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COUNTY OF HAWAII ,• -` I::• STATE OF HAWAII <br /> • r• <br /> E ! <br /> OF <br /> BILL NO. 88 <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 11, SECTION 23-118 OF THE <br /> HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO <br /> CRITERIA TO DETERMINE A PRE-EXISTING LOT. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Chapter 23, article 11, section 23-118, of the Hawai`i County Code 1983 <br /> (2016 Edition, as amended) is amended to read as follows: <br /> "Section 23-118. Criteria to determine a pre-existing lot. <br /> The director shall certify that a lot is pre-existing if the lot meets one of the following <br /> criteria: <br /> (a) The lot was created and recorded prior to November 22, 1944 or the lot was created <br /> through court order (e.g. partition) prior to July 1, 1973, and the lot had never been legally <br /> consolidated, provided that no pre-existing lot shall be recognized based upon a lease <br /> except for a lease which complied with all other applicable laws when made, including <br /> Territorial statutes regulating the sale or lease of property by lot number or block number, <br /> and on September 25, 2002, the proposed lot contains a legal dwelling, or has been <br /> continuously leased since January 8, 1948, as a separate unit. <br /> (b) The lot was created prior to December 21, 1966, as an agricultural lot in excess of twenty <br /> acres pursuant to County ordinance. <br /> (c) The lot was created through evidence of a properly prepared deed and/or subdivision plat <br /> for fee simple ownership of such lot to a grantee other than the grantor or a grantor's trust <br /> which deed was recorded at the State of Hawai`i Bureau of Conveyances or with the <br /> Registrar of the Land Court prior to May 1, 1999, and was subsequently depicted on a <br /> County of Hawai`i Tax Map, was issued a tax map parcel number therefor, and was <br /> individually assessed for real property taxation purposes. <br /> SECTION 2. New material is underscored. In printing this ordinance, the underscoring <br /> need not be included. <br /> SECTION 3. Severability. If any provision of this ordinance or the application thereof <br /> to any person or circumstance is held invalid, such invalidity shall not affect other provisions or <br /> application of the ordinance which can be given effect without the invalid provision or <br /> application, and to this end, the provisions of this ordinance are declared to be severable. <br />