HomeMy WebLinkAboutCOM 0180.003 1998-2000 „~Y Os N Virginia Goldstein
Stephen K. Yamasbiro Dirr,vor
Muynr
Russell Kokubun
~ Depury Direcfnr
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 • Fax (SOS) 961-8742 _
Mazch 19, 1999
Honorable Dominic Yagong, Chairman
Committee on Public Works and Pazks
Hawaii County Council
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong:
SUBJECT: Waipio Valley -Bishop Museum
We have received your Memorandum of March 2, 1999, requesting our review of a letter
of February 23, 1999, from Mr. Jeffrey A. Bell of the Bishop Museum. Mr. Bell's letter
included six questions regarding land ownership in Waipio Valley. We have the following
comments:
1. The Department of Public Works is the County agency which responsible for maintaining
the County's roadways. We defer to them to answer this question.
2. We must defer responding to the kind of legal matters being asked in question #2 to our
Corporation Counsel.
3. The land in Waipio Valley is classified by the State Land Use Commission as Conservation
and Agricultural. The land within the Conservation District is administered by the State
Board of Land and Natural Resources. The land within the Agricultural District is jointly
administered by the State Land Use Commission and the County.
The State Land Use Law, the State Land Use Commission's Rules, and the County Zone
all include lists of permitted uses. Attached, please find copies of these documents.
Generally, agriculture related activities are allowed.
c~tYtrn. No, l8 O . o 0 3
File No. ~ O
Ref. To: I°wP~'
uor 1~~*o NT
Honorable Dominic Yagong, Chairman
Committee on Public Works and Parks
Hawaii County Council
Page 2
March 19, 1999
4. Nonconforming uses are by definition uses that were already in place prior to the
adoption of the governing requirement. In this instance, the State Land Use Law, or
the State Land Use Commission's Rules, or the County Zoning Code. Anew
"nonconforming" use can not be introduced. Any new uses must meet "code"
requirements, or the "code" requirements must be amended to allow such a use.
From the questions being raised here, it appears that the question is more a question of
how uses not on the permitted uses list be established, i.e. how may exceptions be
granted. That process would be through a special permit through the Planning
Commission or State Land Use Commission. A public hearing before the Commission
is required in the process.
5. Violations of "permitted uses" are to be reported to the Planning Department for the
parcels within the Agricultural District. Similar violations in the Conservation District
need to be reported to the State Department of Land and Natural Resources.
Trespass goes beyond the Planning Department's authority and should be reported to the
Police Department.
6. Determining when "violations" and "violators" are occurring depends upon the specific
statutes or authorities which are not being met. Prosecution may not necessarily result
when "violations" occur, however, correction of some kind is usually administered by the
agency authorized to administer or "police" some activity. The Planning Department is
authorized by provisions in the Zoning Code to enforce the Zoning Code.
We hope these comments will assist you and your Committee.
Sincerely,
J~
VIR~(r1NIA STEIN
Planning Direct r
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Attachment
Honorable Dominic Yagong, Chairman
Committee on Public Works and Parks
Hawaii County Council
Page 3
March 19, 1999
c Mayor Stephen K. Yamashiro
Corporation Counsel
Department of Public Works
k
1 205-2 PLANNING & ECONOMIC DEVELOPMENT
(d) Agricultural districts shall include activities or uses as characterized by ^Iune 2, 1975^ sot
the cultivation of crops, orchazds, forage, and forestry; farming activities or uses
related to animal husbandry, aquaculture, and game and fish propagation;
~ aquaculture, which means the production of aquatic plant and animal life for food
k and fiber within ponds and other bodies of water; wind generated energy production Statute contemplan
for public, private, and commercial use; bona fide agricultural services and uses adopted, and to regwn
I ~ which support the agricultural activities of the fee or leasehold owner of the property op' n-2.
and accessory to any of the above activities, whether or not conducted on the same
premises as the agricultural activities to which they are accessory, including but not §205-3.1
limited to farm dwellings as defined in section 205-4.5(a)(4), employee housing, amendments inv[
farm buildings, mills, storage facilities, processing facilities, vehicle and equipment land use corttmis
'd storage azeas, and roadside stands for the sale of products grown on the premises; (b) Any c
~ wind machines and wind farms; small-scale meteorological, air quality, noise, and county in which
J p other scientific and environmental data collection and monitoring facilities occupy- sought to be re
ing less than one-half acre of land, provided that such facilities shall not be used as or making authorit
equipped for use as living quarters or dwellings; agricultural pazks; and open azea boundary of a
1 recreational facilities, including golf courses and golf driving ranges; provided that agricultural, rur
they aze not located within agricultural district lands with soil classified by the land (c) Distr
study bureau's detailed land classification as overall (master) productivity rating less, except in <
] class A or B. land use decisi~
~ These districts may include areas which are not used for, or which are not anon by the k
suited to, agricultural and ancillary activities by reason of topography, soils, and amendments it
other related chazacteristics. shall be proce
(e) Conservation districts shall include areas necessary for protecting water- appropriate co[
~ I i sheds and water sources; preserving scenic and historic areas; providing park lands, to amend state
wilderness, and beach reserves; conserving indigenous or endemic plants, fish, and proceedings tc
a wildlife, including those which are threatened or endangered; preventing floods and ]and or such of
soil erosion; forestry; open space azeas whose existing openness, natural condition, tion of such p[
or present state of use, if retained, would enhance the present or potential value of authority.
