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Home My WebLink AboutORD 2007-055 2006-2008 rtY ar y~ .I~ COUNTY OF HAWAII STATE OF HAWAII BILL NO. 345 0.7 (DxaBd) ORDINANCE NO. AN ORDfNANCE AMENDING CHAPTER 25, ARTICLE 1, SUBSECTION 25-1-5 (b), Ol~' TI IE LONING CODE, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE DEFINITION OF FAMILY AND GROUP LIVING PAGLITY, AND AMENDING CHAPTER 25, ARTICLE 2, SECTION 25-2-61, APPLICABILITY; USE PERMIT REQUIRED. I3t{ 1T ORDAINED BY 7'HE COUNCIL OF THE COUN"fY 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, guazdianship or marriage, or a group of not more than five unrelated persons (excluding servants), occupying a dwelling unit I a a;.;A,,,.1..:., 1„«,.,._,._,..... r..:..,...._.....:,..,~ b.....i.... ..t, 7 _ . ' I...l I F ":I;t:°~ ,,.,.1 Fw..,:l., ..l.:l.i ~ a 1.~... 1„ ""Group living facility" means a 24-hour residential facility [dese-gibed vrtd~'rvccc A~ A Lr D ~vo.'1. ~..w.... .......~.'1 A .1'..,1' 1...... ~ D _,1 c ..ae«..,oA:,,t.. A.,.:1 a. /.«e.,t..l «o~.. «.J..ti., J /1r`ti 1TAD F,..-...~«........:....l..,l'.... .«.o..~.,l 1. :11 ..,1.., ~ ..r .~I•.r.'d_tU _ ~ a.~:r... ...,,crl 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 puroose 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 variet oy f neighborhoods while maintaining the integrity character of the neighborhood(s), to promote anon-institutional environment and provide the maximum therapeutic and beneficial value to residents of a groinliving facility. (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 livingfaeility 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 livin fg acility, with the exception of an adult residential care home or an intermediate care facility/mental retardation 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 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 permit. " SECTION 2. Chapter 25, article 2, section 25-2-61, Applicability; use permit required, (7_.oning Code) of the Hawaii County Code 1983 (2005 h;dition, 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: (I) I3ed 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 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 U districts. (6) Group living facilities that exceed the criteria in subsection 25-1- ~~paraeraph (b) of the definition of "group livin tg acility 'in the RS RD RM RCX, RA, FA, A, CN. CG, CV, and V districts. ~7) 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, n, 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, RU, RM, RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. 2 ~ 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 of ten thousand square feet shall be required within the RS, RD, RM, and RA districts. ~(~9j] ~ Telecommunication antennas and towers in RS, RD, RM, and RCX districts. [(-I~] ~ Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. [(-1~J ~ Other unusual and reasonable uses which are not specifically permitted in any zoning district with the approval 01~ 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. INT~RODU~CED BY: I e'er-"-- ~/7~~ Brenda J. Ford COUNCIL MEMBER, COUNTY OF HAWAII Hilo ,Hawaii Date oflntroduction: December 20, 2006 Date of 1st Reading: March 9, 2007 Date of 2nd Reading: March 21, 2007 Effective Date: April 4, 2007 Fc1:~ crr.E~ iCE: Comm. 67.62 3 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii (Draft 4) Introduced Bo: Brenda Ford C,AILLj4j TQ ' , Date Introduced: December 20, 2006 AYES NOES ABS EX First Reading: March 9, 2007 Ford . X Published: N/A Higa X Hoffmann X REMARKS: Dec. 20, 2006 - Postponed Ikeda X Jan. 4, 2007 - Postponed Jacobson X ~ (Amended to Draft 2 and held over) Naeole X Feb. 7, _2007 - Committed to Planning Pilago X Committee (Amended to Draft 4) Yagong X Yoshimoto X 7 0 2 0 Second Reading: March 21, 2007 To Mayor: March 28, 2007 ROLL CALL VOTE Returned: April 4, 2007 , AYES NOES ABS FX ~ Effective: April 4, 2007 - Ford X Published: April 23, 2007 Higa X Hoffmann X REM.dRA',S_ Ikeda X _ - - - Jacobson X - - Naeole X ~I Pilago X i Yagong X Yoshimoto X i 6 2 1 0 / DU HEREBY CERTIFY that the foregoing BILL was ednpled b3c e C unry Council published us inclicaledahove. ~ APPROVED AS TO ~ ' - ~ ~ ~ ~ FORhiT;AND LEGALITY: ~ _ ~ ~ p' CO lL CffklRM, i + ~...,r-.' ~ ~ DEPUTY CORPORATION CO SEL C t`'t \ _ COUNTY OF HAWAII ~ ~ f~~ + MAR "s 0 ~~0' COUNTYL'LERK Date 345 (Draft 4)(2009-2006) Bill No.: ~ C-67.62/PC-28 Approve 'Disapprovedlhi~ _dQY (2004-2006) Reference: n~ ,20 ~,J r.~ - Ord No.: _ b OR, C(_ )FBI WVA1