REPORT TITLE:
Historic Preservation


DESCRIPTION:
Amends the historic preservation law to provide that counties may
approve uses of historic properties that comply with applicable
zoning requirements.  (HB1378 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1378
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HISTORIC PRESERVATION.



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

 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
 

 
Page 2                                                     1378
                                     H.B. NO.           H.D. 1
                                                        
                                                        


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

 
Page 3                                                     1378
                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 burial sites.  These [regulations,] rules, special conditions,
 
 2 and restrictions may include appropriate and reasonable control
 
 3 of the use or appearance of adjacent or associated private
 
 4 property within the public view, or both, historic easements,
 
 5 preventing deterioration by wilful neglect, permitting the
 
 6 modification of local health and building code provisions, and
 
 7 transferring development rights.  At the county's option, the
 
 8 county may approve uses of historic properties that comply with
 
 9 applicable zoning requirements."
 
10      SECTION 3.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.
 
13