~ abutting or surrounding communities, or would maintain or enhance the conserva- (d) Th
tion of natural or scenic resources; areas of value for recreational purposes; other the applicatio
related activities; and other permitted uses not detrimental to a multiple use the departmet
conservation concept [L 1963, c 205, pt of §2; Supp, §98H-2; HRS §205-2; am L commission a
[ 1969, c 182, §5; am L 1975, c 193, §3; am L 1977, c 140, §1 and c 163, §1; am L amendments
1980, c 24, §2; am L 1985, c 298, §2; am L 1987, c 82, §3; am L 1989, c 5, §2; am L district boom
1991, c 191, §1 and c 281, §2] designated b:
4 sixty days o
Cross Reverences boundaries t
4~
k Districts, generally, see chapter 4. deSCriptlOn
commission
[ ' Attorney General Opinions the County P
N 293, §8]
' Uses within agricultural districts. Att. Gen. Op. 62-33, 62-38.
Dwellings perm[ssible under this section are further defined by regulations established under ¢205-7.
6 ~ Att. Gen. Op. 75-8. §2U$-'
if ~ tI18n fllteer
§205-3 Retention of district boundaries. Land use district boundaries agency of t
existing as of June 2, 1975, shall continue m full force and effect subject to interest in t
amendment as provided in this chapter or order of a court of competent jurisdiction for a than(
based upon any litigation filed prior to July 1, 1975, or filed within thirty days after changes in
~ service of a certified copy of any final decision and order made as part of the for change
commission's 1974 periodic boundary review, whichever occurs later. [L 1963, c agricultura
205, pt of §2; Supp, §98H-3; am L 1975, c 193, §4; HRS §205-3]
j 100
r
t
;I
205-4.1 PLANNING & ECONOMIC DEVELOPMENT
[§205-4.19 Fees. The commission may establish reasonable fees for the contrary n
filing of boundary amendment petitions and petitions for intervention to cover the soil classi
cost of processing [hereof and for the reproduction of maps and documents. The (master) p
commission also may assess a reasonable fee or require reimbursements to be made said A ant
for inexcusable absence of a party from a boundary amendment proceeding. Any uses as prt
fees collected shall be deposited to the credit of the general fund. [L 1983, c 49, §2] in pursuit
Any
' §205-4.5 Permissible uses within the agricultural districts. (a) Within the ante coves
restriction
j agricultural district all lands with soil classified by the land study bureau's detailed and condii
~ land classification as overall (master) productivity rating class A or B shall be land is re<
restricted to the following pemutted uses:
If th
(1) Cultivation of crops, including but not limited to flowers, vegetables, dues the
foliage, Emits, forage, and timber;
(2) Game and fish propagation; mortgage
(3) Raisin of livestock, includin but not limited to reason for
g g poultry, bees, fish, or brances s6
other animal or aquatic life that are propagated for economic or personal waived bl
use; tional was
(4) Farm dwellings, employee housing, farm buildings, or activity or uses subjected
related to familng and animal husbandry;
The
Farm dwelling as used in this pazagraph means asingle-family dwelling ing Admii
located on and used in connection with a farm, including clusters of [ion, Sma]
single-family fans dwellings permitted within agricultural parks devel- Bank of B
oped by the State, or where agricultural activity provides income to the Cooperate
family occupying the dwelling; qualified t
(5) Public institutions and buildings which are necessary for agricultural (c)
~ practices; study bun
(6) Public and private open area types of recreational uses including day class C, D
camps, picnic grounds, parks, and riding stables, but not including set forth it
dragstrips, airports, drive-in theaters, golf courses; golf driving ranges, 24 §3; an
t country clubs, and overnight camps;
11 (7) Public, private, and quasi-public utility lines and roadways, transformer
stations, communications equipment buildings, solid waste transfer sta-
I [ions, major water storage tanks, and appurtenant small buildings such as "June a,
~ booster pumping stations, but not including offices or yazds for equip- §20~
men[, material, vehicle storage, repair or maintenance, or treatment counties u
4 plants, or corporation yazds, or other like stmctures;
(8) Retention, restoration, rehabilitation, or improvement of buildings or sites conservati
! of historic or scenic interest; land and t
(9) Roadside stands for the sale of agricultural products grown on the prem- (b)
~ i ises; section 2f
(10) Buildings and uses, including but not limited to mills, storage, and accessory
f r processing facilities, maintenance facilities, and vehicle and equipment be further
storage azeas [hat are normally considered dtrecdy accessory to the by special
[oral distri
abovementioned uses and aze permitted under section 205-2(d); ordinance.
