HomeMy WebLinkAboutCOM 0979.008 2014-2016 Phone No. Hilo: (808)961-8027,
Margaret Wille . .•:.:-;;#11.51f
Council Member Phone No. Waimea: (808)887-2043
•� �6i!' `'
District 9-North and South Kohala Fax No.: (808)887-2072
�....� * E-Mail: mwille@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawai i
Hawai'i County Building Holomua Center West Hawai`i Civic Center Bldg.A
25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalole Hwy.
Hilo, Hawaii 96720 Waimea, Hawai'i 96743 Kailua-Kona, Hawai'i,96740
49 I �lr
TO: Dru Mamo Kanuha, Council Chair tie
And Members of the Hawai`i County Council
FROM: Margaret Wille, Council Member
DATE: October 14, 2016
SUBJECT: Bill No. 227—Agricultural Tourism
Please find attached the following additional information for use during the Bill 227, Draft 2
discussion on October 18, 2016.
1. Hawai`i County Code—Chapter 25 regarding Agricultural Tourism Zoning
2. Hawai`i State laws regarding Agricultural Tourism Zoning
3. Hawai`i County Planning Department form regarding Agricultural Tourism Certification
Thank you.
MW/dh
att
comm.No, ` i t•g
Ref.To: ['I
Ref.Date Det.g zoLL
Serving the Interests of the People of Our Island
Hawai`i County Is An Equal Opportunity Provider And Employer
Article 1. General Provisions.
Section 2544. corti6--
Title. ' .. *eV t=---~�'dme isshall be known as the zoning provisions of this chapter, inclusive of any amen code.
(1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-1-2. Scope, purposes and applicability.
(a) This chapter shall be applied and administered within the framework of the general plan which is a
long-range, comprehensive, general plan prepared to guide the overall future development of the County.
(b) For the purpose of promoting health, safety, morals, or the general welfare of the County, this chapter
regulates and restricts the height, size of buildings, and other structures, the percentage of a building site
that may be occupied, off-street parking, setbacks, size of yards, courts, and other open spaces, the
density of population, and the location and use of buildings, structures, and land for trade, industry,
residence, or other purposes. Should any conflict between this chapter and other parts of the Code exist,
this chapter shall prevail.
Section 25-1-5. Definitions.
(a) Building construction and development terms that are not defined in this chapter shall be given their
respective definitions as found in the building code(chapter 5).
(b) The following words and phrases, unless the context otherwise requires, are defined as follows:
"Accessory building" means a building, no more than twenty feet in height, detached from and
subordinate to a main building or main use on the same building site and used for the purposes customarily
incidental to those of the main building or use.
"Accessory use" means a use which is customarily associated with and subordinate to the main or
principal use and which is located on the same building site as the main or principal use.
"Adult day care home" means a private residence, approved by the state, providing supportive and
protective care, without overnight accommodations, to a limited number of adult disabled or aged persons. The
term shall not include day care centers for elderly, disabled and aged persons as defined by chapter 346, part
IV, Hawaii Revised Statutes, as amended.
"Agricultural activities" means income producing activities or uses as characterized by the cultivation of
crops, including but not limited to flowers, vegetables, foliage, fruits, forage, and timber; and farming or
ranching activities or uses related to animal husbandry, aquaculture, or game and fish propagation.
�....-• "Agricultural products processing, major" means activities involving a variety of operations on crops or
livestock which may generate dust, noise, odors, pollutants or visual impacts that could adversely affect
adjacent properties. These uses include, but are not limited to, slaughterhouses, mills, refineries, canneries and
milk processing plants.
"Agricultural products processing, minor" means activities used for crop production, which are not
regulated as major agricultural products processing and which involve a variety of operations on crops after
harvest to prepare them for market, or further processing and packaging at a distance from the agricultural
area. Included activities are cleaning, milling, pulping, drying, roasting, hulling, storing, packing, honey
processing, poi-making, selling and other similar activities. Also included are the facilities or buildings related
to such activities.
�-- "Agricultural tourism" means visitor-related commercial activities or periodic special events designed to
promote agricultural activities conducted on a working farm, ranch, or agricultural products processing
facility.
