County zoning
HRS §46-4
in effect46-4. County zoning
(a) This section and any ordinance, rule, or regulation adopted in accordance with this section shall apply to lands not contained within the forest reserve boundaries as established on January 31, 1957, or as subsequently amended.
Zoning in all counties shall be accomplished
within the framework of a long-range, comprehensive general plan prepared or
being prepared to guide the overall future development of the county. Zoning
shall be one of the tools available to the county to put the general plan into
effect in an orderly manner. Zoning in the counties of Hawaii, Maui, and Kauai
means the establishment of districts of such number, shape, and area, and the
adoption of regulations for each district, to carry out the purposes of this
section. In establishing or regulating the districts, full consideration shall
be given to all available data as to soil classification and physical use
capabilities of the land to allow and encourage the most beneficial use of the
land consonant with good zoning practices. The zoning power granted in this
section shall be exercised by ordinance, which may relate to:
(1) The areas within which agriculture, forestry,
industry, trade, and business may be conducted;
(2) The areas in which residential uses may be
regulated or prohibited;
(3) The areas bordering natural watercourses,
channels, and streams, in which trades or industries, filling or dumping,
erection of structures, and the location of buildings may be prohibited or
restricted;
(4) The areas in which particular uses may be
subjected to special restrictions;
(5) The location of buildings and structures designed
for specific uses and designation of uses for which buildings and structures
may not be used or altered;
(6) The location, height, bulk, number of stories,
and size of buildings and other structures;
(7) The location of roads, schools, and recreation
areas;
(8) Building setback lines and future street lines;
(9) The density and distribution of population;
(10) The percentage of a lot that may be occupied,
size of yards, courts, and other open spaces;
(11) Minimum and maximum lot sizes;
(12) The time, place, manner, and duration in which
uses of land and structures may take place; and
(13) Other regulations the boards or council of any
county find necessary and proper to permit and encourage the orderly
development of land resources within their jurisdictions.
The council of any county shall prescribe
rules, regulations, and administrative procedures and provide personnel it
finds necessary to enforce this section and any ordinance enacted in accordance
with this section. The ordinances may be enforced by appropriate fines and
penalties, civil or criminal, or by court order at the suit of the county or
the owner or owners of real estate directly affected by the ordinances.
Any civil fine or penalty provided by ordinance
under this section may be imposed by the district court, or by the zoning
agency after an opportunity for a hearing pursuant to chapter 91. The
proceeding shall not be a prerequisite for any injunctive relief ordered by the
circuit court.
Nothing in this section shall invalidate any
zoning ordinance or regulation adopted by any county or other agency of
government pursuant to the statutes in effect before July 1, 1957.
The powers granted in this section shall be
liberally construed in favor of the county exercising them, and in a manner
that promotes the orderly development of each county or city and county in
accordance with a long-range, comprehensive general plan to ensure the greatest
benefit for the State as a whole. This section shall not be construed to limit
or repeal any powers of any county to achieve these ends through zoning and
building regulations, except insofar as forest and water reserve zones are concerned
and as provided in subsections (c), (d), (g), and section 46-4.8.
Neither this section nor any ordinance enacted
pursuant to this section shall prohibit the continued lawful use of any
building or premises for any trade, industrial, residential, agricultural, or
other purpose for which the building or premises is used at the time this
section or the ordinance takes effect; provided that a zoning ordinance may
provide for elimination of nonconforming uses as the uses are discontinued, or
for the amortization or phasing out of nonconforming uses or signs over a
reasonable period of time in commercial, industrial, resort, and apartment
zoned areas only. In no event shall the amortization or phasing out of
nonconforming uses apply to any existing building or premises used for
residential (single-family or duplex) or agricultural uses; provided that uses
that include the furnishing or offering of transient accommodations shall not
be considered residential or agricultural uses and may be phased out or
amortized in any zoning district by county zoning regulations; provided further
that a zoning ordinance may provide that transient accommodations may be
furnished to a transient for a period of less than one hundred eighty
consecutive days. Nothing in this section shall affect or impair the powers
and duties of the director of transportation as set forth in chapter 262.
