HomeMy WebLinkAboutCOM 0067.058 2006-2008 QTY Of
Brenda J Ford . lad Phone No.: (808) 326-5684
Council Member District 7 Fax No.: (808) 329-4786
E-Mail: bford@co.hawaii.hi.us
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T~•a.N'.M
HAWAII COUNTY COUNCIL
County of Hawai `i
Kailua Trade Center
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawaii 96740
DATE: February 28, 2007
T
TO: Pete Hoffmann, Chairperson, and c.
Members of the Hawaii County Council rv
"Y,,
FROM: Council Member Brenda Ford U ~ x
G J
RE: Proposed Amendment to Bi11345, Draft 3. ' f
c~
At its meeting on February 21, 2007, the Planning Committee recommended passage of Bi11345,
Draft 3. Attached please find a Proposed Amendment to Bill 345, Draft 3, which memorializes
additional amendments to the definition of "group living facility" that were discussed (but not
voted upon) at the meeting:
1. Amend paragraph (b) as follows:
"(b) Unless a use permit or special permit is obtained:
(I) A group living facility 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 containing any other group living
facility[), with the exception of an adult residential care home or an
intermediate care facility/mental retazdation community (ICF/MR-Cl.
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2. Amend paragraph (c) as follows:
"(c) A group living facility in existence on the effective date of this ordinance may
continue in operation despite non-compliance with the criteria contained in
[p~~"-('~~ the definition of "group living facility" for a maximum of 15
months from the effective date of this ordinance to allow the group living
facility to come into compliance with said criteria or to obtain a use permit or
special Hermit."
BF/dh Comm. No. ~•S~
Attachment Ref. To:
Ref. Uate MAR 0 1 207
Hawaii County /s An Equa(Opportunity Provider And Employer
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 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 parentage, guardianship or marriage, or a group
of not more than five unrelated persons (excluding servants), occupying a
dwelling unit. [Tl' L.a,.° :.,,1:..:,1..^t..:.. 1°-~^- 1:..:,,,...:,..^,:,..,~
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""Group living facility" means a 24-hour residential facility [d~a
a ncn u •D ac a s w• w• t• a
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*w° t-^'--° F ^~1~'° °*^F" licensed or certified, and monitored by the
State of Hawai`i's Department of Health (DOH) or Department of Human
Services (DHSI, 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 inte rg ated
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.
(bl 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 livin fg
acilit~per tax map key parcel;
(3) No other such licensed or certified dwellin¢ shall be located within
500 feet of the perimeter of any tax man key nazcel containing any
other group livine facility, with the exception of an adult residential
care home or an intermediate care facility/mental retazdation
community (ICF/MR-C~
(c) A group livin fg
acility in existence on the effective date of this
ordinance may continue in operation despite non-compliance with the
criteria contained in the definition of "group livin fg
acility" for a
maximum of 15 months from the effective date of this ordinance to
allow the group livin facility to come into compliance with said
criteria or to obtain a use permit or special permit. "
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 azea 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 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.
(61 Group living facilities that exceed the criteria in subsection 25-1-
5(bl, pazaeraph (bl of the definition of "group living 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 similaz 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.
[(~j] ~ Major outdoor amusement and recreation facilities in RS, RD, RM,
RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts.
2
[(8j] ~ Mortuaries in RS, RD, RM, RCX, RA, FA and A districts.
[(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.
[(~0)] ~ Telecommunication antennas and towers in RS, RD, RM, and RCX
districts.
~ Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA,
V, CG, CV, MCX, ML, MG and O districts.
[(-1-2~] i13) 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.
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