HomeMy WebLinkAboutBIL 148 Draft 02 2004-2006 M<V os
COUNTY OF HAWAII ~ • STATE OF HAWAII
'~'e:'w~
BILL NO. 148
Draft 2
ORDINANCE NO.
AN ORDINANCE AMENDINU CHAP"I'ER 25 ('CONING CODI?) OF "I'HE HAWAII
COUNTY CODF. RELATED TO AGRICULTURAL, TOUKISM.
BF, [T ORDAINED BY THh: COUNCIL OF "fHE COUNTY OE IIAWAI`I:
SEC'I~ION I. Purpose and Findings. The Council finds that the zoning code 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 diversified agricultural
base consisting of smaller agribusiness and family operated farms, ranches, and agricultural
products processing facilities is evolving in the County of }lawai'i. These operations 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 distributors and
the Internet.
The visitor industry, or tourism. continues to grow as a major element in the economy of
Hawaii County. With this growth in the visitor industry comes an increased market for tours
showcasing the uniqueness of farming, ranching and agricultural products processing 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 I~lawai'i,
sometimes resulting in au adverse impact on surrounding propcriies and resources- '(~he failure
to define and regulate agricultw~al tourism in Hawaii County has already resulted in complaints
from surrounding property owners and residents due to excessive noise and unsafe traffic
conditions.
~fhe Council, in recognition of agricultural tourism as a viable element of the visitor
industry and as an expanding alternate income resource for local larmers 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, em~ironmental, physical, and economic goals and
policies of the General Plan for the County of Hawaii.
SECTION 2. Chapter ?5, article 1, subsection 25-1-5(b), Hawai`i County Code 1983 (June
2005 Editiou), relating to delnitions, is amended by adding the following new definitions to be
appropriately inserted and to read as follows:
""Agricuhural activities" means income producing activities or uses as characterized by
the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forme,
and timber; and farming or ranchin}~etivities or uses related to animal husbandry, aguaculture.
or game and tish propa ration;
"'`Agricultural tourism" means visitor-related commercial activities or periodic special
events designed to promote agricultural activities being conducted on a working farm, ranch, or
agricultural products processing facility."
SECTION 3. Chapter 25, article 2, division 7, section 25-Z-71, Hawaii County Code 1983
(June 2005 Edition), 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.
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(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) Bed and breakfast establishments as permitted under section 25-4-7.
(2) Public uses. structures and buildings and community buildings, as permitted
under section 25-4-I 1.
(3) 'I~elecommunication antennas and towers, as permitted under section 25-4-12.
(4) "Cemporarp real estate offices and model homes, as permitted under section
25-4-H.
(5) Utility substations, as authorized under section 25-4-1 1.
(d) Plan approval shall be required in the RA and Pn 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) flan approval shall be required in the A district prior to the development of any trailer
park.
(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 he established until plan approval has been secured.
(al Plan approval shall be required for the establishment of any agricultural tourism
activity, as permitted under section 25-4-1 Sib)."
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SEC"LION 4. Chapter Z5. article 2, division 7, Hawaii County Code 1983 (June 2005
Edition). is amended by adding a new section to be designated section 25-2-75 and to read as
follows:
"Section 25-2-75. Plan approval application requirements for agricultural tourism.
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:
Adequate off street parkin l~ oadinQ/unloading and turn-around space to
accommodate all s ecifled tour transportation modes shall be provided and shown on
the site plan:
The subject property must have an existing legal access to a public highway, and
driveways shall meet applicable Bounty or state standards;
~L_ New and existing laciliUes 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 and
(4) Proof, acceptable to,the director, of income from agricultural activities and/or
akricultural products processing as required under section 25-4-15(d)(1)."
SEC"ETON 5. Chapter 25, article 2, division 7, section 2~-2-75, [Jawai'i County Code 1983
(.tune 2005 Edition), is renwnberod and amended to read as follows:
"Section 25-2-~~5] 76. Action on plan approval application.
(a) ~fhe director may issue plan approval subject to conditions or changes in the proposal
whidi, 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-[fib] 77.
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(b) The director ma} only issue plan approval for a bed and breakfast establishment if the
proposed use meets all of the conditions contained in sections 25-2-~~k~ 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-[~~ 77 and 25-4-12,
and if the applicant provides all verification required under section 25-2-74.
