COMMITTEE ON PLANNING & THE ECONOMY REPORTS OUT BILL 64, FD1, CD2 FOR FINAL APPROVAL

November 22, 2024

HONOLULU, HAWAIʻI - On November 21, 2024, the Committee on Planning and the Economy, chaired by District 3 Councilmember Esther Kiaʻāina, reported out Bill 64, FD1, CD2 (2023)(formerly Bill 10 (2022)), which updates the Article 5 use regulations of the City’s Land Use Ordinance (LUO), which was last updated over 30 years ago. The bill now heads to the full City Council for final consideration at its December 11, 2024 meeting.

“The Committee’s passage of Bill 64 marks a significant milestone in the multi-year process we outlined to ensure inclusivity, transparency, and active community engagement. I want to thank everyone who participated in this process for all of their hard work—we made excellent progress and improvements, and we are one step closer to having an updated Land Use Ordinance that reflects the community’s current values and needs. I look forward to the Final Reading of the bill at our full Council meeting on December 11, 2024,” stated Committee Chair Kiaʻāina,

The Committee’s draft represents years of collaboration and negotiation between community stakeholders, industry experts, relevant City departments, and the City Council, and it addresses the following key issues, among others:

RESIDENTIAL USE

• Allowing for Multi-Unit Dwellings (e.g., apartments or condominiums) to help address the housing shortage  

• Requiring Large Group Living facilities with nine or more residents to comply with standards and obtain a major conditional use permit, and restricting such facilities to the Apartment, Apartment Mixed-use, and Business Mixed Use zoning districts

• Increasing the maximum allowable size of Accessory Dwelling Units (ADU), and allowing both ADUs and Ohana Units on the same lot

• Clarifying the types of businesses that can be conducted in a residence as a Home Occupation, and establishing related standards to prevent unauthorized business operations in residential areas and to ease pressure on parking and traffic

• Allowing caretaker units in the Preservation and Agricultural zoning districts as a secondary supplemental use for cemeteries and Hawaiian fishponds to address maintenance and security

• Allowing bed and breakfast and transient vacation units in the A-2 zoning district contiguous to the Hoakalei Resort and Lagoon

COMMERCIAL USE

• Distinguishing between Eating & Drinking Establishments and Bars & Nightclubs to address concerns about noise and late-night operations

• Combining minor and major hotel uses into a single “Hotel” use, establishing related standards, and allowing only smaller hotels in certain development plan areas to prevent adverse impacts in non-resort districts

• Setting standards for Animal Care operations, Nature-Based Recreation, and Mobile Commercial Establishments

• Allowing the keeping of stray or feral household pets, such as Animal Sanctuaries and Animal Shelters under the Animal Care Use

• Including ‘Āina Based Education Facility in the Nature-Based Recreation Use

INDUSTRIAL USE

• Establishing number, time, and size limitations for Heliport and Helistop operations to address loud and excessive noise from helicopters in residential areas

• Expanding the maximum floor area of general light manufacturing and processing facilities to 10,000 square feet to provide for expanded manufacturing opportunities where such operations are allowed

• Prohibiting biofuel processing in the P-2 zoning district

PUBLIC, CIVIC AND INSTITUTIONAL USE

• Distinguishing between small, medium, and large meeting facilities, and setting appropriate standards to regulate the size, concentration, and operation of each

• Setting setback, concealment and integration, location, and permitting standards for Antennas, Communication Towers, and Communication Support Structures

• For Large Wind Generation Facilities, establishing setback distances, exposure limits for shadow flicker and noise levels, and limitations on height increases during repair, maintenance, or component replacement

• Creating a new Community-Based Recreation Center use to include gyms, swimming pools, courts, and support facilities and setting appropriate standards to regulate their operation

AGRICULTURAL USE

• Requiring various uses in the agricultural zoning districts to have agricultural acitivty on 51% of the zoning lot area

• Clarifying the definitions standards associated with Crop Raising, Animal Raising, Urban Agriculture, Beekeeping, Agricultural Processing, and other uses

• Requiring use of Hawaii-grown agricultural products for Agricultural Processing, Agricultural Energy Facilities, and Agricultural Farmers Markets

• Removing the 3-acre minimum zoning lot size requirement for Confined Animal Raising, and establishing appropriate setbacks for activities including Agricultural Energy Facilities, Agricultural Equipment Services, and Sawmills

• Requiring a minor (rather than major) conditional use permit for Agritourism because it must be accessory and secondary to a principal agricultural use

MISCELLANEOUS USE

• Removing the Transfer of Development references to allow for separate consideration

For more information on Bill 64 (2023), please visit (https://www.honolulucitycouncil.org/bill64).