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Home My WebLink AboutRES 301 Draft 01 2014-2016 4 •�v^ ��liyi COUNTY OF HAWAII 1 .*: STATE OF HAWAII t oi'M►:N RESOLUTION NO. 301 15 A RESOLUTION TO APPROVE A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2016 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE. WHEREAS, a proposal has been submitted by a member county of the Hawai`i State Association of Counties (HSAC) for consideration by the Hawai`i County Council for inclusion in the 2016 HSAC Legislative Package; and WHEREAS, at its meeting of September 11, 2015, the HSAC Executive Committee approved for inclusion in the 2016 HSAC Legislative Package a proposal submitted by the County of Kaua`i; and WHEREAS, the proposal must be approved by all four councils to be included in the 2016 HSAC Legislative Package, which will be presented to the State Legislature when it convenes on January 20, 2016; and WHEREAS, timely action is necessary as the HSAC Executive Committee has set a deadline of November 27, 2015, for all counties to approve proposals to be included in the final package; and WHEREAS, the proposed Bill for an Act Relating to Zoning is attached hereto as Exhibit A; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the legislative proposal as presented in Exhibit A is hereby approved for inclusion in the 2016 Hawai`i State Association of Counties Legislative Package. BE IT FINALLY RESOLVED that copies of this resolution be transmitted by the County Clerk to the President and Secretary of the Hawai`i State Association of Counties. Dated at Kona , Hawaii, this 20th day of October , 2015. INTRODUCED BY: .\( /'Ls7--/gA• COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i CHUNG X DAVID X I hereby certify that the foregoing RESOLUTION was by EOFF X the vote indicated to the right hereof adopted by the COUNCIL of the ►LAGAN (bounty of Hawaii on October 20, 2015 X KANUHA X ONISHI X ATTEST: PALEKA X POINDEXTER X WILLS X 7.515 .1/10.' e...---Dep<44444-""--\ 6 1 2 0 Reference: C-500/Waived GREDC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 301 15 2 Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii Sc City & County of Honolulu September 14, 2015 The Honorable Dru Mamo Kanuha Council Chair, Hawaii County Council Hawai`i County Building 25 Aupuni Street, Suite 1402 Hilo, Hawai`i 96720 Dear Chair Kanuha: At the September 11, 2015 Hawai`i State Association of Counties (HSAC) Executive Committee Meeting, the Executive Committee approved the following for inclusion in the 2016 HSAC Legislative Package: "A Bill For An Act Relating To Zoning," which distinguishes Single-Family residential use from Single-Family vacation rental use, and also allows for amortization by Ordinance for Single-Family Transient Vacation Rentals over a reasonable period of time. Pursuant to Section 13C of the Bylaws of the Hawaii State Association of Counties, Inc., each Council shall take appropriate action on the attached proposal and forward its recommendation to the HSAC Executive Committee. Your attention and favorable consideration to this matter is greatly appreciated. Should you have any questions, please feel free to call the Office of the County Clerk, Council Services Division at (808) 241-4188. Sincerely, MEL RAPOZO HSAC President AO:lc Attachment cc: Dennis "Fresh" Onishi, HSAC Vice President/ 4396 Rice Street, Suite 209, Lihu`c,Kauai, Hawaii 96766, (808) 241-4188 EXHIBIT A �� , , B . NO . A BILL FOR AN ACT RELATING TO ZONING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Section 46-4, Hawaii Revised Statutes, is amended by 2 amending subsection (a) to read as follows: 3 "(a) This section and any ordinance, rule, or regulation adopted in 4 accordance with this section shall apply to lands not contained within the forest 5 reserve boundaries as established on January 31, 1957, or as subsequently 6 amended. 7 Zoning in all counties shall be accomplished within the framework of a long- 8 range, comprehensive general plan prepared or being prepared to guide the overall 9 future development of the county. Zoning shall be one of the tools available to the 10 county to put the general plan into effect in an orderly manner. Zoning in the 11 counties of Hawaii, Maui, and Kauai means the establishment of districts of such 12 number, shape, and area, and the adoption of regulations for each district to carry 13 out the purposes of this section. In establishing or regulating the districts, full 14 consideration shall be given to all available data as to soil classification and is physical use capabilities of the land to allow and encourage the most beneficial use 16 of the land consonant with good zoning practices. The zoning power granted herein 17 shall be exercised by ordinance which may relate to: Page 2 B . NO . 