HomeMy WebLinkAboutBIL 280 Draft 05 1996-1998
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 2so
(Draft 5)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 3, OF THE HAWAII COUNTY CODE, BY
REPEALING ARTICLE 1 -RELATING TO SIGNS, ADDING A NEW AR"I'ICLE 1 -
RF.LATING TO SIGNS, AND AMENDING ARTICLE 2 -RELATING TO KAILUA
VILLAGE SIGNS.
BE IT ORDAINED E3Y THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION L Chapter 3, article I, of the Hawaii County Code relating to signs, is hereby
repealed.
SECTION 2. Chapter 3, of the Hawaii County Code is amended by adding a new article I,
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:
(I) 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;
(Z) 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;
(3) The indiscriminate erection and improper maintenance of large signs seriously
detract from the egjoyment and pleasure of the natural scenic beauty of the County,
which in turn igjuriously affect the tourist trade and the economic well-being of the
County; and
(4) There has been a marked increase in the number and size of signs advertising
business activities and products in the County;
(5) 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;
(6) The indiscriminate erection, location, illumination, coloring, and size of outdoor
signs constitute a significant contributing factor in increasing the number of tral~tic
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;
(7) 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;
(8) The size and location of outdoor signs may, if uncontrolled, constitute an obstacle to
effective tire-fighting techniques;
(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:
(I) Encourage the effective use of signs as a means of communication in the County;
(2) Maintain and enhance the aesthetic enviromnent 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.
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Division 2. Definitions
Section 3-3. Definitions.
(a) As used in this chapter:
(1) "Aerial sign" means any moveable sign or inflatable object located above the
ground, not permanently affixed.
(2) "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
(3) "Banner" is a sign made of fabric or any non-rigid material with no enclosing
framework.
(4) "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.
(5) "Business" or "Business establishment" means a single commercial enterprise.
(6) "Commercial" or "commercial interests" means relating to any provision or
proposal of a commercial transaction, or locating or otherwise enabling or promoting any
business or activity or establishment that proposes commercial transactions.
(7) "Council" means the Hawaii Comity council.
(8) "Department" means the County Department of Public Works.
(9) "Design commission" means the Kailua Village special district design review
commission.
(10) "Director" means the director of the county department of public works or his duly
authorized representative.
(I I) "Directory Sign" means a special type of ground sign which identifies and attracts
attention to any property or premises and which lists, indicates, or identities two or more trade
or manufacturing activities.
(12) "Display case" means a case, cabinet, or other device placed out of doors or
affixed to a building which is used as a sign.
(13) "District" means a zoning district as established in the County Zoning Code. Por
the purposes of this chapter, zoning districts shall be divided into three major categories,
"residential". "commercial/industriaP', and "agricultural/open".
(A) "Residential district" includes the following districts:
(i) RS, single-family residential district; and
(ii) RD, double-family residential district.
(iii) KM, multiple-family residential district.
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(B) "Commercial/industrial districf' includes the following districts:
(i) RCX, residential commercial mixed district;
(ii) V, resort-hotel district;
(iii)CN, neighborhood commercial district;
(iv)CG, general commercial districf;
(v) CV, Village commercial district;
(vi) MCX, industrial commercial mired district;
(vii) ML, limited industrial district;
(viii) MG, general industrial district.
(C) "Agricultural/open districf' includes the following districts:
(i) RA, residential and agricultural district;
(ii) FA, family agricultural district;
(iii)A, agricultural district,
(iv) IA, intensive agricultural district, and
(v) O, open district.
(14) "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. "Fence" means an enclosing or dividing framework for land, yard, or garden and
includes any type of freestanding or retaining wall.
(15) "Graphic design" means any design or portrayal painted or applied directly on an
csterior wall, fence, awning, window, or other structure, which is readily visible from any public
street, 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. (DPW)
(16) "Illuminated sign" means any sign in which the characters, letters, figures,
designs, and or_outlines are illuminated by electric lights or luminous tubes.
(17) "Indirect lighting" means any external sign illumination which is not an integral
part of
the sign itself.
