HomeMy WebLinkAboutBIL 280 Draft 03 1996-1998 COtJl~T'I"Y O~ ~-IA~U~.IrI ~'T'A`~`l~ O~ ~IAW~I~I
~Ii.L NO. 280
(Draft 3 )
OI~DINAleTCIE NO.
AN ORDINANCE AMENDING CHAPTER 3, OF THE HAWAII COUNTY CODE, BY
REPEALING ARTICLE 1 -RELATING TO SIGNS, ADDING A NEW ARTICLE 1 -RELATING
TO SIGNS, AND AMENDING ARTICLE 2 -RELATING TO KAILUA VILLAGE SIGNS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 3, article 1, of the Hawaii County Code is hereby repealed.
SECTION 2. Chapter 3, of the Hawaii County Code is amended by adding a new article 1,
which shall read as follows:
"CHAPTER 3
SIGNS
Article 1. Signs
Division 1. Findings, Purpose and Scope
Section 3-1. Findings and purpose.
(a) The Council finds and declares that:
(1) The people of the County have a primary interest in controlling the erection,
location, and maintenance of outdoor signs in a manner designed to protect the
public health, safety, and morals and to promote the public welfare;
(2) The natural beauty of the County constitutes an attraction for tourists and visitors
and a substantial source of income and revenue of the people of the County is
derived from the tourist trade;
(3) 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
(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 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;
(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 fire-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:
(1) Encourage the effective use of signs as a means of communication in the County;
(2) Maintain and enhance the aesthetic environment and the County's ability to attract
sources of economic development and growth;
(3) Improve pedestrian and traffic safety;
(4) Minimize the possible adverse effect of signs on nearby public and private
property; and
(5) Enable the fair establishment and consistent enforcement of these sign regulations.
Section 3-2. Scope. This chapter regulates all signs that are visible from all streets in the
County of Hawaii.
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Division 2. Definitions
Section 3-3. Definitions of "sign" and types of signs.
(a) As used in this chapter unless otherwise specified:
(1) "Sign" means any device, figure, painting, drawing, placard, poster, awning, canopy,
street clock, including any announcement, declaration, demonstration, display, illustration,
insignia, or message which:
(A) Is used to advertise or promote the interests of any person or entity or to
communicate information of any kind to the public;
(B) Is placed out doors on real property, is attached to or placed on the exterior of
buildings or structures, or is placed on the exterior or interior surface of a
window; and
(C) Is visible from any street
(2) "Ground sign" means any sign supported by or located upon any fence or
independent support that is placed on, or anchored in, the ground and that is
independent from any building [or wall]. Fence means an enclosing or dividing
framework for land, yard, or garden and includes any type of freestanding or
retaining wall.
(3) "Illuminated sign" means any sign in which the characters, letters, figures, designs, or
outlines are illuminated by electric lights or luminous tubes.
(4) "Marquee sign" (hanging sign)_means any sign attached to or hung from a marquee.
"Marquee" means any canopy or covered structure projecting from and supported
by a building, when such canopy or covered structure extends beyond the
building.
(5) "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.
(6) "Roof sign' means any sign erected, constructed, or located wholly on or over the roof
of any building. "Roof" means the cover of a building, including the roofing and
all other material and construction (such as supporting members) necessary to
carry and maintain it on the walls or uprights. "Roofing" means any material used
as a roof covering, including but not limited to shingles, slate, sheet metal, or tile.
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(7)"Temporary sign or banner" means any signs which are not permanently installed or
constructed as required under Division 8, such as outdoor decorations or
advertising devices announcing an event, a meeting or series of meetings if
displayed on the premises where the event, meeting or series of meetings will be or
is being held. Meeting, as used in this section, includes all meetings whether open
to the public or not, or whether conducted for profit or not, and, including but not
limited to, sports events, conventions, fairs, rallies, plays, lectures, concerts, motion
pictures, dances, and religious services. A "banner" is defined as a sign made of
fabric or any nonrigid material with no enclosing framework.
(8) "Wall sign" means any sign which is affixed to an exterior wall of any building when
the sign projects not more than fifteen inches from the building wall, structure, or
its parts, or a sign attached to a marquee. "Wall" means any structure which has a
slope of sixty degrees or greater with the horizontal plane and which serves to
enclose or subdivide a building. Fences, which mean enclosing or dividing
frameworks for land, yard, or gardens, shall not be considered to be walls for
purposes of this chapter. A wall sign does not include a sign on a mansard, or
sloped roof or roof-like facade on a building, which is considered a roof.
(9)"Painted window signs" means any painted sign on a window which exceeds two
square feet in size. This qualifies as a sign in lieu of a wall sign_
(10) "Aerial sign" means any moveable sign or inflatable object located above the ground,
not permanently affixed.
(11) "Automated sign" refers to any sign which has moving parts or words, or which
projects any intermittent or flashing illumination, or which has messages that are
manually or electronically changeable on a continuous basis.
(12) "Window sign" means any sign which is located or displayed on the inside or outside
of a window surface and which is readily visible from a public right-of-way to the
general public.