1 (1) The areas within which agriculture, forestry, industry, trade, and 2 business may be conducted; 3 (2) The areas in which residential uses may be regulated or prohibited; 4 (3) The areas bordering natural watercourses, channels, and streams, in 5 which trades or industries, filling or dumping, erection of structures, and the 6 location of buildings may be prohibited or restricted; 7 (4) The areas in which particular uses may be subjected to special 8 restrictions; 9 (5) The location of buildings and structures designed for specific uses and 10 designation of uses for which buildings and structures may not be used or altered; 11 (6) The location, height, bulk, number of stories, and size of buildings and 12 other structures; 13 (7) The location of roads, schools, and recreation areas; 14 (8) Building setback lines and future street lines; 15 (9) The density and distribution of population; 16 (10) The percentage of a lot that may be occupied, size of yards, courts, and 17 other open spaces; 18 (11) Minimum and maximum lot sizes; and 19 (12) Other regulations the boards or city council find necessary and proper 20 to permit and encourage the orderly development of land resources within their 21 jurisdictions. Page . B . N . 1 The council of any county shall prescribe rules, regulations, and 2 administrative procedures and provide personnel it finds necessary to enforce this 3 section and any ordinance enacted in accordance with this section. The ordinances 4 may be enforced by appropriate fines and penalties, civil or criminal, or by court 5 order at the suit of the county or the owner or owners of real estate directly affected 6 by the ordinances. ? Any civil fine or penalty provided by ordinance under this section may be 8 imposed by the district court, or by the zoning agency after an opportunity for a 9 hearing pursuant to chapter 91. The proceeding shall not be a prerequisite for any 10 injunctive relief ordered by the circuit court. 11 Nothing in this section shall invalidate any zoning ordinance or regulation 12 adopted by any county or other agency of government pursuant to the statutes in 13 effect prior to July 1, 1957. 14 The powers granted herein shall be liberally construed in favor of the county 15 exercising them, and in such a manner as to promote the orderly development of 16 each county or city and county in accordance with a long-range, comprehensive 17 general plan to ensure the greatest benefit for the State as a whole. This section 18 shall not be construed to limit or repeal any powers of any county to achieve these 19 ends through zoning and building regulations, except insofar as forest and water 20 reserve zones are concerned and as provided in subsections (c) and (d). Page 4 • B • NO . Neither this section nor any ordinance enacted pursuant to this section shall 2 prohibit the continued lawful use of any building or premises for any trade, 3 industrial, residential, agricultural, or other purpose for which the building or 4 premises is used at the time this section or the ordinance takes effect; provided that 5 a zoning ordinance may provide for elimination of nonconforming uses as the uses 6 are discontinued, or for the amortization or phasing out of nonconforming uses or 7 signs over a reasonable period of time in commercial, industrial, resort, and s apartment zoned areas only[]: and provided further that a zoning ordinance may 9 provide for the amortization or phasing out of nonconforming single-family 10 transient vacation rental units over a reasonable period of time in an area of any ii zoning classification. In no event shall such amortization or phasing out of 12 nonconforming uses apply to any existing building or premises used for residential 13 (single-family or duplex) or agricultural uses. Nothing in this section shall affect or 14 impair the powers and duties of the director of transportation as set forth in chapter 15 262." 16 SECTION 2. Statutory material to be repealed is bracketed and stricken. 17 New statutory material is underscored. is SECTION 3. This Act shall take effect upon its approval. 19 Introduced by: 20 Page 5 . B . NO . Report Title: County Zoning; Single-Family Transient Vacation Rentals Description: Clarifies County zoning authority by distinguishing Single-Family residential use from Single-Family vacation rental use and allowing amortization by ordinance for Single-Family Transient Vacation Rentals over a reasonable period.