HomeMy WebLinkAboutBIL 157 Draft 03 2000-2002 COUN'I'~' O~ I-3AW`I S`TA~'~ OF I~AWAI`I
BILL NO. 157
(Draft 3 )
ORDINANCE 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 Division 6, of the Hawaii County Code, related to
Nonconforming Uses and Buildings, is amended to read as follows:
"Section 25-4-60. Nonconforming buildings; maintenance and repair.
(a) Any nonconforming building, except as otherwise regulated, maybe 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.
"Section 25-4-61. Continuance of nonconforming uses of land and buildings.
(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 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 25, 1967 maybe 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
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.
"Section 25-4-63. Destruction of building with nonconforming use.
[If]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 resorted and resume its existing nonconforming use.
"Section 25-4-64. Maintenance of building with nonconforming use.
[Any]~xception as provided in this division.. anX 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 maybe 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 building
r~rovisions.
The following shal~be an ~x~eption to this division:
X11 Amultiple-family building or use~when the non-conforming
situation is the
consequence of an amen went tQ the general plan and associated
zoning, maybe
replaced repaired or reconstruc ed to its as-built density hp
eieht and setbacks, if
the applicable zoning would ,permit cgnstruction of a dingle-family residence
Construction shall commence within five (51 bears from the date the building is
dammed or de~tr~yed."
SECTION 2. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 3. Severability. If any provision of this ordinance or application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of ls` Reading:
Date of 2nd Reading:
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