The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Honolulu Charter Commission on Feb. 23, 2026.
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Feb. 23, 2026, 2:30 p.m.
Honolulu Hale
To: Honolulu Charter Commission
Dawn Szewczyk, Chair
Sommerset Yamamoto, Vice Chair
From: Grassroot Institute of Hawaii
Ted Kefalas, Director of Strategic Campaigns
RE: P059 — RELATING TO NONCONFORMITIES
Aloha Chair Szewczyk, Vice Chair Yamamoto and other members of the Commission,
The Grassroot Institute of Hawaii supports proposed Charter amendment P059, which would require the Department of Planning and Permitting to allow maintenance to be performed on structures containing nonconforming residential uses established after 1950 that are currently located in nonresidential zones.
This proposal would let the many homeowners whose properties are in nonresidential zoning districts make critical repairs to their homes.
Right now, the Honolulu code has several sections that apply to nonconforming residential uses. One allows nonconforming dwelling units to be repaired if they were built prior to Jan. 1, 1950.[1]
Another applies to nonconforming uses more generally. Homes built after 1950 in areas that are now zoned for nonresidential use are considered nonconforming uses and can be repaired only if the repairs do not exceed 10% of the structure’s replacement cost within a 12-month period. Further, the floor area of the home cannot be increased.
There are many homes and apartments within the Kalihi area that fall into this category — built in 1950 or after on land now zoned industrial, which has limited allowances for dwelling units.[2] There are also properties in Waipahu and Wahiawa that fall into this category.
In total, there appear to be more than 400 single-family homes, duplexes and multifamily dwelling units built in 1950 or later that are now classified as nonconforming uses in industrial or industrial-commercial mixed-use zones.[3]
Take the Kalihi Gardens condominiums for example. Constructed in 1959, the 54 condo units that comprise the property lie in an industrial-commercial mixed-use zone. Just over half of the condos are owner-occupied,[4] but the 10% annual cap on the dollar figure amount of repairs these homeowners and renters can make to their units limits their ability to maintain their aging homes.
For single-family homes, these nonconformity rules impose a much stricter standard. They prevent the owners from making improvements that increase the floor area of their homes, such as converting a garage into an extra bedroom.
It is possible that these problems could be fixed via ordinance, but to date this has not occurred. Grassroot urges the Commission to advance this proposal to the next stage of review to bring attention to the plight of these local residents.
Thank you for the opportunity to testify.
Ted Kefalas
Director of Strategic Campaigns
Grassroot Institute of Hawaii
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[1] § 21-4.110 Nonconformities., Revised Ordinances of Honolulu, accessed Feb. 4, 2026.
[2] § 21-5.30 Use table., Revised Ordinances of Honolulu, accessed Feb. 4, 2026.
[3] Information available via a subscription to the Hawaii Information Service’s Multiple Listing Service. Data retrieved Feb. 4, 2026. Sorted to find Honolulu parcels with at least one living unit in an industrial or industrial-commercial mixed use zone.
[4] Ibid.
