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Home My WebLink AboutCOM 0774.000 2000-2002 J~t~'OS N'•;'9 J. CURTIS TYLER, III Bus: (808) 327-3666 Eice Chair • Fax: (808) 326-5697 District 8 ('North Kona) ctyleniointerpae.net 6": r•: slar8 Q f v HAWAVI COUNTY COUNCIL October 9, 2002 MEMO TO: Councilmember Leningrad Elarionoff Chair, Committee on Public Works and Intergovernmental Relations Hawai'i County Council FROM: J. Curtis Tyler III, Vice-Chair Hawai'i County Council RE: Chapter 3 -Relating to the Sign Code Repeal & Revisions Bill 280, Draft 3 Attached for your transmittal to the Committee on Public Works and Intergovernmental Relations are the following items: 1. Bill No. 280, Draft 3 2. Ramseyer Version 3. Summary Chart of changes As previously discussed, please have this matter placed on the agenda for the next meeting of the PWIR Committee. If you have any questions regarding this legislation. please do not hesitate to contact me. Thank you for your assistance with this matter. JCT/ctd Attachments Comm` N 1 File No Ref. To:- Ref . Date ACT " Kona Council Office: 77-6399 Nalani Street • Suite 104 0 Kailua-Kona • Hawaii 0 96740-8980 HAWAII COUNTY CODE - CHAPTER 3, ADVERTISING & SIGNS SUMMARY OF ALLOWABLE SIGNS (PROPOSED) Prohibited Signs (all districts) Proposed Code Current Code Signs constituting a traffic hazard or detriment to safety prohibited Any sign not permitted or exempt by Chapter 3 prohibited Any sign which is obscene prohibited Any sign which advertises or publicizes a commercial prohibited activity not conducted on premises or no longer conducted on remises Temporary signs (sandwich boards and banners) for prohibited r ular ongoing commercial activi Any roof sign allowed: 32 square feet in commercial district Any automated sign including those with repeated or prohibited changeable commercial advertising Any aerial sign prohibited Any sign on a utility pole prohibited Portable signs prohibited Flashing signs prohibited Any sign on a tree prohibited Exempt Signs (all districts) Type Proposed Code Current Code Sizes . ft. Sizes . ft. Real estate signs - commercial sale 32 g Deal estate signs - residential or a ricultural 6 g Small unlighted 2 2 Temporary signs and banners for meeting or 32 100 event if not over public street New business temporary sign or banner for 30 32 prohibited days Regulating signs (government) must conform to no restriction national code Signs Allowed with Permits (all districts) jypee Proposed Code Current Code Sizes . ft. Sizes . ft. Temporary over public streets or right of way 100 100 Announcing signs 32 32 exempt Subdivision improvement s! Ens 32 32 exempt Subdivision identification signs 16 32 exempt Signs Allowed with Permits - Residential Districts (RS, RD, RM) jype Proposed Code Current Code Sizes . ft. Sizes . ft. One sign (unlighted or indirect) lighted) 6 6 Signs Allowed with Permits - Commercial/industrial Districts (RCX, V, CN, CCU, CV, MCX, IVIL, G) lype Proposed Code Current Code Sizes . ft. Sizes . ft. Ground sign - lot frontage u to 100 lineal ft. 16 32 Ground sign - lot frontage greater than 101 24 32 lineal ft. Mar uee si n - underside of marquee 9 9 Marquee sign - face of marquee 32 or 15% of 3 fit. in height marquee area no stated size Projecting sin 16 no stated size Wall sign 150 or 15% of 400 or 20% of area area Window sign 150 or 25% of prohibited window area Signs Allowed with Permits - A ricultural/Open Districts (RA, 1=A, A, IA, O) jype Proposed Code Current Code Sizes . fit. Sizes . ft. Ground sin g g _ RA 6 Wall sin 32 32 - R 6 Kailua Village Sign Sizes Proposed Code Current Code Sizes . ft. Sizes . ft. Ground Sign - Property frontage < 30 feet 12, 6 feet in 12 elevation Ground Sign - Property frontage 30 feet or 22, 6 feet in 22 or 40% of greater elevation building frontage, 6 feet in elevation Not fronting a public street 12 12 Marquee sign 9, (bottorn 7'/ prohibited feet from ground); face of marquee 32 or 15% of marquee area whichever is less Window sign 15% of total 15% of total window window area, 5 Y2 area feet in elevation Lettering 9 inches in height, 9 inches in height 18 inches in Kailua Industrial Subdivision ®irecto sin 6 feet in height 6 feet in height Window 22 or 15% of total 5'/ feet in height combined window area, whichever is less, 5 'h feet in height Wall Sign Property frontage < 30 feet 12 or 15% of wall, 12 whichever is less, 75 in Kailua Industrial Subdivision Wall Sign Property frontage > 30 feet 22 or 15% of wall, 22 or 40% of whichever is less, building frontage 75 in Kailua Industrial Subdivision Projecting signs 16, 9'/ feet bottom? % feet from above ground, ground and top 9'h width 4 feet feet from ground, width 4 feet Note: throughout this document there are explanatory notes in italics, not included in the actual Code, but intended to clarify this Draft. Revised 3-13-02 AN ORDINANCE AMENDING CHAPTER 3, OF THE HAWAII COUNTY CODE, BY REPEALING ARTICLE 1 - RELATING TO SIGNS, ADDING A NEW ARTICLE 1- RELATING TO SIGNS, AND AMENDING ARTICLE 2 - RELATING TO KAILUA VILLAGE SIGNS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3, article 1, of the Hawaii County Code is hereby repealed. SECTION 2. Chapter 3, of the Hawaii County Code is amended by adding a new article 1, which shall read as follows: "CHAPTER 3 SIGNS Article 1. Signs Division 1. Findings, Purpose and Scope Section 3-1. Findings and purpose. (a) The Council finds and declares that: (1) The people of the County have a primary interest in controlling the erection, location, and maintenance of outdoor signs in a manner designed to protect the public health, safety, and morals and to promote the public welfare; (2) The natural beauty of the County constitutes an attraction for tourists and visitors and a substantial source of income and revenue of the people of the County is derived from the tourist trade; content was former #7; order merely revised to emphasize focus on natural island beauty (3) The indiscriminate erection and maintenance of large suns seriously detract from the enjoyment and pleasure of the natural scenic beauty of the County, 1 which in turn injuriously affect the tourist trade and the economic well.- being the Counter and same content, order moved from #8 [(2)]~4 There has been a marked increase in the number and size of signs advertising business activities and products in the County; [(3)]f~) The increased number and size of signs, coupled with the increased use of motor vehicles, make it imperative that the public streets and highways be kept free from signs which distract motorists' attention while driving, and which detract from the attention which should be devoted to signs promoting traffic safety; [(4)1f~) The indiscriminate erection, location, illumination, coloring, and size of outdoor signs constitute a significant contributing factor in increasing the number of traffic accidents on the public streets and highways, by detracting from the visibility of official traffic lights and signals, and by tending to distract and divert the attention of drivers away from the flow of traffic movement; [(5)] 07 The construction, erection, and maintenance of large outdoor signs suspended from, or placed on top of buildings, walls, or other structures constitute a direct danger to pedestrian traffic below the signs, especially during periods when winds of high velocity are prevalent; [(6)]M The size and location of outdoor signs may, if uncontrolled, constitute an obstacle to effective fire-fighting techniques; [(7) The natural beauty of the County constitutes an attraction for tourists and visitors and a substantial source of income and revenue of the people of the County is derived from the tourist trade;]moved to #2 [(8) The indiscriminate erection and maintenance of large signs seriously detract from the enjoyment and pleasure of the natural scenic beauty of the 2 County, which in turn injuriously affect the tourist trade and the economic well-being of the County; and ] moved to #3 (9) It is necessary for the promotion and preservation of the public health, safety, and welfare of the people of the County, that the erection, construction, location, and maintenance of signs be regulated and controlled; and (10) The people of the County expect stewardship of the land and protection of the natural beauty for future generations. (b) The purpose of this chapter is to: (1) Encourage the effective use of signs as a means of communication in the County; (2) Maintain and enhance the aesthetic environment and the County's ability to attract sources of economic development and growth; (3) Improve pedestrian and traffic safety; (4) Minimize the possible adverse effect of signs on nearby public and private property; and (5) Enable the fair establishment and consistent enforcement of these sign regulations. Section 3-2. Scope. This chapter regulates all signs that are visible from all streets in the County of Hawaii. Division 2. Definitions Section 3-3. Definitions of "sign" and types of signs. (a) As used in this chapter unless otherwise specified: (1) "SiM" means any device, figure, painting, rawing, placard, poster, awning, canopy, street clock, including _any announcement, declaration, demonstration, display, illustration, insignia, or message which: (A) Is used to advertise or promote the interests of any person or entity or to communicate information of any kind to the public; (B) Is placed out doors on real property, is attached to or placed on the exterior of buildings or structures, or is placed on the exterior or interior surface of a window; and (C) Is visible from any street formerly #6; moved to #1 for clarity [(1)]Q "Ground sign" means any sign supported by or located upon any fence or independent support that is placed on, or anchored in, the ground and that is independent from any building [or wall]. Fence means an enclosing or dividing framework for land, yard, or garden and includes any type of freestanding or retaining wall. [(2)]M3 "Illuminated sign" means any sign in which the characters, letters, figures, designs, or outlines are illuminated by electric lights or luminous tubes. [(3)]4) "Marquee sign" (hanging sign) means any sign attached to or hung from a marquee. "Marquee" means any canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building [building line or property line]. [(4)]Q "Projecting sign" means any sign affixed or attached to a building wall or structure and extending beyond the building wall or structure more than fifteen inches with an incidence angle of greater than thirty degrees. [(5)](J6 "hoof sign" means any sign erected, constructed, or located wholly on or over the roof of any building. "Roof" means the cover of a building, including the roofing and all other material and construction (such as supporting members) necessary to carry and maintain it on the walls or uprights. "Roofing" means any material used as a roof covering, including but not limited to shingles, slate, sheet metal, or tile. 4 [(6) "Sign" means any device, figure, painting, drawing, placard, poster, awning, canopy, street clock, including any announcement, declaration, demonstration, display, illustration, insignia, or message which: (A) Is used to advertise or promote the interests of any person or entity or to communicate information of any kind to the public; (B) Is placed out doors on real property, or attached to or placed on or in windows of buildings or structures; and (C)Is visible from any street.] Section moved to #1 for clarity in putting overall definition first rather than in the middle of the section L7)"T'emporary sign or banner" means any signs which are not permanently installed or constructed as required under Division 8` such as outdoor decorations or advertising devices announcing an event, a meeting or series of meetings if displayed on