ORDINANCE NO. _________

BILL NO. ______________ (1998)

A BILL FOR AN ORDINANCE ESTABLISHING

AGRICULTURAL DISTRICTS IN TITLE 19 OF

THE MAUI COUNTY CODE

BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI:

 SECTION 1. The purpose of this ordinance is to implement land use policies consistent with the Maui County General Plan and Community Plans and the land use laws of the State of Hawai`i, to protect and preserve agricultural resources; to preserve and promote agricultural components of the County’s economy and lifestyle; and to promote and preserve open spaces necessary for the general health and well being of the citizens of Maui County.

SECTION 2. Section 19.04.040, Maui County Code, is amended by adding new definitions to be appropriately inserted and to read as follows:

""Agricultural land conservation" means the planting of soil-nourishing plants and trees to achieve soil conservation and environmental benefits including soil nourishment; prevention of soil erosion; improvement of air quality; and habitat restoration. [Agricultural land conservation also means the conservation of land on parcels greater than 15 acres by maintaining adequate soil coverage for soil conservation and nourishing purposes.]

"Agricultural Lands of Importance to the State of Hawai`i (ALISH)" means the agricultural land classification system adopted by the State of Hawai`i, Board of Agriculture. This system identifies those lands of the State which are of agricultural importance, and categorizes them according to specific criteria.

"Agricultural lease" means a contract renting a portion of an agriculturally designated and zoned lot for a specified period or for a period determinable at the will of either lessor or lessee in consideration of rent or other compensation to a licensed business engaged in commercial agriculture as defined herein.

"Agricultural products" means cultivated or raised plant, animal, or marine life that has been harvested for consumption, including coffee; feed and forage; floriculture and nursery products; grain; herbs and roots; sugar cane; fruits and nuts; vegetables and melons; honey; eggs; dairy; cattle, pigs, sheep, poultry; marine life; and fiber for clothing and building material. This does not include processed products [such as pharmaceuticals; building products; canned meats, potato chips, candy bars, soda pop, and similar types of prepared food; alcohol; processed tobacco products; and arts and crafts].

"Agricultural products processing" means [places or facilities where] the processing, canning, bottling, packing or packaging of agricultural produce and livestock and forestry products [are processed] for eventual distribution [and] or consumption[, potentially generating nuisances and pollutants that could adversely affect adjoining properties. Examples include sugar mills, slaughterhouses, milk pasteurizing and lumber mills. Not included are minor activities such as vegetable and fruit cleaning, honey processing, poi-making, milking and shearing, which are permitted as accessory uses when conducted on the same lot on which the crop is cultivated or livestock is maintained].

"Agricultural resources" means all the natural and manmade resources of agricultural production, including the land, soil, water, air, plant communities, watersheds, and natural and physical attributes which together comprise and support agricultur[eal uses].

"Agriculture" means the production of plant and animal life for food and fiber, and for raw materials for processed products. Agriculture includes but is not limited to fruit, vegetable, and flower growing; forestry; aquaculture; beekeeping; commercial grazing and dairying; and their accompanying services and facilities. [Agriculture also includes grazing, dairying, and the raising of livestock or poultry on lots greater than 15 acres and their accompanying services and facilities.]

"Animal and livestock raising" means facilities and activities associated with the commercial breeding and raising of live animals such as dairy cows, poultry, hogs, beef cattle, sheep, horses, bees, dogs, and other domesticated animals, as evidenced by State General Excise Tax forms and federal Schedule F forms. This does not include small-scale animal-keeping.[Exceptions for small-scale animal-keeping. Exceptions for small scale animal keeping are noted in the provisions for the zoning districts.]

"Animal boarding facility" means a structure or premises where animals are boarded, groomed, bred or trained for commercial gain, including commercial stables and kennels.

"Animal hospital" means a structure or premises where animals are given medical care, and the boarding of animals is limited to short-term care incidental to the hospital use.

"Commercial agriculture" means ... (the Committee has not yet discussed a definition)

["Energy systems, small scale"] (deleted because the definition has already been added to Title 19).

"[Maximum] Developable Area" means the total [floor] area, in square feet, of the footprint of the principal dwelling and the entire area of any other structure or amenity [in square feet allowed under the approved land use]. The [floor area computation] footprint shall include:[ all enclosed (on three sides minimum, with floor or roof structures above) living areas; above grade decks in excess of 4’-0" in width; garage or carport;] the greatest perimeter of the principal dwelling, including carports and garages; structures and amenities shall include accessory dwellings, swimming pools, saunas or other developed water features (excluding naturally existing ponds, tidepools, etc.) and; play courts; [or any other standing structures which are accessory to the dwelling.]