(13) "Portable sign" means any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including but not
limited to signs designed to be transported by means of wheels, signs converted to
A-frames or T-frames, menu and sandwich board signs, balloons used as signs,
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and signs attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is driven in the normal day-to-day operation of
the business.
Section 3-4. General definitions.
(a) As used in this chapter unless otherwise specified:
(1) "Business establishment" means a single commercial enterprise.
(2) "Director of public works" means the director of the county department of public
works or the director of public works' duly authorized representative.
(3) "District" means a zoning district as established in the County Zoning Code. Zoning
districts shall be divided into three major categories, "residential",
"commercial/ industrial," and "agricultural/ open."
(A) "Residential district" includes the following districts:
(i) RS, single-family residential district; and
(ii) RD, double-family residential district.
(iii) RM, multiple-family residential district.
(B) "Commercial/industrial district" includes the following districts:
(i) RCX, residential commercial mixed district;
(ii) V, resort-hotel district;
(iii) CN, neighborhood commercial district;
(iv) CG, general commercial district;
(v) CV, village commercial district;
(vi) MCX, industrial commercial mixed district;
(vii) ML, limited industrial district;
(viii) MG, general industrial district.
(C) "Agricultural/open district" includes the following districts:
(i) RA, residential and agricultural district;
(ii) FA, family agricultural district;
(iii) A, agricultural district,
(iv) IA, intensive agricultural district, and
(v) O, open district.
(4) "Lot" means a building site or a parcel of land with an assigned tax map key number.
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(5) "Person" or words importing persons, for instance, "another," "others," "any,"
"anyone," "anybody," and the like signify not only individuals, but corporations,
firms, associations, societies, communities, assemblies, inhabitants of a district, or
neighborhood, or persons known or unknown, and the public generally, where it
appears, from the subject matter, the sense and connection in which such words are
used, that such construction is intended.
(6) "Street" means a strip of land or way subject to vehicular and/or pedestrian traffic that
provides direct or indirect access to property, including but not limited to alleys,
avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails,
or other thoroughfares.
Division 3. Sign Area
Section 3-5. Size of signs.
(a) The size of signs shall be measured and determined in the following manner:
(1) If a sign is on a plate or is framed or roofed, all of the plate or frame or roof shall be
included in the dimensions.
(2) If a sign is not on a plate or is not framed but is partly or entirely outlined by a light
line or area, or if the sign is on a plate or is framed and circumscribed by a larger
light line or area, all of the area circumscribed by a light line or area shall be
included in the dimensions.
(3) If a sign consists only of words, designs, or figures engraved, painted, projected, or
fixed on a wall, the total area of the sign shall be the 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 3-6. 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.
(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 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 3-7. 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) The total number of signs per lot or business shall 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. (See Sec. 3-11, 3-12(a) and 3-13(a) for sizes.)
(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 3-8. Signs prohibited in all districts.
(a) 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, as defined in Hawaii Penal Code 712-1210 and 712-1211;
(4) Any sign which advertises or publicizes a commercial activity not conducted on the
premises or lot upon which the sign is located. This would include signs on
properties which are no longer occupied;
(5) Temporary signs used for regular, ongoing commercial use (i.e. sandwich boards and
banners);
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(6) Any roof sign;
(7) Any automated sign including signs with repeated or changeable commercial
advertising;
(8) Any aerial sign;
(9) Any sign placed on a utility pole;
(10) Portable signs;
(11) Flashing signs;
(12) Any sign placed on a tree.
Section 3-9. ExeYnpt signs.
{a) The following types of signs are exempt from all of the provisions of this article except for
the requirements of sections: 3-5; 3-6; 3-7; 3-8(a)(1); 3-8(a)(3); 3-8(a)(4); 3-30, 3-31, 3-35
and 3-37 through 3-43, and may be erected without a permit:
(1) Certain temporary signs, which must be removed within 72 hours of the completion of
the event or activity to which it refers, and which includes:
(A) Real Estate Signs. Any single, unlighted sign not exceeding 32 square feet in area
advertising the sale, rental or lease of the commercial/industrial premises on
which the sign is displayed; or any single, unlighted sign not exceeding 6 square
feet in area advertising the sale, rental, or lease of the residential or agricultural
premises on which the sign is displayed; provided that only one sign is permitted
to be visible to traffic proceeding in any one direction on any one street or
highway. Note that completion of a real estate event is assumed to be the closing
of the escrow on subject property following sale, at which time any sign must be
removed subject to the 72-hour provision.
(B) Any small unlighted sign not exceeding two square feet in area,displayed once in a
calendar year for a period of time not to exceed 30 consecutive days.
(C) Temporary signs or banners 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
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is granted by the owners or lessees of the structure to which the banner is to be
attached. Temporary 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 Traffic Control Devices as published by the American
Association of State Highway and Transportation Officials.
Section 3-10. Signs allowed dvith permits, in all districts.
(a) The following types of signs shall be allowed, with permits, in all districts:
(1) Temporary signs or banners projecting over public streets or rights-of-way.
