HomeMy WebLinkAboutBIL 148 Draft 01 2004-2006 BILL NO. 14s
OIiI~INt~NCE NO. _
AN ORDINP.NCE AMENI3ING CI-IAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CGDE RELATED TO AGRICULTURAL TOURISM.
BE IT ORDAINED EY THE COUNCIL, QF THE COUNTY OF HAWAII:
SECTION 1. Purpose and Findings. The Council finds that the Zoning Cody does not
specifically address the permissibility of agricultural tourism or its impacts in the various zoning
districts. Following the demise of the sugar plantations and mills a more di-versifie€i agricultural
base consisting of smaller agribusiness and family operated farms, ranches, and agricultural
products processing facilities is evolving in the County of Hawaii. These o~eratior~ are offering
a wide variety of specialized products, produce and exotic flowers via local vending
opportunities as well as through regional, national, and international wholesale distrributors and
the Internet.
The visitor industry, or tourism, continues to grow as a major eleme;.nt in the economy of
I-Iawaii County. With this growth in the visitor industry comes an increased markot for tours
showcasing the uniqueness of farming, ranching and agricultural products ~rocessixag in Hawaii.
A viable inventory of agricultural tourism operations in the County of Hawaii broadens the range
of interests within the County attracting additional and returning visitors.
A wide scale of agricultural tourism activities already exists on the :island of Hawaii,
sometimes resulting in an adverse impact an surrounding properties and resources. The failure to
define and regulate agricultural tourism in Hawaii County has already resullted in complaints
from surrounding property owners and residents due to excessive noise and unsafe traffic
conditions.
The Council, in recognition of agricultural tourism as a viable element of the visitor
industry and as an expanding alternate income resource for local farmers and ranchers, finds it
necessary and appropriate to define agricultural tourism and to establish guidelines to manage its
impacts in a manner consistent with the social, environmental, physical, and economic goals and
policies of the General Plan for the County of Hawaii.
SECTION 2. Chapter 25 (Zoning Code) of the Hawaii County Code, is amended as
follows:
The following definitions arc added and renumbering of the definitions following each addition
as necessary.
Section 25-1-5(b). Definitions.
(4) "A~ricultural activities" means income producing activities or uses as characterized by
the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruitst
forage,
and timber; and farming or ranching activities or uses related to animal husbandry
aquaculture, or dame and fish propa atg ion•
(7) "A~ricultural Tourism" means visitor-related commercial activities or periodic special
events desi ng ed to promote agricultural activities being-conducted on a working farm, ranch
or agricultural products processing facility
The following sections are added:
Section 25-2-71. Applicability; plan approval required.
(g) Plan. approval shall'oe required for the establishment of any agricultural tourism activity
as permitted under section 25-4-15(b).
Sectioa~ 25-2-75. flan apt~roval application re uireynents for agricultural tourisan.
In addition to the application requirements for plan approval contained in section
25-2-72 an application for plan approval for agricultural tourism operations shall include
sufficient information to ensure the following_provisions are met:
(1) Adequate off street parking, loading/unloading, and turn-around space to accommodate
all specified tour transportation modes shall be provided and shown on the site plan;
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(2) The subject property must have an existing le a~ 1 access to a public highway and
driveways shall meet ap lp icablc county or state standards•
(3) New and existing facilities to be utilized principally for the agricultural tourism activiy
shall be clew indicated on the plot plan and shall not exceed 1,000 square feet in total
areal and
(4) Proof, acceptable to the Director, of income from agricultural activities andlor
a ricultural products processing as required under section 25-4-15(d)(1).
Bracketed portions of the following sections are deleted and the underlined portions are added.
Section 25-2-[75]76. t~ction oar 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-(76]77.
(b) The director may only issue plan approval for a bed and breakfast establishment if the
proposed use meets all of the conditions contained in sections 25-2-[76]77 and 25-4-7,
and if the operator of the bed and breakfast establishment provides all verification
required under section 25-2-73.
(c) 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-[76]77 and
25-4-12, and if the applicant provides all verification required under section 25-2-7~.
(d) 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-[76[77 and 25-4-8.
Section 25-2-[76]77. l~cview criteria and conditions of approval.
Section 25-2-[77]78. Construction in conformity dvitlz plan approval.
