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Home My WebLink AboutCOM 0454.014 1996-1998 RECEIVe* (brie.3.55/3A4 Byy -,°.L.1 Dote---- 8T7/98.`- ------ KonaOutdoor Circle County Council—` 76-6280 Kuakini High% av, Kailua-Kona HI 96740 Phone (808)329-7286 Fax (808)334-9646 To: County Councilmen Joe Reynolds, Curtis Tyler,Dominic Y agong Re: Bill No. 280, New Proposed Sign Ordinance From: Sherry Bracken. Sign Committee Chairman, Kona Outdoor Circle For questions: Ph: (808)334-1521: Fax(808)329-8017 6 pages August 17, 1998 Gentlemen. As a community organization whose principal concern is keeping the Die Island of Hawaii a showplace for both residents and visitors alike, the Kona Outdoor Circle would like to make comment on the newest proposed Sign Ordinance. `.1-e appreciate the work that the Council and the Staff have put in to develop the most recent draft also believe there's still work to be done, and appreciate the opportunity to assist in developing a workable, practical ordinance that will protect the treasured beauty of our home island_ I received the most current draft on Thursday.August 13; although the time has been limited. I asked several community members to review the current draft. 'Ye would very much appreciate your consideration of the enclosed suggestions which the kOC's Sian Committee prepared as a summary of the comments and replies received. I am also aware ti,at the other Big Island Outdoor Circles (Hilo, `Vaimea, 7.'aikoloa. Puna. Ka'u)have concerns about the proposed ordinance, although they have not yet seen the document. Finally, please be aware that our primary concerns, as delineated in our comments, are as follows: -It should be clearly stated thatall signs, even t m 2orary ones, require permits. -No sign should be as large as 250 square feet. One hundred and fifty square feet should be the maximum allowed anywhere. -Signs in general need to be smaller -Enforcement We have a suceestion in our comments. Respectfully submitted. .541.19 n. -6744-,&e Sherry L. Bracken Kona Outdoor Circle Sian Committee Ch6irma1 Comm No. 1-5-171' /If File No. H Cc/Ap', Ref. Tot Presented P WPCs Ret. Date AUG 18 1998 Kona Outdoor Circle--Comments to Proposed Sign)r.iinuuce Bi l No. 280 8/17198 Page 1/5 Division 2, Definitions: Page 3. Item (3) Marquee saes _.structure extends beyond the building, building line, or property line. Comment: This would seem to be inappropriate, to allow a sign to extend beyond one's property line. Page 4, Item (6) Sign _.includes the word "billboard " Comment: Billboards should not be allowed anywhere at any time,therefore, should not be mentioned herein . Page 4, Item(7)refers to temporary signs or banners. Comment: The committee is concerned about ''banners." We have no objection to temporary signs or banners as defined here. Bar-gars that are permanent , by any reasonable person's definition, should not be allowed at commercial establishments. We are concerned, as example, about banners and flags that can and do crowd and flutter about used car lots. These contribute to a "Cons'Island"-type atmosphere, which the Kona Outdoor Circle and many community members would like to avoid completely. These baimers are clearly not tempcorar- . There are other examples. Division 3, Sign Area: Page 6. Item(3) (definition for measuring sions \vi:h words, designs. etc.) Comment: We find the methodology for measurement confusing, and would suggest that this be relooked. We also believe that in the second to last line, which indicates the area consider each ward, design, or g gure really should be all words, designs, and figures. This should be clarified and i-,! de simple enough for any businessperson to calculate. Division 4, Sign Regulations: Page 7, Section 3-7. Item (2)--'each of the signs . .shall be of a different sign type. Comment: Why a different sign type? This is quite confusing to the KOC, and probably to businesspeople as well! Page 7. Item(c)...applicant is otherwise legzily permitted to conduct activities not normally allowed in the district... Comment: should be clarified--why would anyone be permitted to conduct activities not normally allowed in that district? This sounds like an imitation to break the law! If someone is allowed to do something in a different district, i.e. conduct industrial business in a residential district, we believe that the signs used should conform to that district ,not to the district within which use would generally be allowed. So in this situation, the signs would still have to conform to residential district requirements, not to industrial d is`-:iot rec!_zip-aT.;:.ents. If a contractor operates out of his home in a residential district,he ;sho tid not be permitted to have a large sign advertising his business. Kona Outdoor Circle--Comments to Proposed Sign O diva=-ice Bi l No. 280 8117/98 Page 2/5 Section 3-8, Signs prohibited in all districts(Pace 7): Comment: Sandwich board signs which have become "permanent"in nature should be specifically disallowed. llany businesses have ended up using sandwich board signs, not to promote a temporary event such as a real estate open house, but on a day-in, day-out basis (Gold's Gym, as an example). The signs are small,portable, easily moved about, and those locally seem to end up oftentimes in pedestrian right- of-ways and along the road shoulders where bicyclists travel. They are an example of clutter that the KOC would like to avoid. Also, Section (1)leaves too much room for individual interpretation. Specifying"sandwich board" signs from one business displayed more than two days in a rosy as part of what's prohibited will help define much of what is being referred to in Section (1). Section 3-9, Exempt signs. Page 8. (1) Any sign of a temporary nature... Comment: How does one define temporary? Should there be more definition? Page 8, (A) Announcing Sign: ...thirty-two square feet in area... Comment: Thirty two square feet is too large. Page 8, (B)Real Estate Sign ... any sign not e;,ceeding eight sq uare feet in area... Comment: We have measured residential real estate signs. The signs themselves are 24"x 18", or 3.5 square feet. Adding in the pioeard at top with the agent's name generally makes the entire area less than 4.5 square feet. We would suggest that residential real estate signs be limited to 3.5 square feet, with a provision that allows one agent name placard to be added,making the total sign area no more than 4.5 square feet. Page 8, Section(C) Subdivision Improvement Sign.. ...not exceeding thirty-two feet... Comment: Thirty-two feet is too large. The developer should be required to report, via a standardized form, to the chief engineer in advance of erecting the sign, not thirty days afterwards. Does the developer have to apply for a permit, or are we just taking this one on the honor system? We believe one sign should be all that's allowed,not"one per mile or fraction of mile." Page 9, (2) Any small sign not exceeding two so,;are feet in area. Comment: These should not be exempt. This sounds like it could be the proviso under which International Motors was allowed to fny multiple flags. We are very concerned about exempting small signs, since interpretation could be varied and we want, above all,to avoid having this lovely island loch like Coney Island. (No offense to Coney Island intended.) Kona Outdoor Circle--Comments to Proposed Si n Ordinance Bill No. 280 8/17/98 Page 3/5 Page 9. (3) Any sign...not exceeding thirty-two square feet...public, charitable, no n-profit, or religious institution.. Comment: These organizations should be subject to the same rules as all others. Arid again, thirty-two square feet is too large. Waiving,permit fees for these organizations would be appropriate, but they should follow the same rules as the general public. Section 3-10. Signs allowed with permits, in all districts. Page 9. (1)Temporary signs or banners. Comment: A requirement for removal of temporary signs or banners should be included. For example,"the temporary sign or banner must be removed within 48 hours after the event it is promoting." We are concerned, also, with political signs, which can tend to remain in place for a long time following an election. Page 9, (B) Requirement for insurance. Comment: I believe it's quite costly to add the County as an additional insured on insurance policies; since many of the temporary banners are with non-profit organizations, this might be an unnecessary burden. Would it be possible to instead just require proof of insurance submitted along with the request for the temporary sign, which should include a Count=,-prepured statement holding the County etc.free and harmless? Section 3-11, Page 10. Signs permitted in residential districts. Comment: Eight square feet is too large for a r esitutinnl district. We would propose six square feet,to avoid having our residential areas look like commercial areas. Section 3-12, Signs permitted in all other districts. Page 10. (A) One ground sign not exceeding thirty-two square feet in area... Comment: Thirty two feet is