(A) Temporary signs or banners, not exceeding 100 square feet in area, are
allowed to promote a meeting or event. They shall be limited to one per
meeting or event, shall be displayed for a period determined by the
director of public works which shall not exceed thirty calendar days, and
shall project over a public street or highway only if the lower edge of the
temporary sign or banner has a vertical clearance of not less than fifteen
feet above such street or highway. Special event banners are not required
to have their placement limited to the place where the activity is held,
provided_that permission is granted by the owners or lessees of the
structure to which the banner is to be attached. Temporary signs are not
permitted for regular, ongoing commercial use, special sales, or product
advertisement (i.e. sandwich boards and banners). Temporary signs or
banners must be removed within 72 hours of the completion of the event
or activity which they promote.
(B) Prior to the display of any temporary sign or banner over any public area, street
or highway, the person, persons or entity displaying the banner shall file with
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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.
(2) Announcing Sign. Any sign not exceeding 32 square feet in area announcing the
names of the architect, engineer and contractor of a building or public project under
construction, alteration, or repair and any sign announcing the character of the
building enterprise or the purpose for which the building is intended. As this is a
temporary sign, it must be removed within 72 hours after completion or abandonment
of the project.
(3) Subdivision Improvement Sign. Any sign, not exceeding 32 square feet in area,
announcing the subdivision and improvement of property located on the property
being subdivided and improved, not to exceed two per street frontage. A subdivision
sign may only be erected after a subdivision application has been filed with the
County. As this is a temporary sign, it must be removed within 72 hours after
completion or abandonment of the project.
(4) Subdivision identification sign. One sign relating to the identification of a subdivision
within a district, of either a ground or wall type, per driveway. Each sign shall not
exceed 16 square feet in area.
Section 3-11. Signs permitted in residential districts. (RS, RD, RM)
The following types of signs shall be 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.
Note: See Section 3-8 for signs prohibited in all districts and Section 3-9 for signs allowed
without a permit.
Section 3-12. Signs permitted in coxnrnercial/industrial districts (RCX, V, CN, CG, CV, MCX,
ML, MG).
(a) The following types of signs shall be allowed, with a permit, in commercial/industrial
districts (RCX, V, CN, CG, CV, MCX, ML, MG):
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(1) Ground Sign.
(A) One ground sign, relating to business conducted on the premises, as follows:
(i) If lot frontage is up to 1001ineal feet, ground sign may not exceed sixteen
square feet and not exceed eight feet in elevation from the ground;
(ii) If lot frontage is greater than 101 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 the existing
grade prior to construction or the newly established grade after construction,
exclusive of any filling, berming, mounding, or excavating solely for the
purpose of locating the sign.
(2) Marquee Sign.
(A) One sign attached to the underside of a marquee (hanging sign) for each business
conducted on the premises. This marquee sign shall not exceed nine square feet in
area and the lower edges must be at least seven and one-half feet above the
ground; or
(B) One sign attached to or otherwise displayed upon the face of the marquee. This
sign shall not exceed a total sign area of 32 square feet or fifteen percent of the
marquee area on which it is displayed, whichever is less. The maximum letter
height is not to exceed twenty-four inches.
(3) Projecting Sign. One projecting sign for each business conducted on the premises,
stating the name and the nature of the business, which may only occur on an
exterior wall without an overhang. The bottom edge of the sign shall be no lower
than nine feet over any public way. Maximum sign area shall not exceed sixteen
square feet.
(4) 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
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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 never exceed 15 % of the
total area of the wall, whether used by single or multiple businesses.
(5) 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 150 square feet, whichever
is less
Note: See Section 3-8 for signs prohibited in all districts and Section 3-9 for signs allowed
without a permit.
Section 3-13. Signs permitted in agricultural open districts. (RA, FA, A, IA, O)
(a) The following signs are allowed, with a permit in agricultural/ open districts (RA, FA, A,
IA, O):
(1) Ground Sign: One lighted or unlighted ground sign not exceeding 8 square feet
in area, relating to a business conducted on the_premises, providing that the
building in front of which the sign is displayed is set back not less than 30' from
the street.
(2) Wall Sign: One lighted or unlighted wall sign, not exceeding 32 square feet in area
upon any wall of a structure on the premises related to business conducted on the
premises.
Note: See Section 3-8 for signs prohibited in all districts and Section 3-9 for signs allowed
without a permit.
Division 5. Permits
Section 3-14. Permits required.
(a) Except as otherwise provided in this chapter, no person may install, construct, erect,
alter, relocate, reconstruct, or cause to be installed, constructed, erected, altered,
relocated, or reconstructed any sign without first having obtained a sign permit.
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(b) Sign permits shall be posted in a conspicuous place on the site during the progress of
work and kept on file for the lifetime of the sign.
Section 3-15. Building permits.
Persons applying for a building permit shall include sign applications for any signs that will be
erected in conjunction with the new construction or improvements for which the building
permit is requested.
Section 3-16. Illuminated signs.
