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lM•COUNTY OF HAWAI STATE OF HAWAII <br /> BILL NO. 294 <br /> (Draft 2) <br /> ORDINANCE NO. 98 114 <br /> AN ORDINANCE AMENDING ORDINANCE NO. 90-139, WHICH RECLASSIFIED THE <br /> DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL <br /> (A-3a) AT KAHUA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP <br /> KEY 5-9-08:5. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Ordinance No. 90-139 is amended as follows: <br /> "Section 2. This change in district classification is conditioned upon the following: <br /> A. The applicant, its successors or assigns shall be responsible for complying with <br /> all of the stated conditions of approval. <br /> B. Subdivision plans shall be submitted to the Planning Department within one year <br /> from the effective date of the change of zone. Final subdivision approval shall <br /> be secured within one year from the date of receipt of tentative subdivision <br /> approval. Minimum lot sizes shall be determined by calculating the total area <br /> within the proposed lot lines exclusive of easements for access and drainage <br /> purposes and future road widening setback areas. <br /> C. It shall be demonstrated to the satisfaction of the Planning Director that <br /> substantial agricultural activity is being conducted on the lots to be rezoned <br /> within three years from the effective date of [final subdivision approval] this <br /> ordinance. For the purpose of this condition, "agriculture " shall be defined as <br /> the cultivation of crops, including but not limited to flowers, vegetables, foliage, <br /> fruits, forage and timber; game propagation; raising of livestock, including but <br /> not limited to poultry, bees, fish or other animal or aquatic life that are <br />