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Home My WebLink AboutOrdinance 07-055COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 345 017 171- (Draft 4) AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, SUBSECTION 25 -1 -5 (b), OF TI IE 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. 131{ 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. [The term ineludes individuals in larg.« ,._oup living " "Group living facility" means a 24 -hour residential facility [deseribed appfeved by the siate as an adtf it residential eafe home undef section 321 15.6, faeilit)4mental retardation eeminunity /I(;FIM G) for px.......s inel.., ing mentally :11 .. he a of related to the home eFat r of a.e:cty sta 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 pumose 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 variety of f neighborhoods while maintaining the integrity character of the neighborhood(s), to promote a non - institutional environment and provide the maximum therapeutic and beneficial value to residents of a rg_ouplliving 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 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 kev parcel containing any other group living facility, acility, with the exception of an adult residential care home or an intermediate care facility /mental retardation community (ICF /MR -C)_ (c) A group living facility 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, (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 area of ten 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 often 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 that exceed the criteria in subsection 25- 1 - 5(b), paragraph (b) of the definition of "group living g acility"in the RS RD RM RCX, RA, FA, A, CN, CG, CV, and V districts. [(b)] L7) 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, 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. [�7)] (8) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. 2 [(9)] (9) Mortuaries in RS, RD, RM, RCX, RA, FA and A districts. [(9)] (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. (I I) Telecommunication antennas and towers in RS, RD, RM, and RCX districts. [(I�] (12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. [(1-24] (13) 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. Hilo , Hawai'i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: Brenda J. Ford COUNCIL MEMBER, COUNTY OF HAWAII December 20, 2006 March 9, 2007 March 21, 2007 April 4, 2007 RZA Err.EfiCE: Comm. 67.62 3 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced Bo: Brenda Ford Date Introduced: December 20, 2006 First Reading: March 9, 2007 Published: N/A REMARKS: Dec. 20, 2006 - Postponed Jan. 4, 2007 - Postponed (Amended_ to Draft 2 and held over) Feb. 7, 2007 - Committed to Planning Committee (Amended to Draft 4) Second Reading: March 21, 2007 To Mayor: March 28, Returned: April 4, Effective: April 4, Published: April 23, REMARKS_ 2007 2007 2007 2007 (Draft 4) � C,AILLj4j TQ ' , AYES NOES EX Ford . X Higa X FBS Hoffmann X Ikeda Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 0 2 0 ROLL CALL VOTE AYES NOES ABS EX I Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 2 1 0 1 DU HEREBY CERTIFY that the foregoing BILL was adopted indicated above. APPROVED AS TO FORhii;AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII c Date MAR "s 0 ?nn7 i µ� Approve 'Disapprovedthi �' _ day tVl)�()R n1 20 01 , C( 9F�A WA17 Council published as 4 COUNTY CLERK Bill No.: 345(Draft 4)(2004 -2006) C- 67.62/PC -28 Reference: (2004 -2006) % Ord No.: r •a