Haw. Code R. § 19-170-64 - Nonconformities

(a) Except as otherwise provided, nonconforming uses of land and structures, and nonconforming lots, structures, parking and loading within the project area may be continued subject to the provisions hereinafter specified.

(b) Nonconforming use of land shall not:

(1) Be enlarged, increased or extended to occupy a greater area of land than was occupied on January 1, 1991;

(2) Continue if it ceases for any reason (except where government action impedes access to the premises) for a period of more than six consecutive months or for twelve months during any three-year period; or

(3) Be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use on January 1, 1991;

(c) The following are rules with respect to nonconforming uses of structure:

(1) Nonconforming use of structure shall not extend to any part of the structure which was not manifestly arranged or designed for the use there on January 1, 1991; and a nonconforming use shall not be extended to occupy any land outside the structure. The structure shall not be enlarged, extended, constructed, reconstructed, moved, or structurally altered;

(2) Nonconforming use of structure shall not continue if it is discontinued for twelve consecutive months or for eighteen months during any three-year period;

(3) If structural alterations are not made, any nonconforming use of a structure, or structure and premises in combination, may be changed to another nonconforming use of the same nature, or to a more restricted use, or to a conforming use; provided that change to a more restricted use or to another nonconforming use may be made only if the relation of the structure to the surrounding facility is such that adverse effects on occupants and neighboring facility will not be greater than if the original nonconforming use continued;

(4) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten per cent of the current replacement value of the building;

(5) Nothing contained in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of that official.

(d) The following are rules with respect to nonconforming structures:

(1) A nonconforming structure may be continued as long as it remains otherwise lawful.

(2) A nonconforming structure may be altered in any way which does not increase its nonconformity.

(3) If a nonconforming structure is destroyed by any means to an extent of more than fifty per cent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of these rules. Except as otherwise provided herein, no nonconforming structure that is voluntarily razed or required by law to be razed by the owner thereof may thereafter be restored except in full conformity with the provisions of this chapter.

(4) If a nonconforming structure is moved for any reason, it shall thereafter conform to the applicable rules of this chapter after it is moved.

(e) Nonconforming parking and loading may be continued, subject to the following provisions:

(1) If there is a change in use which has a greater parking or loading requirement than the former use, additional parking and loading shall be required and shall not be less than the difference between the requirements for the former use and the proposed use.

(2) Off-street parking and loading requirements of this chapter shall be satisfied for additional floor area constructed.

Notes

Haw. Code R. § 19-170-64

[Eff MAY 5 2013] (Auth: HRS §§ 206J-5, 206J-7, 206J-I) (Imp: HRS §§ 206J-1, 206J-5, 206J-7)