(18) "Kailua Industrial Subdivision" means the area bounded by the following:
Beginning at the northwest corner of the intersection of Kaiwi Streel and Kuakini
Highway, then westerly along Kuakini Highway, then turning northerly along the western
boundary of TMK: 7-4-010:007 and continuing northerly along the west boundary of the lots
along the west side of Kaiwi Street to the northwest boundaries of TMK: 7-4-015:016, then
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southeasterly along the makai boundary of Queen Ka'ahumanu Highway. Then turning
southwesterly along the eastern boundary of the Eho Street right-of--way. Then turning
southeasterly along the mauka boundary of Alapa Street and continuing to the southeast corner
of TMK: 7-4-010:043. Then turning southwesterly along the eastern boundary of TMK: 7-4-
010:043 and continuing to the southeast corner of TMK: 7-4-010:001 at the mauka side of
Kuakini Highway. Then westerly along the mauka side of Kuakini Highway the point of
beginning.
(19) "Kailua Village core" means the area bounded by or adjacent to Alii Drive, Palani
Road, Kuakini Highway, and Hualalai Road.
(20) "Lot" means a building site or a parcel of land with an assigned tax map key
number.
(21) "Marquee 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.
(22) "Painted window signs" means any sign painted on a window which exceeds two
square and feet in size. This qualifies as a sign in lieu of a wall sign.
(23) "Person" or words denoting 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.
(24) "Portable sign" means any sign not permanently attached to the ground or other
permanent structure, or a sign designed to he transported, including but not limited to signs
designed to be transported by means of wheels, signs converted to A-frames or "1'-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
(25) "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.
(26) "Roof sign" means any sign erected, constructed, and maintained wholly upon and
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
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maintain it on the walls or uprights. "Rooting" means any material used as a roof covering,
including, but not limited to shingles, slate, sheet metal, or tile.
(27) "Sign" means any device, figure, painting, drawing, placard, poster, awning,
canopy, street clock, including any announcement, declaration, demonstration, display,
illustration, insignia, or message which is:
(A) used to advertise or promote the interests of any person or entity or to
communicate information of any kind to the public;
(B) placed on or applied to real property outdoors, attached to the exterior of
buildings or structures or is placed on or applied to the exterior or interior
surface of a window; and
(C) visible from any public street.
A sign also 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 prescribed by Chapter 291 C, Hawaii Revised Statutes, shall not be
construed as signs under this chapter.
"Signs" as used in this chapter is not meant to include or prohibit signage that is
constitutionally protected or otherwise permitted by federal law.
(28) "Street" means the entire width between property lines of any public street,
avenue, road alley, highway, lane, path, avenues, boulevards, court, drive, terrace, trail,
thoroughfares or other place subject to vehicle and/or pedestrian traffic that provides director
indirect access to property.
(29) °`Temporary Painted Window sign" means any non-commercial painted sign on
a window that is seasonal or temporary iu nature.
(30) "Temporary sign" means any sign which is not permanently installed or
constructed as required under Divisions 8 and 9, 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.
(31) "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. Fences, which mean
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enclosing or dividing frameworks for land, yard, or gardens, shall not be considered to be walls
for purposes of this chapter.
(32) "Wall sign" means any sign which is affixed to an exterior wall of any building
when the sign projects not more than fifteen inches from the building wall, structure, or its
parts, or a sign attached to a marquee. A wall sign does not include a sign on a mansard, or
sloped roof or roof-like facade on a building, each of which is considered a roof sign.
(33) "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.
(34) "Window sign" means any sign which is located or displayed on the inside or
outside of a window surface and which is readily visible to the general public from a street.
Division 3. Sigo Area
Section 3-4 Size of signs.
(a) The size of signs shall be measured and determined in the following manner:
(I) I f a sign is on a plate or is framed or roofed, al I of the plate or frame or roof steal I
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
filed 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 graphic or informational
parts of the sign.
Section 3-5. Multi-faced 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, except that 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 12 inches apart, the sign area shall be
computed by the measurement of one of the faces.
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Division 4. Sign Regulations
Section 3-6. Type, number, and size of signs permissible.