the premises where the event, meeting or series of meetings will be or is being held. Meeting, as used in this section, includes all meetings whether open to the public or not, or whether conducted for profit or not, and, including but not limited to, sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services. A "banner" is defined as a sign made of fabric or any nonrigid material with no enclosing framework. (8) "Wall sign" means any sign which is affixed to an exterior wall of any building [or structure] when the sign projects not more than fifteen inches from the building wall, structure, or its parts, or a sign attached to a marquee. "Wall" means any structure which has a slope of sixty degrees or greater with the horizontal plane and which serves to enclose or subdivide a building [or retain fill material]. Fences, which mean enclosing or dividing frameworks for land, yard, or gardens, shall not be considered to be walls for purposes of this chapter. A wall sign does not include a sign 5 on a mansard, or sloped roof or roof-like facade on a building, which is considered a roof. (9)"Painted window signs" means any painted sign on a window which exceeds two square feet in size. This qualifies as a sign in lieu of a wall sign. (10) "Aerial sign" means any moveable sign or inflatable object located above the ground, not permanently affixed [to the business establishment property]. Deletion made on advice of Corporation Counsel. (11) "Automated sign" refers to any sign which has moving parts or words, or which projects any intermittent or flashing illumination, or which has messages that are manually or electronically changeable on a continuous basis. (12) "Window sign" means any sign which is located or displayed on the inside or outside of a window surface and which is readily visible from a public right-of-way to the general public. (13) "Portable sign" means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs converted to A-frames or T-frames, menu and sandwich board signs, balloons used as signs, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is driven in the normal day-to-day operation of the business. Section 3-4. General definitions. (a) As used in this chapter unless otherwise specified: (1) "Business establishment" means a single commercial enterprise. 6 (2) ["Chief engineer"] "Director of public works" means the [chief engineer] director of the county department of public works or the [chief engineer's] director of public works' duly authorized representative. (3) "District" means a zoning district as established in the County Zoning Code. Zoning districts shall be divided into [two] three major categories, ".residential" [and "other." ] "commercial/ industrial," and "agricultural/ open." (A) "Residential district" includes the following districts: (i) RS, single-family residential district; and (ii) RD, double-family residential district. (iii) RM, multiple-family residential district. [(B) "Other district" includes the following districts: (i) RM, multiple-family residential district; (ii) RCX, residential commercial mixed district; (iii) RA, residential and agricultural district; (iv) FA, family agricultural district; (v) A, agricultural district; (vi) IA, intensive agricultural district; (vii) V, resort-hotel district; (viii) CN, neighborhood commercial district; (ix) CG, general commercial district; (x) CV, village commercial district; (xi) MCX, industrial commercial mixed district; (xii) ML, limited industrial district; (xiii) MG, general industrial district; and (xiv) O, open district.] removed, see two new districts below (B) "Commercial/ industrial district" includes the following districts: (i) RCX, residential commercial mixed district; (ii) V, resort-hotel district (iii) CN, neighborhood commercial district; (iv) CG, general commercial district CV, village commercial district; (vi) MCX, industrial commercial mixed district; (vii) ML, limited industrial district (viii) MG, general industrial district. (C) "Agricultural/ open district" includes the following districts: (i) RA, residential and agricultural district, (ii) FA, family bicultural district; (iii) A, agricultural district, (iv) IA, intensive agricultural district, and O, open district. Section modified to make three categories of districts rather than two. (4) "Lot" means a building site or a parcel of land with an assigned tax map key number. (5) "Person" or words importing persons, for instance, "another," "others," "any," "anyone," "anybody," and the like signify not only individuals, but corporations, firms, associations, societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons known or unknown, and the public generally, where it appears, from the subject matter, the sense and connection in which such words are used, that such construction is intended. 8 (6) "Street" means a [public or private road or other access way that provides vehicular access to six or more lots] strip of land or way subject to vehicular and/or pedestrian traffic that provides direct or indirect access to property, including but not limited to alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares. Division 3. Sign Area Section 3-5. Size of signs. (a) The size of signs shall be measured and determined in the following manner: (1) If a sign is on a plate or is framed or roofed, all of the plate or frame or roof shall be included in the dimensions. (2) If a sign is not on a plate or is not framed but is partly or entirely outlined by a light line or area, or if the sign is on a plate or is framed and circumscribed by a larger light line or area, all of the area circumscribed by a light line or area shall be included in the dimensions. [(3) If a sign consists only of words, designs, or figures engraved, painted, projected, or fixed on a wall, the total area of the sign shall be the sum of the square-foot areas of the rectangles or circles, whichever is smaller, within which all words, designs or figures can be placed or inscribed.] confusing, see replacement #3 below (3) If a sign consists only of words, designs, or figures en arg ved, painted, projected, or fixed on a wall, the total area of the sign shall be the measurable area within the outer boundary of a standard geometrical shape such as a square, rectangle, or circle containing and defined by the extreme reaches of g2:aphic or informational parts of the sign. Section 3-6. Multifaced signs. (a) The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces [visible from any one point]. 9 (b) When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than [42] 12 inches apart, the sign area shall be computed by the measurement of one of the faces. Division 4. Sign Regulations Section 3-7. Type, number, and size of signs permissible. (a) Only signs of the type, number, and size prescribed in this article[, which conform to this article, ]will be permitted to be erected or maintained. (b) Sign type, number, and size restrictions shall be applied per lot or, if the lot is occupied by multiple businesses, per business establishment, or if a business occupies multiple adjacent lots, per business establishment. These restrictions shall be subject to the following provisions: (1) The total number of signs per lot or business shall not exceed two per adjacent [dedicated] street; and note: word taken out per Engr suggestion (2) Each of the two signs allowed per adjacent [dedicated] street shall be of a different sign type. note: word taken out per Engr suggestion Q_Only one ground sign shall be permitted per lot, even if the lot is occupied by multiple businesses. (See Sec. 3-11, 3-12(a) and 3-13(a) for size (c) In the event that the applicant has obtained a special permit or a use permit, or if the applicant is otherwise legally permitted to conduct activities not normally allowed in that district, the type and number of signs shall conform to requirements of the district within which [the use would generally be allowed]the activi T is occurring. Note this change supports the integrity of the three different types of districts. Section 3-8. Signs prohibited in all districts. (a) No person shall erect or maintain: 10 (1) Any sign which by reason of its size, location, movement, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, or by obstructing, or detracting from the visibility of any official traffic control device, or by diverting or tending to divert the attention of drivers of moving vehicles from the traffic movement on the public streets and roads; (2) Any sign which is not expressly permitted or exempt from regulation by this chapter; (3) Any sign which is obscene, as defined in Hawaii Penal Code 712-1210 and 712-1211; [or ] note: added on advice of Corporation Counsel (4) Any sign which advertises or publicizes a commercial activity not conducted on the premises or lot upon which the sign is located. This would include signs on properties which are no longer occupied; (5) [Temporary signs which include repeated or changeable commercial advertising, including sandwich boards] Temporary signs used for regular, offing commercial use (i.e. sandwich boards and banners); Wording changed for clarity (6) Any roof sign; (7) Any automated sign including sins with reheated or changeable commercial advertising; moved from #5 above (8) Any aerial sign; (9) Any sign placed on a utility pole; (10) Portable signs; (11) Flashing signs; From Oahu ordinance. (12) Any sigp placed on a tree. Added at the request of Big Island Outdoor Circles Section 3-9. Exempt signs. (a) The following types of signs are exempt from all of the provisions of this article except for the requirements of sections: 3-5; 3-6; 3-7; 3-8(a)(1); 3-8(a)(3); 3- 8(a)(4); [3-29; 3-30; 3-34;1 3-30, 3-31, 3-35 and [3-36]3-37 through[ 3-42] 3-43, and maf be erected without a permit: (1) [Any] [sign of a temporary nature]Certain temporary signs, which must be removed within [48] 72 hours of the completion of the event or activity to which it refers, and which includes: 72 hrs at request of some realtors LA) Any single, unlighted sign not exceeding 32 square feet in area on a property in a commercial area] Removed; see A just below (A) Real Estate Suns. Any single, unlighted si gg not exceeding [eighth 32 square feet in area advertising the sale, rental or lease of the commercial/ industrial premises on which the sign is displayed; or any single, unlighted Sign not exceeding [3.516 square feet in area advertising the sale, rentals or lease of the residential or agricultural premises on which the sign is displayed; provided that only one sign is permitted to be visible to traffic proceeding in any one direction on any one street or highway. Note that completion of a real estate event is assumed to be the closing of the escrow on subject property following sale, at which time any sign must be removed subject to the [48] 72-hour provision] Note: initially there was thinking that mentioning the type of sign was in some way not allowed; attorneys on Oahu who have worked on these types of issues believe it is highly appropriate to specify the types of signs just as it is appropriate to designate zoning. So this provision is restored. Realtors were consulted on the sizes. [(B) Any single, unlighted sign not exceeding 3.5 square feet in area on a property in a residential area.]Not needed; see A above. 