HomeMy WebLinkAboutCOM 0454.011 1996-1998
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JOSEPH REYNOLDS ~ ~pd:~,~; Hilo Tel: (808) 961-8266
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COUNTY COUNCIL,
County of Hawaii
Hawaii County Buildin~q RECEIVED '
25 Aupuni Street
Hilo, Hawaii 96720 ftme_____.S,~~-..~ By.
August 4, 1998 pore !yr?N~
County CauncU ,
TO: Dominic Yagong
Chairman Public Works and Parks Committee
And Members of the Committee
FROM: Joe Reynolds
Vice Chair
RE: Proposed Bill re. Chapter 3, Hawaii County Sign Code
For your review and consideration, attached is a draft bill that would amend chapter 3, the Hawaii
County Sign Code.
This bill is based on the discussion draft bill prepared for the committee by the Legislative
Auditor's Office. It also contains changes which were made in response to comments received
regarding the discussion drafr.. A summary of these changes is attached.
Your favorable consideration of this bill would be greatly appreciated.
Comm Nw ~s
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T171e No. L~
Prassnted PwPC--
~r. Data AIfG 41996
77-639U Nalani St, Suite 1-A Kailua-Kona, Hawaii 96740 Kona Telephone: (808) 326-5684 Pax: (808) 326-5697
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Summary of Chan
Article 1 Renumbered sections to be consistent with numbering in present
article 2, re. Kailua Village Signs. For example, sec. 3-1-1 re.
Findings and purpose is now sec. 3-1.
Sec. 3-3 (Definitions) Added definitions of "roof' and "roo&ng" to definition of the term
"roof sign." Source: Dictionary of Architecture and Construction,
Second Edition. Edited by Cydl M. Harris. (amended slightly)
Change made in response to comment on draft.
(Formerly sec. 3-2-1)
Sec. 3-3 (Definitions) Added definition of "wall" to definition of the term
"wall sign." Source: Dictionary of Architecture and Construction,
Second Edition. Edited by Cyril M. Harris. (amended slightly)
Change made in response to comment on draft.
(Formerly sec. 3-2-1)
Sec. 3-5 (Size of signs) Amended sec. 3-5(3) by replacing term "letters" with "words."
This will result in a more accurate computation of sign size.
(Formerly sec. 3-3-1)
Sec. 3-7 (Sign type, Deleted sec. 3-7(b)(3). This sec. reads: "Where any lot is adjacent
to two or more streets, the number of signs permitted for each
business on the lot shall be increased by the number of adjacent
streets." As sec. 3-7(b)(1) already provides that the total number
of signs per business shall not exceed two ~ street frontage, sec.
(b)(3) is unnecessary and confusing. (Formerly sec. 3-4-1)
Sec. 3-9 (Exempt signs) Amended sec. 3-9(2). States that no more than two small signs per
street frontage are allowed. In response to public comments.
(Formerly sec. 3-4-3(2))
Sec. 3-10 (Signs w/permits) Amended sec. 3-10(2) to allow one subdivision sign per street
frontage per suggestion made during workshop on draft bill. Also
rewrote for clarity. (Formerly sec. 3-4-4(2))
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Sec. 3-12 (Signs permitted) Re. projecting signs and wall signs
Amended sec. 3-12(3) by providing that highest attachment point
shall be measurement point. Also amended sec. 3-12(5) for clarity
and by reducing maximum allowable squaze footage of wall signs
from 400 to 250 square feet and by reducing maximum allowable
sign area from 20% of total area to I S% of total area.
In response to comments. Source: Revised Ordinances of
Honolulu sec. 21-3.90-3(i)(2).
