COM 0042.080 2002-2004 - Laserfiche WebLink

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FROM COUNTRY SRMURRI COFFEE CO. PHONE N0. 8083220656 NOV. 08 2004 04: 16PM P6 PROPOSED ANtENDN1ENTS Section 3-8. Exempt Signs. (4) The offering for sate of merchandise bearing incidental advertising. including'books. magazines. and neWroneners. in ~r . ttewsstBncL vQp~,rgg maJhir~r. rnek or OLP* Qlarp vvhnte aLMh m~ehwndi.Sti lug-Q'S:+ Y ]d3 Section 3-3-28. "Sign" means...(B) planed on or applied to real property outdoors, attached to the exterior of buildings or structures or is plaxd-mer applied directly to the eztericn-vr-is,6crior surface of a window; and... Section 3-3-35. "Window Sign" meant any sign which is i direct y w the surface of a window. (Note: Window is deHt>ed as an apeanne or opening in t11e wall of a building which admits air to the interior or the building and allows visl'bility fivm within and without). RATIONALE The proposed County code defines the merchandise displays as a sign, and therefore:. restrict, `open-air' marketing gad the display of goods for self at a store front which are traditional and widely-used business practices. Defining display as a sign without exempting merchandise drat is regularly sold by a business is overly restrictive and in opposition to the State statirte regan~ outdoor advertising. Without an exemption for mexubandise regularly sold at a place of business, sidewals sales, storefront out~fdoor merchandise displays, farmer's market displays, and other relt~ted disp'~ays would require sign permits. The proposed exemption is the same wording as found in HRS Chapter445-112 (5), and this exernption would bring the County code in-line with the State statue regarding outdoor advertising devices and the display of merchandise regularly sold by a business. In addition, propose deleting `insidefmterior' language from sigo/window sign defitutions to eliminate equivocal code regarding regulating the `inside' of a store. Deleting insideJin for language from the definitions brings the code in line wilt HRS Chapter 445 which refers to solely to o Advertising and the intent of the Hawaii County Sign Code to con:ml gSt~S2Qi signs (Section 3-1(axl) and does not change the intent of the code to regulate signs on window surfaces visible from public right-of--ways.