HomeMy WebLinkAboutCOM 0554.006 2014-2016Margaret Wille
Council Member
District 9 - North and South Kohala
HAWAII COUNTY COUNCIL
County of Hawai 'i
Hawaii County Building Holomua Center
25 Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5
Hilo, Hawaii 96720 Waimea, Hawaii 96743
To: Dru Mamo Kanuha
Phone No. Hilo: (808) 961-8027
Phone No. Waimea: (808) 887-2043
Fax No.: (808) 887-2072
E -Mail: mwille@co.hawaii.hi.us
West Hawai'i Civic Center Bldg. A
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawai'i,96740
Hawaii County Council Members
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From: Margaret Wille, Council Member
Date: January 4th, 2016
Subject: Additional Information Regarding Bill 116 and Communication 554.5
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Attached is a copy of the current Hawai'i County Code Chapter 25 Table of Contents Section as -
1 through 25-4; as well as Section 25 -4-15 "Agricultural Tourism".
If you have any concerns, please call or email my office.
Thank you,
MW/ds
Serving the Interests of the People of Our Island
Hawaii County Is An Equal Opportunity Provider And Employer
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Ref. 'To: VPL _
Ref. Date ,IAN U_1015
2015
Chapter 25
ZONING
Article 1. General Provisions.
Section 25-1-1. Title.
Section 25-1-2. Scope, purposes and applicability.
Section 25-1-3. Severability.
Section 25-1-4. Adoption of rules.
Section 25-1-5. Definitions.
Article 2. Administration and Enforcement.
Division 1. General Administration.
Section 25-2-1.
Duties of county officers.
Section 25-2-2.
Issuance of permits or licenses in conformance with chapter.
Section 25-2-3.
Review and acceptance of applications.
Section 25-2-4.
Notice to property owners and lessees of record of pending application.
Section 25-2-5.
Public hearing notices.
Section 25-2-6.
Waiting period after denial of application.
Section 25-2-7.
Utilization of approvals within two years.
Section 25-2-8.
Effect of changing districts on prior approvals.
Section 25-2-9.
Applications including lesser actions; concurrent applications.
Section 25-2-10.
Privileges granted run with land.
Section 25-2-11.
Waiver of requirements in consolidation and resubdivision.
Section 25-2-12.
Posting of signs for public notification.
Division 2. Appeals.
Section 25-2-20.
Persons who may appeal; procedure.
Section 25-2-21.
Performance of permit conditions pending appeal.
Section 25-2-22.
Conduct of appeal hearing; costs.
Section 25-2-23.
Standard of review.
Section 25-2-24.
Adoption of rules.
Section 25-2-25.
Further. appeal rights.
Division 3. Violations, Penalties, Enforcement.
Section 25-2-30.
Violations.
Section 25-2-31.
Criminal prosecution.
Section 25-2-32.
Right of entry for authorized personnel.
Section 25-2-33.
Limited liability of authorized personnel.
Section 25-2-34.
Injunctive action.
Section 25-2-35..
Administrative enforcement.
Section 25-2-36.
Remedies cumulative.
SUPP.7 (1-2009) i
Division 4. Amendments.
Section 25-2-40.
When zoning code may be amended.
Section 25-2-41.
Who initiates amendment.
Section 25-2-42.
Amendments initiated by property owners and other persons.
Section 25-2-43.
Amendments initiated by the council and director.
Section 25-2-44.
Conditions on change of zone.
Section 25-2-45.
Nonsignificant zoning changes.
Section 25-2-46.
Concurrency requirements.
Division 5. Variances.
Section 25-2-50.
Variances permitted.
Section 25-2-51.
Grounds for variance.
Section 25-2-52.
Application for variance; requirements.
Section 25-2-53.
Notice of action on variance application.
Section 25-2-54.
Actions by director on variance.
Section 25-2-55.
Reserved.
Section 25-2-56.
Reserved.
Section 25-2-57.
Reserved.
Section 25-2-58.
Appeals.
Division 6. Use Permits.
Section 25-2-60.
Purpose.
Section 25-2-61.
Applicability; use permit required.
Section 25-2-62.
Application for use permit; requirements.
Section 25-2-63.
Procedure for use permit..
Section 25-2-64.
Action on use permit.
Section 25-2-65.
Criteria for granting a use permit.
Section 25-2-66.
Appeal of a use permit decision.
Section 25-2-67.
Revocation of a use permit.
Division 7. Plan Approval.
Section 25-2-70.
Purpose.
ection 25-2-71.
Applicability; plan approval required.
ection 25-2-72.
Application for plan approval; requirements.
Section 25-2-73.
Reserved.