12 [(B)other Signs. Any sign displayed for a period not to exceed seven days during any calendar year.] Director of public zt7orks requested this be removed--too difficult to monitor. (B) Any small unlighted sign not exceeding two square feet in area, displayed once in a calendar year for a period of time not to exceed 30 consecutive days. (C) Temporary signs or banners [shall not exceed one hundred square feet in area] not exceeding 32 square feet in area, [shall be] limited in number to one per meeting or event, [shall be] displayed for a period [determined by the chief engineer which shall] not exceeding thirty calendar days, and [shall] not projecting over a public street or highway. [only if the lower edge of the temporary sign or banner has a vertical clearance of not less than fifteen feet above such street or highway.] Temporary signs are not permitted for regular, ongoing commercial use (i.e. sandwich boards and banners). Special event or meeting banners are not required to have their placement limited to the place where the activity is held, provided that permission is granted by the owners or lessees of the structure to which the banner is to be attached. [New businesses may display temporary signs or banners for thirty days following the opening of their business on a one-time basis only.] Temporary signs or banners must be removed within [48] 72 hours of the completion of the event or activity which they promote. See "Signs allozned with permits" for temporary signs projecting over streets. 13 (D) New businesses may display temporary signs or banners for thirty dates following the opening of their business on a one-time basis only on their premises one. [(4)]U Any sign of a public, noncommercial nature, which includes any safety sign, danger signs, trespassing sign, sign indicating scenic or historical points of interest, and any sign erected by a public officer in the performance of a public duty, including traffic signs or directional signs, provided the conform to the sizes dictated by the Manual of Uniform Traffic Control Devices as published by the American Association of State Highway and Transportation Officials. Note this addition is from Maui sign code, 16.12.090 and recommendation of Building Division Chief. [(5) Subdivision identification sign. One sign relating to the identification of a subdivision within a district, of either a ground or wall type, per entranceway. Each sign shall not exceed eight square feet in area.] See "Signs allozc?ed with permits." Section 3-10. Signs allowed with permits, in all districts. (a) The following types of signs shall be [permitted] allowed, with permits, in all districts: (1 Temporary signs or banners pro]ecting over public streets or rights-of-way. (A) Temporary signs or banners, not exceeding 100 square feet in area, are allowed to promote a meeting or event. They shall be limited to one per meeting or event, shall be displayed for a period determined by the director of public works which shall not exceed thirty calendar days, and shall project over a public street or highway only if the lower edge of the temporary sigLi or banner has a vertical clearance of not less than fifteen feet above such street or highway. Special event 14 banners are not required to have their placement limited to the place where the activity is held, provided that permission is granted the owners or lessees of the structure to which the banner is to be attached. Temporary signs are not permitted for regular, ongoing commercial use, special sales, or product advertisement (i.e. sandwich boards and banners). [New businesses may display temporary signs or banners for thirty days following the opening of their business on a one-time basis only1See 3-9 for provision related to nev7 businesses, allou)ing them to display temporary signs without permit. Temporary signs or banners must be removed within [48] 72 hours of the completion of the event or activity which they promote. (B) Prior to the display of any temporary sign or banner over any public area, street or highway, the person, persons or entity displaying the banner shall file with the county clerk proof of a public liability and property damage insurance policy which names the County as an additional insured in the amount of not less than $300,000, and shall also save the County, its officers or agents, successors or assigns, free and harmless from all suits or actions of every nature and kind which may be brought on account of any injury or damage, direct or indirect, arising out of the display of such temporary banner. Last draft considered removing this provision but liability concerns for banners over streets dictate leaving it in. [(C) Temporary signs and banners are exempt from all the provisions of this article except for the requirements of sections: 3-8(a)(1); 3-8(a)(3); 3-8(a)(4); [3-29; 3-30; and 3-34] 3-30; 3-31; and 3-34.] 15 (2) Announcing Sign. Any sign not exceeding 32 square feet in area announcing the names of the architect, engineer and contractor of a building or public project under construction, alteration, or repair and any sign announcing the character of the building enterprise or the purpose for which the building is intended. As this is a temporary sign, it must be removed within 72 hours after completion or abandonment of the project. (3) Subdivision Improvement Sign. Any sign, not exceeding 32 square feet in area, announcing the subdivision and improvement of property located on the property being subdivided and improved, not to exceed two per street frontage. A subdivision sign may only be erected after a subdivision application has been filed with the County. As this is a temporary sign, it must be removed within 72 hours after completion or abandonment of the project. (4) Subdivision identification sign. One sign relating to the identification of a subdivision within a district, of either a ground or wall type, per driveway. Each sign shall not exceed [eight] 16 square feet in area. [(5) Any sign or bulletin board not exceeding 32 square feet in area, setting forth or denoting the name of any public, charitable, non-profit, or religious institution when located on the premises of the institution which otherwise adheres to all provisions of this ordinance, subject to size regulations as contained in Section 3-12.1 Section omitted as specific size requirements are spelled out for each of the 3 different districts. 16 Section 3-11. Signs permitted in residential districts. (RS, RD, RM) The following types of signs shall be [permitted] allowed, with a permit, in the RS, [and] RD and RM districts: Ua One sign, either wall or ground (unlighted or indirectly lighted), not exceeding six square feet in area. Commercial signs shall relate to a legally permitted activity being conducted on the premises. Note: See Section 3-8 for signs prohibited in all districts and Section 3-9 for signs allowed without a permit. Added for clarity so sign code is more useable. Section 3-12. Signs permitted in [all other] commercial/industrial districts [ (RM, RCX, RA, FA, A, IA, V, CN, CG, CV, MCX, ML, MG, O)] (RCX, V, CN, CG, CV, MCX, ML MG). (a) The following types of signs shall be [permitted] allowed, with a permit, in commercial/industrial districts ( [RM,] RCX, [RA, FA, A, IA,] V, CN, CG, CV, MCX, ML, MG) [and O districts] : (1) Ground Sign. (A) One ground sign, relating to business conducted on the premises, as follows: (i) If lot frontage is up to 100 lineal feet, ground sign may not exceed sixteen square feet and not exceed eight feet in height from the ground; (ii) If lot frontage is[from] greater than 101 [to 300] lineal feet, ground sign may not exceed twenty-four square feet and not exceed twelve [eight] feet in height from the ground; [(iii) If lot frontage is 301 lineal feet or greater, ground sign may not exceed thirty-two square feet and not exceed [sixteen] twelve feet in 17 height from the ground;] this provision remoz)ed to keep requirements simpler. (B) The height of a ground sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of either the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. (2) Marquee Sign. (A) One sign attached to the underside of a marquee (hanging sign) for each business conducted on the premises. This marquee sign shall not exceed nine square feet in area and the lower edges must be at least seven and one-half feet above the ground; or (B) One sign attached to or otherwise displayed upon the face of the marquee. This sign shall not exceed a total sign area of[ sixty]32 square feet or fifteen percent of the marquee area on which it is displayed, whichever is less. The maximum letter height is not to exceed twenty-four inches. (3)Projecting Sign. One projecting sign for each business conducted on the premises, stating the name and the nature of the business, which may only occur on an exterior wall without an overhang. The bottom edge of the sign shall be no lower than nine feet over any public way. Maximum sign area shall not exceed sixteen square feet. ([5] 4) Wall Sign. 18 [(A) In RM, RCX, RA, and FA districts, one wall sign, not exceeding eight square feet in area, relating to a business conducted on the premises. (B) In A, IA, V, CN, and O districts, one wall sign, not exceeding ten percent of the total exposed area of the wall, or thirty-two square feet in area, whichever is less, upon any wall of a structure on the premises related to business conducted on the premises;] See specific sections for Residential and Agricultural/Open for those requirements [(C)]LA,) [In CG, CV, MCX, ML, and MG districts,] One wall sign, which relates to business conducted on the premises, per side or rear of a building. Each side or rear wall sign shall neither exceed fifteen percent of the total exposed area of the wall, associated with the business on which the sign is displayed, nor exceed one hundred and fifty square feet, whichever is less. A sign on the face of the building for each business conducted on the premises shall not exceed fifteen percent or one hundred and fifty square feet, whichever is less, of the area of the face of the building actually occupied by the business. [(D)] (B) The total area of any wall covered by signage shall never exceed 15% of the total area of the wall, whether used by single or multiple businesses. [(6) ] 5aWindow signs and Painted Window Signs. The total area [permitted] allowed to be covered by one or more window signs fronting any street in any business [is] shall be no more than 25% of the total combined area of the windows or 150 square feet, whichever is less. A business znhich has display zrindozos covering the entire side of a 19 building could have a sign covering several hundred square feet if only 25% is used. Note: See Section 3-8 for signs prohibited in all districts and Section 3-9 for signs allowed without a permit. Added or clarity so sign code is more useable. Section 3-13. Signs permitted in agriculturayopen districts. (IAA, FA, Ax IA, O) Ua The following signs are allowed, with a permit in agricultural/ open districts (RA, FA, A, IA, O): (1) Ground Sign: One lighted or unlighted ground sign not exceeding 8 square feet in area, relating to a business conducted on the premises, providing that the building in front of which the sign is displayed is set back not less than 30' from the street. (2) Wall Sign: One lighted or unlighted wall sign, not exceeding 32 square feet in area upon any wall of a structure on the premises related to business conducted on the premises. Note: See Section 3-8 for signs prohibited in all districts and Section 3-9 for signs allowed without a permit. Added for clarity so sign code is more useable. Division 5. Permits Section [3-13]3-14. Permits required. (a) Except as otherwise provided in this chapter, no person may install, construct, erect, alter, relocate, reconstruct, or cause to be installed, constructed, erected, altered, relocated, or reconstructed any sign without first having obtained a sign permit. (b) Sign permits shall be posted in a conspicuous place on the site during the progress of work and kept on file for the lifetime of the sign. Dealing with unjust 20 accusations as uYell as enforcement can be made easier by having the business keep the permit on file. Section [3-1413-15. Building