Bill Text: HI HB815 | 2023 | Regular Session | Introduced
Bill Title: Relating To The Counties.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-01-30 - Referred to WAL, HSG, FIN, referral sheet 3 [HB815 Detail]
Download: Hawaii-2023-HB815-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
815 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that inclusionary zoning is a housing policy that requires that a certain percentage of housing units in a new residential development be priced as affordable for persons having low- to moderate-incomes. Given the severe shortage of affordable housing across the State, some or all of the counties have adopted inclusionary zoning policies in an attempt to increase the supply of affordable housing. However, according to the university of Hawaii economic research organization, inclusionary zoning policies may actually reduce the number of affordable housing units available in a particular area. The legislature recognizes that there is an unintended effect resulting from, among other factors, developers either building high-rent housing in a housing project in order to subsidize required affordable housing units or choosing not to build in areas in which inclusionary zoning applies.
Accordingly, the purpose of this Act is to prohibit the counties from imposing any inclusionary zoning requirements on future housing developments.
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 housing offered exclusively for
sale in fee simple to buyers who are owner-occupants and do not own any other
real property.
As used in this subsection, "inclusionary zoning requirement" means any requirement to set aside a certain percentage of a housing development project to be sold at or below market prices."
SECTION
3. Each county shall submit a report on
inclusionary zoning requirements, including the number of housing units still
owned by original owners and the resale prices of, or profit realized from,
resold units, to the legislature no later than twenty days prior to the
convening of the regular sessions of 2024,
2025, 2026, 2027, and 2028.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the counties to submit reports to the legislature pursuant to section 3 of this Act.
The sums appropriated shall be expended by the counties for the purposes of this Act, in the following amounts:
City and county of Honolulu $
County of Hawaii $
County of Kauai $
County of Maui $ .
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Counties; Affordable Housing; Inclusionary Zoning; Prohibition; Appropriations
Description:
Prohibits the counties from imposing inclusionary zoning requirements. Requires the counties to submit reports to the Legislature. Appropriates moneys.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
