The purpose and intent of this article is to ensure compliance with all provisions of this title and to describe how permit applications are to be processed. (Ord. 2032 § 5 (part), 1991)

No person shall erect, construct, enlarge, extend, structurally alter, or use any building, structure, or parcel of land which does not conform to the provisions of this title or to the plans required to be approved by the director of public works or the director’s authorized representative. (Ord. 2032 § 5 (part), 1991)

For the purpose of this article, certain words or terms used herein shall be interpreted as set forth in this chapter unless specifically prescribed elsewhere in this article. Words and terms not defined in this section shall be interpreted in accord with such normal dictionary meaning or customary usage as is appropriate to the context. Words used in the present tense shall include the future, and the plural number includes the singular. The words “used” or “occupied” include the words “intended,” “designed,” or arranged to be used or occupied. The word “lot” includes the words “plot” or “parcel.” The word “shall” is mandatory and the word “may” is permissive. (Ord. 2032 § 5 (part), 1991)

A. Administrative Officer Designated. It shall be the duty of the director of public works of the County to administer and enforce the provisions of this title, and therefore, the director of public works shall be known as the administrative officer of this title. Nothing in this article shall be construed to abrogate the authority and responsibilities of the planning director, Maui planning commission, and Molokai planning commission, set forth in this title and in the charter of the County. In addition, pursuant to the charter of the County, the department of water supply shall implement the County’s general plan and community plans in the administration of its affairs.

B. Duties of Administrative Officer.

1. Generally. In its duty to approve applications for subdivision, building, certificate of occupancy, sign, grading, plumbing, electrical, or other development or construction permits, the director of public works shall approve an application which complies with the provisions of this title. The director of public works shall use the director’s best effort to prevent and detect any violation of the provisions of this title and to secure the correction of these violations.

2. Enforcement. Upon discovering a violation of the provisions of this title, the director of public works shall:

a. Send a written notice to the person responsible for the violation which indicates the nature of the violation and the action necessary to correct it;

b. Order discontinuance and removal of any uses of land, buildings, structures, additions, alterations or portions thereof or any work being done which is in violation of this title; and

c. Take or cause to be taken any other action, authorized by law, to ensure compliance with this title.

3. Records. The director of public works shall maintain records of all official actions taken by the director’s office with respect to the administration and enforcement of this title. These records shall include, but are not limited to, approved certificates of occupancy, sign, building, grading, plumbing, electrical and other construction permits, violations and actions taken with regard thereto, including remedial action taken and final disposition of cases, and any other information which the director deems necessary in the performance of the director’s duties as administrative officer of this title. (Ord. 2032 § 5 (part), 1991)

A. Upon receiving an application for a building permit required by the building code of the County, the director of public works shall determine whether the application conforms to the requirements of this title. No building permit shall be issued unless the director of public works, or the director’s authorized designee, certifies that the proposed construction and use of the premises conform to all applicable provisions of this title.

B. All applications for permits to erect, construct, enlarge, extend, or structurally alter any building or structure shall be accompanied by plans which are drawn to scale and which are in such number as are requested by the director of public works.

These plans shall indicate:

1. The actual shape and dimensions of the lot or tract of land on which the building or structure is to be erected, constructed, enlarged, extended, or structurally altered;

2. The exact size and location of existing and proposed buildings or structures and any enlargement, extension, or structural alteration to be made thereto and any accessory building or structure to be used in connection therewith;

3. The current and proposed use of the lot, building or structure;

4. If the building is to be used for purposes to which floor area ratios and parking requirements apply, the number of occupants the existing and proposed building or structure is designed to accommodate and the amount of floor area contained therein; and

5. Any other information requested by the director of public works in order for the director to administer and enforce the provisions of this title and the building code of the county. (Ord. 2032 § 5 (part), 1991)

No person shall use or permit the use of any building, structure, premises, or portion thereof, other than a single-family dwelling unit, unless a certificate of occupancy for the building, structure, premises, or portion thereof has been issued by the director of public works or the director’s authorized representative. (Ord. 2032 § 5 (part), 1991)

