Zoning
HRS §205-5
in effect205-5. 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. 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;
(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;
(4) Public,
quasi-public, and public utility facilities; and
(5) Geothermal
resources exploration and geothermal resources development, as defined under
section 182-1.
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; am L 2012, c 97, §8
and c 329, §5]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0205/HRS_0205-0005.htmFetched: 11/10/2026