3
n n ofit 7 ,
arM k
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out,',,i,,a: ...„," rova . l✓� ; Lde
Division 7.Plan App
Section 25-2-70. Purpose.
Plan approval provides a method of allowing closerinspection rnce�withcertain
the general plan, to assureinspection
that the
all development in certain districts in order to ensure ca
intent and purpose of this chapter are carried out, and to ensure pertinent conditions of previous approvals
related to the development have been implemented.
(1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.)
Section 25-2-71. Applicability; plan approval required.
(a) Plan approval shall berequired prior to the construction or installation of any new structure or
in all
tricts except
the
p
, RA,
devela ment or any addition to an existing structure or devepent
le-familysdwell ng andiany accessory
FA, A and IA districts, and except for the construction
buildings per lot. ty c 0 ,.,
Section 25-2-72. Application fa` plan approval; ..quirements.
An application for plan. approva
form approved for such purpose by the director and shall
be accompanied by:
(1) A site plan,drawn to scale and fully dimensioned indicating clearly the following information:
(A) The location and dimension of the building site;
(B) The location,size,height, and use of all existing and proposed structures;
(C) All yards and open spaces;
(D) Location, height, and material of all fences and walls;
(E) The standard of improvement and location, n loading fad size of vi ties includingr pointsof
and on-site circulation of all off-street parking and
access thereto from adjoining streets;
(F) The location, general nature, and type, and protection or shielding devices of all exterior
lighting;
(0) All proposed landscaping and planting; and
(H) All proposed street dedication and improvement if any.
?) Any other information required by rules adopted by the director in accordance with chapter 91,
( Hawai`i Revised Statutes. roved by the director of public works, where plan
(3) A site drainage plan [under section 27-20] app
approval is required under section 25-2-71(a), (c)(2) and (c)(5), (d), (e), or (fl. The site drainage
plan shall comply with section 27-20(a) and (b) and section 27-24, and shall include a storm water
disposal system to contain runoff caused by the proposed
l ownlopin elle te department of public, within the se boundaries,
works
up to the expected one-hour, ten year storm event,
"Storm Drainage Standards," dated October 1970, or any approved revision, unless those standards
specify a greater recurrence interval.. The amount of Standardscted �ff d ted Octoberhall be a1970�coror any
to the department of public works "Storm Drainage
approved revision, or by any nationally-recognized method meeting with the approval of the
s. Storm
director of public works. Runoff calculatiol �ationshall
basin�eorhathefer approved fects of all i�filtrationtrnethods.
water shall be disposed into drywells, infiltration
The development shall not alter the general dm 2007, Ord11Nbove ve or belseow
3 the
e development.
(1996, Ord.No. 96-160, sec. 2; ratified April 6,
`tea <w<: r. -
25-25 SUPP. 15 (1-2013)
Section 25-2-75. Plan approval alication requirements for agricultural totirlatn.
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;
(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).
(2008, Ord. No. 08-155, sec. 4.)
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 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.
(c) 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.
SUPP. 15 (1-2013) 25-25.1
(1-606t / CVOS,
-P\-V1/4k.c. .z, C.,;(z f\-Q7\c(VshaN Phpfro:1\11--PQ.CAP."
\)5
---> Section 25-4-15. Agricultural tourism.
(a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities in the CG, CDII,
CV, CN, ML, MG, and IvICX 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:
(I) 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 Hawai`i, 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, R.A., 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 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 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
(112_1) §205-5 Zoning. *** il
(b) Within agricultural districts, uses compatibletoshtahlel beapermitted;
provided
de-
scribed in section 205-2 as determined by the commission
provided that accessory agricultural uses and servicesdeszcornibinegd ionrdsencitainocnes.2E0a50-h2
and 21. =7--,4,ayb_e_fur.ther denned by each county by
for
coun shalla,;opt ordinances setting forth PrZZE-dbres andTeTilie-msei2nh(s—Ti-
t,
cludin: ons for enforcement, penalties, amnduses admand inistraactivitiestiveovas ean r
the review and permitting of azicultural tourism
acces-
sory use on a working farm, or farming operation as defined in section 165-2.
