Bill Text: HI SB1224 | 2013 | Regular Session | Amended
Bill Title: Counties; Land Use; Accessory Dwelling Units
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to EGH. Aye(s) with reservations: Senator(s) L. Thielen. [SB1224 Detail]
Download: Hawaii-2013-SB1224-Amended.html
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THE SENATE |
S.B. NO. |
1224 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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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 add a new definition to read:
""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."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2020.
Report Title:
Counties; Land Use; Accessory Dwelling Units
Description:
Requires the counties to adopt reasonable standards to allow the construction of one single-family dwelling unit and one accessory dwelling unit on each lot where a residential dwelling unit is permitted. Effective 1/1/2020. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