(a) Only signs of the type, number, and size prescribed in 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) Che total number of signs per lot or business steal I not exceed two per adjacent
street; and
(2) Each of the two signs allowed per adjacent street shall be of a different sign type.
(3) Only one ground sign shall be permitted per lot, even if the lot is occupied by
multiple businesses.
(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 activity is occurring.
Section 3-7. Signs prohibited in all districts.
(a) No parson shall erect or maintain:
(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;
(4) Except as provided for in Section 3-8, 3-62 and Chapter 22, any sign which
advertises or publicizes a commercial activity not conducted on the premises or lot
upon which [he sign is located. This prohibition would include signs nn properties
which are no longer occupied;
(5) Temporary signs used for regular, ongoing commercial use (i.e. sandwich boards
and banners);
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(6) Any automated sign including signs with repeated or changeable commercial
advertising;
(7) Any aerial sign;
(8) Any sign placed on a utility pole;
(9) Portable signs;
(10) Flashing signs;
(I 1) Any sign placed on a tree;
(12) Any sign placed on public property, unless such sign is otherwise permitted by law.
Section 3-8. Exempt signs. Signs allowed without permits.
(a) The following types of signs are exempt from all of the provisions of this article except
for the requirements of sections: 3-4, 3-5, 3-6, 3-7, 3-29, 3-3Q 3-32, 3-33. 3-34 and 3-36
through 3-43, and may be erected without a permit:
(I) Certain temporary signs, which must be removed within 72 hours of the completion of
the event or activity to which it refers, and which include:
(A) Any single temporary unlighted sign: (1) not exceeding 8 square feet in area in the
agricultural, open and residential districts, or (2) not exceeding 32 square feet in
area in the commercial/industrial districts, when such signs relate to or advertise a
meeting, special event, or temporary status or condition (such as a sign advertising
the sale, rental, or lease of said property) on which the sign is located, as long as
such a sign is not related to or advertising any regular or ongoing course of
commercial enterprise conducted on the property. Only one such sign shall be
permitted to be visible to traffic proceeding in any one direction on any one street
or highway, except that any such sign shall not be placed over any public right-of-
way or street.
(Q) 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 not exceeding 32 square feet in area, limited in number
to one per meeting or event, displayed for a period not exceeding thirty calendar
days, and not projecting over a public 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 [o which the banner is to be attached. Temporary
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signs or banners must be removed within 72 hours of the completion of the event or
activity which they promote.
(D) New businesses may display temporary signs or banners for thirty days following
the opening of their business on a one-time basis only, on their premises only.
(2) 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 they conform to the sizes dictated by the Manual of Uniform Trafl is
Control Devices as published by the American Association of State Highway and
Transportation Officials.
(3) Any sign required to be posted by law, including any signs prescribed by Chapter
2910, f lawai`i Revised Statutes.
Section 3-9. Signs allowed with permits, in all districts.
(a) The following types of signs are allowed, with permits, in all districts:
(U Temporary signs or banners within or projecting over public streets or rights-of-
way, if permitted and erected in accordance with Chapter 22 of the Hawaii County
Code.
(2) Subdivision identification sign. One sign, per legal subdivision roadway access, of
either a ground or wall type, relating to the identification of subdivision within a district.
Neither sign shall not exceed sixteen (16) square feet in area.
Section 3-10. Signs permitted in residential districts. (RS, RD, RM)
The following types of signs are allowed, with a permit, in the RS, RD and RM districts:
(a) 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.
Section 3-1]. Signs permitted in commercial/industrial districts (RCX, V, CN, CG, CV,
MCX, ML, MG).
(a) 'The following types of signs are allowed, with a permit, in commercial/industrial districts
(RCX, V, CN, CG, CV, MCX, ML, MG):
(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 elevation from the ground;
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(ii) If lot frontage is greater than I00 lineal feet, ground sign may not exceed
twenty-four square feet and not exceed twelve feet in elevation from the ground;
(B) 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 die existing grade prior to
construction or the newly established grade after construction, exclusive of any filling,
beaming, 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 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
hventy-tour 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 pedestrian right-of--way. Maximmn sign area shall not exceed sixteen square feet.
