Bill Text: HI HB2016 | 2018 | Regular Session | Amended
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2018-02-16 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) DeCoite, Ing, Nakamura, Onishi, Woodson excused (5). [HB2016 Detail]
Download: Hawaii-2018-HB2016-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2016 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. According to the department of business, economic development, and tourism, for the period from 2015 to 2025, the number of additional housing units that will be required for the counties of Hawaii, Maui, and Kauai is 19,610, 13,949, and 5,287 units, respectively. The city and county of Honolulu will require 25,847 additional units for the same time period. The city and county of Honolulu's draft affordable housing strategy explains that the marketplace is not building enough affordable homes to keep up with demand. Further, over seventy-five per cent of the projected demand is for households earning less than eighty per cent of the area median income, or approximately $75,650 for a family of four.
The legislature finds that a healthy housing market provides opportunities for owners to upgrade to higher priced units, which would increase the inventory of lower priced units for new buyers and renters to enter the market. The legislature further finds that the State should encourage the development of workforce housing to stimulate a healthy housing market. The policies of inclusionary zoning and exactions are contrary to a healthy housing market.
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 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) 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.
(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 a
housing development offered exclusively for sale to buyers earning less than
one hundred forty per cent of the area median income.
(h) Neither this section nor any other law,
county ordinance, or rule shall impose an exaction on a housing development
offered exclusively for sale to buyers earning less than one hundred forty per
cent of the area median income.
(i) As used in this section:
"Exaction"
means a condition placed on a land use permit that requires the developer to
fulfill other requirements not required under the zoning ordinance or
regulation for the land use permit, including dedicating land, building
infrastructure, or paying one or more fees to mitigate anticipated negative
impacts of the development.
"Inclusionary zoning requirement" means any requirement to set aside a fraction of a housing development to be sold 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. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2018 and shall be repealed on June 30, 2023, and section 46-4, Hawaii Revised Statutes shall be reenacted in the form in which it read on June 30, 2018.
Report Title:
Housing; Inclusionary Zoning; Exactions; Development; Exemption; Affordable Housing
Description:
Provides that a county shall not impose an exaction or inclusionary zoning requirement on a housing development offered exclusively for sale to buyers earning less than 140 percent of the area median income. Repeals this prohibition in five years. (HB2016 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
