Bill Text: HI HB1838 | 2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating To Zoning.

Spectrum: Moderate Partisan Bill (Democrat 42-5)

Status: (Engrossed) 2024-04-22 - Received notice of appointment of House conferees (Hse. Com. No. 780). [HB1838 Detail]

Download: Hawaii-2024-HB1838-Amended.html

HOUSE OF REPRESENTATIVES

 

 

AMENDMENT TO:

H.B. No. 1838, H.D. 2

 

OFFERED BY:

 

 

DATE:

 

 

 

 

            SECTION 1.  House Bill No. 1838, H.D. 2, is amended by amending Section 2, page 6, line 6 through page 7, line 10 to read as follows:

    "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[.]; provided further that a zoning ordinance may provide for the amortization or phasing out of nonconforming single-family transient vacation rental units that are not owner-occupied over a reasonable period of time in an area of any zoning classification.  In no event shall [such] the amortization or phasing out of nonconforming uses apply to any existing building or premises used for residential (single-family or duplex) or agricultural uses[.] other than nonconforming transient vacation rental units that are not owner-occupied as provided in this subsection.  Nothing in this section shall affect or impair the powers and duties of the director of transportation as set forth in chapter 262.

     For the purposes of this subsection:

     "Transient vacation rental unit" means "short-term rental home", "short-term vacation rental", "transient vacation rental", "transient vacation unit", or "transient vacation use", as those terms are defined by county ordinance.

     "Owner-occupied" means property which is used as the owner's primary residence and which property, or portion thereof, is operated as a transient vacation rental unit.""

 

 

 

 

 

 

 

 

CARRIED

 

FAILED TO CARRY

 

WITHDRAWN

 

 

 

 

 

 

 

 

 

 

 

CHIEF CLERK, HOUSE OF REPRESENTATIVES

 

 

 

 

 

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