Bill Text: HI SB1048 | 2010 | Regular Session | Introduced
Bill Title: Zoning
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1048 Detail]
Download: Hawaii-2010-SB1048-Introduced.html
Report Title:
Zoning
Description:
Requires each county to enact zoning ordinances to protect against land slides and rock slides.
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THE SENATE |
S.B. NO. |
1048 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to zoning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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.]
conservation district as designated by chapter 205.
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]
in this section shall be exercised by ordinance [which] that
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, floor area, 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] in this
section 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] the conservation district is 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) Each county shall enact zoning ordinances providing that lands deemed subject to the potential impact of land slides and rock slides shall not be used for residential, commercial, or other intensive use and shall require a sufficient buffer zone to protect persons from any dangers to life, health, safety, or property.
[(d)] (e) Neither this section
nor any other law, county ordinance, or rule shall prohibit group living in
facilities with eight or fewer residents and that are licensed by the State as
provided for under section 321-15.6, or in an intermediate care facility/mental
retardation-community for persons, including mentally ill, elder, disabled,
developmentally disabled, or totally disabled persons, who are not related to
the home operator or facility staff; provided that those group living
facilities meet all applicable county requirements not inconsistent with the
intent of this subsection and including building height, setback, maximum lot
coverage, parking, and floor area requirements.
[(e)] (f) No permit shall be
issued by a county agency for the operation of a halfway house, a clean and
sober home, or a drug rehabilitation home unless a public informational meeting
is first held in the affected community. The State shall provide notification
and access to relevant information, as required, under chapter 846E.
A clean and sober home shall be considered a residential use of property and shall be a permitted or conditional use in residentially designated zones, including but not limited to zones for single-family dwellings.
[(f)] (g) For purposes of this
section:
"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/mental retardation-community" means an identifiable unit providing residence and care for eight or fewer mentally retarded individuals. Its primary purpose is the provision of health, social, and rehabilitation services to the mentally retarded 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.
[(g)] (h) 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 elimination, amortization, or phasing out of plantation community
subdivisions as a nonconforming use."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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