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Home My WebLink AboutBIL 157 Draft 02 2000-2002 COUI®TT°Y OF IIA@VAI`I OF I~AVV~I`I SILL NO. 157 Draft 2 OIZDINANCL NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (1995 EDITION) RELATING TO NONCONFORMING USES AND BUILDINGS. SECTION 1. Chapter 25, Article 4, Division 6, of the Hawaii County Code, related to Nonconforming Uses and Buildings, is amended to read as follows: "Section 25-4-b0. Nonconforming buildings; maintenance and repair. (a) Any nonconforming building, except as otherwise regulated, may be repaired, maintained, or enlarged provided that any enlargement or addition shall conform in every respect to the regulations for the district in which it is located, except as provided in this division. (b) If the portion of the building that is nonconforming should be destroyed it may only be rebuilt in compliance with all of the requirements under the County Building Code for reconstruction and repair of nonconforming buildings. 66Section 25-4-b1. Continuance of nonconforming uses of land and bnildings. (a) Any nonconforming use of land or use of a building may continue to the extent it existed on December 7, 1996 or at the time of the adoption of any amendments to this chapter, provided that a nonconforming use may be enlarged within the building it occupies, but shall not be enlarged or increased to occupy a greater area of land, nor shall it or the portion of the building housing it be moved in whole or in part to any other portion of the building site occupied by such nonconforming use, except as provided in this division. (b) Public buildings, public or private power and telephone facilities including offices and plants existing prior to May 24, 1967 may be enlarged or increased to occupy a greater area of land or building, notwithstanding the limitations contained in this section. "Section 25-4-62. Abandonment of nonconforming use. If any nonconforming use ceases for any reason for a continuous period of twelve calendar months, or for one season if the use be seasonal, then such use shall not be resumed and any use of the land or building or both thereafter shall be in full conformity with the provisions of this chapter. 6617ec Ld®n 25-4-63. 1)estrnction of building with nonconforming use. [IfJ Except as provided in this division, if the portion of any building within which a nonconforming use is conducted should be destroyed or damaged by any means to an extent equivalent to at least fifty percent of its replacement value, exclusive of foundations, then such damaged or destroyed portion may not be restored unless the use of the building is changed to a conforming use; but if the damage or destruction is less than fifty percent of its replacement value, exclusive of foundation, then the building may be restored and such use may be resumed as it existed, provided that such restoration shall be completed within one year from the date of such damage or destruction. The department of public works shall determine the extent of damage to determine whether the building may be restored and resume its existing nonconforming use. "Section 25-4-64. ldlaintenance of building with nonconforming use. [Any] Except as provided in this division, a~ building within which a nonconforming use is conducted may be maintained and repaired to the extent necessary to keep it in sound condition provided the work shall not exceed twenty-five percent of the current replacement value of such building in any one calendar year as determined by the department of public works. "Section 25-4-65. Expansion of nonconforming use; changes to building with nonconforming use. if a use of a building is nonconforming because of a particular requirement of the district within which it is located (e.g., parking, yards, height, distance between buildings), then the use may be enlarged and the building may be changed or added to, provided such enlargement, change or addition is itself in full compliance with the district regulations. "Section 25-4-65.1 Exceptions to nonconforming use and buildan~ provisions The following shall be an exception to this division: (1) Amultiple-family building`or use, when the non-conformi~ situation is the conseuuence of an amendment to the general plan and associated zoning may be replaced, repaired or reconstructed to its as-built densi height and setbacks if the applicable zonin would permit construction of asingle-family residence Construction shall commence within five (5~ years from the date the building is dammed or destroyed." SECTION 2. New material is underscored. Material to be repealed is bracketed. In printing this ordinance, the brackets, bracketed material, and underscoring, need not be included. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the provision or application, and, to the end, the provisions of this ordinance are declared to be severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Ci~~ COUNCIL MEMBER, CO TY OF HAWAI`1 Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: