HomeMy WebLinkAboutCOM 0745.022 2010-2012 „�y Phone: (808) 323-4277
BRENDA J. FORD - �I- '?:;,�/,
= Fax: (808) 329- 4786
Council Member _ —
District 7 - Central Kona E-Mail: bford@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawaii
West Hawaii Civic Center
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawaii 96740
DATE: October 16, 2012
TO: Dominic Yagong, Chairperson,
and Members of the Hawai`i County Council
' 1
FROM: )\-13.renda J. Ford, Council Member
SUBJECT: Proposed Amendments to Bill No. 266, Draft 3; Regarding an Ordinance
Amending Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005
Edition, as amended) Relating to Agricultural Tourism
Please find attached proposed amendments to Bill No. 266, Draft 3. The proposed
amendments are illustrated below in 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 in
underlined; all bolded for emphasis only):
1. Section 2, which amends Chapter 25, article 1, subsection 25-1-5(b) by adding the
following new definitions, is amended to read as follows:
"Value-added agricultural product,”means the [• • • . • • •• • • • ••• . • • •• • • • • •
•
. . . , .
• _ . .
and--tou-rs.] increased market value resulting from processing, transforming, packaging,
or marketing."
"Agricultural products," includes, but is not limited to crops, fruit,juice, vegetables,
floriculture products, herbs, honey or other products of an apiary operation, forestry
products, animal husbandry, livestock and livestock products (cattle, sheep, hogs, horses,
poultry, milk, and eggs, etc.), aquaculture products (fish, fish products, algae/limu, water
Comm. No.
Ref.To: I CUU.rLCi�
Serving the Interests of the People of Our Island Ref Date OCT 1 7 ZO1Z
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October 16, 2012
Page 2
plants and shellfish), and 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, [ba-rn
dances, ,] and educational events, such as farming, cooking,and food
[preserving] preservation classes, etc.
[,,, . _ • . . • .. •• • . • . . . • • . . • •••
. . . •' . . . . . • . , .. • , • • •• 9 . • . , . •• • • '
, ,
"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 [• . • . . • • . . • . . . . • .]
operation on a parcel of land zoned Agricultural.
"Agricultural tourism [,major] , major" means an agriculture tourism operation which
shall have a maximum of[ • • • . . • . • • . • • . . .] eighty visitors per day that
access the activity via passenger vehicles that carry no more than fifteen people per
vehicle unless the parcel of land used for agricultural tourism has adequate off-street
parking and turn-around space for larger vehicles, and is accessible from a federal,
state, or county street or highway that meets the design standards of the department of
public works.
October 16, 2012
Page 3
"Agricultural Tourism, minor" means an agricultural tourism operation which shall have
amaximum of[ • • • • . • . • . • • . • . . • . • • • •
] thirty visitors per day that access the activity via passenger
vehicles that carry no more than fifteen people per vehicle[:] at any time and must have
adequate off-street parking and turn-around space."
2. Section 25-2-71 of Bill No. 266, Draft 3, is amended by amending subsection(g) to read
as follows:
"(g) Plan approval shall be required 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 [major] agricultural tourism activity, as
permitted under section 25-4-15(b)."
3. Section 25-2-75 of Bill No. 266, Draft 3, is amended 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 [m-aj-er] 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[;],vans, and
passenger vehicles;
(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
October 16, 2012
Page 4
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;
[ ]
(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)[.] ; and
01 That the subject property is at least two acres in size."
4. Section 25-2-76 of Bill No. 266, Draft 3, is amended by amending subsection (e)to
read as follows:
"(e) The director shall render a decision to either approve or deny a plan approval
application within [sixty] thirty days after acceptance of the completed
application. For an agricultural tourism operation, the planning department
shall conduct a site inspection prior to issuing plan approval."
5. Section 25-4-15 of Bill No. 266, Draft 3, is amended by amending subsection (b) to
read as follows:
"(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 [maw] agricultural tourism and in conformance with section
25-4-15(d)."
6. Section 25-4-15 of Bill No. 266, Draft 3, is amended by amending subsection (d) to
read as follows:
"(d) Agricultural tourism operations shall comply with the following regulations:
(1) [" : • _ . • . . •• . . ] For major agricultural tourism,
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
October 16, 2012
Page 5
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[ • • • . . . • . • • . • • . . ;] eighty visitors per
day;
(2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or
continue past 6:00 p.m. daily;
(3) For minor agricultural tourism, the agricultural activity or agricultural
products processing facility must have a minimum of$5,000 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. A minor agricultural tourism operation
shall have a maximum of[ • • • • . • . • . - • • . • • .
