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Home My WebLink AboutORD 2002-089 2000-2002 couN~ o~ s~rA°r~ o~ ~~~~T BILL NO. 157 (Draft 7) ORDINI~NCE 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 25-4-60. 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) 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 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~rovided in this divisionyif 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 ifJ. 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. Maintenance of building with nonconforming use. [Any] Except as provided in this division, any 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 2 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 building nrovisions The following shall be an exception to this division: X11 Amultiple-family building or use. when the non-conforming situation is the conseduence of an amendment to the eg neral plan and associated zoning may be replaced, repaired or reconstructed to its as-built densitX, height and setbacks~if the applicable zoning would permit construction of a sin ln,~ e-family residence, provided the repair or reconstruction otherwise complies with the current building code. Construction shall commence within five ,S~years from the date the building is damaged or destroyed." 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. IN C . C • l.~? COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: July 3, 2002 Date of 1St Reading: July 3, 2002 Date of 2"d Reading: July 31, 2002 f g~ August iy, 20Q2 E~C~~~C.t~~vi`iiiT~. (~$~n ~ OFFICE OF THE COUNTY CLERK County of Hawaii ' xilo ,Hawaii (DRAFT 6 ) ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Date Introduced: July 3, 2 0 0 2 Arakaki X First Reading: July 3, 2002 Chung X Published: N/A Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 5 0 4 0 (DRAFT 7) Second Reading: July, 31, 2 0 02 ROLL CALL VOTE To Mayor: ~ AuQUSt 8 , 2002 AYES NOES ABS EX Returned: August 2 0, 2 0 0 2 Arakaki X Effective: A~~gust 19~ 2002 Chung X Published: September 3, 2002 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. - I APPROVED AS TO f .~z.? FORM AND LEGALITY: ~ t , ~ OU C L CH IRMAN , DEPUT O OR~ ON COUNSEL ~ ~ COUNTY OF HAWAII COU ERK Date / ~ 157, Draft 7 Bill No.: C-480.8/PC-85 Approve Disapproved this day Reference: Ord No.: o f ~'u.~ uNi' , 20 0 'L ,MAYOR, YOFHAWAII