permits. Persons applying for a building permit shall include sign applications for any signs that will be erected in conjunction with the new construction or improvements for which the building permit is requested. Section [3-1511-16. Illuminated signs. A permit application for a sign which uses electrical wiring and connections or which is illuminated by an external source, shall be submitted to the electrical inspector. The electrical inspector shall examine the plans and specifications of all wiring and connections to determine if the plans and specifications comply with chapter 9, relating to electricity and chapter 14, article 9, relating to outdoor lighting. The electrical inspector shall [approve] recommend (1) approval of the application if the plans and specifications comply with chapter 9 and chapter 14, article 9, or [disapprove] (2) disapproval of the application if noncompliance with these chapters is found. The plans and specifications shall then be returned to the director of public works for final action in compliance with Section 3-19. This is to clarifij that the electrical inspector's action is advisory and not final. Section [3-1613-17. Permit application. (a) Applications for sign permits, pursuant to article 1 of this chapter, shall be filed with the director of public works. Applications shall contain at a minimum, the following: (1) The name and address of the owner of the property upon which the sign will be located, the owner of the sign, and the applicant, if different. (2) The tax map key number of the location and proposed location of the sign and an accurate description of the sign, including its contents; 21 (3) A plan or design of the sign, and a photograph or drawing, showing its weight, dimensions, lighting equipment, materials, details of its attachment and hanging, and its position relative to relevant buildings, property lines, and adjacent streets; and (4) Any other information pertinent to the application as may be required by the [chief engineer] director of public works. (b) A sign permit is not transferable unless a notice of transfer is filed with the director of public works within ninety days of the effective date of a transfer of the real property on which the sign is permitted. The director of public works shall prescribe forms for this purpose. Note this is from the Maui sign code. 16.12A.190 Section [3-17]3-18. Compliance with article. Any permit, variance, or other approval issued pursuant to this article shall comply with all applicable requirements of this article. Section [3-1813-19. Action on permit application. (a) Upon receiving an application for a sign permit, submitted pursuant to Article 1, the Building Division shall: (1) Review the permit application for completeness; (2) If the application is deficient, identify and notify the applicant of the deficiencies [in writing]; and Chg at request of Engr (3) If the application is complete, begin to process the application. (b) Upon receiving a complete application for a sign permit, the director of public works shall: (1) Issue the sign permit in writing, if: (A) After an examination of the plans, specifications, and other data, the director of public works finds that the sign(s) that is the subject of 22 the application conforms in every respect with the requirements of this article and all applicable statutes and ordinances; (B) The application has been reviewed and approved by the electrical inspector, if required pursuant to section 3-15; (C)The application has been reviewed and approved by the planning director; and (D) Applicable sign permit fees have been received. (2) Reject the sign permit in writing, if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this article. (c) In case of a rejection, the director of public works shall: (1) Specify in writing the section or sections of this article with which the sign(s) is inconsistent; and (2) Provide the applicant with information about the variance and appeal processes contained in this article. Section [3-19]3-20. Permit contents and record. (a) Permits shall be numbered and shall contain the following information: (1) The permit number and the date of issuance; (2) The name of the property owner and sign owner; (3) The location of the sign(s), including tax map key number; and (4) In the case of a temporary banner, the date of expiration of the permit. (b) The [chief engineer] director of public works shall maintain for public inspection a record of all permits issued. Section [3-20]3-21. Inspection upon completion. A permittee shall, upon completion of the installation, construction, erection, relocation or alteration of the sign, notify the director of public works who shall inspect the sign. 23 Section [3-2113-22. Time limit on permit. If the work authorized under a sign permit is not started within sixty calendar days after the date of issuance, or if work is suspended for sixty calendar days, the permit shall be void. Division 6. Variances Section [3-2213-23. Variances. (a) In unique cases where strict enforcement of this chapter would result in unnecessary hardship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience or welfare, the Hawaii County Council may grant by resolution, a request for a variance from any provision of this chapter (b) Variance applications shall be submitted upon a form designated by the council and shall include at a minimum, the following information and attachments, with five copies of all documents: corresponds to current code (1) The sign owner's and the property owner's name, phone number, and mailing address. (2) The location, [and] tax map key number, and zoning of the property upon which the sign is located; (3) A map showing: (A) The location of the sign; and (B) All streets adjacent to the lot or building where the sign is located; (4) A photo or drawing of the relevant sign(s); (5) A citation of the code section from which a variance is requested; (6) A complete copy of any sign permit application and the Building Divisions' rejection of the sign permit, if any; 24 (7) An explanation of the applicant's unique circumstances, in particular, those arising from peculiar physical conditions not ordinarily found in most districts, peculiarity of the applicant's business, or other special event or circumstance; (8) An explanation of why granting the variance will not adversely affect the rights of adjacent property owners or tenants, including an explanation of alternative measures, if any, that the applicant is proposing to take in lieu of compliance with the applicable code section; (9) Notice of the variance application shall be served to adjacent property owners and tenants not less than ten days prior to initial consideration by the Hawaii County Council; [9](10) An explanation of why the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; and [10](11) An explanation of why a strict application of the terms of this chapter would work an unnecessary hardship and practical difficulty upon the applicant or the community. Section [3-2313-24. Variances; criteria for granting. (a) Only in situations where the following conditions exist may a variance be granted: (1) A grant of a variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance; (2) Granting the variance will not adversely affect the rights of adjacent property owners or tenants; (3) Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; and 25 (4) A strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or the community. (b) In and of itself, prior construction of a sign without a permit, regardless of the cost or value of the sign, shall not be deemed to constitute sufficient reason to grant a variance. (c) Council resolutions granting variance requests shall state the underlying factual basis for the Council's findings that each of the requisite conditions to grant a variance has been satisfied. Division 7. Fees Section [3-2413-25. Permit and variance fees. (a) Applicants for sign permits pursuant to article 1, shall pay the following fees: (1) An applicant for a sign permit shall pay a[n] nonrefundable application fee of $25 to the chief engineer for each sign; and (2) An applicant for a sign permit for a sign erected prior to obtaining a sign permit shall pay a[n] nonrefundable application fee of $100 for each sign. (b) Applicants for sign variances, pursuant to article 1, shall pay a per sign fee of $100 or an amount equal to ten percent of the total value of the sign(s), excluding installation costs, whichever is greater. This nonrefundable fee shall be paid to the county clerk upon submission of an application for a variance. Section[3-25] 3-26. Disposition of fees. (a) The following shall be used exclusively to support the administration and enforcement of this chapter and efforts to educate and inform the public about the county's sign law: (1) Permit and variance application fees; and (2) Fines, minus costs of collection, that are collected pursuant to this article. 26 (b) The director of public works[ and county clerk] shall keep an accurate record, in a form approved by the director of finance, of all fees and fines received, pursuant to this chapter, and shall deposit all monies received with the treasurer. (c) The director of public works[ and county clerk] shall annually render an account of all monies received and disbursed, pursuant to this article, to the council. Division 8. Construction Specifications Section [3-26]3-27. Wind resistance; support. Every sign shall be constructed to withstand, i.e. not flap, bend, or move when subjected to, wind pressure of not less than thirty pounds per square foot of area. In addition, all signs shall be rigidly and firmly braced, or securely attached or anchored to the building, structure, or ground. Section[ 3-2713-28. Wood construction. Any wood used for a new sign or for the repair of an existing sign shall be rot and termite resistant through an approved preservation method specified by the American Wood Preservation Association, or by any other preservation treatment approved by the director of public works. All wood construction shall meet fire resistive requirements as specified by current building code requirements. Section[3-28] 3-29. Construction specifications. All signs shall be installed in compliance with building and electrical codes as required by the [chief engineer] director of public works. Division 9. Location Specifications Section [3-2913-30. Obstructing ingress and egress; obstructing fire-related structures. 