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

(b)  Within agricultural districts, usescompatible to the activities described in section 205‑2 as determined bythe commission shall be permitted; provided that accessory agricultural usesand services described in sections 205‑2 and 205‑4.5 may be furtherdefined by each county by zoning ordinance.  Each county shall adopt ordinancessetting forth procedures and requirements, including provisions forenforcement, penalties, and administrative oversight, for the review andpermitting of agricultural tourism uses and activities as an accessory use on aworking farm, or farming operation as defined in section 165‑2; providedthat agricultural tourism activities shall not be permissible in the absence ofa bona fide farming operation.  Ordinances shall include but not be limited to:

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

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

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

(4)  Days and hours of operation; and

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

Each county may require an environmental assessmentunder 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 eachcounty by zoning ordinance, subdivision ordinance, or other lawful means;provided that the minimum lot size for any agricultural use shall not be lessthan one acre, except as provided herein.  If the county finds thatunreasonable economic hardship to the owner or lessee of land cannot otherwisebe prevented or where land utilization is improved, the county may allow lotsizes of less than the minimum lot size as specified by law for lots created bya consolidation of existing lots within an agricultural district and theresubdivision thereof; provided that the consolidation and resubdivision do notresult in an increase in the number of lots over the number existing prior toconsolidation; and provided further that in no event shall a lot which is equalto or exceeds the minimum lot size of one acre be less than that minimum afterthe consolidation and resubdivision action.  The county may also allow lotsizes of less than the minimum lot size as specified by law for lots created orused for plantation community subdivisions as defined in section205-4.5(a)(12), for public, private, and quasi-public utility purposes, and forlots resulting from the subdivision of abandoned roadways and railroadeasements.

(c)  Unless authorized by special permit issuedpursuant to this chapter, only the following uses shall be permitted withinrural districts:

(1)  Low densityresidential uses;

(2)  Agriculturaluses;

(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 lowdensity residential use shall be one-half acre and there shall be but onedwelling house per one-half acre, except as provided for in section 205-2. [L1963, c 205, pt of §2; Supp, §98H-5; HRS §205-5; am L 1969, c 232, §1; am L1977, 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 inconservation districts lies with department of land and natural resources, andnot with counties.  Att. Gen. Op. 70‑22.

 

Law Journals and Reviews

 

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