A permit application for a sign which uses electrical wiring and connections or which is
illuminated by an external source, shall be submitted to the electrical inspector. The electrical
inspector shall examine the plans and specifications of all wiring and connections to determine
if the plans and specifications comply with chapter 9, relating to electricity and chapter 14,
article 9, relating to outdoor lighting. The electrical inspector shall recommend (1) 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 of public works for final action in
compliance with Section 3-19.
Section 3-17. Permit application.
(a) Applications for sign permits, pursuant to article 1 of this chapter, shall be filed with
the director of public works. Applications shall contain at a minimum, the following:
(1) The name and address of the owner of the property upon which the sign will be
located, the owner of the sign, and the applicant, if different.
(2) The tax map key number of the location and proposed location of the sign and an
accurate description of the sign, including its contents;
(3) A plan or design of the sign, and a photograph or drawing showing its weight,
dimensions, lighting equipment, materials, details of its attachment and hanging,
and its position relative to relevant buildings, property lines, and adjacent streets;
and
(4) Any other information pertinent to the application as may be required by the
director of public works.
(b) A sign permit is not transferable unless a notice of transfer is filed with the director of
public works within ninety days of the effective date of a transfer of the real property
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on which the sign is permitted. The director of public works shall prescribe forms for
this purpose.
Section 3-18. Compliance with article.
Any permit, variance, or other approval issued pursuant to this article shall comply with all
applicable requirements of this article.
Section 3-19. Action on permit application.
(a) Upon receiving an application for a sign permit, submitted pursuant to Article 1, the
Building Division shall:
(1) Review the permit application for completeness;
(2) If the application is deficient, identify and notify the applicant of the deficiencies;
and
(3) If the application is complete, begin to process the application.
(b) Upon receiving a complete application for a sign permit, the director of public works
shall:
(1) Issue the sign permit in writing, if:
(A) After an examination of the plans, specifications, and other data, the director
of public works finds that the sign(s) that is the subject of the application
conforms in every respect with the requirements of this article and all
applicable statutes and ordinances;
(B) The application has been reviewed and approved by the electrical inspector,
if required pursuant to section 3-15;
(C) The application has been reviewed and approved by the planning director;
and
(D) Applicable sign permit fees have been received.
(2) Reject the sign permit in writing, if the sign(s) that is the subject of the application
fails in any way to conform with the requirements of this article.
(c) In case of a rejection, the director of public works shall:
(1) Specify in writing the section or sections of this article with which the sign(s) is
inconsistent; and
(2) Provide the applicant with information about the variance and appeal processes
contained in this article.
Section 3-20. Permit contents and record.
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(a) Permits shall be numbered and shall contain the following information:
(1) The permit number and the date of issuance;
(2) The name of the property owner and sign owner;
(3) The location of the sign(s), including tax map key number; and
(4) In the case of a temporary banner, the date of expiration of the permit.
(b) The director of public works shall maintain for public inspection a record of all
permits issued.
Section 3-21. Inspection upon completion.
A permittee shall, upon completion of the installation, construction, erection, relocation or
alteration of the sign, notify the director of public works who shall inspect the sign.
Section 3-22. Time limit on permit.
If the work authorized under a sign permit is not started within sixty calendar days after
the date of issuance, or if work is suspended for sixty calendar days, the permit shall be void.
Division 6. Variances
Section 3-23. Variances.
(a) In unique cases where strict enforcement of this chapter would result in unnecessary
hardship or practical difficulty, and where desirable relief may be granted without
detriment to the public interest, convenience or welfare, the Hawaii County Council may
grant by resolution, a request for a variance from any provision of this chapter
(b) Variance applications shall be submitted upon a form designated by the council and shall
include at a minimum, the following information and attachments, with five copies of all
documents:
(1) 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;
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(4) A photo or drawing of the relevant sign(s);
(5) A citation of the code section from which a variance is requested;
(6) A complete copy of any sign permit application and the Building Divisions'
rejection of the sign permit, if any;
(7) An explanation of the applicant's unique circumstances, in particular, those arising
from peculiar physical conditions not ordinarily found in most districts, peculiarity
of the applicant's business, or other special event or circumstance;
(8) An explanation of why granting the variance will not adversely affect the rights of
adjacent property owners or tenants, including an explanation of alternative
measures, if any, that the applicant is proposing to take in lieu of compliance with
the applicable code section;
(9) Notice of the variance application shall be served to adjacent property owners and
tenants not less than ten days prior to initial consideration by the Hawaii County
Council;
(10) An explanation of why the variance will not unreasonably violate the interest,
safety, convenience, or general welfare of the public; and
(11) An explanation of why a strict application of the terms of this chapter would work
an unnecessary hardship and practical difficulty upon the applicant or the
community.
Section 3-24. Variances; criteria for granting.
(a) Only in situations where the following conditions exist may a variance be granted:
(1) A grant of a variance is necessitated by peculiar physical conditions not ordinarily
found in most districts, because of the peculiarity of a business, or as a result of a
special event or circumstance;
(2) Granting the variance will not adversely affect the rights of adjacent property
owners or tenants;
(3) Granting the variance will not unreasonably violate the interest, safety,
convenience, or general welfare of the public; and
(4) A strict application of the terms of this chapter would work unnecessary hardship
and practical difficulty upon the applicant or the community.
