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§ 23-115 HAWAII COUNTY CODE Section 23-115. Nullification. In the event that conditions relative to the area in which a farm subdivision is located change to such extent that a farm subdivision is no longer feasible or desirable, the lessor -owner may apply to the planning director to nullify the farm subdivision, provided that the consent of all lessees within the subdivision is secured. Upon the approval of the nullification of the farm subdivision by the planning director the parcel shall revert to its original status. (1995, ord 95-136, sec 2.) Section 23-116. Procedure. Except as provided in this Article, the subdivision process for a farm subdivision shall be complied with pursuant to this chapter. (1995, ord 95-136, sec 2.) Article 11. Pre -Existing Lots. Section 23-117. Purpose. The purpose of this article is to specify the criteria by which a pre-existing lot may be recognized and to state how certain uses will be accounted for during a consolidation/resub division action. (2002, ord 02-110, sec 3.) Section 23-118. Criteria to determine a pre-existing lot. The director shall certify that a lot is pre-existing if the lot meets one of the following criteria: (a) The lot was created and recorded prior to November 22, 1944 or the lot was created through court order (e.g. partition) prior to July 1, 1973, and the lot had never been legally consolidated, provided that no pre-existing lot shall be recognized based upon a lease except for a lease which complied with all other applicable laws when made, including Territorial statutes regulating the sale or lease of property by lot number or block number, and on September 25, 2002, the proposed lot contains a legal dwelling, or has been continuously leased since January 8, 1948, as a separate unit. (b) The lot was created prior to December 21, 1966, as an agricultural lot in excess of twenty acres pursuant to County ordinance. (c) The lot was created through evidence of a properly prepared deed and/or subdivision plat for fee simple ownership of such lot to a grantee other than the grantor or a grantor's trust which deed was recorded at the State of Hawai`i Bureau of Conveyances or with the Registrar of the Land Court prior to May 1, 1999, and was subsequently depicted on a County of Hawaii Tax Map, was issued a tax map parcel number therefor, and was individually assessed for real property taxation purposes. (2002, ord 02-110, sec 3; am 2018, ord 18-12, sec 1.) SUPP. 4 (7-2018) 23-40