HCC §25-4-65

When damaged buildings can be rebuilt despite zoning rules

Read the official text at hawaiicounty.gov ↗

This section lists two exceptions to zoning rules for nonconforming buildings. A multi-family building made nonconforming by a plan or zoning change can be rebuilt to its old size if a single-family home would be allowed there. A building with too few parking spaces can also be rebuilt as it was, but extra parking may be required if possible. Work must start within five years of damage.

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The ordinance, as written (Hawaiʻi County) — 1. Exceptions to nonconforming use and building provisions

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.

The following shall be exceptions to this division: (1) A multiple-family building or use, when the non-conforming situation is the consequence of an amendment to the general plan and associated zoning, may be replaced, repaired or reconstructed to its as-built density, height and setbacks, if the applicable zoning would permit construction of a single-family residence, provided the repair or reconstruction otherwise complies with the current building code. Construction shall commence within five years from the date the building is damaged or destroyed; or (2) A building made nonconforming with respect to the number of required parking spaces may be replaced or reconstructed if destroyed or damaged, to its prior condition, with the number of parking spaces required when it was built, provided that the director shall require additional parking be provided if it is feasible to do so, and construction shall commence within five years from the date the building is damaged or destroyed. (2002, ord 02-89, sec 1; am 2007, ord 07-179, sec 2.)25-4-65.1 Division 7. De Minimis Structure Position Discrepancy.

Read the official text at hawaiicounty.gov ↗as published Jul 16, 2026our copy taken Aug 21, 2026

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.