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Home My WebLink AboutCOM 0745.021 2010-2012 DOMINIC YAGONG "DOMINIC , �� y g g Email: d a on rii)co.hawaii.hi.us `�' Phone: (808) 961-8264 Council Chairperson , .. Fax (808) 961-8912 Council District 1 Hawai`i County Council «� County of Hawai`i 25 Aupuni Street Hilo, Hawai`i 96720 Date: October 15, 2012 Lr, • To: Members of the Hawai`i County Council 0 Fro ominic Yagong, Chairperson Re: PROPOSED AMENDMENT TO BILL NO. 266, DRAFT 3; AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO AGRICULTURAL TOURISM Please see below proposed amendments to Bill No. 266, Draft 3. The proposed amendments are illustrated by Ramseyer format with respect to the contents of Bill No. 266, Draft 3 (material to be deleted is bracketed and stricken through, material to be added is underscored). 1. The definition for agricultural tourism contained in Section 1 is amended to read as follows: ""Agricultural tourism", "ag-tourism" and/or"agri-tourism" means the practice of visiting an agribusiness, horticultural, aquacultural or agricultural operation, including but not limited to, a farm, orchard, winery, greenhouse, botanical garden, 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. Educational tours conducted for students of public or private schools shall not be considered agricultural tourism." 2. Section 6 of Bill No. 266, Draft 3 is amended 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. Comm. No 1 L S. Ref.To: pi c a Serving the Interests of the People of Our Island Ref. Dote flf T 1 7 Z01Z Hawaii County is an Equal Opportunity Provider and Employer October 15, 2012 Page 2 of 4 (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) 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. Major agricultural tourism operations shall have a maximum of thirty thousand visitors annually; (2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m. daily; (3) A minor agricultural tourism operation 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; (4) All visitor and employee parking, loading/unloading, and vehicular turn- around areas shall be located off-street; (5) 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 October 15, 2012 Page 3 of 4 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; (6) 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] (7) 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[7]; and (8) Subsection (c) notwithstanding, agricultural tourism shall be prohibited in any area which may only be accessed by four-wheel drive vehicles pursuant to section 24-293. (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 subject to providing proof of compliance with this chapter within six months from the effective date of this ordinance. (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 six months following the effective date of this ordinance, and, if an application October 15, 2012 Page 4 of 4 for a special permit or a use permit has been received and accepted within the six month period, may continue such use until final action has been taken on the application. After six 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 within six months of the change that caused the non-compliance, but may continue to operate until a final decision is made on the plan approval or special permit application. (j) An agricultural tourism activity 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 obtain plan approval or apply for a special permit within six months of written notification based on such observations. In that case, the activity may continue until a final decision is made on the plan approval or special permit." DY/sao