(Formerly sec. 3-4-6)
Sec. 3-15 (Illuminated) Added reference to chapter 14, article 9, re. outdoor lighting. In
response to public comments. (Formerly sec. 3-5-3)
Sec. 3-16 (Permit applic.) Added requirement that permit applicant submit pictures of sign, if
available and pictures of azea where sign will be posted. This is in
lieu of the County pre-inspection requirement, which has been
deleted. This change was suggested during the public comments on
the draft bill. (Formerly sec. 3-5-4)
Sec. 3-23/24 (Variances) Added variance provisions. Provided extensive criteria for granting
a vaziance and specified contents of application. This change is a
result of public comments on the draft bill. (New sections)
Sec. 3-25 (Fees) Fees for permits are $25 and $100 (for permits applied for after
the sign is erected.) Variance fee is $50. Added proviso that
permit and variance fees and fines (minus administrative costs) shall
be used to support the Department's costs to administer and
enforce this chapter as well as educational efforts. Added this is
response to major concerns that have been raised about the lack of
resources to enforce and administer this chapter.
(Formerly sec. 3-7-2)
Sec. 3-26 (Wind resist.) Amended to clarify that signs, i.e. permanent signs, may not flap,
bend, or move when subjected to significant wind pressure. This
change was made to address widespread concerns expressed about
temporary banners used as permanent signs. (Formerly sec. 3-8-1)
Sec. 3-32 (Projections) Amended to include projecting as well as marquee signs to promote
consistency with sec. 3-13.
Sec. 3-38 (Enforcement) Deleted new administrative enforcement and criminal prosecution
sections. These changes should be made after the outcome of the
vote on the proposed charter amendment that would enlazge the
jurisdiction of the Boazd of Appeals to include all actions of the
chief engineer. Instead, reinserted present language of the law -
found in sections 3-13, 3-14, & 3-] 5.
Amended time allowed to comply with notice to repair or comply
with chapter. Law presently allows twenty to sixty days to comply.
Reduced time allowed to seven to thirty days. Reduction especially
appropriate and necessary re. removal of portable temporary signs.
This change is in response to comments on the draft bill.
Sec. 3-47 (Spec'I Dists.) Added new section that states that council may adopt sign
provisions that implement special community design plans or
guidelines that have been previously approved by the Council. .
Sec. 3-52 (KV boundaries) Concerns were expressed about the reference to the Kailua Village
Plan as the source of boundaries because the plan was repealed.
Section 3-52 was rewritten to refer to sec. 25-7-1 of the zoning
code as the source of the boundaries of Kailua Village.
Sec. 3-62 (KV variances) This section was reworded to provide that the planning director
rather than the planning commission may grant variances from this
article. This change was made pursuant to a Corporation Counsel
opinion dated November 19, 1997.
COUNTY OF HAWAT~~d STATE OF HAWAII
`'~;~;~'4 BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 3, OF THE HAWAII COUNTY CODE,
RELATING TO SIGNS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION L 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 declazes 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) There has been a marked increase in the number and size of signs advertising
business activities in the County;
(3) 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;
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(4) 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) 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) 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;
(8) The indiscriminate erection and maintenance of large signs seriously detract from
the enjoyment and pleasure of the natural scenic beauty of the County, which in
turn injuriously affect the tourist trade and the economic well-being of the
County; and
(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.
(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;
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(4) Minimize the possible adverse effect of signs on nearby public and private
property; and
(5) Enable the fair and consistent enforcement of these sign restrictions.
Section 3-2. Scope. This chapter regulates all signs that are visible from streets in the
County of Hawaii.
Division 2. Definitions
Section 3-3. Definitions of "sign" and types of signs. As used in this chapter unless
otherwise specified:
"Ground sign" means any sign supported by structures or supports that are placed on, or
anchored in, the ground and that are independent from any building or other structure.
"Illuminated sign" means any sign in which the characters, letters, figures, designs, or
outlines are illuminated by electric lights or luminous tubes.
"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, building line or property line.
"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.
"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 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..
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"Sign" means any device, figure, painting, drawing, placard, poster, billboard, awning,
canopy, street clock, including any announcement, declaration, demonstration, display,
illustration, insignia, or message which:
1) Is used to advertise or promote the interests of any person,
2) Is placed out doors on real property, or attached to or placed on buildings or structures,
and
3) Is visible from any street.
"Temporary sign or banner" means any outdoor decorations or advertising device
announcing a meeting or series of meetings if displayed on the premises where the 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.
"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.
"Wall" means a structure which serves to enclose or subdivide a building.
Section 3-4. General definitions. As used in this chapter unless otherwise specified:
`Business establishment" means a single commercial enterprise.
"Chief' engineer" means the chief engineer of the county department of public works or their
duly authorized representative.
"District" means a zoning district as established in the County Zoning Code. This chapter
divides the zoning districts into two major categories, "residential" and "other."
(a) "Residential district" includes the following districts:
(1) RS, single-family residential district; and
(2) RD, double-family residential district.
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(b) "Other district" includes the following districts:
(1) RM, multiple-family residential district;
(2) RCX, residential commercial mixed district;
(3) RA, residential and agricultural district;
(4) FA, family agricultural district;
(5) A, agricultural district;
(6) IA, intensive agricultural district;
(7) V, resort-hotel district;
(8) CN, neighborhood commercial district;
(9) CG, general commercial district;
(10) CV, village commercial district;
(11) MCX, industrial commercial mixed district;
(12) ML, limited industrial district;
(13) MG, general industrial district; and
(14) O, open district.
"Lot" means a building site or a parcel of land shown as a unit on an approved subdivision
map, or a survey map.
"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.
"Street" means a public or private road or other access way that provides vehicular access
to six or more lots.
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Division 3. Sign Area
Section 3-5. Size of sins.
The size of signs shall be measured and determined in the following manner:
(1) If a sign is on a plate or is framed, all of the plate or frame 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 &gures 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 each word, design or figure can
be placed or inscribed.
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.
(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 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 3-7. 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. These restrictions shall be subject to the
following provisions:
(1) The total number of signs per business shall not exceed two per street frontage; and
(2) Each of the two signs allowed per street frontage shall be of a different type.
(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.
Section 3-8. Signs prohibited in all districts.
No person 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; or
(4) Any sign which advertises or publicizes an activity no longer conducted on the premises
upon which the sign is maintained.
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Section 3-9. Exempt signs.
The following types of signs are exempt from all of the provisions of this article except for
the requirements of sections 3-3-1, 3-4-2(1), 3-4-2(3), 3-4-2(4), 3-8-20, 3-8-21, 3-8-30,
and 3-10-2.
(1) Any sign of a temporary nature, which includes:
(A) Announcing Sign. Any sign not exceeding thirty-two square feet in area
announcing the names of the architect, engineer and contractor of a building
under construction, alteration, or repair and any sign announcing the character of
the building enterprise or the purpose for which the building is intended.
(B) Real Estate Sign. Any sign not exceeding eight square feet in area advertising the
sale, rental or lease of the premises on which the sign is displayed; provided that
only one sign is permitted to be visible to traffrc proceeding in any one direction
on any one street or highway.
(C) Subdivision Improvement Sign. Any sign, not exceeding thirty-two square feet in
area, announcing the subdivision and improvement of property located on the
property being subdivided and improved; provided that only one sign for each
mile or fraction of each mile is permitted along any street or highway. A
subdivision sign may only be erected after a subdivision application has been filed
with the County. Any person erecting a subdivision sign shall, within thirty days
of the erection of the sign, report the date of the erection of the sign to the chief
engineer. A subdivision sign is exempt from this article for a period of one year
from the date the sign is posted; provided that if the subdivision is not completed
within this time period an additional period of exemption not exceeding one year
shall be permitted.
(D) Other Signs. Any sign displayed for a period not to exceed seven days during any
calendar year.
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(2) Any small sign not exceeding two square feet in area. The number of small signs per lot
or business establishment shall not exceed two per street frontage.
(3) Any sign or bulletin board not exceeding thirty-two 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.
(4) 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 offrcer in the performance of a public duty.
Section 3-10. Signs allowed with permits, in all districts.
The following types of signs shall be permitted in all districts:
(1) Temporary signs or banners.
(A) Temporary signs or banners shall not exceed one hundred square feet in area, shall
be limited in number to one per meeting, shall be displayed for a period not to
exceed seven days except when authorized for longer periods by the chief engineer
during any calendar year and shall project 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.
