The districts of Wailuku, Makawao, Lahaina, Hana, Lanai, and Molokai shall mean the Wailuku district, Makawao district, Lahaina district, Hana district, Lanai district, and Molokai district as described in section 4-1 of the Hawaii Revised Statutes. (Prior code § 8-2.1)

The ordinance codified in this title shall be known as the “Interim Zoning Ordinance” for the various districts of Maui as defined in this chapter for the purpose of providing interim regulations pending the formal adoption of a comprehensive zoning ordinance and map which are deemed as necessary in order:

A. To encourage the most appropriate use of land;

B. To conserve and stabilize the value of property;

C. To prevent certain uses that will be detrimental to existing uses;

D. To promote the health, safety and the general welfare of the respective districts. (Prior code § 8-2.2)

A. No land or building shall be used and no building shall be erected or structurally altered or maintained within the districts of Wailuku, Makawao, Lahaina, Hana, Lanai and Molokai except for one or more of the following uses:

1. One-family dwellings; provided, that no such dwelling shall be constructed on any lot having an area of less than six thousand square feet and that the minimum frontage for such lots shall be not less than sixty feet; provided further, that this area requirement shall not apply to the building of a single-family dwelling on a lot less than six thousand square feet in area where the boundaries of such lot were established prior to the effective date of the ordinance codified in this article; provided also, that if more than one such dwelling is to be constructed on any lot, there must be at least six thousand square feet for each dwelling and that the minimum frontage for such lots shall be not less than sixty feet. There may be the usual necessary accessory buildings in connection with any such dwelling, including a private garage of such size as may be necessary for the occupants of the dwelling, as well as buildings used for accessory dwellings;

2. One or two-story duplex dwellings; provided, that there is at least twelve thousand square feet of lot area for each such dwelling, and that the minimum frontage for such lots shall be not less than sixty feet;

3. Hospitals and/or sanitariums (except those for contagious, mental, or drug or liquor addict cases) and/or convalescent homes; provided, that any buildings used in connection with such institutions shall be erected at a distance of not less than three hundred feet from the main highways; and provided further, that the minimum lot area for such uses shall be twenty thousand square feet with a minimum lot width of one hundred feet. No building, including accessory buildings, shall be located less than twenty feet from all lot boundaries;

4. Day care nurseries, museums, churches, libraries, kindergartens, elementary schools, intermediate schools, high schools and universities;

5. Publicly owned buildings;

6. Public utility uses;

7. The expansion of existing parks, playgrounds, or community centers consisting of such open spaces developed with no buildings or minimum buildings, owned, or operated by either private or governmental agencies;

8. Agricultural uses, including, but without limiting the generality of the term, all forms of animal husbandry including commercial poultry and fowl hatcheries (except the raising or keeping of swine and bees, which use shall be permitted only by special use permit); and all forms of agricultural uses incidental to or in conjunction with the production, cultivation, growing or harvesting of all products of the soil, whether agricultural or horticultural; and all domestic animals, livestock (excluding swine and bees) and poultry; field and truck crops, sugar cane, pineapple, flower and nursery products, fruits, vegetables and nuts; the processing of any of the foregoing or the preparation of the same for market; and the operation, management, maintenance and development of a farm, plantation, ranch, or other enterprise engaged in agricultural or animal husbandry (except the raising of swine and bees which should be located in areas permitted by special use permit); provided, that no lot with an area of less than one acre shall be used for the raising or keeping of livestock or other domestic animals for commercial purposes without a permit to do so issued by the director of the Maui planning commission, and no lot with an area of less than one-half acre shall be used for the raising or keeping of poultry and fowl hatcheries for commercial purposes without a permit to do so issued by the director.

B. The director may issue such permits, and the issuance shall be based upon the location, physical characteristics and nuisance elements to the immediate neighbors; and such permits may be revoked by the director after due hearing if such action shall be necessary to effectuate the purposes of this title. No person shall be deemed to be engaged in the raising or keeping of livestock or other domestic animals for commercial purposes, or in the raising or keeping of poultry and fowl hatcheries for commercial purposes, if the anticipated annual gross income therefrom does not exceed one thousand five hundred dollars.

C. Notwithstanding any other provisions contained in this article to the contrary, all such permits shall be issued without charge. (Ord. 2030 § 2, 1991: Ord. 1269 § 9, 1982; prior code § 8-2.3)

Any lawful use of land and/or building or structure existing or under construction at the time the ordinance codified in this article was adopted may be continued and any structure as may be used thereon may be maintained, structurally altered, or enlarged; provided, that if any such nonconforming use be discontinued for a period of one year, and further continuance of such use shall not be allowed; and provided further, that no such nonconforming use shall be changed to a different nonconforming use. (Prior code § 8-2.4)

A. In any particular case where strict compliance with the provisions of this article would cause practical difficulty or unnecessary hardship, the owner or lessee (holding under recorded lease the unexpired term of which is more than five years from the date of filing his application) of the property affected, may file a written application with the board of variances and appeals for a variance from the restrictions imposed setting forth therein the description of the property, the regulations affecting it and the conditions justifying such a variance. Each application shall be accompanied by a fee in the amount set forth in the annual budget to cover the cost of public hearing including the cost of publication; provided, that no fee shall be required where the relief requested is for lot size requirements. Published notice and public hearing shall be in conformity with the practice of the board of variances and appeals. “Published notice,” wherever used, means notice by publication in a newspaper of general circulation in the county for two publications, the first of such publication to be at least fifteen days prior to the date of the hearing so noticed.

B. Upon finding by the board of adjustment and appeals at the completion of the hearing that the application presents a situation wherein strict enforcement of any provision of this article would involve practical difficulty or unnecessary hardship, and further, that desirable relief may be granted without being detrimental to the public interest, convenience and welfare, a variance permit may be issued to such applicant on such terms and conditions and for such period of time as the facts may warrant.

C. Where the relief is for a variance for the change of one nonconforming use to a different nonconforming use where the structure and/or lot area are not structurally altered or enlarged, the provisions of this section as to notice and hearing may be waived at the discretion of the board of adjustment and appeals.

D. Any action of the board, whether granting or denying the relief applied for, shall be referred to the council for its approval. The council may override any action of the board and either grant or deny relief, as the case may be, by an affirmative vote of at least five of its members. (Ord. 1933 § 1, 1990; Ord. 1422 § 1, 1984: prior code § 8-25)

It shall be the duty of the department of public works, through its director of public works, to enforce other provisions of this article. (Ord. 1015 § 1, 1980: prior code § 8-2.6)

Any person, firm or corporation violating or failing to comply with any of the provisions of this article shall be punished by a fine not exceeding $500. The continuance of any such violation after conviction shall be deemed a new offense for each day of such continuance. (Prior code § 8-2.7)