(d) 'The director may only issue plan approval for a temporary model home or real estate
ot~ice if the proposed use meets all of the conditions in section 25-2-[~] 77 and 25-4-8.
(e) The director shall render a decision to either approve or deny a plan approval
application within thirty days after acceptance of the application. If the director fails to render a
decision within the thirty-day period, the application shall he considered approved without
further certification by the director."
SECTION 6. Chapter 25, article 2, division 7, section 25-2-76, Hawaii County Code 1983
(June 2005 Edition), is amended by renumbering its title to read as follows:
"Section 25-2-~~6~ 77. Review criteria and conditions of approval."
SEC7~ION 7. Chapter 25, article 2, division 7, section 25-2-77, Hawaii County Code 1983
(June 2005 Edition), is amended by renumbering its title to read as follows:
"Section 25-2-[~~ 78. Construction in conformity with plan approval."
SECTION S. Chapter 25. article 2, division 7, section 25-2-78, Hawaii County Code 1983
(June 2005 Edition), is amended by renumbering its title to read as follows:
"Section 25-2-~~5~ 79. Appeal of a plan approval decision.'
SEC"I~[ON 9. Chapter Z5, article 4, division 1, Hawaii County Code 1983 (June 2005
Edition). is amended by adding a new section to be designated section 25-4-15 and to read as
follows:
"Section 25-4-15. A¢ricultural tourism.
ja) 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~ermitted as an accessore_use to agricultural activities and
agricultural processin~aeilities in the A, EA, IA, RA, and APD districts, subject to plan
approval and in conformance with section 25-4-15(d).
(c) Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not
conform to scction 25-4- I5(d) shall require a special permit in the state land use agricultural or
rural districts, or a usepermit in the state land use urban district.
Agricultural tourism operations shall comply wi(h the followin€; regulations:
(I) The agricultural activity or agricultural products processing facility must have a
minimum of $10,000 in verifiable gross sales, exclusive of any income tiom
agricultural tourism activities or an o~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 a verifiable investment has
been made in the planting of crops acquisition of livestock, or construction of
a orb icultural uroducts processing facilities, that the agricultural activity or
agricultural processing facility will achieve the minimum required gross sales;
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12) Agricultural towism activities shall not commence prior to 8:00 a.m. or
continue past 6:U0 p.m. daily;
(3) 'fhe agricultural tourism operation shall have a maximum of thirtythousand
visitors annually;
(4) All visitor and employee parking, loading/unloading, and vehicular turn-around
areas shall be located off-street;
(5) 'fhe total area of spaces, including covered decks, lanais, tents or canopies, and
gazebos, whether newlyconstructed or within existing structures, to be utilized
principally for the agricultural tourism activity shall not exceed one thousand
square feet'
(6) Uross revenues from agricultural tourism activities shall not exceed fifty percent
of the gross revenues, including those from adjacent parcels under the same
ownership. of the subject agricultural activity andlor agricultural products
processing facility, except where it can be demonstrated to the director's
satisfaction that the gross agricultural products/processing income is less than
fifty percent of the total income due to unforeseen environmental or economic
conditions for not more than two consecutive year~~
(7) Incidental sales ofnon-agricultural promotional items, including but not limited
to, coffee mugs, tee shirts, etc., shall be permitted provided:
(~1) "fhe items arc speciYically promotional to the site's agricultural activities
and/or product; and
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(B) The gross revenues from the sale ofnon-agricultural promotional items
shall be included with the gross revenues from the agricultural tourism
activi~i
(8) Agricultural tourism in the A, FA, IA, and IZA districts shall not include
weddingyparties, restaurants, schools, catered events, or overnight
accommodations unless allowed byspecialpermit; and
(9) Annual events that promote an agricultural industry or agricultural area, and
organized on a not-tor-profit basis, are permitted in the A, FA. IA, RA, and
APD districts without plan approval.
~ Any agricultural tourism activity that is not in compliance with the regulations under
section 25-4-15(d) or appropriatelypermitted as provided by section 25-4-15(c) shall be
considered illegal under this chapter, unless otherwise noted herein.
Any agricultural tourism activity in the A, [A, 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 ma~ontimie such use for twelve months
following the effective date of this ordinance. Atter this date, continued use without having
received plan approval shall he considered illegal under this chanter.