(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.
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(C) Temporary signs and banners are exempt from all the provisions of this article
except for the requirements of sections 3-4-2(3), 3-4-2(4), 3-8-1, 3-8-2, 3-8-3,
3-8-20, 3-8-21, 3-8-30, 3-9-1.
(2) Subdivision identification sign.
One sign relating to the identification of a subdivision within a district, of either a
ground or wall type, per street frontage. Each sign maybe unlighted or indirectly
lighted, and shall not exceed eight square feet in area.
Section 3-ll. Signs permitted in residential districts. (RS, RD)
The following types of signs shall be permitted in the RS and RD districts:
One sign, either wall or ground, unlighted or indirectly lighted, not exceeding eight square feet in
area. Commercial signs shall relate to a legally permitted activity conducted on the premises.
Section 3-12. Signs permitted in all other districts. (RM, RCX, RA, FA, A, lA, V, CN,
CG, CV, MCX, ML, MG, O)
The following types of signs shall be permitted in the RM, RCX, RA, FA, A, IA, V, CN, CG,
CV, MCX, ML, MG, and O districts:
(1) Ground Sign.
(A) One ground sign, lighted or unlighted, not exceeding thirty-two square feet in area
and not exceeding sixteen feet in height from the ground, relating to business
conducted on the premises.
(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.
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(2) Marquee Sign. One marquee sign, lighted or unlighted, not exceeding nine square feet in
area and the lower edges at least seven and one-half feet above the ground, attached to
the underside of a marquee for each business conducted on the premises. One sign not
exceeding three feet in height may be attached to the face of the marquee.
(3) Projecting Sign. One projecting sign, lighted or unlighted, for each business conducted
on the premises, stating the name and the nature of the business. The bottom edge of
the sign shall be no lower than nine feet over any public way and shall extend no higher
than six feet above the highest attachment point on the building or six feet above the
lowest edge of the roof, whichever is higher. Maximum sign area shall not exceed
thirty-two square feet.
(4) Roof Sign. One roof sign, lighted or unlighted, not exceeding thirty-two square feet in
area and containing lettering not more than twenty-four inches in height, relating to
business conducted on the premises; provided that the sign does not project above the
roof ridge or on a flat roofed single storied building the sign does not extend more than
three feet above the roof.
(5) Wall Sign.
(A) In RM, RCX, RA, and FA districts, one wall sign, unlighted or indirectly lighted,
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, lighted or unlighted, not exceeding
thirty-two square feet in area, upon any wall of a structure on the premises related
to business conducted on the premises;
(C) In CG, CV, MCX, ML, and MG districts, one wall sign, lighted or unlighted, 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 two hundred and fifty square feet, whichever is
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less, relating to business conducted on the premises. A sign on the face of the
building for each business conducted on the premises shall not exceed fifteen percent
or two hundred and fifty square feet, whichever is less, of the area of the face of the
building actually occupied by the business.
Division 5. Permits
Section 3-13. 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 written permit from the chief engineer.
(b) Sign permits shall be maintained on the premises upon which the sign is located and
produced upon request by the chief engineer or the planning director.
Section 3-14. Building permits.
Persons applying for a building permit shall include sign applications for any signs that will be
erected in conjunction with the improvements for which the building permit is requested.
Section 3-15. Illuminated signs.
A permit application for a sign which uses electrical wiring and connections 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 l4, article 9, relating to outdoor lighting The
electrical inspector shall approve the application if the plans and specifications comply with
chapter 9 and chapter 14, article 9, or disapprove the application if noncompliance with these
chapters is found.
Section 3-16. Permit application.
An applicant for a sign permit shall file with the chief engineer an application signed by the
owner of the sign, or the owner's agent, on a form furnished by the chief engineer, containing the
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following:
(I) The name and address of the applicant and of the person by whom such sign is to be
constructed, erected, altered, relocated, or reconstructed;
(2) An accurate description of the location or proposed location and character of the sign;
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(3) Photographs of the sign, if available, and of the area where the sign will be erected;
(4) A plan or design of the sign showing its weight, dimensions, lighting equipment,
materials, details of its attachment and hanging, and its position relative to the building
and street lines;
(5) The sign permit fee;
(6) Any electrical permit required and issued for the sign;
(7) Any other information pertinent to the application as maybe required by the chief
engineer.
