HomeMy WebLinkAboutBIL 266 Draft 04 2010-2012COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAI `I
BILL NO. 266
(DRAFT 4)
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 relate'
eondueted on ] the practice of visiting an agribusiness, horticultural, aquacultural or agricultural
operation including but not limited to, a farm, orchard, winery, greenhouse, botanicalag rden,
hunting preserve, an agricultural products processingfacility, acility, 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."
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 resultingfrom
rom
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 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 Hawaii and value-added agricultural products and production on site.
"Non -agriculturally related products" means those items not connected to farmingor r 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 peration 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 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, Hawaii 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:
FA
(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
[trailef pafk of] 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 ] 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, Hawaii County Code
1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-2-75. Plan approval application requirements for agricultural tourism.
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; 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 25-2-76, Hawaii 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.
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(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 f r an „lt,,,.^l tour -ism fae lity ] 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. [4
b eonsidered appfoved without fui4 o eft;f;..^t; n b the .1; eeto Fof an
agr4eultur-al tour -ism tour - f , :l;tthe de ^,-t,,, „t shall ndu
', u Yiivi to
issuing ,.la ^ ^1 a the di -eeto - shall nde f a dee _sio t„ e the f ^
, ^ ������ upprvve or -
deny
shall be eonsidefed appfeved without t f,,,-tl e eftif;..^tion by the d t ]"
reT�iTVr.
SECTION 6. Chapter 25, article 4, division 1, section 25-4-15 Hawaii 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) [Th agrietiltufal ti„ity or agriettitufal r ,,duets r g f eil,ty] 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
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) [the] A minor agricultural tourism operation shall have a maximum of [dlif�y
tom] 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) [Tl, totalareanelu inn n .l .l
reeeks lanais tents ra
gazebos, h th newly a „str„ete,l ,;thinexisting str-ttet„res to he utilized
ally for the agitieultural tottrism activity,
par-king but not ineludi.�.0.1
�' n
vehzeular- aecesrs areas, shall not o oa e tl,,.,,nnna square feet-,
(ti) Gross re e s Fr„m n „1t„ral tourism shall note ee.l gross e e o
............
I III .�, III 11111R,
MM
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„ltur- l r o duets r g f e l:t., that suffie:e„t investment has bean
,.de o that ;t ; reasonable to p eet that the o fa4i ,,,'s gross revenues f ofn
pr-oeesse,d by the assoeiated ., „lt„r.,l aetiy t y or agfiettltur-al r
f e l:ty shall be : elu deal i the grossr-eventtes of the a atea a „lti
Gross revenues from agricultural tourism shall:
(A) Not exceed fifty percent of the gross revenues of the associated
agricultural activity and/or agricultural products processingfacility,
acility,
including revenues from adjacent parcels under the same ownership.
Exceptions to this requirement may be offered by the Planning Director if:
Ther�gricultural 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 processingfy
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 processingfacility acility 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)](6) 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:
7
(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;
[(S)](7) 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]
[(9)](8) 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[...] ;
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
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) Compliance and penalties.
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
continue [stieh use f twelve months-fellowthe effeetive date of this
shaller-dinanee. After- this da4e, eon4inued use without having r-eeeived plan appr-oval
eonsider-ed illegal under this ehapten] 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 [terve] 0
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 [*''e]
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 [later-,] 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 pla approval, btA] 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 [ i, h has r-eeeived 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 [ ] obtain plan approval or apply for and
obtain a special permit within six months of written notification based on such
observations. [ice] Duringthe he application process but not exceeding six
months, the activity may continue until a final decision is made on the plan approval
or special permit."
E
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.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 745.27
COUNCIL
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WAI`