"Farm" means a lot on which the majority of the land is used for and the predominant activity is agriculture or agricultural land conservation.

"Farm dwelling" means a single-family dwelling or residence that is located on a farm and is ancillary and secondary to agriculture or agricultural land conservation.

"Farm labor dwelling or lodging" means a dwelling or lodging unit used exclusively by agricultural employees employed full-time or seasonally by a licensed business engaged in commercial agriculture in Maui County, and which is located on a farm and is ancillary and secondary to commercial agriculture.

"Fence" means an open barrier of posts and wire, wood, chain link or similar material that closes, marks or borders a field, yard or lot and that does not limit, by more than fifty (50) percent, visibility or the flow of air and light.

"Gross site area" means the area of all land within the site as determined from a site survey.

"Lot of record" means a part of a recorded subdivision or a parcel of land which has been recorded at the Bureau of Conveyances.

"Open land recreation" means [a parcel or area of land or water unimproved or improved but containing no buildings which is set aside, dedicated, designated, or reserved for] public or private recreational use or enjoyment, including but not limited to, parks, picnic grounds, beaches, beach accesses, and areas for hiking, fishing, hunting, camping, equestrian activities and other scenic interests, on a parcel or area of land or water which may be improved but which contains no buildings and which is set aside, designated or reserved for such purposes.

"Prime, unique, and other important agricultural land" means ALISH land, as identified on ALISH maps dated January 1977, which shall be in the custody of the Maui County Department of Public Works, Land Use and Codes Administration.

"Private agricultural park" means a subdivision of an area of not less than [thirty] twenty-five ([25] 30) acres within the Agricultural district, and restricted to agricultural use and which complies with all requirements and standards as set forth herein for private agricultural parks.

"Riding academy" means a structure or premises where horses are boarded and cared for and where instruction in riding, jumping and showing is offered and where horses may be hired for riding.

"Site" means a parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.

"Small-scale animal-keeping" means the keeping of dogs, cats, birds, rabbits, fowl, and similar type animals for noncommercial and domestic use. This also includes the keeping, grazing, and raising of pigs, goats, chickens, horses, cows, sheep and similar type animals for noncommercial and domestic use in the Agricultural and Rural districts.

"Storage, wholesale and distribution" means activities and facilities for the storage of goods and the bulk sale and distribution of products. Examples include warehouses, freight-forwarding and delivery operations, self-storage lockers, markets in which products are sold directly by their producers and construction supply businesses.

"Wall" means a constructed solid barrier of concrete, stone, brick, tile, wood or similar type of material that closes, marks or borders a field, yard or lot and that limits visibility and restricts the flow of air and light."

 

SECTION 3. Title 19, Maui County Code, is hereby amended by adding a new chapter 19.30A to be designated and read as follows:

For the purpose of this section, a land commission award whose boundaries are within a lot of record shall be considered as a separate lot of record provided the following criteria are met: (1) The fee simple title holders of the lot of record and the land commission award, as recorded by the Bureau of Conveyances prior to the enactment of this ordinance, are different; and (2) The subject land commission award is not part of a lot which has been subdivided prior to the enactment of this ordinance.

19.30A.040 Limitations on resubdivision.  A.  Following the effective date of this ordinance:

1. At the time of subdivision the Director of Public Works and Waste Management shall determine the maximum number of lots that can be created based upon the provisions and standards set forth in section 19.30A.030.

2. The subdivider shall allocate the maximum number of lots that can be created between the original lot of record and any new lot created as a result of the subdivision.

3. The allocation of lots shall be recorded in the Bureau of Conveyances.

4. No lot of record, or portion thereof, which is zoned agriculture shall be further subdivided beyond the maximum number of lots permitted pursuant to this section and as recorded in the Bureau of Conveyances.

B. The restriction in this subsection shall not apply to any lot resulting from any of the following:

1. Any subdivision requested by a public agency or public utility company for a public purpose;

2. Any consolidation and resubdivision in which no additional lots are created, provided that this would not result in additional farm dwellings or increase in uses of a non-agricultural nature; or.

3. Any subdivision for purposes of providing an easement for the protection of sites of cultural and historic significance; protection of sensitive environmental areas such as wetlands, streams, and endangered species habitat; and easements for public access to shoreline and mountain areas.

19.30A.050 Permitted uses. The following uses and structures shall be permitted in the agriculture district provided they also comply with all other applicable laws:

A. Principal uses:

1. Agriculture;

2. Agricultural land conservation;

3. Agricultural parks, pursuant to Chapter 171, Hawai`i Revised Statutes;

4. Animal and livestock raising, including:   animal feed lots and sales yards [permitted as a principal use only if the lot size is greater than 50 acres and the setback from property lines is greater than 250 feet];

5. Private agricultural parks as defined herein;

6. Public parks,[: No] not including golf courses and not including commercial uses except when under the supervision of a government agency in charge of parks and playgrounds;

7. Minor utility facilities as defined in section 19.04.040, Maui County Code; and

8. Retention, restoration, rehabilitation, or improvement of buildings or sites of historical or archaeological or scenic interest;

9. Animal hospitals and animal boarding facilities;

10. Riding academies;

11. Open land recreation, as defined in section 19.04.040; tent-cabins, cabins, airports, drive-in-theaters, golf courses, golf driving ranges, drag strips and similar type uses are prohibited.

B. Accessory uses. Uses which are incidental or subordinate to, or customarily used in conjunction with a permitted principal use, including but not limited to the following:

1. One farm dwelling per lot;

2. Stands for the purpose of displaying and selling agricultural products grown in Maui County, provided that stands shall not exceed three hundred square feet;

3. Storage, wholesale and distribution, including barns; greenhouses; storage facilities for agricultural supplies, products and irrigation water; and similar structures which are customarily associated with one or more of the permitted principal uses or, for the purpose of this section, are associated with agriculture in Maui County;

4. Agricultural products processing, [for the canning, bottling, packing or packaging] of agricultural products, all of which are grown [on the premises] in Maui County; this does not include processing which generates nuisances and/or pollutants that adversely affect adjoining properties; [and]

5. Energy systems, small-scale; and

6. One farm labor dwelling per five acres of lot area, subject to the following criteria: the owner or lessee of the lot can provide State General Excise Tax forms and federal Schedule F forms for the most recent two consecutive years which show at least $35,000 of gross sales per year of agricultural product(s) produced on the lot, and can provide certification by the Maui Board of Water Supply that agricultural water rates are being paid.

19.30A.060 Special uses. The following uses and structures shall be permitted in the Agricultural district if a Special Use Permit, pursuant to section 19.510.070, Maui County Code, has been obtained:

[A. Animal and livestock raising: Includes animal feed lots and sales yards that do not meet the general limitations for principal uses;]

A. Public and quasi-public institutions which are necessary for agricultural practices;

B. Farm labor dwellings or lodging that do not meet the standards of subsection 19.30A.050.B.6;

C. Major utility facilities as defined in section 19.04.040, Maui County Code;

D. Agricultural products processing[: Includes processing] of agricultural products, all of which are grown in Maui County, that [could] generates significant nuisances and pollutants[; . Examples] this includes sugar mills, slaughterhouses, milk pasteurizing plants and lumber mills. [Such facilities may also process agricultural products that are not grown on the lot, but are grown in Maui County.]

E. Cemeteries, crematories, and mausoleums;

F. Landfills;

G. Churches and religious institutions;

H. Farmer’s open air markets, consisting of Maui County grown and produced agricultural products sold from open air areas designated for individual Maui farmers;

I. Open land recreation requiring [and accessory restroom and picnic pavilion] facilities and structures which are not permitted by principal or accessory uses. ,[but not including  t]Tent-cabins, cabins, airports, drive-in-theaters, golf courses, golf driving ranges, drag strips and similar type uses are prohibited.;

J. Mining and resource extraction; and

K. Telecommunications and broadcasting antenna.

19.30A.070 Agricultural land conversion. That portion of an agriculturally zoned lot that is in excess of 2 acres and is rezoned from an agricultural zoning district to a rural zoning district shall be subject to the following standards:

A. Minimum lot-to-area ratio: .4

B. Open space ratio: .6

For the purpose of this section, "lot-to-area ratio" means the factor that determines the maximum number of lots per acre of base site area that may be created by subdivision. To calculate the number of lots that may be created, multiply the lot-to-area ratio by the base site area in acres. For the purpose of this section, "base site area" means the gross site area minus: 1. Land within the rights-of-way of existing roads, or utility rights-of-way or easements; and 2. Land which is part of a previously approved subdivision or land development. For the purposes of this section, "open space ratio" means the percentage of the gross site area that is dedicated to permanent open space. The open space ratio requirement may be waived by the Council by a two-thirds majority vote during the change in zoning process.

