Report Title:

Counties Land Use and Zoning Ordinances; State Land Use Law

Description:

Requires counties to coordinate passage of land use and zoning ordinances and change in zoning applications with Land Use Commission.

HOUSE OF REPRESENTATIVES

H.B. NO.

2183

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ZONING.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that recent court decisions regarding certain large land development projects evidence a lack of coordination between the state land use commission and the various county land use and zoning authorities.

The purpose of this Act is to ensure the proper coordination between the state land use laws and county ordinances and change in zoning actions.

SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§205- Projects to be reviewed as a whole. Where separate applications for any reclassification of contiguous lands owned by the same land owner are contemplated or proposed because they contain different uses, are phased to be developed sequentially, or are separated to avoid any of the requirements of this chapter, the separate applications shall be deemed to be one and shall be reviewed as one application in accordance with the requirements of this chapter."

SECTION 3. Section 205-5, Hawaii Revised Statutes, is amended to read as follows:

"§205-5 Zoning. (a) Except as herein provided, the powers granted to counties under section 46-4 shall govern the zoning within the districts, other than in conservation districts. Conservation districts shall be governed by the department of land and natural resources pursuant to chapter 183C.

(b) Within agricultural districts, uses compatible to the activities described in section 205-2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205-2 and 205-4.5 may be further defined by each county by zoning ordinance. Other uses may be allowed by special permits issued pursuant to this chapter. The minimum lot size in agricultural districts shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means; provided that the minimum lot size for any agricultural use shall not be less than one acre, except as provided herein. If the county finds that unreasonable economic hardship to the owner or lessee of land cannot otherwise be prevented or where land utilization is improved, the county may allow lot sizes of less than the minimum lot size as specified by law for lots created by a consolidation of existing lots within an agricultural district and the resubdivision thereof; provided that the consolidation and resubdivision do not result in an increase in the number of lots over the number existing prior to consolidation; and provided further that in no event shall a lot, which is equal to or exceeds the minimum lot size of one acre be less than that minimum after the consolidation and resubdivision action. The county may also allow lot sizes of less than the minimum lot size as specified by law for lots created or used for public, private, and quasi-public utility purposes, and for lots resulting from the subdivision of abandoned roadways and railroad easements.

(c) To ensure the proper coordination and compliance with this chapter, the appropriate county land use decision-making authority of each county shall:

(1) Submit to the commission for its review all county ordinances, any amendments thereto, and any rules adopted to implement this chapter; and

(2) Upon receipt of any change in zoning application for lands larger than five acres, provide a copy of the application to commission, for its review, and permit the commission to intervene as an interested party to any such change in zoning application.

[(c)] (d) 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; and

(3) Public, quasi-public, and public utility facilities.

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 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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