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 Lana'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 Lana'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 t...
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