Title
BILL 105 (2024), AMENDING SECTION 19.500.110, MAUI COUNTY CODE, REGARDING NONCONFORMITIES (HLU-34)
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 August 12, 2024, from Councilmember Paltin, proposing to amend Bill 105 (2024) to disallow nonconforming transient vacation rental uses from resuming if they were discontinued for any reason.
3. An Amendment Summary Form, dated October 17, 2024, 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, REGARDING NONCONFORMITIES.” The proposed CD1 version: 1) allows the new provisions relating to 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 under Section 127A-14, Hawaiʻi Revised Statutes; 2) allows nonconforming uses that occurred in a structure damaged or destroyed by an emergency or disaster to continue if reestablished in a structure repaired or reconstructed in compliance with Title 16, Maui County Code; 3) makes a conforming amendment to Section 19.39.150, Maui County Code; and 4) incorporates technical and nonsubstantive revisions.
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.