(4) Roof Sign. Except in the residential-commercial mixed use (RCX) and resort-hotel
(V) districts, where roof signs are not allowed, one roof sign, lighted or unlighted, not
exceeding thirty-two square feet in area and not containing lettering more than twenty-four
inches in height, relating to business conducted on the premises; provided that the highest point
on any sign attached to the roof shall not extend above the highest part of the roof to which it is
attached.
(5) Wall Sign.
(A) 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.
(B) The total area of any wall covered by signage shall not exceed 15% of the
total area of the wall, whether used by single or multiple businesses.
(C) Notwithstanding (A) and (B) above, the maximum size of any wall sign in the
RCX and V districts shall not exceed 32 square feet.
(6) Window Signs and Painted Window Signs. The total area allowed to be covered
by one or more window signs fronting any street in any business shall be no more than 25% of
the total combined area of the windows or I50 square feet, whichever is less.
Section 3-]2. Signs permitted in agricultural/open districts. (RA, FA, A, IA, O)
The following signs are allowed, with a permit, in agricultural/open districts (RA, FA, A, IA,
O):
(a) Ground Sign: One ground sign not exceeding 8 square feet in area, relating to a business
conducted on the premises, provided that the building in front of which the sign is displayed is
set back not less than 30 feet from the street.
(b) Wall Sign: One wall sign, not exceeding 32 square feet in area upon any wall of a
structure on the premises related to the business conducted on the premises.
Division 5. Permits
Section 3-13. Permits required.
(a) Except as otherwise provided in this chapter, no person, firm or agency may display,
install, construct, erect, alter, relocate, reconstruct, or cause to be displayed, installed,
constructed, erected, altered, relocated, or reconstructed any sign without first having obtained
a sign permit in accordance with this chapter.
(b) Sign permits shall be posted in a conspicuous place on the site during the progress of
installation and shall be kept on the premises where the sign is located or at the principal place
of business of the sign owner. The permit shall be available for inspection and enforcement by
the director.
Section 3-14. Building permits.
Persons applying for a building permit are encouraged to include a sign plan for any signs that
will be erected in conjunction with the new construction or improvements for which the
building permit is requested in order that the department and applicant may assess the
applicability of any additional permit requirements under this chapter.
Section 3-15. 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 who shall
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examine the plans and specifications of all wiring and connections of the sign itself to
determine if they comply with chapter 9, Hawaii County Code, relating to electricity and
chapter 14, article 9, Hawaii County Code, relating to outdoor lighting. The electrical inspector
shall recommend (I) approval of the application if the plans and specifications comply with
chapter 9 and chapter 14, article 9, or (2) disapproval of the application if noncompliance with
these chapters is found. The plans and specifications shall then be returned to the director tix
final action in compliance with Section 3-18.
Section 3-16. Permit application.
(a) Applications for sign permits, pursuant to this chapter, shall be filed with the director on
forms provided by the department for that purpose. Applications shall contain, at a minimum,
the following:
(I) T'he 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;
(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) Applicable fees and any other information pertinent to the application as may he
required by the director and/or this chapter.
(b) A sign permit is not transferable unless a notice of transfer is filed with the director
within ninety days of the effective date of a transfer of the real property or business for which
the sign is permitted. The director shall prescribe forms and any fees for this purpose.
Section 3-17. Compliance with chapter.
Any permit, variance, or other approval issued pursuant to this chapter shall comply with all
applicable requirements of this chapter.
Section 3-18. Action on permit application.
(a) Upon receiving an application for a sign permit, submitted pursuant to this chapter, the
director shall:
(I) Review the permit application for completeness; and
(2) If the application is deficient, identify and notify the applicant of the deficiencies;
or
(3) If the application is complete, process the application.