Section 25-2-[78]79. Afapeal of a plan approval decision.
The following section is added:
Section 25-4-15. r~~racealtural tourism
(a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities
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in the CG, CDI~, CV, CN~ML, MG and MCX districts.
(b) Agricultural tourism is permitted as an accessory use to agricultural activities and
agricultural processingfacilities in the A, FA IA RA and APD districts subject to plan
approval and in conformance with sec. 25-4-15(d).
(c) Agricultural tourism activities in A, FA, IA RA and APD districts that do not conform
to sec. 25-4-15(d) shall require 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 com~lYwith the following regulations:
(1) The agricultural. activity or agricultural products processin facilitymust have a
minimum of $10,000.00 in verifiable gross sales, exclusive of any income from
agricultural tourism activities or any other non-agricultural activities, for the wear
precedin tg_he commencement of the agricultural tourism activity or, in the case of a
new agricultural activity or ~g
ricultural products processing facility, provide
evidence to the Planning Director's satisfaction that a verifiable 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 gloss sales;
(2) A 'cultural tourism activities shall not commence prior to 8:00 AM or continue
past 6:00 PM daily;
(3) The a cultural tourism operation shall have a maximum of 30,000 visitors
annually;
(4) All visitor and em~loyec parking, loadin unloading, and vehicular turnaround
areas shall be located off street;
(5) The total area of spaces, including covered decks, lanais, tents or canopies, and
gazeboes whether newly constructed or within existing structures, to be utilized
principally for the agricultural tourism activity shall not exceed 1,000 square feet;
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(6) Gross revenues from agricultural tourism activities shall not exceed 50% of the
gross revenues, including those from adjacent parcels under the same ownership of
the subject agricultural activity and/or agricultural products processing facility
except where it can be demonstrated to the Director's satisfaction that the gross
a~icultural products/processing.income is less than 50% of the total income due to
unforeseen environmental or economic conditions for not more than two (2)
consecutive years;
(7) Incidental sales ofnon-agricultural promotional items, including but not limited to
coffee mugs, tee shirts, etc., shall be permitted provided:
(A) The items are specifically~romotional to the site's a~icultural activities
and/or products.
(B} The gross. revenues from the sale ofnon-agricultural promotional items shall
be included with the gross revenues from the agricultural tourism activities.
(8) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddinQS,
parties, restaurantsLschools.~catered events, or overnight accommodations, unless
allowed ~ special permit;
(9) Annual events that promote an agricultural industry or agricultural area, and
organized on arot-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 b~Section 25-4-15(c) shall be
considered illegal under this chapter, unless otherwise noted herein.
(f) Any 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 mawcontinue such use for twelve (12)
months following the effective date of this ordinance. After this date, continued use
without having received flan approval shall be considered illegal under this chapter.
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(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(d1, and which has not previously received a
special hermit or use permit for such activity, mater continue such use for 12 months
following the effective date of this ordinance, and, if an ap lication for a special permit or
a use permit has been filed, may continue such use until final action has been taken on the
application. After twelve months from approval of this ordinance, or denial of the
application, 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 sec. 25-4-
15d.
The permitted uses for the following sections are amended by the addition of "Agricultural
tourism" and the renumbering of those permitted uses following each addition:
Section 25-5-52. Y~ergnitt~c! uses.
(a) The following uses shall be permitted in the RA district:
(3) Agricultural tourism as permitted under section 25-4-15.
Section 25-5-62. Permitted1 uses.
(a) The following uses shall be permitted in the FA district:
(2) Agricultural tourism as permitted under section 25-4-15.
Section 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A district:
(3) Agricultural tourism as permitted under section 25-4-15.
Section 25-5-82. Permitted uses.
(a) The following uses shall be permitted in the IA. district:
(3) Agricult ral tourism as permitted under section 25-4-15.
SECTION 3. In the event that any portion of the ordinance is declared invalid, such
invalidity shall nat affect other parts of this ordinance.
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SECTION 4. This ordinance shall take effect upon its approval.
Introduced b
COUNCI EMBER, NTY O HAWAI`i
Introduced hy:
COUNCIL M ER. COUNTY O AWAI`I
I lifo. Hawaii
Date of Introduction:
Date of lst Reading:
Date of 2nd Reading:
Effective Date:
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