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HomeMy WebLinkAboutCOM 0067.045 2006-2008 J YOSHIMOTO rya."`~-'-~•"M,y Phone: (808) 961-8272 CouncilMem6er FAX: (808) 961-8912 District 3 - Email: jyoshimoto@co.hawaii.hi.us ~ O~ NO HAWAII COUNTY COUNCIL COUNTY OF HAWAII r-% February 5, 2007 r-' cp fJ~ -w TO: Pete Hoffmann, Council Chair ~ and Council Members FROM: J Yoshimoto, Council Member ~_i SUBJECT: Proposed Amendment to Bill 345, Draft 2 Attached is a proposed amendment to Bi11345, Draft 2, to include the following changes: 1) Changes the title by adding the definition of "group living facility" to the amendment, and adds an additional amendment to the title: "AND AMENDING CHAPTER 25, ARTICLE 2, SUBSECTION 25-2-61 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO APPLICABILITY; USE PERMIT REQUIRED." 2) In section 25-1-5(b), deletes the following sentence from the definition of "family": The term includes individuals in larger group living situations described as group living facilities and family child care homes. 3) In section 25-1-5(b), adds additional language to the definition of "group living facility": "Group living facility" means a facility described under section 46-4, Hawaii Revised Statutes, as amended, which is licensed or approved by the state as an adult residential care home under section 321-15.6, Hawaii Revised Statutes, or as an intermediate care facility/mental retardation community (ICFIMR-C) for persons including mentally ill, who are not related to the home operator or facility staff[z]1 and meets the following conditions: (A) One ¢roup livin¢ facility per tax map key: (B) Not more than ei>?ht unrelated persons living in a facility, plus any pro¢ram staff, per tax map keY: (C) Is licensed or certified by the department of health; and tD) Is not located within 1,000 feet of the next closest ¢roup living ~ facili ~'f.C~S C©mm, No, - Ref. To:efu3°>. Hawaii County /s An Equal Opportunity Provider And Employer Ref. Date FEB~7 Mailing Address: (Former County Building) 25 Aupuni Street, Hilo, Hawaii 96720 Business Address: Ben Franklin Building, 2"tl Floor, 333 Kilauea Avenue, Hilo, Hawaii 96720 Pete Hoffmann, Council Chair and Council Members February 5, 2007 Page 2 4) Amends subsection 25-2-61(a) relating to Applicability; Use Permit Required by inserting a new item number six to address group living facilities as follows: {61 Group livine facilities to exceed eight unrelated residents, not including program staff; or more than one eroup living facility per tax map key designation; or a eroup livine facility within 1,000 feet of an existing eroup livine facility in the RS, RD, RM, RCX, RA, FA, A, V, CN, CG, and CV districts. 5) In subsection 25-2-61(a), renumbers all subsequent subsections after proposed item number six. JY/dwe Attachment ~tv or w t}t~~~;: COUNTY OF HAWAII ~ STATE OF HAWAII •••rf~pj'M~'~` BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, SUBSECTION 25-1-5(b) (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE DEFINITION OF [lf~] "FAMILY" AND "GROUP LIVING FACILITY"• AND AMENDING CHAPTER 25, ARTICLE 2 SUBSECTION 25-2-61 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION AS AMENDED) RELATING TO 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) (Definitions) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by changing 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. fTl. 1 .7 .7' '.7 1 1 1' .7 'l.e L a a r a "`Group living facility' means a facility described under section 46-4, Hawaii Revised Statutes, as amended, which is licensed or approved by the state as an adult residential care home under section 321-15.6, Hawaii Revised Statutes, or as an intermediate care facility/mental retardation community (ICFIMR-C) for persons including mentally ill, who are not related to the home operator or facility staff]-) and meets the followin¢ conditions: (A) One group living facility per tax map key: (B) Not more than eight unrelated persons livin¢ in a facility, plus any proeram staff, per tax map key: (C) Is licensed or certified by the department of health; and (D) Is not located within 1 000 feet of the next closest croup living facilit SECTION 2. Chapter 25, article 2, subsection 25-2-61(a) (Applicability; Use Permit Required) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended 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 azea 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 azea often thousand squaze 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 to exceed eight unrelated residents, not including program staff• or more than one grouu living facility per tax map key designation or a group living facility within 1 000 feet of an existing arouu living facility in the RS RD RM RCX, RA, FA, A, V, CN, CG, and CV districts. ~ 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 squaze feet shall be required within the RS, RD, RM, RCX and RA districts. [(~j] ~ Major outdoor amusement and recreation facilities in RS, RD, RM, RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. [(Sj] ~ Mortuaries in RS, RD, RM, RCX, RA, FA and A districts. [(~}j] ~ Schools in RS, RD, RM, RA, FA and A districts, provided that a minimum building site azea often thousand squaze feet shall be required within the RS, RD, RM, and RA districts. [(q-9)] ~ Telecommunication antennas and towers in RS, RD, RM, and RCX districts. [(-lq-}] ~ Yacht hazbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. 2 [(~j] ~ Other unusual and reasonable uses which aze not specifically permitted in any zoning district with the approval of the director and the concurrence of the council by resolution." 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. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL EMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 15` Reading: Date of 2"d Reading: Effective Date: 3