Haw. Code R. § 15-220-65 - Nonconformities

(a) Applicability. This section applies to nonconformities, including their continuation, enlargement, or expansion.

(b) Continuation. A nonconformity that was lawfully operated, established, or commenced in accordance with the provisions of all authority statutes or regulations in effect at that time may continue subject to this section.

(c) Violation of rules. The violation of this section shall immediately disallow a nonconformity.

(d) Nonconforming uses:

(1) Continuance of nonconforming uses. The lawful use of any structure existing as of the effective date of the rules may be continued, although such use does not conform to the provisions of the rules. Such use may be extended throughout the structure, provided that no structural alterations or additions to the structure occur, except those made in conformance with the rules; and

(2) Changes of use:

(A) Any nonconforming use may be changed to a use conforming with the rules established for the land use zone in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not in the future be changed back to a nonconforming use; and

(B) A nonconforming use may only be expanded under the provisions of subsection (e)(2).

(e) Nonconforming structures:

(1) Continuance of nonconforming structures. Subject to the provisions of subsection (b), any nonconforming structure may be occupied, operated, and maintained in a state of good repair;

(2) Enlargement, conforming and nonconforming use. A nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all regulations established in subchapter 2 (land use) and subchapter 3 (area-wide standards); and

(3) Exception for repairs pursuant to public order. Nothing in the strengthening or restoration to a safe condition of a building or structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders it to restoration to a safe condition, provided that such restoration is not otherwise in violation of the various provisions of this subsection prohibiting the repair or restoration of partially-damaged or destroyed buildings or structures.

Notes

Haw. Code R. § 15-220-65

[Eff 8/9/2021] (Auth: HRS §§ 206E-4, 206E-22) (Imp : HRS § 206E-22)