(g) Any agricultural tourism activity in the A, IA, 1?A RA, or APll districts, that does not
conform to the standards in section 25-4-15id), and which has not previously received a special
permit or use permit for such activi~ may continue such use for twelve months following the
effective date of this ordinance, and, if an application for a special permit or a use permit has
been filed, may continue such use until final action has been taken on the application. Alter
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twelve months from approval of this ordinance, or denial of the application, continued use shall
he 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 hermit is voided, operate under the standards of section 25-4-IS(d)."
SEC~I~[ON 10. Chapter 25, article 5, division 5. subsection 25-5-52(a), Hawaii County
Code 1983 (June 2005 Edition), relating to permitted uses iu residential and agricultural districts
(RA districts), is amended to read as follows:
`(a) 'fhe following uses shall be permitted in the RA district:
(1) Adult day care homes.
(2) Agricultural products processing, minor, provided that the site or buildings
used for such processing, shall be located at least seventy-five feet from
any street bounding the building site.
Agricultw~al tourism as permitted under section 25-4-15.
~(3jJ ~ Animal hospitals.
[(-0-~] ~ Aquuculture.
~ Botanical gardens, nurseries and greenhouses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses dealing with
the growing of plants.
~ Cemeteries and mausoleums, as permitted under chapter 6, article 1 of
this Code.
~ Crop production.
~ Dwelling. single-family, one per building site.
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~ Family child care homes.
~{-1-~}} ~ Group living facilities.
~(-F~} ~ Kennels, provided that the building site is a minimum of five acres in
area and the structures are located at (east one hundred feet away from any lot
line.
~(-1~}} ~ l,ivcstock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house,
hutch, or other enclosure for the keeping of any permitted animal shall
be located at least seventy-five feet from any lot line.
~(-13}} ~ Parks, playgrounds. tennis courts, swimming pools, and other similar
open area recreational facilities.
~(-Y4}} ~ Public uses and structures, as permitted under section 25-4-I 1.
[(-1 ~ [Zoadside stands for the sale of agricultural products grown on the
premises.
~(-}E>)} ~ Stables, commercial or boarding, provided that the building site is a
minimum of five acres in area and the structures are located at least one
hundred feet away from any lot line.
~ "Telecommunications antennas, as permitted under section 25-4-12.
[(-fS}} ~ Utility substations, as permitted under section 25-4-11.
~(-1-~1)} ~ Veterinary establishments."
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SF,CTION 1 L Chapter 25, article 5, division 6, subsection 25-5-62(a). Hawaii
County Code 1983 (June 2005 l:dilion), relating to permitted uses in family agricultural districts
(FA districts), is amended to read as follows:
"(a) 'Che follo~~ng uses shall be permitted in FA districts:
(I) Agricultw~al products processing, minor, provided that the area or buildings
used for such processing, shall be located at least seventy-five feet from any
street.
A~ricuhura] tourism as permitted under section 25-4-15.
~(~}J ~ Animal hospitals.
~ Aquaculture.
~ f4-j] ~ 6otanica] gardens, nurseries and greenhouses, seed farms, plant
experimental stations. arboretums, tloriculture, and similar uses dealing with
the growing of plants.
~ Campgrounds, parks, playgrounds, tennis courts, swimming pools, and
other similar open area recreational facilities. where none of the recreational
leatures arc entirely enclosed in a building.
[(~-C:~-^-~~~~ (7) Cemeteries and mausoleums, as permitted under
chapter 6. article 1 of this Code.
L\~ r,,....~'iy'-"'m^--r-~^ii~,v.,,
...,.~~"m",R,"Ty~;n,:
•.zt~~r-"m^,a~",.H.....,,.. ~ .,...:,.~o ~ ,.f
~~"a.rro-c~ u~~ ~(.rOp pl'OdUCtIOn.
[($j~ ~ Dwe{ling, single-family, as permitted under chapter 205, Hawaii
Revised Statutes and as permitted under section 25-5-67(b).
Farm dwellings, as permitted under section 25-5-67(b) and (c).
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~(-~9j] ~ Game and fish propagation.
~ Group living facilities.
~ Kennels.
~(a 3)] ~ Livestock, graying; provided that any teed or water area, salt lick, corral,
run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any
permitted animals shall he located at least seventy-five feet from any lot line.
~(~4~] ~ Public uses and structures, necessary for agricultural practices.
16 Retention, restoration, rehabilitation, or improvement of buildings or
sites of historic or scenic interest.
~(a~] ~ Riding academies, and rental or boarding stables.
