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HomeMy WebLinkAboutCOM 0454.009 1996-1998 ~/{i~~~ s oJ.; • ,.byi art ~OF N~~ i ~ _ J('LV v.. i, U V lJ C~~~~v. . ? December 31, 1997 TO: Council Members FROM: Connie Kiriu, Leg~ive Auditor RE: Resolution No. 148-97, Draft 3 Relating to the Sign Code Pursuant to Resolution No. 148-97, Draft 3, an extensive review of chapter 3 relating to Advertising and Signs was commenced in September of 1997. The products of this research, two discussion draft bills with accompanying background material, aze offered for your consideration. It is our hope that they will serve as a starting point for future Council consideration of the County's sign law. The first discussion draft proposes amendments to the law which seek to make it easier to implement, clearer, and more understandable. The second discussion draft proposes creation of a public works administrative appeals board to hear appeals of actions taken by the Chief Engineer relating to this chapter and others which are not within the jurisdiction of the Board of Appeals. The proposed changes contained in these drafts represent an attempt to improve the County's ability to implement its sign law through changes in the law rather than through measures that would necessitate additional personnel. This approach was taken in recognition of the lack of personnel and resources that presently handicaps the Building Division in its present charge to enforce the law. The following background information is attached to provide you with the history of these discussion drafts. Attached are the following: 1. Resolution No. 148-97, Draft 3; 2. Project Proposal; 3. Summazies of oral comments received during four public meetings held on this topic; 4. Written comments from the public and county agencies; Yq R71® loo. _ .~~w d_'v County Council Members Page Two 5. Summaries of research conducted on this matter including: list of sign ordinances from other counties referred to, findings resulting from a review of Council actions on sign variance applications, and legal opinions; and 6. A synthesis of major comments and suggestions received during the public input phase of this project. The following individuals contributed to the preparation of these draft bills on behalf of their Departments: Gerald Takase of the Corporation Counsel's Office, who was responsible for assuring that the drafts were in compliance with legal and constitutional standards; Stanley Takemura and Wayne Onomura from the Department of Public Work's Building Division who were responsible to assure that the approaches reflected in the bill can be effectively implemented; and Susan Caseria, Leslie Chow, Charmaine Doran, and Connie Kiriu from the Legislative Auditors Office who were responsible for researching the issue, conducting the public meetings, and drafting the bills. We estimate that approximately 800 hours of staff time have been invested in this project since its initiation in September of 1997. Auditor's Office staff alone have contributed roughly 648 hours towards this total investment of time. Copies of these materials have also been provided to the Mayor, the Chief Engineer, and the Planning Director for their review. Due to the complexity of this issue and the evolving nature of these discussion drafts, the participation of the staff from these Departments on this project should not be taken to reflect Departmental endorsement of any of the proposals contained in these drafts. Ic Note: Large attactment is on file in the Clerk's Office. Resolution No. 148-97 Draft 3 s COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. t ~ $ 97 (DRAFT 3) A RESOLUTION REQUESTING THAT THE DEPARTMENT OF PUBLIC WORKS- BUII,DINGDIVISION, THE PLANNING DEPARTMENT, THE OFFICE OF THE CORPORATION COUNSEL AND THE LEGISLATIVE AUDITOR'S OFFICE CONDUCT A REVIEW OF CHAPTER 3, RELATING TO ADVERTISING AND SIGNS, OF THE HAWAII COUNTY CODE. WHEREAS, Chapter 3 of the Hawaii County Code, relating to Advertising and Signs, was adopted in 1983; and WHEREAS, since then, it has become evident that the sign requirements outlined in this Chapter of the Hawati County Code are unclear, confusing and ineffective in regulating the construction and erection of signs within our County; and WHEREAS, this ineffectiveness is highlighted at times when sign variances have come before the Council for approval and raised questions as to the practical application of Chapter 3 within our County; and WHEREAS, the Corporation Counsel, in letters dated July 31, 1997 and May 23, 1996, confirmed the ineffectiveness of this chapter by refemng to Chapter 3 as unenforceable and possibly unconstitutional. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY HAWAII that it recognizes the need to revise Chapter 3 of the Hawaii County, Code, relating to Advertising and Signs, for further clarification, effectiveness and enforcement; and BE IT FURTHER RESOLVED that the Council requests that the Department of Public Works-Building Division, the Office of the Corporation Counsel and the Legislative Auditor's Office assign a representative to serve on a task force charged with conducting a review of Chapter 3, relating to Advertising and Signs. BE IT FURTHER RESOLVED that this multi-agency task force develop a preliminary draft bill which seeks to clarify and address at a minimum the following areas of concern: 1. Definitions 2. Sign permit and variance process 3. Enforcement of the sign code 4. Constitutionality ofthe sign code 5. Continuity between sign regulations set out in Special Districts BE IT FURTHER RESOLVED that the proposed measure(s) be forwarded to the Council by December 31, 1997. BE IT FINALLY RESOLVED that the Council requests the Clerk transmit copies of this resolution to Donna Kiyosaki, Chief Engineer, Public Works Department; Wayne Onomura, Building Division Chief; Virginia Goldstein, Planning Director; Planning Department; Richard Wurdeman, Corporation Counsel; the Honorable Stephen K .Yamashiro, Mayor County of Hawaii and Connie Kiriu, Legislative Auditor. Dated at Hilo, Hawaii, this 17th day of Seotenber , 1997. R DUCED BY: C ER, UNT HAWAII COUNTY COUNCII. ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii A~Aq x CfIUNC X 1 hereby certify that the foregoing RESOLUTION wa by the LEITHEAI}TODD X vote indicated to the right hercot adoptcd by the COUNCQ. of the ~Y County of Hawaii on Septenber 17, 1997 X REYNOLDS X ATTEST: sANrANCELO X SMITH X 1YLER X YAGONC X 9 0 0 0 Reference C-454.03 n r/ COUNTY CLERK CHAIRMAiY & PttESH)ING OFFICER RESOWTION NO. ~ ~ ~ ( (DRAFT' 3 ) Project Proposal Chapter 3 Revision ~Y Of N OJT,..... 1y1 ,R 7r! Ui .N'~I Revision of Chapter 3, Hawaii County Code, Relating to Advertising and Signs Project Proposal Discussion Draft: September 29, 1997 *Subject to Cl:ange* I. Background The objective of this process is to develop a draft sign code bill that will have the following characteristics: 1. It complies with constitutional and legal standards; 2. It can be effectively implemented; 3. It is clear and understandable; and 4. It addresses concerns and issues in a manner which seeks to strike a judicious balance between competing interests and concerns and assists in establishing policies. II. Task force Member Pursuant to Resolution No. 148-97, Draft 3, which was adopted by the County Council on September 17, 1997, the task force will be composed of representatives from the Corporation Counsel's Office, the Department of Public Works, the Planning Department, and the Legislative Auditor's Office. Their primary responsibilities will be as follows: A. Assure compliance with constitutional and legal standards -Office of the Corporation Counsel (CC); B. Assure that approaches reflected in the bill can be effectively implemented - Department of Public Works (DPW) and the Planning Department (PD); C. Assure that the bill is clear and understandable -Legislative Auditor's (LA) Office; and D. Draft a bill that addresses concerns and issues in a manner which seeks to strike a judicious balance between competing interests and concerns and assists in establishing policies -All task force members. Proposal September 29, 1997 Page Two III. Record The LA's office will maintain a record of written materials that will be transmitted to the Council and made available to the public as background information on the bill. This record will include but not be limited to items such as: task force meeting notes, notes from public meetings, comments from task force members, synopsis of problems/concerns, and solutions. IV. Calendar A. Research Phase -September 18 through October 31 1997 During this phase the task force will conduct the following tasks: I. Receive public input on the existing sign code and the regulation of sigtrs• and advertlsittg in general; 2. Receive input from county agencies through in-house meetings, site inspections, and written comments; 3. Research the regulatory approaches taken by the State of Hawaii irr general and the State Department of Transportaliatt in particular; 4. Research the regulatory approaches taken by some of the other states and counties; 5. Research the Cmnrcil's history of variance actions; and 6. Keseareh the applicable law, seekgtridanee from the Corporation Counsel's office. p~lg Activity 9-29 (Mon.) 9 am -Task force meeting - LA's Conference Room Agenda: Project proposal revisions, agendas for public meetings, site visits, CC opinion summary, assign who will do research on laws/approaches taken by other states/counties, assign other tasks, confirm next meeting date and time 9-29 (Mon.) Request comments from DPW, CC, PD 10-1 (Wed.) Public comment period begins Send out press releases, etc. Proposal September 29, 1997 Page Three p~ A i i 10-3 (Fri.) Kona building inspectors meeting Attend meeting -drive-by site visits 10-6 (Week) Additional site visits with inspectors 10-8 (Wed.) Comments from DPW, CC, PD due 10-10 (Fri.) 9 am -Task force meeting (Facilitator attend) Agenda: Review and discuss comments, finalize agendas and plans for public meetings, identify outstanding legal questions and transmit to CC for response, discuss laws/approaches taken by the StatelDept. of Transportation, Council variance action update, confirm next meeting date and time 10-16 (Thurs.) Waimea public input meeting 7:00 to 9:00 pm -State Civic Center (LA type up meeting notes) 10-20 (Mon.) Hilo public input meeting 7:00 to 9:00 pm -County Council Room (DPW type up meeting notes) 10-21 (Tues.) Kona public input meeting 7:00 to 9:00 pm - Kahakai Elementary School (LA type up meeting notes) 10-23 (Thurs.) Naalehu public input meeting Site visit preceding meeting 7:00 to 9:00 pm -Naalehu Club House (LA type up meeting notes) 10-31 (Fri.) All meeting notes completed and submitted to LA Proposal September 29, 1997 Page Four B Data Analvsic Phase -November 1 through November 30 1997 During this phase the task force will carduct the following tasks: Identify and compile problem, concerns, and issues; 2. Identify and compile corresponding solutiais and respaises; and 3. Formulate .rolutior7s and responses to be incorporated in the draft bill. Date Ac ivit I 1-3 (Mon.) 9 am -Task force meeting Agenda: Discuss public input meetings -review notes, confirm next meeting date and time 11-17 (Mon.) 9 am to 12 noon -Task force meeting Agenda: Review compilation of problems/concerns/issues and corresponding solutions/responses that integrates public input and staff research 12-2 (Tues.) If there are any unresolved policy issues, seek guidance from the Council regarding how to address in draft bill. (Committee agenda deadline 11-20) Bill Draftine Phase - Decem er 2 through December 31 1997 During this phase the task force will conduct the following tasks: 1. Draft a preliminary version of the bill; and 2. Submit the bill to the Council for review and cw7sideration. T'urther public comment can be received during the Council's consideration of the matter. Date Ac ivi 12-5 (Fri.) 9 am to 12 noon -Task force meeting Agenda: Discuss drafting bill 12-17 (Wed.) 9 am to 12 noon -Task force meeting Agenda: Finalize bill -draft transmittal from task force to Council Research: Public Comments -Oral JHiV Oi ry.~ + 00.• 1,i DONALD IKEDA ALAN S. KONISHI County C/rrk ,~~.2~.~._.: Urpury Cuunry Clrrk ~i1S•- Iri 0i•Mii' _ CONSTANCE R. RIRIU OFFICE OF `FHE COUI~`FY CLERK Lrgis(ative Auduor County of Huuaii Hauaii County Buitting Zi Aupuni $trnt Hrb, Hawaii 96720 December 23, 1997 Dear Interested Person: Thank you for your interest in our efforts to revise the County of Hawaii's sign law. We have completed our summaries of the oral comments received during the four public meetings held in October and, as promised, have attached a copy for your information. These oral comments received during our meetings in Waimea, Hilo, Kona, and Naalehu, as well as the written comments we received, have provided an overview of the perceived strengths and weaknesses of the existing sign law. This input, in addition to our research regarding other municipal sign laws, the history of variance requests, and the relevant legal considerations, has helped to shape the preliminary draft bill that we are working on now. This bill will be submitted to the Council for its consideration. The Council has asked us to complete this task by December 31, 1997. The Council will then determine how to proceed. Thank you again for your interest and comments. Sincerely, ~'C')u1~.4 ~~l.lli~-,~ Connie Kiriu Legislative Auditor Encl. Meeting Notes Hawaii County Sign Code Task Force Waimea Public Input Meeting Waimea Civic Center October 16, 1997 Meeting Notes Attendance Alexandria Bernstein Zander and Kitty Budge Robert Chancey Bill and Patti Cook Anne E. Field-Gomes Tooty Hager Carol Hendricks A.D.Johnson Kathrin Kohler Deborah Swanson Jackie Wright Council Member John Ray Task Force Representatives: Department of Public Works: Kiran Emler Legislative Auditor's Office: Connie Kiriu, Leslie Chow Office of the Corporation Counsel: Gerald Takase Facilitator: Maya Dorne 1 GENERAL SUMMARY A. The County sign code could be improved. Some suggestions: I) It should be simplified by shortening it and using simple language. 2) It should be accompanied by a supplement that has explanations and graphics. 3) It should be more widely disseminated, particularly to sign companies, community groups, and agencies. 4) More enforcement of the sign law is needed. 5) The variance process should be clarified and explained. B. In addition, participants in this discussion indicated that they would like to have community established design guidelines. Some suggestions: 1) These guidelines should be under the County Code. 2) They should be made available in brochure form to the community in general and to newcomers in particular as part of a "welcome to the community" outreach effort. 3) These guidelines should apply to Waimea only. 4) Participants were unclear as to whether they felt that these guidelines should be enforceable or serve as suggestions only. C. Three major themes emerged during the discussion: 1) The sign code should be rewritten in clearer language to make it more understandable. 2) There is a need for more community education about the sign code as people are not aware about it. 3) The code should be enforced. 2 SUMMARY OF COMMENTS The Function of Signc Identify Businesses and Destinations • For businesses that are setback from the road, without a sandwich board sign how will people know that they're there? Even the community may not be aware of changes in ownership, etc. And for those who are driving by, they may not notice them at all. • The existing code limits the ability of small business owners who need exposure and depend on drive-by traffic. Certain businesses depend on drive-by, spontaneous tourist or local business. If they don't have this visibility they can't survive. Publicize Events • The community needs a central place to post small signs which advertise community events - a centrally located kiosk was suggested. • Community needs to advertise events where they will occur. Signs for Identification vs. Advertising • Resolution of a lot of issues relating to how many signs and size of signs that should be allowed depends on direction we want the sign code to take: Do we want signs for identification or advertising? This basic differentiation affects how want to treat size and location of signs. • Signs for advertising are different from signs for identification. A lot of retailers don't understand this differentiation -they think that their signage is there to advertise specials, etc. and want to include dissertations along with their identification -this affects size of signs. • Most people want signs for identification. 3 The Sign Code• Clarity and Content Clarity of the Code • The code should be written in simple language. What is a sign? • What is a sign? Is a giant malasada a sign? • Definitions should also include aerial advertising, billboards and how they differ from murals, permanent banners, and sandwich boards. Number and .Size of Signs • Sec. 3-25 of code is confusing. "Where any building, lot, or parcel of land is adjacent to two or more streets, the number of signs permitted for each business on each building, lot, or parcel of land shall be increased by the number of adjacent streets..." What does this mean? • Sections 3-26, 3-28, 3-29. Does this mean that you are allowed one sign if you are in a residential district, 3 signs if you are in a resort district, and 5 signs if you are in a commercial district? • There should be some correlation between the size of the sign and the size of the property. Example: Should a small 5 or 6,000 sf parcel with a single business entity have the same size sign as a commercial center on an acre with 20 tenants. Presently everything is equal - code doesn't address the needs of the individual property. • How do you define the size of a sign? Visual Considerations • Signs are an aesthetic issue, everybody's here because they're concerned about what this town or the whole island would look like if everybody had free reign re. signage. • Example of a business in town with 8 or 10 signs cited as worst case scenario -this is really distracting for those driving down the street. • Too many signs results in too much confusion. 4 The Sign Code Clarity and Content Visual Considerations (continued) • There are too many signs in Waimea, it is very confusing. • A proliferation of signs is confusing to motorists. • Issue of street signage for businesses is largely an aesthetic issue - if there is some continuity in business signage, then not as offensive to community. • Consistency in signage: per property and overall would be good. A village design which allows some variation for different properties would be desirable. • Continuity in color, style, etc. of signs so that it blends with the building and architecture and surroundings would be desirable. • Optimal fonts could be suggested to promote readability. Community Concerns and Preferences • Want some additional input into signage in their community by establishing community guidelines. • How would adoption of Waimea community design plan affect the sign ordinance? If adopted by resolution, design plan will not have force and effect of law. • Guidelines suggested by the community for signage in Waimea should reflect a village feel. • Who can speak for the "community"? The Waimea Community Association or Waimea Main Street are good contacts. • Not sure that would like this group to tell me what my signs should look like. • Where does Waimea begin and end? What if entire county does not want the same style as Waimea? • Business people for the most part are going to be more sensitive to what the people in the community feel because they don't want to get anybody upset - or they're not going to patronize their business. It's better that the community have the input and help the business people say, "this is what we want." This should be part of an information sharing process. This has worked in Chinatown, Honolulu. 5 The ign Code: Clarity and Content Shopping Centers • Re. Regional shopping centers -tenants don't buy the notion that most people will look for the name of the center, not necessarily the name of the individual business. Doesn't mean that large centers should be allowed 100 signs but for small centers with 5 or 6 tenants... The code should allow fair exposure for retailers. • Parker Square cited as an example of how to afford street signage for its shops which is not obnoxious. • Street signs listing names of all of the businesses -may not be effective because not visible to motorists. • Businesses in retail strip centers are more identified by the center itself. When get into the center each shop has its own onsite signs. Usually larger centers have advertising program. • In some historic areas in the mainland where a design board comes up with a sign that is minimally acceptable to everyone and when the shopping center goes in they put up a sign board that contains the names of the businesses in a fashion that is legible, no fancy printing, so can read at a glance. Miscellaneous • Is there a state law with which the County has to comply? Answer: State outdoor advertising law -deals mostly with bill boards. County given jurisdiction to regulate - county law can't be in conflict with state law but not really a problem because state jurisdiction is limited. • It is hard to know if the code is good or bad if there is no enforcement. • Basically the sign code is fine. It just needs to be updated (things have changed since 1983), clarified, and enforced. • Should the code address signs which are mounted inside of store windows? • What about murals, community signs, "Welcome to Waimea." • Political signs should be reviewed. 