(a) The purpose of this section is to recognize the hardship imposed on uses that were legally established, but now fall under the procedures and standards of the following permits: cluster housing; country cluster; agricultural cluster; or conditional use. Subject to the director’s approval, the existing use procedure is an option to nonconforming status for qualifying uses. In the event of destruction, uses may be continued and structures may be rebuilt under the approved existing use plan; provided that such restoration is permitted by the building code and flood hazard regulations and is started within two years.
(b) Existing use approval is subject to the following.
(1) The existing uses and associated structures do not substantially limit, impair, or preclude the use of surrounding properties for the principal uses permitted in the underlying district. This assessment may include impacts on traffic flow and control; off-street parking and loading; sewerage; drainage and flooding; refuse and service areas; utilities; screening and buffering; signs; yards and other open spaces; lot dimensions; height, bulk, and location of structures; hours and manner of operation; and noise, lights, dust, odor, and fumes.
(2) Existing uses and structures shall meet the applicable zoning requirements at the time the uses and structures were approved. Existing uses and structures are not required to meet the current underlying district regulations, nor the minimum development standards of this chapter; provided that existing uses involving dwelling units, other than those associated with a plantation community subdivision, must conform to the requirements relating to minimum land area and maximum number of units specified in § 21-8.50-2 for cluster housing, in § 21-3.60-2 for country clusters, and in § 21-3.50-2 for agricultural clusters, whichever applies. For purposes of this subsection, a plantation community subdivision may include housing, and community or agricultural support buildings, as provided under HRS § 205-4.5(a)(12).
(3) When granting existing use approval, the director may impose conditions consistent with the purposes of this section and the permit that would otherwise be required.
(4) Developments existing on the site shall be considered as an approved plan after review by the director.
(5) Minor alterations, additions, or modifications may be approved by the director; provided the proposal is consistent with the intent of the permit otherwise required by this chapter, and does not create adverse land use impacts on the surrounding neighborhood. Major alterations, additions, or modifications shall be processed under the applicable permit.
(6) Any previous variance, conditional use permit, or similar actions granted for the particular use shall continue in effect until superseded.
(7) An existing use application shall be processed in accordance with § 21-2.40-1.
(1990 Code, Ch. 21, Art. 2, § 21-2.100) (Added by Ords. 99-12; Am. Ord. 10-19)