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HomeMy WebLinkAboutCOM 0863.004 2006-2008AarrS Kim Mayor (~trixix#g n# ~rxfvrxii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawau 96720-0224 (808)961-8288 • FAX(808) 961-8742 October 20, 2008 Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL 333 Kilauea Avenue, Second Floor Hilo, HI 96720 Dear Chair Hoffmann and Members of the County Council: Christopher J• Yuen Director Brad Kurokawa, ASLA LEEK AP Deputy Director r.~ ~, _~ .~~ ~~ - ; ~ • r _ ,~ l ~~ -~-. _ -n t - -' ''~ ~. I ^~ +~: _. ~ SUBJECT: BILL 148 -AGRICULTURAL TOURISM, PROPOSED DRAFT 3 After the Planning Department's letter of Oct. 16, 2008 was sent to Council (Comm. No. 863.2), Jon Henricks of the Legislative Research Bureau reviewed Bill 148, proposed Draft 3, and made a few technical corrections. The new bill is attached to this letter and we would ask that the version of Bill 148, Draft 3, attached to this letter, be the amended version, rather than the version attached to Comm. 863.2. Mr. Henricks also assisted in preparing the remainder of this letter, which shows the changes iri the proposed Draft 3 from Draft 2. There are two types of proposed amendments to Bill 148, Draft 2: (1) amendments that need to be made to bring this bill into accord with the current language of the pertinent sections of chapter 25, as certain sections have been amended since Bill 148, Draft 2, was last considered by the council; and (2) amendments to improve the substance and form of the bill. The proposed amendments are as follows, illustrated via Ramseyer format with respect to the contents of Bill 148, Draft 2, rather than the County Code: 1., Each instance of prefatory language is amended to reflect the current edition of the Code, rather than the "June 2005 Edition" that Bill 148, Draft 2 refers to. The reference to the proper edition of the code is amended to read as follows: "[3utle] 2005 Edition, as amended)" Comm. N~ 4 ~ 3 Ref. To: er»~ uMli Hawaii County is an Pyual Opportunity Provider and Employer. Ref. Dat~2 2 2~ Honorable Pete Hoffrnann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 2 October 2Q 2008 2. The first paragraph of SECTION 1, Purpose and Findings, is amended by adding three commas, to read as follows: "SECTION 1. 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 Hawaii. 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." Section 25-2-71(a), within SECTION 3 of the bill, is amended to reflect the current language of the County Code, to read as follows: "(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 accessory dwelling per lot." 4. Section 25-2-71(e), within SECTION 3 of the bill, is amended to reflect the current language ofthe County Code, to read as follows: "(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 a~-icultural products processing facility shall be considered maior or minor at the time of building permit review, or earlier at the applicant's request." 5. SECTION 4 of the bill, which proposes to add a new section 25-2-75 to the County Code, is amended to read as follows: "Section 25-2-75. Plan approval application requirements for agricultural tourism. Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 3 October 20, 2008 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) A statement whether the operation will allow visits by buses; [(I-}]~2)Adequate off street parking, loading/unloading, and turn-azound 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 maybe 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 squaze feet in total azea[;], not including parking and vehicular accesses; and [~~1(S1Proof, 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)." 6. SECTION 5, which amends the current section 25-2-75 of the County Code to be renumbered as section 25-2-76, is further amended by amending section 25-2-75(b), to read as follows: "(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-[~6] 77 and 25-4-7_r ....a :r«t.,. ,...~_..«,._ ,.r «t.,, z,,.a ,....t hrr:;,r~,.. e,.«,.t.t:,.t,.,,e.,« .. .:,te....n . «:a,..,«:,... _ ,...:_,.a .....a,. ~c ~~]» SECTION 5, which amends the current section 25-2-75 of the County Code to be renumbered as section 25-2-76, is further amended by amending section 25-2-75(e), to read as follows: "(e) The director shal] render a decision to either approve or deny a plan approval application, other than for an agricultural tourism Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 4 October 20, 2008 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 conduct a site inspection prior to issuing plan approval, and the director shall render a 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." 8. SECTION 9, which adds a section 25-4-15, Agricultural tourism, is amended by amending section 25-4-15(d), to read as follows: "(d) Agricultural tourism operations shall comply with the following regulations: (1) The agricultural activity or agricultural products processing facility 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 agricultural tourism operation 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; Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 5 October 2Q 2008 (5) The total area of spaces, including covered decks, lanais, tents or canopies, and gazebos, whether newly constructed or within existing structures, to be utilized principally for the agricultural tourism activity, but not including_parkinQ and vehicular access areas, shall not exceed one thousand square feet; (6) Gross revenues from agricultural tourism [°~] shall not exceed [r'~~~ the gross revenues[;] of the associated agricultural activity and/or agricultural products processing facility, including [these] revenues from adjacent parcels under the same ownership, [e€~ke-suhjesE n..