Report Title:

Zoning; Performance Standards

 

Description:

Allows the counties to impose within their zoning ordinances performance standards on group living facilities.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1333

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to zoning.

 

 

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

 


     SECTION 1.  The legislature finds that many residents, including the elderly, mentally ill, and disabled, for a variety of reasons and circumstances may benefit from residing in group living facilities that provide deinstitutionalized, residential settings that are more conducive to their care, health and autonomy, and quality of life.  However, as the number of group living facilities increases in traditional residential areas, the potential negative impacts that they may unintentionally cause due to increases in care provider and visitor traffic, commercial deliveries, noise, and other impacts resulting from the facilities may affect their surrounding neighbors, thereby reducing the latter's quality of life and quiet, peaceful enjoyment of residential living.

     Accordingly, the counties, in the exercise of their planning and zoning powers, are directed to review their planning and zoning ordinances and to consider the imposition of certain nondiscriminatory performance zoning standards that may become applicable in all or selected zoning districts within the counties to ease any negative impacts that group living facilities may have on surrounding landowners and residents.

     SECTION 2.  Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Neither this section nor any other law, county ordinance, or rule shall prohibit group living in facilities with eight or fewer residents and that are licensed by the State as provided for under section 321-15.6, or in an intermediate care facility/mental retardation-community for persons, including mentally ill, elder, disabled, developmentally disabled, or totally disabled persons, who are not related to the home operator or facility staff; provided that those group living facilities meet all applicable county requirements not inconsistent with the intent of this subsection [and including building], including but not limited to:

     (1)  Building height, setback, maximum lot coverage, off-street parking, and floor area requirements[.];

     (2)  Temporal restrictions on commercial deliveries; and

     (3)  Ambient noise and pollutant emission standards at lot boundaries."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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