Bill Text: HI HB495 | 2012 | Regular Session | Introduced

---

Bill Title: Planned Community Associations; Principal Office; Zoning

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB495 Detail]

Download: Hawaii-2012-HB495-Introduced.html

---

HOUSE OF REPRESENTATIVES	H.B. NO.	495
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to zoning.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§421J‑    Planned community association offices; zoning exemption.  (a)  Subject to the conditions in subsection (b) and the limitations in subsection (c), a planned community association, with the approval of the board of directors pursuant to the terms of the association's governing documents, is authorized to increase the floor area of its principal office, which increase shall be exempt from county zoning-related building restrictions.  The increase in floor area may be accomplished through an expansion of the existing structure containing the principal office or by demolishing the existing structure and replacing it with a new structure.

     (b)  A planned community association may seek an exemption from county zoning-related building restrictions if:

     (1)  The principal office of the planned community association is located on a lot or an area within the planned community;

     (2)  The principal office is contained within a structure that complied with the state and county zoning regulations and building requirements when constructed;

     (3)  Between the time when the principal office was constructed and the date of the exemption request, the planned community increased in size such that the planned community association, and its principal office, now serves more members of the planned community association than when the principal office was permitted by the county;

     (4)  The planned community association has no reasonable alternative for additional office space in a different location that is owned by the planned community association; and

     (5)  All or a portion of the increase in floor area requested by the planned community association would be otherwise prohibited by the county zoning-related building restrictions.

     (c)  The exemption authorized under this section may only result in an increase to the floor area of the existing principal office building in proportion to the percentage increase in the number of lots or units served by the planned community association; provided that yard area setbacks shall be no less than five feet.

     (d)  In order to obtain an exemption under this section, the planned community association shall submit to the county any construction plans required by the county for the issuance of a building permit, together with the information required in subsection (b), in order to ensure that the planned community association qualifies for the exemption.  The planned community association shall be required to adhere to the applicable provisions of the county's building code, electrical code, plumbing code, and any other building construction requirements for altered or new structures, as applicable.

     (e)  For purposes of this section:

     "County zoning-related building restrictions" includes the governing height limit for structures or portions of structures, yard areas, maximum building area, maximum commercial use density (floor area ratio), height setbacks, and use restrictions within the applicable zoning district on office space or the use category assigned to the principal office by the county, including any zoning-specific permits required by the county.  For purposes of this definition, "county zoning-related building restrictions" does not include permits and restrictions for special management areas under chapter 205A."

     SECTION 2.  Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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[.];

provided that the zoning power may be limited as otherwise provided by law, including by section 421J‑  .

     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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Planned Community Associations; Principal Office; Zoning

 

Description:

Authorizes an exemption from county zoning-related building restrictions for an increase in floor area of the principal office of a planned community association, subject to conditions.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.