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HomeMy WebLinkAbout2025-09-04 PD PowerPoint Presentation PL-CCI-2025-011 COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 25 , ARTICLE 1 , ARTICLE 4 , AND ARTICLE 5 OF THE HAWAI ' l COUNTY CODE 1983 ( 2016 EDITION , AS AMENDED ) , RELATING TO ZONING DISTRICT REGULATIONS FOR HENNEPIES �. ; Amr "� PL-CCI-2025-000011 ` . PURPOSE Of BILL 52 ------------------------------------------- The Hawaii County Council has introduced Bill No. 52 which introduces a new section to the County Zoning Code to allow for household henneries. The purpose of the bill is to: • Establish clear and consistent zoning regulations for household henneries within residential zoning districts. • Define a household hennery. • Propose standards addressing the location, size and operation of household henneries to support self-sufficiency in urban/residential areas, safeguard public health and welfare, and promote compatibility with surrounding properties. PROPOSED AMENDMENTS TO CHAPTER 25 (ZONING) Add a definition for Household Hennery to the Zoning Code: • Bill 52 seeks to amend Article 1, Section 25-1-5 (Definitions) of Chapter 25 (Zoning) by adding the following definition: "Household hennery means a parcel or lot, inhere female chickens, turkeys, ducks, geese, or other poultry are kept raised, and maintained for the non-commercial anc� consumption of eggs. " 0 PROPOSED AMENDMENTS TO CHAPTER 25 ( ZONING Bill 52 seeks to add section 25-4-17 (Household henneries). Key highlights include: (2) The number of hens may not "Section 25-4-17. Household henneries. exceed: Household henneries are permitted in the RS, RD, RM, and RCX districts, (A) 2 hens allowed for the first 3,000 subject to the following regulations: square feet; and (1) Hens must be confined to a coop, (B) 1 hen for every additional 1,000 cage, hutch, hen house, fenced square feet; area, or other enclosure: (Example: a 5,000 sq ft lot could (A) A No closer than twen feet from have a roximatel 4 hens total an residential district other pp y than RA; and (3) Roosters may not be kept on a (B) Complying with the yard household hennery; and requirements of the zoning district; (4) The sale of hens or eggs from a household hennery is prohibited." PROPOSED AMENDMENTS TO HCC, CHAPTER 15 (ZONING) This amendment adds household henneries as aKerZonngmitted use in specific zoning districts under section 25-4-17 of Code: Permitted Uses in Zoning Districts Single Family Residential Districts (RS) Double Family Residential Districts (RD) Multiple Family Residential Districts (RM) Residential-Commercial Mixed Use Districts (RCX) PLANNING DIPECTOP ' S RECOMMENDATION THE PLANNING DIRECTOR RECOMMENDS THAT THE PLANNING COMMISSION SEND A FAVORABLE RECOMMENDATION OF BILL 52 TO THE COUNTY COUNCIL WITH THE FOLLOWING SUGGESTED REVISIONS : F K K K PLANNING DIRECTOR RECOMMENDATION Recommendation #1: Revise the definition of "Household hennery" to state: "...an outdoor site on a parcel or lot that is an accessory use to a dwelling, where female chickens , ] are kept, raised, and maintained for the non-commercial production and consumption of eggs. " Reason: To clarify that a `Household hennery' is a residential accessory use for personal egg production. The revision supports zoning goals by excluding larger or disruptive poultry, like ducks and geese, which may cause noise, odor, or sanitation issues. Addresses concerns raised by the Department of Research and Development. PLANNING DIPECTOP PECOMMENDATION Recommendation #2: Refine enclosure standards in Section 25-4-17(1), by removing "fenced area" from the list of acceptable enclosures and replace it with clearer language such as, "fully enclosed area" or "other secured space". Reason: The term "fenced area" may imply a partially enclosed space, increasing the risk of free-ranging birds, nuisances, and public health issues. Replacing it with clearer terms like "fully enclosed area" or "other secured space" promotes responsible poultry management, supports neighborhood compatibility, and helps reduce noise, odor, and sanitation concerns. PLANNING DIRECTOR RECOMMENDATION Recommendation #3: Amend HCC Section 25-5-52 subsection (a) to establish "Household hennery" as a permitted use in the Residential Agricultural (RA) zoning district. Reason: To distinguish small-scale, non-commercial poultry keeping from intensive livestock operations allowed in the RA district. This amendment clarifies that a household hennery is a low-impact accessory use aligned with the rural character of the RA district. It supports food self-sufficiency while allowing standards such as reduced setbacks and enclosed areas. PLANNING DIRECTOR RECOMMENDATION Recommendation #4: Include a reference to applicable State and Federal agencies that regulate poultry keeping, including the State Department of Health (DOH), State Department of Agriculture (HDOA), and United States Department of Agriculture (USDA) to encourage adherence to applicable best management practices (BMPs) for household henneries. Reason: The County does not regulate animal health or biosecurity; these are handled by state and federal agencies. Referencing DOH, HDOA, and USDA helps clarify the County's role and guides the public to appropriate technical resources and best managment practices (BMPs). This helps minimize nuisances like noise, odor, waste, and pests, ensuring safe and compatible hen keeping in residential areas. NEXT STEPS THE WINDWARD AND LEEWARD PLANNING COMMISSIONS ARE REQUIRED TO TAKE ACTION ON BILL 52 AND TRANSMIT THEIR RECOMMENDATIONS TO THE COUNCIL BY SEPTEMBER 17, 2025. THE COMMISSIONS SHALL RECOMMEND APPROVAL IN WHOLE OR IN PART, WITH OR WITHOUT MODIFICATIONS, OR REJECTION OF THE PROPOSED BILL. EACH COMMISSION'S RECOMMENDATIONS WILL BE FORWARDED SEPARATELY, BUT AT THE SAME TIME, TO THE COUNTY COUNCIL FOR THEIR CONSIDERATION AND DECISION. IN THE EVENT THE COMMISSIONS FAIL TO ACT ON THE PROPOSED BILL BY THIS DATE, SUCH INACTION SHALL BE CONSIDERED AS AN UNFAVORABLE RECOMMENDATION BY THE COMMISSIONS. - -