6 The iPn Code: Implementation Issu c Puhlic Understanding and Awareness of the Sign Code • There is lack of public awareness that the sign code exists. Developers have some awareness but often tenants do not know that there is a sign code. Where can I put my sign is one of the biggest questions tenants ask when negotiating their leases because people in off-street locations need visibility. • 50% of the people who have illegal signs around town are not aware that their signs are illegal. If they knew, they would try to do something about it. • Government is too over regulated -there are too many permits, too many processes. It is so confusing. • Provide an outline which summarizes the applicable law for people, depending on what zone they are in. For example, if you are in a commercial district, you are entitled to one marquee sign, one ground sign, one wall sign, etc. If people want to know more, they can refer to the full document. • A document which contains explanatory language and graphics to accompany the code should be made available to people early on. Sign companies should be given this information. • This information should be made available to businesses before they invest in their signage. • This could be made available through a community welcome wagon effort for new businesses also. Slgnage Review Process • In many communities with effective sign programs, signage is put through a review process before they get their permits. Unlike here, they can't get their signs constructed before they pass through this process. 7 The Sign Code' Implementation Issues Enforcement of the Sign Code • Currently there is inadequate enforcement. A commitment to enforcement must be made to any ordinance once it is adopted. • Outdoor Circle inventories signs that are illegal and sends the list (with TMK numbers) to Hilo. There has been no resulting enforcement action that they are aware of. • There is a problem with temporary signs that become permanent. There is a lack of enforcement. • If the code is revised will the County issue warrants or enforce it? • Regarding all of the suggestions that are brought up, question is how will they be enforced. • There is a lack of enforcement on zoning issues and the building code as well. Where does the County or the taxpayers allocate their resources on a priority basis? Do we all want to pay higher taxes so more inspectors can be checking on signs or is it more important that there be enforcement re. zoning violations and things like that? • There are examples of places where tourism is one of the number one industries and there are many more businesses in small towns like Waimea and they have come up with sign programs that have resulted in attractive signage. There is a real difference in enforcement in these communities. • Can the onus be put upon the owner or lessee to comply with the sign code? • Can the developer be required to come up with a signage program that the retail center must abide with? Presently, no one really has control over signs, even the owners. Tenants would be mandated to comply with developer's program and developer would have to comply with the county's law. • If the sign code was simple and clear and worked there wouldn't be a need for any enforcement. 8 The Sign Code: Implementation Issues Variances from the SiKn Code • Variance provisions should specify how and why a variance will be granted. Variances should be some set proportion of the total number of applications for hardship, like 5%, otherwise if the number is higher, like 50% then something is wrong. • Interpretation of sec. 3-5 is too broad. An advisory committee should be established representing the private sector, and appointed by the Council whose purpose would be to review all sign applications and variance requests for new construction and existing buildings. 9 Hawaii County Sign Code Task Force Hilo Public Input Meeting Hawaii County Building October 20, 1997 Meeting Notes Attendance John Campbell Council Members: James Arakaki Bobby Jean Leithead-Todd John Santangelo Al Smith Curtis Tyler Task Force Representatives: Department of Public Works: Wayne Onomura, Jai Ho Cheng, Stanley Takemura Legislative Auditor's Office: Connie Kiriu, Leslie Chow, Charmaine Doran Facilitator: Maya Dorne 1 GENERAL SUMMARY A. Signs fulfill a vital function. Businesses and destinations that are located off of the main travel way are dependent upon signs to draw visitors to their establishments. The lack of adequate signage results in lost business. B. The following suggestions were offered: 1) The sign code should have a purpose section. 2) The sign code should be user friendly. 3) The sign code should strive to achieve some sort of balance between the needs for signs and community preferences. 4) Sign districts should be looked into as a means to accommodate the unique situations of different communities. 5) We should research how communities similar to ours regulate signs. 6) Different agencies are responsible for implementation of the sign ordinance. This includes: review of permit and variance applications, enforcement, etc. This shazing of responsibility causes confusion and should be remedied. 2 SUMMARY OF COMMENTS The Function of Sign Identify Businesses and Destinations • Although they are amulti-million dollar visitor attraction, because they are located on a side road off of Highway 11, tourists as well as local residents have trouble locating the Nani Mau Gardens. Tourists have passed the Gardens and called for directions from as far away as Naalehu. The operators of the Gardens believe that they could be attracting far more visitors a year, if they were allowed to post directional signs on the highway. • "A business with no sign is a sign of no business." The County should take into consideration the signage needs of multi-million dollar attractions. • Adequate signage is important because many tourists will not turn around to return to a destination once they pass it. • For businesses located off of the main road, it doesn't matter how big the signs on their buildings are. Unless someone knows what street to turn off on, they are not going to find you. Signs for Identification vs. Advertising • Some signs not only communicate a name but also the nature of the service. 3 The Sign Code• Clarity and ('ontent Clarity of the Sign Code • The code should be user friendly. We should "keep it simple." Objective of the Sign Code • Like any ordinance the original sign code had a purpose. It grew out of a desire to keep billboards out and to keep Hawaii natural and beautiful. We need a purpose for the present sign code. • The struggle is to find the middle road - to balance the need to advertise business with community preferences. What is a sign? • Concern expressed regarding a large balloon suspended over a local business. The balloon "sign" is far over-sized compared to signs of other businesses. Number and Size of Signs • Sounds like business people are saying that they don't have enough signage or the signage they have is not good enough. Others are saying that there are too many signs -primarily temporary banners, sandwich boards, etc. • Need to treat small signs differently from billboards. • The standard size of letters on Hawaii Visitors Bureau signs is 3/4 of an inch. These letters are not visible to motorists driving by at 55 mph. • Signs that are too small are a traffic safety problem. People end up braking and swerving because lettering is too small. 4 The Sign Code' Clarity and ('~ntPnr Community Concerns and Preferences • One of the solutions might be the creation of sign districts. The State highway could be a district. In defining a district, we are looking for what's applicable in one area and not in another and in a highway we're all affected the same way. • Concern expressed about the fairness and even-handedness of local design groups. They can become slanted towards particular special interests. The question is, how do you create a local design group that is representative and that promotes consensus among the group? • The Borders Sign in Kailua-Kona was not constructed to its full allowable size. The developer elected to reduce the sign size in response to community concerns. Miscellaneous • Are there communities similar to ours that have struggled with this issue that we can learn from regazding structure, process? • The county does not govern what occurs on state lands or Hawaiian Homes. • The county should support and promote "quality" tourist destinations. 5 The Sign Code: Implementation Ic ues Public Understanding and Awareness of the Sign Code • Although business is necessary to our economy, the government bureaucracy is daunting to many business people. Has any community ever defined easily accessible parameters about what's allowed? Enforcement of the Sign Code • In Kailua Village the sign code is implemented and enforced by the Planning Department. In other areas, it is enforced by the Building Department. There are different agencies granting the permits and different agencies enforcing the law. This can result in different standards being imposed, is confusing to the public, and needs to be straightened out. Variances from the Sign Code • Most sign variance requests seem to involve the size of the lettering on the signs -don't get involved in the "art" of the signs -most of these signs are tasteful and a lot of work and expense went into them. 6 s Hawaii County Sign Code Task Force Kona Public Input Meeting Kahakai Elementary School October 21, 1997 Meeting Notes Attendance Marie Aguilar Leslie K. Laird Douglas Arnold Nick Lucas Larry Boot Mary Lou Maberry Sherry Bracken Bob O'Meaza W. Close Diana Nui Frances Cloud Dinah Osborne Robert Corsair Van Rozay Terry Dunlap Nita and David Shaw John Granahan Peahi Spencer Kelly Greenwell Curt Tyler, Jr. Marni Herkes Dianne Weitzel Tory Holland Cindy Whittemore Moana Roy Kuna Rick Wilson Council Members: Aaron Chung Bobby Jean Leithead-Todd John Ray Joe Reynolds John Santangelo Al Smith Curtis Tyler Dominic Yagong Task Force Representatives: Department of Public Works: Stanley Takemura, Kiran Emler Legislative Auditor's Office: Connie Kiriu, Leslie Chow Office of the Corporation Counsel: Gerald Takase Planning Department: Royden Yamasato Facilitator: Maya Dorne 1 r GENERAL SUMMARY A. Signs fulfill a vital function: 1) This is a difficult economic time for many businesses. 2) Signs are crucial to the survival of many businesses, particularly those which are not visible from a major travel way. 3) Many businesses consider signs to be a vital and affordable means of advertising. B. The following suggestions about how to improve the County's sign law were offered: 1) The sign law should be clear and easy to understand. 2) Accompanying guidelines and graphics or other materials to help make the law understandable should be widely available. An objective is to enable businesses and others who post signs to know what the law is before they invest in their signs. 3) This law should be implemented consistently and enforced. 4) To facilitate enforcement of the law, landlords and developers should share in the responsibility for compliance with the sign code. C. In addition, the following comments about the visual aspects of signs and community concerns were offered: I) Some participants stated a preference for signage that promotes a uniform theme and is visually consistent in style and size. The kahili signs employed in the late 1940s and 1950s were cited as an example of a desirable approach to signage. 2) With the entrance of some large new retailers into the community, strong sentiments were expressed that sign regulations should be applied uniformly to large as well as small businesses. 3) Participants noted that the character of signage in their neighborhood reflects the values of the community. The question was posed, "what values do we want to reflect?" 4) The existence of different opinions/perspectives on this issue was acknowledged. The question was raised as to how residents might come together on this in order to work towards some common community values. They noted the need to listen to each other. 2 SUMMARY OF COMMENTS The Function of ig~ Identify Businesses and Destinations • Businesses that are not visible from a highly traveled area need visible signs to direct customers to their businesses. • We're all struggling economically, businesses need visible signs. • Need something to direct people how to get to stores but the sandwich boards don't do it. Need something that is permanent, uniform, and clustered. • Sandwich sign boards aze vital to some businesses. There are some businesses that are way in a corner and they will suffer severely without a way to publicize their businesses. These are businesses that need help. These are tough economic times - we need to think about business survival too. If we can make things beautiful and attractive to draw visitors to downtown, great, but please consider all the businesses that need to survive. • In communities like Carmel, businesses recognize the value to them to have an attractive community. Signage is an important visual aspect of the message that a business sends. This is always difficult to sell to the business community. • Suggestion: publish an 8 x 12 inch map of Kona businesses -don't know if this will work. • Suggestion: publish afold-out business directory that lists Kona businesses. Puhlicize Events • For the last week Kona has been inundated with banners. We accept this for two weeks out of the year because we understand that this has some economic value to the community but we also understand that this has to be temporary. There is not a long term value to these banners. Signs for Identification vs. Advertising • In high traffic/visibility areas, signs should be for identification and not advertising purposes. • Signs should be to tell people where a business is only. • The 1940s and 1950s were times of the greatest growth of the century. We're in a time of the worst growth of the century. Bankruptcies are already 20% greater this year than last. For working people who are trying to make a living, the cheapest way to advertise is to place a sign in front of your business. • Businesses pay a higher price to locate themselves in more visible and populated areas. 3 The Sign Code: Clarity and Cnntrnr Clarity of the Sign Code • The sign code is fairly easy to read. There are some things that need to be fixed like the provisions regarding mansard roofs. • Plain language law with accompanying graphics would be desirable. • It can be real divisive if it isn't really clear what kinds of signage are allowed. Objective of the Sign Code • Need preamble to the sign code which expresses why doing this and what the rationale for the law is. • Need to identify what businesses need and what community wants and try to bring the two together. • The objective of the sign code should be to facilitate community values rather than put up road blocks. What is a sign? • Would like to see placing products on roofs or exteriors of buildings (as advertising) prohibited. There seems to be a loop-hole in the law now. • Favorite sign is the impatiens growing in front of the Makalei Country Club. Can always find the golf course because can find the flowers. There are different kinds of signage there are different things that can be done besides posting banners. • We don't need the window displays, this is another form of signage. Number and Size of Signs • There are too many signs for one place. • In high traffic/visibility areas, signs should be small but readable by people with normal vision. • If we go to the store once, we know where it is. We don't need a big garish sign that the store is there. 4 The Sign Code' Clarity and Content Number and Size of Signs (Continued) • Signs should be uniform in size. Just because you're a bigger store doesn't mean that you need a bigger sign. • The sign code should treat large and small businesses fairly and equally (re. number and size of signs allowed). Visual Considerations • In the late 1940s and 1950s the kahili signs were born. They were beautiful signs, brown and yellow, typical Hawaiian colors. • The sign code should contain consistent standards that promote a theme. • It would be more effective for businesses to cluster or group their signs -make them more uniform. • Uniformity in signs is desirable. The kahili ginger signs were creative and beautiful. • The Outdoor Circle has successfully accomplished its original agenda to prohibit neons, billboards, and trailer parks. • Businesses try to be tasteful - we all abhor garish signs. • Local restaurant cited as classic example of what's wrong with what's going on -there's a sign outside advertising a sandwich, a sign that they're hiring inside. We don't need this. • The signage situation has gotten out of control because businesses are trying to get one step above other businesses. Community Concerns and Preferences • Signage in your town reflects your community values. An example of success in Kailua is the MacDonald's restaurant sign which has no golden arches. Some gas stations have also reduced the size of their signs. • What community values do we want to reflect to the rest of the world? • The reflection of community values is superficial by nature. 5 The Sign Code: Clarity and Content Community Concerns and Preferences (Continued) • Our community values are in jeopardy. We should not be dictated to by mainland corporations in determining our sign standards. • Signs reflect who we are as a community. • We can pass all the ordinances we want but unless the individuals who are in business accept the fact that Kona is a very special place and that we want to keep it that way, it won't matter. • We can go into a store and let them know our preferences regarding their signs. • Banners and garishness associated with used car lots is not appropriate. This doesn't sell cars. Let them know that we won't patronize them because of this. • Effectiveness of consumer pressure may vary depending on whether the major source of revenue is from tourists or residents. • Issue: will businesses work with the community to reflect local values? • Community sensitive signing practices by businesses lead to customer loyalty. • Will we have separate sign zones? For example, for industrial zones. • We're one island but we're not one town. Communities vary, perhaps they should have individual guidelines. Need to define boundaries of separate communities. A "master" solution failed. Shopping Centers • Would hate to see 500 little signs at the intersections denoting where to turn to get to the stores. • Suggestion: Signs on rock walls denoting the name of the shopping center and in smaller letters which are still visible from afar, a listing of the shops within the shopping center. • Suggestion: practical directory signs that list all of the businesses. 6 The ign Code: Clarity and Content Miscellaneous • Banners: Could language be incorporated into the code re. banners? Should restrict size, the place where they can be placed, length of time allowed, and enforcement. • Banners: Temporary Banners are appropriate as long as they conform with the ordinance, prior approval is received, and the banners are taken down within a reasonable period of time after the event. For example, banners publicizing the Ironman and the Aloha Theatre. • Permanence: Looking for permanence in signs rather than temporary banners and sandwich board signs. • Permanence: Signs should be permanent. • If roof is 7 feet above the ground, sec. 3-74(a)(4) of the sign code prohibits placing a projecting sign and sec. 3-75(a)(2) prohibits placing a sign on the roof. This is untenable. • Sandwich board signs should be outlawed because they all have their depicted advertising and location -cannot promote uniformity and tastefulness. The same with small signs. • If want uniformity, need agreement with the State and the Department of Hawaiian Homelands. They sometimes say they're not governed by county law. Different laws apply if on county, state, or DHHL land. Need state and county agreement to abide by the same law. • Other Communities: There are communities where people love to visit and shop that have successfully implemented sign laws. For example, Carmel, Mendocino, Palos Verdes Estates, aze we looking at their sign ordinances? • Other Communities: Vermont, Massachusetts, Mendocino, Carmel are examples of communities that have tasteful signs. 