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COUNTY OF HAWAII~~, ;STATE OF HAWAII
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Bill No.
ORDINANCE NO.
90 112
301
AN ORDINANCE AMENDILdG CHAPTER 25, ARTICLE 1, DIVISION 1 OF THE
HAWAII COUNTY CODE 1983, AS AMENDED, RELATING TO DAY CARE FACILITY
AND CARE OR FAMILY CARE HOME.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this amendment is to
clarify the definition of a care or family care home. The amendment
also defines a day care facility and states that a use permit is
required for the establishment of a day care facility.
SECTION 2. Chapter 25, Article 1, Division 1, Section 25-4 of
the Hawaii County Code 1983, is amended by adding a new subsection
to be appropriately designated and to read as follows:
"( ) 'Day Care Facility' means a facility which is licensed by
the state where seven or more persons are cared for without
overnight accommodations. This term includes day nurseries,
preschools, kindergartens and adult day care facilities."
SECTION 3. Chapter 25, Article 1, Division 1, Section
25-4(b)(9) of the Hawaii County Code 1983, is amended as follows:
"(9) 'Care home or family care home' means a facility which is
licensed by the state [department of health] to provide general or
rehabilitative care [incident to old age or disability in a group
living arrangement] in homes with not more than one kitchen, to
accommodate up to [five] six persons, whether or not such persons
are related. The maximum [five] six persons permitted shall
be in addition to the family or staff operating the home. The term
includes child care, babysitting and care incident to old age or
disability."
SECTION 4, Chapter 25, Article 1, Division 5, Section 25-28 (a)
(2), Chapter 25 of the Hawaii County Code 1983, is amended as
follows:
"(2) All districts, except V, MG, and 0 districts: private and
public schools, nursery schools, [and] schools for the handicapped,
and day care facilities. A minimum lot area of 10,000 square feet
is required within the RS, RD, RM, and RA districts."
SECTION 5. Material to be repealed is bracketed. New material
is underscored. In printing this ordinance, the brackets, bracketed
material, and underscoring need not be included.
SECTION 6. If any portion of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall 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 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
a
COU IL MEMBER, OUNTY OF HA~~~ I
Hilo, Hawaii
Date of Introduction: September 5, 1990
Date of 1st Reading: September 5, 1990
Date of 2nd Reading: September 19, 1990
Effective Date: September 26, 1990