HomeMy WebLinkAboutBIL 227 Draft 01 2014-2016 cP.•' cr M,�+'
COUNTY OF HAWAII -si.4 jj * STATE OF HAWAII
BILL NO. 227
ORDINANCE NO.
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 Hawai`i County
Code 1983 (2005 Edition, as amended), is amended by amending the definition of"Agricultural
tourism" to read as follows:
""Agricultural tourism" means [.' ' . - . . $ - -- •. • • • •- - • •-• •
- . - . . - - : . . . . - . . . . . : . --, • -, -
agricultural products processing facility.] 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, and includes the sale of agricultural products
and agriculturally-related products. The term "agricultural tourism" does not include educational
tours sponsored and conducted by public or private schools located within the County."
SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawai`i 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; apiary activities, including but not limited to royal jelly, bee pollen,
and beeswax; farming or ranching activities or uses related to animal husbandry, aquaculture, or
game and fish propagation; and production of compost or mulch.
"Agriculturally-related products" means items sold to attract customers and promote the
sale of agricultural products related to the farm and to agriculture in Hawai`i generally.
"Agricultural tourism, major" means an agricultural tourism operation that qualifies to host
between five thousand and thirty thousand visitors annually.
"Agricultural tourism, minor" means an agricultural tourism operation that qualifies to host
less than five thousand visitors annually."
SECTION 3. Chapter 25, article 2, division 7, section 25-2-71 of the Hawai`i County
Code 1983 (2005 Edition, as amended), is amended by amending subsection (g) to read as
follows:
"(g) Plan approval shall be required [for the establishment of any agricultural tourism
activity as permitted under section 25 '1 15(b).] for any agricultural tourism
operation as permitted under section 25-4-15(a)(2) prior to the construction or
installation of any new structure and for any addition to an existing structure that
exceeds ten percent of the existing structure."
SECTION 4. Chapter 25, article 2, division 7, section 25-2-75 of the 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.
(a) 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
so, the statement shall include the carrying capacity of any bus that
may visit the agricultural tourism operation;
(2) Adequate on-street or off street parking, [leacliii&nleaflifigd 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;
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(3) [The subject property must have an existing legal access to a public highway,
which may be via a private road or asement, an. -- • •• -
applicable county or state standards;] A statement demonstrating that the
subject property has adequate legal access to a public highway;
(4) [New] Vehicular and pedestrian access ways 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 preduct:, proce� ing, or investment, as required under section 25
�I 15(d)(1).] A statement of compliance that the applicant is engaged in
agricultural activity consistent with the provisions of section 25-4-15(d).
(b) Applicants proposing a minor agricultural tourism operation may request from the
director a waiver from the requirement for a site drainage plan as provided in
section 25-2-72, upon providing evidence to the director's satisfaction 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 Hawai`i 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, [subject to
plan approval and in conformance with section 25 4 15(d).] provided the agricultural
tourism operation conforms 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] State land
use agricultural or rural districts, or a use permit in the [state] State land use urban
district.
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(d) Agricultural tourism operations shall comply with the following regulations:
(1) Agricultural related operation: The agricultural activity or agricultural products
processing facility must have a minimum of[$10,000] $2,000 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] is
intended to achieve the minimum required gross sales[;] within the foreseeable
future;
(2) Hours of operation: 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 will be no significant adverse impact on the
surrounding neighborhood;
[(3) The agricultural tourism operation shall have a maximum of thirty thousand
visitors annually;]
(3) Noise: Agricultural tourism operations shall comply with chapter 14, article 3
of this Code and chapter 342F of the Hawai`i Revised Statutes, relating to noise,
and no sound reproducing device shall be audible beyond the boundary of the
subject property;
(4) Vehicular accommodation:
(A) There shall be adequate road and site access for fire, ambulance, police,
and any other vehicles related to emergency response;
(B) All visitor and employee parking, loading/unloading, and vehicular turn-
around areas shall be located [off street;] on-site, unless otherwise
approved by the director to ensure there will be no significant adverse
impact on the surrounding neighborhood;
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vehicular access areas, shall not exceed one thousand square feet;]
(5) Liability insurance: All agricultural tourism operations shall maintain liability
insurance in an amount customarily available for the type of agricultural
operation involved;
(6) Agricultural tourism gross revenue limitation and exceptions: Gross revenues
from agricultural tourism shall not exceed the gross revenues of the associated
agricultural activity and/or agricultural products processing facility [, including
- . - .. . - - . •- . - -, - - it can
•
products/processing income is less than fi - . - - - -- - • -
unforeseen environmental or economic conditions for not more than two
that the sale of all items which include agric. . .. _ . . . -
included in the gross revenues of the associated agricultural activity or
agricultural processing facility;] ; provided, however, this provision may be
waived if the operator can provide evidence to the director's satisfaction that: (1)
the revenue from the associated agricultural activity and/or agricultural
processing facility was adversely impacted due to unforeseen environmental or
economic conditions; or (2) the agricultural activity or agricultural products
processing facility is in a developmental stage and is therefore unable to generate
revenue in excess of the revenue generated by the agricultural tourism operation,
in which case this exception may be granted for up to three consecutive years.