Ordinances shall include but not be limited to:
(1) Requirements for access to a farm. including road width, road sur-
face, and parking;
(2) Requirements and restrictions for accessory facilities connected with
the farming operation, including gift shops and restaurants;
(3) Activities that may be offered by the farming operation for visitors;
(4) Days and hours of operation; and
(5) Automatic termination of the accessory use upon the cessation of the
farming operation.
Each county may require an environmental assessment under chapter 343 as
a condition to any agricultural tourism use and activity. Other uses may be al-
lowed by special permits issued pursuant to this chapter. The minimum lot size
in agricultural districts shall be determined by each county by zoning ordinance,
subdivision ordinance,or other lawful means;provided that the minimum lot size
for any agricultural use shall not be less than one acre,except as provided herein.
If the county finds that unreasonable economic hardship to the owner or lessee
of land cannot otherwise be prevented or where land utilization is improved, the
county may allow lot sizes of less than the minimum lot size as specified by law
for lots created by a consolidation of existing lots within an agricultural district
and the resubdivision thereof;provided that the consolidation and resubdivision
do not result in an increase in the number of lots over the number existing prior
to consolidation;and provided further that in no event shall a lot which is equal
to or exceeds the minimum lot size of one acre be less than that minimum after
the consolidation and resubdivision action. The county may also allow lot sizes
of less than the minimum lot size as specified by law for lots created or used
for plantation community subdivisions as defined in section 205-4.5(a)(12), for
public, private, and quasi-public utility purposes, and for lots resulting from the
subdivision of abandoned roadways and railroad easements.
T2s &,O - r2 e _o 1 etd,rKiliti- —
9 o (c�� clgricol "(1 his i
s ,1 i;
se -- (d) A4.941114.- ddislrjc.„Lshall_ include: ''
of (1) Activities or uses as characterized by the cultivation of crops, crops },,I
in for bioenergy, orchards, forage, and forestry; ,,
all (2) Farming activities or uses related to animal husbandry and game and r '''
at fish propagation; .:
in i (3) Aquaculture, which means the production of aquatic plant and ani- I �,
'he mal life within ponds and other bodies of water; ;
ers (4) Wind generated energy production for public, private, and commer- l
be cial use; II.11
Six (5) Biofuel production, as described in section 205-4.5(a)(16), for public, h 1r
private, and commercial use; 1 "'�
nic (6) Solar energy facilities;provided that: '1
;CC- (A) This paragraph shall apply only to land with soil classified by theli,1
land study bureau's detailed land classification as overall (mas- I1 ;t
.ies, ter)productivity rating class B, C, D, or E; and ;:
icer (B) Solar energy facilities placed within land with soil classified as . 1
Rall overall productivity rating class B or C shall not occupy more + %''
ake than ten per cent of the acreage of the parcel,or twenty acres of d ;
;a y land, whichever is lesser, unless a special use permit is granted r
and pursuant to section 205-6;
ules (7) Bona fide agricultural services and uses that support the agricultural ' 4
;nts, activities of the fee or leasehold owner of the property and acces- ��
the sory to any of the above activities, regardless of whether conducted �;l
193, on the same premises as the agricultural activities to which they are ; 1'`.
§8; accessory,including farm dwellings as defined in section 205-4.5(a)(4), 1; qj
employee housing, farm buildings, mills, storage facilities, processing 1 lil
facilities.photovoltaic,biogas,and other small-scale renewable energy 1;
systems producing energy solely for use in the agricultural activities of I �''�
>rdi- the fee or leasehold owner of the property, agricultural-energy facili- t) !1 ,,
ed. ties as defined in section 205-4.5(a)(17), hydroelectric facilities in ac- „ ,,, .
ition cordance with section 205-4.5(a)(23). vehicle and equipment storage .,E`}},R,
per- areas, and plantation community subdivisions as defined in section ( l'4
205-4.5(a)(12): _i.
