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HomeMy WebLinkAboutCOM 0675.172 2022-2024 �Y OX p Phone: (808)961-8828 HEATHER L. KIMBALL �•'�� t•''+., COUNCIL CHAIRFax: (808)961-8912 Council District 1 (North Hilo, Email.-heather.kinahall a hms,aiicount ov Hamakua, and portion of Waimea) :r moo qTt o'F'yiK� HAWAII COUNTY COUNCIL COUNTY OF HAWAII 25 Aupuni Street, Ste. 1402, Hilo, Hamvai`i 96720 DATE: July 8, 2024 TO: Hawaii County Council Members - FROM: Heather Kimball, Council Chair Council District 1, County of Hawaii SUBJECT: Supporting Material related to Bill No. 121, 122 and 123 Attached for Council members review is Act 17 of the Hawaii State Legislature, which is relevant to today's discussion on Bil12 121, 122, and 123, as well as to the amendments being proposed today. I request that the attached be distributed to the members of the Policy Committee on Planning, Land Use, and Development to aid the Committee in its consideration of Bills 121, 122, and 123. Thank you. Comiti. No. �� `'• H Ref. To: GpO Ref. Dote, JI.- — 8 2024— Hativai'i County is an Equal Opportunity Provider and Employer THE SENATE 2919 THIRTY-SECOND LEGISLATURE, 2024 S . B . NO . S.D. 2 STATE OF HAWAII H.D. 2 C.D. 1 A BILL FOR AN ACT RELATING TO PROPERTY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1 . The legislature finds that the district court 2 in Hawaii Legal Short-Term Rental Alliance v. City and County of 3 Honolulu, No. 22--cv-247-DKw-RT (D. Haw. , 2022) , permanently 4 enjoined the city and county of Honolulu from enforcing 5 Ordinance No. 22-7, insofar as it prohibited thirty- to eighty- 6 nine-day home rentals, or the advertisement of these rentals, in 7 any district on Oahu. Notwithstanding, it is the legislature' s 8 intent to honor and wholeheartedly support the home rule 9 authority statutorily provided to the counties relating to 10 zoning to ensure that the counties are able to guide the overall 11 future development of their local jurisdictions in a manner they 12 deem fit, using the tools available to the counties to put their 13 general plans into effect in an orderly manner. 14 Accordingly, the purpose of this .pct is to: 15 (1) Clarify the counties' authority to regulate by zoning 16 ordinance the time, place, manner, and duration in 17 which uses of land and structures may take place; 2024-2729 (SH2919 CD1ll. SMA[[.docx a Page 2 S . B . 2919 VNO . S.D. 2 H.D. 2 C.D. 1 1 (2) Clarify that uses that include the provision of 2 transient accommodations are not considered 3 residential uses and may be phased out or amortized by 4 the counties; and 5 (3) Expand the scope of the transient accommodations tax 6 law to include certain shelters and vehicles with 7 sleeping accommodations. 8 SECTION 2 . Section 46-4, Hawaii Revised Statutes, is 9 amended by amending subsection (a) to read as follows : 10 " (a) This section and any ordinance, rule, or regulation 11 adopted in accordance with this section shall apply to lands not 12 contained within the forest reserve boundaries as established on 13 January 31, 1957, or as subsequently amended. 14 Zoning in all counties shall be accomplished within the 15 framework of a long-range, comprehensive general plan prepared 16 or being prepared to guide the overall future development of the 17 county. Zoning shall be one of the tools available to the 18 county to put the general plan into effect in an orderly manner. 19 Zoning in the counties of Hawaii, Maui, and Kauai means the 20 establishment of districts of such number, shape, and area, and 21 the adoption of regulations for each district, to carry out the 2024-2729 SyyB{{29®®1.9 CD�I1 SMppA.docx 2 Page 3 2919 S . B . NON S.©. 2 H.D. 2 1 purposes of this section. In establishing or regulating the 2 districts, full consideration shall be given to all available 3 data as to soil classification and physical use capabilities of 4 the land to allow and encourage the most beneficial use of the S land consonant with good zoning practices . The zoning power 6 granted (herein] in this section shall be exercised by 7 ordinance, which may relate to: 8 (1) The areas within which agriculture, forestry, 9 industry, trade, and business may be conducted; 10 (2) The areas in which residential uses may be regulated 11 or prohibited; 12 (3) The areas bordering natural watercourses, channels, 13 and streams, in which trades or industries, filling or 14 dumping, erection of structures, and the location of 15 buildings may be prohibited or restricted; 16 (4) The areas in which particular uses may be subjected to 17 special restrictions; 18 (5) The location of buildings and structures designed for 19 specific uses and designation of uses for which 20 buildings and structures may not be used or altered; [[2024-2729 SB��pp291.9 gqCD1 SMIiA�� .docx 3 i Page 4 2919 S . B . NO . s.D. z H.D. 2 C.D. 1 1 (6) The location, height, bulk, number of stories, and 2 size of buildings and other structures; 3 (7) The location of roads, schools, and recreation areas; 4 (8) Building setback lines and future street lines; 5 (9) The density and distribution of population; 6 (10) The percentage of a lot that may be occupied, size of 7 yards, courts, and other open spaces; 8 (11) Minimum and maximum lot sizes; ( ] 9 (1.2) The time, place, manner, and duration in which uses of 10 land and structures may take place; and 11 [+1-2+] (13) Other regulations the boards or [Erb] council 12 of any county find necessary and proper to permit and 13 encourage the orderly development of land resources 14 within their jurisdictions. 