For purposes of this subsection,
"transient accommodations" has the same meaning as defined in section
237D-1. "Transient accommodations" includes uses that require the
payment of transient accommodations taxes.
(b) Any final order of a zoning agency
established under this section may be appealed to the circuit court of the
circuit in which the land in question is found. The appeal shall be in
accordance with the Hawaii rules of civil procedure.
(c) Except as provided in section 46-4.8, each
county may adopt reasonable standards to allow the construction of two
single-family dwelling units on any lot where a residential dwelling unit is
permitted.
(d) Neither this section nor any other law,
county ordinance, or rule shall prohibit group living in facilities with eight
or fewer residents for purposes or functions that are licensed, certified,
registered, or monitored by the State; provided that a resident manager or a
resident supervisor and the resident manager's or resident supervisor's family
shall not be included in this resident count. These group living facilities
shall meet all applicable county requirements not inconsistent with the intent of
this subsection, including but not limited to building height, setback, maximum
lot coverage, parking, and floor area requirements.
(e) Neither this section nor any other law,
county ordinance, or rule shall prohibit the use of land for employee housing
and community buildings in plantation community subdivisions as defined in
section 205-4.5(a)(12); in addition, no zoning ordinance shall provide for the
elimination, amortization, or phasing out of plantation community subdivisions
as a nonconforming use.
(f) Neither this section nor any other law,
county ordinance, or rule shall prohibit the use of land for medical cannabis production
centers or medical cannabis dispensaries established and licensed pursuant to
chapter 329D; provided that the land is otherwise zoned for agriculture,
manufacturing, or retail purposes.
(g) Notwithstanding
any other law, county charter, county ordinance, or rule, any
administrative authority to accept, reject, and approve or deny any application
for subdivision, consolidation, or resubdivision of a parcel of land that has
been fully zoned for residential use within the state urban district designated
pursuant to section 205-2 shall be vested with the director of the county
agency responsible for land use or a single county officer designated by
ordinance; provided that:
(1) The parcel of land being subdivided is not
located on a site that is:
(A) Designated as important agricultural land
pursuant to part III of chapter 205;
(B) On wetlands, as defined in the United
States Fish and Wildlife Service Manual, Part 660 FW2;
(C) Within a floodplain as determined by maps
adopted by the Federal Emergency Management Agency;
(D) A habitat for protected or endangered
species;
(E) Within a state historic district:
(i) Listed on the Hawaii register of historic
places or national register of historic places;
(ii) Listed as a historic property on the Hawaii
register of historic places or the national register of historic places; or
(iii) During the period after a nomination for
listing on the Hawaii register of historic places or national register of
historic places is submitted to the department of land and natural [resources']
state historic preservation division and before the Hawaii historic places
review board has rendered a decision; or
(F) Within lava zone 1 or lava zone 2, as
designated by the United States Geological Survey;
(2) Any approval under this subsection shall be
consistent with all county zoning, development standards, and requirements
pursuant to part II of chapter 205A; and
(3) This subsection shall not apply to county powers
within special management areas delineated pursuant to part II of chapter 205A.
Neither this subsection, any permit issued in
accordance with this subsection, or structures developed pursuant to this
subsection shall create any vested rights for any applicant, permit holder, or
land owner.
[L 1957, c 234, pt of §6 and §9; am L Sp 1959 2d, c 1, §§26, 38; am
L 1965, c 140; Supp, §138-42; HRS §46-4; am L 1980, c 203, §1; am L 1981, c
229, §2; am L 1982, c 54, §5; am L 1985, c 272, §3; am L 1986, c 177, §1; am L
1987, c 109, §2, c 193, §1, and c 283, §4; am L 1988, c 141, §§5, 6 and c 252,
§1; am L 1989, c 313, §1; am L 1990, c 67, §3; am L 1997, c 350, §15; am L
2004, c 212, §2; am L 2005, c 139, §3; am L 2006, c 237, §2; am L 2007, c 249,
§7; am L 2011, c 220, §§9, 10; am L 2014, c 193, §7; am L 2015, c 241, §3; am L
2017, c 170, §2; am L 2024, c 17, §2 and c 39, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0046/HRS_0046-0004.htmFetched: 11/10/2026