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, the Building Division shall:
Review the permit application for completeness;
(2) If the application is deficient, identify and notify the applicant of the deficiencies in
writing;
(3) If the application is complete, begin to process the application.
(b) Upon receiving a complete application for a sign permit, the chief engineer shall:
(1) Issue the sign permit in writing, if
(A) After an examination of the plans, specifications, and other data, the chief
engineer 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 3-5-3; and
(C) The application has been reviewed and approved by the planning director.
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(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 chapter.
(c) In case of a rejection, the chief engineer shall:
(1) Specify in writing the section or sections of the chapter with which the sign(s) is
inconsistent; and
(2) Provide the applicant with information about the variance and appeal processes
contained in this chapter.
Section 3-19. Permit contents and record.
(a) Permits shall be numbered and shall contain the following information:
(l) The name of the permit holder;
(2) The street address of the property upon which the sign will be located and the
location of the sign on the property. In the absence of a street address, a tax map
key number with accompanying description can be substituted;
(3) The type of sign;
(4) The amount of fee paid for the permit;
(5) The date of issuance; and
(6) In the case of a temporary banner, the date of expiration of the permit.
(b) The chief engineer 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 chief engineer who shall inspect the sign.
Section 3-21. Time limit on permit.
If the work authorized under a sign permit is not started within 180 days after the date of
issuance, or if work is suspended for 180 days, the permit shall be void and any sign installed,
constructed, erected, relocated or altered under that permit shall be in violation of this chapter.
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Section 3-22. TransTerability of permit.
Any permit issued under this article shall not be transferable.
Division 6. Variances
Section 3-23. Variances.
(a) In unique cases where strict enforcement of this chapter would result in unnecessary
hardship or practical difficulty, and where desirable relief maybe granted without detriment to the
public interest, convenience or welfare, a request for a variance from any provision of this
chapter, except for article 2 relating to Kailua Village Signs, may be granted by the council.
(b) Variance applications shall be submitted upon a form designated by the council and shall
include at a minimum, the following information and attachments:
(1) Sign owner's name, phone number, and mailing address;
(2) Tax map key number 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) Code section from which a variance is requested;
(5) Explanation of the applicant's unique circumstances and why consequently,
compliance with the applicable code section would be difficult or cause an
unnecessary hardship;
(6) Explanation of alternative measures that the applicant is proposing to take in lieu of
compliance with the applicable code section; and
(7) Evidence that desired relief may be granted without detrimentally affecting the
public interest.
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Section 3-24. Variances; criteria for granting.
Only in situations where the following conditions exist may a vaziance 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
the tenants;
(3) Granting the variance will not unreasonably violate the interest, safety, convenience, or
general welfare of the public; and
(4) A strict application of the terms of this chapter would work unnecessary hardship and
practical difficulty upon the applicant or the community.
Division 7. Fees
Section 3-25. Permit and variance fees.
(a) Applicants for sign permits shall pay the following fees:
(1) An applicant for a sign permit shall pay an application fee of $25 to the chief
engineer for each sign application.
(2) An applicant for a sign permit for a sign erected prior to obtaining a sign permit
shall pay an application fee of $100 for each sign application.
(b) Appliants for sign variances shall pay, upon submission of an application for a variance,
a fee of $50 to the chief engineer.
Section 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:
Permit and variance application fees;
(2) Fines, minus costs of collection, that aze collected pursuant to this chapter.
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(b) The chief engineer 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 chief engineer shall annually render an account of all permits issued and monies
received to the council.
Division 8. Construction Specifications
Section 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 and securely attached to the building or structure by metal bolts,
anchors, chains, cables or guys.
Section 3-28. 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 chief engineer. All wood
construction shall meet fire resistive requirements as specified by current building code
requirements.