27 (a) No sign or supports or hangings for any sign shall be erected so as to cover a door or window of any building or otherwise to prevent free ingress and egress to or from any window, door or fire escape of any building. (b) No [roof] sign shall be constructed in a manner which interferes with the free passage from one part of the roof to another part of the roof or interferes with any opening on the roof. (c) No sign shall be attached to any part of a fire escape or upon or to any stand pipe or fire escape support, or be placed nearer than two feet from any fire escape platform. Every sign shall be so arranged as to swing away from the fire escape or platform. Section [3-3013-31. Interference with public alarms, signals and signs. No sign or supports or hangings for any sign shall be placed in a position or manner which obstructs or interferes with any fire alarm, police alarm, sign, or any device maintained by or under public authority. Section [3-3113-32. Projections beyond property line. No sign or portion of any sign, except for marquee or projecting signs, may project over any public area or way outside of the property line upon which the sign is located. No sign shall be permitted to project over any public highway except as indicated in Section 3-10 or interfere with vehicular traffic. Section[ 3-3213-33. Distance above ground of projecting signs. The lower edge of any sign projecting over any public area, except a marquee sign, shall have a vertical clearance of not less than nine feet. Section [3-33]3-34. Height above buildings. The highest point on any sign attached to a building or structure shall not extend above the part of the building or structure to which it is attached. Division 10. Maintenance 28 Section[ 3-3413-35. Maintenance specifications. (a) All signs, together with their framework, braces, angles or other supports, shall be: (1) Maintained in a safe structural condition, properly secured, supported and braced; (2) Maintained in compliance with all building and electrical codes, and in conformance with this chapter at all times; and (3) Properly maintained with exposed surfaces kept clean and painted if paint is required and defective parts replaced. Division 11. Nonconforming Signs Section [3-35]3-36. Signs erected prior to the effective slate of this chapter. (a) Any sign erected prior to the effective date of this chapter, in compliance with all then existing statutes, ordinances, and regulations, and for which a legal permit had been obtained, is permitted to be maintained as a nonconforming sign [for a period not to exceed [thirty-six] sixty months from the effective date of this ordinance] until such time that the sign is altered, relocated, or the business is sold, at which time it must be removed or brought into compliance with all provisions of this ordinance. Any person who fails to comply, as indicated in Section [3-36]3-37 (Violations) and Section [3-37]3-39 and 3-43 (Criminal prosecution and Administrative Enforcement) shall be sentenced to pay a fine of $100 per day from the date [thirty-six] [sixty months following the effective date of this ordinance] of notification of the director of public works. During the time a sign is permitted to remain as a nonconforming sign, it is-subject to the following conditions: (1) A nonconforming sign shall be maintained in a safe condition and shall not in any respect be dangerous to the public or to property. 29 (2) Upon the alteration or relocation of a nonconforming sign or the discontinuance or removal from the premises of the activity to which the sign relates, the sign ceases to be a nonconforming sign and shall thereafter be [permitted] allowed to be maintained only upon compliance with this article. The term "alteration" does not include repairs and maintenance for the purpose of keeping the sign in a clean and safe condition. Division 12. Violations, Enforcement, Penalty Section [3-36]3-37. Violations. Failure to comply with any provision of this article, any rule adopted pursuant to this article, or with conditions imposed as part of any permit or variance from the provisions of this article, shall constitute a violation of this article. Section [3-37]3-38. Enforcement. (a) The [chief engineer] director of public works shall enforce and administer this article. Whenever necessary, any official of another department of the County shall assist the [chief engineer] director of public works at the [chief engineer's] director of public works' request, consistently with the usual duties of the official's department. [(b) When the chief engineer finds that any sign has been constructed, erected, or is being maintained in violation of this article, or that any sign is unsafe or insecure or in a condition which is a menace to the safety of the public, the director of public works shall issue a notice, in writing, to the owner of the sign or to the owner or tenant of the premises upon which the sign is erected or maintained, informing that person of the violation or of the dangerous condition of the sign and directing that person to make the alteration, repair, or remove the sign or to do whatever is necessary to make the sign comply with this article within a reasonable time limit as shall be stated in the notice which, in no case, shall be less 30 than seven days nor more than thirty days. The notice may be given by personal service, by depositing a copy of the notice in the U.S. mail in a postage prepaid wrapper addressed to the street address of the premises upon which the sign is erected or maintained, or by posting a copy of the notice on the premises upon which the sign is erected or maintained.] This deletion is on advice of Corporation Counsel as are the reu rite of Section 3-39 and Section 3-43. This v)ill enable the Director of public zaorks to put enforcement on a fast track and provide the County zoith the enforcement oversight rather than the State. [c](b) When the condition of any sign creates an immediate hazard and peril to public safety or to property, or is placed within any public right-of-way the director of public works may remove the sign summarily and without notice. provision added at the request of Kona realtor Section [3-38]3-39 [Penalty] Criminal prosecution. [(a) Any person who fails to comply with the requirements set forth in the written notice issued pursuant to section [3-37]3-38 shall, upon conviction, be sentenced to pay a fee of $100 per day from the date of violation. (b) Failure to comply with the requirements set forth in a written notice issued pursuant to section [3-37]3--38 within the period of time prescribed in the notice, shall constitute a separate offense for each date of noncompliance.] (a) Any person whether as principal agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon conviction thereof shall be sentenced as follows: (1) For a first offense, by a fine not exceeding $500. (2) For a subsequent conviction which occurs within five years of any prior conviction for violation of this chapter, by a fine of not less tha $500 but not exceeding $1,000. 31 (b) After a conviction for a first violation under this chapter, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction. (c) The imposition of a fine under this section shall be controlled by the provisions of the Hawaii Penal code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes. (d) Any authorized personnel may issue a summons or citation to an alleged violator in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court. (e) Any authorized personnel issuing a summons or citation for a violation of this chapter may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation notifying the alleged violator to answer at a place and time provided in the summons or citation. (fl There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this chapter which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations of the State of Hawaii and the County. (g) In every case when a citation is issued, the original of the same shall be given to the violator, provided that the administrative judge of the district 32 court may prescribe the giving to the violator of a carbon copy of the citation and provide for the disposition of the original and any other copies. (h) Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. Note that the above section is from existing Hawaii County Code, Chapter 25. It is included on advice of Corporation Counsel. Section [3-3913-40. Injunctive action. The County of Hawaii may maintain an action for an injunction to restrain any violation of the provisions of this article and may take any other lawful action to prevent or remedy any violation. Section [3-40]3-41. Fight of entry for authorized personnel. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the [chief engineer] director of public works has reasonable cause to believe that there exists upon a building or upon a premises or upon a building site a condition which is contrary to or in violation of this article which makes the building or premises or the building site unsafe, dangerous or hazardous, the [chief engineer] director of public works may enter the building or premises or the building site at reasonable times to inspect or to perform the duties imposed by this article, provided that if the building or premises is occupied that credentials be presented to the occupant and entry requested. If such building or premises is unoccupied, the [chief engineer] director of public works shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the [chief engineer] director of public works shall have recourse to the remedies provided by law to secure entry. Section [3-41]3-42. Limited liability of authorized personnel. 33 The authorized personnel charged with the enforcement of this article, acting in good faith and without malice in the discharge of the duties required by this article or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorized personnel because of such act or omission performed by the authorized personnel in the enforcement of any provision of this article or other pertinent laws or ordinances implemented through the enforcement of this article shall be defended by the County of Hawaii until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the County. Section [3-42]3-43. Administrative enforcement. (a) In lieu of or in addition to enforcement pursuant to sections 3-39, 3-40, and 3-41, if the director of public works determines that any person is violating any provision of this chapter, any rule adopted thereunder, or any permit issued pursuant thereto, the director of public works may have the person served by personal service or by certified mail, with a notice of violation and order pursuant to this section. The director of public works may also have a copy of the notice of violation and order posted at the building site. (b) The notice of violation shall include at least the following information: (1) Date of the notice; (2) Name and address of the person noticed; (3) Section number of the provision, or rule, or the permit which has been violated; L) Nature of the violation; and (5) Location and time of the violation. (c) The order may require the person to do any or all of the following: (1) Cease and desist from the violation; 34 (2) Correct the violation at the person's own expense before a date specified in the order; (3) Pay a civil fine not to exceed $500 in the manner, at the place and before the date specified in the order; (4Pay a civil fine not to exceed $100 per day for each day in which the violation persists, in the manner and at the time and place specified in the order. (d) The order shall advise the person that the order shall become final thirty days after the person's receipt of the order, unless the director of public works' decision is appealed to the board of appeals within the thirty-day period. (e The provisions of the order issued by the director of public works under this section shall become final thirty days after the receipt of the order, unless the director of public works' action is appealed to the board of appeals as provided in this section. (f) Any person adversely affected by any order issued under this section, may within thirty days after the service of the order, appeal the order to the board of appeals as provided by section 5-6.3 of the County Charter and also sections 25-2-20 through 25-2-24 of the County Charter. An appeal to the board of appeals shall stay the provisions of the director's order pending the final decision of the board of appeals. (g) At the completion of an appeal in which the county's enforcement action is affirmed and upon correction of the violation if requested by the violator. the case will be reviewed by the director of public works to determine the appropriateness of the amount of the civil fines that accrued while the appeal proceedings were pending. In the review of the amount of the accrued fines, the director of public works may consider the following: nature and egregiousness of the violation, duration of the violation, number of recurring and other similar violations, effort taken