THE SENATE |
S.B. NO. |
2219 |
THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to housing density.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Legislature finds that the provision of adequate housing, in light of the severe shortage of housing at all income levels in the State, is a matter of statewide concern.
The
purpose of this Act is to help alleviate the housing supply shortage by:
(1) Prohibiting the denial of housing development projects based solely on minimum lot size; and
(2) Increasing the permissible floor area ratio for housing development projects.
SECTION 2. 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.
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] in 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.
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]
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. 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)
Neither this section nor any other law, county ordinance, or rule shall
prohibit group living in facilities with eight or fewer residents for purposes
or functions that are licensed, certified, registered, or monitored by the
State; provided that a resident manager or a resident supervisor and the resident
manager's or resident supervisor's family shall not be included in this
resident count. These group living
facilities shall meet all applicable county requirements not inconsistent with
the intent of this subsection, including but not limited to building height,
setback, maximum lot coverage, parking, and floor area requirements.
(e)
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 the elimination, amortization,
or phasing out of plantation community subdivisions as a nonconforming use.
(f)
Neither this section nor any other law, county ordinance, or rule shall
prohibit the use of land for medical cannabis production centers or medical cannabis
dispensaries established and licensed pursuant to chapter 329D; provided that
the land is otherwise zoned for agriculture, manufacturing, or retail purposes.
(g)
No law, county ordinance, or agency rule shall prohibit a development project,
located on an existing legal parcel, solely on the basis that the parcel does not
meet a requirement for minimum lot size.
(h) No law, county ordinance, or agency rule shall
limit the permissible floor area ratio of a housing development project to less
than 1.5. The maximum allowable floor
area shall be determined by multiplying the permissible floor area ratio by the
lot area of the zoning lot.
For purposes of this subsection:
"Floor area" shall be defined by
county ordinance or agency rule, as the case may be.
"Floor area ratio" means the ratio
of floor area to total area of the zoning lot expressed as a per cent or
decimal; provided that where rounding of numbers is necessary to determine
floor area ratio, the nearest one hundredth shall be used.
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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.
INTRODUCED BY: |
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Report Title:
Housing; High Density Housing
Description:
Prohibits the counties from denying a housing development project based solely on minimum lot size. Increases the minimum floor area ratio for housing development projects.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.