7 The Sign Cade• Implementation Issuec Puhlic Understanding and Awareness of the Sign Code • The code should be clear and implemented consistently enough so that everyone can interpret it. • Landlords and small business owners need to have the same information (about what is allowed). • Information about what's allowed should be available at the beginning of the process: small businesses need to know what the rules are before they invest in their signs. • Information should be really easy to get. • Guidelines suggested. • Pamphlet would be desirable. (2) Enforcement of the Sign Code • Sign codes work when they're recognized by the community to have value and everybody follows the same ordinance. • Landlords and/or Developers should establish criteria for signs that conform to the code. They should be a part of the enforcement process. • Landlord has responsibility to enforce/comply with the law and to make the business successful within the letter of the law. • Landlords should share in responsibility for compliance -make them culpable for the compliance/non-compliance of their tenants. • Should have the authority to remove illegal banners/signs immediately. • A lag time/grace period to allow businesses to come into compliance with the law should be allowed. 8 The Sign Code: Implementation I suet Variances from the Sign Code • Maybe should consider whether we should even have variance provisions in the code. If there was uniformity maybe we wouldn't need a variance process. • Different bodies grant variances and enforce the code. This leads to abuse and inconsistency. The Council lacks expertise regarding the visual aspect of signage. The Planning Commission would be a preferable forum. Miscellaneous • The new concept at the Outdoor Circle is to tell people what they can do rather than what they can't do. They want to see a code that we can all live with. How we get together as a community is going to be what we're doing here. It's a good idea that we battle with each other but it's also a very good idea that we listen to each other and come up with a solution because we are going downhill real fast. Part of it is we don't really look nice for the tourists anymore. So let's all try and understand that the sign ordinance is something that we all need to be involved in and it has to work for everyone. 9 Hawaii County Sign Code Task Force Naalehu Public Input Meeting Naalehu Club House October 23, 1997 Meeting Notes Attendance Israel D. Gorali Charles Sakamoto Task Force Representatives: Legislative Auditor's Office: Connie Kiriu, Leslie Chow, Charmaine Doran Facilitator: Maya Dorne 1 GENERAL SUMMARY A. Signs fulfill a vital function. 1) Tourists play a vital role in supporting many local businesses. The local population alone is not lazge enough to support restaurants and shops in many small communities. However, tourists are not able to locate our local restaurants and shops unless adequate signs inform them of their existence and location. 2) Signs that are big enough and appropriately placed are needed to support the local economy. B. The number and size of signs is important. 1) Attractive signs that identify the locations of attractions and businesses aze needed. This is particularly the case for businesses located off of the main highway. But too many signs are distracting to motorists and detract from the beauty and charm of the area. 2) The size of signs matters too. Signs that are too small are not visible. Signs that are too big, block and detract from the scenic views. 3) Each locale needs to be taken into consideration in determining the number and size of signs that should be allowed. Physical and geographical conditions affect the number and size of signs that are feasible. C. The sign code should seek to strike a balance. 1) Adequate signs are vital to attract the drive-by tourist traffic needed to support the local businesses of small communities like Naalehu. 2) Excessive or tasteless signage detracts from the beauty of our communities, does not promote tourism, and is a distraction to motorists. 3) The sign code should strike a balance that: a) Promotes adequate signage which supports local businesses; and b) Sets limits on what is allowed to preserve the beauty and charm of our communities. D. Stopping people from posting illegal signs, given our vast land azea, is difficult and costly. We need to identify ways to enforce the law. 2 u SUMMARY OF COMMENTS The Function of Sins Identify Businesses and Destinations • Naalehu does not have enough residents to support a shopping center like in Hilo. Attractive signs aze needed to draw in drive-by tourist traffic. Naalehu has many nice restaurants that a lot of people would stop at if they had decent signs. • There are not too many restaurants between Naalehu and Kealakekua. People have stopped and asked where they can get something to eat -even though there have been restaurants on both sides of the road. • The local population knows where the businesses are but it is not large enough to support local businesses. The local businesses need the drive-by tourist traffic to supplement the local trade. • Business owners would like to have signs that say, "Hey come on in," they have a restaurant or a grocery store, etc. • Signs have a direct bearing on the finances of small business. • For off-highway businesses, it would be tasteful to have maybe one good sized sign saying what is available, for example, food, gas (types of businesses). This sign shouldn't mention the names of the specific establishments. • We have a lot of beautiful sites that tourists want to go to. Why don't we invest the money to make them accessible to people, by improving roads and posting signs to let tourists know where they are. 3 The Sign Code: Clarity and Content Objective of the Sign Code • A skillful balance between business and visual considerations is required. Tasteless signs or too many signs detracts from the beauty and charm of the local communities that draws tourists to come and visit. Number and Siae of Signs • Too many signs on the highway is distracting to motorists. • There isn't really a problem now regarding too many signs but see a potential problem if there is a proliferation of signs. • What is too much? Billboards. Every shop with a sign on the highway. • Concerned about having too many signs. If we have a proliferation of signs like on the mainland, no one will want to come here. • The code needs to be uniform in the number of signs that it allows per business. • Business signs should be uniform in size for all businesses. Need to be consistent in regulating size regardless of whether dealing with a big business or a small businesses. • Size of signs should vary depending on whether in a commercial or a residential area. • If signs are too small, no one will see them. • Big signs block the scenic views. • The signs in the Naalehu area should be bigger to attract more people to stop. • If you go by too fast, you can miss seeing the signs that mark the Volcano and the Punaluu condos. This is why you need nice signs put up to mark attractions and businesses. Tourists will not stop if you don't have a decent sign. 4 The Sign Code: Clarity and Content Narmher and Size of Signs (Continued) • If all of the businesses off of the highway want a sign on the highway, and too many signs on the highway is distracting to motorists, how do you determine who will be allowed to have a sign? • Each locale needs to be taken into consideration in defining what should be allowed. Some areas have physical limitations/geography that would affect the size and number of signs that would be feasible. visual Cor7siderations • As long as we are a tourist economy we should try to take taste, a pleasing visual quality to our signs into consideration. • Signs should be attractive. • Non-neon signs aze preferred. The Sign Code: Implementation Issues Enforcement of the Sign Code • The first step is to get people to enforce the law. An example is the leash law, because there is no enforcement, people disregard the law. If doesn't matter how good a law is if there is no one to police it. • Need someone to police the sign law. Otherwise people leave temporary signs up permanently. • How do you get people to stop posting illegal signs? • In some areas of Hawaiian Ocean View Estates there are 10,000 one acre lots. Many people are operating businesses off of their properties and have posted signs. This is a vast azea - how do you police an area this large? • What is the budget for enforcement? • If the sign code changes, will existing signs on businesses be grandfathered in? 5 Research: Public Comments - Written / 1 3'C~,Pc c'7" ~s/,?Ess ..S'/G~/s P'/~c?.P.d.~"' S.xE c,,dF yl A~~ ~-.~r,~-,~ y ~e c`ESS.~.e~/ /cl~ry.FFu,C ,qua e.RVf~~.// ~.`fn~.~o/% flt"rrsC.4«Y F,(f-"~Si~/G ~-sa~~f;~y rN ~/9il7%fitL ~Y,.~i</.q it pTifE,('~viSE' i7` /S Tr~i4ssr. /~s:~f is a~?ov~<y ,¢,d ~yESo,Pe' urE r'lusT c~ry.,?rrrE. Ori/~~r~EC~t~,{'a~ri~E- ,Pa~lr/ri.~,( f1T-~ (/=.Poss:~or~-vs ~'c-:~~ i.~r/ /~PNi4 /S GI.t/C:'O~aSG'rE?1~i4~3<E: f 3'N~r ff~iY' t~J.EZ~it'if'~fssi+~/~•a i'"' %u ou,E' C?atit'.t/ua/i ry rF /~.C~ /~us'in/C3-sE-s FD<.ca«-v ~~ZrL~t./C:/ •r Na Leo Pohai The Public Policy Affiliate of The Outdoor' Cir'C!e October 14, 1997 On behalf of Na Leo Pohai, the public policy affiliate of The Outdoor Circle, the five Presidents of that organization on this island have come together to create a shared vision. We believe that our State Constitution says it best in Article XI-Sec. 3: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaz is natural beauty..." Consistent with that vision, and with The Outdoor Circle's long-standing commitment to the beautification of Hawaz i, we believe that more consideration must be given to the proposed sign ordinance revisions being considered by County Council. Upon our review of Resolution No. 148- 97, Chapter 3 Task Force on Advertising and Signs, we offer the following commenu: Generally, we agree with the County's sign ordinance as written. Resolution No. 148-97 calls for a multi-agency task force to develop a preliminary bill which seeks to clarify and address five items, at a minimum, of concern. We feel the following should also be included: 1. Definitions Should also include aerial advertising; definitions of billboards and how they differ from murals; permanent banners; and sandwich boazds. 2. Sign Permit and Variance Process Section 3-5 of the Sign Ordinance which deals with permits and variance requests is needed, but it seems that its interpretation is too broad. It is our belief that an advisory committee should be established representing the private sector, and appointed by the Council, whose purpose would be to review all sign applications and variance requests for new construction and existing buildings. 3. Enforcement of the Sign Code It appeazs that currently there is inadequate enforcement. A commitment to enforcement must be made to any ordinance once it is adopted. In addition to the above, we believe that while the sign ordinance is under discussion, poetical signs should be reviewed as well. Thank you for the opportunity to submit our input. We look forwazd to working in partnership with the Task Force in order to improve our sign ordinance. 1314 So. King St., Suite 306, Honolulu, Hawa'i 96814 i Phone (808) 593-0300, Fax 593-0525 dent Hilo Outdoor Cird® / Y 97 limah Strati President Ka'u Outdoor Circle /a Katy ,Preside Kona door Circle Rene Siracusa, President Puna Outdoor Circle v ro ~ 97 Kafhrin G. Kah 'dent Waimea Circle October 16, 1997 Good Evening, I'm Jackie Wright, a resident of Honolulu for 10 years and of Waimea for 7 years. I ask that the departments and offices conducting a review of Chapter 3 of the Hawaii County Code relating to advertising and signs clarify the code, keeping the intent of the existing code. Hawaii's beauty must be kept as unobstructed as possible - it is what we who live here and what the tourist who visits wants to see and enjoy. Variances lead to Route 66. Anyone visiting the mainland is struck by the fact that advertising and signage is out of control. It could happen here. So, please, no variances. Once the code is revised, power to enforce it should be established. Hawaii's code has set an example for the rest of America and the world. Don't turn back. Let's continue the good example we have set. Mahalo. Jackie Wright P. O. Box 713 Kamuela, HI 96743 Tel: 885-4210 '7~G`~rM~ RECEIVED iima.~~~~'~~1__By Date I~~!~ 7c~~k -~i ~ Cz~- e Comments About the Regulation of Signs and Advertisine Date: / ~ y 7 Is the Sign Code unclear? ~ If so, why? 3'S n.t s~e~; ~iC ~ i ?is ~ wl 3 - d say ~ ,~..,.-~-y s e u GG ~ ~cwe p v ss:b ~ f1ws~ wrwi~~i^y fr wadp {Zw~~ c (w,.~~ Is the Sign,,C11ode confusing? Y If So, why? ~°lS r2 i~ ~/k'~7~PYJ/ Ol (iC.ti{(1 ~ /M Svhn ~~~y~ / Is the Sign Code ineffective? ~ If so, why? /to f CiJtTa?ce~ How can it blle fixed? 3- ~5 - itsu/ ~rio~ 3-/5 a c. /Jw~/-~v.~. ~'l-.~f a ~u w~~-~ .vi jiE i 5 s c•~ce -{-i rs-}- / y ~~t 3 ,.-~dr;, ~ ~~i~ ~ J ,odd ~'s ws s; "s~.J~~ " s; ~,.,.,s so ;t- ;s ~ ~ N. rr-~~ Other Comments? /NR•~.~ Su,•~ ~1` .~.6i~.t Gv-.Ce aX.CisdS. ~g~i.., s~~cr^i ~~~a hoc~na-~., 7L ~e ~'rQi~ . Optional: Name: ~P XCa/~ ~ ~2 r " S ~ ~ h Address: ~0 PjJ~ Ze y S lG~h Phone No.: ~~S- Z U7/ RECEIVED Tuna ~ n•v~ _ 8yy_ C~-C/„•, patty ~olio-147 /CIS,~,_ c l t Post Office Box 4514 Kailua-Kona, Hawaii 96745 October 20, 1997 County of Hawaii Task Force on Advertising and Signs Legislative Auditor's Office 25 Aupuni Street Hilo, Hawaii 96720 Dear Sirs and Madams: Aloha and mahalo for allowing citizen input before you draft a preliminary bill concerning outdoor advertising in Hawaii County. Indeed our island has a bad case of sign pollution, and to uphold the dignity of the `aina we need to take immediate action. In my view, the existing code is sufficient. If enforced, it would protect the land and her people. Enforcement ideas: 1) Empower citizens to "police." 2) Lobby the Council to create a position (and take burden off of building inspector). Appearance of signs. The objective should be not quantity but quality; signage should not detractfrom the environment and the culture. Therefore, certain, indiscriminate elements should be disallowed in island signage: -Neon and other lighting and illumination -especially after hours; -The use of languages other than Hawaiian and English; - "Flags' (i.e. wavy, fabric-type advertising); and - Bright colors,especiallyred,yellow,white,blue,Rmk,andchartrg~se. otANQ.V'S P1wrt'oc~ ~f'aPhS o~(' Qtc~Jfsts o(' -l-ac.st5 o-Y" '~~2.oP~JL. of The busines`se' s most in violation are not visitor-industry-based, so no need for flashy signs. Perhaps not a humongous sign foreach business in every island community, but a small one, augmented by directories (placed at intervals in business centers) that would serve [o orient visitors to area restaurants, services, shops, et al. Each directory with a map and historical facts of the area. Attached is a letter that was recently published in the local newspaper. Please note that the letter garnered considerable public support for the war against unsightly signs. Yourobjectives should be to make it possible foreverybody to enjoy the scenic beauty of Hawaii. It is a simple goal and if we achieve it, it will explode opportunity in Hawaii and change [he future of every person in this island chain. It is the task force's responsibility to give us the guidance and the leadership to see that this is accomplished in a timely and appropriate manner. On behalf of all those who enjoy the beauty of Hawaii, mahalo. The immensity of your undertaking is not unappreciated. I am eager to help build a better future for the next generation and will appreciate your prompt response and action. Malama pono Aloha, f1 Ma Maberry RECEIVED n~..~ ~ sy oats Z,1 v-~ ~r- Letter as published in West Hawaii Today: July 29, 1997 [n the past few years there has been a huge increase in the number and size of signs advertising businesses and activities in West Hawaii. Indiscriminately- placed signs and banners abound; this has created some serious concerns. One issue of magnitude is that of economics. A substantial source of residents' income and revenue is derived from the tourist trade. Visitors come to see the island's natural beauty, its picturesque vistas and magnificent landscape. Outdoor advertising devices detract from [he island's attractiveness and has a quantifiable, negative affect upon our tourist trade and economic well-being. Another issue is public safety. Precariously-placed signs, suspended from or placed on top of buildings or walls, create a danger to pedestrians. Moreover, in a hurricane each and every "sandwich board" in town can be a "projectile." Further, studies show that outdoor signs contribute significantly to the number of traffic accidents, assigns detract from the visibility of traffic signals and distract the drivers' attention away from the road. In short, County law says that no person may install or alter any sign without a written permit from the Department of Public Works; violators are subject to fines. Historically, enforcement has been minimal; however, at least one councilman, Joe Reynolds, is currently working to better it. Additional measures should be taken to ensure that future violations are prevented while existing ones are corrected. The County could offer education; it could publish a brochure that explains sign rights and responsibilities. This device could be presented to business persons early on in their enterprise(s), i.e., upon application for a tax or other license. Compliance would be necessary for renewal. Your input will make a difference. Please challenge businesses in your area to advertise responsibly. Learn the law, and report violations to the chief engineer; phone 327-3520. Write a letter to your council representative, urging him or her to make pono planning decisions and provide for rigorous enforcement of sign legislation. Please show your support for this effort to promote community and respect for the `aina, as well as the development of a stronger local economy. 1f4ary Lou N(aberry n , RECEIVED ` 1fma...~.~ BY c...t~ - Date..-..._!4111 1 Comments About the Regulation of County Coundl , Signs and Advertisine Date: ~p Is the Sign Code uncleaz? If so, why? G~~c/ ~ ~ t,A~t7 F~ G~S'kd e,~ zo ~ ~1 tT, Is the Sign Code confusing? If so, why? Is the Sign Code ineffective? If so, why? How can it be fixe ~ 7~ ~d'LAy l~ ~ F tEL'/ ~O ~ dl ~~'CC , Tio (`~ril.rn~-`~ Ull'C64 ~stGAJ Lk-+~`3-• 3 '~~-~QE v~.~-5 -tP1~ FoR~n~.E~1 Other Comments? A (I ~ Nl~ E ~ ~ COQ ~ N1 s-. IV D ~~4itT~3u.7tC~ R~~ ~~,i rur ^1 q-c~ pR IV o ul ! rJ`>~oc~ ,Srt ~ ~ ~ N o vA-IR~A-r~c.~s Optional: Name: LC ~ ~ (l~Or~ Address: ~2~ ~ L• Phone No.: 'J ~'(n - ° RECF~VED 11-- ~ M ' By - - ~ -ol~tla`1 Comments About the Regulation of - ~a,~ns and Advertisine - Date: ;D 1° ~ ~ Is the Sign Code unclear? ~ I If so, why? Is the Sigh Code confusing? [f so, why? Is the Sign Code ineffective? If so, why? How can it be fixed? ~ e-w~ ~ 5 ~ ~~1. -{~o I~a~.,~. -Kenn a.-, w.~~bt~~ z~ I-- ~a 5 a_,.,~~' Tom- ~-y~- 3 ~-e~•-rye.., u - -t>.1`~-0 -fit o-a~ ~n~' ~-b~~- 7-F.~. ~tr"'^^,~"~ - e,,,.,~ .~-s ^,e~ d s mod- tr~-~~ a_ ~~~s Other Comments? ~S - w ~ ~ ~ a_ Optional: Name: (ZOP~EieT COQS~I - 2i7-~ Z`13 Ad ress: ~'S -2.l FF p rra- t ~ ~(_-~~`-'~~/vr--~/' Phone No.: ~ ~ a 1`-u~ ~ / 0 I Mr's " yp ~ ~ ~ / ~eY' r L ~e ~ S S ~D~M 11~9~ ~'~^-x~.ns ~ V GIGS ~ t Ia 17. 1L,k. f ,ff,,j_ . • • - c'•r PAAAD bs, actor jr(5L_ --rtt-e - a_ /f—t-i",t-z_ UL‘H, LsL_ a �v�4 ; s PQ-60 `ry +., A, /Z ,k, , fMXI' na-o-v 6-e /�-w.-� tif UAA.J52J h,1/4J- I LL_ v 1 , ,„ -f444 J)9-- Ct , �5 a � • =ci p_9-1( h&dats_J a(L tAritt , i( cz.tit 6-4 -go-cri\-ra-A--- . -1- c�zA r � \A-/�pPiLi .v\s. 54m5 5 U\40 �;� ,�,� (gym — 1��4thksei C, � � �� • g() _ c61-4 rytk i Alexandra N. Bernstein PO Box 2043 Kamuela, HI 96743 808-885-2071 until 11/14 808-885-1911 October 27, 1997 Legislative Auditor's Office 25 Aupuni St. Hilo, HI 96720 Re: Resolution No. 148-97 Dear Auditor: I am writing regarding the execution of the revised sign ordinance. My suggestion is made in the interest of achieving greater community input into the decisions made about signs to be erected in each community. I suggest that, as regards Section 3-5, that any town or region that wishes to be allowed to set up a design review board to handle the variance requests. The Board could then meet monthly in a convenient location at times when interested members of the public may find it convenient to attend. Section 3-5 might read: The Council will cede the responsibility of review of variance requests to any town in the County that establishes a Sign Review Board for that purpose. Members of the boards will be nominated by community organizations and elected annually at meetings of community associations. Such review boards will be instructed in the nature and history of the variance process by the Department of Public Works. Variance requests will be reviewed by Sign Review Boards on a monthly basis. Requests for variance should be sent to the Department of Public Works at The Department will communicate with the local Board to schedule a review, and will inform the applicant of the scheduled time. When a decision has been made, the local Board will communicate with the Department, which will in then notify the applicant. I think it is important to specify in the text of the ordinance exactly what this procedure is, and how the flow of information works. It is also important for the requests to be forwarded through the Department so that Island-wide records may be kept, and so that the Board' activities receive some kind of oversight. RECEIVED ' SlnCerely, iima_1!: ~u..n:^~- By St {%~J~~ Date... 10~ 1 LQ1__- i~~' Tc. SIC G 6 Na Leo Pohai The Public Policy Affiliate of The Outdoor Circle October 28, 1997 Legislative Auditors Office 25 Aupuni Street Hilo, HI 96720 Attn: Connie Kiriu RE: Chapter 3 Task Force On Advertising and Signs Dear Ms. Kiriu: On behalf of Na Leo Pohai, the public policy affiliate of The Outdoor Circle, and our five Branches located on the Big Island of Hawaii, I offer the following comments to the above referenced task force. For more than 85 years, The Outdoor Circle has worked to keep unsightly advertising out of our islands. The five Big Island Branches are in Kona, Waimea, Hilo, Puna and Ka'u. Statewide, membership consists of more than 3500 individuals and on this island, total about 1200. The organization is delighted that a task force has been formed to set guidelines on neighborhood aesthetics. In addition, we are pleased that community input is being sought before making possible revisions to the ordinance. However, we believe that in order to provide a balance, the Task Force should include representation from the private sector. For example, task force members might include representatives from The Outdoor Circle as well as an individual from a sign making company. In a statement dated October 14, 1997, and shared at the public input meetings, we list items in the ordinance requiring additional clarification. I have attached a copy of that statement for your use. We look forward to hearing from you regarding the makeup of the Task Force. Please let me know if you require further information. Sincerel , M Seiner Executive Director enclosures cc: Gerdine Markus, Hilo Outdoor Circle RECEIVED Halimah Shabazz, Kau Outdoor Circle i. u~_n_m_ g sC, Kell Greenwell, Kona Outdoor Circle ttme.._ 1 - v Rene Siracusa, Puna Outdoor Circle ~^*~rn~ Katrin Kohler, Waimea Outdoor Circle T";K 1314 So. King St., Suite 308, Honolulu, Hawaii 98814 ? Phone (808) 593-0300, Fax 593-0525 send to: Legislative Auditor's Office Attention: Connie Ririu 25 Aupuni Street Comments Abort the Reg~iation of Hilo, Hawaii 96720 Signs and Advertising Date: ~ ~ 7 Is the Sign Code uncleaz? 1 D If so, why? Is the Sign Code confusing?. ~ S If so, why? Is the Sign Code ineffective? e S If so, why? How can it be fixed? 11 ~ 7 Y i C_~ /C~QC/ f,(_ L1~7'(/LtS ~O ~K T Other Comments? ~%IC.QtLR2 ~q /~C.9/ZS ~CQ~X ~~e~ ~~-2 Cl,~t-~N ice. 1 ~ ~UC~-(~ Optional: Name: Address: Phone No.: _ RCf~JV® ' nm. u ~ M. By sc ~ TasK ~cv~r z'a '~l (7 Waimea Outdoor Circle r ~ October 28,1997 - ~c G; Ms Connie Kiriu ~ Legislative Auditors Office ~ J 25 Aupuni Street Hilo, Hawaii 96720 - Dear Connie, It was a pleasure to meet you and Maya on October 16th at the task force's meeting in Waimea. We are glad this subject is being reviewed. The sign pollution on our island is terrible. We are hopeful a revised ordinance, one which can and will be enforced will bring some order into this mess! We enjoyed the meeting because we had the feeling that you were really listening. As you know this is not always the case in public hearings and meetings. I also had the feeling you really did want to have our input. Thank you so much, it gives us a sense of optimism. Of course we do hope that the task force eventually will also include members of [he private sector and the community to have the revised ordinance all inclusive. The Waimea Outdoor Circle would be delighted to serve on such a task force. Please, let me know how you all will proceed. Again, it was a pleasure to meet you. Give my reeards to Maya. Sincerely, C Kathrin "Chacha" Kohler, President P.O- BOX 6144, KAA1UELA, HAWA1196743-6144 .send~to: Legislative Auditor's Offic.. Attention: Connie Ririu 25 Aupuni Street ('p~ippntS AbOtlt the RegLilatinn of Hilo, Hawaii 96720 Signs and Adverticin~ Date: oct. z7,1997 Is the Sign Code Unclear? Yes If so, why? should be written in clear, plain english ~ /~~Y ~~Q{~/PAL ~ Is the Sign Code confusing? S~ a 6AYe ' If so, why? unknown to mo t Is the Si n Code ineffective? yes „never enforce g If so, Why. variances given all the time Revise and update the current ordinance, which by the way, is not How can it be fixed ti~~ a poops e sb v Include the community in your task force, right now only government Other Comments agencies are represented. Here we live in this beautiful place, thousands of visitors come and we ruin our environment with ugly sign and signs everywhere. We should look at communities whose #1 industry is also tourism and learn from them. Then we should take leadership in creating a good environment for all. Kathrin G. Kohler Optional: Name: Address: P•o.eox 358, Kamuela, Hi 96743 Phone No.: sss-4065 RECEIVED nm~ ~.~3 =M. ay sc_ T Date ~-~3~~{_I_- T[~K Yc:r(~ OJMiV Os Mme'' JOSEPH REYNOLDS y~,;. e• Hilo Tel: (808) 961-3266 Cwmcilmem6rr Fax:(SOB)969-3291 ~ri~,_~~"~/ COUNTY COUNCIL County of Hnruaii Hatoaii County Building Date: OCtobei 30, 1997 25 Aupuni Street Hila, Hatoaii 96720 To: Connie Kirui Chapter 3 Task Force From: Susan Russell . I have attached a letter concerning the Sign Ordinance Review from Mary Lou Maberry for your review. Please provide numbering and distribution as required. Thank you and good luck with this momentous job! RECFJV® ~11+~ ~ 4 m. y j C- n~t.. „~a(5~ T~.S 77-Fi799 Nalani St., Suite 1-A Kailua-Kona, Hawaii 96740 Kona Telephone: (808) 326-5684 Fax: (808) 326-5697 Letter as published in tiV~~st ,Katvai.`i ?'oclrry: July 29, 1997 In !he. past fe+v vear~ there has ~~ee.n ::r huge increase in the number and size of sins adveriisin~ t:ctsines;es and activities in West Ha+vaii. Incliscriminately- placed sigma and banners abound; this: has created some serious concerns. Oac issue c;i magnitude is theft of ec~~nvmics. A substantial source of resiifents' income and revenue is c!erivcd from the tourist trade. Visitors come to see the island's natur,.ll bra>tty, its pich.trx.sgtte vistas and magnificent Landscape. Outdoor advertisinf; devices detract fr.,,Tt the island's attractrveness and has a gtiantifiahle, negative afFe~ t upon uur tc,lrist trade and economic well-being. :4nvther issue is public safety, ['rrcariously-placed signs, suspended from or placed on tvp of builc!ing: car walls, create a danger to pedestrians. Moreover, in hurricane each astd evr.•ry "sanch+ich board In town can be a "projectile. Kurth+.r, 3UIdICS sh0«' ih~~t ~.u!dovt signs cvntribate significantly to the number of traffic accidents, assigns dt-tract from ttte visibilit}' of traffic signals and distract the driver' attention away from the road. ]n short, Count}• la;c says that nr pt;rson may install or alter any sign tivithout a ~vrittrn permit from the Dcpartu~ent of Public Works; violators are subject to fines. f{istvrically, enforcement has been minimal; l:nwever, at least ~ vne cvuncihnan, Joe Reynolds, is currentlti• wvrking to better it. Additional mrasum;, should he taken to ensure that future violations arc prevented +vhilc existing on?~ are cot7ected, Thr County ceu!d offer education; it could publish a brochure that explains sign rights and respoa~ibiliiics. `i'bis ~!.t-~ ice cvuld t?t: presented to business persons early on in their enterprise(sj, i.e., upon application for a tax or other license, (_'nntpliatue would be neccs~ary fi,r renewal. Your input will ntakc a difference. Please challenge businesses in your area tv ach ertise responsibly, Learn the la•.+', and report violations to the chief engineer; phone 37.7-3520• Write a letter tv }our council representative, urging trim or her tv trtake pone planning decisions and provide for rlgvrous enforce.mcnt of sign legislation. !'lease shnn• your >uppozt for t!.is effort to promote community and respect for the 'aira, as ell as the i!: , elopment of a stronger local economy. RECEIVED Ytlary you Ytfnberry n,;,, g aoa.M gy sc. r~,e. ~T197 T~CA Post Office Box 4519 Kailua-Kona, Hawaii 96795 October 28, 1997 I-Iawai'i County Caund! 25 Aupuni Street Hilo, Hativai'i 96720 R~~ Outdoor advertising and signs Dear Sirs and 14fadante: rllolta. tam writing becausr our island hay a bad case of sign pollution, and to uphold the dignity of the'~•una +ve need to take immediate action. In m ~ viety, the exisiing code is suf.F"~icnt. If enforced, it would protect the land and her people. knf rcegtet}t i s: 1) Empower citizens to "police." 2) Create z county position (and t,tkr h~;r:{ei; off of buildutg inspector). i _pvear nce of si__e__ns. Tlt2 objective sltouJc! be n~f quantity but quality; signage should nut detract hoot the environrnent snd the culture.'111erefore, certain, indiscriminate elements should be disallowed in island signage: • Neon other methods of illuzninaHon espe~iapy after haurs; • The u,k of languages o! her than Fia~ :•aiian and English; • 1'eupl+w pix,ta, (comnto:tly practiced by real estate agents) • "Flags" (i.e. wavy, fabric type advertising); and • Bright coluts, especially red, yellow, +;-bite, blue, pink, and chartreuse. And what of the icutwne:'able soft drink vendinb tnaclunes that sit indiscriminately at storefronts along our roadcvays, their bold commercial messages visible from a great distance atvay2 'These machirna, too, must be considered under the outdoor advertising and sign issue. Each one is an eyesore. Costco sells these machines locally, so they are Hero in abundance. Are they licensed? Ts the County getting its sha.rt dtrough licensitg fees plus taxes on revenues? Overall, the businesses that are most in violation aren't visitor-industry-based, so no need for flashy >igns. f'erhapwa nc;t a huntangous sign for each business in every island community, but a small one, augmented by directories (placed at intervals in business centers} that tvoukl serve to orient visitors to area restaurants, services, shot',, et al. Eacl: directory +vitlt a map and historical facts of the area. ~ RECEN® ~hrie 9 c. gy SCi Dore-_~1.~1.g)- Tc~iK ' 4 1,'lab~C'i'y'121;: f~iltu JCrr J:iPrCiiS ltl~y di'.nt ~p'.~t r; October 2$, l l97 page hvo Attached is a lett<^r thtit •13 tz~celltt~ p:cht.isl~>d in the local nc~trsliaper. Please note. thak tl?e letter ga.rncrt`d tramenduu~ puuiic support for the ivar against unsightly signs. Your objective should be to make it possible for ever}'body to enjoy the scenic beauty of Hac+•ai i. It is a :;iu? ale ga•u an~i if eve a~hicvc it, it will explode opportunity in Ha?;•ai`i a:td c~tange tit. future of every person in this Island ch~un. Along t+•ith thi task force, it is the c:,~_accil's respocsibility to give us the guidance. and the leadership to see that this is acccat?pli::l?ed ir. a timely and appropriate manner. On bF:llalf of all those v: hc: enjoy tlt. t,.,;~.,i~ of 1lar: ar's, mahalo. 'Che immensity of your undertaking is not i:n.~pprcci,,t::J. [ a:n eager to help build a better future for the next gi?neratic;n and ti+•ill appra: late }'our procapt response and actiozt. l~ialama pony Yours since el , ~ trk, ~4ary ;~u htaberry Fost Offica Bvx =1514 Kailua-Kona, Hawaii 9(74 Count~of !~awai'i Task Force at A_ dcerrisin~ and Si~tts I.egislativc Auditor's Office 2.5 Atipttni Street Hilo, Hawaii 96720 via fax October 31, 1997 bear Sirs and Madams: I am writing to ask you to consider two additional subjects: soft-drink vendingmachines and posters on utility toles when drafti ng the revision of Chapter 3 of the Hawaii County Codc relating to advertising and signs. Soft-drink. vending machines have bcconte plentiful since at least one "mega-mart" began selling them locally. ITnfornutately, fltey devastate the countryside along with unauthorized signs, banners, and sandwich boards. Vending machines should be less obUusive: they should be housed indoors (not visible from the street) or at (cast darkc;ted at night (nut lighted). Likewise, signs, stapled or tacked to utility poles, detract from the natural beauty of the island. (The. police used to follow up on this practice, and cause people to remove such advertising. Why did they stop:') I propose that the new code provide for the means to combat the proliferation of unsightly vending machines and trtility pole advertising. A permit should he obtained to own attd operate a vending machine. The count}' and state weld collect lax on sales. Mahalo again for your efforts to beautify Hawaii. Malama pono Sincerely, ` .J" Mary o Maberry ~ tlC~yp ' nm._.z:m-~ a, .x . Dab.~_ t i 131 q 7 \CA,s~ J Mondav. November 3. 1997 1:56:48 PM (8081 967-8295 c Crntununity Mana~etnmt P,esacaa2ea ~+miyr,6sa~rav,Y,amsash+y Box 6, Volevrro, Haw>u196785 fax(808J 967295 omeplan~int2 at:.net Bonnie Goodell 967-7775 Date: No+•ember 1, 1997 To: Count}' Council Planning Committee From: Bonnie Goodell _ l Subject: Support for HPP Communit}' 1`faster Plan J; I support the HPP Community Master Plan. This plan is especially important for the ! welfare of the +vhole Bid Island because it is the first time a residential community has j brought }'ou a plan that rs NOT a NIIvIB1' plan. This is a plan to take responsibility locally, }i for things like environmental impacts, green house gas production, poorer members of the communrt}•, non-drivers. This plan addresses the fact that we -our auto-dependent lifestyles, with SCC of the +vorld's population using 30~c of the eneroy -ARE the problem. This plan addresses that b}' proposing concrete steps to c~iange that lifest}'le by ' placing services, shopping and jobs close and convenient to people's homes, as mandated by the Count} General Plan. .as a member of the Citizens .~dvisory• Committee of the State Long Range Transportation Plan I can tell you that this HPP model is the only +vorkable alternative. The federal high+va}• mone}' available to build ne+v highway lane~annoraccommodate growth in Puna based on our current driving patterns. The only wa}• to change those driving patterns is to change our• land use patterns so that +ve can make fe++•er• and shorter car trips. If a small fr•actron of the hundreds o[ millions that +vould be needed for• more high+va}'s, were spent instead for schools, parks, fire and police stations, and «•ater services to them, in the village centers in [his master plan, many of those high++•a}• lane miles would not be needed, and man}• people would ha+•e much better lives. ' .according to the county's o++•n Level of Ser+'ice standard. if HPP has around 6,000 people non'. they are due almost twenty acres of developed count}' parks, +vith $7.~ million in improvements: a fully staffed 2,000 square foot police station with S1.5 million worth of improvements: and a 3,800 square foot fire station ++•ith S1.5 million +vorth of improvements. Plus water lines to those facilities, shared with the state, for schools. That is in 1989 dollars. so needs correction. (.4 onion of the Pahoa Pool can be used as e credit against «•hat is o++•ned to HPP for parks, as a regional facilit}~J Ho+v n•ill these facilities be paid for? By the Count}'. out of the General Fund, because the e~aennr lo>sin HPP have already contributed over S30 million to the General Fund, and that money n•as used to provide that Level of Service in other Big Island communities. When you collect tares from vacant lots for forty or so years. and use those taxes to provide services to other neighborhoods, you can't all of a sudden sa}'. "Sure, your taxes paid for our all stuff, but no++• ++•hen }•ou need that stuff, you gotta pa}• that yourself." Everybody plays b}' the same rules until everyone has had their~ull turn. Fair rs fair. Lots of people spoke up about this forty years ago +vhen the subdivisions ++•ere created. But the County pretended that they could ask these subdivisions to join the game. make them ante up e+'er;• round, and never give [hem a turn. \~'ell, no+v these subdivisions have forty turns coming, like it or not. HPP's plan is the solution. The community is doing its parr. Please pass the plan. and get on with doing the Count}~'s part. \fahalo. RECEIV®~ Time ~.:C4..~~^1~By SC, Dote..... I 9 l ~^~t9--EnvnctY T0.SK FCrtC d HILO OUTDOOR CIRCLE Post Office Box 5258 Hilo, Hawaii 96720 November 9, 1997 Legislative AudRors Office 25 Aupuni Street Hilo, HI 96720 Attn: Connie Kiriu RE: Chapter 3 Task Force On Advertising and Signs Dear Ms. Kiriu: We are happy to see that a closer look is being cast at the Sign Ordinance. As this ordinance and its enforcement is very much the concern of our organization, we would like to add another letter to our already growing cortespondence. Please find included a picture of one of Hilo's most awful disgraces: J & R Hardware store, on the comer of Kam Ave and Kanoelehua. As you know, this intersection is most likely seen by every tourist who arrives in Hib via airplane, boat, car, bicycle or hitch-hiking. Our question to the task force is: How can we prevent such blatant misuse of the sign ordinance? Is this particular way of window advertising covered in the ordinance? It should be addressed. The other picture shows a sgn in the middle of historical downtown Hib: a personal eyesore, since I live right there. Could it lie removed? It does not serve as a sign, it just sits there, advertising nothing. Thank you for your attention and your energy to get a good ordinance on paper. We strongly urge you to design a way to enforoe it once it is finished, since that has been the weak spot of the orclinance. If we can be of any more help, please let us know. Sincerely, ~c~ G ne s, president RecFJVe~ ~ i S ~gyy ~ / ~ ii izl4 r"~ Ge~ntY-CxvneN ruk ~.cc~ 0 ~r - ~ .B irr.7 ee'/ z_ ` - f 3 i F- I i .4_, T / _44--- _ _„,_ , _ • _ „ ___ :, ,_ _ _. __ _ c ___ . ...__._ _ _ ___ _ _ . , . ,T, r_,,,,,„ _ __Ill ___ ,_ _ _ I 1 t ----- _.-...._"-• ,..-- - _ ___ __ _____ _ ___ . ._ _._,„ .:•: i-.t,,,' 7"t ;.i _ } 1 - s _ ° ~ r c ~ ~ , ~ ~ ~ t ~ l~- 9 ~ 4 ~ 7 I ~ ~ ~ y ~ ~ ~ c 4 ;b -p ~ C t.:. o ?f r ,j 'a ~ 1 i p `J N T~~ T ~ q ~ ~ , N N C V' . o M , w ~ Vrm f(1 ` 4 r • ~ J ~ ~ i a o iv r ~ k ~ P ~ 'r ~ ~ ~ ~ ~ ~e o ~ Y . R ~ ~FY a~~ y w ~ H N. ~ ~ G G. 7" ~ . E ~ ~ o a ay d ^ 'n 7y c ~-~J C N ry ~y N r~~- ro b n1 C 11 !l~ R ~ 1~y '~y ~p o~ p CTl -1 ~ w ~ r~ ~ ~ ~ ~ w m A 'o ~ a ~ ~ n C 9 ~ ~ i n_ O ~ H w ~ ~ n ~ ~ 9 Q. r ~ ran C V) ~ o ~ ~ ~ m O r^o 7 ~ ~ 'D -n Q < " w fn' ~ N 7 ~ N !D l J T N ~ ~ N 7 n ~ 1"~ O C H 0.1 ti (4 7 e' ~n O o Ny n ~ to W ~.L~ o dn.- ao rn~ p p ~ ~ c~ ~ ~ O ~ ~ s n ap py ~ n. Oo ~ w ~ rt ~ n B ~ n ~ ~ on y !nD r.. 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R N N < n C n rc ~ n E n uc N. rt C: O / ~ 04 N O I`~y /r ~ y 0 '1 pp,, ~ ~ N ~ T rt ~ p~ U ~ K / ~ ~ < T ~ O ~ x 7 d n 7C w ~ N re 0 3 cv O ~ ~ m a ~ N ~ nr ~ N rn 6 M<V Os M1 ~ K J. CURTIS TYLER, III ~yi;~' Tel: (808) 961-8273 i Councitmembrr Fax: (808) 969-3291 y-~:~. ' Oi~N'+' COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupttni Street Hilo, Hawaii 96720 November 13, 1997 ct~ C-1 ~ TO: LESLIE CHOW, Fiscal Program Review Officer C n G" Legislative Auditor's Office ~ FROM: J. CURTIS TYLER, III, Councilmember C Hawaii County Council j RE: Attached letter from Eric von Platen Luder regardincy Sign Ordinance Please find attached letter from Eric von Platen Luder regarding the abuses to the sign ordinance. 77-6399 [Valani St., Suite 1-A Kailua-Kona, Hawaii 96740 Kona Telephone: (808) 326-5684 Fax: (808) 326-5697 I nr.-., r-„ Specializing in _ J Fresh Seafood n &PrimeRib '9~ i~J~~ 6 Pfl 2 c~,~..: cour,; n' ~;;tiv,~l 11/4/97 Councilman Curtis Tyler 25 Aupuni Street Hilo, Hawaii 96720 . Dear Curtis, I think that the abuses to the sign ordinances and the seemingly indiscriminate granting of variances for signs that are more accurately defined as bill boards(i.e.: ,Safeway, Borders Books) is appalling. Please know that you have my full support in every effort to put an end to this abuse and help eliminate billboard type signs from our community. loha, ` ~ / Jam,; rl Eric von Platen Luder Hupgo's 75-5828 Kahakai Rd. Kailua-Kona, Hawaii 96740 (808)329-1493 Fax: (808)329-7204 Research: County Agency Comments J„ir os y,~ Stephen K. Yamashiro ~y6i;.