THE SENATE |
S.B. NO. |
2018 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§46- Zoning;
less intensive use; prohibition; exception.
(a) Notwithstanding any law to the contrary, with
respect to land where housing is an allowable use, an affected county shall not
enact a development ordinance, policy, standard,
agreement, or condition that would:
(1) Change the general plan use designation,
specific plan land use designation, or zoning of a parcel or parcels of
property to a less intensive use; or
(2) Reduce the intensity of land use within an
existing general plan land use designation, specific plan land use designation,
or zoning district,
below what was allowed under the land use
designation and zoning ordinances of the affected county as in effect on
January 1, 2024.
(b) Nothing in this section shall
prohibit an affected county from changing a land use designation or zoning
ordinance to a less intensive use if the county concurrently changes the
development standards, policies, or conditions applicable to other parcels within
the jurisdiction to ensure that there is no net loss in residential capacity.
(c) For purposes of this section,
"less intensive use" includes but is not limited to:
(1) Reductions to height, density, or
floor area ratio;
(2) New or increased open space or lot
size requirements;
(3) New or increased setback
requirements, minimum frontage requirements, or maximum lot coverage
limitations; or
(4) Anything that would lessen the intensity of housing."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon approval.
INTRODUCED BY: |
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Report Title:
Counties; Housing; Zoning; Less Intensive Use; Downzone Prohibition; Exception
Description:
Prohibits a county from changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific land use designation and zoning ordinances in effect on January 1, 2024. Allows a county to change a land use designation or zoning ordinance to a less intensive use if the county concurrently enacts measures to ensure that there is no net loss in residential capacity.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.