2020 Hawaii Revised Statutes
Title 6. County Organization and Administration
46. General Provisions
46-15.35 Family child care homes; permitted use in residential areas and agriculturally designated districts.
§46-15.35 Family child care homes; permitted use in residential areas and agriculturally designated districts. (a) For the purposes of zoning, family child care homes shall be:
(1) 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; and
(2) Considered a permitted use in all agriculturally designated districts; provided that the family child care home is located in a farm dwelling, notwithstanding sections 205-2 and 205-4.5.
No conditional use permit, variance, or special exception shall be required for residences used as family child care homes.
(b) For the purposes of this section, "family child care home" means a private residence, including an apartment, unit, or townhouse, as those terms are defined in section 502C-1, at which care may be provided for one to no more than six children who are unrelated to the caregiver by blood, marriage, or adoption at any given time. [L 1996, c 303, §2; am L 1999, c 242, §§3, 8(2); am L 2001, c 225, §3; am L 2005, c 20, §1; am L 2014, c 210, §1]
