any ordinance, rule, or regulation adopted in
accordance 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] a number, shape, and area, and the adoption of regulations
for each district to carry out the purposes of this section. In establishing or regulating 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 zoning power granted herein shall be
exercised by ordinance which may relate to:
(1) The areas [within] in 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) Other regulations the boards or [city]
council of any county find necessary and proper to permit and encourage
the orderly development of land resources within their jurisdictions.
The
council of any county shall prescribe rules, regulations, and administrative
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.
Any
civil fine or penalty provided by ordinance under this section may be imposed
by the district court, or by the zoning agency after an opportunity for a
hearing pursuant to chapter 91. The
proceeding shall not be a prerequisite for any injunctive relief ordered by the
circuit court.
Nothing
in this section shall invalidate any zoning ordinance or regulation adopted by
any county or other agency of government pursuant to the statutes in effect [prior
to] before July 1, 1957.
The
powers granted herein shall be liberally construed in favor of the county
exercising them, and in [such] a manner [as to promote] that
promotes the orderly development of each county or city and county in
accordance with a long-range, comprehensive general plan to ensure the greatest
benefit for the State as a whole. This
section shall not be construed to limit or repeal any powers of any county to
achieve these ends through zoning and building regulations, except insofar as
forest and water reserve zones are concerned and as provided in subsections (c)
and (d).
Neither
this section nor any ordinance enacted pursuant to this section shall prohibit
the continued lawful use of any building or premises for any trade, industrial,
residential, agricultural, or other purpose for which the building or premises
is used at the time this section or the ordinance takes effect; provided that a
zoning ordinance may provide for elimination of nonconforming uses as the uses
are discontinued, or for the amortization or phasing out of nonconforming uses
or signs over a reasonable period of time in commercial, industrial, resort,
and apartment zoned areas only. In no
event shall [such] the amortization or phasing out of
nonconforming uses apply to any existing building or premises used for
residential (single-family or duplex) or agricultural uses. Nothing in this section shall affect or
impair the powers and duties of the director of transportation as set forth in
chapter 262.
(b) Any final order of a zoning agency
established under this section may be appealed to the circuit court of the
circuit in which the land in question is found.
The appeal shall be in accordance with the Hawaii rules of civil
procedure.
(c) Each county may adopt reasonable standards to
allow the construction of two single-family dwelling units on any lot where a
residential dwelling unit is permitted.
(d) Neither this section nor any other law,
county ordinance, or rule shall prohibit group living in facilities with eight
or fewer residents for purposes or functions that are licensed, certified,
registered, or monitored by the State; provided that a resident manager or a
resident supervisor and the resident manager's or resident supervisor's family
shall not be included in this resident count.
These group living facilities shall meet all applicable county
requirements not inconsistent with the intent of this subsection, including but
not limited to building height, setback, maximum lot coverage, parking, and
floor area requirements.
(e) Neither this section nor any other law,
county ordinance, or rule shall prohibit the use of land for employee housing
and community buildings in plantation community subdivisions as defined in
section 205-4.5(a)(12); in addition, no zoning ordinance shall provide for the
elimination, amortization, or phasing out of plantation community subdivisions
as a nonconforming use.
(f) Neither this section nor any other law,
county ordinance, or rule shall prohibit the use of land for medical cannabis production
centers or medical cannabis dispensaries established and licensed pursuant to
chapter 329D; provided that the land is otherwise zoned for agriculture, manufacturing,
or retail purposes.
(g)
Neither this section nor any other law, county ordinance, or rule shall
impose an inclusionary zoning requirement on housing offered exclusively for
sale or rent in perpetuity to buyers or renters who:
(1) Are residents of the State;
(2) Are owner-occupants or renters; and
(3) Do not own any other real property.
(h) As used in this section, "inclusionary zoning requirement" means any requirement to set aside a fraction of a housing development to be sold or rented at below market prices."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on April 14, 2112.
Report Title:
Housing;
Development; Counties; Inclusionary Zoning; Exemption
Description:
Prohibits any law, ordinance, or rule from imposing an inclusionary zoning requirement on housing offered exclusively for sale or rent in perpetuity to buyers or renters who are residents of the State, are owner-occupants or renters, and do not own any other real property. Takes effect 4/14/2112. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
