THE SENATE	S.B. NO.	213
TWENTY-SIXTH LEGISLATURE, 2011
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 many residents, including the elderly, mentally ill, and disabled, for a variety of reasons and circumstances may benefit from residing in group living facilities that provide deinstitutionalized, residential settings that are more conducive to their care, health, autonomy, and quality of life.  However, as the number of group living facilities increases in traditional residential areas, the negative impacts that they may unintentionally cause due to increases in care provider and visitor traffic, commercial deliveries, noise, and other impacts may affect their surrounding neighbors, reducing their neighbors' quality of life and enjoyment of quiet, peaceful residential living.

     Accordingly, the counties, in the exercise of their planning and zoning powers, are directed to review their planning and zoning ordinances and to consider the imposition of certain nondiscriminatory performance zoning standards that may become applicable in all or selected zoning districts within the counties to ease any negative impacts that group living facilities may have on surrounding landowners and residents.

     SECTION 2.  Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Neither this section nor any other law, county ordinance, or rule shall prohibit group living in facilities with eight or fewer residents and that are licensed by the State as provided for under section 321-15.6, or in an intermediate care facility/mental retardation-community for persons, including mentally ill, elder, disabled, developmentally disabled, or totally disabled persons, who are not related to the home operator or facility staff; provided that those group living facilities meet all applicable county requirements not inconsistent with the intent of this subsection [and including building], including:

(1) Building height, setback, maximum lot coverage, off‑street parking, and floor area requirements[.];

(2) Temporal restrictions on commercial deliveries; and

(3) Ambient noise and pollutant emission standards at lot boundaries."

     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  Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

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Report Title:

Zoning; Performance Standards

Description:

Allows the counties to impose, within their zoning ordinances, performance standards on group living facilities.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.