HomeMy WebLinkAboutCOM 0745.003 2010-2012Pete Hoffmann
Council Member
District 9 - North and South Kohala
HAWAII COUNTY COUNCIL
County of Hawai
Hawai `i County Building
25 Aupuni Street
Hilo, Hawai `i 96720
TO: Dominic Yagong, Chair
and Members of the Hawai`i County Council
Phone No. Hilo: (808) 961 -8027
Phone No. Waimea: (808) 887 -2043
Fax No.: (808) 887 -2072
E -Mail: phoffmann@co.hawaii.hi.us
Holomua Center
64 -1067 Mamalahoaghway;- Suite C -5
Waimea, Hawai `i 96743
FROM: Pete Hoffmann, Council Member
Date: July 27, 2012
Subject: Transmitting Bill No. 266, Draft 2, Relating to Agricultural Tourism (Resubmit
Due to Typographical Error)
Please find attached Bill No. 266, Draft 2. Bill No. 266 was amended by the contents of
Communication No. 745.1, as duly approved at the Planning Committee meeting on July 18,
2012.
Bill No. 266, Draft 2, was originally transmitted on July 23, 2012. However, there is a
typographical error contained in the bill transmitted on July 23, 2012. The typographical error
was made in the process of incorporating amendments contained in Communication No. 745.1.
The attached bill rectifies the typographical error.
Thank you.
PH/jdh
att
Serving the Interests of the People of Our Island
Hawai `i County Is An Equal Opportunity Provider And Employer
Comm. Na, 1450 I
Ref. Toffs need
Ref, Date 1 201?
COUNTY OF HAWAII
STATE OF HAWAII
BILL NO.
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] prior to the construction
or installation of any new structure or development, or of any addition to an existing
3
structure or development which is to be used for major agricultural tourism activity,
as permitted under section 25- 2- 15(b)."
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 [and shall not exceed one thousand
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.
4
(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.
(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
conduct a site inspectien prier
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:
(1) [The agricultural activity or ag ' • - - - • - - - • _ • ] 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 [thirty
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) [The total area of spaces, including covered decks, lanais, tents or canopies, and
principally for the agricultural tourism activity, but not including parking and
the associated agricultural activity and /or agricultural products processing
facility, including revenues from adjacent parcels under the same ownership,
agricultural products /processing income is less than fifty percent of the total
than two consecutive years, or, in the case of a new agricultural activity or
6
(7)
agricultural products processing facility, that sufficient investment has been
agricultural tourism will not ex
10
further, that the sale of allitems which include agricultural products grown or
processed by the associated agricultural activity or agricultural processing
activity or agricultural processing facility; ]
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;
(46) 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
(37) 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
7
under this chapter.] subject to providing proof of compliance with this chapter.
(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 [obtains plan approval, but] 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.
8
SECTION 8. In the event that any portion of the ordinance is declared invalid, such
invalidity shall not affect other parts of this ordinance.
SECTION 9. This ordinance shall take effect upon its approval.
TRODUCED BY:
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
COUNCIL MEMBER, CO
9
OF HAWAII