«: n..14.,«nl nn4:.,:4., n.,A /..« n...-; n.. i4..«nl ««.. A.. nhn ««,.nnnn:«.. €aei~rEy] 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 years[;], or, in the case of a new agricultural activit~aericultural products processing facility, that sufficient investment has been made so that it is reasonable to project that the operation's gross revenues from agricultural tourism will not exceed 50% of gross revenues, and provided further, that the sale of all items which include agricultural products grown or processed by the associated agricultural activity or agricultural processing facility shall be included in the Bross revenues of the associated agricultural activity or agricultural processing facility: (7) Sales of agricultural products grown on the island of Hawaii, and processed agricultural products where the main ingredient was grown on the island of Hawaii shall be allowed as part of the agricultural tourism operation. 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 promotional to the site's agricultural activities and/or product; and Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 6 October 20, 2008 (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 weddings, parties, restaurants, schools, catered events, or overnight accommodations, unless allowed by special permit or use Hermit; and (9) Annual events that promote an agricultural industry or agricultural area, and organized on anot-for-profit basis, are permitted in the A, FA, IA, RA, and APD districts without plan approval." 9. SECTION 9, which adds a section 25-4-15, Agricultural tourism, is amended by amending section 25-4-15(f), to read as follows: "(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, may continue such use for twelve months following the effective date of this ordinance. After this date, continued use without having received plan approval shall be considered illegal under this chapter." 10. SECTION 9, which adds a section 25-4-15, Agricultural tourism, is amended by amending section 25-4-15(g), to read as follows: "(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 for twelve months following the effective date of this ordinance, and, if an application for a special permit or a use permit has been [€rled;] received and accented within the twelve month Heriod, 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, whichever occurs later, continued use shall be considered illegal under this chapter." Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 7 October 20, 2008 11. SECTION 9, which adds a section 25-4-15, Agricultural tourism, is amended by adding subsections (i) through (k), to read as follows: "(i) An agricultural tourism activity that obtains plan approval, but becomes non-compliant with the standards of sec. 25-4-15(dl because of an increase in the number of visitors, shall apply for a special Hermit, but may continue to overate until a final decision is made on the special permit apylication. (j) An agricultural tourism activity which has received plan approval shall submit financial records to the director on reouest 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 amvals, including bus traffic, in estimating whether an agricultural tourism activity complies with sec. 25-4-15(d)(3), and may require that an activity allowed with plan approval apply for a special Hermit based on such observations. In that case, the activity may continue until a final decision is made on the special Hermit." 12. Bill 148, Draft 2, is amended by adding a new SECTION 10, to amend subsection 25- 4-51(a), relating to Required number of parking spaces, to read as follows: "SECTION 10. Chapter 25, article 4, division 5, subsection 25-4-51(al Hawaii County Code 1983 (2005 Edition, as amended), relating to required number of parking spaces, is amended to read as follows: "(a) The number of parking spaces for each use shall be as follows: (1) Agricultural tourism: one for each three hundred square feet of gross floor area used principally for the agricultural tourism activity, but not fewer than three spaces, plus bus parking if buses are allowed. fH-~l (2) Bed and Breakfast establishments: one for each guest bedroom, in addition to one for the dwelling unit. [(~11 (3) Bowline alleys: four for each alley. Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 8 October 20, 2008 f(~l (4) Commercial uses, including retail and office uses in RCX, CN, CG, CV, MCX, V, RA, FA, A and IA districts: one for each three hundred square feet of gross floor area. fF4)1 (5) Day care centers: one for each ten care recipients of design capacity or one for every two hundred square feet of Bross floor azea, whichever is greater. f(~)1 (6) Dwellings, multiple-family: one and one quarter for each unit. [F~)1 (7) Dwellings, single-family and double-family or duplex: two for each dwelling unit. (8) Funeral homes and mortuaries: one for each seventy-five square feet of Bross floor azea. fFB~I (9) Golf courses: four for every hole. fF9)1 (10) Hospitals: one for each bed. [(~9)](11)Hotels and lodges: (A) For hotel guest units without a kitchen, one for every three units (B) For hotel guest units with a kitchen, one and one quarter for each unit. f(~1)1(12) Industrial uses in ML. MG, MCX, RA, FA, A and IA districts: one for each four hundred square feet of gross floor azea. fH~l(13) Laundromats, cleaners (coin operated): one for ever} four machines. f(~)1(14) Major outdoor amusement and recreation facilities: one for each two hundred square feet of gross floor area within enclosed bui]dings, plus one for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. f(-I-4al(15) Meeting facilities, including churches: one for each seventy-five square feet of gross floor area. f(-1-51(16) Nursing homes, convalescent homes, rest homes and homes for the elderly: one for every two beds. j(~6](17) Parks: as determined by the director. [(~l(18) Recreation facilities, outdoor or indoor, other than herein specified: one for each two hundred sauare feet of gross Honorable Pete Hoffmann Chair and Presiding Officer and Members of the County Council COUNTY COUNCIL Page 9 October 20, 2008 floor area, plus three per court (racquetball, tennis or similar activities). f(~-8)1(19) Roomin¢ and lodging houses, religious, Fraternal or social orders having sleeping accommodations: one for each two beds. f(-191(20) Schools (elementary and intermediatel: one for each twenty students of design, capacity, plus one for each four hundred square feet of office floor space. fF2~l(21) Schools (high, language, vocational, business, technical and trade, college): one for each ten students of design capacity, plus one for each four hundred sauare feet of office floor space. [(~Hl(22) Sports arenas, auditoriums, theaters, assem~ halls: one for every four seats. [F2~1(23) Swimming pools (community): one for each forty square feet of pool area. [(x](24) Warehouse and bulk storage establishments where there is no trade or retail traffic: one for each one thousand square feet of gross floor area."** 13. The original SECTION 10 and subsequent SECTIONS of the bill (11-16) are renumbered appropriately, to reflect the addition of a new SECTION 10. A draft copy of Bill 148, Draft 3, is attached with these amendments incorporated. The attached draft copy illustrates amendments to the County Code via Ramseyer format. Honorable Pete Hoffmann Chair and Presiding OfScer and Members of the County Council COUNTY COUNCIL Page 10 October 20, 2008 ** Please note that the proposed amendments within item 12 of this transmittal were illustrated via Ramseyer format with respect to the contents of Bill 148, Draft 2. Item 12 proposes to add a provision for the number of parking spaces for agricultural tourism operations, and does not propose to change any other provisions of section 25-4-51(a) of the County Code, less the renumbering due to this proposed addition. Since ely, CHRISTOPH J. YUEN Planning Director CJY:pak Wpwin60/Chris 08 -Hoffmann -Bill 148 ramseyer trans.doc cc: Kona Farm Bureau Ms. Nancy Miller Department of Research and Development Mr. James H. Reddekopp, Jr., Hawaiian Vanilla Co., Inc. COUNTY OF HAWAII STATE OF HAWAII BILL NO. 148 PROPOSED DRAFT 3 (10/20/08) (Ramseyered from Current Code) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATED TO AGRICULTURAL TOURISM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. 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 Hawaii. 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 Hawaii, sometimes resulting in an adverse impact on surrounding properties and resources. The failure to define and regulate agricultural tourism in Hawaii County has already resulted 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, article 1, subsection 25-1-5(b), Hawai`i County Code 1983 (2005 Edition, as amended), relating to definitions, is amended by adding the following new definitions to be appropriately inserted and to read as follows: ""Agricultural activities" means income producing activities or uses as characterized by the cultivation of crops, including but not limited to flowers, vegetables foliage fruits forage and timber; and farming or ranching activities or uses related to animal husbandry aquaculture or game and fish propagation." ""Agricultural tourism" means visitor-related commercial activities or periodic special events designed to promote agricultural activities conducted on a working farm ranch or agricultural products processing facility" SECTION 3. Chapter 25, article 2, division 7, section 25-2-71, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-71. Applicability; plan approval required. 