• . . • • . • • • • . . . • . ' • . • • . . ] thirty visitors per day
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;
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,
October 16, 2012
Page 6
but not including parking and vehicular access areas, shall not exceed
one thousand square feet;
(6) Gross revenues from agricultural tourism shall:
(A) Not exceed fifty percent of the gross revenues of the associated
agricultural activity and/or agricultural products processing
facility, including revenues from adjacent parcels under the same
ownership. Exceptions to this requirement may be offered by the
Planning Director if:
(i) The gross agricultural products/processing income is less than
fifty percent of the total income, the applicant must
demonstrate to the director's satisfaction that the loss in gross
revenues for the associated agricultural activity and/or
agricultural products processing facility was due to unforeseen
environmental or economic conditions that did not occur for
more than two consecutive years; or
(ii) Sufficient investment is made in a new agricultural activity or
agricultural products processing facility so a reasonable
projection of that operation's gross revenues from agricultural
tourism will not exceed fifty percent of gross revenues; and
(B) Include the sale of all items derived from the agricultural products
grown or processed by the associated agricultural activity or
agricultural processing facility.
[( )10 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
October 16, 2012
Page 7
(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)]m 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--)]M 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[.]
(10) A "farm market/on farm market/roadside stand" used solely to sell
agricultural products raised on that parcel of land is exempted from the
minimum gross income requirement or the requirement of plan
approval for either major or minor agricultural tourism, provided that
there is sufficient, safe, off-street parking for vehicles; and
(11) A farmers' market is exempted from agricultural tourism requirements
if it operates on a particular site for two or less days per week, provided
that there is sufficient, safe, off-street parking for vehicles."
7. Section 25-4-15 of Bill No. 266, Draft 3, is amended by amending subsection (f) to read
as follows:
"(f) Compliance and penalties.
1 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 and obtaining plan approval within six months from the effective
date of this ordinance.
(2) Violation of the agricultural tourism requirements shall be cause to
apply the penalties of article 2, division 3 of this chapter."
October 16, 2012
Page 8
8. Section 25-4-15 of Bill No. 266, Draft 3, is amended by amending subsection (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
up to six 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] that 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 [late] sooner, continued use shall
be considered illegal under this chapter."
10. Section 25-4-15 of Bill No. 266, Draft 3, is amended by amending subsection(i) 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(d) because of an increase in the
number of visitors, [ • , . . . . . • • . •• ' ] shall
apply for a new plan approval within six months of the change that caused the
non-compliance [, . . •• • • • • ; • . • • • • • • • • 1 ' •• 1 • • . •
• • - . • • . . •• • . . . •. •]. Failure to receive plan
approval or obtain a special permit application within that six month period
shall require the planning director to order the agricultural tourism
operation to cease until its non-compliance is corrected."
11. Section 25-4-15 of Bill No. 266, Draft 3, is amended by amending subsection (k) to read
as follows:
"(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 and
obtain a special permit within six months of written notification based on such
October 16, 2012
Page 9
observations. [In-that-eased During the application process but not exceeding
six months, the activity may continue until a final decision is made on the plan
approval or special permit."
A draft copy of Bill No. 266, Draft 4, is attached with the proposed amendments incorporated
therein.
BJF/dkr
att.
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 [visit,.- 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, 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."
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 increased market value resulting from
processing, transforming, packaging, or marketing."
"Agricultural products," includes, but is not limited to crops, fruit,juice, vegetables,
floriculture products, herbs, honey or other products of an apiary operation, forestry products,
animal husbandry, livestock and livestock products (cattle, sheep, hogs, horses, poultry, milk,
and eggs, etc.), aquaculture products (fish, fishproducts, algae/limu, water plants and shellfish),
and horticultural specialties (nursery stock, ornamental shrubs, flowers and Christmas trees).
"Agriculturally related products" means items sold 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, and
educational events, such as farming, cooking, and food preservation classes, etc.
"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 operation on a parcel of land zoned Agricultural.
