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HomeMy WebLinkAboutBIL 275 Draft 02 2002-2004 ~p~~,MZV as N~ C~- ' I 4 COUNTY OF HAWAII STATE OF HAWAII ' T~ o, •M''M BILL NO. 2~s (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 (GENERAL WELFARE) OF THE HAWAII COUNTY CODE, AS AMENDED, RELATING TO STREET ADDRESSING AND NAMING. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose and Findings. The County Council finds that a uniform system of assigning and displaying addresses is essential for efficient location by emergency responders. SECTION 2. The Hawaii County Code chapter 14 is hereby amended by adding a new article to read as follows: Chapter 14 ARTICLE 14. STREET ADDRESSING AND NAMING Division 1. General Provisions Section 14-79. Purpose and Applicability a) The establishment of a uniform and systematic procedure for the assignment of addresses is vital for the health, safety and welfare of the community to provide an effective means of emergency location through the E911 system; expedite postal, utility service, and commercial delivery services; and reduce confusion for people trying to find a residence or business. b) An address shall be assigned to all buildings, as defined in this article, and units within buildings which will be occupied for work or residence uses. c) All streets shall be named, whether public or private, in accordance with this article. d) No application for a building permit or subdivision shall be approved that does not conform to the requirements in this article. Section 14-80. Definitions a) "Address" shall mean that combination of street name, building number, and when necessary, a unit number that is assigned to a parcel, building, or unit within a building, and is unique to it, to indicate its location. b) "Building" shall mean any structure that is designed for human occupation for working or living purposes. Structures which provide accessory uses to a business or residence, such as accessory storage, animal shelters, barns, housing of mechanical or scientitlc equipment, power generation, greenhouses, or other accessory uses located on the same parcel of land are not required to have an address. c) "Director" means the planning director or designated representative. d) "Private Street" shall mean any street which is not under the control or ownership of any governmental agency. e) "Street" means a vehicular way providing access to three or more lots or units, or with the potential to serve three or more lots or units; a vehicular way that is not a street shall be considered a driveway. The address for a building along a driveway shall use the name of the street which the driveway intersects. Section 14-81. Administration a) The director shall assign street names and building numbers within the County of Hawaii pursuant to this article. b) The director shall maintain official maps and databases of street names and addresses in a system that enables efficient searches or listing by property owner, address, and tax map key. c) The director may grant reasonable exceptions to the requirements in this article upon consultation as appropriate with the director of public works, fire chief, and/or police chief to accommodate existing conditions or unusual street or land use patterns. d) The director may adopt rules to implement this article. Division 2. Address Numbers Section 14-82. Procedures for Assigning and Changing Addresses. a) Assignment of new address. The director is authorized to assign an appropriate number to 2 each building upon application for a building permit or upon request by the property owner, lessee, tenant, renter or government agency. If circumstances indicate a reasonable need for consultation and consent by the property owner to any new or change of address application by anon-owner, the director may require such consultation and consent before issuing a new or change of address. (1) For existing buildings without an address, the following information shall be provided to the director when applying for an address: a) Tax map key number of the property. b) Name of the property owner, and name of the applicant (if not the owner). c) Plot plan of the parcel showing all driveways and buildings. d) The director may request additional information as needed to determine the assignment of the correct number. (2) Prior to the assignment of an address, the street that is to be part of the address shall have an official name. If the street does not have an official name, the applicant shall work with the Planning Department to name the street in accordance with the procedures and requirements set forth in Street Names (3) Provided the street has an official name, within 14 calendar days of the tiling of the application with the director, the director shall assign a building number and notify the applicant in writing of the assigned building number and any special requirements as to posting location, number size or other requirements. (4) For new buildings, the director will assign building numbers as part of the building permit process. If the location of the driveway to the property should change after the issuance of the building permit, the applicant or the applicant's builder must notify the planning department prior to occupancy to determine whether a change in the building number is necessary. b) Changing an Address. (1) The director may change an address when it is out of sequence, does not conform to the numbering standards established in this article, is confusing, or might delay emergency response. If an address is changed, the director must notify the owner in writing at least thirty days before the effective date. (2) A property owner may apply for an address change for personal reasons by submitting an 3 application for number change and paying a fee of $50. The director may deny the application if the proposed address does not meet the requirements of this article. Section 14-83. Address Numbering Standards. a) Numbering