HomeMy WebLinkAboutBIL 345 Draft 03 2004-2006 +tr or y
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COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 345
(Draft 3)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, SUBSECTION 25-1-5 (B), OF
THE ZONING CODE, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO THE DEFINITION OF FAMILY AND GROUP LIVING
FACILITY, AND AMENDING CHAPTER 25, ARTICLE 2, SECTION 25-2-61,
APPLICABILITY; USE PERMIT REQUIRED.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Chapter 25, article 1, subsection 25-1-5(b), (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition, as amended) is amended to change the definitions of "family"
and "group living facility" to read as follows:
""Family" means an individual or two or more persons related by blood,
state-sanctioned adoption, foster parentage, guardianship or marriage, or a group
of not more than five unrelated persons (excluding servants), occupying a
dwelling unit. [TI,o ?o«...:....I...to..:...t:.,:.t...,I« I.,«,.o« I:..:....
.70....«a.e.l « 1:. F,,,.:1:r: e......A f,.«.:1., ..1,:I,J a 1.,.... o..
""Group living facility" means a 24-hour residential facility [a;~a
..,t,.«.,,.,..:,... nc n u,..,,..:: no..:..o,t c..,«..«o.. e.,.tea ...L:,.t, I:,,e....~a
.e.J 1... •l,e ...,..e ..,i..la «e..:.le«ti..l a 1.,.....e ....,t o« 27t 1 G ~
u.......: no.,:..oa c«,,....o.. ...e«,,,va:,.,e e F,.,.:t:..,i.,,e.....I «,....«,t,.«:,..,
«:r.. /r!'`CTA nD F :«,.l..,l G...rt .«,.«t..11.. :I1 d,.. n«o «..t «el..4vA t,.
licensed or certified, and monitored by the
State of Hawai`i's Department of Health (DOH) or Department of Human
Services {DHS), for persons covered under the Fair Housing Act, as amended,
containing between six and eight unrelated adults and/or children, plus unrelated
home operator or staff who shall not be included in the resident count.
(a) The purpose of this definition is to provide housing to protected and
targeted populations that require therapeutic, medicinal, life skills
training, or other support systems. These facilities shall be integrated
into a variety of neighborhoods while maintaining the integrity and
character of the neighborhood(s), to promote anon-institutional
environment and provide the maximum therapeutic and beneficial
value to residents of a group living facility.
(b) Unless a use permit or special permit is obtained:
(1) A group livin fg
acility shall have no more than eight residents;
(2) Only one group living facility per tax map key parcel;
(3) No other such licensed or certified dwelling shall be located within
500 feet of the perimeter of any tax map key parcel containins any
other group living facility: and/or
(4) Over-concentration of Qroup living facilities in a neighborhood
shall not be allowed.
(c) A group livin¢ facility in existence on the effective date of this
ordinance may continue in operation despite non-compliance with the
criteria contained in paraeraph (b) of the definition of "group living
facility"."
SECTION 2. Chapter 25, article 2, section 25-2-61, Applicability; use permit required,
(Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by
adding "group living facilities" and its appropriate zoning districts, and renumbering paragraphs
to read as follows:
"(a) The following uses shall be permitted within designated County zoning
districts only if a use permit is obtained for the use from the commission:
(1) Bed and breakfast establishments in RS districts.
(2) Crematoriums in all districts.
(3) Churches, temples and synagogues, including meeting facilities for
churches, temples, synagogues and other such institutions, in RS,
RD, RM, RA, FA and A districts; provided that a minimum building
site area often thousand square feet is required within the RS, RD,
RM, and RA districts.
(4) Day care centers in RS, RD, RM, RA, FA and A districts, provided
that a minimum building site area often thousand square feet shall
be required within the RS, RD, RM, and RA districts.
(5) Golf courses and related golf course uses including golf driving
ranges, golf maintenance buildings, and golf club houses in the RS,
RD, RM, RCX, RA, FA, A, V, CG, CV, and O districts.
(6) Group livin¢ facilities that exceed the criteria in subsection 25-1-
5(b), paragraph (b) of the definition of "group lIV1nQ facility"in the
RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts.
Hospitals, sanitariums, old age, convalescent, nursing and rest
homes, and other similar uses devoted to the care or treatment of the
aged, the sick, or the infirm in the RS, RD, RM, RCX, RA, FA, A,
and V districts, provided that a minimum building site area of ten
thousand square feet shall be required within the RS, RD, RM, RCX
and RA districts.
~ Major outdoor amusement and recreation facilities in RS, RD, RM,
RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts.
~ Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.
2
[(9j] Schools in RS, RD, RM, RA, FA and A districts, provided that a
minimum building site area often thousand square feet shall be
required within the RS, RD, RM, and RA districts.
[(~8j] ~ Telecommunication antennas and towers in RS, RD, RM, and RCX
districts.
(12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA,
V, CG, CV, MCX, ML, MG and O districts.
[lam] ~ Other unusual and reasonable uses which are not specifically
permitted in any zoning district with the approval of the director and
the concurrence of the council by resolution.
(b) Any use which received an approval as a conditionally permitted use prior
to September 25, 1984, or which received prior approval through the use
permit process, is considered a legal use of the affected parcel and may be
expanded or enlarged without obtaining another use permit, provided such
expansion, enlargement or addition is in full compliance with this chapter
and the applicable district regulations.
(c) A use permit shall not be required for any use described in subsection (a)
above, if a special permit is obtained for that use, pursuant to section 205-
6, Hawaii Revised Statutes."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Brenda
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
icEFERENCE: Canm. 67.57
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