HomeMy WebLinkAboutORD 1990-163 1988-1992COUNTY OF HAWAII.. STATF OF HAWAII
BILL NO. 358
ORDINANCE NO. °~~ 153
AN ORDINANCE AMENDING SECTION 25-114 (THE CITY OF HILO ZONE
MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, RELATING TO MODIFICATIONS OF CONDITION D OF ORDINANCE
NO. 772, WHICH RECLASSIFIED 10.01 ACRES OF LAND FROM
AGRICULTURAL (A-l0a) TO AGRICULTURAL (A-3a) AT KAUMANA, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-5-02:28.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 772 is amended as follows:
"This subsection is conditioned upon the following:
(A) that the petitioner or his authorized representative shall
be responsible for complying with all of the stated conditions
of approval; (B) that a drainage system in accordance with the
standards of the Department of Public Works shall be installed;
(C) that subdivision plans shall be submitted and tentative
approval secured within one (1) year from the effective date of
approval of the Change of Zone. Final subdivision approval
shall be secured within one (1) year thereafter; (D) [that
agricultural pursuit shall be engaged on one (1) of the
proposed lots within two (2) years from the date of receipt of
final subdivision approval] it shall be demonstrated to he
satisfaction of the Planning Director that substantial
agricultural activity is being conducted on one of the
subdivided lots within two (2) years of the date of this
amendment For the purpose of this condition "agriculture"
shall be defined as the cultivation of crops including but not
limited to flowers vegetables foliage fruits forage and
timber; game propagation• raising of livestock including but
not limited to poultry bees fish or other animal or aquatic
life that are propagated for economic or personal use
A ricultural activit will be considered substantial: 1 If
it provides a maior source of income to the person(s) who
resides on the_property or (2)/If the Property is dedicated
for Agriculture uses in accordance with applicable Department
of Finance, Real Property Tax Division's procedures This
condition shall be incorporated into the deed for the subiect
lot and duly recorded with the State Bureau of Conveyances A
copy of the recorded deed shall be filed with the Planning
Department within one year from the date of this amendmen ;
(E) that no buildings other than that related to agricultural
use shall be erected or placed on the lots. As used herein,
"agricultural" shall be defined as uses permitted within th
State Land Use Commission's District Regulations; and (F) an
annual progress report shall be submitted to the Planning
Director prior to the anniversary date of this amendment The
report shall include. but not be limited to the status of
agricultural activity and to what extent Condition D is being
complied with. This condition shall remain in effect until all
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of the conditions of approval have been complied with and the
Planning Director acknowledges that further reports are not
required; (G) that all other applicable rules, regulations, and
requirements, including those of the Department of Water
Supply, be complied with. Should any of the foregoing
conditions not be met, rezoning of the area to its original or
more appropriate designation [may] shall be initiated by the
Planning Director."
SECTION 2. Material to be deleted is bracketed. New
material is underscored.
SECTION 3. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its
approval.
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
December 5, 1990
December 5, 1990
December 19, 1990
December 27, 1990
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INTRODUCED BY: