HAR §13-5-7. Nonconforming uses and structures

(a) This chapter shall not prohibit the continuance, or repair and maintenance, of nonconforming land uses [and structures] as defined in this chapter. (b) Any land identified as a kuleana may be put to those uses which were historically, customarily, and actually found on the particular lot including, if applicable, a single-family residence. (c) The repair of [structures] a nonconforming land use shall be subject to development standards set forth in this chapter, and other requirements as applicable, including but not limited to a county building permit, floodplain management regulation, shoreline setback, and shoreline certification. (d) If a nonconforming structure is damaged or destroyed by any means (including voluntary demolition) to an extent of more than fifty percent of the replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter[, except as provided under section 13-5-22(P-8)]. The applicant for the repair of a nonconforming structure shall provide evidence that §13-5-10 5-16 that repair does not exceed fifty percent of the total replacement cost in today’s dollars by providing a professionally licensed construction estimate, when requested by the department. (e) [Repairs or maintenance]Repair, maintenance, or operation of a nonconforming structure shall not exceed the size, height, or density of the structure which existed on October 1, 1964 or at the time of its inclusion into the conservation district, with the exception that areas within the flood zone may allow consideration for additional heights above the maximum allowable building elevation to comply with the National Flood Insurance Program requirements when so determined by the board, and adjustments to the location, size, or depth of the nonconforming structure may also be considered to reduce risks from erosion and flooding. (f) The burden of proof to establish that the land use or structure is legally nonconforming shall be on the applicant. [Eff and comp 12/05/11; am and comp ] (Auth: HRS §183C-3) (Imp: HRS §§183C- 5, 183C-6) SUBCHAPTER 2 SUBZONES