(11) Agricultural pazks; or
(12) Wind energy facilities, including the appurtenances associated with the agricultur;
' production and transmission of wind generated energy; provided that county fin
such facilities and appurtenances are compatible with agriculture uses and cannot orb
' cause minimal adverse impact on agricultural land. allow lot s
(b) Uses no[ expressly permitted in subsection (a) shall be prohibited, except by a cons
. the uses permitted as provided in section 205-6 and section 205-8, and construction division tt
of single-family dwellings on lots existing before June 4, 1976. Any other law to the increase ii
104 ~
W
a
Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be
designated on the zoning map by the symbol "A" followed by a number togethcr with the lower
case letter "a" which indicates the required or minimum number of acres for each building site.
For example, A-1 Oa means an agricultural district with a minimum building site area often acres.
Section 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A distriM:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Animal hospitals.
(4) Aquaculture.
(5) Botanical gardens, nurseries and green houses, seed farms, plant
experimental stations, azboretums, floriculture, and similaz uses dealing with the growing of
plants.
(6) Campgrounds, pazks, playgrounds, tennis courts, swimming pools, and other
similaz open azea recreational facilities, where none of the recreational features are entirely
enclosed in a building.
(7) Cemeteries and mausoleums, as permitted under Chapter 6, article 1 of this
code. "
(8) Crop production.
(9) Dwelling, one single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-77(b).
(10) Farm dwellings, as permitted under section 25-5-77(b) and (c).
(11) Fertilizer yazds utilizing only manure and soil, for commercial use.
(12) Forestry.
(13) Game and fish propagation.
(14) Group living facilities.
(15) Kennels.
(16) Livestock production, provided that piggeries, apiaries, and pen feeding of
livestock shall only be located on sites approved by the state department of health and the
94
director, and must be located no closer than one thousand feet away from any major public street
or from any other zoning district.
(17) Public uses and structures which are necessary for agricultural practices.
(18) Retention, restoration, rehabilitation, or improvement of building or sites of
historic or scenic interest.
(19) Riding academies, and rental or boazding stables.
' (20) Roadside stands for the sale of agricultural products grown on the premises.
(21) Telecommunication antennas, as permitted under section 25-4-12.
(22) Utility substations, as permitted under section 25-4-11.
(23) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing and livestock
production.
(24) Veterinary establishments.
(25) Wind energy facilities.
(b) The following use may be permitted in the A district, provided that a use permit is
issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses.
(c) The following uses may be permitted in the A district, provided that a special permit
is obtained for such use if the building site is located within the state land use agricultural
district:
(1) Adult day care homes.
(2) Ai~elds, heliports, and private landing strips.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Community buildings, as permitted under section 25-4-11.
(5) Excavation or removal of natural building material or minerals, for
commercial use.
(6) Family child caze homes.
(7) Guest ranches.
(8) Home occupations, as permitted under section 25-4-13.
95
(9) Lodges.
(]0) Meeting facilities.
jl ])'Model homes, as permitted under section 25-4-8.
(12) Public dumps.
(13) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Trailer parks with density of three thousand five hundred square feet of
land area per trailer, provided that plan approval is secured prior to commencing such use.
(16) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(d) The following uses may be permitted in the A district, provided that either a use
permit is issued for each use if the building site is outside of the state land use agricultural
district or a special permit is issued for each use if the building site is within the state land use
agricultural district:
(1) Crematoriums.
(2) Churches, temples and synagogues.
(3) Day care centers.
(4) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(5) Major outdoor amusement and recreation facilities.
(6) Mortuaries.
(7) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the A district.
(f) No building site shall be established after December I, 1996 which shall in any way
restrict or limit aquaculture, horticulture, production of crops, keeping of livestock, game and
fish propagation, or the processing, sale or other commercial use of the products of such uses.
Section 25-5-73. Height limit. The height limit in the A district shall be thirty-five feet
•for any residential structure, including any single-family dwelling, or farm dwelling, and
forty-five feet for all other structures. The director.may, however, permit by plan approval, any
96