HomeMy WebLinkAboutBIL 025 Draft 01 2012-2014 M' •,,,
COUNTY OF HAWAII STATE OF HAWAII
• ,4 OF•Ni
BILL NO. 25
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION,AS AMENDED), RELATING TO
AGRICULTURAL TOURISM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended by amending the definition of"Agricultural
tourism" to read as follows:
'Agricultural tourism" means [ • - • - • •- • . • - - --
ovents designed to promote agricultural activities conducted on a working farm, ranch, or
agricultural products processing facility.] the practice of visiting an agribusiness, horticultural,
aquacultural or agricultural operation, including but not limited to, a farm, orchard, winery,
greenhouse, hunting preserve, an agricultural products processing facility, a companion animal
or livestock show, for the purpose of recreation, education, or active involvement in the
operation, other than as a contractor or employee of the operation."
SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended by adding the following definitions to be
appropriately inserted and to read as follows:
"Value-added agricultural product," means the enhancement or improvement of the
overall value of an agricultural commodity or of an animal or plant product to a higher value.
The enhancement or improvement includes, but is not limited to, marketing, agricultural
processing, transforming, packaging, education presentation, activities, and tours.
"Agricultural products," includes, but is not limited to, crops, fruit,juice, vegetables,
floriculture, herbs, honey, forestry, husbandry, livestock and livestock products (cattle, sheep,
hogs, horses, poultry, milk, eggs, etc.), aquaculture products (fish, fish products, algae/limu,
water plants, and shellfish), and horticultural specialties (nursery stock, ornamental shrubs,
flowers, and Christmas trees).
"Agriculturally related products" means items sold at a farm market to attract customers
and promote the sale of agricultural products. Such items include, but are not limited to, all
agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based
desserts and beverages,jams, gift items, food stuffs, clothing, coffee mugs, tee shirts, and other
items promoting the farm and agriculture in Hawai`i and value-added agricultural products and
production on site.
"Non-agriculturally related products" means those items not connected to farming or the
farm operation, such as novelty tee shirts or other clothing, crafts and knick-knacks imported
from other states or countries, etc.
"Agricultural operation" means any operation producing agricultural products.
"Agriculturally related uses" means those activities that predominantly use agricultural
products, buildings or equipment, such as rodeos, horse or pony rides, plant mazes, barn dances,
sleigh/hay rides, and educational events, such as farming cooking and food preserving classes,
etc.
"Non-agriculturally related uses" means activities that are part of an agricultural tourism
operation's total offerings, but not tied to farming or the farm's buildings, equipment, fields, etc.
Such non-agriculturally related uses include amusement rides, concerts, etc., and are subject to
either special use permits or use permits.
"Farm market/on farm market/roadside stand" means the sale of agricultural products or
value-added agricultural products, directly to the consumer from a site on a working farm or any
agricultural, horticultural, or agribusiness operation on agricultural land.
"Agricultural tourism, major" means an agriculture tourism operation which shall have a
maximum of thirty thousand visitors annually.
"Agricultural tourism, minor" means an agricultural tourism operation which shall have a
maximum of three hundred fifty visitors per week for a total not to exceed fifteen thousand
visitors annually that access the activity via passenger vehicles that carry no more than fifteen
people per vehicle."
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SECTION 3. Chapter 25, article 2, division 7, section 25-2-71 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-2-71. Applicability; plan approval required.
(a) Plan approval shall be required prior to the construction or installation of any new
structure or development or any addition to an existing structure or development in all
districts except in the RS, RA, FA, A and IA districts, and except for the construction
of one single-family dwelling and any accessory buildings per lot.
(b) Plan approval shall be required in all districts prior to the change of the following
uses in existing buildings:
(1) Residential to commercial use;
(2) Warehouse and manufacturing to retail use.
(c) Plan approval shall be required in all applicable districts prior to the construction or
establishment of the following improvements and uses:
(1) Public uses, structures and buildings and community buildings, as permitted
under section 25-4-11.
(2) Telecommunication antennas and towers, as permitted under section 25-4-12.
(3) Temporary real estate offices and model homes, as permitted under section 25-
4-8.
(4) Utility substations, as authorized under section 25-4-11.
