Historic Preservation

Amends the historic preservation law to provide that the
intensity of use of historic properties shall be in keeping with
allowable ranges found in the underlying zoning districts.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that there is a need to
 2 ensure that the use of historic homes in local land use
 3 ordinances is in harmony with the surrounding neighborhood use.
 4 This is especially true in residential, rural, and agricultural
 5 neighborhoods, in which commercial uses will have great adverse
 6 impacts.
 7      In particular, the legislature finds that city and county of
 8 Honolulu's land use ordinance contains a loophole allowing
 9 historic homes to be intentionally placed on the Hawaii register
10 of historic places for their express use as wedding service
11 businesses.  Since historic homes are generally found in older,
12 established neighborhoods, many of the surrounding neighbors are
13 elderly and spend much of their time at home.  Wedding service
14 use in these neighborhoods adversely affects real property
15 taxes/values which affects their fixed retirement income, and
16 also creates adverse noise and traffic impacts to the surrounding
17 community.  Using historic homes in this manner unfairly
18 introduces commercial uses into residential, rural, and
19 agricultural communities that were not intended by the historic

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                                     H.B. NO.           

 1 preservation law.
 2      The intent of the law was to allow for nonconforming use so
 3 additional income could be generated for higher maintenance costs
 4 of historic homes.  Wedding service businesses can earn over
 5 $75,000 per week, far in excess of maintenance costs for these
 6 historic structures.  Additionally, wedding mills are not used by
 7 local residents while taking business away from nonprofit church
 8 organizations that serve the community and need the additional
 9 income.
10      The purpose of this Act is therefore to amend the historic
11 preservation law to provide that the intensity of use of historic
12 properties is to be in keeping with the allowable ranges found in
13 the underlying zoning districts, and that the law protecting
14 historic properties is not to be construed to allow uses that
15 negatively impact properties and values within those zoning
16 districts.
17      SECTION 2.  Section 6E-15, Hawaii Revised Statutes, is
18 amended to read as follows:
19      "6E-15  Regulations, special conditions or restrictions.
20 In addition to any power or authority of a political subdivision
21 to regulate by planning or zoning laws and [regulations] rules or
22 by local laws and regulations, the governing body of any

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                                     H.B. NO.           

 1 political subdivision may provide by [regulations,] rules,
 2 special conditions, or restrictions for the protection,
 3 enhancement, preservation, and use of historic properties or
 4 burial sites.  The intensity of use of historic properties shall
 5 be in keeping with allowable ranges found in the underlying
 6 zoning districts.  This section shall not be construed to allow
 7 uses that negatively impact properties and values within those
 8 zoning districts.  These [regulations,] rules, special
 9 conditions, and restrictions may include appropriate and
10 reasonable control of the use or appearance of adjacent or
11 associated private property within the public view, or both,
12 historic easements, preventing deterioration by wilful neglect,
13 permitting the modification of local health and building code
14 provisions, and transferring development rights."
15      SECTION 3.  Statutory material to be repealed is bracketed.
16 New statutory material is underscored.
17      SECTION 4.  This Act shall take effect upon its approval.
19                              INTRODUCED BY:______________________