Bill Text: HI HB2212 | 2024 | Regular Session | Introduced
Bill Title: Relating To Affordable Housing.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2024-02-07 - The committee(s) on HSG/WAL recommend(s) that the measure be deferred. [HB2212 Detail]
Download: Hawaii-2024-HB2212-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2212 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to affordable housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there is a severe housing shortage in Hawaii. The legislature further finds that some medical, educational, and religious institutions are willing to convert a portion of their land to provide housing. It is not the intent of the legislature to allow fly-by-night developers to create one of these types of institutions solely to circumvent the normal development process.
The purpose of this Act is to allow medical, educational, and religious institutions to build residential units on lands zoned for residential or commercial use within the urban district, under certain conditions.
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] 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)
Notwithstanding any law, ordinance, or standard to the contrary, a religious,
educational, or medical institution may build residential units on a parcel of land
zoned for residential or commercial use within the urban state land use
district; provided that any proposed housing development is less than fifteen
acres and no greater than fifty per cent of the parcel area; provided further
that any housing units developed on the institution's property pursuant to this
subsection shall be retained by the institution so long as the institution
remains in existence.
As used in this subsection:
"Educational institution" means any
private educational organization that has been granted tax exempt status under
section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
"Medical institution" means any
organization that has been incorporated in the State as a nonprofit corporation
and that has continuously operated and will be operated exclusively to provide,
or to contribute to the support of, organizations or institutions organized and
operated exclusively to provide hospital, medical, research, or therapeutic
services to the public.
"Religious institution" means
any religious institution or organization that has been granted tax exempt
status under section 501(c)(3) of the Internal Revenue Code 1986, as amended, does
not restrict membership to persons on the basis of race, color, or ancestry,
and has no part of its earnings inured to any private shareholder or individual.
[(d)] (e) 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)] (f) 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)] (g) 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."
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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Report Title:
Housing; Zoning; Religious Institutions; Educational Institutions; Medical Institutions; Nonprofit Organizations
Description:
Allows religious, educational, and medical institutions to build residential units on lands zoned for residential or commercial use within the urban state land use district, under certain conditions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