(d) Plan approval shall be required in the RA and FA district prior to the construction or
installation of any new structure or development, or of any addition to an existing
structure or development which is to be used for minor agricultural products
processing.
(e) Plan approval shall be required in the A district prior to the development of any trailer
park or major agricultural products processing facility. The director shall determine
whether an agricultural products processing facility shall be considered major or
minor at the time of building permit review, or earlier at the applicant's request.
(f) Plan approval may be required as a condition of approval of any use permit, variance,
or other action relating to a specific use, in which case the use or development so
conditioned may not be established until plan approval has been secured.
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(g) Plan approval shall be required [for the establishment of any] prior to the construction
or installation of any new structure or development, or of any addition to an existing
structure or development which is to be used for major agricultural tourism activity,
as permitted under section 25-4-15(b)."
SECTION 4. Chapter 25, article 2, division 7, section 25-2-75 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-2-75. Plan approval application requirements for major agricultural
tourism.
In addition to the application requirements for plan approval contained in section 25-2-72,
an application for plan approval for major agricultural tourism operations shall include sufficient
information to ensure the following provisions are met:
(1) A statement whether the operation will allow visits by buses;
(2) Adequate off street parking, loading/unloading, and turn-around space to
accommodate all specified tour transportation modes, including buses, if they are
allowed, shall be provided and shown on the site plan;
(3) The subject property must have an existing legal access to a public highway, which
may be via a private road or easement, and new driveways shall meet applicable
county or state standards;
(4) New and existing facilities to be utilized principally for the agricultural tourism
activity shall be clearly indicated on the plot plan [and shall not exceed one thousand
square feet in total area], not including parking and vehicular accesses; and
(5) Proof, acceptable to the director, of income from agricultural activities and/or
agricultural products processing, or investment, as required under section 25-4-
15(d)(1)."
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SECTION 5. Chapter 25, article 2, division 7, section 25-2-76 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-2-76. Action on plan approval application.
(a) The director may issue plan approval subject to conditions or changes in the proposal
which, in the director's opinion, are necessary to carry out and further the purposes of
this chapter and the considerations contained in section 25-2-77.
(b) The director may only issue plan approval for a telecommunication antenna or tower
if the proposed use meets all of the conditions contained in sections 25-2-77 and
25-4-12, and if the applicant provides all verification required under section 25-2-74.
(c) The director may only issue plan approval for a temporary model home or real estate
office if the proposed use meets all of the conditions in section 25-2-77 and 25-4-8.
(d) The director shall render a decision to either approve or deny a plan approval
application[, other than for an agricultural tourism facility,] within thirty days after
acceptance of the application. If the director fails to render a decision within the
thirty-day period, the application shall be considered approved without further
certification by the director. [For an agricultural tourism facility, the department shall
decision to either approve or deny a plan approval application within sixty days after
acceptance of the application. If the director fails to render a decision within the
sixty day period, the application shall be considered approved without further
certification by the director.]"
SECTION 6. Chapter 25, article 4, division 1, section 25-4-15 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-4-15. Agricultural tourism.
(a) Agricultural tourism is permitted as an accessory use to agricultural processing
facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts.
(b) Agricultural tourism is permitted as an accessory use to agricultural activities and
agricultural processing facilities in the A, FA, IA, RA, and APD districts, subject to
plan approval for major agricultural tourism and in conformance with section 25-4-
15(d).
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(c) Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not
conform to section 25-4-15(d) shall obtain a special permit in the state land use
agricultural or rural districts, or a use permit in the state land use urban district.