• Virgi D,rGoldstein Mayor t31sse11_ Kokubun r,s o~•MF~'~ Deputy Director f~uixix#g of ~tzfuttii PLANNING llEPARTMENT 25 Aupuni Streef, Roam 109 • Hilo, Hawaii 96720-5252 (808)961-8288 Fa: 18081961-9615 October 8, 1997 TO: Con~nie~/Kiri~u, Legislative Auditor FROM: ~i~Vifginlfi'Goldstein Director SUBJECT: Resolution No. 148-97 Chapter 3 Task Force We have received your Memorandum of September 26, 1997, requesting written comments articulating problems and solutions relating to the existing sign code as well as proposed amendments to Chapter 3. We have the following to offer: 1. Chapter 3, the Advertising and Sign Code, applies to the whole island, yet, the administration and enforcement of the Code requirements is fragmented. On one hand there is a functional separation of code requirements as evidenced by district classifications, eg, residential, agricultural, commercial and industrial, etc.; and there is also a geographic separation with special requirements for Kailua Village. The Department of Public Works administers all of the requirements of Chapter 3 except for Kailua Village which is administered by the Planning Department and the Kailua Village Design Commission. Placing all sign requirements under the administration of a single agency should be seriously considered. 2. The County Council (Section 3-5) is the authority which reviews requests for a variance from Chapter 3, except for signs in Kailua Village. A procedure clearly outlining the requirements for an application and the processing of such an application is needed in Chapter 3. On the other hand, a Sign Variance application for a sign in Kailua Village, is processed by the Planning Commission. Such a Sign Variance request must be transmitted to the Kailua Village Design Commission for its review and recommendation. Action of Planning Commission on the Sign Variance is appealable to the Board of Appeals. Connie Kiriu, Legislative Auditor Page 2 October 8, 1997 Whether this activity relating to the Planning Commission is in conformance with the County Charter needs to be reviewed. 3. It is clear from the above that the administrative procedures for administering Chapter 3 need to be simplified. There are simply too many entities involved and for all entities to be able to clearly assist any applicant in any stage can very quickly become frustrating for both the regulator and the applicant. 4. We have not been able to complete any proposed amendments at this time. RICN:cjf f: \wpwin60\christin\ckiriu. rkn BUILDING DIVE. .V ~(~4~ J~ ti~ ~~4,~~ DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII 25 Aupuni Street o„E ,o, vo Hilo, Hawaii 96720 /~~/5 /`j7 I Phone (808) 961-8331 /Fax (808) 961-8410 ...E~..~o~ L~ ~ L E «-10 Ae TO ,L~Far~L.,E.7'rVE .Quor'7-cr P t - C.N,CA - - S/~~J D' iti~ r~~l I GENTLEMEN: - WE ARE SENDING YOU (Attached ? Under separate cover via the following items: ? Shop drawings ? Prints ? Plans ? Samples ? Specifications ? Copy of letter ? Change order ? COPIES GATE NO DESCRIPTION ,cyn-rF~Y~ F'r_~n~ 13c-oF T~_~: 5 - - i I THESE ARE TRANSMITTED as checked below: For approval C Approved as submitted ? Resubmit copies for approval t$/ For your use ? Approved as noted Submit copies for distribution - L As requested ? Returned for corrections ? Retu rncorrected prints C For review and comment ? ? FOR BIDS DUE 19 ? PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: i<~ ! u ,nclo,us u, not a. nor. e. w,mly ~oeey ,r o~c. `oJMSV Or y,~' • BUILDING DIVISION -DPW COUNTY OF HAWAII - 25 AUPUNI STREET - HILO, HAWAII 96720 °i • HILO OFFICE (808) 961-8331 KONA OFFICE (BOB) 327-3520 1Tr C%•MT'i` October 8, 1997 MEMORANDUM TO: Sign Ordinance Task Force FROM: Kiran Emler, Civil Engineer V, DPW, Building Division SUBJECT: COMMENTS REGARDING SIGN REGULATION I very much appreciate the opportunity to make some comments. Given only 2 days to come up with this should be considered as you review this. I do the sign permit application approvals and answer sign related questions as part of my Kona office management responsibilities. Our field azeas aze North and South Kona, North and South Kohala and Kau through the Ocean View. I will begin with my comments on the existing legislation. I have found the ordinance confusing, inconsistent and contradictory. The ordinance leaves too much to the interpretation of the official. We interpret Section 3-25 as allowing 2 signs of different permissible types to face on any one street. Simple enough! This section, the very foundation of the ordinance leaves us regulators scratching our heads! How do you think the general public feels! When an applicant requests to attach a sign to a stone wall, is it a wall sign or a ground sign? If you read the definition of ground sign it is free standing and not attached to a building or structure. How we interpret this makes a huge difference in the size allowance. If it is a wall sign in a commercial district, it may be 20 percent of the wall azea or 400 squaze feet, whichever is less. I doubt this was the intent of the lawmakers, yet I am instructed to allow this provided a building permit is required for the wall or structure to which the sign is attached. Fortunately few have taken advantage of this, except in the resort zone where the ground is limited to 8 squaze feet .They have opted instead to construct "walls" over 6 feet high so a building permit will be is required and can then have a "wall sign" of 32 squaze feet. The supporting structure could be a fence or a special structure, specially built to support a sign and having a wall as a component. The allowances in the commercial district, Section 3-29 for wall signs is unclear. Should businesses be allowed to advertise on sides of the building on which they have no frontage? Or may they face a sign to a street upon which they have no frontage? Should signs located inside a building in a window, intended for advertisement to those outside be regulated? Our present interpretation is we do not because the definition of sign, Section 3-2(8) is limited to those placed "out of doors". Neither do we regulate signs which are not visible from a government road, since the definition includes "in view of the general public". SIGN BEGS. P. 2 of 3 Kiran Emler 10/8/97 There is no size limit, other than a 3 foot maximum height, for a mazquee sign attached to the face of a mazquee. This is a gross oversight, since there is no prohibition to extending above and below the mazquee, which is any overhanging projection from the building. People will take advantage of this even though it may look hideous. The present code is contradictory. For example, temporary banners aze one of the types of exempt signs. They aze not exempt from section 3-31(a)(4), which prohibits "any sign which advertises any activity no longer conducted on the premises upon which the sign is maintained. This is the only code section which prohibits offsite signs and it includes temporary signs. How can there be allowances then for signs over the public right of way as described in Section 3-32(b)? Not only that, this section calls for proof of an insurance policy to be filed with the County Clerk. We aze also told that permission must be granted by the Engineering and Surveys Division. How would you like to explain that to a volunteer in chazge of publicizing an event! The allowances for exempt signs aze too broad and ambiguous. For instance any sign to be displayed for not more than 7 days is exempt. This means a person could display a new banner every 7 days. Enforcement of regulations on temporary signs is impossible under the present code. Most of our complaints aze about temporary signs (sandwich signs and banners). Enforcement should not be by building inspectors. Our building inspectors need to be knowledgeable on Building Code, which is itself an overwhelming document. If this sign regulation remains their responsibility, it will take a secondary position to the Building Code. There should be staff dedicated to the enforcement of sign regulations. The enforcement procedure must be changed. We have no faith in the will of the County to prosecute a sign violation under the present process. The inspector must know that a positive result will come from the field work. Any new procedures must be included in our administrative rules so the inspector will know the exact procedure to follow. An example of the unenforceability of the present code is that even temporary signs aze subject to the abatement procedure in Section 3-13. This allows the sign owner 20 to 60 days after receiving a certified notice from us to remove an illegal sign. Is there no way to make the enforcement procedure like issuing a traffic citation? We have been told that the Highway Maintenance Division will remove signs in the right of way. Where is the official communication to this effect? To whom and how shall we refer complaints? Who is responsible for determining the location of the right of way? I would not object to keeping the format of the existing ordinance, given changes that address the above concerns. I did very briefly review the background information for the APA Report 419 which includes a model ordinance. I did not review the model ordinance itself. Some of the ideas proposed made sense. The following suggestions for changes aze a result of that review, combined with my own ideas. Some simplification of regulations would help both the plan reviewer and the person checking in the field. Signs could be categorized as those attached to a building and those freestanding or attached to non-building structures. Requirements can include maximum SIGN REGS. P. 3 of 3 Kiran Emler 10/8/97 sign azea based on the size of the building and not be allowed to extend more than a specified amount above or out from a building. Signs hung from projections would have a minimum cleazance above. Those attached to the face of projections should not be allowed to extend above or below the projection to which it is attached. Freestanding signs could be limited by the street frontage. This would remove the requirements for maximum number of signs and limit them by total azea only. Of course, sizes allowances would be different for various zones. There should be no exemption for commercial signs. The only sign exemptions should be very clearly defined. Permits should be required for all others and any one displaying a sign should be required to keep a record of the permit to show an inspector upon request. The other alternative is to eliminate permits altogether. Evidence of non-compliance could be a condition for acceptance of a complaint (necessary area calculations, plans and photographs). This will eliminate frivolous complaints. Compliance to the new requirements could be made mandatory within 5 yeazs to eliminate confusion over non-conforming signs. Allowance of offsite signs under certain circumstances should be considered. Administrative variances should also be considered. Keeping the code simple and non-content based (other than exempt signs) with limits on the total allowed azea will assure that the ordinance is fair and therefore constitutional. Public education is the key to enforcement and a simple code will go a long way to improve the present situation. A commentary should be included to assist the officials in charge of enforcement. This will give the official a window on the original intent of the specific code requirements. Thank you for the opportunity to express my opinion! wx.. )UILDING DIVISION'RO[IT1=ct " -4~ • ~ Date:: =~3:~"'=:4 7 . c. w it . ISZ: INITIAUDATE: ~ MFSSA[;F; t ,i f 1 y~1. h •f1.1 r-M~ •~'F}~ V'isVa.L. - ~ Kiran ~ '.;:See Me'~~ _ . l ~ ~ Dwayne ~ Irivesfiga~te & Report ~L Rodney - - : ~ -~ForYour Information - ~ 1°~ Robert ~ ':-Plan Check k' P - Jerry 4 ~ ForYourFile ;1°'~° : Kent - ~ . _ , . . - Take ApproPnate Action . . - Gary ~ ~ ~ :.•Make Copy 8 Retum . _ - Ozzie : r~. PostoriBoard'•-`) - Tommy °Y>: Returrr~'~~,~~'; - Evan ~ i .',Other r See Remarks - Angela +N`~n ~~~~t~~~„~K-R. 'i' _ 'M j rtW.' ~ \ . REMARKS: • ~ ~ ~ - C'or»rv.~ ~ ~wrr ?.P~,~ o» Si Pr%' :pia.-ice ~v~ ~olcz ~Efr; ,r ei/, ~l"r~G • l.~r/~'lO.~~~~~~ ~j ~Jlr~S ~ . a~^% ~JI ;1 i •,i.,,, `l `I, ~ R S Y Y. i r ~ r .,R 'r ti~~ `Y ajti nw -^~,l)ui j 14Ffr r"~.~~ ! "iti , ~,til)' i ~ fr\. K~. ? ~ , r.- = -ww..~.Y'i w ~ )xL~,Syr .o<r~ x f ~ c a. f. ; -7' ~ 7 ~~\j G~ .~L ,7.4.~L. Yl ~ ~7 ~ C\,~' .Mw-S~. ~,;Sn~.. ,L..r ,,,.P1.H..,,,Z .Q~i'1*cc74.R..e,, rn•~..ti ~ .6e W.r+~ ~~G.~ ©.(R,...~.n,y~ .m ,1.~..~.T~..dfi., Z~ _ U~-w+-~.~, ~.n ~G Yom... ~ = ~e..~ Q'.c```- Research: Sign Ordinances From Other Counties and Miscellaneous Articles i SIGN ORDINANCES FROM OTHER COUNTIES/MUNICIPALITIES Sign Ordinances from the following Counties/Municipalities were obtained and used for reference purposes: Arizona: Mesa California: Cannel Claremont Glendale Laguna Beach Los Altos Mendocino Mission Viego Pasadena San Luis Obispo Santa Barbara Solvang Sunnyvale Florida: Amelia Island Boca Raton Brevard County St. Lucie County Georgia: Dekalb County Hawaii: City & County of Honolulu Hawaii County Kauai Maui Illinois: Village of Beach Park Minnesota: New Brighton Nevada: Las Vegas North Carolina: Rockingham Oregon: Eugene Washington: Issaguah MISCELLANEOUS ARTICLES The following articles were received and used for reference purposes: Title Author Dealing With Change in the Connecticut River Valley: Lincoln Institute of Land Policy and A Design Manual for Conservation and Development the Environmental Law Foundation The Economic Value of On-Premise Signage California Electric Sign Association, the University of San Diego School of Business Administration, the International Sign Association, the Sign Users Council of California, and the Business Identity Council of America A Guideline Code for the Municipal Regulation of A Public Service of the National On-Premise Signs Electric Sign Association (MESA) Sign Regulation for Small and Midsize Communities Eric Damian Kelly and Gary J. Raso Sign Regulation and the Mechanics of Visual A Public Service of the International Communication Sign Association Research: Sample Brochures f 'F t ~ _ r ~ _ _ ~ -c - - - ~ - - _ ~ _ ~ r _ _ _ - _ _ _ _ _ _ f _ _ _ _ _ ! _ _ ~ _ _ _ _ _ _ _ ~y _ _L _ 1 _ _ ~ _ ~ 1 ~ f / _ cC O ~ I c r ~ _ F VJ rn^y J ^y ^N o~ ~'~x"'. City of Sunnyvale 'r.: Planning Division Department of Community Development P.O. Box 3707 Sunnyvale, California 94088-3707 Wal Signs-CD 383 (6/95) Recycled and Recyclable ~y = _ n Y -L J _ _ _ l: C_ _ _ _ _ i _ _ _ _ _ ~ L _ _ _ _ _ ! _ ~ ~ _ 'l w 2 2 - _ _ ~ ~ J < ~ _ _ ~ _ f _ _ f _ _ _ _ ~ L ! _ ~_L ~ ~ L ~_L L - ..L -.L _ _L ~ _ _ ~ ~ r _ _ ~ I _ _ _ :7 - _ _ _ i- ~ ~1 I~ ~ v i 7 ~ a ~ - j - 7C _ - L = ~ = _ _ f r ~ _ _ _ - _ _ _ ~ T • Tc ^7 ~ ~ 3 C ~ n i • T C 1. T_ t ~ T I_ _ 1 J r. ~ J a o _ n r _ - _1 ~ - _ c x = - nr - ~ _ E o o c - < _ - - - _ ~ c _ c _ Tj _ r. _ _ = I _ s • _ c r_ ~ _ s - r ~ - - - c c r • _ < 7 _ 0 o a c~ c ~ m ~o - x - cam' ~ ro c s " 70 A G ® ® 7 I G C x 7G ~ ~ a 7 6 O ~ _ n y~ ~ ~ 'J. W O _ 7O d c A ~ ~ d d~ d i~~ ? r x 2 j d A ~ ~ i. :n O 7C m e C _ n ~ O O m cam.. ~ ~ G d ~ 7 ~ a ~ C - 9 ~ y 9 _ _ i 7O 'rte E G% T. O d )C O > > > .7 y c' 3. m c ~ ~ ~ _ m ~ ~ ~e c d ~ p ? ~ ' a y n c p a = a~ 3 'f. ~ ~ c ~ b m F F = n; P E c S, ' 'a. r ~ ~ 3 ~ Je o c m ~ ~ = v ~ c_ ~ ~ = 7e N.J p O _ C % F y G ~ . - F 9t = ^ r O J C ~ X _ o _ a h ~ ::ate ~ r r J y = _ ~ _ r ~ ~ y s r ^ ~ N ~ N 1 ~ j ~ ^J ~ ~ '~L "7 T:] T_ a _ F ~ r ro ? y ~ c 'c. 2 ~ ~ ~ 2 ~ r r - ~ _ ~ -r. N ~ ~ m _ _ ~ - - - ~ ti = ~ ~ ~ a ~ o = _ ~ ~ ~ _ ~ ~ ~ ~ T - ~j ~ gaR ''~cv~. wq~ ~ ~ ~ ~ - ~ ~ ~ S ~ ~ -G i k~ c. ~ 3 ^J SQ ~ Z ~ Z C L ~ ~ m ~ 7 ]n ~ ~ O ~ = v' a 'e y • ~ `c r3 2 ~ ~ ~ ~ ~ C O ~ ~ r 'I. Q~ .4 ~ J Ci ~ ~ ~ 7 70 fad i L ~ . S R ~ ~ ? ~ m ~ 7 1GC j "I. ~ ri ~I J ~ .-i i - i ]D ~ to W V ~ N ~ ° -i. ? O ~ - C of of ~ e ~ - _ Q ~ ~ ~ _ J ~ ~ 'r' "J ~ N N ~I ~ - - ~ d F 7 'r'. ^J VI T ~ ~ n ~ - S ~ ~ a y 7C - - ~ 1 ni ~'!t'G - ~ C 'ti. ~ - - C m c i ~ ~ ~ % m n ~ ~ I ~ ~ ~ ~ ~ ~ _ mil' ~ -f - _ I y ! _ _ .J _ r _ _ _ _ _ ! i _ _ _ _ f _ _ -L _ _ _ ~ .t _ .1 - _ ! _ _ _ _ _ _ J _ _ C_ _ r • _ _ .L _ O = - y f ~ ~ F - - - - . _ 2 _ _ _ _ _ 1 _ _ - .ti r _ ~ - _ - r -F _ ~ _ ~ _ of ~ - a a - ~ - ~ - . . n _ o _ ~ ~ _ c o 't ~ o • r S E E ~ c- • r^~ I~ •rr^y v J `~~$a Gty of Sunnyvale Planning Division Department of Community Development P.O. Box 3707 Sunnyvale, California 94088-3707 Sign Permtis - CD 381 (6/95) Recycled and Recyclable ~ a ~ ~ _ o c m ~ o y o r 3 s m ~ o ° ~ c E 1 3 o y° Z i ~ n ~ c = m o _ Y m c ~ _ a° m :o _ry c 5 5 - c a c_ r 5 f U f . ~ y - - ~1 C ~ C - .T S ~ '3 ~ . ~ r - ~ L d ~ ~ _ ° • • • • • - - _t J. r _ . - _ _ r. _ - T _ T - - _ _ - _ _ ! _ _ _ z ~ T _ i o= _ - _ ~ ID 2 0 _ _ _ _ ~ 'IO T_ ~ _ _ ~ ~ _ ` _ ~ _ o J _ _ c % T_ ~ ` I - _ ~ I _ ~ ! _ _ • T r ~ ~ - _ _ r _ - - Yv - - ~ _ _ ~ ~ _ - ~ ~ i ~ _ - ~ - _ Y _ - S _ _ _ ~ - - - _ _ _ _ ~ _ _ L - ~ _ ~ L L _ _ _ _ T_ v r - _ - ~ _ - - _ ° - - _ N - _ _ ~ c ? ~ o - - '_r _ _c - c - ~ - r. • - i ~ - - - - _ _ n _ r_ J • - -n - a ' - - _ - _ ! ~ - 1 ~ - ~ _ ? t - _ _ _ c v, r. ~ c _ _ r _ i _ . -T 1 ~ n r i v ~ a;~ ~~~~a=~=- _ 'TO n~?.< ti _.c ° B =_?3 :nom o .o ~.c • w r ~ U ~ ~ ~ ~ ~ cCi r ~ ~ ~ o ~ w ~ s ~ ' :rte o_~-~ c 3-n ~c> aac = r_.f; i ~ _ _ _ _ ' Q O~G C ~ O ~ 'O 00 ^J A D ~ F ~ m ~ ~ ~ ~ - = r ~ ~ - ~a% N - _ _ _ _ 1 ~ _ r = _ - ~ = - - _ ~ - -r, ~ ~ T_ - = o r ~ _ - -r.' c ~ _ - - _ _ _ _ _ i _ n ° - - c r r_ Y- ~ _ r_ . ro - - ~ - _ z _ - ~ c - - - o - _ - _ _ _ r. c - ~ - r--m r ~o o _ _ _ o - ~ cf c _ _ ~ _ _ _ _ o ~ %j _ _ ~ m - - ~ o ~ - r m ~ ~ 7 6~ G S Jc ~ ~ _ _ ~ _ ~ ~ ~ _ n _ _ ~ O ~ R7 ~ - G n _ - _ . T, r. - - ~ _ _ _ oo ~ ~ - ~ - - = 1 - - - O ~ fl N p p - _ _n B _ - - D m _ o z r r_ s_ o m ~ - r ''r. o n~ i _ fi m~ r ~ - ` - c - g - ~ o - o ~ - _ _ ~ _ - ~ s ~ c ` - r I 1 ~ J _ I _ _ i _ f _ _ _ i • _ I .L - _ • 1 _ _ _ i ~L ! _ _ _ _ I ~ ~ _ ! _ _ ~ r _ " oL L 'f. _ ~ _ ~ ~ - L _ f _ "I _ _ ~ C _ _ I. _ _ f ~N V ~ cC~ ~ ~ O ~ O ~ o`top City of Sunnyvale Planning Division Department of Community Development P.O. Box ?707 Sunnyvale, California 94088-3707 How Many and What Type of Signs Can I Have for my Business? - CD 384 (6/95) Recycled and Recyclable -a ~ _ -r. ct i c _ c., - w. _ _i = 1 _ _ _ i ~ _ _ _ I 7 L i _ i '„]I ~ 1 J • _ ~ _ _ _ _ ~ f ~ I. i_ =L y ~j TL ~ ~ I. _ _ .f 'I _ _ .L _ ~ _ _ _ _ _ _ _ ~ _ ~ _ 1~ lD • _ _ _ _ f ~ _ _ _ _ _ ~ - _ _ ~ _ f _ _ _ f _ _ _ ~ _ _ _ i _ ~ _ i _ ~ _ f _ - _ ~ ~ :J _ _ I _ _ ~j , _ _ _ _ _ _ _ _ ~f _ _ _ _ _ f _7 1 _ _ i _ _ _ ..L' _ L _ ! _ _L _L ~ _ _ _ ! _ _ r_ r = - _ < _ ~ _ - n - _ = - - . _ - - ~ ~ r = _ ~ r_ -r. _ c x - _ o ~ • ri=_ = C J_- o= r -r. ~ _ -r. o ~ - _ ~ c d n, - _ - = 3 r ~ r r - _ - _ ? _ - c _ 'i, - ~ r r • ~ ~ r r r. n o ~ o ~ ~ inn = - m r.~a r 1 o g ° _ y O r~ d dQE ~^d c-- n B m ~ 'D < ~ ~ -e o m ~ ~ ~ c n - ~ c~ ~ ~ y 2 S _ p - ~ ~ ~ ~ o ~ O 7 ~ ~ .-0 .j ~ ~ ~ ~ T_ - _ C r. = r T n n _ _ _ - r a ~ ni r ~ y ~ ' - _ 'l. J 1 ~ ~ _ _ _ 1, - f ~ _ = 2 T ~ 7 = _ _ ~ i 7 ~ ~ _ r - . lJ 1 C - n -J' ~ ~ - . Zan ~ t > n o - _ ~ O c_ s _ ~ _ _ 1 x 7D - - ~ = - r r = ~ _ r_' _ _n Ty.~, - _ -~G d I ~ _ /!ate - TJ ~ C1 Rf ^ _ ~ ' ~ ' f = f. ro ~ ~ _ n_ ~ ~ 'i ~:I ~ VJ • rN /U V ~ O A..~ .U C/~ o~~F,',~+,~ Gty of Sunnyvale Planning Division Department of Community Development P.O. Box 3707 Sunnyvale, California 94088-3707 Sign Permits -Application Checklist - CD 388 (6/95) Recycled and Recyclable • c • • • • c" ~ ~ ~ • • • • • • ~ ~ ~ ri, Dv ~ ~ ~ m w cs 'y m r, acs ~v m ~ wram c~S 8 m Q Q~wn~'D ac7 C ~ • ~ m m m ~ S ~ C ~ W m ~ Q, $ w n c-7' = d Z ° ° °J m ~ ~ ~ c~ ~ cd ~ 3~ c ~ -moo a 3 S cb ~ eo O a y ~ $ ~ ~ ~ Q, ~ ~ ~ 3 B 3 ^es~o ~ oa ~ s ° wo 'o' c e £"e ~ ~ ~ S c .-on- m r • c9 O C= C 6 a ~ O i~D C ~ ~ d ~ ~ ~ ~ ~ Ey C a a s m, ~ S ^o n '9 "=7 ~ c~+ C o en o n ao a o E P n ~ w t.~ c o ee o ~e es n, °a ~ n m m? o cs n O n. ~ v o ° ~ ~ ~ ~ ~ cue ~ v ~ ~ ° c C ~ O ~~p ~ ~ ~ v E O ~ ~ ~ ~ 00 v ~ ~ O 6 ~ C O i n ~ ~ ~ ~J ~ 'O ~ ~ U 7 ° °nx Ec3 o mq~ a m WW r, v' u ? Sao a~ ~ ~ cc 'm ~ ~°v .t~s ' c° -°s °c ~ cs < o m m ° o ~ €o B m v°i o ~ 2' n, ° sp' m ~ °cos° ~ ~ 3 ~ ~ ~ ~ o ~ ' m co~u o " ~ co3 c a c~ O n; 'c ~ coo n '3 y c E o ~ a~~'o ~ ~ n S ~ o E c"o em's 0 ° ef9i ~ u°o ~ a 5 n. m c~ ~ ~ ~ o.