Bill Text: HI HB1838 | 2024 | Regular Session | Introduced
Bill Title: Relating To Zoning.
Spectrum: Moderate Partisan Bill (Democrat 42-5)
Status: (Engrossed) 2024-04-22 - Received notice of appointment of House conferees (Hse. Com. No. 780). [HB1838 Detail]
Download: Hawaii-2024-HB1838-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1838 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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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. The legislature finds that according to a
report published by the University of Hawaii Economic
Research Organization, approximately thirty thousand homes, or five per cent of
local housing units in the State, operate as short-term vacation rentals. The impact of short-term rentals on
communities varies significantly across the State, with up to forty per cent of
homes in certain communities operating as short-term vacation rental
units. The counties of Maui and Kauai
are facing an annual decline in total housing stock as formerly
resident-occupied homes are converted to short-term rental units. The loss of these homes contributes to a
statewide shortage of homes and to the high cost of housing in Hawaii.
The legislature further finds that while nonconforming uses in industrial, commercial, resort, and apartment zones may be eliminated or phased out over a period of time when nonconforming uses are discontinued via county ordinance, no such allowance is given in areas zoned for residential use. Though short-term vacation rentals are resort uses, because they operate in residential areas, the courts have overturned county ordinances to phase out short-term vacation rental uses. Additionally, there is an increased need for housing on the island of Maui in the wake of the 2023 Maui wildfires. The house of representatives shelter working group recommended giving counties the clear authority to phase out vacation rental uses as a key tool for helping Maui residents find adequate rental housing in the wake of the wildfires.
The purpose of this Act is to allow counties to enact a zoning ordinance to amortize or phase out nonconforming single-family transient vacation rental units over a reasonable period of time.
SECTION 2. Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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.
Zoning 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 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 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 city council 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.
The powers granted herein shall be
liberally construed in favor of the county exercising them, and in such a manner
as to promote 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)
and (d).
Neither 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[.]; provided further that a zoning ordinance may
provide for the amortization or phasing out of nonconforming single-family
transient vacation rental units over a reasonable period of time in an area of
any zoning classification. In no
event shall such amortization or phasing out of nonconforming uses apply to any
existing building or premises used for residential (single-family or duplex) or
agricultural uses[.] other than nonconforming transient vacation
rental units as provided in this subsection. Nothing in this section shall affect or
impair the powers and duties of the director of transportation as set forth in
chapter 262."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Zoning; Counties; Single-family Transient Vacation Rental Units; Nonconforming Uses
Description:
Allows counties to enact a zoning ordinance to amortize or phase out nonconforming single-family transient vacation rental units over a reasonable period of time.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