low (8) Wind machines and wind farms; �.�
acre, (91 Small-scale meteorological. air quality, noise.and other scientific and i ,i;
areas environmental data collection and monitoring facilities occupying less ` ' E
level than one-half acre of land: provided that these facilities shall riot be i �t,
nsity used as or equipped for use as living quarters or dwellings; ,':(I
, the (10) Agricultural parks:
113 1 `'”
.."- PLANNING AND ECONOMIC DEVELOPMENT
Agricultural tourism conducted on a working farm, or a farming op-
eration as defined in section 165-2, for the enjoyment, education, or
involvement of visitors;provided that the agricultural tourism activity
is accessory and secondary to the principal agricultural use and does
not interfere with surrounding farm operations; and provided further
that this paragraph shall apply only to a county that has adopted or-
dinances regulating agricultural tourism under section 205-5;
(12) Agricultural tourism activities, including overnight accommodations
of twenty-one days or less, for any one stay within a county; provid-
ed that this paragraph shall apply only to a county that includes at
least three islands and has adopted ordinances regulating agricultural
tourism activities pursuant to section 205-5; provided further that the
agricultural tourism activities coexist with a bona fide agricultural
activity. For the purposes of this paragraph, "bona fide agricultural
activity"means a farming operation as defined in section 165-2;
(13) Open area recreational facilities;
(14) Geothermal resources exploration and geothermal resources develop-
ment, as defined under section 182-1;and
• gricultural-based commercial operations, including:
(A) A roadside stand that is not an enclosed structure, owned and
operated by a producer for the display and sale of agricultural
products grown in Hawaii and value-added products that were
produced using agricultural products grown in Hawaii;
(B) Retail activities in an enclosed structure owned and operated
by a producer for the display and sale of agricultural products
grown in Hawaii, value-added products that were produced us-
ing agricultural products grown in Hawaii, logo items related to
the producer's agricultural operations,and other food items;and
(C) A retail food establishment owned and operated by a producer
and permitted under title 1 1, chapter 12 of the rules of the de-
partment of health that prepares and serves food at retail using
products grown in Hawaii and value-added products that were
produced using agricultural products grown in Hawaii.
The owner of an agricultural-based commercial operation shall cer-
tify, upon request of an officer or agent charged with enforcement
of this chapter under section 205-12, that the agricultural products
displayed or sold by the operation meet the requirements of this
paragraph.
Agricultural districts shall not include golf courses and golf driving ranges, ex-
cept as provided in section 205-4.5(d). Agricultural districts include areas that
are not used for, or that are not suited to, agricultural and ancillary activities by
reason of topography, soils, and other related characteristics.
(e) Conservation dis 'cts shall include ar;pis necessary for protecting wa-
tersheds and water sources; pr erving scenic , d historic areas; providing park
lands, wilderness, and beach reserves; conse ng indigenous or endemic plants,
fish, and wildlife, including those which are reatened or endangered; prevent-
ing floods and soil erosion: forestry; opep 'ace areas whose existing openness,
natural condition,or present state of use,' .retained, would enhance the present
or potential value of abutting or surrou ding,communities, or would maintain
or enhance the conservation of natur or sce'ttic resources; areas of value for
recreational purposes: other related a ivities; anther permitted uses not det-
rimental to a multiple use conservati n concept.Conservation districts shall also
114
= y - County of Hawaii Planning Department
'r�;,y;-° r'•, www.cohplanningdept.com • ptanning®co.hawaii.hi.us
East Hawaii Office• 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
'+or"-• West Hawaii Office • 74-5044 Ane Keohokalole Hwy • Kail'ua-Kona,Hawai`i 96740
Phone(808)323-4770 Fax(808)327-3563
AGRICULTURAL-BASED COMMERCIAL OPERATION CERTIFICATION
Agricultural-based commercial operations are allowed on all County of Hawai`i zoned lands within the
State Land Use AGRICULTURAL district. Hawai`i Revised Statutes(HRS),Chapter 205-2(d)(15)
states:
"d) Agricultural districts shall include:
....(15) Agricultural-based commercial operations, including:
(A) A roadside stand that is not an enclosed structure, owned and operated by a producer for the
display and sale of agricultural products grown in Hawaii and value-added products that
were produced using agricultural products grown in Hawai'i;
(B) Retail activities in an enclosed structure owned and operated by a producer for the display
and sale of agricultural products grown in Hawai'i, value-added products that were
produced using agricultural products grown in Hawai'i, logo items related to the producer's
agricultural operations, and other food items; and
(C) A retail food establishment owned and operated by a producer and permitted under Title 11,
Chapter 12 of the rules of the Department of Health that prepares and serves food at retail
using products grown in Hawaii and value-added products that were produced using
agricultural products grown in Hawai'i.
