§205-5  Zoning.  (a)  Except as herein
provided, the powers granted to counties under section 46-4 shall govern the
zoning within the districts, other than in conservation districts. 
Conservation districts shall be governed by the department of land and natural
resources pursuant to chapter 183C.



(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.  Each county shall adopt ordinances
setting forth procedures and requirements, including provisions for
enforcement, penalties, and administrative oversight, for the review and
permitting of agricultural tourism uses and activities as an accessory use on a
working farm, or farming operation as defined in section 165‑2; provided
that agricultural tourism activities shall not be permissible in the absence of
a bona fide farming operation.  Ordinances shall include but not be limited to:



(1)  Requirements for access to a farm, including road
width, road surface, and parking;



(2)  Requirements and restrictions for accessory
facilities connected with the farming operation, including gift shops and
restaurants; provided that overnight accommodations shall not be permitted;



(3)  Activities that may be offered by the farming
operation for visitors;



(4)  Days and hours of operation; and



(5)  Automatic termination of the accessory use upon
the cessation of the farming operation.



Each county may require an environmental assessment
under chapter 343 as a condition to any agricultural tourism use and activity. 
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 plantation community subdivisions as defined in section
205-4.5(a)(12), for public, private, and quasi-public utility purposes, and for
lots resulting from the subdivision of abandoned roadways and railroad
easements.



(c)  Unless authorized by special permit issued
pursuant to this chapter, only the following uses shall be permitted within
rural districts:



(1)  Low density
residential uses;



(2)  Agricultural
uses;



(3)  Golf courses,
golf driving ranges, and golf-related facilities; and



(4)  Public,
quasi-public, and public utility facilities.



In addition, the minimum lot size for any low
density residential use shall be one-half acre and there shall be but one
dwelling house per one-half acre, except as provided for in section 205-2. [L
1963, c 205, pt of §2; Supp, §98H-5; HRS §205-5; am L 1969, c 232, §1; am L
1977, c 140, §2; am L 1978, c 165, §1; am L 1991, c 281, §4; am L 1994, c 270,
§2; am L 2005, c 205, §4; am L 2006, c 237, §5 and c 250, §3]



 



Attorney General Opinions



 



  Minimum lot size in agricultural districts.  Att. Gen. Op. 62‑33.



  Cited in opinion that enforcement of land uses in
conservation districts lies with department of land and natural resources, and
not with counties.  Att. Gen. Op. 70‑22.



 



Law Journals and Reviews



 



  "Urban Type Residential Communities in the Guise of
Agricultural Subdivisions:"  Addressing an Impermissible Use of Hawai‘i's
Agricultural District.  25 UH L. Rev. 199.