Bill Text: HI HB502 | 2021 | Regular Session | Amended
Bill Title: Relating To Rural Districts.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2021-04-21 - Conference Committee Meeting will reconvene on Thursday 04-22-21 3:50PM in conference room CR 329. [HB502 Detail]
Download: Hawaii-2021-HB502-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
502 |
|
THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO RURAL DISTRICTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that given the need for additional local housing, the counties should be permitted to adopt ordinances to allow dwellings on each quarter-acre, which will provide flexibility to address this important issue. Accordingly, the purpose of this Act is to allow the counties to determine the appropriateness of allowing dwellings on each quarter-acre, rather than half-acre, of lands in rural districts; provided that the ordinances are consistent with the county general plan and community development plan.
SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a)
There shall be four major land use districts in which all lands in the
State shall be placed: urban, rural,
agricultural, and conservation. The land
use commission shall group contiguous land areas suitable for inclusion in one
of these four major districts. The commission
shall set standards for determining the boundaries of each district, provided
that:
(1) In
the establishment of boundaries of urban districts those lands that are now in
urban use and a sufficient reserve area for foreseeable urban growth shall be included;
(2) In
the establishment of boundaries for rural districts, areas of land composed
primarily of small farms mixed with very low density residential lots, which
may be shown by a minimum density of not more than one house per [one-half]
one-quarter acre and a minimum lot size of not less than one-half acre
shall be included, except as herein provided;
(3) In
the establishment of the boundaries of agricultural districts the greatest
possible protection shall be given to those lands with a high capacity for
intensive cultivation; and
(4) In
the establishment of the boundaries of conservation districts, the "forest
and water reserve zones" provided in Act 234, section 2, Session Laws of
Hawaii 1957, are renamed "conservation districts" and, effective as
of July 11, 1961, the boundaries of the forest and water reserve zones
theretofore established pursuant to Act 234, section 2, Session Laws of Hawaii
1957, shall constitute the boundaries of the conservation districts; provided
that thereafter the power to determine the boundaries of the conservation
districts shall be in the commission.
In
establishing the boundaries of the districts in each county, the commission shall
give consideration to the master plan or general plan of the county."
2. By amending subsection (c) to read:
"(c)
Rural districts shall include activities or uses as characterized by low
density residential lots of not more than one dwelling house per [one-half]
one-quarter acre, except as provided by county ordinance pursuant to section
46-4(c)[,] and provided that any such dwelling house shall be consistent
with the county general plan and community development plans, in areas
where "city-like" concentration of people, structures, streets, and
urban level of services are absent, and where small farms are intermixed with
low density residential lots except that within a subdivision, as defined in
section 484-1, the commission for good cause may allow one lot of less than one‑half
acre, but not less than [eighteen
thousand five hundred square feet,] one-quarter acre, or an equivalent residential density, within
a rural subdivision and permit the construction of one dwelling on such lot;
provided that all other dwellings in the subdivision shall have a minimum lot
size of one-half acre or 21,780 square feet.
Such petition for variance may be processed under the special permit
procedure. These districts may include
contiguous areas which are not suited to low density residential lots or small
farms by reason of topography, soils, and other related characteristics. Rural districts shall also include golf
courses, golf driving ranges, and golf-related facilities.
In addition to the uses listed in this
subsection, rural districts shall include geothermal resources exploration and
geothermal resources development, as defined under section 182‑1,
and construction and operation of wireless communication antenna, as defined
under section 205-4.5(a)(18), as permissible uses."
SECTION 3. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts:
(1) Low density
residential uses;
(2) Agricultural uses;
(3) Golf courses, golf
driving ranges, and golf-related facilities;
(4) Public, quasi-public,
and public utility facilities; and
(5) Geothermal resources
exploration and geothermal resources development, as defined under section
182-1.
In
addition, the minimum lot size for any low density residential use shall be
one-half acre and there shall be but one dwelling house per [one-half] one-quarter
acre[,]; provided that any such dwelling house shall be consistent with
the county general plan and community development plan, except as provided
for in section 205-2."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Rural Districts; Dwellings; County Ordinances
Description:
Authorizes the counties to adopt ordinances that allow up to one dwelling per quarter-acre in rural districts. Effective 7/1/2050. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
