Comm-Based Econ Development

Authorizes county planning commission to permit nonconforming
uses when use is owned by community-based organization and
supported by surrounding community.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                     
STATE OF HAWAII                                                 

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to facilitate
 2 community-based economic development through community-based
 3 planning by reducing burdensome regulations that may prevent the
 4 implementation of a community-based strategic plan when there is
 5 no controversy.  Certain businesses owned by community-based
 6 nonprofit organizations or consumer cooperative associations that
 7 might otherwise be disallowed in a region or on particular piece
 8 of land may work to stimulate the local economy and help
 9 diversify the overall state economy.  By allowing the community
10 to determine what types of businesses to allow where empowers the
11 community to take charge of their economic future.
12      SECTION 2.  Section 205-6, Hawaii Revised Statutes, is
13 amended by amending subsection (a) to read as follows:
14      "(a)  The county planning commission may permit:  certain
15 unusual and reasonable uses within agricultural and rural
16 districts other than those for which the district is
17 classified[.]; and an otherwise nonconforming use in any
18 district:
19      (1)  When the nonconforming use is owned by a community-

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 1           based nonprofit organization as defined in section
 2           210D-2 or a consumer cooperative association as defined
 3           in section 421C-1;
 4      (2)  The surrounding community has expressed support for the
 5           use; and
 6      (3)  For purposes of this section, community support means:
 7           (A)  Notice of the proposed use is published three
 8                times in a newspaper of general circulation within
 9                the county concerned;
10           (B)  A public hearing is held within the community; and
11                (i)  No opposition is expressed publicly at the
12                     public hearing or before the county planning
13                     commission; or
14               (ii)  The nonconforming use was proposed and
15                     discussed by the community in the context of
16                     a community strategic planning exercise, and
17                     adopted by the community for inclusion in the
18                     final version of the community strategic
19                     plan.
20 Any person who desires to use the person's land within an
21 agricultural or rural district other than for an agricultural or
22 rural use, as the case may be, may petition the planning
23 commission of the county within which the person's land is

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 1 located for permission to use the person's land in the manner
 2 desired.  Any community-based nonprofit organization or consumer
 3 cooperative association that desires to establish a nonconforming
 4 use in any district may petition the planning commission of the
 5 county within which the land is located for permission to use the
 6 land in the manner desired.  Each county may establish the
 7 appropriate fee for processing the special permit petition."
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 9 New statutory material is underscored.
10      SECTION 4.  This Act shall take effect upon its approval.
12                              INTRODUCED BY:______________________