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<br /> <br /> <br /> <br /> <br /> <br /> home is also used as a "farm dwelling." The Department of Health has created a Zoning <br /> Clearance Form, which is given to the applicant of these types of facilities. The form will <br /> <br /> need to be filled out and signed by the applicant and the Planning Department. <br /> (Planning Department Exhibit 3 - Zoning Clearance Form) <br /> <br /> The definition for family within the County of Hawaii Zoning Code is presently <br /> defined as "an individual or two or more persons related by blood, state-sanctioned <br /> <br /> adoption, foster parentage, guardianship or marriage, or a group of not more than five <br /> unrelated persons (excluding servants), occupying a dwelling unit. The term includes <br /> <br /> individuals in larger group living situations described as group living facilities and family <br /> child care homes." The Planning Director is proposing to add the phrase "and a group of <br /> <br /> not more than eight unrelated persons, plus any program staff, Iiving in a facility licensed <br /> or certified by the department of health" to achieve the purpose of the amendment. <br /> <br /> Besides Hawaii County, other counties have adopted similar language to their <br /> definition of family addressing group living or residential facilities licensed by the state. <br /> <br /> The City and County of Honolulu defines family as "one or more persons, all related by <br /> blood, adoption or marriage, occupying a dwelling unit or lodging unit. A family may <br /> also be defined as no more than five unrelated persons. In addition, eight or fewer <br /> <br /> persons who reside in an adult residential care home, a special treatment facility or other <br /> similar facility monitored andlor licensed by the State of Hawaii shall be considered a <br /> <br /> family. Resident managers or supervisors shall not be included in this resident count." <br /> (Emphasis added). Additionally, Maui County defines family as "an individual living <br /> <br /> alone or a group of two or more persons related by blood or marriage and their legal issue <br /> living together as a single housekeeping unit in a dwelling unit and in which two <br /> <br /> boarders, unrelated by blood may be living on a long-term residential basis. A family <br /> may also be defined as no more than five unrelated persons living together as a single <br /> <br /> housekeeping unit. In addition, eight or fewer persons who reside in residential facilities <br /> monitored andlor licensed by the state pursuant to chapter 46-15.3 of the Hawaii Revised <br /> <br /> Statutes shall constitute a family. Resident managers, supervisors or operator and <br /> operator's family shall not be included in the resident count" (Emphasis added). <br /> <br /> There may be legal problems if Hawaii County does not do something to make it <br /> easier to establish group homes. The federal fair housing law prohibits discrimination <br />