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NOV-09-2004 11:39 PM BEACHES 1 000 323 0230 P: 07 ~ I ' PROP ED AMENDMENTS ' i i Seetio -8. Exrfrrrpt Signs. 41 The f afferina for ~ Of n+erchwn,liAr lro Wi amaeazmea and BeWatMne[a L ~y_@L4tE.,. .a...d. VGndinQ ! 1 5tpcti ~3.28~. 'Sign" means...(B) placed on or applied to real property outdoors. a ach~~r the, ' r of "ldi or structures or is {{tt i nBa pia~orrer applied ditpGyy to the e~rids s f a wi w; and.., Seotio ' -3.35. °Window Sign" means any sign which 1s leeated~`displayedbrr the surface of a window. (Note: Window is defined as en aperture or opedietgin the wall of building which admits air to the interior or the building and allows visibility from within d without). RATIO ALE The pro sad County code defines the merchandise displays as a sign, and therefore, restricts 'open-ai 'marketing and the display of goods for sell at a atnre front which aro traditional and widely busnhess practices. Defining display as a sign without exempting merchandise th><t is regrtl ly sold ~Y a busineae is overly restrictive and in opposition to the State statute regarding ~ III ~ outdoor vertising. i Wihhou ion for merchandise regularly sold at a place of business, sidewalk sales, store out-df- oor merchandise displays, farmer's market displays, aztd other related displays would 're ' permits. The proposed exemption is the same wording as found in HRS Chwpt 5-112 5), and this exemption would bring rho County code in-line with tlye State statUtd, ing utdoor advertising devices and the display of merchandise rcgularl sold by a busines In addi n, propose deleting'inside/interior' language from sign/window sign definl ens to elimina equivocal code regarding regulating the `inside' of a store. Deleting ' language from thq definitions brings the code in-line with HRS Chapter 445 whioh re ers to solely to Advertising and the intent of the Hawaii County Sign Code to control signs ( tiott 3.1(axt) and does not change the intent of the code to regulate signs on window surfaces isible fibm public right-of--ways. 'I I~ I~ i i