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HomeMy WebLinkAboutBIL 072 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII BILL NO. n ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 2 OF THE HAWAII COUNTY CODE, RELATING TO ADVERTISING AND SIGNS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`l: SF.C'f ION I .The purpose of the bill is to correct inadvertent drafting errors found in Ordinance 04-142. Ordinance 04-142 repealed the old Article I and added a new Article I. While the County Council also mended to enact a new Article 2, relating to Kailua Village Signs, the ordinance tailed to include a provision repealing the then-existing Article 2. Therefore, to avoid any ambiguity, this measure repeals sections 3-51 through 3-7A of the older Article 2 as well as sections 3-49 through 3-62 of the recently adopted Article 2. It then reenacts the provisions of the new Article 2 that the 2004 Council intended to enact (sections 3-49 through 3-62). This measure does not affect Article I, which was correctly drafted and adopted. SECTION 2. Chapter 3, Article 2, Hawaii County Code is repealed in its entirety. SF,CTION 3. Chapter 3 of the Hawaii County Code is amended by adding a new Article 2, which shall read as follows: "Article 2. Kailua Village Signs. Division 1. General Provisions. Section 3-49. Purpose. Kailua Village is recognized as a special design district of the County. Unless otherwise provided for in this article, all sections of article 1 apply to the Kailua Village design district. However, certain other aspects of signage are applied specifically to this district in addition to those in article I. Unquestionably, signs have a legitimate place in Kailua Village if they are thoughtfully desigmed 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. -t- 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, and aesthetics of signs, it is recognized that reasonable minds may differ as to how sign control can best be accomplished. The Kailua Village design commission, through the County planning department, has a shared responsibility for sign review within the Kailua Village special design district, as set forth in the County planning department's Master Plan for Kailua-Kona. 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 design district. Section 3-50. Boundaries. This article shall apply to the Kailua Village special design district. For purposes of this article, the boundaries of this district shall be as delineated in the County zoning code, chapter 25, article 7, division I, sec. 25-7-1, of the Hawaii County Code. Section 3-51. Permit required. I xcepl as otherwise provided in this chapter, no person, firm, or agency may display, install, construct, erect, alter, relocate, reconstruct, or cause to be displayed, installed, constructed, erected, altered, relocated, or reconstructed any sign within the Kailua Village design district without first having obtained a sign permit in accordance with this chapter and article. Section 3-52. Permit application; contents. (a) To obtain a sign permit, the applicant shall file an application on forms furnished by the director. (b) The application shall include information required by section 3-16 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 or 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. (4) Airy other information the director or desi~ commission may require. Section 3-53. llesign commission review; failure to review. (a) Each completed permit or variance application, together with all accompanying information shall be forwarded promptly by the director through the County planning director to the design commission for its review and action. (b) Within thirty calendar days after receipt of the completed application from the director, the design commission shall provide its written recommendation(s) to the director. If a -2- recommendation is not received within the allotted period, the director shall act on the request in accordance with section 3-18 or 3-23, as the case may be. An extension may be granted by the director only upon the written consent of the applicant. Section 3-54. Guidelines for review. (a) The design commission and the director, when reviewing an application under this article, shall consider the following guidelines, as well as those found in the Master Plan for Kailua-Kona. In the event a conflict exists between any requirement of this chapter and the Master Plan for Kailua-Kona, the more restrictive or specific requirement shall prevail: (I) 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 the Kailua Village way of life as described in the Master Plan for Kailua-Kona. It shall be a planned feature, reflecting the architectural scale, design, and color of the building or structure. (2) Sire 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 and not compete with the architecture of the building. (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. (7) 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 earth tone color that is not gaudy or clashing shall be encouraged. Section 3-55. Action on permit application. (a) The director shall consider the design commission's recommendation(s) when processing a sign permit application. (b) If the director, after considering the design commission's recommendation(s), finds that the proposed sign is in compliance with this article and chapter and any other applicable -3- county, state or federal law or regulation, a sign permit shall be issued by the department. Section 3-56. Variances. A variance may be granted in accordance with division 6 of this chapter. Section 3-57. Design commission review of variances. ['rior to dual decision-making on a variance application, the director shall transmit a copy of the variance application through the County planning director to the design commission for its review and recommendation. Division 2. Permissible Signs. Section 3-58. Sign area/size and lettering size. (a) Unless otherwise provided, the maximum permitted surface area/size of any sign oriented to any public