~a a~'c7 v c~ mb c ~ ~ ~~m g" o ae cs o 3 m B o' e°o ,~a' o, o. ~ m 0e ~ d ~ ~ ~ ~ m ~ cis n ~ ~ ~ m a. ~ ~ d m ~ 6 O. G • • • • • • • - ~ 7 ' ~ ~ t 7 A C S ~ ~ ? ~ 9 o B o. ~ ~ ~ ~ ~ B ~,c v O O r C r ~ O C a J D ~Z - -r. '~.o X Z'~Vf _ r. T~ _ x [G - 'nom,' ~ t C r ~ ~ f. Research: Council Actions on Sign Variances A REVIEW OF COUNCIL ACTIONS ON SIGN VARIANCES 1989 - 1997 Charmaine T. Doran, Legislative Assistant Legislative Auditors Office Attached for your review is information about applications for variance from Chapter 3 of the Hawaii County Code, which were made to the Hawaii County Council between 1989 and 1997. This material, obtained from County Clerk records and the County index system, reflects the following: 1. Total Applications for Variance: 36 2. Applications made after receiving a Special or U.ce Permit: l5 3. Applications made requesting additional signage: S q. Application made requesting larger signs: q S. Applications made requesting both 3d'cq: 3 6. Applications made far other purposes: 9 The above data indicates that 42% of the variance applications aze from businesses who are granted Special or Use Permits. There appeazs to be no other distinguishing tendencies or links between an application for variance and the justification behind such. Observations: 1. There is no application form that would assure complete and standardized information. 2. There is no explanation for the applicant to know what the procedures are for Council action. 3. Council actions have been justified by a range of reasons from little discussion to very detailed committee reports. Recommendations: L The Council should adopt a clear procedure for processing and reviewing variances applications. 2. The Hawaii County Code should be amended to allow those which have been granted a Special Permit or Uses which have been granted a Special Permit or a use permit to erect a sign in accordance with the zone district in which the use is permitted. Implementing a variance procedure and providing for Special and Use Permit situations in the proposed draft would decrease the number of variances coming before the Council and expedite the existing process as a whole. U A N .J Oo W N N ~ N N O ~D ~p ~ O b ~ m A O pp ~ ~ wd W n ~ ~a H f m m ~ ~ s ~ A' O w <o 0 o x x x b r. a ~ ' w m ~ w o o c=i A ~ w r. w ~ n n ~ c n. 'v a arc m m ~ m' a w' o `a °o o' a+' m w m' C w G~ ? y~ p ~ ~ ~ A ~ ~ ~ y ~ ~ ~ T N y ~ ~ ^ ro '5 ~ ? ~ w ~ w n. N ~ y ~ ? ~ w n. m o. a h io ~ a c, a ~ Y a a~ c z d O ~ a~ a ~ C rn w ~ ~ O 'z » ~ ~ ~ n w O w„• m n ~B'O g ? ~c p rn o ~ 3 a o ~ d v. O y„r ~ ~ ~ B `w s 00 ~ f ,a m ~p ~ ~ ~ ~ ~ 6 y y ~ y O O O O O O p p O W N A ? oJO O' N N to In pp W ~ ~ ~ Q\ J N J J O C 'S ~ ~'p ` ~ b 'O ~ m ~ O ~ O Pi O+ b V ~ ~ m n m ~ n. o. o. ° ~ ~ rn m ~ 0o N N ~ ~ tD a O Cb o ~ ; ~ a o ma n ~•b O ~ C N N a o. ~r _ rn O ~ O y .7 O' w r~ v ° of `D o•~ 3 ~ R o' m ~ A ~ rt y S D. w ~ ~O oo oo N N p J ~ A to b O w N N N N N n sw c ~ y D (~n(~ ~C]pz~ 'v ~C t7 ~ °O y' ~ O ~ N X 'O ~ ~ ° H ? ' d N y C~ G. O y N CJ ° w .w. m " o _ m o w w c o w o m ~ ~ a o ~ Pte'' f,- m a o x x ~ o d x x ~ o' a' E o v c' g d w ~ m S N w m -1 O F n r B ° C v~ o ~ rt~° y p y N A+ O to _ H m a c ~ b o ° N y d ~ 5 ~ N 'a 9 d, r'3 ~ ~ £ w ' ~ ° 9 w ~ y ~ lD O' fD N (D ~n E ° rn y o. w y w - ~ n. ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ ~ ~ N w O ro b ' y~ ~ y O CJ C7 A k d in C7 a ~ p d d n rt~ d d VI S (D ~ 1 CJ ~ N VI ~ N ~ C 'O W O ~ O -wi ~ C z w .Q O n o O tD N ~ ~ _tr' ~ O' O' O O G y ~ 2 b N ry m ~ A N co w K ro fD rv O~ y G. O O m m 's ° `0.° c o. w 5 3 00 c o- o- ° a• ~ ° o c m ~ 5' y ° i~ 5' 5 0 ~ 5' ~ N-+ y 00 ~ y \O N N ~ \_rl V n n n ° ° 3 w pNp A w Oo A ~ ~ ~ a a 9 ~ 'o v a 'o ~ ti 0 0 a a o a, N ~ W0 N O ~ ~ b w w N a d a m a w \r N .J \ N W O ~ ~p ~O J N _ J N Obi ~ N A ~ w p y w O ny w ~ ~ ~ a ~ ~ T o w ~ ~ ~ ~ w n = v rn rn x x_ x x x x x x ~ Sr o w m ~ w w ~ ° ~ v <o S R7 m w ~ o rt 7 d rv a s " a rv ~ F °o° c ~ n0 ~ m w _ ~ m O m~ '0 m~ ~ H~ b 7 n~ ~ y ro H ti N ~ ~ N pp (/Q b0 ke Ro ~ H ~ rv ~ w ~ ao 4 ~ N 't ~ tD N .-e !p oa m ao ~ m 4 w rn ~ .n ~ a ~ w .w.y a 'o o y c £ o. ~ -on w n. ~ ~ N T^ VI pul z z b b z b z ~ b va a a ~ ~ a d ~ y ~ ~ ~ ~ ~ c o o. d d ~ d A7 v O O N. w ° W ° ~ o' 5 0 0 ° ~ ~ O~ u n O R A W O 'O a =O rt 3 y o r`o ~ ~ ~ < oo LT a ~ f ° rt m° ~D ~ ~ w ~.r m " o \O ~ J C7 C7 C] C] C7 C7 n C] ~ 3 3 9 3 3 3 9 3 ~ 0 0 oUO w ~ A N A ~ ~ W J b A ~ a a a a s ~ a a a ~ b v b v a a ~ ~ b o 'o o 'o o 'm o 0 0 n a a a n. ° fD rn a a a w A A N ~ Oo l:~ N .J O N U V~ ~ a U lp ~ ~ ~ In A A p ' J J A N_ N_ .J ~ ~ N A A ~ ~ W ~ ~ A J O A W ~ W w y m a ~ m ° ~ ry ~ ~ ~ ° Y m T ~ ° B ~ _ ~ w y ~ °a ~ s w n rn o- ~ ? o. £ < ~ x ~ x_ x x g x c x a w o 3 0 o w ~ ~ o m m Cn c w ~ T M o m .o ao w r cro' wa y ~ ~ C a ~ r" ~ ? C tl0 ~ ? a N N (D ry ry ~ ~ c~ ~ CO y rn 5 ~ ~D Uo y b b N b r. !D o y 1 y O~ ~ b o rt "h m ~ H ~ r. r N w ~ N _a w ~yi, ~ O ~ ~ ~ O~ y m 5 ~ y y ao w R~ a m k m to rn a ao ~ a~ y• a a m o n. w a ~ a~ ~ aoo z z b z o z z z z z `v a ~ a ~ a a a a a 0 0 ~ o o p ~ N ~ ~ 0 y V V V D O O O O O O A A N .J O O O N OAO A W VNi ~ A ~D O 'd ~ 'D L b b 'O 'D 9 b ~ b 'O 'O b 'O 'C b o ~ o 'o 'o 'o o 'o 'o w a U 6 Q, d Q. N N N ~ a a 6 ~ ~ J A N ~ N N N w N N O W N N _ ~ ~O ~p J ~ ~p D\ 00 J J J ~D lp ~ ~ ~ dz e d 6 w m ~ m ~ T m °i ~'aw N N d~ d "1 N "1 N N lD N_ 00 5 T^ V, z ~ a C a~ a~' A ~ ~ h~+ ~D J (1 0 9 B A N A a b '1 C N 6 b J J Research: Legal Opinions ~w~r or NaK Stephen K. Yamuhiro Richard Wurdeman Mayor Corporation Coan,el .i•' (~II1t2tf~T II~ ~ttfuttiT OFFICE OF THE CORPORATION COUNSEL lOl Aupuni Street, Suite ]25 • Hilo, Havai'i 96'720-4262 • (808) 96(.8251 • Fa: (808) %(.8622 31 July 1997 OPINION N0. 97-1 ca C7 ~ ~ C1 c Dominic Yagong, Chair and ~ yj Members = r. ~ Public Works and Parks Committee ~ Hawaii County Council ~ J 25 Aupuni Street = Hilo, Hawaii 96720 iv ,_t z~ c SUBJECT: SIGN VARIANCE REQUEST ~ 1Discrimination in Enforcement) Dear Chair Yagong and Members: In your letter of July 24, 1997, you asked for recommendations and comments on the request of the Jose Business Trust for a variance which would permit the continuing display of flags or banners at International Motors in Kona. Pursuant to Section 3-5 of the Hawaii County Code, the Council may grant a variance to an applicant for a sign permit, upon a finding that enforcement would work a hardship upon the applicant and that granting a variance would not be contrary to the spirit and purpose of this article and the public interest. Such a finding is within your discretion, and it would not be appropriate for me to interfere with that discretion by suggesting the result. There are some facets of this case that disturb me. Mr. Van Pernis, in his letter accompanying the request for a variance, argues that flags are not signs, and that the failure to cite other similarly situated violaters constitutes "discrimination". Is a Flaa a Sian? The County Code, §3-2(8) defines a sign as: Comm. Dio.~~_ F1le xo. ADS/ ,I,O1 Prz<ented- r~yP[~ _ ~1G 0 4 1007 Dominic Yagong, Ch 31 July 1997 Page 2 "Sign' means any sign, device, figure, painting, drawing, message, placard, poster, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee-sign, awning, canopy, and street clock, and includes any announcement, declaration, demonstration, display, illustration, or insignia, used to advertise or promote the interests of any persons when it is placed out of doors on real property on buildings or structures on real property or buildings in view of the general public. While the word flag or banner is not separately enumerated in this definition, we believe that the use of such generic words as 'device" clearly encompasses flags. Additionally, the special provisions for "temporary banners", HCC §3-2(9) 3-32(b), demonstrate a clear intent to include banners or flags within the Ordinance. Does the Failure to Enforce the Ordinance against other Car Dealers Constitute a Denial of Eaual Protection of th Law7 In his letter of July 13, 1997 to the Committee Chair, the attorney for the applicant alleges that "the County has not significantly enforced Chapter 3 as to numbers of signs or flags". He goes on to leap to the conclusion that such a failure constitutes the favoring of one competitor another, and might be actionable. The test for showing discriminatory enforcement of the law can be found in State v. Kailua Auto Wreckers, inc. 62 Haw. 222 (1980). What must be shown is intentional or purposeful discrimination, that is deliberately based upon an unjustifiable standard such as race, religion or some other arbitrary classification. The mere showing that others have not been prosecuted, or that there is a laaity in enforcement, is not sufficient. Ibid at 227. while it is doubtful that such a showing could be made in this case, the practice of basing code enforcement entirely upon complaints, as seems to often be the case in this County, is troubling. While there is not unanimity of opinion on this point, the Courts in New York State have pointed out that such a practice results in the "surrender to private parties and interest groups who without constraint may manipulate the law for purely private purposes." People v. T. S. Klein Corn., 381 NYS 2d 787, 790 (Misc 1976). And therefore result in a denial of constitutional protection. Dominic Yagong, C r 31 July 1997 Page 3 In Fav's Incorporated v. New York State D partm nt of Health, 695 NYS 2d. 995 (Misc 1996), where enforcement of the prohibition of the sale of tobacco products to minors relied wholly on complaints lodged by an anti-smoking activist group, the court went even further, finding that, no matter how praiseworthy the intention, an impermissible delegation of govermental authority had occurred. A contrary result was reached in Provo v. Hansen, 585 P.2d. 461 (Ut 1978), a case involving an injunction from housing more than the permitted number of students in one dwelling. Even there, however, a dissent by the Chief Justice strongly criticized the practice of permitting known violations unless the neighbors object. Ibid at 463. In any event, this case, as it involves conduct not readily visible to the passerby, is plainly distinguishable. As pointed out by the Court in Klein (supra at 790), some cases are impracticable to enforce by government initiation. where, however, as in sign violations, the alleged violation is "open and notorious, it is the obligation of the legally instituted enforcing body to establish some adequate method to ensure that the guarantee of equal protection under the law...is met." Ibid at 791. To summarize, while I do not believe that the applicant has established the case for discrimination in enforcement of the sign ordinance, the present reported practice of responding only to complaints is fraught with danger. Should the requested variance be denied, it is strongly recommended that enforcement be undertaken against the other violators in the area, some of which are named by the applicant. To close our eyes to the obvious, and proceed against only one of a known group of violators, merely because someone complained, is "an unseemingly state of affairs openly inviting discrimination and harassment of one group by another". People v. Acme Markets, 334 NE 2d 555, 558 (NY 1975). Sincerely, CHARD D. WURDE N Corporation Cou sel RDW:1679Lbre 7 DONALD IKEDA ALAN S. KONISHI County C(rrk (h7ury Counrv C(rrk , q~•a~ •r~~''`` CONSTANCE R. KIRIU OFFICE OF THE COUI~`I"Y CLERK LrR~t(nnvr .ludupr County of Huuuii wwaii County 6uiLlinq zs rluPuni st.tR Hib, Houaii 96720 October 1, 1997 Richard Wurdeman Corporation Counsel lOl Aupuni Street, Suite 325 Hilo, Hawaii 96720 Dear Mr. Wurdeman: Subject: Request for Legal Opinion Regazding Regulating Signs and Advertising To assist us in our efforts to revise Chapter 3, Hawaii County Code, relating to signs and advertising, we respectfully request your guidance regarding the legal considerations that we should be aware of as we review and propose amendments to this chapter. In order to facilitate the process, we have attempted to compile a list of some of the fundamental legal questions associated with the regulation of signs and advertising. Your advice relating to these questions will provide us with the legal framework we need in order to begin to analyze the issue and compile a draft bill. We realize that this is an extensive list of questions and are grateful for any guidance you can offer. A. Constitutional Considerations 1. What constitutional protections apply to signs and advertisements as a form of speech, as a forth of property, or otherwise? 2. Given these constitutional protections, under what circumstances, i.e. for what reasons or to promote what interests, may the County of Hawaii regulate constitutionally protected speech, property, or other interests? B. Other Laws Are there any other laws or regulations that the County's sign code should conform to or be consistent with, such as the State of Hawaii's outdoor advertising law? If so, what provisions or standards does our sign code need to conform to or be consistent with? Mr. Wurdeman October 1, 1997 Page Two C. ulatine to Promote Aesthetic Standards 1. To what degree and/or under what circumstances may the County of Hawaii regulate signs and advertising in order to promote or protect aesthetic standazds? 2. Is the promotion or protection of aesthetic standazds a sufficient basis, in and of itself, to regulate constitutionally protected interests? D. Relating to Control the Content of Siens and Advertisements To what degree and/or under what circumstances may the County of Hawaii regulate signs and advertising in order to control the content of signs and advertisements? E. Basis of Reeulations To what degree must a relationship between the regulation and the interest it seeks to advance be shown and who must prove the relationship? F. Remediation 1. To what extent may the County of Hawaii require owners to modify or remove signs that do not conform to the County's regulations? 2. To what extent may County personnel modify or remove non-conforming signs? G. Location of $jgns or Advertisements to be Reculated 1. To what degree may the County regulate sign structure, size, lighting, materials, and location upon private property, County property, State property, and Federal property? 2. To what degree do the County's sign and advertising restrictions apply to property owned by the Department of Hawaiian Homelands? Mr. Wurdeman October 1, 1997 Page Three H. Other Considerations Your guidance and advice regarding any other aspects of regulating signs and advertising you believe to be important would be appreciated. I. past Opinions In order to benefit from the research your office has already done on this matter, we requested copies of some of the legal opinions relating to signs and advertising that had previously been issued by your office. A copy of an index of the opinions provided by your office to us is attached, with the opinions submitted to us highlighted. Because many of these opinions were issued many yeazs ago, please indicate which we may still rely upon. The Council has requested that the task force submit a draft bill by December 31, 1997. Consequently, we request your response to these questions before October 24, 1997 as the analysis phase of the project will begin shortly thereafter. Again, we realize that this is an extensive request. [f a complete response by October 24th will not be possible, please notify us as to what portions of the request can be accommodated. Your assistance in clarifying the legal parameters for this effort at the initiation of our project will be greatly appreciated. Thank you very much. Sincerely, C~~1,(,~ Connie Kiriu Legislative Auditor Ic Enclosure (Index of Opinions) cc: Task Force Members '10/78 Police Chief posting of signs nn Banyan Garcia_"`~ Peninsula. d /13/79 Research/Dev. Highways - placing of "welcome' Menezes % banners across highway. - /3/81 Council SIGNS, control of size. Meneze~ (Lai) /29/62 Council Chapter 10, Sign Regulations; and O'Toole (Yamashiro) Chapter 19, Special Regulations - Kailua Village. --are they conflicting? 12/9/82 water Supply "NO Trespassing" signs to be posted Richardson for watershed areas. 11/7/83 Parks {Ja rninq signs --use of at unstaffed Yeh County park facilities. /23/84 Research L Proposed "welcome signs' at airports. O'Toole - Development --potential liability against County. 0/3/84 Leg. Auditor Temporary banners on public Lim • thoroughfares and sidewalks. 10/29/84 Leg. Auditor Temporary banners over public Lim See also memo thoroughfares. dated 10/3/84.. (also attached suggested draft of ordinance). 4/4/85 Council Si nn Ordinance --proposed amendment ibarra/~y~ (Lai) wnic a ows one canvas marquee sign. Lui-Kwan --comments to. x/19/65 Finance "Overweight County vehicle" on Garcia ~ Wailoa Bridge. --no signs re weight limitation on bridge. --Zs State's citation properl 1/4/86 Council Legislation to allow Appeals Board ~ ibarra/®~ (Lai) to grant variances from the ~ Lui-Kwan ordinance. 12/15/86 Mayor Proposed Ordinance (Bill 218), relating Ibarra~ to advertising and signs (ordinance Lui-Kwai amends parts of the Kailua Village Sign Ordinance) 4/7/87 Public Works Golf cart crossing. Chung what are County's responsibilities. --is county obligated to install signs? s'iytis - / 10/26/87 C~--cil Construction/inst-'lation of wag ne r/Chunq~ (C ) si ns on public arty for the Nei hbo rhood Watc. .rogram. ega prob e1 ms. l/3/87 County Clerk Stone graffiti (visible in the O'Toole Queen Kaahumanu Highway area). --whether it is a violation of of the littering or sign ordinances. 1/19/87 Parks Posting of sign-s-. Giannini ' --obligation of County to place warning signs concerning high seas and dangerous surf conditions. /29/88 Finance Proposed sign to designate historical Takase' residential properties (Hiato ric•Hawaii Fo undalion) --Zf do owner of a historic residential pr~party would be available, fie the County exposed to liability? --May a brochure located at the Finance Director's office be considered in lieu of a sign at site with brief summary? 6/]0/88 prosecuting ~ Constitutionality of HCC 524-194 (a)(1) Giannini Attorney in view of Judge semuel Kinq'a decision in Beetleboards of America vs. Cite i Co my o Hono~lu. Ju ga King ruled That CC HOnO u u or finance regulating - commercial s ech was unconstitutional. -ro person spark a vehicle upon any highway wMra such vehicle displays a for sale sign. 9/6/88 Mayor Drafted ordinance concerning e~x~am.Pt sus. Ciannin~ (Ibarra) (done in reponse to Corp. Counsel opinion • of 7/21/88 stating that HCC 53-32 is unconstitutional due to its improper content-based discrimination between commercial end non-commercial epee ch.) sus ~yo -3•f39f46 Parks Advertisement banners and si ns. Shiigi~ --w et er it is permiss3 a to allow ~iiiiit~~~'~~~ commercial signs~or banners to be displayed in the Civic Auditorium during special tournaments and events. --Answer: No. --Drafted ordinance to allow display of banners and signs by commercial companies in public parka. 10/4/90 Parks i Slgn --warning of hazard. Chung ' Recreation --Caclsmith Beach Peck. Metal stairway vas instal~ieo o} persons unknown for the purpose of assisting beachgoers in entering and existing the eater; recently a woman tut her Coot on a deteriorated step; step vas repaired. 2/4/31 Council Sign ordinance. Giannin i (Lai) --Am. Savings Bank building, which has a wall sign on the side adjacent to Mamalehoa Highway, wishes to place a second wall sign which will be viewable Ccom the highway. May it get a permit' for the sign, oc must it request for a verianee from [ha Council. --Must County Code Section 3-29, relating to signs permitted in commercial and industrial districts, be amended Cot purposes of clarity? 10/10/91 .ic Works Debris on beach, .:tion 46-12, HRS. Matsukava --The vessel a[ the shore along the Old Rona Inn is washing up debris. The County has a duty Co secure the same. IC should at least tag and mark the vessel and debris with signs of "keep of" "danger", etc. 12/10/92 Signs/General Landlord should inform tenants to Public works remove illegal signs from county Ciannini rights of way or the county will enforce sign ordinance pursuant to HCC §§3-13, 3-14 and 3-15. 10/1/93 Public Works/ Ourtdoor murals that contain~no Takase Outdoor Signs commercial advertisements are not subject to the sign ordinance. However, consideration should•be given to the legislative inten[ of sign regulation. FILED: Pub11c Works 10/15/93 Legislstive (1) Political sign waving can't be ~ Ciannini Auditor; Signs Canned completely; (2) sign waving ordinances must ba content neutral, must promote s compelling state . interest and must be the least drastic means of accomplishing task; (3) sign waving on sidewalks cannot ba banned totally because sidewalks ere public forums under the Ciret amendment. FILED: Council 11/24/93 Public Works/ 1) Where signs violste Chapter 3 of Cisnnini~ Signs the code they may be immediately confiscated only if they create imsediate hazard or peril; 2) where signs are confiscated they should be photographed, measured and returned to owner. '/17/96 Kailua Village Proposal for ordinance which Giannini Signs extends Planning Director's power of administrative enforcement to the Kailua Villega sign laws in Chapter 3, Hawaii County Code. ?ILED: Planning 2/27/97 Council Sidewalk Use Permits. Wurdeman Signs S~~'9ns ~.t: DONALD IKEDA ALAN S. KONISHI , Drpury County Cltrk ~1r' • • f''~` t~,i. CONSTANCE R. KIRIU OFFICE OF `FHE COU,'~(`I'Y CLERK ``g"r°"'°'"'`"°' County of Hauvii Hauati County Building 25 Aupuni Strrtt Hib, Hawaii 96720 November 6, 1997 Richard Wurdeman Corporation Counsel l0l Aupuni Street, Suite 325 Hilo, Hawaii 96720 Dear Mr. Wurdeman: Subject: Request for legal opinion regarding the Planning Commission's authority to grant variances from the provisions of the County Code relating to Kailua Village signs Background: Section 5-4.3(e), Hawaii County Charter, provides that the County Planning Commission may "Hear and determine appeals requesting variances or other exceptions from the subdivision and zoning ordinances.... " However, section 3-62, of the Hawaii County Code, provides that the Planning Commission may grant variances from the provisions of article 2, of chapter 3, relating to signs in Kailua Village. An attached memorandum from Planning Director Virginia Goldstein contains background on this matter. Paragraph two of this memorandum contains the pertinent language. Questions: 1) Section 3-62 authorizes the Planning Commission to grant a variance from the sign code rather than from the subdivision or zoning ordinance. Is this an impermissible extension of the authority granted to the Planning Commission by the Hawaii County Charter? 