Report Title:

Agriculture; Zoning

Description:

Amends agricultural zoning regulations to allow certain lands to be used for farm dwellings and other uses related to farming and animal husbandry.

HOUSE OF REPRESENTATIVES

H.B. NO.

1790

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO AGRICULTURE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 205-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Within agricultural districts, uses compatible to the activities described in section 205-2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205-2 and 205-4.5 may be further defined by each county by zoning ordinance. Other uses may be allowed 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 public, private, and quasi-public utility purposes, and for lots resulting from the subdivision of abandoned roadways and railroad easements. Within the agricultural district, all lands with soils classified by the land study bureauís detailed land classification as overall (master) productivity rating class C, D, E, or U shall allow farm dwellings, employee housing, farm buildings or activity, or uses related to farming and animal husbandry. Farm dwelling as used in this paragraph means a single-family dwelling located:

(1) On and used in connection with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State;

(2) Where agricultural activity provides income to the family occupying the dwelling; or

(3) Where the agricultural activity involves the propagation or preservation of native Hawaiian plants."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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