Bill Text: HI HB738 | 2014 | Regular Session | Introduced
Bill Title: Counties; Land Use; Accessory Dwelling Units
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB738 Detail]
Download: Hawaii-2014-HB738-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
738 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to land use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that affordable housing continues to be one of the State's most significant and challenging social problems. As the cost of housing increases, the State must continue to assist residents in obtaining affordable housing while balancing fiscal restrictions.
In 2011, the home for life task force, established pursuant to S.C.R. 7, S.D. 1 (2009) and amended by H.C.R. 13 (2010), found that accessory dwelling units hold enormous potential to support affordable housing in addition to supporting multigenerational living, aging in place, smart growth, and the revitalization of the construction industry.
An accessory dwelling unit is a separate additional living unit either attached or detached from the primary residential unit. Accessory dwelling units provide a legal alternative to illegal rental units and are similar to ohana dwelling units, but with less restrictions, particularly, the absence of the requirement that the unit be rented to a family member only. This allows families to pool their resources while living together, yet provides them the flexibility to rent their accessory dwelling unit to anyone if a family member vacates it.
In addition, existing government policies and personnel may readily be adapted to administer accessory dwelling units with minimal changes. Ohana zones have been mapped to identify where accessory dwelling units may be added. Newly created accessory dwelling units may use existing utility and roadway infrastructure without requiring government subsidies. At the same time, the new construction may increase property tax revenue, permit fees, and sewer fees.
The legislature further finds that accessory dwelling units support the elderly by providing a supplemental source of rental income or the option of a companion living arrangement where reduced rent is exchanged for assistance.
The legislature finds that requiring the counties to allow for the construction of accessory dwelling units will reduce the market for illegal dwelling units, increase the supply of affordable housing, provide families with additional housing flexibility, provide opportunities to revitalize the construction industry, and increase tax revenues.
The purpose of this Act is to require the counties to allow the construction of accessory dwelling units on lots where a residential dwelling unit is permitted.
SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (c) to read:
"(c) Each county may adopt reasonable standards to allow the construction of two single-family dwelling units and shall adopt reasonable standards to allow the construction of one single-family dwelling unit and one accessory dwelling unit on any lot where a residential dwelling unit is permitted."
2. By amending subsection (f) to read:
"(f) For purposes of this section:
"Accessory dwelling unit" means a separate additional dwelling unit, including separate kitchen, bedroom, and bathroom facilities, attached or detached from the primary residential dwelling unit.
"Clean and sober home" means a house that is operated pursuant to a program designed to provide a stable environment of clean and sober living conditions to sustain recovery and that is shared by unrelated adult persons who:
(1) Are recovering from substance abuse;
(2) Share household expenses; and
(3) Do not require twenty-four-hour supervision, rehabilitation, or therapeutic services or care in the home or on the premises;
provided that the home shall meet all applicable laws, codes, and rules of the counties and State.
"Developmentally disabled person" means a person suffering from developmental disabilities as defined under section 333F-1.
"Disabled person" means a person with a disability as defined under section 515-2.
"Drug rehabilitation home" means:
(1) A residential treatment facility that provides a therapeutic residential program for care, diagnosis, treatment, or rehabilitation for socially or emotionally distressed persons, mentally ill persons, persons suffering from substance abuse, and developmentally disabled persons; or
(2) A supervised living arrangement that provides mental health services, substance abuse services, or supportive services for individuals or families who do not need the structure of a special treatment facility and are transitioning to independent living;
provided that drug rehabilitation homes shall not include halfway houses or clean and sober homes.
"Elder" means an elder as defined under section 356D-1.
"Halfway house" means a group living facility for people who:
(1) Have been released or are under supervised release from a correctional facility;
(2) Have been released from a mental health treatment facility; or
(3) Are receiving substance abuse or sex offender treatment; and
are housed to participate in programs that help them readjust to living in the community.
"Intermediate care facility for individuals with intellectual disabilities in the community" means an identifiable unit providing residence and care for eight or fewer individuals with intellectual disabilities. Its primary purpose is the provision of health, social, and rehabilitation services to the individuals with intellectual disabilities through an individually designed active treatment program for each resident. No person who is predominantly confined to bed shall be admitted as a resident of such a facility.
"Mental health treatment facility" means a psychiatric facility or special treatment facility as defined under section 334-1.
"Mentally ill person" has the same meaning as defined under section 334-1.
"Totally disabled person" means a "person totally disabled" as defined under section 235-1.
"Treatment program" means a "substance abuse program" or "treatment program", as those terms are defined under section 353G-2."
SECTION 3. 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:
Counties; Land Use; Accessory Dwelling Units
Description:
Requires the counties to allow the construction of accessory dwelling units on lots where a residential dwelling unit is permitted.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
