HomeMy WebLinkAboutORD 2005-062 2004-2006
COUNTY OF HAWAII `r;r:; STATE OF HAWAII
BILL NO. ~2
ORDINANCE NO. U5 62
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 HAWAII:
SECTION 1. The purpose of the bill is to correct inadvertent drafting errors found in Ordinance 04-142.
Ordinance 04-142 repealed the old Article 1 and added a new Article 1. While the County Council also
intended to enact a new Article 2, relating to Kailua Village Signs, the ordinance failed to include a
provision repealing the then-existing Article 2. Therefore, to avoid any ambiguity, this measure repeals
sections 3-51 through 3-78 of the older Article 2 as well as sections 3-49 through 3-62 of the recently
adopted Article 2~ IYthen reeeracts the pr6vis#ans of the
new ArticYe 2 thatthe 2004~noirin~nded~o
enact (sections 3-49 through 3-62). This measure does not affect Article 1, which was correctly drafted
and adopted.
SECTION 2. Chapter 3, Article 2, Hawaii County Code is repealed in its entirety.
SECTION 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 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.
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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 1, sec. 25-7-1, of the Hawaii County Code.
Section 3-51. Permit required.
Except 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,
°rected, altered, relocated, or recoirstrtrcted any sign within t}-ie~ICKaiiua iyillage 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) Any other information the director or design commission may require.
Section 3-53. Design 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
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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:
(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 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) Size and number: The overall size and number of signs shall minimally dominate
the property or tht;
buildircg w~iich 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
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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.
Prior to final 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 i[s
review and recommendation.
Division 2. Permissible Signs.
Section 3-58. Sign area/size and lettering size.
(a) Unless otherwise provided, the maximum permitted surface azea/size of any sign
oriented to any public street, park, other public place or pedestrian way shall be:
(1) Directory sign.
(A) IfYhe lot frontage is up to thirty Yirieal 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 feet, except that no wall directory sign may
exceed the lesser of twenty-two squaze 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 sign shall not
exceed twenty-two squaze feet for any building or portion of a building
under separate management or control and not exceed eleven feet in
elevation from the ground.
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(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 squaze feet in
area, and the lower edges must be at least seven and one-half feet above the
ground.
(B) A sign attached to or otherwise displayed upon the face of the marquee shall
not exceed a total sign area of twenty-two squaze feet or fifteen percent of
the marquee azea 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 squaze 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 squaze 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.
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(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 (1) 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
sign, shall be as follows:
(1) Direetary wall signA directory wa7)-ssign-shall not exceed nine feef 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.
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(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 3-61. Prohibited signs.
(a) In addition to the signs prohibited in section 3-7, the following types of signs aze 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 mansazd 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 cleazance 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.
(4) 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
animaCion; revolvement; up, down; sidewai=ds of any other similar movement,
including but not limited to, any spinning device, light bulb border, flashing or
mobile illumination.
Section 3-62. Exempt signs (signs allowed without permits).
(a) In addition to the exempt signs allowed in section 3-8, the following signs aze 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 affiliations or memberships, credit cards which are
accepted, or other similaz 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 upon its approval.
INTRODUCED BY:
. ~ o-x-~<
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawaii
Date of Introduction: April 6, 2005
Date oflstReading: April 6, 2005
Date of 2nd Reading: April 20, 2005
Effective Date: April 27, 2005
REFERENCE: Comm: 191.
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OFFICE OF THE COUNTY CLERK 3CCEYVgY
County of Hawaii 3---?s•~'='•- eY-~--
Hilo, Hawaii y-2~~-'--•--
County Council -
Introduced By: Donald Ikeda ROLL CALL VOTE
Datelntroduced: April 6, 2005 AYES NOES ABS EX
First Reading: April 6, 2 0 0 5 Arakaki X
Published: April 17, 2005 Higa X
Hof&nann X
~Mq~{S. Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 0 1 0
Second Reading: April 20, 2005
To Mayor: April 21, 2005 ROLL CALL VOTE
Returned: April 27, 2005 AYES NOES ABS EX
Effective: April 27, 2005 Arakaki X
Published: May 3, 2005 Higa__._ _ _ _ X
Hoffinann X
REMARKS.' Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
/=i's~i~~Y~%'~~C COUNCIL C~H',AIR~MAN p
DEP~N
'O~f~P ION COUNSEL ~u~.i ~C ,~~I~
COUNTY OF HAWAII
COUNTY CLERK
Date
72
~ Bill No.:
pprov Disapproved this day C-191/PWIRC-Waived
Reference:
o
f v1M1 Zp O S Ord No.: ~5 62
OR, CO F HAWAI `I