The director of public works shall determine whether applications for subdivisions conform to the requirements of this title. No preliminary or final subdivision plan shall be issued unless the director of public works or the director’s authorized representative has certified that the proposed subdivision conforms to all applicable provisions of this title. (Ord. 2032 § 5 (part), 1991)

The director of public works shall determine whether applications for grading, electrical, plumbing, sign, and other construction and development permits issued by the director conform to requirements of this title, chapter 6E of the Hawaii Revised Statutes, and any other development regulation or law of the county or the State of Hawaii. No grading, electrical, plumbing, sign, or other construction or development permit shall be issued unless the director of public works or the director’s authorized representative certifies that the construction or development being requested by the application conforms to the provisions of this title. (Ord. 2032 § 5 (part), 1991)

The director of water supply shall ensure that any approval by the department of water supply conforms to the requirements of this title. (Ord. 2032 § 5 (part), 1991)

The provisions of this title, or the application thereof, shall not be construed to affect, interfere with or abrogate any covenant, condition, limitation or restriction contained in any deed, contract or agreement, whether recorded or otherwise, relating to the use of any land, building or structure. Whenever the provisions of this title, or the application thereof, impose greater restrictions upon the use of land, buildings or structures than are imposed by any such covenants, conditions, limitations or restrictions, the provisions of this title, of the application thereof, shall govern the use of such land, buildings or structures. (Ord. 2032 § 5 (part), 1991)

Nonconforming lots, structures, uses and parking may be continued, subject to the following provisions:

A. Nonconforming Lots.

1. A nonconforming lot shall not be reduced in area, width or depth, except by government action to further public health, safety or welfare; and

2. Any nonconforming structure or use may be constructed, enlarged, extended or moved on a nonconforming lot as long as all other requirements of this title are met.

B. Nonconforming Structures.

1. If a nonconforming structure is destroyed by any means to an extent of more than fifty percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title; except, that:

a. Notwithstanding the foregoing provision, a nonconforming structure which is an historic property as defined in chapter 6E of the Hawaii Revised Statutes and a nonconforming structure devoted to a conforming use which contains multifamily dwelling units owned by owners under the authority of chapters 514A and 421G of the Hawaii Revised Statutes, or units owned by a “cooperative housing corporation” as defined in section 403-98(b) of the Hawaii Revised Statutes, and whether or not the structure is destroyed by accidental means, including destruction by fire, other calamity, or natural disaster, may be restored to its former condition; provided, that such restoration is permitted by the building code and flood hazard regulations and is started within two years;

b. The burden of proof to establish that the destruction of a structure was due to accidental means as described above and that the structure was legally nonconforming shall be on the owner; and

c. Except as otherwise provided in this title, no nonconforming structure that is voluntarily razed or required by law to be razed by the owner thereof may thereafter be restored except in full conformity with the provisions of this title;

2. If a nonconforming structure is moved, it shall conform to the provisions of this title; and

3. Any nonconforming structure may be repaired, expanded or altered in any manner which does not increase its nonconformity.

C. Nonconforming Uses.

1. A nonconforming use shall not extend to any part of the structure or lot which was not arranged or designed for such use at the time the use became nonconforming;

2. Any nonconforming use that is discontinued for twelve consecutive months shall not be resumed;

3. Work may be done on any structure devoted in whole or in part to any nonconforming use; provided, that work is limited to ordinary repairs, including repair or replacement of walls, fixtures, wiring or plumbing. Further, this work shall not exceed fifty percent of the current replacement cost of the structure within a twelve-month period, and the floor area of the structure, as it existed at the time the nonconforming use was created, shall not be increased; and,

4. No nonconforming use shall be changed to another nonconforming use.

D. Nonconforming Parking and Loading.

1. If there is a change in use, the new use shall meet the off-street parking and loading requirement established in chapter 19.36 of this title; and,

2. Except for expansion of individual dwelling units, any use that adds floor area shall provide off-street parking and loading for the addition as required by chapter 19.36 of this title. (Ord. 2032 § 5 (part), 1991)