HOUSE OF REPRESENTATIVES	H.B. NO.	2147
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO COUNTY ZONING FOR GROUP LIVING facilities.

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

     SECTION 1.  The legislature finds that counties are not allowed under existing law to prohibit state-licensed group living facilities if these facilities otherwise meet all applicable county requirements, including building code provisions.

     The legislature further finds that some group living facilities situated close together have placed unreasonable hardship on residents of neighborhoods, including traffic safety and congestion, disrupting of commercial deliveries, and elevated noise levels.

     The purpose of this Act is to clarify county zoning requirements concerning group living facilities.  

     SECTION 2.  Section 46-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Neither this section nor any other law, county ordinance, or rule shall prohibit group living in facilities with eight or fewer residents and that are licensed by the State as provided for under section 321-15.6, or in an intermediate care facility/mental retardation-community for persons, including mentally ill, elder, disabled, developmentally disabled, or totally disabled persons, who are not related to the home operator or facility staff; provided that those group living facilities meet all applicable county requirements not inconsistent with the intent of this subsection and including building height, setback, maximum lot coverage, parking, [and] floor area requirements[.], traffic safety and congestion, noise levels, and commercial deliveries."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Counties; Zoning; Group Living Homes

Description:

Requires counties to consider in zoning for group living facilities impacts of traffic safety and congestion, elevated noise levels, and disruption of commercial deliveries upon the residents in the surrounding area.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.