Section 25-2-74:
Plan approval application requirements for telecommunication antennas.
Section 25-2-75.
Plan approval application requirements for agricultural tourism.
Section 25-2-76.
Action on plan approval application.
Section 25-2-77.
Review criteria and conditions of approval.
Section 25-2-78.
Construction in conformity with plan approval.
Section 25-2-79.
Appeal of a plan approval decision.
SUPP.7 (1-2009) ii
Article 3. Establishment of Zoning Districts.
Section 25-3-1.
Designation of districts.
Section 25-3-2.
Designation of special districts.
Section 25-3-3.
Method and effect of establishment of districts.
Section 25-3-4.
Establishment of building lines, future width lines and plan lines for future streets.
Section 25-3-5.
Application of district regulations.
Section 25-3-6.
Rules for interpretation of district boundaries.
Section 25-3-7.
District classification of streets.
Section 25-3-8.
Legal effect of establishment of building lines, future width lines, and plan line.
Section 25-4-9.
Article 4. General Development Regulations.
Division 1. Use Regulations.
Section 25-4-1.
Existing buildings.
Section 25-4-2.
Conditions for construction of buildings designed for human occupancy.
Section 25-4-3.
Establishment of permitted uses.
Section 25-4-4.
Uses prohibited.
Section X54-5.
Uses authorized by other permits.
Section 25-4-6.
Use of streets.
Section 25-4-7.
Bed and breakfast establishments.
Section 25-4-8.
Temporary real estate offices and model homes.
Section 25-4-9.
Guest houses.
Section 25-4-10.
Mobile dwellings.
Section 25-4-11.
Power lines, utility substations, public buildings.
Section 25-4-12. .
Telecommunication antennas or towers.
Section 25-4-13.
Home occupations.
Section 25-4-14.
Section 25-4-15.
Flag lots.
Agricultural tourism.
.a*
Division 2. Heights.
Section 25-4-20.
Height; general rules.
Section 25-4-21.
Basements and underground structures.
Section 25-4-22.
Exemptions from height limitations.
Section 25-4-23.
Accessory structure height limitations.
Division 3. Street Frontage, Lot Areas and Widths.
Section 25-4-30.
Minimum street frontage.
Section 25-4-31.
Minimum building site area; minimum average width. .
Section 25-4-32.
Reduction of building site below minimum area.
Section 25-4-33.
Effect of delinquent tax sale; recordation of land.
Section 25-4-34.
Waiver of minimum building site area for utilities.
iii SUPP.10 (7-2010)
ZONING § 25-4-14
(3) The building site area, including the access drive, shall be the minimum building site.area required
for the zoning district.
(4) The minimum yards for a flag lot, excluding the access drive, shall be the minimum side yards
required for a building site in the applicable zoning district.
(1996, Ord. No. 96-160; sec. 2; ratified April 6, 1999; Am. 2001, Ord. No. 01-108, sec. 1.)
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 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 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;
(2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m.
daily;
(3) The agricultural tourism operation shall have a maximum of thirty thousand visitors annually;
(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) Gross revenues from agricultural tourism shall not exceed the gross revenues of the associated
agricultural activity and/or agricultural products processing facility, including revenues from
adjacent parcels under the same ownership, except where it can be demonstrated to -the director's
satisfaction that the gross agricultural products/processing income is'less than fifty percent of the
total income due to unforeseen environmental or economic conditions for not more than two
consecutive years, or, in the case of a new agricultural activity or agricultural products processing
facility, that sufficient investment has been made so that it is reasonable to project that the
operation's gross revenues from agricultural tourism will not exceed fifty percent.of gross revenues,
and provided further, that the sale of all items which include agricultural products grown or
processed by the associated agricultural activity or agricultural processing facility. shall be included
in the gross revenues of the associated agricultural activity or agricultural processing facility;
(7) 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
25-34.1 SUPP.7 (1-2009)
§ 25-4-15 HAWAII COUNTY CODE
(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; and
(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.
(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 conforming to the standards contained in section 25-4-15(d) and that has not
received plan approval, may continue such use until May 20, 2010. After this date, continued use without
having received plan approval shall be considered illegal under 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 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).
(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 a special permit, but
may continue to operate until a final decision is made on the special permit application.
(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 beTurnished 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 section 25-4-15(d)(3), and may require that an activity
allowed with plan approval apply for a special permit based on such observations. In that case, the
activity may continue until a final decision is made on the special permit.
(2008, Ord. No. 08-155, sec. 9; Am. 2009, Ord. No. 09-143, sec. 2.)
Intentionally left blank.
SUPP.9 (1-2010) 25-34.2