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<br /> .:.„',gig CITY COUNCIL ORDINANCE _ <br /> I <br /> I CITY AND COUNTY OF HONOLULU <br /> HoNOLULU,HAwA,u BILL 49 (2004), CD1,_FD2_ <br /> DDC 9/21/04 <br /> A BILL FOR AN ORDINANCE <br /> SECTION 3. Section 8-7.3, Revised Ordinances of Honolulu 1990, as amended, <br /> ("Dedication of lands for agricultural use"), is repealed. <br /> SECTION 4. Chapter 8, Revised Ordinances of Honolulu 1990, as amended, is <br /> amended by adding a new Section 8-7.3 which shall read as follows <br /> "Sec. 8-7.3 Dedication of Lands for Agricultural Use. <br /> l~ As used in this section_ <br /> "Agricultural use of land" means the active use of the land for the <br /> production of agricultural products. <br /> "Agricultural products' include such products as floricultural horticultural <br /> viticultural, aguacultural, forestry nut coffee dairy livestock poultry bee <br /> animal, tree farm, animals raised by grazing and pasturing and any other farm <br /> agronomic, or plantation products <br /> "Owner" or "property owner" mean the fee simple owner of the real <br /> property Provided that for government owned real property "owner" or "property <br /> owner" mean a lessee of the land where (i) the lease allows the specific <br /> ~ricultural use and (ii) the lease term extends through the period of the <br /> dedication. <br /> "Maintain as agricultural land" means that the subject land throughout th_e <br /> subject time period is not at the initiation of the owner or with the authorization of <br /> the owner subject to (i) a change in the state land use classification from <br /> ~riculture to urban or rural district (ii) a change in the county zoning from <br /> agriculture, preservation or country district or (iii) a subdivision of the land into <br /> parcels of five acres or less. <br /> "Substantial and continuous agricultural use' means no less than 75 <br /> percent of the area of the subject land but excluding the area of unusable land <br /> is rn active continuous and revenue-generating agricultural use throughout the <br /> subject time period. For lands dedicated for a period of five years or 10 years <br /> substantial and continuous agricultural use shall include necessary and <br /> customary fallowing periods <br /> "Tree farm property" and "tree farm" mean land classified as tree fa_r_m_ <br /> rp operty under Hawaii Revised Statutes Chapter 186 <br /> 9 <br /> <br />