Bill Text: HI HB109 | 2023 | Regular Session | Introduced
Bill Title: Relating To County Zoning.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-31 - The committee(s) on WAL recommend(s) that the measure be deferred. [HB109 Detail]
Download: Hawaii-2023-HB109-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
109 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to county zoning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that when section 46-4, Hawaii Revised Statutes, was enacted in 1957, the legislature intended to protect land uses and structures that were established prior to the implementation of comprehensive zoning ordinances by the counties. Interpretations of section 46-4, Hawaii Revised Statutes, that prohibit the counties from adopting zoning regulations that eliminate or amortize land uses and structures established after the ordainment of comprehensive county zoning ordinances are inimical to the legislature's intent and direction that county zoning is to be accomplished within the framework of a long-range, comprehensive general plan, and zoning districts are to guide the overall future development of each county.
The legislature additionally finds that the rise of short‑term rentals, time shares and other short-duration uses of real property have raised questions about whether the rental of property for human occupancy can be treated as different types of land uses depending on the duration of a renter's length of stay or the duration of the underlying rental agreement. The legislature finds that clarifications to section 46-4, Hawaii Revised Statutes, are needed to address the regulation of short‑term rentals, time shares, and other short-duration uses of real property by the counties under their local zoning ordinances.
Accordingly, the purpose of this Act is to amend section 46-4, Hawaii Revised Statutes, relating to county zoning, in order to:
(1) Clarify that section 46-4, Hawaii Revised Statutes, does not prohibit the counties from adopting zoning regulations that eliminate or amortize land uses or structures established after the effective date of the first comprehensive zoning ordinance adopted by a county; and
(2) Clarify that county zoning regulations that restrict the time, place, manner, or duration of a land use activity do not create different types of land uses by limiting the time, place, manner, or duration of a use of land.
SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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 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 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) The time, place, manner, and duration in
which uses of land and structures may take place; provided that zoning
regulations that restrict the time, place, manner, or duration of a use of
property shall not be deemed to create different types of land uses or
structures based on time, place, manner, or duration restrictions established
by the counties; and
(13) Other regulations the boards or city council
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 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 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 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."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
City and
County of Honolulu Package; County Zoning
Description:
Clarifies county zoning to explicitly authorize counties to adopt zoning regulations that eliminate or amortize land uses or structures established after the effective date of the first comprehensive zoning ordinance adopted by a county and zoning regulations that restrict the time, place, manner, or duration of a land use activity that do not create different types of land uses by limiting the time, place, manner, or duration of a use of land.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