Convention. Building numbers shall consist of whole numbers (no fractions) and shall be assigned based on an equal interval system. Under this system, the address is derived by measuring the distance along a street and dividing that distance by some equal interval to determine the address for a building. The number assigned shall be the numbered interval closest to the driveway or front entrance. The interval unit shall be small enough to provide an address to each potential building permitted in the zoning district. The director shall determine the appropriate interval unit for urban and rural areas. b) Point of Origin; Odd and Even Numbering. For numbers assigned after the effective date of this ordinance, numbers shall increase from the point of origin with even numbers on the right-hand side. In determining the point of origin, the director may consider any of the following: the existing pattern of surrounding streets; numbering pattern relative to mauka/makai directions; entrance to a cul de sac; and/or numbering pattern relative to east/west or north/south direction of the street. c) Prefixes and Suffixes. On parcels with multiple buildings, or in situations approved by the director, the assigned number may be followed by an alphabet letter to distinguish each building or units within a building. The director may add a prefix to any number, such as the tax snap key zone. d) Corner Lots. The address for corner lots shall be the street where the main driveway intersects or where the main entry faces. If there is no driveway or the structure does not directly face either street, the number should be determined based on the predominate street frontage. Section 14-84. llisplay of Address Numbers. a) Display Requirement. (1) Each property owner shall post building numbers in accordance with the provisions of this article. (2) During construction of new buildings, assigned address numbers shall be posted temporarily at the driveway location to facilitate inspections and assist emergency 4 responders prior to occupancy. (3) Upon written notice from the director that a posted number is erroneous or changed, the property owner shall remove or erase any wrong building number and shall post the correct building numbers incompliance with this article. (4) All buildings required to be numbered shall be numbered at the expense of the owner. (5) The property owner shall be responsible to maintain all posted numbers such that they are visible and readable at all times. b) Display Standards. (1) Single-Family Residences a) For parcels with single mailboxes, numbers shall be posted on the mailbox to be visible from either direction. Where the entrance of a residence is more than fifty feet from the street travelway edge or when the residence is not clearly visible from the street, a second set of numbers shall be placed on, above, or at the side of the main entrance to the building. b) In areas without mailboxes, or when multiple mailboxes are located in one location, numbers shall be placed on a post, fence, wall, or some structure within the property line near the intersection of the driveway and the street so that the number is distinguishable and legible from the street. Where the main entrance of the building is clearly visible and within fifty feet of the street travelway edge, the address may instead be conspicuously placed on, above, or at the side of the main entrance so that the number is distinguishable and legible from the street. Where the entrance of a residence is more than fifty feet from the street travelway edge or when the residence is not clearly visible from the street, a second set of numbers shall be placed on, above, or at the side of the main entrance to the building. c) When owners share a common driveway, a sign not exceeding two square feet in area and showing the range of addresses shall be attached to a permanent structure or post with the top of the sign not exceeding six feet in height, and located within the property line near the intersection of the driveway and the street. Each building along the driveway shall be numbered in accordance with this article. d) Address numbers for residences shall be Arabic numerals not less than three inches in height and shall be made of a durable and clearly visible material or paint 5 (preferably reflective) in a color distinguishable from its background. (2) Duplexes, Apartments, Townhouses, Shopping Centers a) Duplexes, apartments, townhouses, shopping centers, or other similar groupings where only one number is assigned shall display such number at the main driveway from the street. b) Numbers for individual units or establishments within the complex shall be displayed on, above, or to the side of the main doorway of each unit or establishment. c) Address numbers, including unit numbers, shall be Arabic numerals not less than three inches in height and shall be made of a durable and clearly visible material or paint (preferably reflective) in a color distinguishable from its background. (3) Commercial and Industrial Buildings a) For buildings within fifty feet of the street, the number may be displayed over the main entrance to the structure or at the driveway entrance upon a wall, ground, or marquee sign. For buildings located more than fify feet from the street, the number shall be displayed at the driveway entrance. If there are more than one building on the property, the address shall also be displayed over the main entrance to each building. b) Address numbers for commercial and industrial buildings shall be Arabic numerals not less than four inches in height and shall be made of a durable and clearly visible material or paint (preferably reflective) in a color distinguishable from its background. c) To avoid contusion, there shall be no other wording or numbers within two feet of the address number. (4) Directories. For multiple-address developments, the director may require a directory board with a map to be posted at the driveway entrance and/or main entrance walkway. Directories must clearly show the location of all addresses that can be reached via that driveway or walkway. Directories must be easily seen from the street or sidewalk, as appropriate, but placed so that a vehicle or pedestrian pausing to read them can be out of the street and not block the sidewalk or driveway. Additional interior directories may be required where necessary to locate an address. 