THE SENATE |
S.B. NO. |
2354 |
THIRTY-FIRST LEGISLATURE, 2022 |
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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:
SECTION 1. 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. Given the need for additional local housing, the legislature believes that permitting the counties to adopt an ordinance to allow dwellings on each quarter-acre will provide the required flexibility to address this important issue.
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 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.
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.