2017-01-05 Hearing Transcript - County Council Bill 227 Draft 2

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In 2008, the Hawaii County Council adopted Ordinance 08-155. This ordinance was created to define and regulate agricultural tourism in Hawaii County in response to the Hawaii Revised Statutes, Sections 205-2, Subsection 11 and 205-4.5, Subsection 13, which both state the following. Agricultural tourism conducted on a working farm, or a farming operation as defined in Section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under Section 205-5. Emphasis added. My understanding is Hawaii County is the only county that has adopted an ordinance, so currently agricultural tourism is, should be only permitted in Hawaii County. [Section] 205-5 states the following. Within agricultural districts, uses compatible to the activities described in Section 205-2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in Sections 205-2 and 205-4.5 may be further defined by each county by zoning ordinance. This is, this next section applies to ag tourism. Each county shall adopt ordinances setting forth procedures and requirements, including provisions for enforcement, penalties, and administrative oversight, for the review and permitting of agricultural tourism uses and activities as an accessory use on a working farm, or farming operation as defined in Section 165-2. These additional provisions that need to be included in the ordinance are the following. They need to have requirements for access to a farm including road width, road surface, and parking. Requirements and restrictions of accessory facilities connected with the farming operation, including gift shops and restaurants. Activities that may be offered by the farming operation for visitors. Days and hours of operation, and automatic termination of accessory use upon the cessation of the farming operation. So, this Ordinance 08-155 was—was adopted in 2008 by the Hawaii County Council. It is within our Zoning Code under Section 25-4-15 relating to agricultural tourism. In 2009, there was a minor change that occurred to the ordinance, and this was Ordinance 09- 143, and the purpose of that was to extend the amnesty period for unpermitted agricultural operations included in Ordinance 08-155 from November 20, 2009 to May 30, 2010. In 2012, our Planning Director initiated an amendment to the Zoning Code relating to agricultural tourism. The Planning Director's proposed amendment was presented before the Windward and Leeward Planning Commissions, who both forwarded a favorable recommendation to the Hawaii County Council. Council Member Pete Hoffman introduced Bill 266, Draft 1 in 2012. Over the course of about one year, Bill 266 went through five different drafts. And then at Bill 266, Draft 5 is included within your Background as Exhibit No. 4. This particular bill introduced the terms minor and major agricultural tourism. So, that term is used quite frequently although it's never been adopted. 2 EXHIBIT C