15 The council of any county shall prescribe rules, 16 regulations, and administrative procedures and provide personnel 17 it finds necessary to enforce this section and any ordinance 18 enacted in accordance with this section. The ordinances may be 19 enforced by appropriate fines and penalties, civil or criminal, 20 or by court order at the suit of the county or the owner or 21 owners of real estate directly affected by the ordinances . (2024-'I27N2IIIIl!9 SB21I��pp919 CDI Sl!MIA.docx 4 1 Page 5 2919 S . B . No . S.Q, 2 RD, 2 C.Q. 1 1 Any civil fine or penalty provided by ordinance under this 2 section may be imposed by the district court, or by the zoning 3 agency after an opportunity for a hearing pursuant to 4 chapter 91 . The proceeding shall not be a prerequisite for any 5 injunctive relief ordered by the circuit court. 6 Nothing in this section shall invalidate any zoning 7 ordinance or regulation adopted by any county or other agency of 8 government pursuant to the statutes in effect [prier to] before 9 July 1, 1957 . 10 The powers granted [gin] in this section shall be 11 liberally construed in favor of the county exercising them, and 12 in [eueh] a manner [ ] that promotes the orderly 13 development of each county or city and county in accordance with 14 a long-range, comprehensive general plan to ensure the greatest 15 benefit For the State as a whole. This section shall not be 16 construed to limit or repeal any powers of any county to achieve 17 these ends through zoning and building regulations, except 18 insofar as forest and water reserve zones are concerned and as 19 provided in subsections (c) and (d) . 20 Neither this section nor any ordinance enacted pursuant to 21 this section shall prohibit the continued lawful use of any 2024-2729 SB291.II�9�� CD1 SMA,docx 5 Page 6 S . B . 2919 VNO . S.D. 2 H.D. 2 C.D. 1 1 building or premises for any trade, industrial, residential, 2 agricultural, or other purpose for which the building or 3 premises is used at the time this section or the ordinance takes 4 effect; provided that a zoning ordinance may provide for 5 elimination of nonconforming uses as the uses are discontinued, 6 or for the amortization or phasing out of nonconforming uses or 7 signs over a reasonable period of time in commercial, 8 industrial, resort, and apartment zoned areas only. In no event 9 shall [sem] the amortization or phasing out of nonconforming 10 uses apply to any existing building or premises used for 11 residential (single-family or duplex) or agricultural uses [ ... ] ; 12 provided that uses that include the furnishing or offering of 13 transient accommodations shall not be considered residential or 14 agricultural uses and may be phased out or amortized in an 15 zoning district by county zoning regulations; provided further 16 that a zoning ordinance may provide that transient 17 accommodations may be furnished to a transient for a period of 18 less than one hundred eighty consecutive days. Nothing in this 19 section shall affect or impair the powers and duties of the 20 director of transportation as set forth in chapter 262 . 2024-27II2ii9 SBj2919II CDl SM��gqA.docx 6 1 Page 7 B2919 S . B . NO . S.D, 2 H.D. 2 C.D. 1 1For _purposes of this subsection, "transient accommodations" 2 has the same meaning as defined in section 237D-1 . "Transient 3 accommodations" includes uses that require the payment of 4 transient accommodations taxes. " 5 SECTION 3. Section 237D-1, Hawaii Revised Statutes, is b amended by amending the definition of "transient accommodations" 7 to read as follows: 8 ""Transient accommodations" means the furnishing of a room, 9 apartment, suite, single family dwelling, shelter, or the like 10 to a transient for less than one hundred eighty consecutive days 11 for each letting in a hotel, apartment hotel, motel, condominium 12 or unit as defined in chapter 514B, cooperative apartment, 13 vehicle equipped with or advertised as including sleeping 14 accommodations, dwelling unit, or rooming housd that provides 15 living quarters, sleeping, or housekeeping accommodations, or 16 other place in which lodgings are regularly furnished to 17 transients . " 18 SECTION 4 . This Act does not affect rights and duties that 19 matured, penalties that were incurred, and proceedings that were 20 begun before its effective date. 2024-2729 SB291Ip�9�Aq CD1 IIr SM IA.II�I�pdol cx11I � Page 8 2919 S . B . NO . S.D. 2 H.D. 2 1 SECTION 5. Statutory material to be repealed is bracketed 2 and stricken. New statutory material is underscored. 3 SECTION 6. This Act shall take effect upon its approval; 4 provided that section 3 shall take effect on January 1, 2025. [2024-27p29 SB291pp9 CDpp1II S IMIIA.d�goj�cx 8 S.D. 2 S . B . No . S.©. H.D. 2 C.D. 1 Report Title: Short-Term Rentals; County Zoning; County home Rule Authority; Transient Accommodations; Transient Accommodations Tax; Shelter; Vehicles Description: Clarifies the counties' authority to regulate the time, place, manner, and duration in which uses of land and structures may take place. Clarifies that uses that include the provision of transient accommodations are not considered residential uses and may be phased out or amortized by the counties. Beginning 1/1/2025, expands the scope of the transient accommodations tax .law to include certain shelters and vehicles with sleeping accommodations. (CDD) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. 2024-2729 SB2919 CD1 SMA,docx