Title
BILL 105 (2024), AMENDING SECTION 19.500.110, MAUI COUNTY CODE, REGARDING NONCONFORMITIES
Description
The Committee is in receipt of the following:
1. Bill 105 (2024), entitled “A BILL FOR AN ORDINANCE AMENDING SECTION 19.500.110, MAUI COUNTY CODE, REGARDING NONCONFORMITIES.” Bill 105’s purpose is to address nonconforming structures and uses damaged, destroyed, or affected by an emergency or disaster declared by proclamation of the Governor to constitute a state of emergency under Chapter 127A, Hawai‘i Revised Statutes.
2. An Amendment Summary Form, dated January 29, 2025, from the Committee Chair, with a proposed CD1 version of Bill 105 (2024), entitled “A BILL FOR AN ORDINANCE AMENDING SECTIONS 19.39.150 AND 19.500.110, MAUI COUNTY CODE, ON NONCONFORMITIES.” The proposed CD1 version includes the following amendments:
1) Allows the new provisions relating to the repair and reconstruction of nonconforming structures damaged, destroyed, or affected by an emergency or disaster and reestablishment of nonconforming uses to also apply if the Mayor proclaims a local state of emergency;
2) Replaces reliance on building code and flood hazard regulations with compliance with Title 16, Maui County Code, as part of the criteria for continuation of nonconforming uses in a structure damaged or destroyed by an emergency or disaster;
3) Authorizes the Fire Chief, in certain instances, to require the repair or reconstruction of nonconforming structures in residential projects on Lāna‘i and Maui to comply with chapters 16.25 and 16.26C, Maui County Code, or portions of those chapters, as may be necessary to improve public safety;
4) Authorizes the Fire Chief to make recommendations to the Planning Director to relocate nonconforming uses on Lāna‘i and Maui affected by an emergency or disaster in an equal proportion on the lot or within a structure to improve public safety;
5) Reduces the time to reconstruct or reestablish a nonconforming structure from five years to four years from the initial date of the governor’s or mayor’s proclamation, whichever occurred first;
6) Extends the time for nonconforming structures and uses that were affected by the August 2023 Maui wildfires to be reconstructed and reestablished until April 1, 2029;
7) Limits the authority of the Planning Director to grant a two-year extension of the deadline to complete the repair or reconstruction of the nonconforming structure or reestablish the nonconforming use to properties within a historic district or within the special management area, or both;
8) Makes a conforming amendment to Section 19.39.150, Maui County Code; and
9) Incorporates technical and nonsubstantive revisions.
3. An Amendment Summary Form, dated January 29, 2025, from the Committee Chair, proposing to amend Bill 105 (2024) by prohibiting a nonconforming transient vacation rental use from resuming if the use was discontinued for 12 consecutive months or more because the transient vacation rental was within a structure that was damaged or destroyed by an emergency or disaster on Lāna‘i or Maui.
Status
The Committee may consider whether to recommend passage of Bill 105 (2024) on first reading, with or without revisions. The Committee may also consider the filing of Bill 105 (2024) and other related action.