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(b) Within sixty (60) days of receiving a complete application for a sign permit, and unless
the applicant has provided written consent for a time extension, the director shall either:
(I) Issue the sign permit in writing, if:
(A) After an examination of the plans, specifications, and other data, the director
finds that the sign(s) that is the subject of the application conforms in every respect with the
requirements of this chapter 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 by the Kailua Village Design Commission,
if required under Article 2; and
(D) Applicable sign permit fees have been received; or
(2) Reject the sign permit in writing, if the sign that is the subject of the application
fails in any way to conform with the requirements of this chapter.
(c) In case of a rejection, the director shall:
(I) Specify in writing the section or sections of this chapter with which the
application is inconsistent; and
(2) Provide the applicant with information about any applicable variance or appeal
processes contained in this chapter or otherwise permitted by law.
Section 3-19. Permit contents and record.
(a) Permits shall be numbered and shall contain the following information:
(I) 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 sign or banner, the date of expiration of the permit.
(5) The amount of any fees paid.
(b) fhe director shall maintain for public inspection a record of all permits issued.
Section 3-20. Inspection upon completion.
A permittee shall, upon completion of the installation, construction, erection, relocation or
alteration of the sign, notify the director who shall inspect the sign for compliance with the
permit and this chapter. The director may revoke any sign permit issued upon failure of the
holder of the permit to comply with any provision of this chapter.
Section 3-21. Time limit on permit.
If the work authorized under a sign permit is not started within twelve months after the date of
issuance, or if work is suspended for more than ninety calendar days, the permit shall be void
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without any further action, and any sign installed, constructed, erected, relocated, or altered
under that permit is in violation of this chapter.
Division 6. Variances
Section 3-22. 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 director and shall
include at a minimum, the following information and attachments:
(I) The sign owner's and the property owner's name, phone number, and
mailing address.
(2) The location, 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 or rejection of the sign permit, if any;
(7) An explanation of any unique circumstances, in particular, those arising from peculiar
plrysical conditions not ordinarily found in most districts, peculiarity of the 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;
(10) An explanation of why the variance will not unreasonably violate the interest, safety,
convenience, or general welfare of the public; and
IS
(I I) 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; and
(12) Any fee(s), prescribed by this chapter.
(c) Upon review of a complete application, and, if applicable, the director shall forward the
application through the planning director to the Kailua Village Design Commission for its
review and recommendation, then to the Council for its consideration and decision.
Section 3-23. Variances; criteria for granting.
(a) Only in situations where the following conditions exist may a variance be granted:
(I) Granting the 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;
(4) A strict application of the terms of this chapter would work unnecessary hardship and
practical difficulty upon the applicant or the community;
(5) Granting the variance will not constitute a grant of personal or special privilege
inconsistent with the limitations upon other properties under identical ordinances,
statutes, or rules, and
(6) The application is complete.
(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 3-24. PermitNariance fees
(a) Applicants for sign permits pursuant to this chapter shall pay the following non-
refundable fees:
(1) For a new sign permit, $25 for each sign; and
(2) For a sign permit for a sign erected prior tp obtaining a sign permit $100 for each
sign.
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(b) For sign variances, pursuant to this chapter, $100 for each sign or an amount equal to ten
percent of the total value of the sign(s), excluding installation costs, whichever is greater.
Section 3-25. Disposition of fees.
(a) The following monies collected under this chapter 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:
(I) Permit and variance application fees; and
(2) Fines, minus costs of collection, that are collected pursuant to this chapter.
(h) The director of public works shall keep an accurate record in a form approved by the
director of finance, of all fees and fines received and airy disbursements made pursuant to this
chapter and shall deposit all monies received with the treasurer.
(c) The director of public works shall render an account of all monies received and disbursed
pursuant to this article to the council on or before March 1 of each year.
Division 8. Construction Specifications
Section 3-26. 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 fool of area. In addition, all signs shall
be rigidly and firmly braced, or securely attached or anchored to the building, structure, or
ground.
Section 3-27. 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. All
wood construction shall meet fire resistive requirements as specified by current building code
requirements.
Section 3-28. Construction specifications.
All signs shall be installed in compliance with building and electrical codes as required by the
director.
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Division 9. Location Specifications
Section 3-29. Obstructing ingress and egress; obstructing fire-related structures.