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(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 3-25. Permit and variance fees.
(a) Applicants for sign permits pursuant to article 1, shall pay the following fees:
(1) An applicant for a sign permit shall pay a nonrefundable application fee of $25 to the
director of public works for each sign; and
(2) An applicant for a sign permit for a sign erected prior to obtaining a sign permit shall
pay a nonrefundable application fee of $100 for each sign.
(b) Applicants for sign variances, pursuant to article 1, shall pay a per sign fee of $100 or an
amount equal to ten percent of the total value of the sign(s), excluding installation costs,
whichever is greater. This nonrefundable fee shall be paid to the county clerk upon
submission of an application for a variance.
Section 3-26. Disposition of fees.
(a) The following shall be used exclusively to support the administration and enforcement of
this chapter and efforts to educate and inform the public about the county's sign law:
(1) Permit and variance application fees; and
(2) Fines, minus costs of collection, that are collected pursuant to this article.
(b) 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, pursuant to this chapter, and shall
deposit all monies received with the treasurer.
(c) The director of public works shall annually render an account of all monies received and
disbursed, pursuant to this article, 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
17
be rigidly and firmly braced, or securely attached or anchored to the building, structure, or
ground.
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 director of
public works. 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 director of public works.
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 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 outside of the property line upon which the sign is located. No sign shall
be permitted to project over any public highway except as indicated in Section 3-10 or interfere
with vehicular traffic.
Section 3-33. Distance above ground of projecting signs.
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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 3-34. 1-leight above buildings.
The highest point on any sign attached to a building or structure shall not extend above
the part of the building or structure to which it is attached.
Division 10. Maintenance
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.
Division 11. Nonconforming Signs
Section 3-36. 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 3-37 (Violations) and Section 3-39 and 3-43 (Criminal
prosecution and Administrative Enforcement) shall be sentenced to pay a fine of $100 per
day from the date of notification of the director of public works. During the time a sign is
permitted to remain as a nonconforming sign, it is_subject to the following conditions:
(1) A nonconforming sign shall be maintained in a safe condition and shall not in any
respect be dangerous to the public or to property.
(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
19
compliance with this article. The term "alteration" does not include repairs and
maintenance for the purpose of keeping the sign in a clean and safe condition.
Division 12, Violations, Enforcement, Penalty
Section 3-37. Violations.
Failure to comply with any provision of this article, any rule adopted pursuant to this
article, or with conditions imposed as part of any permit or variance from the provisions of this
article, shall constitute a violation of this article.
Section 3-38. Enforcement.
(a) The director of public works shall enforce and administer this article. Whenever
necessary, any official of another department of the County shall assist the director of
public works at the director of public works' request, consistently with the usual
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 placed within any public right-of-way the director of public works
may remove the sign summarily and without notice.
Section 3-39 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 $1,000.
(b) After a conviction for a first violation under this chapter, each further day of violation
shall constitute a separate offense if the violation is a continuance of the subject of the
first conviction.
(c) The imposition of a fine under this section shall be controlled by the provisions of the
Hawaii Penal code relating to fines, sections 706-641 through 706-645, Hawaii Revised
Statutes.
(d) Any authorized personnel may issue a summons or citation to an alleged violator in
accordance with the procedure specified in this section. Nothing in this section shall be
20
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.
(f) There shall be provided for use by authorized personnel a form of summons or citation
for use in citing violators of this chapter which does not mandate the physical arrest of
such violators. The form and content of such summons or citation shall be as adopted
or prescribed by the administrative judge of the district court and shall be printed on a
form commensurate with the form of other summonses or citations used in modern
methods of arrest, so designed to include all necessary information_to make the same
valid under the laws and regulations of the State of Hawaii and the County.
(g) In every case when a citation is issued, the original of the same shall be given to the
violator, provided that the administrative judge of the district court may prescribe the
giving to the violator of a carbon copy of the citation and provide for the disposition of
the original and any other copies.
(h) Every citation shall be consecutively numbered and each carbon copy shall bear the
number of its respective original.
Section 3n40. 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. Iaight of entry for authorized personnel.
When it is necessary to make an inspection to enforce the provisions of this chapter, or
when the director of public works has reasonable cause to believe that there exists upon a
building or upon a premises or upon a building site a condition which is contrary to or in
violation of this article which makes the building or premises or the building site unsafe,
dangerous or hazardous, the director of public works may enter the building or premises or the
building site at reasonable times to inspect or to perform the duties imposed by this article,
21
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 of
public works shall first make a reasonable effort to locate the owner or other person having
charge or control of the building or premises and request entry. If entry is refused, the director
of public works shall have recourse to the remedies provided by law to secure entry.
Section 3-42. 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 any
judgment resulting therefrom shall be assumed by the County.
Section 343. Administrative enforcement.
