HCC §25-4-63
When a nonconforming building is badly damaged
Read the official text at hawaiicounty.gov ↗This rule says what happens if a building with a nonconforming use is damaged or destroyed. If the damage is at least half the building's value, the owner cannot rebuild it for the same use unless the use becomes conforming. If damage is less than half, the owner can restore it and keep the old use, but must finish within one year.
businesseshomeownerslandowners
The ordinance, as written (Hawaiʻi County) — Destruction of building with nonconforming use
A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.
Except as provided in this division, if the portion of any building within which a nonconforming use is conducted should be destroyed or damaged by any means to an extent equivalent to at least fifty percent of its replacement value, exclusive of foundations, then such damaged or destroyed portion may not be restored unless the use of the building is changed to a conforming use. If the damage or destruction is less than fifty percent of its replacement value, exclusive of foundation, then the building may be restored and such use may be resumed as it existed, provided that such restoration shall be completed within one year from the date of such damage or destruction. The department of public works shall determine the extent of damage to determine whether the building may be restored and resume its existing nonconforming use. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2002, ord 02-89, sec 1.)25-4-63
Published by the County of Hawaiʻi Office of the County Clerk.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.