(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 tiro escape of any building.
(b) No 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 root.
(c) No sign shall be attached to any part of a fire escape or upon or to any stand pipe or fire
escapc 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 3-30. 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 3-31. 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_interfere with vehicular traffic or project over any public highway except as may
be permitted in Section 3-9.
Section 3-32. 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. Height above buildings.
fhe highest point on any sign attached to a building or structure shall not extend above the
highest part of the building or structure to which it is attached.
Division ]0. Maintenance
Section 3-34. 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.
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Division 11. Nonconforming Signs
Section 3-35. Signs erected prior to the effective date 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 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 (Violations) and Section 3-38 and 3-42 (Criminal prosecution and Administrative
enforcement) shall be sentenced to pay a fine of $100 per day from the date of notification of
noncompliance by the director. During the time a sign is permitted to remain as a
nonconforming sign, it is subject to the following conditions:
(I) A nonconforming sign shall be maintained in a safe condition and shall not in any
respect be dangerous to the public or to property.
(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 allowed to be maintained only upon compliance
with this chapter. 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. Violations.
Failure to comply with any provision of this chapter, any rule adopted pursuant to this chapter,
or with conditions imposed as part of any permit or variance from the provisions of this
chapter, shall constitute a violation of this chapter.
Section 3-37. Enforcement.
(a) The director shall enforce this chapter. Whenever necessary, any official of another
department of the County shall assist the director, if requested, consistent with the usual and
customary duties of the official's department.
(b) When the condition of any sign creates an immediate hazard and peril to public safety or
to property, or is illegally placed within any public right-of-way the director may remove the
sign summarily and without notice.
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Section 3-38. Criminal prosecution.
(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 than $500, but not exceeding $ I ,000.
(h) 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 oCthe
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.
(t) There shall be provided for use by authorized personnel a form of summons or citation
tier 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 and County of Hawaii.
(g) In every case when a citation is issued, the original of the same shall be given to the
violator, provided that the administrativejudge of the district 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.
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(h) Every citation shall be consecutively numbered and each carbon copy shall bear the
number of its respective original.
Section 3-39, Injunctive action.
The County of Hawaii may maintain an action for an injunction to restrain any violation of the
provisions of this chapter and may take any other lawful action to prevent or remedy any
violation.
Section 3-40. Right of entry for authorized personnel.
When it is necessary to make an inspection to enforce the provisions of this chapter, or when
the director 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 chapter which
makes the building or premises or the building site unsafe, dangerous or hazardous, the director
may enter the building or premises or the building site at reasonable times to inspect or to
perform the duties imposed by this chapter, 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 director 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 director shall have recourse to the remedies provided by law to secure entry.
Section 3-41. Limited liability of authorized personnel.
fhe authorized personnel charged with the enforcement of this chapter, acting in good faith and
without malice in the discharge of the duties required by this chapter 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 chapter or
other pertinent laws or ordinances implemented through the enforcement of this chapter 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. Administrative enforcement.
(a) In lieu of or in addition to enforcement pursuant to this chapter, if the director determines
that any person is violating any provision of this chapter, any rule adopted thereunder, or any
permit issued pursuant thereto, the director 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 may
also have a copy of the notice of violation and order posted at the building site.
(h) The notice of violation shall include at least the following information:
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(I) 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;
(4) 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:
(I) Cease and desist from the violation;
(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;
(4) Pay 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's decision is appealed to the County board of
appeals within the thirty-day period.
(e) The provisions of the order issued by the director under this section shall become tnal
thirty days after the receipt of the order, unless the director's action is appealed to the board of
appeals as provided in this chapter.
(f) Any person adversely affected by any order issued under this chapter, may within thirty
days after the service of the order, appeal the order to the County board of appeals as provided
by the County Charter, the County Code, and any rules adopted thereto. An appeal to the
County board of appeals shall stay the provisions of the director's order pending the final
decision of the County 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 to determine the appropriateness of the amount of the civil fines that accrued while the
appeal proceedings were pending. In reviewing of the amount of the accrued fines, the director
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 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 the
County Charter.