by the violator to correct the violation, degree of 35 involvement in causing or continuing the violation, reasons for any delay in the completion of the appeal, and other extenuating circumstances. The civil fine which is imposed by administrative order after this review is completed and the violation is corrected is subject to only judicial review, notwithstanding any provisions for administrative review in coup charter. (h) After completion of a review of the amount of accrued civil fine by the director of public works, the amount of the civil fine determined appropriate, including both the initial civil fine and any accrued daily civil fine, shall immediate become due and collectible following reasonable notice to the violator. If no review of the accrued fine is requested, the amount of the civil fine, not to exceed the total accrual of civil fine prior to correcting the violation, shall immediately become due and collectible following reasonable notice to the violator, at the completion of all appeal proceedings. (i) The director of public works may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the director of public works need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine imposed has not been paid. (j) The director of public works shall file with the bureau of conveyances liens on all properties which have been the subject of fines levied under this section, which remain unpaid for one year or more after final adjudication and the expiration of the time for any further appeal. (k) Fines, assessed under this section shall constitute a lien upon the subject property upon the filing of said lien with the bureau of conveyances. This lien shall be considered for purposes of authority, to be the equivalent liens which arise pursuant to the provisions of chapter 19 of this Code. 36 (1996, Card. No. 96-160, sec. 2.) Note that the above section is from existing Hazaaii County Code, Chapter 25. It is included on advice of Corporation Counsel. Section [3-42]3-44. Remedies cumulative. The remedies provided in this article shall be cumulative and not exclusive. Division 13. General Provisions Section [3-43]3-45. Administration. The [chief engineer] director of public works shall enforce and administer all of the provisions of article one of this chapter. Whenever necessary, any official of another department of the County shall assist the [chief engineer] director of public works at the [chief engineer's] director of public works' request, consistently with the usual duties of the official's department. Section [3-44]3-46. Compliance with this chapter and other laws. Any approval, permit, or variance issued pursuant to this chapter shall comply with all applicable requirements of this chapter. The granting of a permit or variance under this article does not dispense with the necessity to comply with any law, ordinance, regulation or any other provision of the Hawaii County Code to which a permittee may also be subject. Section [3-4:5]3-47. Implementation of community design plans or guidelines. The Council may adopt sign provisions that implement special community design plans or guidelines that have been approved by the County Council. Section [3-46]3-48. Adoption of rules. The [chief engineer] director of public works and the planning director may adopt rules pursuant to Chapter 91, Hawaii Revised Statutes, necessary for the purposes of this chapter. 37 Section [347]348. Educational material. The [chief engineer] director of public works shall prepare or cause to be prepared an easy-to-use, user-friendly pamphlet or brochure which describes the key provisions of this ordinance and provides examples by drawing or photograph, to facilitate use of this Chapter. The director of public works may use outside community organizations to assist with this process. Note that The Outdoor Circle, Oahu, has developed a brochure for use on Oahu. The Big Island Outdoor Circles will prepare a similar one for the Big Island, working in conjunction zvith the County. SECTION 3. Chapter 3, article 2, [section 3-52,] Hawaii County Code 1983 (1995 edition), relating to [Boundaries Kailua Village Signs, is amended to read as follows: Article 2. Kailua Village Signs. Division 1. General Provisions. Section 3-51. Purpose. Kailua village is recognized as a special segment of the County. All sections of Article 1 apply to Kailua village. However, certain other aspects of signage are applied specifically to Kailua village in addition to those in Article 1. Unquestionably signs have a legitimate place in Kailua village if they are thoughtfully designed and appropriate to their surroundings. Many elements of good sign design adapt well to the theme which is the unique, unhurried atmosphere and the foundation of Kailua's charm. The primary purpose of a sign is to promote an identity, goods and services, or activities through visual communication. While laws can regulate the size, placement, number, design, and aesthetics of signs, it is recognized that reasonable minds may differ as to how sign control can best be accomplished. The Kailua village special district commission, through the County planning department, has a shared 38 responsibility for sign review within the Kailua village special district. The provisions of this article shall be utilized by the design commission and cooperating agencies in evaluating all sign permit requests within the Kailua village special district. Section 3-52. Boundaries. This article shall apply to Kailua village. The boundaries of Kailua village for purposes of this article shall be as delineated in the County Zoning Code, chapter 25, article 7, division 1, sec. 25-7-1, of the Hawaii County Code. [SECTION 4. Chapter 3, article 2, section 3-62, Hawaii County Code 1983 (1995 edition), relating to Variances - Kailua Village Signs, is amended to read as follows: "Section 3-62. Variances. The Hawaii County Council may grant a variance from any provision of this article."] Section 3-53. Definitions. (a) As used in this article: (1) "Building" means a structure intended for use and occupation as a habitation or for some purpose of trade, manufacture, ornament, or use constituting a fabric or edifice. [(2) "Commission" means the County planning commission.] Does not apply to this Chapter. [(3) "Construction sign" means any sign which is intended to identify construction, alteration, or repair and states the name of the contractor, designer, and other persons associated with the proposed activity.] Covered in Article 1. [(4)](2) "Council" means the County council. [(5)](3) "Design commission" means the Kailua village special district and urban design review commission. 39 [(6) "Director" means the County planning director.] Does not apply to this Chapter. [(7)](4) "Directory sign" means any sign which identifies and attracts attention to any property or premises and which lists, indicates, or identifies two or more trade or manufacturing activities. [(8)](5) "Display case" means a case, cabinet, or other device placed out of doors or affixed to a building which is used as a sign. 1(9) "Double faced sign" means a single sign which has two faces placed back to back. (10) "Freestanding sign" means any sign structurally separated from a building which is supported by one or more columns, uprights, or braces.] These are covered in Article 1. [(11AM "Graphic design" means any design or portrayal painted or applied directly on an exterior wall, fence, awning, window, or other structure, which is readily visible from any public right-of-way, and which has as its purpose an artistic effect, and is not primarily the identification of the premises or the advertisement or promotion of the interests of any private or public firm, person or organization. [(12)](7) "Indirect lighting" means any external sign illumination which is not an integral part of the sign itself. [(13) "Internal lighting" means any illumination from within a sign designed to make the contents of the sign visible.] Covered in Article 1. [(14)] (8) "Kailua village core" means the area bounded by or adjacent to Alii Drive, Palani Road, Kuakini Highway, and Hualalai Road. (9) "Kailua Industrial Subdivision" means the area bounded by the following: 40 (a) Beginning at the intersection of Kaiwi Street and Kuakini Highway, mauka behind the properties fronting the west side of Kaiwi Street to Queen Kaahumanu Highway (b) Continuing southeast alomg_Queen Kaahumanu Highway to the last property fronting Luhia Street. (c) Southwest along that property to Eho Street and aloes Eho Street to Alapa Street. (d) Then east along Alapa Street to the last property fronting Alapa Street. (e) Turning southwest along that property and the ad'al cent property fronting Pawai Place to Kuakini Highway. (f Then west along Kuakini Highway to its intersection with Kaiwi Street. [(15) "Nonconforming sign" means any sign erected in compliance with all existing statutes, ordinances, and regulations, prior to February 12, 1980.] Covered in Article 1. [(16) "Planning department" means the County planning department.] Does not apply to this Chapter. [(17) "Projecting sign" means any sign affixed or attached to a building wall or structure and extending beyond the building wall or structure more than fifteen inches with an incidence angle of greater than thirty degrees. (18) "Real estate sign" means any sign which is intended to identify and attract attention to the sale, lease, or rental of real property or any building. (19) "Sign" means any device, display or figure, other than buildings or landscaping, readily visible from a public right-of-way and used primarily as visual communication for the purpose of, or resulting in attracting the 41 attention of a person or the general public. A sign includes, but is not limited to, any and all pictorial representations, letters, numerals, emblems, flags, banners, pennants, inscriptions, or patterns whether affixed to a building, painted, or otherwise depicted on or within a building, or placed separate from any building; provided that traffic control devices in chapter 291C, HRS, shall not be construed as signs under this article. (20) "Temporary sign" means any sign, banner, pennant, or valance constructed of cloth, canvass, light fabric, cardboard, wall board, or other similar material, with or without a frame, intended to be displayed for a period not to exceed thirty calendar days in a calendar year. (21) "Unlawful sign" means any sign constructed, displayed or erected without the approval of the director.] Covered in Article 1. [(22)](10) "Window" means an aperture or opening in the wall of a building which admits light and air to the interior of the building and allows visibility from within and without. [(23) "Window sign" means any sign which is located or displayed on the inside or outside of a window surface and which is readily visible from a public right-of-way to the general public.] Covered in Article 1. [(1979, Ord. No. 481, sec. 2, pg. 2,8; Am. 1986, Ord. No. 86-134, sec. 2.)] [Section 3-54. Administration and enforcement. The director shall administer and enforce this article. When necessary, any official of any other County department shall assist the director consistently with the normal duties of the official's department. (1979, Ord. No. 481, sec. 2, pg. 5.)] Covered in Article 1. Section [3-5513-54. Permit required. 