2 (a) Plari 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 accessory dwelling 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) Bed and breakfast establishments as permitted under section 25-4-7 (2) Public uses, structures and buildings and community buildings, as permitted under section 25-4-11. (3) Telecommunication antennas and towers, as permitted under section 25-4=12. (4) Temporary real estate offices and model homes, as permitted under section 25-4-8. (5) 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. (g) Plan approval shall be required for the establishment of an~gricultural tourism activity, as permitted under section 25-4-15(bl." SECTION_4. Chapter 25, article 2, division 7, Hawaii County Code 1983 (2005 Edition, as amended), 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 iri section 25-2-72. an application for plan approval for agricultural tourism operations shall include sufficient information to ensure the following~rovisions are met: (1) A statement whether the operation will allow visits by buses; (2) Adequate off street parkin, loadine/unloadin¢, 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; (31 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 elan and shall not exceed one thousand square feet in total area, not includingparking and vehicular accesses; and (5) Proof, acceptable to the director, of income from acricultural activities and/or agricultural yroducts processing, or investment, as required under section 25-4- 15(d)(1)'" SECTION 5. Chapter 25, article 2, division 7, section 25-2-75, Hawaii County Code 1983 (2005 Edition, as amended), is renumbered and amended to read as follows: "Section 25-2-[~3] 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-[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-[7b] 77 and 25-4-7,{~d--i€ (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-[7H] 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 office if the proposed use meets all of the conditions in section 25-2-[7b] 77 and 25-4-8. (e) 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 conduct a site inspection prior to issuing plan approval, and the director shall render a 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 2, division 7, section 25-2-76, Hawaii County Code 1983 (2005 Edition, as amended), is amended by renumbering its title to read as follows: "Section 25-2-[a6] 77. Review criteria and conditions of approval." SECTION 7. Chapter 25, article 2, division 7, section 25-2-77, Hawaii County Code 1983 (2005 Edition, as amended), is amended by renumbering its title to read as follows: "Section 25-2-[~] 78. Construction in conformity with plan approval." SECTION 8. Chapter 25, article 2, division 7, section 25-2-78, Hawaii County Code 1983 (2005 Edition, as amended), is amended by renumbering its title to read as follows: "Section 25-2-[~8] 79. Appeal of a plan approval decision." SECTION 9. Chapter 25, article 4, division 1, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new section to'be designated section 25-4-15 and 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. 6 (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, subiect 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 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 processin fg acility must have a minimum of $10,000 in verifiable Bross sales, exclusive of anv income from agricultural tourism activities or anv other non-agricultural activities for the year preceding Che commencement of the agricultural tourism activity or in the case of a new agricultural activity or agricultural products processin fg acility, provide evidence to the director's satisfaction that sufficient investment has been made in th~lanting of crops, acquisition of livestock, or construction of agricultural products processing facilities, that the agricultural activity or agricultural processin fg acility will achieve the minimum reouired 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 agricultural tourism operation shall have a maximum of thirty thousand Visitors annually; (4)' All visitor and employee parking, loading/unloading. and vehiculaztum-around areas shall be located off-street (5) The total area of spaces, includine covered decks, lanais, tents or canopies, and gazebos, whether newly constructed or within existing structures, to be utilized principally for the agricultural tourism activity, but not includine parking and vehicular access areas, shall not exceed one thousand square feet; (6) Gross revenues from aericultural tourism shall not exceed the Bross revenues of the associated agricultural activity and/or agricultural products processing facility, including.revenues from adjacent parcels under the same ownership, except where it can be demonstrated to the director's satisfaction that the gross agricultural products/processin¢ income is less than fifty~ercent of the total income due to unforeseen environmental or economic conditions for not more than two consecutive years, or, in the case of a new agricultural activity or agricultural products processin fg acility, that sufficient investment has been made so that it is reasonable to proiect that the operation's Bross revenues from agricultural tourism will not exceed 50% of gross revenues, and provided further, that the sale of all items which include aericultural products grown or processed by the associated agricultural activity or agricultural processing facility shall be included in the Bross revenues of the'associated aericultural activity or agricultural processin fe acility, (7) Sales of agricultural products grown on the island of Hawaii, and processed ; agricultural nroducts where the main ineredient was Brown on the island of Hawaii shall be allowed as part of the aericultural tourism operation. Incidental sales of non-aericultural promotional items, includine but not limited to, coffee mugs, tee shirts, etc., shall be permitted provided: 8 (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) 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 Hermit or use permit: and (~ Annual events that promote an agricultural industry or agricultural area, and organized on anot-for-profit basis, are permitted in the A, FA, IA, RA, and APD districts without plan approval. (e) Anv 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. (f) Anv 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 u1an approval, may continue such use for twelve months following the effective date of this ordinance. After this date. continued use without having received plan approval shall be considered illegal under this chapter. (g) Anv 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 for twelve months following the effective date of this ordinance, and, if an application for a special permit or a use permit has 9 been received and accepted within the twelve month period, 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, 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-corn lp iant with the standards of sec. 25-4-15(d) because of an increase in the number of visitors, shall apply for a special permit, but may continue to operate until a final decision is made on the special permit application. (i) 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 sec. 25-4-15(d)(3), and may require that an activity allowed with plan approval apply for a special permit based on such observations. In that case. the activity may continue until a final decision is made on the special permit.„ SECTION 10. Chapter 25, article 4, division 5, subsection 25-4-51(a), Hawaii County Code 1983 (2005 Edition, as amended), relating to required number of parking spaces, is amended to read as follows: "(a) The number of parking spaces for each use shall be as follows: 10 (1) _A~ricultural tourism: one for each three hundred souare feet of gross floor area used principally for the aericultural tourism activity, but not fewer than three spaces, plus bus parking if buses are allowed. [(-1~] ~ Bed and Breakfast establishments: one for each guest bedroom, in addition to one for the dwelling unit. [(~] ~ Bowling alleys: four for each alley. [(~] ~) Commercial uses, including retail and office uses in RCX, CN, CG, CV, MCX, V, RA, FA, A and IA districts: one for each three hundred square feet of gross floor area. [(-0~] ~) Day care centers: one for each ten care recipients of design capacity or one for every two hundred square feet of gross floor area, whichever is greater. [(~] ~) Dwellings, multiple-family: one and one quarter for each unit. [(~] ~) Dwellings, single-family and double-family or duplex: two for each dwelling unit. [(~] ~8) Funeral homes and mortuaries: one for each seventy-five square feet of gross floor area. [($j] ~) Golf courses: four for every hole. [(~] ~ Hospitals: one for each bed. [(~] X11) Hotels and lodges: (A) For hotel guest units without a kitchen, one for every three units; (B) For hotel guest units with a kitchen, one and one quarter for each unit. [(-ice] ~) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four hundred square feet of gross floor area. - 11 [(~] ~ Laundromats, cleaners (coin operated): one for every four machines. [(-f3~] ~) Major outdoor amusement and recreation facilities: one for each two hundred square feet of gross floor area within enclosed buildings, plus one for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. [(~4-)] ~) Meeting facilities, including churches: one for each seventy-five square feet of gross floor area. [(~5] ~ Nursing homes, convalescent homes, rest homes and homes for the elderly: one for every two beds. [(~-6] ~~ Parks: as determined by the director. [(~] ~) Recreation facilities, outdoor or indoor, other than herein specified: one for each two hundred square feet of gross floor area, plus three per court (racquetball, tennis or similar activities). [(-18~] (19) Rooming and lodging houses, religious, fraternal or social orders having sleeping accommodations: one for each two beds. [H-gl L) Schools (elementary and intermediate): one for each twenty students of design capacity, plus one for each four hundred square feet of office floor space. [(~8j] ~) Schools (high, language, vocational, business, technical and trade, college): one for each ten students of design capacity, plus one for each four hundred square feet of office floor space. [(~] ~) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats. [(~] ~ Swimming pools (community): one for each forty square feet of pool area. 12 [(~] ~) Warehouse and bulk storage establishments where there is no trade or retail traffic: one for each one thousand square feet of gross floor area." SECTION 11. Chapter 25, article 5, division 5, subsection 25-5-52(a), Hawaii County Code 1983 (2005 Edition, as amended), relating to permitted uses in residential and agricultural districts (RA districts), is amended to read as follows: "(a) The 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. Agricultural tourism as permitted under section 25-4-15. [(~] ~ Animal hospitals. [(4)] ~ Aquaculture. [(3}} ~ 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. [(8}} ~ Dwelling, single-family, one per building site. [(9}} (10) Family child care homes. [(~} ~ Group living facilities. 