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(h) After completion of a review of the amount of accrued civil tine by the director, the
amount of the civil fine determined appropriate, including both the initial civil fine and any
accrued daily civil fine, shall immediately 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 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 need only show that the
notice of violation and order were served, that a civil fine was imposed, the amount of the civil
Inc imposed and that the fine imposed has not been paid.
(j) The director shall file with the State 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.
Section 3-43. Remedies cumulative.
The remedies provided in this article shall be cumulative and not exclusive.
Division 13. General Provisions.
Section 3-44. Administration.
The director shall administer all of the provisions of this chapter. Whenever necessary, any
official of another department of the County shall assist the director, if requested, consistent
with the usual and customary duties of the official's department.
Section 3-45. Compliance with this chapter and other laws.
Any approval, or permit issued pursuant to this chapter shall comply with all applicable
requirements of this chapter. The granting of a permit or variance under this chapter does no[
dispense with the necessity to comply with any law, ordinance, regulation or any other
provision of the Hawaii County Code or other laws or regulations to which a permittee may
also be subject.
Section 3-46. Implementation of community design plans or guidelines.
The Council may adopt sign provisions that implement special community design districts,
plans or guidelines that have been approved by the County Council.
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Section 3-47. Adoption of rules.
The director may adopt rules, pursuant to Chapter 91, Hawaii Revised Statutes, necessary for
the purposes of this chapter.
Section 3-48. Educational material.
The director shall prepare or cause to be prepared an easy-to-use, user-friendly pamphlet or
hmchure which describes the key provisions of [his ordinance and provides examples by
drawing or photograph, to facilitate use of this Chapter. The director may use outside
community organizations to assist with this process."
SECTION 3. Chapter 3, article 2, of the Hawaii County Code 1983 (1995 edition), relating to
Kailua Village Signs, is amended to read as follows:
Article 2. Kailua Village Signs.
Division 1. General Provisions.
Section 3-49. Purpose.
Kailua Village is recognized as a special design district of the County. Unless otherwise
provided for in this article, all sections of Article 1 apply to the Kailua Village design district.
I lowever, certain other aspects of signage are applied specifically to this district 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
hest be accomplished. The Kailua Village design commission, through the County planning
department, has a shared responsibility for sign review within the Kailua Village special design
district. l'he provisions ofthis article shall be utilized by the design commission and cooperating
agencies in evaluating all sign permit requests within the Kailua Village special design district.
Section 3-50. Boundaries.
This article shall apply to the Kailua Village special design district. For purposes of this article,
the boundaries of this district shall be as delineated in the County Zoning Code, chapter 25,
article 7, division I, sec. 25-7-I, of the Hawaii County Code.
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Section 3-51. Permit required.
Except as otherwise provided in this chapter, no person, firm, or agency may display, install,
construct, erect, alter, relocate, reconstruct, or cause to be displayed, installed, constructed,
erected, altered, relocated, or reconstructed any sign within the Kailua Village design district
without first having obtained a sign permit in accordance with this chaptcr and article.
Section 3-52. Permit application; contents.
(a) To obtain a sign permit, the applicant shall file an application on forms furnished by the
director.
(h) The application shall include information required by Section 3-16 and, in addition:
(1) A graphic, colored illustration of the proposed sign, drawn to scale and rcflecting
all letters and die style and size of lettering.
(2) A description or 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 or design commission may require.
Section 3-53. Design commission review; failure to review.
(a) Each completed permit or variance application, together with all accompanying information
shall be forwarded promptly by the director through the planning director to the design
commission for its review and action.
(b) Within thirty calendar days after receipt of the completed application from the director, Uie
design commission shall provide its recommendations to the director. If a recommendation is not
received within the allotted period, the director shall act on the request in accordance with Section
3-I A or 3-23, as the case may be. An extension may be granted by the director only upon the
Nritten consent of the applicant.
Section 3-54. Guidelines for review.
