Report Title:

Land Use; Agricultural District

 

Description:

Allows counties to permit home occupations in agricultural district without requiring a special permit.

HOUSE OF REPRESENTATIVES

H.B. NO.

2370

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LAND USE.

 

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

SECTION 1. Findings and purpose. Section 205-2, Hawaii Revised Statutes, restricts the establishment of home occupations within the agricultural district unless a special permit is approved by the county planning commission or the state land use commission.

The legislature finds that in our changing economy, the restrictions on uses such as home occupations within the agricultural district may impose hardships and delay the transition of new economies.

The purpose of this Act is to allow the counties to permit home occupations in the agricultural district without requiring a special permit.

SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Agricultural districts shall include activities or uses as characterized by the cultivation of crops, orchards, forage, and forestry; farming activities or uses related to animal husbandry, aquaculture, and game and fish propagation; aquaculture, which means the production of aquatic plant and animal life for food and fiber within ponds and other bodies of water; wind generated energy production for public, private, and commercial use; bona fide agricultural services and uses which support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, whether or not conducted on the same premises as the agricultural activities to which they are accessory, including but not limited to farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, vehicle and equipment storage areas, and roadside stands for the sale of products grown on the premises; wind machines and wind farms; small-scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land, provided that such facilities shall not be used as or equipped for use as living quarters or dwellings; agricultural parks; and open area recreational facilities, including golf courses and golf driving ranges; provided that they are not located within agricultural district lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B.

These districts may include areas which are not used for, or which are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics. The counties may allow home occupations in a farm dwelling, a structure accessory to a farm dwelling, or in an allowed single-family dwelling or structures accessory to allowed single-family dwellings, or in structures accessory and incidental to an agricultural use; provided that the home occupation meets criteria and standards adopted by the county. The counties may identify areas in which home occupations may be located and may further specify the occupations that may be permissible. "Home occupation" means any activity intended to produce income that is carried out within a dwelling or accessory structure; provided that it is limited in extent and incidental to the use of the dwelling for residential purposes."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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