street, park, other public place or pedestrian way shall be: (I) Directory sign. (A) if the lot frontage is up to thirty lineal feet, a directory sign may not exceed twelve square feet, except that no wall directory sign may exceed the lesser of twelve square feet or fifteen percent of the wall area on which it is located. (B) If the lot frontage is greater than thirty lineal feet, a directory sign may not exceed twenty-two square feel, except that no wall directory sign may exceed the lesser oftwenty-two square feet or fifteen percent of the wall area on which it is located. (C) A directory sign, either wall or ground sign, shall not exceed sixteen square feet in the Kailua Village Core. (2) Ground sign. (A) If lot frontage is up to thirty lineal feet, a ground sign shall not exceed twelve square feet for any building or portion of a building under separate management or control and not exceed six feet in elevation from the ground. (B) If lot frontage is greater than thirty lineal feet, a ground sibm shall not exceed twenty-two square feet for any building or portion of a building under separate management or control and not exceed eleven feet in elevation from the ground. -4- (3) Marquee sign. (A) A sign attached to the underside of a marquee (hanging sign) for each business conducted on the premises shall not exceed nine square feet in area, and the lower edges must be at least seven and one-half feet above the ground. (A) A sign attached to or otherwise displayed upon the face of the marquee shall not exceed a total sign area of twenty-two square feet or fifteen percent of the marquee area on which it is displayed, whichever is less. (4) Projecting sign. (A) A projecting sign for each business conducted on the premises, stating the name and the nature of the business, may only occur on an exterior wall without an overhang and shall not exceed sixteen square feet. (5) Wall sign. (A) If lot frontage is up to thirty lineal feet, a wall sign shall not exceed fifteen percent of the total exposed area of the wall, associated with the business on which the sign is displayed, or 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 of the area of the face of the building actually occupied by the business, or twelve square feet, whichever is less. (B) If lot frontage is greater than thirty lineal feet, a wall sign shall not exceed fifteen percent of the total exposed area of the wall, associated with the business for which the sign is displayed, or 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 of the area of the face of the building actually occupied by the business or twenty-two square feet, whichever is less. (C) In the Kailua Industrial Subdivision, the maximum wall sign area shall not exceed seventy-five square feet or fifteen percent of the wall, whichever is less. (D) The total area of any wall covered by signage shall not exceed fifteen percent of the total area of the wall on which it is located, whether used by single or multiple businesses. -5- (6) Window signs and painted window signs. (A) For any business, the total area allowed to be covered by one or more window signs fronting any street shall be no more than fifteen percent of the total combined area of windows or twenty-two square feet, whichever is less. (b) In any case, the total area allowed shall not exceed twelve square feet for any sign not fronting a public street or vehicular access or for any sign located within the Kailua Village Core. (c) Any lettering or symbol, including free-standing letters, shall not exceed nine inches in height, except as noted in (I) below. (I) In the Kailua Industrial Subdivision, any lettering or symbol, including free- standing letters, shall not exceed eighteen inches in height. Section 3-59. Sign elevation. (a) Maximum sign elevation, measured from the finished ground elevation to the top of the si},m, shall be as follows: (I) Directory wall sign. A directory wall sign shall not exceed nine feet in elevation. (2) Ground sign. 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 projecting sign may be placed no less than nine feet above ground, and may extend into no more than one-third of the width of any public area or pedestrian way, or four feet, whichever is less. (4) Wall sign. The top edge of a wall sign shall not exceed nine feet above the grade or finished floor level or one-half the height of the wall on which it is located, whichever is less. (5) Window sign. A window sign shall not exceed five and one-half feet in height. Section 3-60. 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 covert as the one sign allowed for the building frontage. Section 3-61. Prohibited signs. (a) [n addition to the sums prohibited in section 3-7, 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 nn 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. (3) Any sign which has a vertical clearance of less than nine feet or projects, extends, or is otherwise displayed over or above any public street, park, other public places or pedestrian way, except as may be permitted by section 3-62 or chapter 22. (Q) Any sign For product advertising when visible to the general public. A sign containing only the name of a business is not a sign for product advertising. (5) Any mechanical sign, graphic design 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, tlashing or mobile illumination. Section 3-62. Exempt signs (signs allowed without permits). (a) In addition to the exempt signs allowed in section 3-A, the following signs are exempt in Kailua Village, with the restrictions stated in section 3-8: (1) One temporary informational sign or poster for a temporary event, no larger than eight square feet, and 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 aftiliations or memberships, credit cards which are accepted, or other similar information." SECTION 4. [f 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. SEC "f10N 5. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ ~ 4-~%. COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: 'CL': Comm: 191 R..~ ~:.cA~ - -R-