(a) In lieu of or in addition to enforcement pursuant to sections 3-39, 3-40, and 3-41, if the
director of public works determines that any person is violating any provision of this
chapter, any rule adopted thereunder, or any permit issued pursuant thereto, the
director of public works may have the person served by personal service or by certified
mail, with a notice of violation and order pursuant to this section. The director of public
works may also have a copy of the notice of violation and order posted at the building
site.
(b) The notice of violation shall include at least the following information:
(1) Date of the notice;
(2) Name and address of the person noticed;
(3) Section number of the provision, or rule, or the permit which has been violated;
(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:
(1) Cease and desist from the violation;
22
(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 of public works' decision is appealed to
the board of appeals within the thirty-day period.
(e) The provisions of the order issued by the director of public works under this section shall
become final thirty days after the receipt of the order, unless the director of public
works' action is appealed to the board of appeals as provided in this section.
(f) Any person adversely affected by any order issued under this section, may within thirty
days after the service of the order, appeal the order to the board of appeals as provided by
section 5-6.3 of the County Charter and also sections 25-2-20 through 25-2-24 of the
County Charter. An appeal to the board of appeals shall stay the provisions of the
director's order pending the final decision of the board of appeals.
(g) At the completion of an appeal in which the county's enforcement action is affirmed and
upon correction of the violation if requested by the violator. the case will be reviewed by
the director of public works to determine the appropriateness of the amount of the civil
fines that accrued while the appeal proceedings were pending. In the review of the
amount of the accrued fines, the director of public works may consider the following:
nature and egregiousness of the violation,_duration of the violation, number of recurring
and other similar violations, effort taken by the violator to correct the violation, degree
of 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 county_charter.
(h) After completion of a review of the amount of accrued civil fine by the director of public
works, the amount of the civil fine determined appropriate, including both the initial
23
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) Trhe director of public works may institute a civil action in any court of competent
jurisdiction for the enforcement of any order issued pursuant to this section. Where the
civil action has been instituted to enforce the civil fine imposed by said order, the director
of public works need only show that the notice of violation and order were served, that a
civil fine was imposed, the amount of the civil fine imposed and that the fine imposed
has not been paid.
(j) The director of public works shall file with the bureau of conveyances, liens on all
properties which have been the subject of fines levied under this section, which remain
unpaid for one year or more after final adjudication and the expiration of the time for
any further appeal.
(k) Fines, assessed under this section shall constitute a lien upon the subject property upon
the filing of said lien with the bureau of conveyances. This lien shall be considered for
purposes of authority, to be the equivalent liens which arise pursuant to the provisions
of chapter 19 of this Code.
Section 344. Remedies cumulative.
The remedies provided in this article shall be cumulative and not exclusive.
Division 13. General Provisions
Section 3-45. Administration.
The director of public works shall enforce and administer all of the provisions of article one
of this chapter. Whenever necessary, any official of another department of the County shall
assist the director of public works at the director of public works' request, consistently with the
usual duties of the official's department.
Section 346. 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
24
does not dispense with the necessity to comply with any law, ordinance, regulation or any other
provision of the Hawaii County Code to which a permittee may also be subject.
Section 3-47. Implementation of community design plans or guidelines.
The Council may adopt sign provisions that implement special community design plans or
guidelines that have been approved by the County Council.
Section 3-48. Adoption of rules.
The director of public works and the planning director may adopt rules pursuant to
Chapter 91, Hawaii Revised Statutes, necessary for the purposes of this chapter.
Section 3-48. Educational material.
The director of public works shall prepare or cause to be prepared aneasy-to-use, user-
friendly pamphlet or brochure which describes the key provisions of this ordinance and
provides examples by drawing or photograph, to facilitate use of this Chapter. The director of
public works may use outside community organizations to assist with this process.
SECTION 3. Chapter 3, article 2, 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 3-51. Purpose.
Kailua village is recognized as a special segment of the County. All sections of Article 1
apply to Kailua village. However, certain other aspects of signage are applied specifically to
Kailua village in addition to those in Article 1.
Unquestionably signs have a legitimate place in Kailua village if they are thoughtfully
designed and appropriate to their surroundings. Many elements of good sign design adapt well
to the theme which is the unique, unhurried atmosphere and the foundation of Kailua's charm.
The primary purpose of a sign is to promote an identity, goods and services, or activities
through visual communication. While laws can regulate the size, placement, number, design,
25
and aesthetics of signs, it is recognized that reasonable minds may differ as to how sign control
can best be accomplished. The Kailua village special district commission, through the County
planning department, has a shared responsibility for sign review within the Kailua village
special district. The provisions of this article shall be utilized by the design commission and
cooperating agencies in evaluating all sign permit requests within the Kailua village special
district.
Section 3-52. Boundaries.
This article shall apply to Kailua village. The boundaries of Kailua village for purposes of
this article shall be as delineated in the County Zoning Code, chapter 25, article 7, division 1,
sec. 25-7-1, of the Hawaii County Code.
Section 353. De€initions.
