HomeMy WebLinkAboutORD 2007-179 2006-2008 YY Os M
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 199
ORDINANCE NO. d'7 179
AN ORDINANCE AMENDING CHAPTER 25, ZONING CODE, ARTICLE 4, DIVISION 6,
OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
NONCONFORMING USES AND BUILDING PROVISIONS FOR OFF-STREET PARKING
AND LOADING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to amend chapter 25, Zoning
Code, article 4, division 6, of the Hawaii County Code 1983 (2005 Edition, as amended),
relating to nonconforming use and building provisions for off-street parking and loading, when a
building is made nonconforming with respect to parking requirements due to damage or
destruction.
SECTION 2. Chapter 25, article 4, division 6, section 25-4-65.1, of the Hawaii County
Code 1983 (2005 Edition, as amended), is amended to read as follows:
"Section 25-4-65.1. Exceptions to nonconforming use and building provisions.
The following shall be [an-e~eptien] exceptions to this division:
(1) Amultiple-family building or use, when the non-conforming situation is the
consequence of an amendment to the general plan and associated zoning,
may be replaced, repaired or reconstructed to its as-built density, height and
setbacks, if the applicable zoning would permit construction of a single-
family residence, provided the repair or reconstruction otherwise complies
with the current building code. Construction shall commence within five
years from the date the building is damaged or destroyed[.]; or
(21 A building made nonconformin¢ with respect to the number of required
parking spaces may be replaced or reconstructed if destroyed or dama eg d, to
its prior condition, with the number of parking spaces required when it was
built, provided that the director shall require additional parking be provided if
it is feasible to do so, and construction shall commence within five years
from the date the building is damaged or destroyed."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
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SECTION 4. 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 invalid provision or application, and to this end,
the provisions of this ordinance are declazed to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL M BER, COUNTY OF HAWAII
Kona , Hawaii
Date of Introduction: November 7, 2007
Date of 1st Reading: November 7 , 2007
Date of 2nd Reading: November 20, 2007
Effective Date: December 4, 2007
REFERENCE: Comm. 790
2
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Introduced By: Brenda Ford ROLL CALL VOTE
Date Introduced: November 7, 2007 AYES NOES ABS EX
First Reading: November. 7, 2007 Ford X
Published: November 16, 2007 Higa evX
Hoffmann X 7
REMARKS: Ikeda X C7
rn
Jacobson X
Naeole
Pilago X ~ ~
r.- 'C -
Yagong X T'i~j
Yoshimoto X
7 "1 1 0
Second Reading: November 20, 2007
To Mayor: November 29, 2007
ROLL CALL VOTE
Returned: December 4, 2007
AYES NOES ABS EX
Effective: December 4, 2007
Ford X
Published: December 20, 2007
Higa X
Hoffmann X
REPoIARKS:
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
6 1 1 1
/ DO HEREBY CERTIFY that the foregoing BILL was ad the County Council published as
indicated above. ,
APPROVED AS TO ~
FORM,q.N LITY:
NC L ~ R N
DEPUTY C P RATION COUNSEL J Y~
COUNTY OF HA AI'I
1 B e' COUNTYC~ERK
Date
Bill No.: 199
C-780/waived- pC
Reference:
. pprove disapproved this day
Ord No.: U7 1.79
iu , 20 U~
M OR, C - T OF HA WAI