Bill Text: HI HB2443 | 2016 | Regular Session | Introduced
Bill Title: Ohana Dwellings; Housing; Agricultural Lands
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2016-02-01 - Referred to AGR, HSG, FIN, referral sheet 5 [HB2443 Detail]
Download: Hawaii-2016-HB2443-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2443 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to ohana dwellings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that farms and agriculture-based businesses in Hawaii are often family owned and operated. The legislature also finds that current zoning laws prevent people who own and live on agricultural land from constructing non-farm dwellings on the land to house family members who work on the land. Not only are these families prevented from living with or near their relatives, but family members who live significant distances from the land they work on may be disinclined to continue working on the land because of the commuting time and distance. Allowing family members that work on family-owned agricultural land to live in ohana dwellings on the land will enable families to live near one another and near their work.
The purpose of this Act is to allow agricultural land owners to construct and maintain ohana dwellings on their land to be used by their family.
SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Agricultural districts shall include:
(1) Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards, forage, and forestry;
(2) Farming activities or uses related to animal husbandry and game and fish propagation;
(3) Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water;
(4) Wind generated energy production for public, private, and commercial use;
(5) Biofuel production, as described in section 205‑4.5(a)(16), for public, private, and commercial use;
(6) Solar energy facilities; provided that:
(A) This paragraph shall apply only to land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class B, C, D, or E; and
(B) Solar energy facilities placed within land with soil classified as overall productivity rating class B or C shall not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser, unless a special use permit is granted pursuant to section 205-6;
(7) Bona fide agricultural services and uses that
support the agricultural activities of the fee or leasehold owner of the
property and accessory to any of the above activities, regardless of whether
conducted on the same premises as the agricultural activities to which they are
accessory, including farm dwellings as defined in section 205-4.5(a)(4),
employee housing, farm buildings, mills, storage facilities, processing
facilities, photovoltaic, biogas, and other small-scale renewable energy systems
producing energy solely for use in the agricultural activities of the fee or
leasehold owner of the property, agricultural-energy facilities as defined in
section 205-4.5(a)(17), hydroelectric facilities in accordance with section
205-4.5(a)(23), vehicle and equipment storage areas, [and] plantation
community subdivisions as defined in section 205‑4.5(a)(12)[;],
and up to two ohana dwellings as permitted under a special permit issued
pursuant to section 205-6. For the purposes of this paragraph, "ohana dwelling"
means a dwelling unit accessory to a farm dwelling on the same site, either
attached to or separate from the farm dwelling, with or without its own septic
system, located on and used in connection with a farm or where agricultural
activity provides income to the occupants of the farm dwelling; provided that
the occupants of an ohana dwelling shall be related to the farm dwelling owner
by blood, marriage, or adoption; and provided further that an ohana dwelling
shall be prohibited from being designated under chapter 514B as a limited
common element in a condominium separate from one of the lot's primary farm
dwelling units or from being rented in any manner as a single unit separate
from the primary farm dwelling units;
(8) Wind machines and wind farms;
(9) 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 these facilities shall not be used as or equipped for use as living quarters or dwellings;
(10) Agricultural parks;
(11) Agricultural tourism conducted on a working farm, or a farming operation 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 ordinances 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; provided 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 development, as defined under section 182-1; and
(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 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 using 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 11, chapter [12] 50
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 Hawaii.
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 meet the requirements of this paragraph.
Agricultural districts shall not include golf courses and golf driving ranges, except 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."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Ohana Dwellings; Housing; Agricultural Lands
Description:
Allows the building of ohana dwellings on lands within an agricultural district under certain conditions.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