~(-1-~j] ~ Roadside stands for the sale of agricultural products grown on the
premises.
~{-I~] ~ Telecommunications antennas, as permitted under section 25-4-12.
[(~-9j~ ~ Utility substations, as permitted under section 25-4-1 1.
~(~9j~ ~ Vehicle and equipment storage areas that are directly accessory to
aquaculturc, crop production, game and fish propagation, and livestock
grazing.
[(~-1-j~ ~ Veterinary establishments."
SECTION 12. Chapter 25, article 5, division 7, subsection 25-5-72(a), Hawaii County
Gode 1983 (June 2005 Gdilion), relating to permitted uses in agricultural districts (~1 districts), is
amended to read as follows:
"(a) The following uses shall be pcnnitted in the t1 district:
(I) agricultural parks.
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(2) Agricultural products processing, major and minor.
A n~ cultural tourism as permitted under section 25-4-15.
~(3)~ ~ Animal hospitals.
~ f4-3] ~ Aquaculture.
~(3~~ ~ Botanical gardens, nurseries and greenhouses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses dealing with
the growing of plants.
~ Campgrounds, parks, playgrounds, tennis courts, swimming pools, and
other similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
~ Cemeteries and mausoleums, as permitted ender [EkagterJ chapter 6,
article 1 of this Code.
~ Crop production.
~ Dwelling, single-family, as permitted under chapter 20>, Hawai`i
Revised Statutes and as permitted under section 25-5-77(b).
~(~9j] ~ Farm dwellings, as permitted under section 25-5-77(b) and (c).
~(-1-~j~ ~ Fertilizer yards utilizing only manure and soil, for commercial use.
~(-F~j~ ~ Forestry.
~(-F3~] ~ Uame and fish propagation.
[(~-4j~ ~ Group living facilities.
~(~J ~ Kennels.
[{-}F~~ ~ Livestock production, provided that piggeries, apiaries, and pen feeding
of livestock shall only be located on sites approved by the State department of
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health and the director, and must be located no closer than one thousand feet
away from any major public street or from any other zoning district.
~ Public uses and structures which are necessary for agricultural practices.
[¢-1-$-}] ~19~ Retention, restoration, rehabilitation, or improvement of building or sites
of historic or scenic interest.
[~3-}] ~ Riding academies, and rental or boarding stables.
[(~8~] ~ Roadside stands for the sale of agricultural products grown on the
premises.
~ Telecommunication antennas, as permitted under section 25-4-12.
2 Utility substations, as permitted under section 25-4-11.
~ Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fi h propagation, livestock grazing
and livestock production.
~ Veterinary establishments.
[~S}] ~ Wind energy facilities."
SECTION 13. Chapter 25, article 5, division 8, subsection 2Sr5-82(a), Hawaii County
Code 1983 (June 2005 Edition), relating to uses permitted within intensive agricultural districts
(IA districts), is amended to read as follows:
"(a) The following uses shall be permitted in the IA district:
(1) Agricultural parks.
(2) Agriculture] products processing, major ;und minor.
Ag_ricultu~-a1 tourism as permitted under. section 25-4-15.
[~3-}] ~ Aquaculture.
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~ Cemeteries, as permitted under chapter 6, article 1 of this Code.
~ Crop production.
~ Farn-~ dwellings, as permitted under sections 25-5-87(b) and (c).
~ Forestry.
~ Livestock production, provided that piggeries, apiaries and pen feeding
of livestock shall not be closer than one thousand feet to any major road or to
any district other than the A district on building sites approved by the State
department of health and the director.
[{-9~] 10 Public uses and structures which arc necessary for agricultural practices.
[¢~8~] ~ Telecommunication antennas, as permitted under section 25-4-12.
~ Utility substations, as permitted under section 25-4-1 l."
SECTION 14. 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 l 5. In the event that any portion of the ordinance is declared invalid, such
invalidity shall not affect other parts of this ordinance.
SECTION 16. This ordinance shall take effect upon its approval.
~I,ntroa ce~d'~y:
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COUNCIL BER, T ~I
G:~
O CIL M~ R, COUNTY O~~ AWAI`I
Hilo, I-Iawai`i
Date of Introduction:
Date of lst Reading:
Date of 2nd Reading:
Effective Date:
R£~Ei~~~J~,.~: ~'oir,r~~. ........4:26...22.... 15