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Home My WebLink AboutCOM 0067.022 2006-2008 +tV 0! M~ Brenda J. Ford ~q°. Phone No.: (808) 326-5684 Council Member Fax No.: (808) 329-4786 District7-CentralKona E-Mail: btord@co.hawaii.hi.us .h of M'~~ HAWAII COUNTY COUNCIL County of Hawaii Kai[ua Trade Center 75-5706 Hanama Place, Suite /09 Kailua-Kona, Hawaii 96740 lt~IVi~ DATE: January 26, 2007 lfine_~~~n2~++~i g _ 'w"~ 7?~T TO: Pete Hoffmann, Chair, and Coanty Councu Council Members Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 FROM: Council Member Brenda Ford 'Vr~' ~a RE: Bi11345, Draft 2 Attached is the amendment to Bi11345, Draft 2, which was discussed at the Council meeting on Januazy 19, 2007, and is agendized for further discussion at the next Council meeting on February 7, 2007. The attached amendment to Bi11345, Draft 2, amends the definitions of "family" and "group living facility" in subsection 25-1-5(b) of the Hawaii County Code 1983 (2005 Edition, as amended), and adds use permit provisions for group living facilities at subsection 25-2-61 of the Hawaii County Code 1983 (2005 Edition, as amended). The bill title has also been amended as follows: from: 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. to: 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 1, SUBSECTION 25-2-61, APPLICABILITY; USE PERMIT REQUIRED. Comm. No. Z Ref. To: ~"gig Ref, Uate JAN 19 200? Hawaii County /s An Equal Opportunity Provider And Employer ~tv os N- COUNTY OF HAWAII STATE OF HAWAII •••~•0.•N'+ BILL NO. 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 1, SUBSECTION 25-2-61, APPLICABILITY; USE PERMIT REQUIRED. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: 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 pazentage, guardianship or marriage, or a group of not more than five unrelated persons (excluding servants), occupying a dwelling unit. [T'-~s ' A' :,7....1..:., in«,.n« I:..:.... ..:r....r:n«n Annn«a,n.l nn 1:,.:..., Fnna:r: o.. n.,A F .,,:1„ f113-.1~-6aF2-li0t't32~~ o _ _ rnr_«,..... I:..:.... A.,.n:r.,~~ n Fnn:rr...]nnn«a.n.] ,...,lo« ~e..r;.,., nx_n u~...~:: n,...:..,.,1 0 C r..r..rnn n«.in.J ...1.:,.1.:., 1:,.,~..nn.l .n.] 1,,, rl,e nrnre n n.l„Ir « ~;.lo.,r:nl >n > • > r ..:l:r..i.,,n.,.nl «nrnranr:.,.. n ..:r., rrr~>: m,rn r r ..e«n..,,n :,,nl,,.l;..., .,.o.,rnn„ ;11 . 1.,. n «..r «nlnrnA t.. •L... 1.,.«.n rnrn« ..r Fnna:r., nrn FF 1 "Group living facility" means a facility which may house between six (6) and ei hg t (81 unrelated adults and/or children as residents, who are not related to the home operator or facility staff. The home operator and facility staff shall be omitted from the resident count. (al The purpose of this definition is to provide 24-hour residential-type accommodations to populations protected by the Fair Housing Act, as amended. These protected and tazgeted populations require therapeutic, medicinal, life skills training, or other support systems, and shall be integrated into a variety of neighborhoods while maintaining the integrity and chazacter of the neighborhood(s). (b) The ¢roup livine facility shall be licensed or certified, and monitored by the State of Hawai`i's Department of Health (DOH) or Department of Human Services (DHS). (c) The beneficial value of inte¢ratin tg hese protected populations into neighborhoods may diminish when anover-concentration of group living facilities exists in a neighborhood, since the chazacter of the neighborhood will change, or when more than eight (8) residents live in a ¢roup living facility, since an institutional atmosphere is created, therefore: (1) A group livine facility shall have no more than eight (8) residents (Lower resident counts as required by DOH or DHS regulations shall supersede this provision.); (2) Onlv one group living facility per Tax Map Key designation shall be allowed; and/or (3) Onlv one croup living facility shall be allowed within 1000 feet of any existing group living facility. (dl The group livine facility shall meet all applicable county and state zoning requirements including but not limited to: building height, setback, adequate parking, kitchen facilities, and floor azea requirements. (e) A Use Permit, as set forth in Section 2. Chapter 25. Article 1, Subsection 25-2-6, shall be required for a reasonable accommodation to exceed requirements of this section. A reasonable accommodation is defined as that which does not: (1) impose an undue burden or expense on the local government; create a fundamental alteration in the local government's land use and zoning scheme; or (3) create a fundamental chance the integrity or character of the neighborhood. Lf w existing group living facility as of f date of passaee of this ordinancel shall not be required to obtain a Use Permit to be in compliance with these rules unless a deviation is requested. SECTION 2. Chapter 25, Article 1, Subsection 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 the subsections 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 squaze 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 of ten 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 living facilities with requests to exceed a maximum of eight unrelated residents, more than one eroun livin fg acility_per Tax Man Key designation, or a Qoup livine facility within 1000 feet of an existinggroun livine facility in the RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts. {(6}} f 7) Hospitals, sanitaziums, old age, convalescent, nursing and rest homes, and other similar uses devoted to the caze 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 azea often 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. [(8j] ~ Mortuazies in RS, RD, RM, RCX, RA, FA and A districts. 10 Schools in RS, RD, RM, RA, FA and A districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, and RA districts. [(~9)] ~ Telecommunication antennas and towers in RS, RD, RM, and RCX districts. [(}i-j) ~ Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. [(-l~j] ~ 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, enlazgement 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. (1996, Ord. No. 96-160, sec. 2; ratified and amended April 6, 1999.) 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 declazed to be severable. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: