B&B rules fall short of rational regulation
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The purpose of zoning laws is to see that land use follows a rational plan, even if allowances are made for variances from that plan.
Many communities around the country leave room in their plan for "bed and breakfast" homes in residential areas. Bill 6, which has been the Honolulu City Council's measured approach to permitting "bed-and-breakfast" units in residential zones, had been equipped with safeguards that now could be deleted — a less than rational option.
City Councilman Rod Tam, who chairs the Zoning Committee, this week introduced a new draft of the bill that seems to have thrown all balancing elements out the window. Some provisions at risk:
All three of these components would be missing from the bill if it's revised according to one proposal. Tam said that the 500-foot restriction is arbitrary, but there are many such boundary-settings in land-use regulations, such as those governing care homes and other uses not usually seen in residential areas.
Without it there could be a proliferation of guest houses so that the full-time residents no longer feel at home on their own street.
The hearing requirement is less problematic, as long as the neighbors and the neighborhood board are alerted well in advance; the board, or other community association, could hold its own hearing.
Tam said some B&B owners have testified they need to designate an operator if they have business or vacations away from home.
That's reasonable enough, but some allowance for short-term substitute operators could be made without eliminating entirely the requirement for owner-operators. Leaving supervision altogether to a "proprietor" would do little to ensure sufficient oversight of the operations.
The council owes O'ahu legislation to regulate these visitor accommodations responsibly. This latest attempt falls far short of that.
Should the City Council establish regulations to allow bed-and-breakfast operations in residential neighborhoods?