6 c) The director shall have tlnal approval authority over any aspect of building numbering reasonably related to the legibility, durability and location of the building numbering, and the building owner shall comply with all lawful orders of the director regarding such matters. Division 3. Street Names Section 14-85. Procedures for Naming and Renaming Streets a) New Streets. Streets to be created by land division, whether public or private, serving or with the potential to serve three or more lots or units shall be named by the subdivider and approved by the director during the review and approval of the subdivision. b) Naming or Renaming Existing Streets. The county council, director, street owner, or property owner along the street may initiate the naming or renaming of an existing street. When naming or renaming is initiated by the street owner or property owner, the petition must be signed by owners representing at least two-thirds of the parcels, dwelling units or businesses located along the affected street or portion of the street. When initiated by the county council, the council may direct the director by resolution. The director will name or rename a street in accordance with the criteria set forth in this article. c) Notification. After a street is named, the director must notify all appropriate public agencies and the property owners along the affected street. Section 14-86. Street Name Criteria Street names shall meet the following criteria: a) No Duplication. To eliminate potential confusion, duplication of street names within the same judicial district or zip code zone shall not be permitted. Streets with the same name but different street type designations shall be considered duplicate street names. b) Continuity. Streets continuing through an intersection or are segments of a planned alignment shall keep the same name. c) Directionals. The director may add directional indicators, such as north and west, to street name proposals as deemed appropriate. d) Other Criteria. The director may specify other street naming criteria in rules. 7 Section 14-87. Street Name Signs a) Requirement. Every intersection must have signs naming all the intersecting streets. b) Standards. The design and installation of street name signs, whether public or private street, must meet the minimum standards of the department of public works. c) Responsibility. For new streets created by land division, the subdivider shall be responsible to provide and install the street name signs prior to final subdivision approval. For existing public streets, the state or county as appropriate shall install and maintain the street name signs. For private streets, the street owner is responsible to install and maintain the street name signs. At the request of the majority of the owners of a private street, and upon receipt of a fee sufficient to cover the cost of materials and labor as determined by the county, the county may fabricate, erect, and thereafter maintain the street name signs. Division 4. Violations Section 14-88. Enforcement of Numbering or Street Name Requirements. a) Notice and Order. Whenever there is reason to believe there has been a violation of the requirements of this article, the director shall give notice to the owner to comply and order corrective action within thirty days from the date of notification. Such notice and order shall be sent via certified mail, with return receipt requested, to the owner. The date shown on the return receipt shall be the date trom which the 30-day period shall commence for compliance. b) Appeal. 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. 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. c) Penalty. If the owner fails to comply within the 30 day period, the owner will be subject to a fine of $25.00, and a further penalty of a like sum for every thirty days thereafter that such person shall neglect or refuse to correct the violation. The director may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, and provided that administrative appeals have been exhausted or the time for riling such appeals has elapsed without appeal, the director need only show that the notice of 8 violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the tine imposed has not been paid. Section 14-89. Enforcement of Street Name Sign or Address Tampering or Defacement. a) Violation. Except for repair, replacement, or relocation within twenty four hours, no person may alter, deface, or remove any address number or street sign. b) Criminal Prosecution. (1) Any person violating or causing or permitting the violation in the preceding paragraph, shall be guilty of a violation, and upon conviction thereof shall be sentenced as follows: a) Tor a first offense, by a fine not exceeding $500. b) Por 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. (2) 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. (3) 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. SECTION 3. Severability. If any provision of this ordinance or the application thereof 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 4. This ordinance shall take effect thirty days after its approval. Buildings which, upon the effective date of this Article, building permits have been issued or which have been occupied for business or residential use, will be granted a period of one year from the effective date to comply with the requirements of this ordinance. 9 INTRODUCED BY: ` ti~ COUN MBER, UNT F HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFEREyCL-; Comm..___ 633.6 V_ 10