Rules for getting a farm worker housing permit

For the purposes of this Section, the following definitions shall apply:means an operation or enterprise in operation for at least one year whose owner has filed a Schedule F form with federal income tax filings with the Internal Revenue Service. The core function of the commercial farm shall be:the commercial cultivation of fruits, vegetables, flowers, foliage, crops for bioenergy and forage (but excluding timber and turf farms); orthe raising of livestock, including but not limited to, meat and dairy cattle, pigs, goats, sheep, poultry, bees, fish, or other animal or aquatic life that are propagated for commercial purposes (but excluding the husbandry of horses for recreational or hobby purposes unless the farm complies with the guidelines set forth in §RP-2-3(a)(1) of the County of Kaua'i's Department of Finance Real Property Tax Division's Agricultural Dedication Program Rules as of April, 2010).means the real property that is the person's only home or residence. If the person has more than one home or residence, then the person does not have an exclusive residence.is a farm owner, employee, contract worker or unpaid intern in a program that qualifies under the Fair Labor Standards Act who works no less than 19 hours per week in farm-related operations on a commercial farm. For the purposes of farm worker housing, a commercial farm owner may qualify as a farm worker only when he can demonstrate the following:that the proposed farm worker housing will be the farm owner's exclusive residence, andthat the affected lot has been subject to a condominium property regime (C.P.R.) and the respective C.P.R. limited common element does not qualify for any allowable permanent density.means the use of a building or portion thereof designed and used exclusively for the housing of farm workers who actively and currently farm on the land upon which the housing is situated. Farm worker housing may also be used to house the immediate family members of the respective farm worker.The Director shall not deem an application for a farm worker housing use permit complete unless the applicant can demonstrate that:the commercial farm has generated at least $35,000 of gross sales of agricultural product(s) per year, for the preceding (2) two consecutive years for each farm worker housing structure, as shown by State general excise tax forms and Internal Revenue Service Schedule F forms;the owner has dedicated the subject lot or C.P.R. limited common element or portion thereof upon which the farm worker housing will be located to agricultural use pursuant to Section 5A-9.1 of the Kaua'i County Code; andthe owner or lessee of the subject lot or C.P.R. limited common element or portion thereof upon which the farm worker housing is being proposed has provided a commercial farm plan with staffing needs outlined to the Planning Department that demonstrates the feasibility of the respective farm's commercial agricultural production.The owner of a condominium property regime or a limited common element in a condominium property regime may not apply for farm worker housing unless:the condominium property regime has been registered with and received an effective date for the final public report from the Real Estate Commission of the State of Hawai'i; andthe subject CPR limited common element or portion thereof has been dedicated to agricultural use pursuant to Section 5A-9.1 of the Kaua'i County Code.No use permit for farm worker housing shall be approved unless:The application meets the use permit standards established under Section 8-3.2 of the Kaua'i County Code;The Planning Commission finds that based upon the type of agricultural activity, size of the commercial farm, and farming methodologies, the applicant has demonstrated a clear and compelling need for farm worker housing and the number and size of structures applied for; andThe subject lot's maximum residential densities, as established in Section 8-8.2(c), have been permitted and constructed. If the applicant can demonstrate that the subject lot has been subjected to a condominium property regime (C.P.R.), and that the maximum allowable residential density for the applicant's respective C.P.R. limited common element has been permitted and constructed, the Planning Commission may waive the requirements of this provision.In addition to conditions of approval that the Planning Commission may impose pursuant to Section 8-3.2(b), a use permit for farm worker housing shall be subject to the following conditions:The farm worker housing shall be used exclusively for the housing of farm workers and their immediate family;The Planning Commission may issue a maximum of one farm worker housing use permit per lot or, if the lot has been developed as a C.P.R., per C.P.R. limited common element. Each permit may allow the construction of a maximum of three farm worker housing structures. The total floor area of all structures combined shall be limited to 1,800 square feet and no structure may exceed 1,200 square feet of floor area. For the purposes of farm worker housing, the total floor area shall mean the sum of the horizontal areas of each floor of a building, measured from the interior faces of the exterior walls. The total floor area shall include enclosed attached accessory structures such as garages or storage areas, but it shall exclude unenclosed attached structures such as breezeways, lanais, or porches;The structures shall have post and pier foundations. No concrete slabs shall be used in constructing the farm worker housing;The structures shall be located on a plot plan approved by the Planning Commission; andThe owner or lessee of the subject lot or C.P.R. limited common element or portion thereof shall not charge the farm workers or their immediate family members for rent or electricity.The land upon which the farm worker housing is located shall not be subdivided to create separate lots for the farm worker housing and the commercial farm. A farm worker housing use permit shall be subject to revocation if the farm worker housing and the commercial farm are designated as limited common elements of separate condominium units.The owner of farm worker housing shall annually certify to the Director of Planning that the Farm Worker Housing meets requirements and conditions set forth in Sections 8-8.6 (a) through (f). If any interest in the subject lot or C.P.R. limited common element or portion thereof that is the subject of the use permit is transferred, conveyed or sold, the successor in interest shall immediately notify the Director of Planning of such change in ownership.Prior to the issuance of the building permit, the applicant shall demonstrate to the satisfaction of the Planning Director that the applicant has recorded in the Bureau of Conveyances or the Land Court, as the case may be, the requirements and conditions set forth in Sections 8-8.6 (a) through (g) respectively.