2) Section 5-4.2(h), Hawaii County Charter, charges the Planning Director with the responsibility to approve variances "as provided by law." Would a delegation of authority to the Planning Director, in section 3-62 of the Hawaii County Code, to grant variances relating to signs in Kailua Village be permissible? V Mr. Wurdeman November 6, 1997 Page Two As the Council has directed us to draft a bill that revises the sign code by December 31, 1997, we request your response to these questions by November 20, 1997. As always, we greatly appreciate your assistance. Thank you very much. Sincerely, 111/ire ~(~(r,. Connie Kiriu Legislative Auditor CK/LC:Ic Enclosure (Memo of 10/8/97) cc: Task Force Members Y „1V OI N1 4~ !L7 K. Stephen K. Yamashiro ~ Richard Wurdeman Mayor CerporaNon Counsel iy : aIf 0; •M'~ ~>7unf~r n~ ~ttfuttit OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Steee[, Suite 325 • Hilo, Hawaii 96120.4262 • (808) %1.8251 • Fax (808) 961-8622 November 19, 1997 TO: Connie Kiriu, Legislative Auditor y FROM: Frederick Giannini, Depury Corporation Counsel/ RE: Planning Commission's Legal Authority to Grant Sign Variances in Kailua-Kona This is in response to your questions of November 6, 1997 about the Planning Commission's authority under Hawaii County Code §3-62 to grant variances to the sign ordinances that are applicable in Kailua Village. The specific questions raised were: 1. Is §3-62's authorization of the Planning Commission to grant sign variances impermissible under the County Charter? Our response is that it is an impermissible grant of authority and that §3-62 is invalid. 2. Would a change in the Code to have the Planning Director grant sign variances be consistent with the Charter? Our response is that such a change would be valid. Advertising and signs are regulated by Chapter 3 of the Hawaii County Code, which requires that, unless otherwise provided by the chapter, all signs must obtain a written permit from the Chief Engineer. Hawaii County Code §3-3. Section 3-5 of the Code provides that variances from the sign regulations may be granted by the County Council. An exception for this process is provided by Article 2 of Chapter 3, which regulates signs in the Kailua-Kona Village district, setting up a procedure by which a person who wants to construct or enlarge a sign in the Kailua Village district must submit applications to the Kailua Village Design Commission for its recommendation. The design commission considers the application and makes a recommendation to the Planning Director, who grants or denies the application. Hawaii County Code §3-59. The County Code, in §§3-62 and 3-63, provides for the Planning Commission to grant variances for Kailua Village sign applicants. Any ordinance must conform to, be Y Memo to Connie Kiriu Page -2- November 19, 1997 subordinate to, not conflict with and not exceed the County Charter. Fast v. City Council of the Ciry and County of Honolulu, 72 Hawaii 513, 518 (1992). The Hawaii County Planning Commission is established by §5-4.3 of the County Charter, which sets out its powers and duties, including the following: (e) Hear and determine appeals requesting variances or other exceptions from the subdivision and zoning ordinances where, due to special conditions, a literal enforcement of the enforcement of the provisions of the ordinances will result in unnecessary hardship and the granting of the variances or other exceptions will not contrary to the public interest. [Emphasis supplied.] The Charter limits the Planning Commission's authority to grant variances to the subdivision and zoning codes, and does not include the sign ordinance. Therefore, those sections of Chapter 3 of the Code which assign this duty to the Planning Commission are invalid because they are contrary to the Charter. As you have noted, §5-4.2(h) of the Hawaii County Charter states that among the powers and duties of the Planning Director are that the Director: (h) Be charged with the approval of variances as provided by law, [Emphasis supplied.] Pursuant to this section, the County Council could amend Hawaii County Code §3-62 to read that variances from the sign ordinance may be granted by the Planning Director. This would be consistent with the Charter and would remove the above-noted invalidity concerning the Planning Commission's granting of such variances. The Director's decision concerning sign variances would be appealable to the Board of Appeals, as provided by §5-6.3 of the Charter, which states that the Board shall hear and determine all appeals from the Planning Director and Planning Commission. Please contact this office if there are any questions. FG:ch comm:a/variance Synthesis Sign Code Revision Major Comments and Suggestions December 31, 1997 The attached check list attempts to compile some of the major comments/suggestions offered during our comment period. Options which would respond to the comments as well as the actions taken in the draft bill are listed as well. The limited amount of time and the complexity of the subject limited our ability to include every comment or suggestion that was offered. Consequently this is an attempt to list some of the most often heazd comments. The Function of Signs m n i n Action Visitors as well as local Permit permanent ~ Allowed in present code. residents should be able to on-premise signs. locate permanent businesses and ~ To help people locate ~ Suggestion for future destinations. towns and major consideration. destinations located off of main travelways, work with the State Dept. of Transp.to design & install destination signs similar to Hawaii Visitors Bureau signs. This should be one good sized sign that identifies what is available, i.e. food, gas, lodging. This sign shouldn't mention the names of the specific establishments. ~ Encourage private sector ~ Suggestion for future to develop other means to consideration. advertise and promote local businesses. Suggestions included: fold-out maps and directories for visitors. Temporary signs should ~ Allow temporary signage 1. Temporary signs be allowed to publicize for community events. displayed for periods not temporary community exceeding 7 days aze events. exempt from permit requirement. Sec.3-4- 3(1)(D). 2. Temporary signs and banners are allowed with permits in all districts. Sec. 3-4-4(1). 1 A Signs should be allowed The law discourages ~ Did not address in bill. for identification but not distinguishing advertising. between signs on the basis of content. 2 The Sign Code: Clarity and Content Comment O ion A i n The code should be clear ~ Organize law to facilitate ~ Reorganized code to and easy to understand. understanding. group major provisions Sections that conflict, are together. Considered ambiguous, or unclear ~ Use simple language. organization in NESA should be revised. Guideline Sign Code, San Language that is confusing ~ Provide illustrative Luis Obispo, CA, Amelia or overly technical should graphics where Island, FL., Village of be simplified. appropriate in the code. Beach Park, IL.,Las Vegas, NV., & ~ Keep the code simple. Rockingham, NC. Wherever possible rewrote unclear sentences by using simpler language and divided lengthy definitions or sentences into parts to promote clarity. Ex. Sec. 3-2-1, definition of "sign.' ~ Tried to eliminate ambiguity. See sec. 3-4- 1 re. type, number, size of signs permissible. ~ Illustrative graphics should be considered wherever possible. The code should contain ~ Add purpose statement. ~ Added in sec. 3-1-1. an objective or purpose statement. 1 Comment i n A i n Definition of what is a ~ Amend definition of sign. Limited efforts to sign should include aerial clarifying existing advertising, murals, definition. Language banners, sandwich boards, which expanded objects, window displays. definition to include window displays deleted due to concern about difficulties in defining regulated activities. This problem was the biggest detriment to expanding the definition. Note scope of present definition is quite broad. The code should clearly ~ Add appropriate language. ~ Existing language specify how to define the retained in sec. 3-3-1. size of a sign. Also added language which addresses how to compute the size of multi-faced signs in sec. 3-3-2. In high traffic/visibility ~ Establish minimum ~ Due to limited time and areas, signs should be County standards that resources, did not address small but readable by contain standards re. font this issue at this time. people with normal vision. size and sign size. The size of signs should ~ Establish different sign ~ Existing language in code vary depending on size allowances depending reflects this. Draft bill whether you are in a on district. reduced categories to commercial or residential two: residential and other. area. As in existing law, sign size and type allowed in residential districts is far more restrictive in draft bill. 2 Comment O i n A i n The code should treat ~ The present code does not lazge and small businesses distinguish between the fairly and equally in the size of businesses. number and size of signs it Did not change neutrality allows per business. of the law on this point. Each locale needs to be ~ Amend law to address Because of the range of taken into consideration in unique situations. unique situations this is defining the number and difficult to legislate. size of signs that should be Retained variance allowed. Some areas have provisions in existing law physical or geographical to allow some flexibility limitations that affect the in application of law. In feasible size and number general tried to keep code of signage, as general as possible to promote simplicity. The code should not allow ~ Allow maximum number r Combined districts into too many signs or signs and size of signs possible two. Sign size allowances that aze too large or too without compromising increased to varying small as they distract safety and visual concerns. degrees. Implications motorists and are should be considered. unsightly. However, the code should not overly restrict the number and size of signs allowed. Because we have a tourist ~ Aesthetic issue. Set ~ The existing code does based economy, attractive minimal County standazds not regulate aesthetics. signage that is consistent that support County land In drafting this bill, with the surrounding use and zoning stayed within this community can benefit philosophy. At a framework. business. minimum, to promote minimal attractiveness ~ A number of counties require: have done considerable a. consistency in sign style work in this azea, most and shape per property; notably through the b. continuity in color, style, creation of design etc. to promote blending commissions. This is a architecture/surrounding significant commitment of time and resources. 3 Comment i n i n Given the present lack of manpower to even enforce the code, it might be more feasible to consider this at a later time. The code should allow Did not address in this communities to have draft for reasons above. substantial input into the signage that is allowed in This should be addressed their communities. through community development plans because signage is only one of the aspects that affects the visual appeazance of a community. Consequently, special sign rules are often a part of design rules that also address azchitecture, landscaping etc. 4 The Sign Code: Implementation Issues mmn in A in The code should be easy ~ Provide guidelines that ~ Implementation issue. to understand. summarize the Follow-up with DPW applicable law and needed. contain explanatory graphics. The public should be made ~ Identify strategies to ~ Implementation issue. aware about the sign code. make public more Follow-up with DPW aware. needed. ~ Make information ~ Implementation issue. available to companies Follow-up with before they invest in DPW/Planning needed. their signage. Identify early point in land use permit process where information might be distributed. Perhaps a community welcome wagon for new businesses could assist in this. Make information ~ Implementation issue. available to sign Council follow-up with companies. DPW needed. An increase in enforcement ~ Amend law. ~ Amended sec. 3-5-6 to should be accompanied by clarify permit process. a clear and user friendly permitting process. I mm i n Ac i Denials of sign applications ~ Amend law to require. Done. See sec. 3-5-6. should be in writing with an explanation of the reason for the denial. Enforcement of the code is ~ Amend law to make ~ Did not address in this necessary to assure property owners or draft. Consider in future. compliance. Enforcement developers also efforts need to be responsible for promoted. compliance with the code. ~ Amend law to require Fee structure in sec. 3-7- sign companies to 1 is intended to receive a copy of a encourage this by valid sign permit prior increasing the fee to constructing or significantly for those erecting a sign. who construct a sign without permit. ~ Enable enforcement ~ Possible language has staff to immediately been appended to end of remove illegal enforcement section for temporary signs. consideration. ~ Amend law by adding ~ Done. See article 10 and administrative bill creating hearings enforcement provisions board. to expedite enforcement process. ~ Amend law to enable ~ Not addressed. Subject parking meter for future discussion. attendants to issue "tickets" to sign law violators. 2 mm O ins A i n A lag time/grace period to ~ Amend law. ~ Accomplished by allow businesses to come delaying effective date into compliance with the six months from date of law should be allowed. adoption by council. The variance process ~ The law should specify ~ No change made to law. should be improved. under what conditions a Recommend further variance maybe discussion on this. granted. ~ If the number of ~ Done. See sec. 3-4-1(c) variances granted fora re. special and use specific section is permits. excessive, consideration should be made to amending the section The same body which ~ Not changed re. General implements and provisions. This is also enforces the code worthy of discussion re. should be responsible Kailua Village sign for granting vaziances. program. The implementation and ~ Assign to Department Recommend further enforcement of the Kailua of Public Works or discussion re. this. Village sign laws should be Planning Department. assigned to one department. 3 Draft Bill Amending Chapter 3 Sign Code Task Force Chapter 3 -Discussion Draft December 31, 1997 Table of Contents Article 1 Findings, Purpose, and Scope 1 -Findings and Purpose pg. 3 2-Scope .....................................pg.5 Article 2 Definitions 1 -Definitions of "Sign" and Types of Signs pg. 6 2 -General Definitions pg. 7 Article 3 Sign Area 1 -Size of Signs pg. 10 2 - Multifaced Signs pg. 10 Article 4 Sign Regulations 1 -Type, Number, and Size of Signs Permissible pg. 12 2 -Signs Prohibited in all Districts pg. 13 3 -Exempt Signs pg. 13 4 -Signs Allowed With Permits, in all Districts pg. 16 5 -Signs Permitted in Residential Districts pg. 17 6 -Signs Permitted in all Other Districts pg. 17 Article 5 Permits 1 -Permits Required pg. 20 2 -Building Permits pg. 20 3 -Illuminated Signs pg. 20 4 -Permit Application pg. 21 5 -Compliance With Chapter pg. 21 6 -Action on Permit Application pg. 21 7 -Permit Contents and Record pg. 23 8 -Inspection Upon Completion pg. 23 9 -Time limit on Permit pg. 23 10 -Transferability of Permit pg. 24 Article 6 Variances ] -Variances pg. 25 Article 7 Fees 1 -Permit Fees pg. 26 2 -Disposition of Fees pg. 26 1 Article 8 Construction, Location, and Maintenance Specifications Division 1. Construction Specifications 1 -Wind Resistance; Support pg. 28 2 -Wood Construction pg. 28 3 -Construction Specifications pg. 28 Division 2. Location Specifications 20 -Obstructing Ingress and Egress; Obstructing Fire-Related Structures pg. 28 21 -Interference With Public Alarms; Signals and Signs pg. 29 22 -Projections Beyond Property Line pg. 29 23 -Distance Above Ground of Projecting Signs pg. 29 24 -Height Above Buildings pg. 30 Division 3. Maintenance 30 -Maintenance Specifications pg. 30 Article 9 Nonconforming Signs 1 -Signs Erected Prior to Effective Date of Chapter pg. 31 Article 10 Violations, Penalties, Enforcement 1 -Violations pg. 32 2 -Administrative Enforcement pg. 32 3 -Criminal Prosecution pg. 34 4 -Injunctive Action pg. 35 5 -Emergency Powers; Procedures pg. 35 6 -Right of Entry for Authorized Personnel pg. 36 7 -Limited Liability of Authorized Personnel pg. 36 8 -Remedies Cumulative pg. 37 Article 11 General Provisions 1 -Administration pg. 41 2 -Compliance With This Chapter and Other Laws pg. 41 3 -Adoption of Rules pg. 41 Article 12 Kailua Village Sec. 3-62 Variances pg. 42 Section 3 Severability pg. 43 Section 4 Effective Date pg. 43 2 AN ORDINANCE REPEALING CHAPTER 3 AND ADOPTING A REVISED CHAPTER 3, OF THE HAWAII COUNTY CODE, RELATING TO SIGNS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3 of the Hawaii County Code is hereby repealed. SECTION 2. The Hawaii County Code is amended by adding a new Chapter 3 which shall read as follows: "CHAPTER 3 SIGNS Article 1. Findings, Purpose and Scope Section 3-I-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) There has been a marked increase in the number and size of signs advertising business activities in the County; [Change. Deleted preceding language, '7n the past few years. ' J (3) 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; (4) 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; 3 (5) 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; (6) The size and location of outdoor signs may, if uncontrolled, constitute an obstacle to effective fire-fighting techniques; (7) 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; (8) 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 [Change. Combined paragraphs and clarified language. J (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. Changes. As noted Source: sec. 3-IJ (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 and consistent enforcement of these sign restrictions. 