Report Title:

Agricultural Districts; Minimum Lot Size

Description:

Requires a minimum lot size of 3 acres of contiguous land for agricultural district subdivisions receiving final subdivision plan approval on or after July 1, 2003; clarifies that one acre will remain the minimum lot size for agricultural district subdivisions receiving final subdivision plan approval prior to July 1, 2003. (HB576 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

576

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to land use.

 

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

SECTION 1. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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, as set forth in this subsection, shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means [; provided that the]. Except as provided herein, the minimum lot size for any agricultural use shall not be less than [one acre, except as provided herein.] three acres of contiguous land for agricultural district subdivisions receiving final subdivision plan approval on or after July 1, 2003, and one acre for agricultural district subdivisions receiving final subdivision plan approval prior to July 1, 2003. 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] set forth in this subsection 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."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.