Bill Text: HI SB526 | 2010 | Regular Session | Introduced
Bill Title: Zoning; Landscaping
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB526 Detail]
Download: Hawaii-2010-SB526-Introduced.html
Report Title:
Zoning; Landscaping
Description:
Requires counties to adopt zoning ordinances to require a minimum percentage of all roof tops on structures in multi-family, hotel, and industrial districts to be landscaped.
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THE SENATE |
S.B. NO. |
526 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to zoning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Many acres of roof tops in the urban districts of the State are covered with tar paper, tar and gravel, or some other equally unsightly material. This space represents unusable areas that could become thriving open green space in a concrete city with the use of rooftop landscaping or agriculture. Scientific testing has shown that roof top landscaping helps reduce the amount of pollutants and dust particles in the air and water. An example of roof top landscaping in the State is the garage of the Hawaii State capitol building and the Kalanimoku building that both have garage roof tops covered with grass, flowers, and shrubs.
The purpose of this Act is to require each county to adopt zoning ordinances requiring all new structures to maintain a portion of its roof top as a landscaped area providing a social amenity or aesthetic asset.
SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46-A Roof top landscaping. (a) Each county shall adopt ordinances to require a developer obtaining a building permit for a structure in a commercial, hotel, multi-family, industrial, or other mixed use district with a commercial component, to develop at least per cent of the roof top of the structure as a landscaped amenity.
(b) The permitted uses of the landscaped portion of the roof top may include, in the following order of priority:
(1) Commercial agricultural operations;
(2) Produce gardens for cultivation by residents or users of the structure;
(3) An aesthetic amenity;
(4) Garden or playground for use by the structure's residents or users;
(5) An amenity for use in conjunction with the operation of a pre-school, school, or senior facility; or
(6) Other similar use.
(c) The owner of the structure shall be responsible for maintaining the required roof top landscaping for the life of the structure.
(d) These ordinances shall be adopted within twenty–four months of the effective date of this Act; provided that the ordinances shall provide that any structures that received a building permit after the effective date of this Act that would have been required to comply with the ordinance, had it been in effect at the effective date of this Act, shall be required to retro-fit the structure to comply with the ordinance."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2009.
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INTRODUCED BY: |
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