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An additional exception may be approved by the director for up to nine years in
exceptional cases, such as due to extreme agricultural hardship or for production
of trees with an exceptionally long period prior to maturation of the produce;
(7) Sale of agricultural items not related to the agricultural activity where the
agricultural tourism operation is established: 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[..-] provided, the revenue from off-site produce
and agricultural products does not exceed the revenue from the sale of on-site
produce and agricultural products. Juice and water products may be sold in
unlimited quantities;
(8) Incidental sales of non-agricultural promotional items: Incidental sales of non-
agricultural promotional items, including but not limited to, coffee mugs, tee
shirts, etc., shall be permitted,provided[:] the items are specifically promotional
to the site's agricultural activities and/or product;
[(A) The items are - ' - . . . • -- -' _ ' . . . . -
and/or product; and
(B) The gross revenues from the sale of non agricultural promotional items
.. ..' -- gross revenues from the agricultural tourism
activities;]
[(-8)] (9) Limitation on certain events: 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)] (10) Annual agricultural events permitted: 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[.-];.
(11)Prohibited locations: Agricultural tourism shall not be permitted in
Waipi`o Valley or in other locations where the property is not accessible
other than by four-wheel drive; and
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(12)Termination requirement: Agricultural tourism operations shall immediately
terminate upon cessation of the farming operation.
(e) Additional requirements for major agricultural tourism operations. Major
agricultural tourism operations shall comply with the following additional
regulations:
(1) Unless otherwise approved by the commission, the subject property shall
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; and
(2) Buses transporting fifteen or more passengers shall be allowed, provided
access to the major agricultural operation is available from a State or
County highway.
[(e)] (f) Any agricultural tourism [activity] operation that is not in compliance with [the
regulations-under] section 25-4-15(d) or appropriately permitted [as provided by]
pursuant to section 25-4-15(c) shall be considered illegal under this chapter, unless
otherwise noted herein.
[O] (g) Any agricultural tourism [activity] operation in the A, FA, 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] ordinance that has not received plan
approval, may continue [ . - • ! e t. ' - - •• • • •
to operate provided proof of compliance with section 25-4-15(d) is submitted to the
director on or before July 1. 2017.
[(g)] (h) Any agricultural tourism [activity] operation in the A, FA, 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[,] under
section 25-2-61, may continue such use until [May 20, 2010,] July 1, 2017, and[;] if
an application for [a special permit or a use permit has been received and accepted by
May 20, 2010,] plan approval under section 25-2-71 or a special permit under 25-2-
61 has been received by July 1, 2017, may continue such use until final action has
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been taken on the application. After [May 20, 2010,] July 1, 2017, or denial of the
application, whichever occurs later, the operator shall have ninety days to cease and
desist with all agricultural tourism operations. Any continued use beyond those ninety
days shall be considered illegal under this chapter.
continue to operate under the terms and conditions of the special permit, or apply to
section 25 '1 15(d).]
(i) An agricultural tourism [activity] operation 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 permitEl within ninety
days of noncompliance, [but] and may continue to operate until a final decision is
made on the plan approval or special permit application.
(j) An agricultural tourism [activity] operation [which has received plan approval] shall
register with the department annually on a form prescribed by the director and submit
financial records and a daily visitor count record to the director on [request] an annual
basis to verify compliance with this section, [. •: -. - • - • - • • • -
. . -• - - -- . - . - . . .] in such format as the director
may require. The daily visitor count record shall also be furnished to the director
upon request. The annual registration form shall include:
(1) Location of the agricultural tourism operation, including both the physical
address and tax map key(s);
(2) Description of the agricultural activity practiced at the provided location;
(3) Description of the type of agricultural tourism that will be conducted, including
anticipated visitor counts, vehicles that may be utilized, and items that may be
offered for sale; and
(4) Contact information, including telephone (day and night), mailing address, and
email (if applicable).
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Each operation shall require separate registrations and a processing fee of$100 per
location. The director may request additional information pertinent to the registration of the
agricultural tourism operations provided the requested information is relevant to the
provisions of this chapter, and further provided that the information is not protected
intellectual property.
(k) The director may use observations of visitor arrivals, including bus traffic, in
estimating whether an agricultural tourism [activity] operation complies with section
25-4-15(d)[(3)], and may require that an [activity allowed with] operation obtain plan
approval or apply for a special permit based on such observations. [In that case, the
(1) The director may conduct a site inspection for any proposed agricultural
tourism operation and may make periodic inspections on any agricultural
tourism operation without prior notification.
(m) In the event of any violation of this section, the operator may be fined up to $1,000,
however unless provided otherwise in County or State law, the operator shall have
ninety days to correct the violation. If the violation continues past ninety days, the
operator may be fined $1,000 per day for each additional day that the violation
continues."
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.
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SECTION 8. This ordinance shall take effect ninety days after its approval.
INTRODUCED BY:
Akt/i
COUNCIL i BER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 979
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