42 Any person, firm, or agency who plans to erect, construct, replace, attach, establish, or display a sign within Kailua village shall obtain a sign permit in accordance [with this article] Sections 3-14 3-15 3-16 3-17 3-18 3-19 3-20 3-21 and 3-22. [(1979, Ord. No. 481, sec. 2, pg. 5.)] Section [3-5613-55. Permit application; contents[, fees]. (a) To obtain a sign permit, the applicant shall file an application on forms furnished by the [director] director of public works. (b) An application shall include [the director's forms and two copies each of] that required by Section 3-17 and in addition: (1) A graphic, colored illustration of the proposed sign, drawn to scale and reflecting all letters and the style and size of lettering. (2) A description and sample of any type of material to be used for the sign and its background, and a description of the method of any lighting. (3) A plot plan illustrating the location of the building or site and the location of the proposed sign. (4) Any other information the [director] director of public works or design commission may require. [(c) A fee of $20 shall be submitted with each sign permit application. (d) A fee of $10 shall be submitted with each temporary sign permit application. (1979, Ord. No. 481, sec. 2, pg. 5; Am. 1980, Ord. No. 523, sec. 1; Am. 1986, Ord. No. 86- 134, sec. 3.)] Must comply u7ith Article 1. Section [3-5713-56. Design commission review; failure to review. (a) Each completed permit application, together with all accompanying information shall be forwarded by the [director] director of public works to the design commission for its review and action. (b) Within thirty calendar days after receipt of the completed application from the [director] director of public works, the design commission shall provide its 43 recommendations to the [director] director of public works. If a recommendation is not received within the allotted period, the [director] director of public works shall act on the request within five working days after the expiration of the thirty-day period. An extension may be granted by the [director] director of public works only upon the written consent of the applicant. (1979, Ord. No. 481, sec. 2, pg. 5, 6.) Section [3-58] 3-57. Guidelines for review. (a) The design commission and the [director] director of public works, when reviewing an application under this article shall consider the following guidelines: (1) Relationship to Building, Site, and Surroundings. Fitting each sign to its surroundings shall be a prime consideration. A sign shall complement the building it identifies and the theme of Kailua's village way of life as described in the Kailua village design plan. It shall be a planned feature, reflecting the architectural scale, design, and color of the building or structure. (2) Size and Number. The overall size and number of signs shall minimally dominate the property or the building which it identifies. (3) Shape. The shape of the sign shall seek to aesthetically and functionally emphasize the message. (4) Lettering. Subtleness, proportion, and design shall be emphasized in sign copy and lettering. (5) Illumination. When an illuminated sign is used, the light intensity, color illumination, and the careful screening of the light source shall be considered. (6) Landscaping. A freestanding sign should offer an opportunity for landscaping treatment at its base. (7) Material. The use of any material which is compatible to the village atmosphere of Kailua shall be encouraged. Material includes, but is not limited to, wood, stone, canvas, rope, brushed or textured metal, or glass. 44 (8) Color. The use of any natural or earthtone color that is not gaudy or clashing shall be encouraged. (1979, Ord. No. 481, sec. 2, pg. 6.) Section [3-5911-58. Action on permit application. (a) The [director] director of public works shall consider the design commission's recommendation when processing a sign permit application. [(b) Prior to recommending any denial action, the director shall forward a certified letter to the applicant outlining the reasons for the denial. The applicant shall be given five working days upon receipt of the letter to submit written arguments or additional reasons for the director's and the design commission's further consideration. The director shall then take action to sustain or reconsider the denial recommendation within fifteen working days of receipt of all additional information, unless an extension of not more than fifteen calendar days is mutually agreed upon.] Covered in Article 1 [(c)] (b If the [director] director of public works, after considering the design commission's recommendation, finds that the proposed sign is in compliance with this article and any other applicable statute or ordinance, a sign permit shall be issued by the department of public works. (1979, Ord. No. 481, sec. 2, pg. 6, 10.) [Section 3-60. Inspection; revocation of permit. A permittee shall, upon completion of the installation, construction, erection, relocation, or alteration of the sign, notify the director who shall inspect the sign. The director may revoke any sign permit issued upon failure of the holder of the permit to comply with any provision of this article. (1979, Ord. No. 481, sec. 2, pg. 10.)] Covered in Article 1. [Section 3-61. Time limit on permits. 45 If the work authorized under a sign permit has not been substantially completed within six months after the date of issuance, the permit shall be void without any further action and any sign installed, constructed, erected, relocated, or altered under that permit is in violation of this article. (1979, Ord. No. 481, sec. 2, pg. 10.)] Covered in Article 1. Section [3-6213-59. Variances. [The commission may grant a variance from any provision of this article. (1979, Ord. No. 481, sec. 2, pg.13.)] A variance may be granted in accordance with Sections 3-23 and 3-24. [Section 3-63. Grounds for variances. (a) No variance may be granted unless the commission finds that: (1) There are special or unusual circumstances which do not generally apply to surrounding property, buildings, or signs in the same district, including but not limited to a sign's long-term historical or traditional association with Kailua village. (2) Special or unusual circumstances either deprive the owner or applicant of substantial property rights which would otherwise be available, or obviously interfere with the best use of signage on the property. (3) The granting of the variance does not constitute a grant of personal or special privilege inconsistent with the limitations upon other properties under identical ordinances, statutes, or rules. (4) The granting of the variance does not violate the intent and purpose of the Kailua village design plan or the intent and purpose of this article, does not militate against the County general plan, and does not materially affect the public welfare and is not injurious to improvements or property rights in the near vicinity. (1979, Ord. No. 481, sec. 2, pg.13.)] Covered in Article 1. 46 [Section 3-64. Variance application; fees. (a) A variance application shall be in the form of a statement or letter to the commission and shall be accompanied by five copies of: (1) A graphic, colored illustration of the proposal drawn to scale and reflecting all letters and the style and size of lettering. (2) A description and samples of any type of material to be used for the sign and its background, and any method of lighting. (3) A plot plan illustrating the location of the building or site and the location of the proposed sign. (4) A statement indicating the reasons for the variance request. (5) Any other information the director or the commission may require. (b) A filing fee of $50 shall he submitted with the variance application. (1979, Ord. No. 481, sec. 2, pg. 13.)] Covered in Article 1. [Section 3-65. Variance hearing; notice. (a) The commission shall, within sixty days after the filing of a proper application or within a longer period as may be agreed to by the applicant, consider the application at a public hearing. (b) Notice of the public hearing and its purposes shall be published at least twice in a newspaper of general circulation in the County, once at least ten days prior to the date of the public hearing and the second at least two days prior to the hearing. (c) In lieu of a published notice in a newspaper, the commission may, by policy, require that every recorded property owner, or lease-holder, of property within three hundred feet of the parcel be notified of the public hearing and its purpose by mail which shall be postmarked at least ten days prior to the date of the hearing. (d) If the procedure under subsection (c) is used, the proceedings and action shall not be nullified if some owners or leaseholders fail to receive the notice. (1979, Ord. No. 481, sec. 2, pg.14.)] Covered in Article 1. 47 Section [3-6613-60. Design commission review of variances. Prior to the public hearing on a variance application, the [director] Hawaii County Council shall transmit a copy of the variance application to the design commission for its review and recommendation. (1979, Ord. No. 481, sec. 2, pg. 15.) [Section 3-67. Action on variances. (a) The commission shall, within a reasonable time after a duly held public hearing or hearings, deny, approve, or defer the application subject to conditions. (b) Any condition imposed by the commission shall bear a reasonable relationship to the variance granted and shall be oriented in the direction of achieving a substantial equivalent or alternative to the regulation from which the variance is sought. (c) In the event the commission fails to act, without just cause within a reasonable time, but not exceeding four months after the close of the commission's public hearing, the director shall certify the variance application as approved and shall notify the applicant of the approval. (1979, Ord. No. 481, sec. 2, pg.15.)] Covered by Article 1. [Section 3-68. Appeal of variance action. Action of the commission shall be final, unless the applicant within thirty calendar days after the action is taken, appeals the decision in writing to the County board of appeals. (1979, Ord. No. 481, sec. 2, pg.15.)] Covered in Article 1. [Section 3-69. Removal of unlawful signs. (a) If the director finds that any sign has been constructed or maintained in violation of this article, the director shall issue a written notice of the violation to the owner of the sign or the tenant of the premises upon which the sign is located. (b) The violator shall take appropriate corrective action within a reasonable time after receipt of the notice, which in no case shall be more than sixty calendar days. 48 (c) Upon failure to comply with the notice within the specified time, the director shall remove the sign by means of appropriate court action. (d) Any person who fails to comply with the written notice issued under this section shall be subject to the penalties provided under section 3-70. (1979, Ord. No. 481, sec. 2, pg.11.)] Covered in Article 1. [Section 3-70. Penalties. Any person violating any provision of this article shall, upon conviction, be sentenced to pay a fine not less than $25 nor more than $500, or imprisoned not more than one month, or both. (1979, Ord. No. 481, sec. 2, pg.15.)] Covered in Article 1. 