(d) Agricultural tourism operations shall comply with the following regulations:
(1) [The agricultural activity or agricultural products processing facility] Major
agricultural tourism operations must have a minimum of$10,000 in verifiable
gross sales, exclusive of any income from agricultural tourism activities or any
other non-agricultural activities, for the year preceding the commencement of
the agricultural tourism activity or, in the case of a new agricultural activity or
agricultural products processing facility, provide evidence to the director's
satisfaction that sufficient investment has been made in the planting of crops,
acquisition of livestock, or construction of agricultural products processing
facilities, that the agricultural activity or agricultural processing facility will
achieve the minimum required gross sales;
(2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or
continue past 6:00 p.m. daily;
(3) [The] A minor agricultural tourism operation shall have a maximum of[thirty
thousand visitors annually;] three hundred fifty visitors per week for a total not
to exceed fifteen thousand visitors annually that access the activity via
passenger vehicles that carry no more than fifteen people per vehicle. Major
agricultural tourism operations shall have a maximum of thirty thousand visitors
annually;
(4) All visitor and employee parking, loading/unloading, and vehicular turn-around
areas shall be located off-street;
[(5) The total area of spaces, including covered decks, lanais, tents or canopies, and
principally for the agricultural tourism activity, but not including parking and
vehicular access areas, shall not exceed one thousand square feet;]
[(6) Gross revenues from agricultural4eurism shall net exceed the gross revenues of
the associated agricultural activity and/or agricultural products processing
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agricultural products/processing income is less than fifty percent of the total
than two consecutive years, or, in the case of a new agricultural activity or
agricultural products processing facility, that sufficient investment has been
made so that it is reasonable to project that the operation's gross revenues from
•_ •- , - - - I°. . _ - - . ,
processed by the associated agricultural activity or agricultural processing
facility shall be included in the gross revenues of the associated agricultural
activity or agricultural processing facility;]
R7)](5) Sales of agricultural products grown on the island of Hawai`i, and
processed agricultural products where the main ingredient was grown on the
island of Hawai`i shall be allowed as part of the agricultural tourism operation.
Incidental sales of non-agricultural promotional items, including but not limited
to, coffee mugs, tee shirts, etc., shall be permitted provided:
(A) The items are specifically promotional to the site's agricultural activities
and/or product; and
(B) The gross revenues from the sale of non-agricultural promotional items
shall be included with the gross revenues from the agricultural tourism
activities;
[(8)](6) Agricultural tourism in the A, FA, IA, and RA districts shall not include
weddings, parties, restaurants, schools, catered events, or overnight
accommodations, unless allowed by special permit or use permit; and
[(9)](7) Annual events that promote an agricultural industry or agricultural area,
and organized on a not-for-profit basis, are permitted in the A, FA, IA, RA, and
APD districts without plan approval.
(e) Any agricultural tourism activity that is not in compliance with the regulations under
section 25-4-15(d) or appropriately permitted as provided by section 25-4-15(c) shall
be considered illegal under this chapter, unless otherwise noted herein.
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(f) Any major agricultural tourism activity in the A, IA, FA, RA, or APD districts,
existing prior to the effective date of this section and conforming to the standards
contained in section 25-4-15(d) and that has not received plan approval, may continue•[ . - . - . I I -• .. . . - • . . : - -•
plan approval shall be considered illegal under this chapter.] subject to providing
proof of compliance with this chapter.
(g) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does not
conform to the standards in section 25-4-15(d), and which has not previously received
a special permit or use permit for such activity, may continue such use until May 20,
2010, and, if an application for a special permit or a use permit has been received and
accepted by May 20, 2010, may continue such use until final action has been taken on
the application. After May 20, 2010, or denial of the application, whichever occurs
later, continued use shall be considered illegal under this chapter.
(h) Any agricultural tourism activity that is currently operated under a special permit may
continue to operate under the terms and conditions of the special permit, or apply to
void the special permit and, if the permit is voided, operate under the standards of
section 25-4-15(d).
(i) An agricultural tourism activity that [obtains plan approval, but] becomes non-
compliant with the standards of section 25-4-15(d) because of an increase in the
number of visitors, shall apply for plan approval or a special permit, but may continue
to operate until a final decision is made on the plan approval or special permit
application.
(j) An agricultural tourism activity [which has received plan approval] shall submit
financial records to the director on request to verify compliance and shall maintain a
count of visitors which shall be furnished to the director on request.
(k) The director may use observations of visitor arrivals, including bus traffic, in
estimating whether an agricultural tourism activity complies with section 25-4-
15(d)(3), and may require that an activity [allowed with] be required to obtain plan
approval or apply for a special permit based on such observations. In that case, the
activity may continue until a final decision is made on the plan approval or special
permit."
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SECTION 7. 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 8. If any provision of this ordinance, or the application thereof to any person or
circumstance, is held invalid, such invalidity shall 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 9. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Conn►., 7 3
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