Report Title:

Adult Residential Care Homes; Land Use and Zoning Restrictions

Description:

Makes adult residential care homes a permitted use in all residentially designated zones, including zones for single-family dwellings. Precludes need for conditional use permit, variance, or special exception.

HOUSE OF REPRESENTATIVES

H.B. NO.

2601

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to adult residential care homes.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46-   Adult residential care homes; permitted use in residential areas. (a) For the purposes of zoning, adult residential care homes shall be considered a residential use of property and shall be a permitted use in all residentially designated zones, including but not limited to zones for single-family dwellings. No conditional use permit, variance, or special exception shall be required for residences used as adult residential care homes.

(b) For the purposes of this section, "adult residential care home" means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________