HAR §19-12-11. (b)

Markings and lighting. Nptwithstanding 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 o.:(:, the .presence of an . airport hazard or of land 1,1se. These markers and lights shall be installed, operated, and maintained at the expense of the . (c) Nonconforming uses abandoned or destr.oyed. Whenever the director determines that a nonconforming structure, tree, or use has been abandoned or more than percent torn down, physically deteriorated or decayed, that nonconforming structure or tree or shall .not be reconstruct.ed, rehabili ta.ted 1 replanted, or resumed. [Eff 6/12/81; am and comp 8/30/97; comp JUN 182007 ] (Auth: HRS Section 262-.3) (Imp: HRS Section 262-6) . Section 19-12-12 Permits required .. (a) Except as prov.ided in .Sections 19-12-9 and 19-1.2-.13 1 no substantial change.shall be made in the use of land 1 and no 'structure shall be erected or altered and no tree shall be planted or otherwise.established in any zone described in Section 19-12-4 unless a permit therefor shall have been applied for and granted by the director. Each application for a permit shall ind.icate the purpose for which the permit is desired, with sufficient detail to permit a determination of whether the resulting structure or tree would conform to the height limita tions established in Section 19-12-7, or whether the resulting use violates tpe use restrictions establisned ip Section 19-12-10. The director shall grant all applications for a permit unless to do so would allow the establish ment; maintenance/. or creation of an airport hazard. (b) No permit shall be granted which would allow the establishment, maintenance, or creation of an airport hazard or nonconforming use, structure, or tree to be made or become higher, or become.a greater hazard to air naviga tion 1 than it was on the effective date of these rules or the rules superseded by these rules. 12-10 Section 19-12-14 (c) In granting any application for a permit, the director mq.y, if he deems such action reasonable in the circumstances, so condition the permit as to require the owner of the structure or tree or the user in question to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators or aircraft the presence of an [Eff 6/12/81; am and comp 8/30/97; comp uUN ] (Auth: HRS Section 262-3) (Imp: HRS Section 262-7) -