The owner of an agricultural-based commercial operation shall certify, upon request of an officer
or agent charged with enforcement of this chapter under section 205-12, that the agricultural
products displayed or sold by the operation meets the requirements of this paragraph."
CERTIFICATION: I, ,CERTIFY THAT I
HAVE READ THE ABOVE AND THAT THE AGRICULTURAL PRODUCTS
DISPLAYED OR SOLD BY THIS OPERATION MEET THE REQUIREMENTS OF
HRS,CHAPTER 205-2(D)(15).I AM THE AGRICULTURAL PRODUCER WHO
OWNS AND OPERATES THIS AGRICULTURAL-BASED COMMERCIAL
OPERATION. I HAVE A COPY OF THIS SIGNED CERTIFICATION.
Owner/Producer/Operator's Name(print) Owner/Producer/Operator's Signature
TMK: Date:
Phone Email:
number:
If the operator cannot meet the requirements of HRS,205-2(d)(15),a Special Permit is required. Contact
Planning Division staff at(808)961-8288 for additional information about the Special Permit application
process.
(over)
Landowner(s): (print)
Landowner(s): (sign)
Location
(Address):
Description of Agricultural-based Commercial Operation(Type of activity;type and size of
structures;days/hours of operation;expected number of vehicles;number of off-street parking stalls,ADA
parking,etc.):
Primary Hawaii-Grown
Agricultural Products Promoted:
Other
Information:
Clearance(To be completed by Planning Department):
SLU: Zoning: Size of Property: District:
ALLOWED NOT ALLOWED:SPECIAL PERMIT REQUIRED
Comments:
Planning Department Reviewer: ---. Date:
P: Forms&References',E-FQrms'Forms Currently in Use Ag-Based Commercial Ops Cert.doc
Revised 3%2112014
Revised: 10/27/15
Agricultural-related Activities
1. Describe in detail, the Agricultural activity you want to operate on your property.
2. Is owner/operator growing or raising Agriculture on the subject property or on other
property owned or leased? List what is grown.
3. Will owner/operator sell what is grown or raised in its raw form? List what will be
sold.
4. Will the owner/operator process, package, sell what is grown on the premises?
5. Will owner/operator use what is grown or raised to create a finished commercial
product that will be sold/served on the premises? List items to be sold.
6. Will owner/operator use what is locally grown or raised by others in creating!
serving the commercial product? List all ingredients.
7. Will the owner/operator need to use ingredients or serve items that are not locally
grown?
8. Will owner/operator create and sell value-added products on the premises? List
items.
9. Will owner/operator sell logo items related to the ag operations and other food
items? List items.
10. What type of structure will be built for your business operation?
11. Is a retail food establishment permit required from DOH? If Yes, Certification
required that you are in compliance with DOH rules.
12. If proposing Ag-based Commercial Operation what type of operation are you
proposing?
Categories:
❑ Determination: Ag-Processing Minor
❑ Determination: Ag-Processing Major
❑ Determination: Ag-Tourism
❑ Determination: Special Permit
❑ Determination: Ag-based Commercial (A) Roadside stand (Sell Ag products
grown in HI & valued- added products using locally-grown)
❑ Determination: Ag-based Commercial (B) Retail activities in Enclosed structure
(Sells Ag products grown in HI, value-added, logo, food)
Revised: 10/27/15
❑ Determination: Ag-based Commercial (C) Retail Food Establishment
(prepare/serve food in facility approved by DOH)