19.30A.080 Private agricultural parks. Private agricultural parks provide for appropriately sized, functionally configured, and affordable agricultural parcels to support diversified agricultural development. Except as otherwise provided in this chapter, the following requirements and standards shall apply for uses, facilities, and structures in areas designated as private agricultural parks:

A. Individual lot leases or deed shall provide that the lot is restricted to agricultural purposes.

B. Lots within private agricultural parks shall be made available for lease or sale.

C. No dwelling or farm dwelling permanent or temporary, including trailers and campers, are allowed within a private agricultural park. A restrictive covenant excluding dwellings, as referred to herein, shall be included in the [parcel’s] deed of the lot and run with said [parcel]lot as long as said [parcel]lot is zoned agriculture. This restriction shall not prohibit the construction of storage sheds, equipment sheds or other structures appropriate to the agricultural activity carried on within the lot.

D. Agricultural Parks shall not be less than [30]25 acres in size.

E. Minimum lot area: five acres.

F. Subdivision requirements, as set forth in the following chapters of Title 18, shall not apply to private agricultural parks:

1. 18.16.010 to 18.16.180;

2. 18.16.270 to 18.16.310B;

3. 18.16.320;

4. 18.20 to 18.20.090;

5. 18.20.140; and

6. 18.28.

G. All requirements set forth herein shall terminate if an area designated as an agricultural park is rezoned to a non-agricultural zoning district.

19.30A.090 Agricultural leases. Any landowner may enter into an agricultural lease provided that the following conditions are met:

A. The principal use of the land is commercial agriculture.

B. No dwellings, permanent or temporary, including trailers and campers, are constructed. This restriction shall not prohibit the construction of storage sheds, equipment sheds or other structures appropriate to the agricultural activity carried on within the lot.

C. Subdivision requirements, as set forth in Title 18, Maui County Code, shall not apply to agricultural leases.

19.30A.100 Substandard agricultural lots. Substandard agricultural lots existing prior to the enactment of this ordinance shall be subject to the following standards:

A. Lots less than 2 acres but equal to or greater than 0.5 acre shall be subject to the minimum lot width and yard and height standards as set forth for lots of such area in section 19.29.020, Maui County Code, and shall be exempt from the maximum developable area restriction of subsection 19.30A.030.D; and

B. Lots less than 0.5 acre shall be subject to the minimum lot width, yard and height standards as set forth for lots of such area in sections 19.08.050 and 19.08.060, Maui County Code, and shall be exempt from the maximum developable area restriction of subsection 19.30A.030.D.

19.30A.110 Exemptions pursuant to State law. [The following shall be exempt from the requirements of this chapter if, or as, provided by Hawai`i Revised Statutes:]

A. If provided by Hawai`i Revised Statutes, for lands legally defined and recognized as kuleana or similar type of land ownership, the district standards of section 19.30A.030, and the density restriction of subsection 19.30A.050.B.1, shall not apply.

B. Affordable housing projects as set forth in Chapter 201E, Hawai`i Revised Statutes, shall be exempt from the requirements of this chapter.

19.30A.120 Permits issued prior to the enactment of this ordinance. State or County special use permits issued prior to the enactment of this ordinance shall remain in full force and effect for their duration. [Second]Any dwelling or structure units with a building permit approved prior to the enactment of this ordinance need not acquire a County special use permit or variance and may be reconstructed as permitted by the original building permit, and such dwellings or structures may be expanded or modified with a building permit, subject to the [but all] other provisions of this chapter and this title [shall apply].

 

SECTION 4. Section 19.30, Maui County Code, is hereby repealed.

SECTION 5. Adoption of Zoning Maps. Pursuant to Articles 4 and 8 of the Maui County Charter and Chapter 19.510, Maui County Code, any lot of record, or portion thereof, on the effective date of this ordinance is hereby zoned Agricultural district if it is identified as agriculture by the Maui County General Plan and Community Plans [or if it is identified as agriculture pursuant to Chapter 205, Hawai`i Revised Statutes.]

The Director of Planning shall prepare the appropriate zoning maps which shall be filed with the County Clerk. Notwithstanding any provision of this article to the contrary, upon the effective date of this ordinance all areas zoned Agricultural district are hereby subject to the provisions of Chapter 19.30A, Maui County Code.

The Director of Planning shall notify each owner of record of any lot, or portion thereof, greater than fifteen (15) acres that is hereby zoned Agriculture as a result of this section.

SECTION 6. Severability. If any provision of this ordinance or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision of application, and to this end the provisions of this ordinance are severable.

SECTION 7. New material is underscored. Material to be repealed is bracketed. In printing this bill, the County Clerk need not include the brackets, bracketed material, or underscoring.

SECTION 8. This ordinance shall be effective upon its approval.

APPROVED AS TO FORM AND LEGALITY:

____________________________________

KELLY A. CAIRNS

Deputy Corporation Counsel

County of Maui