Haw. Code R. § 19-12-11 - Nonconforming uses

(a) Rules not retroactive. These rules shall not be construed to (1) require the removal, lowering, or other change or alteration of any structure or tree or use not conforming to these rules as of the effective date of these rules or as of the effective date of the rules superseded by these rules, or (2) otherwise interfere with the continuance of any such nonconforming use. Nothing contained herein shall require any change of construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of these rules, and which is diligently prosecuted.

(b) Markings and lighting. Notwithstanding the provisions of subsection (a) of this section, the owner of any nonconforming structure or tree or use shall permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the director to indicate to the operators of aircraft in the vicinity, of the presence of an airport hazard or of an incompatible land-use. These markers and lights shall be installed, operated, and maintained at the expense of State.

(c) Nonconforming uses abandoned or destroyed. Whenever the director determines that a nonconforming structure, tree, or use has been abandoned or more than fifty percent torn down, physically deteriorated or decayed, that nonconforming structure or tree or use shall not be reconstructed, rehabilitated, replanted, or resumed.

Notes

Haw. Code R. § 19-12-11

[Eff 6/12/81; am and comp 8/30/97; comp JUN 18 2007] (Auth: HRS § 262-3) (Imp: HRS § 262-6)