Section 3-29. Construction specifications.
All signs shall be installed in compliance with building and electrical codes as required by the
Chief Engineer.
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Division 9. Location Specifications
Section 3-30. 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 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 3-31. 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 3-32. 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 more than five feet from the property line upon which the sign is located. No
sign shall be permitted to project over any public highway or interfere with vehicular traffic.
Section 3-33. 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 not less than nine feet.
Section 3-34. Height above buildings.
The highest point on any sign, other than a roof sign, attached to a building or structure shall
not extend more than six feet above the part of the building or structure to which it is attached, or
six feet above the lowest edge of the roof, whichever is the higher.
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Division 10. Maintenance
Section 3-35. 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.
(b) The chief engineer may order the repair or removal of any sign which is defective,
damaged, or substantially deteriorated, as defined in the Building Code.
Division 11. Nonconforming Signs
Section 3-36. Signs erected prior to the effective date of this chapter.
Any sign erected prior to the effective date of this chapter, in compliance with all then
existing statutes, ordinances, and regulations, is permitted to be maintained as a nonconforming
sign, 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.
(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 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.
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Division 12. Violations, Enforcement, Penalty
Section 3-37. 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 3-38. Enforcement.
(a) The chief engineer shall enforce and administer this article. Whenever necessary, any
official of another department of the County shall assist the chief engineer at the chief engineer's
request, consistently with the usual duties of the officiaPs 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 chief engineer 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 or repair or to do the thing or acts 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 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 naddress 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.
Section 3-39 Penalty.
(a) Any person who fails to comply with the requirements set forth in the written notice
issued pursuant to section 3-37 shall, upon conviction, be sentenced to pay a fine not exceeding
$500.
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(b) Failure to comply with the requirements set forth in a written notice issued pursuant to
section 3-37 within the period of time prescribed in the notice, shall constitute a separate offense
for each date of noncompliance.
Section 3-40. 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 3-41. Emergency powers; procedures.
(a) Notwithstanding any other law to the contrary, if the chief engineer determines that the
condition of any sign creates an immediate hazard and peril to public safety or to property, the
chief engineer, without a public hearing, may remove the sign summarily and without notice, or
may and may take any and all other actions as maybe necessary. The order shall fix a place and
time, not later than twenty-four hours thereafter, for a hearing to be held before the hearings
officer.
(b) Nothing in this section shall be construed to limit any power authorized by law which the
chief engineer or any other county official may have to declare an emergency and act on the basis
of such declaration.
Section 3-42. Right of entry for authorized personnel. When it is necessary to make an
inspection to enforce the provisions of this article, or when the chief engineer 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 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 be unoccupied, the chief engineer
shall first make a reasonable effort to locate the owner or other person having charge or control
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of the building or premises and request entry. If entry is refused, the chief engineer shall have
recourse to the remedies provided by law to secure entry.
Section 3-43. Limited liability of authorized personnel. 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 anyjudgment resulting therefrom shall be assumed
by the County.
Section 3-44. Remedies cumulative. The remedies provided in this article shall be
cumulative and not exclusive.
Division 13. General Provisions
Section 3-45. Administration.
The chief engineer 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 at the chief engineer's request, consistently with the usual duties of the official's
department.
Section 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.
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Section 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 previously approved by the County Council.
Section 3-48. Adoption of rules.
The chief engineer and the planning director may adopt rules pursuant to Chapter 91, Hawaii
Revised Statutes, necessary for the purposes of this chapter.
SECTION 3. Chapter 3, article 2, section 3-52, Hawaii County Code 1983 (1995 edition), is
amended to read as follows:
"Section 3-52. Boundaries.
This article shall apply to Kailua village. The boundaries of Kallua 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), is
amended to read as follows:
"Section 3-62. Variances.
The [commission] plannin¢ director may grant a variance from any provision of this article."
SECTION 5. 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.
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SECTION 6. This ordinance shall take effect six months after adoption.
INTRODUCED B
C ER, OUNT OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCFi Comm. 4 54.1 1
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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