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BILL NO. 1 s7
(Draft
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE 1983 (1995 EDII`ION) 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:
66Section 25-4-60. 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) [f 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.
"Bastion 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 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.
"Section 25-4-63. Destruction 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 ifs. 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 maybe 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 maybe restored and resume its existing nonconforming use.
"Section 25-4-64. Maintenance of building with nonconforming use.
[Any] Except as provided in this division, anX building within which a nonconforming
use is conducted maybe 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
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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 nonconforminguse and building, provisions.
The following shall be an exception to this division:
(1) Amultiple-family building or use, when the non-conformi~ situation is the
consequence of an amendment to the general plan and associated zoning=maybe
replaced, repaired or reconstructed to its as-built density, hei hg t and setbacks, if
the applicable zoning would permit construction of a single-family residence.
Construction shall commence within fiv~5) tears from the date the building; is
damaged or destroy"
SECTION 2. Material to be repealed is bracketed. New material is underscored. 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, the 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 severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUC BY•
COUNCIL MEMBER, COUNTY OF HAWA[`I
Hilo, Hawaii
Date of Introduction:
Date of 1 sc Reading:
Date of 2°d Reading:
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