13 [(-1-L}} ~ Kennels, 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. [(-1-~}} ~ Livestock production (excluding pigs), provided that: (A) The requirements of the department of health are me[; (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. [(-1-3~} ~ Parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities. [f 14}} ~ Public uses and structures, as permitted under section 25-4-11. [(~S}} ~ Roadside stands for the sale of agricultural products grown on the premises. [(~}} (~ 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. [(~8~} ~ Utility substations, as permitted under section 25-4-11. [(~-9~} ~ Veterinary establishments." SECTION 12. Chapter 25, article 5, division 6, subsection 25-5-62(a), Hawaii County Code 1983 (2005 Edition, as amended), relating to permitted uses in family agricultural districts (FA districts), is amended to read as follows: 14 "(a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feetfrom any street. Ag ricultural tourism as permitted under section 25-4-15. [(~] ~ Animal hospitals. ~ [(~] ~ Aquaculture. [(4-)] ~ Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. [(3~] ~ 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. [`~` ''""~ ~""'~"«~~~ ] (71 Cemeteries and mausoleums, as permitted under Chapter 6, article 1 of this Code. `'''~~] (~ Croce production. [(S)} ~ Dwelling, 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). [(10)] ~ Game and fish propagation. [(~] (~ Group living facilities. [(~] (~ Kennels. 15 [(~] ~ Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any _ permitted animals shall be located at least seventy-five feet from any lot line: [(-f4)] ~ Public uses and structures, necessary for agricultural practices. [(~5)] ~ Retention, restoration, rehabilitation, or improvement of buildings or sites of historic~or scenic interest. [(-ib)] ~ Riding academies, and rental or boarding stables. [~] ~ Roadside stands for the sale of agricultural products grown on the premises. [(~S)] ~ Telecommunications antennas, as permitted under section 25-4-12. [(-)-9)] ~ Utility substations, as permitted under section 25-4-11. [(~] ~Z Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. [(~] S??2 Veterinary establishments." SECTION'13. Chapter 25, article 5, division 7, subsection 25-5-72(a), Hawaii County Code 1983 (2005 Edition, as amended), relating to permitted uses in agricultural districts (A districts), is amended to read as follows: "(a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. ~. Agricultural tourism as aermitted under section 25-4-15. [(~] ~ Animal hospitals. 16 [(4)] ~ 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. i [(7~] ~ Cemeteries and mausoleums, as permitted under [Eh~ter] chapter 6, article 1 of this Code. [(8j] ~ Crop production. [(~] ~ Dwelling, single-family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-77(b). [(-b9)] (~ Farm dwellings, as permitted under section 25-5-77(b) and (c). [(~] (~ Fertilizer yards utilizing only manure and soil, for commercial use. [(-1~] (13) Forestry. [(~] ~ Game and fish propagation. [(~4-)] ~ Group living facilities. [(~-3j] ~ Kennels. [(-16)] ~ Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of 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. 17 [(~8j] ~ Retention, restoration, rehabilitation, or improvement of building or sites of historic or scenic interest. [(3-9)] ~ Riding academies, and rental or boarding stables. [(~] ~ Roadside stands for the sale of agricultural products grown on the premises. [(~] ~ Telecommunication antennas, as permitted under section 25-4-12. [(~] ~ Utility substations, as permitted under section 25-4-11. [(~] ~ Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, livestock grazing and livestock production. [(-24)] ~ Veterinary establishments. [(~5)] (2~6 Wind energy facilities." SECTION 14. Chapter 25, article 5, division 8, subsection 25-5-82(a), Hawaii County Code 1983 (2005 Edition, as amended), 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) Agricultural products processing, major and minor. Agricultural tourism as permitted under section 25-4-15. [(~] ~ Aquaculture. [(-0-)] ~ Cemeteries, as permitted under chapter 6, article 1 of this Code. [(3~] ~ Crop production. [(~] ~ Farm dwellings, as permitted under sections 25-5-87(b) and (c). 18 [(~] ~ Forestry. [($3] ~ 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. [(~] ~ Public uses and structures which are necessary for agricultural practices. [(~] ~ Telecommunication antennas, as permitted under section 25-4-12. [(~] ~ Utility substations, as permitted under section 25-4-11." SECTION 15. 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 16. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. SECTION 17. This ordinance shall take effect upon its approval. 19