In addition to this primary residence, a 6.8-hectare agricultural parcel near Hawi (MLS #244094) already has an “additional agricultural dwelling” partially constructed and approved Any deed, lease, contract of sale, mortgage or other transfer instrument that covers land in the agricultural subdivision must explicitly include the restriction of use and condition, as prescribed in this section, that these restrictions and conditions shall be burdens that apply to the land until the time the land is reclassified in a land use district other than an agricultural district. 2. No permanent or temporary dwellings or agricultural dwellings, including trailers and motorhomes, shall be built on the rented area. This restriction does not prohibit the construction of storage sheds, tool sheds or other structures suitable for agricultural activity within the lot; provided that any violation of this paragraph is subject to the district enforcement authority and to fines under Articles 46-4, 205-12 and 205-13; and (4) Agricultural dwellings, employee dwellings, farm buildings or activities or uses related to agriculture and livestock. for the purposes of this paragraph, “agricultural residence” means a single-family house situated on and owned by an agricultural holding, including groups of single-family farm houses registered in agricultural parks developed by the State, or where the agricultural activity provides income to the family occupying the dwelling; Assuming that the applicant is engaged in a bona fide farming activity, the answer is that the first additional farm dwelling is allowed without conditions. The second farm would require proof that the resident has worked at least 8 hours per week on the property; for a third farm, proof of 40 hours of farm work per week per farm would be required. One of the questions I am most often asked when I show empty land or houses on land in north Kohala is, “Is it easy to get permits to build multiple houses on farmland?” You may have heard of “extra farms” or even look at a parcel of land where more than one structure exists. Some potential buyers are looking for properties suitable for a family investment or a collective housing situation. For each area classification, the code specifies the permitted uses as well as the permitted uses with special permits. In most zone categories, only one single-family home is allowed.
On agricultural land, additional agricultural housing may be permitted if an agreement submitted to the planning department with an agricultural plan or other evidence of the applicant`s continued agricultural use is approved. For the purposes of this paragraph, “bona fide agricultural activity” means an agricultural holding within the meaning of article 165-2; According to subsection a, points 4 and 10, a chimney and a garage are allowed as accessories for a farm; However, the use of the chimney to conceal an antenna and the garage to house communications equipment was not permitted under clause (a) (4) or (10). 106 H. 343, 104 s.3d 930 (2005). (b) Uses not expressly authorized in subparagraph (a) shall be prohibited, with the exception of uses provided for in articles 205 (6) and 205 (8) and the construction of single-family homes on land existing before 4 June 1976. Notwithstanding other laws to the contrary, no subdivision of land within the agricultural district with soils classified in total productivity class A or B by the Detailed Soil Classification of the Land Survey Board shall be approved by a county unless such land A and B in the subdivision are subject to the restriction of use prescribed in this Division and on the condition that: that the uses are mainly used to track an agricultural activity. (19) Farm training programmes implemented on a holding as defined in Article 165(2) for education and public participation; provided that the agricultural education programmes are ancillary and secondary to the main agricultural use of the parcels or parcels on which the agricultural education programmes are to take place and do not adversely affect the surrounding holdings. For the purposes of this paragraph, `agricultural education programmes` means activities or events aimed at promoting knowledge and understanding of agricultural activities and practices on an agricultural holding as defined in Articles 165 and 2; For example, how many additional houses or farms would be allowed on a 20-hectare plot? The Growth Management Subcommittee of our North Kohala Community Development Plan (CDP) Action Committee recently met with a representative of the planning department to ask this question. .