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2026-05-12 Appellant's Memorandum in Opposition to Motions to Dismiss (PL-BOA-2025-000119 & 121)
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2026-05-12 Appellant's Memorandum in Opposition to Motions to Dismiss (PL-BOA-2025-000119 & 121)
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6. The "A" district is the county general Agricultural zoning <br /> district and the permitted uses for such a district are set forth in Section 25-5- <br /> 72, Hawaii County Code (the Zoning Code). The "IA" district is the county <br /> Intensive Agriculture zoning district and the permitted uses for such a district <br /> are set forth in Section 25-8-82, Hawaii County Code (the Zoning Code). <br /> 7. Since the land that is included in the subject Agricultural <br /> Project District also lies within a larger State Land Use Agriculture District, <br /> Condition B of Ordinance 97-133 requires the owners of lots in the subject <br /> Agricultural Project District to "comply[) with all requirements of Chapter 205, <br /> Hawaii Revised Statutes, relating to permissible uses within the State Land Use <br /> Agriculture District." (Dkt. 17, JEFS page 1, ROA 116) Condition K of <br /> Ordinance 97-133 also requires the owners of lots to comply with "all other <br /> applicable laws" (Id., ROA 119), such as Section 25-5-63, Hawaii County Code <br /> (the Zoning Code). <br /> 8. It is also undisputed that the soil productivity rating for the <br /> land located within the subject Agricultural Project District is Class C, which <br /> fact is published on the Hawaii Land Study Bureau's online map for the <br /> Kealakekua section, intersection of Napoopoo Road and Mamalahoa Highway. <br /> (See Hawaii Statewide GIS System, Land Study Bureau map, published online, <br /> ISB I Hawaii Statewide GIS Program) Soil productivity rating class is a critical <br /> factor in determining the permitted use of land in the State Land Use Agricul- <br /> ture District, as is discussed below. <br /> 9. Section 205-4.5, Hawaii Revised Statutes (effective 1976) has <br /> three main subsections. Subsection (a) describes the direct permitted uses <br /> that can be put on land with a soil productivity rating of Class A or B. Sub- <br /> section (b) prohibits all uses on land with a soil productivity rating of Class A <br /> or B that are not expressly permitted under subsection (a) as direct permitted <br /> uses. If the soil productivity rating for the subject land is neither Class A nor <br /> Class B, then subsection (c) provides that: <br /> 4 <br />
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