Bill Text: HI HB1838 | 2024 | Regular Session | Amended
Bill Title: Relating To Zoning.
Spectrum: Moderate Partisan Bill (Democrat 42-5)
Status: (Engrossed - Dead) 2024-04-22 - Received notice of appointment of House conferees (Hse. Com. No. 780). [HB1838 Detail]
Download: Hawaii-2024-HB1838-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1838 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO ZONING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to amend existing law governing the zoning authority granted to counties to allow the counties to:
(1) Regulate by zoning ordinance the time, place, manner, and duration in which uses of land and structures may take place; and
(2) Amortize or phase out transient accommodations uses in residential or agricultural zoned areas.
Separately, this Act also expands the scope of the transient accommodations tax law to include certain shelters and vehicles with sleeping accommodations.
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
[(12)] (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] 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[.];
provided that transient accommodations uses may be amortized or phased out in
residential or agricultural zoned areas; provided further that residential uses
do not include transient accommodations uses. Nothing in this section shall affect or impair
the powers and duties of the director of transportation as set forth in chapter
262.
For the purposes of this subsection,
"transient accommodations" has the same meaning as defined in section
237D‑1. "Transient
accommodations" includes uses that require the payment of transient
accommodations taxes."
SECTION 3. Section 237D-1, Hawaii Revised Statutes, is amended by amending the definition of "transient accommodations" to read as follows:
""Transient
accommodations" means the furnishing of a room, apartment, suite, single
family dwelling, shelter, or the like to a transient for less than one
hundred eighty consecutive days for each letting in a hotel, apartment hotel,
motel, condominium or unit as defined in chapter 514B, cooperative apartment,
dwelling unit, or rooming house that provides living quarters, sleeping, or
housekeeping accommodations, vehicles with, or advertised as including,
sleeping accommodations, or other place in which lodgings are regularly
furnished to transients."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2040; provided that section 3 shall take effect on January 1, 2025.
Report Title:
Short-Term Rentals; County Zoning; TAT
Description:
Expands the zoning powers of counties. Expands the scope of the transient accommodations tax law to include certain shelters and vehicles with sleeping accommodations. Takes effect 7/1/2040. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