"Agricultural tourism, major" means an agriculture tourism operation which shall have a
maximum of eighty visitors per day that access the activity via passenger vehicles that carry no
more than fifteen people per vehicle unless the parcel of land used for agricultural tourism has
adequate off-street parking and turn-around space for larger vehicles, and is accessible from a
federal, state, or county street or highway that meets the design standards of the department of
public works.
"Agricultural Tourism, minor" means an agricultural tourism operation which shall have a
maximum of thirty visitors per day that access the activity via passenger vehicles that carry no
more than fifteen people per vehicle at any time and must have adequate off-street parking and
turn-around space."
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:
"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
(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
structure or development which is to be used for agricultural tourism activity, as
permitted under section 25-4-15(b)."
SECTION 4. Chapter 25, article 2, division 7, section 25-2-75, Hawai`i County Code
1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-2-75. Plan approval application requirements for agricultural tourism.
3
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[;], vans, and passenger
vehicles;
(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; [ ]
(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)[-]
(6) That the subject property is at least two acres in size."
SECTION 5. Chapter 25, article 2, division 7, section 25-2-76, Hawai`i County Code
1983 (2005 Edition, as amended), is 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.
(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.
4
(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 completed application. For an agricultural tourism operation, the
planning department shall conduct a site inspection prior to issuing plan approval. [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.
• . . -- - _ - . .],
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 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 agricultural products processing facility] For major
agricultural tourism, 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
5
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
eighty visitors per day;
(2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or
continue past 6:00 p.m. daily;
(3) For minor agricultural tourism, the agricultural activity or agricultural products
processing facility must have a minimum of$5,000 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. [The] A minor agricultural tourism
operation shall have a maximum of[thirty-thousand] thirty visitors per day 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) 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 parking and
vehicular access areas, shall not exceed one thousand square feet;
(6) [.. . - . . - • . . . . . • -• . - - . - .
the associated agricultural achy and/or agricultural products processing
6
• •• . . . • -- • - - . j0 . . • - - .
activity or agricultural processing facility;]
Gross revenues from agricultural tourism shall:
(A) Not exceed fifty percent of the gross revenues of the associated
agricultural activity and/or agricultural products processing facility,
including revenues from adjacent parcels under the same ownership.
Exceptions to this requirement may be offered by the Planning Director if:
(i) The gross agricultural products/processing income is less than fifty
percent of the total income, the applicant must demonstrate to the
director's satisfaction that the loss in gross revenues for the associated
agricultural activity and/or agricultural products processing facility
was due to unforeseen environmental or economic conditions that did
not occur for more than two consecutive years; or
(ii) Sufficient investment is made in a new agricultural activity or
agricultural products processing facility so a reasonable projection of
that operation's gross revenues from agricultural tourism will not
exceed fifty percent of gross revenues; and
(B) Include the sale of all items derived from the agricultural products grown
or processed by the associated agricultural activity or agricultural
processing facility.
7
(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;
(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 permit; [ate]
(9) 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[..-] ;
(10) A "farm market/on farm market/roadside stand" used solely to sell agricultural
products raised on that parcel of land is exempted from the minimum gross
income requirement or the requirement of plan approval for either major or
minor agricultural tourism, provided that there is sufficient, safe, off-street
parking for vehicles; and
(11) A farmers' market is exempted from agricultural tourism requirements if it
operates on a particular site for two or less days per week, provided that there is
sufficient, safe, off-street parking for vehicles.
(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.
(0 Compliance and penalties.
(1) 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
8
continue [such use for twelve months following the effective date of this
shall be considered illegal under this chapter.] subject to providing proof of
compliance with this chapter and obtaining plan approval within six months from
the effective date of this ordinance.
(2) Violation of the agricultural tourism requirements shall be cause to apply the
penalties of article 2, division 3 of 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] up
to six 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]
that six month period, may continue such use until final action has been taken on the
application. After [twelve] six months from approval of this ordinance, or denial of
the application, whichever occurs [lam] sooner, 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] shall apply for a new
plan approval within six months of the change that caused the non-compliance[, but
may continue to operate until a final decision is made on special permit application.]
Failure to receive plan approval or obtain a special permit application within that six
month period shall require the planning director to order the agricultural tourism
operation to cease until its non-compliance is corrected.
(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.
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(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] obtain plan approval or apply for and
obtain a special permit within six months of written notification based on such
observations. [In that case,] During the application process but not exceeding six
months, 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.
SECTION 9. This ordinance shall take effect upon its approval.
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