(a) As used in this article:
(1) "Building" means a structure intended for use and occupation as a habitation or
for some purpose of trade, manufacture, ornament, or use constituting a fabric or
edifice.
(2) "Council" means the County council.
(3) "Design commission" means the Kailua village special district and urban design
review commission.
(4) "Directory sign" means a special type of ground sign which identifies and attracts
attention to any property or premises and which lists, indicates, or identifies two
or more trade or manufacturing activities.
(5) "Display case" means a case, cabinet, or other device placed out of doors or
affixed to a building which is used as a sign.
(6) "Graphic design" means any design or portrayal painted or applied directly on an
exterior wall, fence, awning, window, or other structure, which is readily visible
from any public right-of-way, and which has as its purpose an artistic effect, and
is not primarily the identification of the premises or the advertisement or
promotion of the interests of any private or public firm, person or organization.
"Indirect lighting" means any external sign illumination which is not an integral
part of the sign itself.
26
(8) "Kailua village core" means the area bounded by or adjacent to Alii Drive, Palani
Road, Kuakini Highway, and Hualalai Road.
(9) "Kailua Industrial Subdivision" means the area bounded by the following:
(a) Beginning at the intersection of Kaiwi Street and Kuakini Highway,
mauka behind the properties fronting the west side of Kaiwi Street to
Queen Kaahumanu Highway.
(b) Continuing southeast alomg Queen Kaahumanu Highway to the last
property fronting Luhia Street.
(c) Southwest along that property to Eho Street and along Eho Street to Alapa
Street.
(d) Then east along Alapa Street to the last property fronting Alapa Street.
(e) Turning southwest along that property and the adjacent property fronting
Pawai Place to Kuakini Highway.
(f) Then west along Kuakini Highway to its intersection with Kaiwi Street.
(10) "Window" means an aperture or opening in the wall of a building which admits
light and air to the interior of the building and allows visibility from within
and without.
Section 3-54. I'ern~it required.
Any person, firm, or agency who plans to erect, construct, replace, attach, establish, or
display a sign within Kailua village shall obtain a sign permit in accordance with Sections 3-14,
3-15, 3-16, 3-17, 3-18, 3-19, 3-20, 3-21 and 3-22.
Section 3-55. Perynit application; contents.
(a) To obtain a sign permit, the applicant shall file an application on forms furnished by the
director of public works.
(b) An application shall include that required by Section 3-17 and in addition:
(1) A graphic, colored illustration of the proposed sign, drawn to scale and reflecting
all letters and the style and size of lettering.
(2) A description and sample of any type of material to be used for the sign and its
background, and a description of the method of any lighting.
(3) A plot plan illustrating the location of the building or site and the location of the
proposed sign.
27
(4) Any other information the director of public works or design commission may
require.
Section 3-56. Design commission review; failure to review.
(a) Each completed permit application, together with all accompanying information shall be
forwarded by the director of public works to the design commission for its review and
action.
(b) Within thirty calendar days after receipt of the completed application from the director
of public works, the design commission shall provide its recommendations to the
director of public works. If a recommendation is not received within the allotted period,
the director of public works shall act on the request within five working days after the
expiration of the thirty-day period. An extension may be granted by the director of
public works only upon the written consent of the applicant.
Section 3-57. Guidelines for review.
(a) The design commission and the director of public works, when reviewing an application
under this article shall consider the following guidelines:
(1) Relationship to Building, Site, and Surroundings. Fitting each sign to its
surroundings shall be a prime consideration. A sign shall complement the
building it identifies and the theme of Kailua's village way of life as described in
the Kailua village design plan. It shall be a planned feature, reflecting the
architectural scale, design, and color of the building or structure.
(2) Size and Number. The overall size and number of signs shall minimally dominate
the property or the building which it identifies.
(3) Shape. The shape of the sign shall seek to aesthetically and functionally
emphasize the message.
(4) Lettering. Subtleness, proportion, and design shall be emphasized in sign copy
and lettering.
(5) Illumination. When an illuminated sign is used, the light intensity, color
illumination, and the careful screening of the light source shall be considered.
(6) Landscaping. A freestanding sign should offer an opportunity for landscaping
treatment at its base.
28
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 3-58. t~ction on permit application.
(a) The director of public works shall consider the design commission's recommendation
when processing a sign permit application.
(b) If the director of public works, after considering the design commission's
recommendation, finds that the proposed sign is in compliance with this article and
any other applicable statute or ordinance, a sign permit shall be issued by the
Department of Public Works.
Section 3-59. Variances.
A variance may be granted in accordance with Sections 3-23 and 3-24.
Section 3-60. Design commission review of variances.
Prior to the public hearing on a variance application, the Hawaii County Council shall
transmit a copy of the variance application to the design commission for its review and
recommendation.
Division 2. Permissible Signs.
Section 3-61. Sign area and lettering size.
(a) Unless otherwise provided, the maximum permitted surface area of any sign oriented to
any public street or vehicular access shall be:
(1) Ground Sign.
