HomeMy WebLinkAboutBIL 111 Draft 01 1996-1998
--.~
.
.
COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 111
ORDINANCE NO. 97 116
AN ORDINANCE AMENDING CHAPTER 27, OF THE HAWAII COUNTY CODE 1983
(1995 EDITION), RELATING TO FLOOD CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA WAIl:
SECTION 1. Chapter 27, article 2, section 27-12(a)(61), Hawaii County Code (1995
edition), is amended by amending the definition of "substantial improvement" to read:
(61) "Substantial Improvement." For the purposes of this chapter, the
determination of whether any improvements constitute substantial improvements
is applicable only to structures built prior to May 5, 1982[.]or buildings
constructed after May 5. 1982 which were not within a special flood hazard area
at the time of issuing the building permit. "Substantial improvement" means any
repair, reconstruction, rehabilitation, addition, or other proposed new development
of a structure, the cost of which equals or exceeds fifty percent of the market value
of the structure before the "start of construction" of the improvement which shall
be the sum of all costs of all such work performed in the previous three years
including the cost of the current work being considered. This term includes
structures which have incurred "substantial damage," regardless of the actual
repair work performed. The term does not, however, include either (A) any
project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to
assure safe living conditions; or (B) any alteration of a "historic structure," .
provided that the alteration will not preclude the structure's continued designation
as a "historic structure."
-1-
.
.
SECTION 2. Chapter 27, article 2, section 27-13, Hawaii County Code (1995 edition),
is amended to read as follows:
Section 27-13. Nonconforming structures.
Any nonconforming structure existing on May 5, 1982 or made
nonconforming by a change in the special flood hazard area may continue, subject
to the following conditions:
(a) Any repair, reconstruction, improvement, or addition to a nonconforming
structure, if it is considered to be substantial improvement, shall comply
with the applicable standards of this chapter.
(b) All relocated structures shall comply with the applicable standards of this
chapter.
(c) Substantial improvement of a damaged, destroyed, or demolished structure
located in a floodway shall not be allowed unless a variance from the flood
requirements is obtained.
SECTION 3. Chapter 27, article 4, section 27-18, Hawaii County Code (1995 edition),
is amended by amending subsection (d) to read as follows:
(d) Elevation and Floodproofing.
(1) Within Zones AE and AH:
(A) For residential new construction and substantial
improvements:
The lowest floor[, but not including floors used
solely for vehicle parking, building access, or storage,] shall
be elevated to or above the base flood elevation.
[Should the lowest floor be below the base flood
elevation, then the structure shall be designed and
constructed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit
of floodwater. Designs for meeting this requirement must
either be certified by a professional engineer or architect
registered in the State of Hawaii or provide a minimum of
two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to
flooding. The bottom of all openings shall be no higher
than one foot above grade. Openings may be equipped with
-2-
.
.
screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of
floodwater.]
(B) For nonresidential new construction and substantial
improvements:
If the lowest floor[, but not including floors used
solely for vehicle parking, building access, or storage,] is
below the base flood elevation, then the [lowest floor]
structure together with attendant utility and sanitary
facilities shall be designed and constructed such that:
(i) The structure is watertight below the base flood
elevation.
(ii) The walls are substantially impermeable to the
passage of water.
(iii) The structural components are capable of resisting
hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(C) Within Zone AH, new construction and substantial
improvement shall be required to provide adequate
drainage paths around structures on slopes to guide flood
waters around and away from proposed structures.
(2) Within Zone AO:
(A) For new residential construction and substantial
improvements:
The lowest floor[, but not including floors used
solely for vehicle parking, building access, or storage,] shall
be elevated above the highest adjacent grade at least as high
as the depth number specified in feet on the FIRM, or at
least two feet if no depth number is specified.
[Should the lowest floor be below the required
elevation, then the structure shall be designed and
constructed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit
of floodwater. Designs for meeting this requirement must
either be certified by a professional engineer or architect
registered in the State of Hawaii or provide a minimum of
two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to
flooding. The bottom of all openings shall be no higher
than one foot above grade. Openings may be equipped with
screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of
floodwater. ]
-3-
.
.
(B) For nonresidential new construction and substantial
improvements:
If the lowest floor[, but not including floors used
solely for vehicle parking, building access, or storage,] is
below the elevation referenced in
subsection 27-18(d)(2)(A), then the [lowest floor] structure
together with attendant utility and sanitary facilities, shall
be designed and constructed such that:
(i) The structure is watertight below the referenced
flood elevation.
(ii) The walls are substantially impermeable to the
passage of water.
(iii) The structural components are capable of resisting
hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(C) New construction and substantial improvement shall be
required to provide adequate drainage paths around
structures on slopes to guide flood waters around and away
from proposed structures.
(3) Within Zones V and VE:
New construction and substantial improvement shall
comply with the standards of section 27-23.
(4) Within Zone A:
New construction and substantial improvement shall
comply with the standards of section 27-24.
SECTION 4. 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 5. 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 declared to be severable.
-4-
.
.
SECTION 6. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
i-.t.t"a:KtNCE: Comm.
August 6, 1997
August 6, 1997
August 20, 1997
September 8, 1997
387
-5-
F HAWAII