(a) The design commission and the director, when reviewing an application under this article,
shall consider the following guidelines:
(I) Relationship to Building, Site, and Surroundings. Fitting each sign to its surroundings
shall be a prime consideration. A sign shall complement the building it identities and the
theme of the_Kailua Village way of life as described in the Kailua Village design plan. It
shall be a planned feature, reflecting die architectural scale, design, and color of the
building or structure.
25
(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.
(8) Color. The use of any natural or earthtone color that is not gaudy or clashing shall be
encouraged.
Section 3-55 Action on permit application.
(a) The director shall consider the design commission's recommendation when processing a
sign permit application.
(b) If the director, after considering the design commission's recommendation, finds that the
proposed sign is in compliance with this article and chapter and any other applicable statute or
ordinance, a sign permit shall be issued by the department.
Section 3-56. Variances.
A variance may be granted in accordance with Division 6 ofthis Chapter.
Section 3-57 Design commission review of variances.
Prior to final decision-making on a variance application, the director shall transmit a copy of
the variance application through the County planning director to the design commission for its
review and recommendation.
Division 2. Permissible Signs.
Section 3-58. 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:
26
(I) 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 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 feet_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;
(2) Marquee Sigo.
(A) A sign attached to the underside of a marquee (hanging sign) for each business
conducted on the premises shall not exceed nine square feet in area, and the lower edges must
he at least seven and one-half feet above the ground; or
(Q) A sign attached to or otherwise displayed upon the face of the marquee 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.
(3) Projecting Sign.
(A) A 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.
Maximum sign area shall not exceed sixteen square feet.
(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.
(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 for 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-
hvo square feet, whichever is less, of the area of the face of the building actually occupied by the
business.
(C) In the Kailua Industrial Subdivision, the maximum wall sign area shall not exceed
seventy-five square feet.
?7
(D) The total area of any wall covered by signage shall not exceed 15% of the total area
of the wall, whether used by single or multiple businesses.
(5) Window signs and Painted Window Signs.
(A) "ihe 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
hventy-two square feet, whichever is less.
(b) In any case, the total area allowed shall not exceed 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, except as noted in (I) below.
(I) In the Kailua Industrial Subdivision, any lettering or symbol, including free-
standing letters, shall not exceed eighteen inches in height.
Section 3-59. Sign elevation.
(a) Maximum sign 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 elevation.
(2) Ground Sign. 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 grade after construction, exclusive of any tilling,
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) Projecting Sign. A projecting sign may be placed no less than nine feet above ground,
and may extend into no more than one-third of the width of a public right-of-way, or tour feet,
whichever is less.
(4) Wall Sign. A wall sign shall not exceed an elevation which is the lesser of fourteen feet
or one-half the height of the building
(5) Window Sigo. A window sign shall not exceed five and one-halt feet in height.
Section 3-60. Number of signs
(a) Only one sign for any business or one sign for any street or vehicular access on which a
huilding has frontage shall he permitted.
28
(b) In amulti-building complex, a directory sign for the complex may be allowed which shall not
count as the one sign allowed for the building frontage.
Section 3-61. Prohibited signs.
(a) In addition to the signs prohibited in Section 3-7, the following types of signs are also
prohibited in Kailua Village:
(I) 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, except as may be permitted by Section 3-62 or Chapter 22.
(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 sign, graphic design 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.
Section 3-62. Exempt signs. (Signs allowed without permits)
(a) In addition to the exempt signs allowed in Section 3-8, the following signs are exempt in
Kailua Village, with the restrictions stated in Section 3-8:
(1) One temporary informational sign or poster for a temporary event, no larger than eight
square feet, and posted for a period no longer than thirty days in a calendar year.
(2) Reasonable application upon the glass surface of a door or window of lettering or decals
giving the address, hours of operation, entrance or exit information, professional or
security affiliations or memberships, credit cards which are accepted, or other similar
information.
SECTION 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.
29
SECTION 5. This ordinance shall take effect sixty days after approval by the Council.
INTRODUCED E3Y: ~
COU IL MBER, C UNTY OF HAWAII
INTRODUCE B
`~q~
------ttttttwvvvvv
COU IL EMBER, C UNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
REPERENCEa Comm. 42.13
30