THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO INCLUSIONARY ZONING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-4, Hawaii Revised Statutes, is amended to read as follows:
"§46-4 County zoning. (a) This section and any ordinance, rule, or regulation adopted in accordance with this section shall apply to lands not contained within the forest reserve boundaries as established on January 31, 1957, or as subsequently amended.
in all counties shall be accomplished within the framework of a long-range,
comprehensive general plan prepared or being prepared to guide the overall
future development of the county. Zoning
shall be one of the tools available to the county to put the general plan into
effect in an orderly manner. Zoning in
the counties of Hawaii, Maui, and Kauai means the establishment of districts of
such] a number, shape, and area, and the adoption of regulations
for each district to carry out the purposes of this section. In establishing or regulating the districts,
full consideration shall be given to all available data as to soil
classification and physical use capabilities of the land to allow and encourage
the most beneficial use of the land consonant with good zoning practices. The zoning power granted herein shall be
exercised by ordinance which may relate to:
(1) The areas [
within] in which
agriculture, forestry, industry, trade, and business may be conducted;
(2) The areas in which residential uses may be regulated or prohibited;
(3) The areas bordering natural watercourses, channels, and streams, in which trades or industries, filling or dumping, erection of structures, and the location of buildings may be prohibited or restricted;
(4) The areas in which particular uses may be subjected to special restrictions;
(5) The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered;
(6) The location, height, bulk, number of stories, and size of buildings and other structures;
(7) The location of roads, schools, and recreation areas;
(8) Building setback lines and future street lines;
(9) The density and distribution of population;
(10) The percentage of a lot that may be occupied, size of yards, courts, and other open spaces;
(11) Minimum and maximum lot sizes; and
(12) Other regulations the boards or [
council of any county find necessary and proper to permit and encourage
the orderly development of land resources within their jurisdictions.
The council of any county shall prescribe rules, regulations, and administrative procedures and provide personnel it finds necessary to enforce this section and any ordinance enacted in accordance with this section. The ordinances may be enforced by appropriate fines and penalties, civil or criminal, or by court order at the suit of the county or the owner or owners of real estate directly affected by the ordinances.
Any civil fine or penalty provided by ordinance under this section may be imposed by the district court, or by the zoning agency after an opportunity for a hearing pursuant to chapter 91. The proceeding shall not be a prerequisite for any injunctive relief ordered by the circuit court.
Nothing in this section shall invalidate any zoning ordinance or regulation adopted by any county or other agency of government pursuant to the statutes in effect prior to July 1, 1957.
powers granted herein shall be liberally construed in favor of the county
exercising them, and in [
such] a manner [ as to promote] that
promotes the orderly development of each county or city and county in
accordance with a long-range, comprehensive general plan to ensure the greatest
benefit for the State as a whole. This
section shall not be construed to limit or repeal any powers of any county to
achieve these ends through zoning and building regulations, except insofar as
forest and water reserve zones are concerned and as provided in subsections (c)
this section nor any ordinance enacted pursuant to this section shall prohibit
the continued lawful use of any building or premises for any trade, industrial,
residential, agricultural, or other purpose for which the building or premises
is used at the time this section or the ordinance takes effect; provided that a
zoning ordinance may provide for elimination of nonconforming uses as the uses
are discontinued, or for the amortization or phasing out of nonconforming uses
or signs over a reasonable period of time in commercial, industrial, resort,
and apartment zoned areas only. In no
event shall [
such] the amortization or phasing out of
nonconforming uses apply to any existing building or premises used for
residential (single-family or duplex) or agricultural uses. Nothing in this section shall affect or
impair the powers and duties of the director of transportation as set forth in
(b) Any final order of a zoning agency established under this section may be appealed to the circuit court of the circuit in which the land in question is found. The appeal shall be in accordance with the Hawaii rules of civil procedure.
(c) Each county may adopt reasonable standards to allow the construction of two single-family dwelling units on any lot where a residential dwelling unit is permitted.
(d) Neither this section nor any other law, county ordinance, or rule shall prohibit group living in facilities with eight or fewer residents for purposes or functions that are licensed, certified, registered, or monitored by the State; provided that a resident manager or a resident supervisor and the resident manager's or resident supervisor's family shall not be included in this resident count. These group living facilities shall meet all applicable county requirements not inconsistent with the intent of this subsection, including but not limited to building height, setback, maximum lot coverage, parking, and floor area requirements.
(e) Neither this section nor any other law, county ordinance, or rule shall prohibit the use of land for employee housing and community buildings in plantation community subdivisions as defined in section 205-4.5(a)(12); in addition, no zoning ordinance shall provide for the elimination, amortization, or phasing out of plantation community subdivisions as a nonconforming use.
(f) Neither this section nor any other law, county ordinance, or rule shall prohibit the use of land for medical cannabis production centers or medical cannabis dispensaries established and licensed pursuant to chapter 329D; provided that the land is otherwise zoned for agriculture, manufacturing, or retail purposes.
(g) Neither this section nor any other law, county ordinance, or rule shall impose an inclusionary zoning requirement on housing offered exclusively for sale in perpetuity to buyers who:
(1) Are residents of the State;
(2) Are owner-occupants; and
(3) Do not own any other real property.
(h) As used in this section, "inclusionary zoning requirement" means any requirement to set aside a fraction of a housing development to be sold at below market prices."
SECTION 2. Each county shall submit a report on its inclusionary zoning requirements, including the number of its housing units still owned by original owners and the resale prices of or profit realized from resold units to the legislature no later than twenty days prior to the convening of the regular sessions of 2024, 2025, 2026, 2027, and 2028.
SECTION 3. This Act does not affect rights and duties that were matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on March 22, 2075.
Prohibits any law, ordinance, or rule from imposing an inclusionary zoning requirement on housing offered exclusively for sale in perpetuity to buyers who are residents of the State, are owner-occupants, and do not own any other real property. Requires each county to submit a report on its inclusionary zoning requirements to the Legislature every year until the Regular Session of 2028. Effective 3/22/2075. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.