Family child care homes; permitted use in residential areas and agriculturally designated districts
HRS §46-15.35
in effect46-15.35. 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]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0046/HRS_0046-0015_0035.htmFetched: 11/10/2026