49 Division 2. Permissible Signs. [Section 3-71. Sign area. (a) When freestanding letters, insignias, or symbols are used as a sign, the area of the sign equals ninety percent of the rectangular area needed to completely encompass all letters, insignias, or symbols. (b) The area of a sign for any other type of sign equals the total surface area. (1979, Ord. No. 481, sec. 2, pg. 3.)] Covered in Article 1. Section [3-72] 3-61. Sign area and lettering size. (a) Unless otherwise provided, the maximum permitted surface area of any sign oriented to any public street or vehicular access shall be: [(1) Twelve square feet on any building or portion of a building under separate management or control having a property frontage of thirty feet or less, except the total surface area of all signs shall not exceed, in the aggregate, twelve square feet on any building frontage. (2) Forty percent of the building frontage or twenty-two square feet, whichever is less, on any building or portion of a building under separate management or control having a property frontage of at least thirty feet, except the total surface area of all signs shall not exceed, in the aggregate, twenty-two square feet on any building frontage. (3) Twelve square feet for any sign not fronting a public street or vehicular access or for any sign located within the Kailua village core. (b) The size of a window sign shall not exceed fifteen percent of the total aggregate window area in which the sign is located. Lettering on the sign shall not exceed nine inches in height.] (1) Ground Sign. (A) If lot frontage is up to 30 lineal feet, a ground sign may not exceed twelve square feet for any building or portion of a building under 50 separate management or control, except the total surface area of all signs shall not exceed, in the aggregate, twelve square feet on any building frontage; (B) If lot frontage is greater than 30 lineal feet, a ground sign may not exceed twenty-two square for any building or portion of a building under separate management or control, except the total surface area of all signs shall not exceed, in the aggregate, twenty-two square feet on any building frontage; (A) The total area shall be twelve square feet for any sign not fronting a public street or vehicular access or for any sigLi located within the Kailua village core. (2) Marquee Sign. (A A sign attached to the underside of a marquee (hanging sign for each business conducted on the premises. This marquee sign shall not exceed nine square feet in area and the lower edges must be at least seven and one-half feet above the ground; or (B) A sign attached to or otherwise displayed upon the face of the marquee. This sign shall not exceed a total sign area of 32 square feet or fifteen percent of the marquee area on which it is displayed, whichever is less. (C) The total area allowed shall be twelve square feet for any sign not fronting a public street or vehicular access or for any sign located within the Kailua village core. (3) Projecting Sign. (A) A proiecting_sign for each business conducted on the premises, stating the name and the nature of the business, which may only 51 occur on an exterior wall without an overhang. Maximum sign area shall not exceed sixteen square feet. (B) The total area allowed shall be twelve square feet for any sign not fronting a public street or vehicular access or for any sign located within the Kailua village core. (4) Wall Sign. (A) If lot frontage is up to 30 lineal feet a wall sign shall neither exceed fifteen percent of the total exposed area of the wall, associated with the business on which the sign is displayed, nor exceed twelve square feet, whichever is less. A sign on the face of the building for each business conducted on the premises shall not exceed fifteen percent or twelve square feet, whichever is less, of the area of the face of the building actually occupied by the business. (i) In the Kailua Industrial Subdivision the maximum wall sign area shall be seventy-five square feet. (B) If lot frontage is greater than 30 lineal feet, a wall sign shall neither exceed fifteen percent of the total exposed area of the wall associated with the business on which the sign is displayed nor exceed twenty-two square feet, whichever is less. A sign on the face of the building for each business conducted on the premises shall not exceed fifteen percent or twenty-two square feet, whichever is less, of the area of the face of the building actually occupied by the business. (i) In the Kailua Industrial Subdivision the maximum wall sign area shall be seventy-five square feet. 52 (C) The total area of any wall covered by signa_ge shall never exceed 15% of the total area of the wall, whether used by single or multiple businesses. (D) The total area allowed shall be twelve square feet for any sign not fronting a public street or vehicular access or for any sign located within the Kailua village core. (2 Window signs and Painted Window Sims. (A)The total area allowed to be covered by one or more window signs fronting any street in any business shall be no more than 15% of the total combined area of the windows or twenty-two square feet whichever is less. (B) The total area allowed shall be twelve square feet for any .sign not fronting a public street or vehicular access or for any sign located within the Kailua village core. (c) Any lettering or symbol, including free-standing letters, shall not exceed nine inches in height. (1) In the Kailua Industrial Subdivision, any lettering or symbol, including free-standing letters, shall not exceed eighteen inches in height. [(1979, Ord. No. 481, sec. 2, pg. 8.)] [Section 3-73. Number of signs. (a) Only one sign for any business or one sign for any street or vehicular access on which a building has frontage shall be permitted. (b) In a multi-building complex, a directory sign or a sign for the complex may be allowed which shall not be computed into the aggregate signing. (c) Temporary signs may also be allowed and shall not be computed into the aggregate signing. 53 (1979, Ord. No. 481, sec. 2, pg. 9; Am. 1986, Ord. No. 86-134, sec. 4.)] Part (a) is cozyered in Article 1 and parts (b) and (c) are in conflict znith Article 1. Section [3-7411-62. Sign [height] elevation. (a) Maximum sign [height] elevation, measured from the finished ground elevation to the top of the sign, shall be as follows: (1) Directory Sign. A directory sign shall not exceed six feet in [height] elevation. (2) [Freestanding] Ground Sign. [A [freestanding] rgound sign shall not exceed six feet in height. The lettering or symbols shall not be higher than five and one-half feet from the finished elevation. The round sin must conform with Section 3-12(a).] (A) The elevation of a ground sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of either the existing grade prior to construction or the newly established lade after construction, exclusive of any filling, berming, mounding., or excavating solely for the purpose of locating the sign. A ground sign shall not exceed six feet in elevation. The lettering or symbols shall not be higher than five and one-half feet from the finished elevation. [(3) Window or Wall Sign. A window or wall sign shall not exceed five and one-half feet in height. The window or wall sign must conform with Section 3-12(a).] [(4)] g Projecting Sign. LA A projecting sign may be placed no less than [seven] nine and one- half feet [from] above the ground[, shall be no higher than nine and one- 54 half feet above ground,] and shall extend into no more than one-third of the width of a public right-of-way, or four feet, whichever is less. [(1979, Ord. No. 481, sec. 2, pg. 9.)] 4 Wall Sign. (A) A wall sign shall not exceed an elevation which is the lesser of fourteen feet or one-half the height of the buildijiZ (5) Window Sign. (A) A window sign shall not exceed five and one-half feet in height. Section [3-73] 3-63. Number of signs (a) Only one sign for any business or one sign for any street or vehicular access on which a building has frontage shall be permitted. In a multi-building complex, a directory sign [or a sign] for the complex may be allowed which shall not [be computed into the aggregate signing] count as the one sign allowed for the building frontage. Section [3-7511-64. Prohibited signs. (a) [No person shall erect or maintain:] In addition to the signs prohibited in Section 3-8, the following types of signs are also prohibited in Kailua Village: (1) Any sign or display which is constructed primarily of materials with a shiny, slick, or reflective surface such as fiberglass or acrylic plastic. (2) Any sign which is displayed on any roof or mansard roof, or when attached to a building extends above the lowest edge of any portion of the roof or mansard roof. (3) Any sign which has a vertical clearance of less than ninety inches above any pedestrian right-of-way or projects, extends, or is otherwise displayed over or above any vehicular right-of-way. 55 (4) Any sign for product advertising when visible to the general public. A sign containing only the name of a business is not a sign for product advertising. (5) Any mechanical gimmick or decorative element that functions through animation, revolvement, up, down, sidewards or any other similar movement, including but not limited to, any spinning device, light bulb border, flashing or mobile illumination. (1979, Ord. No. 481, sec. 2, pg. 9.) [Section 3-76. Nonconforming signs. (a) A nonconforming sign may not be: (1) Changed to another nonconforming sign. (2) Structurally altered so as to extend its useful life. (3) Expanded. (4) Reestablished after discontinuance or change of ownership of on-premises business. (5) Reestablished after damage or destruction of more than fifty percent of the sign replacement value. (b) Whether a nonconforming sign exists is a question of fact and shall be decided by the director upon the advice of the design commission. (1979, Ord. No. 481, sec. 2, pg. 11.)] Covered in Article 1. [Section 3-77. Abatement of nonconforming signs. (a) Any nonconforming sign shall be removed and made to conform to this article according to the following abatement schedule: Estimated Original Cost of Sign Abatement Period Less than $50012 months $500 to $1,00018 months $1,001 to $3,000 24 months 56 $3,001 to $6,000 30 months More than $6,000 36 months (b) The abatement period shall commence upon the receipt of official written notification from the director informing the owner or person responsible for a sign that the sign is nonconforming; provided that the notification process shall be implemented within one year from October 25,1979. (1979, Ord. No. 481, sec. 2, pg. 11.)] Does not conform to Article 1. Section [3-7811-65. Exempt signs. (a) [This article shall not apply to any:] In addition to the exempt signs allowed in Section 3-9, the following signs are exempt in Kailua Village, with the restrictions stated in Section 3-9: [(1) Real estate sign not exceeding four square feet in area and not containing any self-illuminated, luminescent, or fluorescent features; provided that only two signs are permitted on any lot. (2) Residential identification sign not exceeding two square feet in area. (3) Construction sign not exceeding twelve square feet in area; provided that only one sign is permitted on any lot.] Covered in Article 1. [(4)] W Informational signs, motion picture posters, or special events posters which conform to the guidelines of section [3-58] 3-57, and are posted for a period no longer than thirty days in a calendar year. [(5) Traffic control or other sign designed and intended for the direction, safety, or convenience of the public, authorized or initiated by the director of public works of the County, and traffic control devices prescribed by chapter 291C, Hawaii Revised Statutes.] Covered in Article 1. [(6)] U2 Reasonable application upon the glass surface of a door or window of lettering or decals giving the address, hours of operation, entrance or exit 57 information, professional or security affiliations or memberships, credit cards which are accepted, or other similar information. [(7) Official notice or sign posted by order of any court or public office, or posted by any public officer in the performance of a public duty, or posted by any person required to do so by any statute or ordinance or regulation having the force of law. (1979, Ord. No. 481, sec. 2, pg. 12; Am. 1986, Ord. No. 86-134, sec. 5.)] Covered in Article 1. SECTION [5] 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION [6] 5. This ordinance shall take effect the next business day after adoption. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 58 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: 59