Bill Text: HI SB1062 | 2024 | Regular Session | Introduced
Bill Title: Relating To Rural Districts.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB1062 Detail]
Download: Hawaii-2024-SB1062-Introduced.html
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THE SENATE |
S.B. NO. |
1062 |
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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 rural districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to allow the counties to determine the appropriateness of allowing dwellings on each quarter-acre, rather than half-acre, of rural lands. SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) There shall be four major land use districts
in which all lands in the State shall be placed: urban, rural, agricultural, and
conservation. The land use commission
shall group contiguous land areas suitable for inclusion in one of these four
major districts. The commission shall
set standards for determining the boundaries of each district, provided that:
(1) In the establishment of boundaries of urban
districts those lands that are now in urban use and a sufficient reserve area
for foreseeable urban growth shall be included;
(2) In the establishment of boundaries for rural
districts, areas of land composed primarily of small farms mixed with very low
density residential lots, which may be shown by a minimum density of not more
than one house per [one-half] one-quarter acre and a minimum lot
size of not less than one-half acre shall be included, except as herein
provided;
(3) In the establishment of the boundaries of
agricultural districts the greatest possible protection shall be given to those
lands with a high capacity for intensive cultivation; and
(4) In the establishment of the boundaries of
conservation districts, the "forest and water reserve zones" provided
in Act 234, section 2, Session Laws of Hawaii 1957, are renamed
"conservation districts" and, effective as of July 11, 1961, the
boundaries of the forest and water reserve zones theretofore established
pursuant to Act 234, section 2, Session Laws of Hawaii 1957, shall constitute
the boundaries of the conservation districts; provided that thereafter the
power to determine the boundaries of the conservation districts shall be in the
commission.
In establishing the boundaries of
the districts in each county, the commission shall give consideration to the
master plan or general plan of the county."
2. By amending subsection (c) to read:
"(c) Rural districts shall include activities or
uses as characterized by low density residential lots of not more than one
dwelling house per [one-half] one-quarter acre, except as
provided by county ordinance pursuant to section 46-4(c), in areas where
"city-like" concentration of people, structures, streets, and urban
level of services are absent, and where small farms are intermixed with low
density residential lots except that within a subdivision, as defined in
section 484-1, the commission for good cause may allow one lot of less than
one-half acre, but not less than [eighteen
thousand five hundred square feet,] one-quarter acre, or an equivalent residential density, within
a rural subdivision and permit the construction of one dwelling on such lot; provided
that all other dwellings in the subdivision shall have a minimum lot size of
one-half acre or 21,780 square feet.
Such petition for variance may be processed under the special permit
procedure. These districts may include
contiguous areas [which] that are not suited to low density
residential lots or small farms by reason of topography, soils, and other
related characteristics. Rural districts
shall also include golf courses, golf driving ranges, and golf-related
facilities.
In
addition to the uses listed in this subsection, rural districts shall include
geothermal resources exploration and geothermal resources development, as
defined under section 182‑1, and construction and operation of wireless
communication antenna, as defined under section 205-4.5(a)(18), as permissible
uses."
SECTION 3. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts:
(1) Low density residential uses;
(2) Agricultural uses;
(3) Golf courses, golf driving ranges, and
golf-related facilities;
(4) Public, quasi-public, and public utility
facilities; and
(5) Geothermal resources exploration and
geothermal resources development, as defined under section 182-1.
In addition, the minimum lot size for any
low density residential use shall be one-half acre and there shall be but one
dwelling house per [one-half] one-quarter acre, except as
provided for in section 205-2."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Rural Districts; Dwellings
Description:
Allows up to one dwelling per quarter-acre in rural districts.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
