HomeMy WebLinkAboutORD 1992-094 1992-1994COUNTY OF HAWAII,~g „ ~'TATE OF HAWAII
BILL NO. e s 2
(Draft 2)
ORDINANCE NO. 92 94
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, AS AMENDED, RELATING TO PROCESSING FACILITIES AS PERMITTED
USES ON AGRICULTURAL AND UNPLANNED ZONED LANDS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. PURPOSE. The purpose of this bill is to allow an
agriculturist to process products grown by that agriculturist on a
parcel of land regardless ~f whether the agricultural activities .•re
conducted on the same premises. The bill would also allow the
agriculturist to process products grown by others at the facility.
This bill recognizes that the ability of other growers to utilize
the facility may generate impacts to the infrastructure and to
surrounding properties that need to be assessed by other land use
procedures. At the same time, it recognizes the need for combining
resources in order for diversified agriculture and the small farmer
to be viable.
SECTION 2. Section 25-152(a)(2), Article 8, Chapter 25 of the
Hawaii County Code is amended as follows:
"(2) All forms of agriculture; the growing and gathering
of crops, fruits, vegetables, flowers, trees, and other plants, the
rasing and keeping of animals and fowls except as limited in
paragraph (9) of this section[; the physical processing, storage and
sale of products produced on the premises, subject to the
limitations in paragraph (14) of this section]."
SECTION 3. Section 25-152(a)(14)-(19), Article 8, Chapter 25 of
the Hawaii County Code is amended as follows:
(14) [Processing, storage, packing, shipping and sale of
products produced on the premises provided the site or building used
for such activity shall be at least one hundred feet from any
property line.] Processing of agricultural prod~~tc which are
raised or produced by an agriculturist who hall sub antis e u h
agricultural activity by the submittal of a g n ral xcise tax
license to the Planning Depar ment for a p an Th pro ing
facilitv(ies) which may include a^tivities of milling pulping
drying roasting hulling storing packing shinning and lling
shall secure Final Plan Approval from the Planning Departm nt Th
setback requirements for the processing facility may be increased at
the time of Plan Approval review to minimiz po Pntial not
lighting odor vector and air quality impactc Addi*ional
mitigation measures such as landscaping may be imposed to r d
impacts to surrounding properties
(15) Processing of agricultural products whi h are raised
or produced by the agriculturist as accepted in
Section 25-152(a)(14) and by other agri ~lturi c• provided he
processing facilitv(ies) which may include a ivi iec of milling
pulping drying roasting hulling storing packing shipping and
selling, shill secure Final Plan Approval from th 2lanning
Department The setback requirements for the proc ing fa ili y
may be increased at the time of Plan Approval review to minimize
potential noise, lighting, odor, vector and air quality impacts
-2-
Additional mitigation measures, such as landscaping, may be imposed
to reduce impacts to surrounding properties.
([15]x¢) Riding academies, rental or boarding stables, dog
kennels and catteries.
([16]x) Animal hospitals.
([17]x$) Commercial excavation or removal of natural
building material or minerals.
((18]~Q) Guest ranches.
([19]~Q) Hunting and fishing lodges and preserves.
([20]21) Use and buildings normally considered accessory to
the above permitted uses subject to approval of the director."
SECTION 4. Section 25-232(a)(3)-(8), Article 8, Chapter 25 of
the Hawaii County Code is amended as follows:
"(3) (Processing, handling, and sale of agricultural
products produced on the premises if done at least one hundred feet
from the front property line.] Processing of agricultural p*~~+~rtc
which are raised or produced by an agriculturist who shall
substantiate such agricultural activity by the submittal of a
general excise tax license to the Planning Department for
acc ptance. The processing facilitv[ies), which may include
activities of milling pulping drying roasting hulling storing
packing shipping and selling shall secure Final Plan Approval from
the Planning Department. The setback requirements for the
processing facility may be increased at the time of Plan Approval
review to minimize potential noise. lighting, odor, vector and air
quality impacts. Additional mitigation measures, such as
-3-
landscaping may be imposed to reduce impacts to surrounding
properties.
[4) Processing of agricultural products which are raised
or produced by the agriculturist ac accepted in Section 25 2 2(a)(3)
and by other agriculturists• provided the processing facilitv[i )
which may include activities of milling pulping drvina roa Ina
hulling storing packing shipping and selling hall secur Final
Plan Approval from the Planning Department The setback
requirements for the processing facility may be increased at the
im f Plan Approval review to minimize noteatial noise, lighting,
odor vector and air quality impacts Additional mitiga ion
measures such as landscaping may be imposed to reduce imna o
surrounding properties.
([4]$) Home occupations.
([5]$) Piggeries and apiaries on sites approved by the
department of health and the director.
([6l7) Hunting and fishing preserves or lodges.
([7]$) Aquaculture activity.
((8]2) Buildings and uses normally considered directly
accessory to the above permitted uses."
SECTION 5. Material to be repealed is bracketed. New material
is underscored. In printing this ordinance, the brackets, bracketed
materials, and undersc•~ring need not be included.
SECTION 6. In the event that any portion of the ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
SECTION 7. This ordinance shall take effect upon its approval.
-4-
INTRODUCED BY:
~----~
.r
Ka _
COU CIL MEMBE COU OF HAWAII
Hilo, Hawaii
Date of Introduction: August 5, 1992
Date of 1st Reading: August 5, 1992
Date of 2nd Reading: August 19, 1992
Effective Date: September 2, 1992
APPROVED AS TO FORM AND LEGALITY
'.Yrit,7'E ~9~''~ Ci~.O G`~
CORP TION COUNSEL
DATE: p~G 2 6 1992.
-5-