The URL can be used to link to this page

Home My WebLink AboutBIL 266 Draft 01 2010-2012 JN�v os h��' COUNTY OF HAWAII STATE OF HAWAII BILL NO. 266 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO AGRICULTURAL TOURISM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 1, subsection 25-1-5(b), Hawai`i County Code 1983 (2005 Edition, as amended), relating to definitions, is amended by amending the definition of "Agricultural tourism"to read as follows: ""Agricultural tourism", "ag-tourism" and/or"agri-tourism"means [visitor related conducted on a] the practice of visiting an agribusiness, horticultural, aquacultural or agricultural operation, including but not limited to, a farm, orchard, winery,greenhouse, hunting preserve, an agricultural products processing facility, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation." 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: "Value-added agricultural product,"means the enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to marketing, agricultural processing, transforming, or packaging, education presentation, activities and tours." "Agricultural products," includes, but is not limited to crops, fruit;juice, vegetables floriculture, herbs, honey, forestry; husbandry, livestock and livestock products (cattle, sheep, hogs, horses, poultry, milk, and eggs, etc.), aquaculture products (fish, fish products, algae/limu, water plants and shellfish), horticultural specialties (nursery stock, ornamental shrubs, flowers and Christmas trees). "Agriculturally related products"means items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include but are not limited to all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages,jams, gift items, food stuffs, clothing, coffee mugs, t-shirts and other items promoting the farm and agriculture in Hawai`i and value-added agricultural products and production on site. "Non-agriculturally related products"means those items not connected to farming or the farm operation, such as novelty t-shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc. "Agricultural operation"means any operation producing agricultural products. "Agriculturally related uses"means those activities that predominantly use agricultural products, buildings or equipment, such as rodeos, horse or pony rides, plant mazes, barn dances, sleigh/hay rides, and educational events, such as farming cooking and food preserving classes, etc. "Non-agriculturally related uses"means activities that are part of an agri-tourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such non-agriculturally related uses include amusement rides, concerts, etc., and are subject to either special use permits or use permits. "Farm market/On farm market/roadside stand"means the sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agribusiness operation of agricultural land. "Agricultural tourism ,major"means an agriculture tourism operation which shall have a maximum of thirty thousand visitors annually. "Agricultural Tourism, minor"means an agricultural tourism operation which shall have a maximum of three hundred fifty visitors per week for a total not to exceed fifteen thousand visitors annually that access the activity via passenger vehicles that carry no more than fifteen people per vehicle. SECTION 3. Chapter 25, article 2, division 7, section 25-2-71, Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: 2 "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, 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 any major agricultural tourism activity, as permitted under section 25-4-15(b)." 3 SECTION 4. Chapter 25, article 2, division 7, Hawai`i 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 major agricultural tourism. In addition to the application requirements for plan approval contained in section 25-2-72, an application for plan approval for major 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; (2) Adequate off street parking, loading/unloading, 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; (3) 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 plan . - - . . . . . . square feet in total area,] not including parking and vehicular accesses; and (5) Proof, 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)." SECTION 5. Chapter 25, article 2, division 7, section 25-2-75, Hawai`i County Code 1983 (2005 Edition, as amended), is renumbered and amended to read as follows: "Section 25-2-76. 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- 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- 77 and 25-4-7. 4 (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 office 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[, 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 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 4, division 1, section 25-4-15 Hawai`i County Code 1983 (2005 Edition, as amended), is amended 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. (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, subject to plan approval for major agricultural tourism 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: 5 (1) [The agricultural activity or agricultural products processing facility] Major agricultural tourism operations 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] A minor agricultural tourism operation shall have a maximum of[may thousand] three hundred fifty visitors per week for a total not to exceed fifteen thousand visitors annually that access the activity via passenger vehicles that carry no more than fifteen people per vehicle. Major agricultural tourism operations 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; (5) [ - . . . . .. - , - .. , .. , . . .. - , .. . gazebos, whether newly constructed or within existing structures, to be utilized principally for the agricultural tourism activity, but not including parking and vehicular access areas, shall not exceed one thousand square feet; (6) Gross revenues from agricultural tourism shall not exceed the gross revenues of 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/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 activity or agricultural products processing facility, that sufficient investment has been 6 made so that it is reasonable to project that the operation's gross revenues from - , - . - - . - . . • -ms which include agricultural products grown or - - - -- . •. . ._ricultural activity or agricultural processing (7) Sales of agricultural products grown on the island of Hawai'i, and processed agricultural products where the main ingredient was grown on the island of Hawai'i shall be allowed as part of the agricultural tourism operation. Incidental sales of non-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 (B) The gross revenues from the sale of non-agricultural promotional items shall be included with the gross revenues from the agricultural tourism activities; (86) 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 permit; and (97) Annual events that promote an agricultural industry or agricultural area, and organized on a not-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 by section 25-4-15(c) shall be considered illegal under this chapter, unless otherwise noted herein. (f) Any major 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 under this chapter.] subject to providing proof of compliance with this chapter. 7 (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 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 [:: .'- : . . .. . , : . ] becomes non- compliant with the standards of sec. 25-4-15(d)because of an increase in the number of visitors, shall apply for plan approval or a special permit, but may continue to operate until a final decision is made on the plan approval or special permit application. (j) 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] be required to obtain plan approval or apply for a special permit based on such observations. In that case, the activity may continue until a final decision is made on the plan approval or special permit." SECTION 7. 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 8. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. 8 SECTION 9. This ordinance shall take effect upon its approval. INTRODUCED BY: cS)-- COUNCILM3E;R, C TY OF AWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. 745 9