THE SENATE	S.B. NO.	2466
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to residential zoning.

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

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46-   County residential zoning compliance. (a) Notwithstanding any other law to the contrary, a county shall deem a residential development compliant with its county zoning requirements if the proposed development meets the requirements in subsections (b) and (c).

(b) The residential development is located on a site that meets the following requirements:

(1) At the time of application, the parcel is zoned for residential use by the county and low-density residential single-family construction is authorized;

(2) Notwithstanding any provision of this section or any local ordinance, the proposed housing development would not require demolition or alteration of any of the following types of housing:

(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income;

(B) Housing that is subject to any form of rent or price control through a county's valid exercise of its police power; and

(C) Housing that has been occupied by a tenant in the last three years; and

(3) The parcel is not located within a historic district listed in the National Register of Historic Places or as determined by the state historic preservation program in accordance with chapter 6E.

(c) The residential development meets all of the following requirements:

(1) Compliance with the county's objective design review standards, including but not limited to minimum lot area and required setbacks;

(2) The residential development height limit does not exceed twenty-six feet unless the county allows a greater height;

(3) The proposed project consists of ten units of housing or less; and

(4) If the proposed project is subject to an inclusionary housing ordinance when the project application is submitted, the project satisfies the requirements of the inclusionary housing ordinance."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

County Zoning; Housing; Residential Development

Description:

Requires a county to approve a resident development plan that is compliant with certain requirements.

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