too large. Page 11, (2) (A) Marquee Sign_.two hundred and fifty square feet... Comment: Two hundred and fifty square feet is totally unacceptable. We would propose one hundred and fifty square feet as the aamaximuum allowed size, or fifteen percent, whichever is less. The proposed size, 250 square feet, is really a billboard, to which the Kona Outdoor Circle is opposed. Page 11, (3) Projecting Si.gn... Comment: Thirty-two square feet is too big. Additionally, we find the wording in this section confusing relative to"six s'ec-t sbn e the bis'-.,.est attachment point on the building or six feet above the lowest edge of the roof, \viaicliever is higher." This sounds like this allows signs extending sin-feet sbc b roof. We are opposed. Kona Outdoor Circle--Comments to Proposed Sign Ordinance Bill No. 280 8/17/98 Page 4/5 Page 11, (4) Roof Sign. Comment: If roof signs are to be permitted at all, thirty-two feet is too big. However, we would like further discussion as to whether roof signs are appropriate. Our initial take is that they are not needed. Page 11, (5) (B) Wall Sign. Comment: Thirty-two feet is too big. Page 12. (C) Wall Sign Comment: Two hundred and fifty feet of sign is a billboard. We propose 150 square feet maximum. Section 3-22 and 3-23. Variances: Comment: There should be a public comment period allowed/required for any variance requested. Division 7, Fees Page 17, Section 3-25, Disposition of Fees. (a)(2) F ines Comment: Is it possible for the violator to pay the cost of collection, so the entire fine can be devoted to the purpose for which it is ireended? If the cost of collection is to be deducted from fees for the use of the county,lion, is that to be determined? Division 9. Location Specifications. Page 19, Section 3-33, Height above buildings Comment: This is confusingly-worded, but sounds like signs are permitted to extend six feet above buildings. That doesn't seem right. We would suggest that this be clarified, and that if roof signs are permitted at all (which we question), they not be permitted to extend that high above the roofline. Division 11. Noncomforming Signs. Page 20, Section 3-35. Comment: There must be a time limit in which a. no ncomforming sign must be made to come into conformance. Even if it was erected under preciously-existing regulations, it must be brought into compliance after a reasonable time period. Perhaps there's a standard amortization period for suns which could be considered. Kona Outdoor Circle--Comments to Proposed Sign Ordinance Bill No. 280 8/17/98 Page 5/; Division 12. Violations, Enforcement, Penalty. Page 20-21. Enforcement. Comment: The current complaint is that the Chief Engineer has not been given the manpower to enforce this provision. Therefore,those who willfully violate the sign ordinances do so knowing there is little chance they'll have to make a change. The ideal would be to assign County employees to enforce the rules,but we suspect that money is Iacking to add personnel for this function. We would suggest that perhaps a volunteer committee could serve as an adjunct to,under the auspices of, the County in finding Violators and helping enforce the law. We believe that there are people in the County who might be willing to serve for a specified period of time for a specified area--certainly that seems to be true for the Kona area. Page 21, Section 3-38: Penalty: fee not exceedinc 5500... Comment: Fee should be more clearly delineated. Who judges if it is$500 or less? We feel it should be$500, which should hep encourage compliance. Also,how is it then enforced?Would it be possible to make this a GE tax compliance issue, or • have some way to collect/place a lien to ensure compliance ? Section 3-62, Variances for Kailua Village Signs Page 24 ..the planning director may grant a variance__ Comment: Variances should only be able to be granted by the Hawaii County Council,in compliance with Division 6, Section 3-22, Variances, as per page 15 of this document. No one individual should be burdened e'ith that kind of responsibility, nor given that kind of poaoe�r. Public input should be requested for any variance. Page 24, Section 6. The ordinance shall take effect si . months after adoption. Comment: This ordinance should take effect the day of adoption. There is a provision already here for"grandfathered"signs. Giving an additional six months just gives more opportunity for spirit and letter violation. Respectfully submitted, Vvrlif4. ET4ded Sherry L. Bracken Kona Outdoor Circle Sian Committee Ch2ir_nan