HomeMy WebLinkAboutBIL 116 Draft 01 2014-2016OFFICE INFORMATION ONLY
Meeting: Planning Committee —April 5, 2016
Action: Postponed to call of Chair; never taken back up.
Re: Hill 116; Comm. 554 (2014-2016 term)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
116
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 2, AND
ARTICLE 4 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, section 25-1-5, subsection (b) of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending the definition of "Agricultural
tourism" to read as follows:
""Agricultural tourism" means [visitor- r-'�teeaefeial ativities c pefio "" speei '
] the activity of visiting an agribusiness, horticultural,
aquacultural or agricultural operation that is managed by the owner or by an operator residing at
the subject property, 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, section 25-1-5, subsection (b) of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by adding the following definitions to be
appropriately inserted and to read as follows:
"Agricultural products" means the commodities resulting from income producing activities
or uses such as the cultivation of crops including but not limited to flowers vegetables, foliage,
fruits forage and timber-, farming or ranching activities or uses related to animal husbandry,
aquaculture or game and fish propagation; and production of compost or mulch."
"Agricultural tourism major" means an agriculture tourism operation which has between
five thousand and thirty thousand visitors annually."
"Agricultural tourism minor" means an agricultural tourism operation which has less than
five thousand visitors annually."
SECTION 3. Chapter 25, article 2, division 7, section 25-2-71 of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (g) to read as
follows:
"(g) Plan approval shall be required [fof the * b '' f any agfietiltufal totifi ,...
aefivity,] prior to the construction or installation of any new structure or
development for any agricultural tourism operation or any addition to an existing
structure or development which is to be used for a major agricultural tourism
operation, as permitted under section 25-4-15(b)."
SECTION 4. Chapter 25, article 2, division 7, section 25-2-75 of the 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.
Laj 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[;], and if buses
are permitted the maximum number of seats;
(2) Adequate off street parking, [' .,ding/un1ea4iPg,] 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) [ ] Major agricultural tourism operations, must have an
existing physical legal access to a public highway, which may be via a private
road or easement, provided the private road or easement is used exclusively
by the agricultural operation.
(4) [and ne�A ] New driveways shall meet applicable [eeuty] County or [state]
State standards;
[(m](5) New and existing facilities to be utilized principally for the agricultural
tourism activity shall be clearly indicated on the plot plan; [ansa
exeeea one ti, af t in total area, not , eluding purling and
z
vehicular and-]
2
[(�](6) 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
Proof of liability insurance.
Applicants proposing a minor agricultural tourism operation may request a waiver
from the planning department from the requirement for a site drainage plan as
provided in section 25-2-72 upon a showing that there would be no significant run-
off resulting from the proposed development."
SECTION 5. Chapter 25, article 4, division 1, section 25-4-15 of the Hawaii County
Code 1983 (2005 Edition, as amended), 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.
(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, [subjeet to]
if the activity conforms with section 25-4-15(d) and plan approval is obtained [and in
(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) [ ] Maior
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[;]. Minor agricultural tourism
operations shall submit evidence of filing an IRS 1040 form Schedule F (Profit
and Loss from Farming) or such other IRS form showing profit and loss from
farming;
�3)](2) [the] A minor agricultural tourism operation shall have a maximum of [4+irty
thousand visiter-s annual!y] five thousand visitors annually, but not to exceed
one hundred visitors per week 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, unless
otherwise approved by the commission to ensure that the allowance for an
increase in visitor count will not have an adverse environmental impact and that
the proposed operation will be compatible with the use of land in the
surrounding neighborhood;
Agricultural tourism activities shall not commence prior to 8:00 a.m. or
continue past 6:00 p.m. daily[;] unless otherwise approved by the commission
upon a finding there would be no adverse impact on the surrounding area;
In the case of major agricultural tourism operations unless otherwise approved
by the Planning Commission the subject property must have an existing legal
access to a public highway, which may be via a private road or easement
provided the private road or easement is used exclusively by the agricultural
operation and any new driveways shall meet applicable County or State
standards;
Agricultural tourism operations shall comply with chapter 14, article 3 of this
Code and chapter 342F of the Hawaii Revised Statutes, relating to noise;
[{4}] (6) All visitor and employee parking, loading/unloading, and vehicular turn-
around areas shall be located [off street;] on-site unless otherwise approved by
the commission to ensure there would be no adverse impact on the surrounding
neighborhood;
11
Maintain liability insurance;
[(64] (8) Gross revenues from agricultural tourism shall not exceed the gross revenues
of the associated agricultural activity and/or agricultural products processing
facility[,including a.r par-eelsnt under the same ownership,]
except where ['t be demonstra4ed to the di t t' f do that the
rrr�mrcccor ��cccr�racrrarr-crmr�c-givss
hur-al pfeduets�pfoeessing iineome is less than fifty per-eent of the total
i ex�e] due to unforeseen environmental or economic conditions [ fe
than two eonsee„tive yo ^r,], or, for up to five gars in the case of a new
agricultural activity or agricultural products processing facility [, that su ffiei
investaient has been made so that it is reasonable to projeet that the opefa4i
For major agricultural tourism aerations buses transporting fifteen or more
passengers shall be allowed provided access to the major agricultural operation
is available from a State or County road. For minor agricultural tourism
operations, buses transporting up to fifteen passengers shall be allowed;
[(J)] (10) Sales of agricultural products grown on the island of Hawaii, and
processed agricultural products where the main ingredient was grown on the
island of Hawaii 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;
[(&)]0 1) 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)](12 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 agricultural tourism activity in the A, IA, FA, RA, or APD districts, existing
prior to the effective date of this section [and eof ..m ing to the standards ent,;,,oa
in seeti ,n 25 n 15(d) and] that has not received plan approval, may continue such use
[untilMa�, 20, 20'.�After this date, eontintied use without i,,,.,ing r e ,oa pla
appr-oval shall be ^ sider-ed illegal u nd�this ehaptef.] subject to providing_ proof of
compliance with this chanter within twelve months of 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 until May 20,
2010, and, if an application for a special permit or a use permit has been received and
accepted by May 20, 2010, may continue such use until final action has been taken on
the application. After May 20, 2010, 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).
2
(i) An agricultural tourism activity that [obtains plan approval, but] becomes non-
compliant with the standards of section 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 [whi^h has ^owed plan appfe al] shall submit
financial records and a daily visitor count record to the director [on r-equest] on an
annual basis to verify compliance with this section, [and shall ffl .rota, a eott ^r
sitars i4iiei, shall be A,..y ishea to the difee*^r on est.] in such format as the
director may require. The daily visitor count record shall also be furnished to the
director upon request.
(k) The director may use observations of visitor arrivals, including bus traffic, in
estimating whether an agricultural tourism activity complies with section 25-4-
15(d)[(3)] (22), and may require that an activity [ ] 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 6. 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 7. If any provision of this ordinance or the application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance, which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are declared to be severable.
7
SECTION 8. This ordinance shall take effect ninety days after its approval.
INTRODUCED BY:
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 554