(A) If lot frontage is up to 301ineal 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 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;
29
(C) The total area shall be twelve square feet for any sign not fronting a public street
or vehicular access or for any sign located within the Kailua village core.
(2) Marquee Sign.
(A) A sign attached to the underside of a marquee (hanging sign) for each
business conducted on the premises. This marquee sign shall not exceed
nine square feet in area and the lower edges must be at least seven and one-
half feet above the ground; or
(B) A sign attached to or otherwise displayed upon the face of the marquee.
This sign shall not exceed a total sign area of 32 square feet or fifteen percent
of the marquee area on which it is displayed, whichever is less.
(C) The total area allowed shall be twelve square feet for any sign not fronting a
public street or vehicular access or for any sign located within the Kailua
village core.
(3) Projecting Sign.
(A)A 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.
(B) The total area allowed shall be twelve square feet for any sign not
fronting a public street or vehicular access or for any sign located within
the Kailua village core.
(4) Wall Sign.
(A) If lot frontage is up to 30 lineal feet, a wall sign shall neither exceed fifteen
percent of the total exposed area of the wall, associated with the business
on which the sign is displayed, nor exceed twelve square feet, whichever
is less. A sign on the face of the building for each business conducted on
the premises shall not exceed fifteen percent or ttivelve square feet,
whichever is less, of the area of the face of the building actually occupied
by the business.
(i) In the Kailua Industrial Subdivision the maximum wall sign area shall
be seventy-five square feet.
30
(B) If lot frontage is greater than 30 lineal feet, a wall sign shall neither exceed
fifteen percent of the total exposed area of the wall, associated with the
business on which the sign is displayed, nor exceed twenty-two square
feet, whichever is less. A sign on the face of the building for each business
conducted on the premises shall not exceed fifteen percent or twenty-two
square feet, whichever is less, of the area of the face of the building
actually occupied by the business.
(i) In the Kailua Industrial Subdivision the maximum wall sign area shall
be seventy-five square feet.
(C) The total area of any wall covered by signage shall never exceed 15 % of
the total area of the wall, whether used by single or multiple businesses.
(D) The total area allowed shall be twelve square feet for any sign not
fronting a public street or vehicular access or for any sign located within
the Kailua village core.
(5) Window signs and Painted Window Signs.
(A) The total area allowed to be covered by one or more window signs fronting
any street in any business shall be no more than 15% of the total combined
area of the windows or twenty-two square feet, whichever is less.
(B) The total area allowed shall be twelve square feet for any sign not fronting a
public street or vehicular access or for any sign located within the Kailua
village core.
(b) Any lettering or symbol, including free-standing letters, shall not exceed nine inches in
height.
(1) In the Kailua Industrial Subdivision, any lettering or symbol, including free-standing
letters, shall not exceed eighteen inches in height.
Section 3-62. 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) A directory sign shall not exceed six feet in elevation.
(2) Ground Sign.
31
(A) The elevation of a ground sign shall be computed as the distance from the
base of the sign at normal grade to the top of the highest attached
component of the sign. Normal grade shall be construed to be the lower of
either the existing grade prior to construction or the newly established grade
after construction, exclusive of any filling, berming, mounding, or
excavating solely for the purpose of locating the sign. A ground sign shall
not exceed six feet in elevation. The lettering or symbols shall not be higher
than five and one-half feet from the finished elevation.
(3) Projecting Sign.
(A) A projecting sign may be placed no less than nine and one-half feet above
ground, and shall extend into no more than one-third of the width of a
public right-of-way, or four feet, whichever is less.
(4) Wall Sign.
(A) A wall sign shall not exceed an elevation which is the lesser of fourteen
feet or one-half the height of the building
(5) Window Sign.
(A) A window sign shall not exceed five and one-half feet in height.
Section 3-63. Number of signs
(a) Only one sign for any business or one sign for any street or vehicular access on
which a building has frontage shall be permitted.
(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 3-64. Prohibited signs.
(a) In addition to the signs prohibited in Section 3-8, the following types of signs are also
prohibited in Kailua Village:
(1) Any sign or display which is constructed primarily of materials with a shiny,
slick, or reflective surface such as fiberglass or acrylic plastic.
(2) Any sign which is displayed on any roof or mansard roof, or when attached to a
building extends above the lowest edge of any portion of the roof or mansard
roof.
32
(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.
(4) Any sign for product advertising when visible to the general public. A sign
containirng only the name of a business is not a sign for product advertising.
(5) Any mechanical gimmick or decorative element that functions through
animation, revolvement, up, down, sidewards or any other similar movement,
including but not limited to, any spinning device, light bulb border, flashing or
mobile illumination.
Section 3-65. Exempt signs.
(a) In addition to the exempt signs allowed in Section 3-9, the following signs are exempt in
Kailua Village, with the restrictions stated in Section 3-9:
(1) Informational signs, motion picture posters, or special events posters which
conform to the guidelines of section 3-57, and are 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.
SECTION 5. This ordinance shall take effect the next business day after adoption.
INTRODUCED Y: ~
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COU CIL EMBER, CO TY OF HAWAII
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Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
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