HAR §15-15-31
HAR §15-15-31. Casual or illegal use of land
Cite as Haw. Code R. § 15-15-31
A
casual, intermittent, temporary, or illegal use of
lands or buildings shal! not be sufficient to establish
the existence of a nonconforming use. [Eff 10/27/86;
comm 8/16/97; am and comp 5/8/00; comp N0Vÿ2ÿ013 ]
(Auth: HRS ÿ205-i, 205-7) (Imp: HRS §205-
§15-15-32 Existence of nonconforming use is a
question of fact. Whether a nonconforming use exists
shal! be a question of fact and shall be decided by the
24
3081 l mm
board, commission, or agency having jurisdiction over
uses within the district. [Elf 10/27/86; am and
comp 8/16/97; am and comp 5/8/00; comp NOV 0 2ÿ01]
(Auth: HRS §§205-1, 205-7) (Imp: HRS §205-8)
15-15-33 Illegal uses. An illegal use of lands
or buildings shal! not be validated by the adoption of
this chapter° ÿ ÿ{ÿ7/86; am and comp 8/16/97; comp
5/8/00; comp a_ ] (Auth: HRS §§205-1,
205-7 (Imp: HRS §205-8)
SUBCHAPTER 5
PROCEEDINGS BEFORE THE COMMISSION
15-15-34 Quasi-judicial proceedings; waiver or
suspension of rules. (a) The intent and purpose of
chapter 205, HRS, is to establish quasi-judicial
procedures which would ensure the effective application
of established state land use policies through an
adversarial process in a hearing in which diverse
interests will have an opportunity to present their
views in an open and orderly manner. Accordingly, the
commission expects all persons and parties to comply
with this subchapter and chapter 91, HRS, so that the
commission will have a full and complete record upon
which it can render its decision.
(b) Unless contrary to statute, the commission
may waive or suspend any rule when the commission
determines that: (i) good cause exists for such
waiver; and (2) strict enforcement of such procedural
rule would impose a manifest injustice upon a party or
person who has substantially complied with the
commission's rules in good faith. No rule relating to
jurisdictional matters shall be waived or suspended by
the commission. [Elf 10/27/86; am and comp 8/16/97; am
and comm 5/8/00; am and comm NOV 0 2ÿ013 ] (Auth:
HRS ÿ§205-i, 205-7) (Imp: HRS §91-3)