4 [Change. New language. Source: Kelly/Rasp Model Ordrnance.J Section 3-1-2. Scope. This chapter regulates all signs that are visible from streets in the County of Hawaii. [Change. New Zanguage.J 5 Article 2. Definitions Section 3-2-1. Definitions of "sign" and types of signs. As used in this chapter unless otherwise specified: "Ground sign" means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. [Change. Amended sec. 3-2(2). Source: Kelly/RasoJ "Illuminated sign" means any sign in which the characters, letters, figures, designs, or outlines are illuminated by electric lights or luminous tubes. [No change. Source: sec. 3-2(3)J "Marquee 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, building line or property line. [No change. Source: sec. 3-2(4) & (5)J "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. [Change. Amended sec. 3-2(6). Source: sec. 3-53(a)(17) - Kailua Village article. J "Roof sign" means any sign erected, constructed, and maintained wholly upon and over the roof of any building. [No change. Source: sec. 3-2(7)J 6 "Sign" means any device, figure, painting, drawing, placard, poster, billboard, awning, canopy, street clock, including any announcement, declaration, demonstration, display, illustration, insignia, or message which: 1) Is used to advertise or promote the interests of any person, 2) Is placed out doors, or attached to or placed on buildings or structures, and 3) Is visible from any street. [Change. Amended sec. 3-2(8). Modified existing definition -deleted inclusion of "sign" and types of signs. Restructured definition for clarity. Amended paragraph 3) which formerly stated, "in view of the general puhlic. "J "Temporary sign or banner" means any outdoor decorations or advertising device announcing a meeting or series of meetings if displayed on the premises where the 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, includ- ing but not limited to, sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services. [Change. Amended sec. 3-2(9) by adding temporary "signs" to term. Formerly was "temporary banner. " J "Wall sign" means any sign which is affixed to an exterior wall of any building or structure when the sign projects not more than fifteen inches from the building wall, structure, or its parts. [No change. Source: 3-2(10)J Section 3-2-2. General definitions. As used in this chapter unless otherwise specified: `Business establishment" means a single commercial enterprise. [Change. New Definition. Used rn sec. 3-4-I (b) of this draft bill.] "Chief engineer" means the chief engineer of the county department of public works or 7 their duly authorized representative. (Change. Amended sec. 3-2(I) by adding representative. J "District" means a zoning district as established in the County Zoning Code. This chapter divides the zoning districts into two major categories, "residential" and "other." (a) "Residential district" includes the following districts: (1) RS, single-family residential district; and (2) RD, double-family residential district. (b) "Other district" includes the following districts: (1) BM, multiple-family residential district; (2) RCX, residential commercial mixed district; (3) RA, residential and agricultural district; (4) FA, family agricultural district; (5) A, agricultural district; (6) IA, intensive agricultural district; (7) V, resort-hotel district; (8) CN, neighborhood commercial district; (9) CG, general commercial district; (10) CV, village commercial district; (ll) MCX, industrial commercial mixed district; (12) ML, limited industrial district; (13) MG, general industrial district; and (14) O, open district. (Change. New Definition. Source: Zoning Code. Used in .rec. 3-4-6 of thfs draft hill. J "Lot" means a building site or a parcel of land shown as a unit on an approved subdivision map, or a survey map. [Change. New Definition. Source: Zoning code. Used in sec. 3-4-1 r f this draft bill.J 8 "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. (Change. New Definition. Source is sec. I-19, HRS. Used iii definition of "sign" in this draft bill Note: this definition doesn't include "government. ' J "Street" means a public or private road or other access way that provides vehicular access to six or more lots. [Change. New Definition. Per discussion with Bldg. Division, amended to include all roads, govt. & private. Incorporated language from earlier street naming/house numbering definitions of street to exclude driveways. Used in definition of "sign" in this draft bill. J 9 Article 3. Sign Area Section 3-3-1. Size of signs. [Change. Formerly "Size of signs; calculation. "J The size of [every) signs shall be measured and determined in the following manner: If a sign is on a plate or is framed, all of the plate or frame 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 letters, designs, or figures engraved, painted, projected, or fixed on a wall, the total area of the sign shall be the sum of the square-foot areas of the rectangles or circles, whichever is smaller, within which each letter, design or figure can be placed or inscribed. [Change: Amended sec. 3-24 by making slight changes, as noted. J Section 3-3-2. 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 visible from any one point. (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 42 inches apart, the sign area shall be computed by the measurement of one of the faces. [Change. New language to address area where questions frequently arise. Source: Kelly/Raso Model Ordinance, sec. 1. S. Kelly/Raso explain 42 inch dimension.• "The 42- inch dimenston is somewhat arhitrary but is designed to prevent very large signs or signs on 10 two sides of small huildings (such as automatic teller kiosks) from heing treated as multifaced signs; it still allows signs attached to opposite sides of a variety of sign structures to qualify as multifaced signs. ' J 11 t Article 4. Sign Regulations Section 3-4-1. Type, number, and size of signs permissible. (a) Only signs of the type, number, and size prescribed in this article, which conform to 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. These restrictions shall be subject to the following provisions: (1) The total number of signs per business shall not exceed two per street frontage; (2) Each of the two signs allowed per street frontage shall be of a different type; and (3) Where any lot is adjacent to two or more streets, the number of signs permitted for each business on the lot shall be increased by the number of adjacent streets. (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 use would generally be allowed. Change: Amended sec. 3-25. I) Clarifies that provisions apply by lot or by business. This reflects existing practice by Building Division. 2) Uses definition of "lot "from zoning code. 3) Added definition of business estahlishment. 4) Pursuant to Legislative Auditor's Office research, added new language to address repeated requests for variances for properties granted special or use permits. f 12 Section 3-4-2. Signs prohibited in all districts. 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; [Nn Change. Source: sec. 3-31(a)(1).J (2) Any sign which is not expressly permitted or exempt from regulation by this chapter; [Change. Amends sec. 3-31(a)(2) fo improve clarity.) (3) Any sign which is obscene; or [No Change. Source: sec. 3-31(a)(3).J (4) Any sign which advertises or publicizes an activity no longer conducted on the premises upon which the sign is maintained. [No Change. Source: sea 3-31(a)(4). J Section 3-4-3. Exempt signs. The following types of signs are exempt from all of the provisions of this article except for the requirements of sections 3-3-1, 3-4-2(1), 3-A-2(3), 3-4-2(4), 3-8-2Q 3-8-21, 3-8-3Q and 3-10-2. (1) Any sign of a temporary nature, which includes: (A) Announcing Sign. Any sign not exceeding thirty-two squaze feet in azea announcing the names of the architect, engineer and contractor of a building under construction, alteration, or repair and any sign announcing the character of the building enterprise or the purpose for which the building is intended. (B) Real Estate Sign. Any sign not exceeding eight square feet in azea advertising 13 the sale, rental or lease of the 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. (C) Subdivision Improvement Sign. Any sign, not exceeding thirty-two square feet in area, announcing the subdivision and improvement of property located on the property being subdivided and improved; provided that only one sign for each mile or fraction of each mile is permitted along any street or highway. A subdivision sign may only be erected after a subdivision application has been filed with the County. Any person erecting a subdivision sign shall, within thirty days of the erection of the sign, report the date of the erection of the sign to the chief engineer. A subdivision sign is exempt from this article for a period of one year from the date the sign is posted; provided that if the subdivision is not completed within this time period an additional period of exemption not exceeding one year shall be permitted. (D) Other Signs. Any sign displayed for a period not to exceed seven days during any calendar year. (2) Any small sign not exceeding two square feet in area. (3) Any sign or bulletin board not exceeding thirty-two square feet in area setting forth or denoting the name of any public, charitable, non-profit, or religious institution when located on the premises of the institution. (4) 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. Change. Amends sec. 3-32. Wherever possihle, changes reflect an attempt to regulate signs by size rather than cor7tent. l) Amended sec. 3-32 (a)(1)(C) re. Subdivision signs by renaming "subdivision 14 improvement signs. " Purpose to distinguish from subdivision identification signs which require permils and are regulated in sec. 3-30 of the present Zaw and in sec. 3-4- 4(2) of this draft bill. 2) Deleted sec. 3-32(a)(1)(D) re. political campaign signs. 77tis sign falls within small sign exempliorr hecause nol larger than two square feet. 3) Amended sec. 3-32(a)(3) re. prtblic, charitahle, religious signs by enlarging present allowable size of 24 sq. feel to 32 sq. feet. Change reflects effort to standardize allowable sizes. 4) Deleted sec. 3-32(a)(S) re. directional signs. One sq. foot sign allowed• falls within small sign exempliorr. S) Deleted sec. 3-32(a)(6) re. billing or act signs. This kind of signage is regulated by provisions relating to temporary signs or banners. 6) Deleted sec. 3-32(a)(7) re. rent or board signs. Recommendation that these signs should he regulated tinder small sign exemption. 7) Moved sec. 3-32(b) re. temporary banners to sec. 3-4-4(I). Permit now required.. 15 Section 3-4-4. Signs allowed with permits, in all districts. The following types of signs shall be permitted in all districts: (1) Temporary signs or banners. (A) Temporary signs or banners shall not exceed one hundred square feet in area, shall be limited in number to one per meeting, shall be displayed for a period not to exceed seven days except when authorized for longer periods by the chief engineer during any calendar year 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. (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 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. (C) Temporary signs and banners are exempt from all the provisions of this article except for the requirements of sections 3-4-2(3), 3-4-2(4), 3-8-1, 3-8-2, 3-8-3, 3-8-20, 3-8-21, 3-8-30, 3-9-1. [Change. Amended sec. 3-32(b) by requiring a permit for these types of signs. Requiring a permit for these types of signs is more appropriate because of the accompanying liability requirements. Added regulatory language from definition in sec. 3-2(9) to other language pertaining to temporary banners to promote clarity. Also amended by adding reference to temporary "signs or banners" because definition goes heyond banners.) 16 A ~ (2) Subdivision identification sign. One subdivision identification sign, either ground or wall type, unlighted or indirectly lighted, not exceeding eight square feet in area relating to the identification of a subdivision within a district. [Change. Amends sec. 3-30 by clarifying that ihrs sign pertains to subdivision "identification" versus subdivision "improvement" which is regulated in sec. 3-32 (sec. 3-4-3(1)(C) in this draft bill) as an exempt sign.J Section 3-4-5. Signs permitted in residential districts. (RS, RD) The following types of signs shall be permitted in the RS and RD districts: One sign, either wall or ground, unlighted or indirectly lighted, not exceeding eight square feet in area. Commercial signs shall relate to a legally permitted activity conducted on the premises. [Change. Amended sec. 3-26 by moving IZMand RCX to more permissive "other district category in sec. 3-4-6 of this draft hill. Also enlarged maximum size from six .rq. feet to eight sq. feet. Enlarged size to more standard eight sq. foot size to facilitate enforcement and clarity. J Section 3-4-6. Signs permitted in all other districts. (RM, RCX, RA, FA, A, IA, V, CN, CG, CV, MCX, ML, MG, O) The following types of signs shall be permitted in the RM, RCX, RA, FA, A, IA, V, CN, CG, CV, MCX, ML, MG, and O districts: (I) Ground Sign. (A) One ground sign, lighted or unlighted, not exceeding thirty-two square feet in area and not exceeding sixteen feet in height from the ground, relating to business conducted on the premises. [Change. Deleted following language from the end 17 of preceding sentence, 'provided that the building in front of which the sign is displayed is set back not less than eight feet from the property line. " Purpose: to promote elarity.J (B) The height 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. [Change: New language. Source: Kelly/Raso sec. 1.4.3J (2) Marquee Sign. One marquee sign, lighted or unlighted, not exceeding nine square feet in area and the lower edges at least seven and one-half feet above the ground, attached to the underside of a marquee for each business conducted on the premises. One sign not exceeding three feet in height may be attached to the face of the marquee. (3) Projecting Sign. One projecting sign, lighted or unlighted, for each business conducted on the premises, stating the name and the nature of the business. The bottom edge of the sign shall be no lower than nine feet over any public way and shall extend no higher than six feet above the attachment point on the building or six feet above the lowest edge of the roof, whichever is higher. Maximum sign area shall not exceed thirty-two square feet. [Change. New second sentence adds a maximum sign size. J (4) Roof Sign. One roof sign, lighted or unlighted, not exceeding thirty-two square feet in area and containing lettering not more than twenty-four inches in height, relating to business conducted on the premises; provided that the sign does not project above the roof ridge or on a flat roofed single storied building the sign does not extend more than three feet above the roof. [Change. Moved second "not from after "and" to after 'Yettering. " Purpose: to improve clarity of sentence. J (5) Wall Sign. One wall sign, lighted or unlighted, per side or rear of a building not 18 0 ~ exceeding twenty percent of the total exposed area of the wall on which the sign is displayed or not exceeding four hundred square feet whichever is less, relating to business conducted on the premises. A sign on the face of the building for each business conducted on the premises shall not exceed twenty percent or four hundred square feet, whichever is less of the area of the face of the building actually occupied by the business. (Changes: I) Amends existing language - comhines secs. 3-27, 3-28, 3-29. 2) Moves RMand RCX residential lots from residential provisions itt sec. 3-26 and adds lots in open zoned districts to the more permissive category of sign regulations presently allowed to lots in commercial/industrial districts per sec. 3-29. This change will simplify the code, promote equity among allowahle sign sizes for non- residential uses, and facilitate enforcement. In addition to standardizing the number and sizes of signs allowed, it will allow projecting and roof signs in agricultural, resort, and multi family districts, which are not presently allowed. See chart for summary of changes. 3) Due to >he short amount of time allotted to complete this task, suggest that this proposal be considered further. One topic that should be reviewed is the increase in allowable size of wall signs in RM, RCX, RA, Agriczrltural, and Resort-hotel districts that would result from this proposal. Present allowable wall size for these districts ranges from slx or thirty-two square feet and the change would allow a wall size of • four hundred square feet. Due to the magnitude of this change this aspect of the proposal should fie considered further.) 19 Article 5. Permits Section 3-S-I. 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 written permit from the chief engineer. [Slight change. Amends sec. 3-3 by changing "article " to "chapter. ' J (b) Sign permits shall be maintained on the premises upon which the sign is located and produced upon request by the chief engineer or the planning director. [Change. New language. Requires that permit be kepi on premises & producedf Section 3-5-2. Building permits. Persons applying for a building permit shall include sign applications for any signs that will be erected in conjunction with the improvements for which the building permit is requested. [Change. New language added to promote practice of applying for sign permits by incorporating into building permit process. J Section 3-5-3. Illuminated signs. A permit application for a sign which uses electrical wiring and connections 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. The electrical inspector shall approve the application if the plans and specifications comply with chapter 9, or disapprove the application if noncompliance with chapter 9 is found. [Change. Amended sec. 3-6 by deleting requirement that action of electrical inspector shall he taken before submission of permit application. This language found to he unnecessary.) 20 6 Section 3-5-4. Permit application. An applicant for a sign permit shall file with the chief engineer an application signed by the owner of the sign, or the owner's agent, on a form furnished by the chief engineer, containing the following: (1) The name and address of the applicant and of the person by whom such sign is to be constructed, erected, altered, relocated, or reconstructed; (2) An accurate description of the location or proposed location and character of the sign; (3) A plan or design of the sign showing its weight, dimensions, lighting equipment, materials, details of its attachment and hanging, and its position relative to the building and street lines; (4) The sign permit fee; (5) Any electrical permit required and issued for the sign; (6) Any other information pertinent to the application as may be required by the chief engineer. [No change. Source: sec. 3-4.J Section 3-5-5. Compliance with chapter. Any permit, variance, or other approval issued pursuant to this chapter shall comply with all applicable requirements of this chapter. [Change. Language added Source: Zoning Code sec. 25-2-30.J Section 3-5-6. Action on permit application. (a) Upon receiving an application for a sign permit, 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 in writing; 21 ~ ~ (3) If the application is complete, begin to process the application. (b) Upon receiving a complete application for a sign permit, the chief engineer shall: (1) Issue the sign permit in writing, if: (A) After an examination of the plans, specifications, and other data, the chief engineer finds that the sign(s) that is the subject of the application conforms in every respect with the requirements of this chapter and all applicable statutes and ordinances; (B) The application has been reviewed and approved by the electrical inspector, if required pursuant to section 3-5-3; and (C) The application has been reviewed and approved by the planning director. (Change: Amends sec. 3-9 by describing the process in greater detail. Deletes requirement ofpre-inspection prior to issuing permit due to severe lack of personnel to implement this requirement. Also incorporates requirements for reviews and approvals of electrical inspector and planning directar to promote clarity regarding the process. J (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 chapter. (c) In case of a rejection, the chief engineer shall: (1) Specify in writing the section or sections of the chapter with which the sign(s) is inconsistent; and (2) Provide the applicant with information about the variance and appeal processes contained in this chapter. [Change. Amended sec. 3-9 by describing process in greater detail. Source: Kelly/Raso sec. 1.12. Incorporated sec. 3-9. Although this language could be put in administrative rules, this language was included in code to expedite implementation.) 22 Section 3-5-7. Permit contents and record. (a) Permits shall be numbered and shall contain the following information: (1) The name of the permit holder; (2) The street address of the property upon which the sign will be located and the location of the sign on the property. In the absence of a street address, a tax map key number with accompanying description can be substituted; (3) The type of sign; (4) The amount of fee paid for the permit; (5) The date of issuance; and (6) In the case of a temporary banner, the date of expiration of the permit. [Change. New language. Content of permits presently not addressed in code. Source: Boca Raton sec. 24-34. %his is important because the lack of a valid permit for signs could be the primary hasis for enforcement actiwis.J (b) The chief engineer shall maintain for public inspection a record of all permits issued. [Change. Language moved from sec. 3-8 re. disposition of fees. Language itself was not changed J Section 3-5-8. Inspection upon completion. A permittee shall, upon completion of the installation, construction, erection, relocation or alteration of the sign, notify the chief engineer who shall inspect the sign. [Change. Amended sec. 3-10, 'Inspection; revocation of permit" by moving revocation la~~guage to enforcement article. ' J Section 3-5-9. Time limit on permit. If the work authorized under a sign permit is not started within 180 days after the date of issuance, or if work is suspended for 180 days, the permit shall be void and any sign installed, 23 constructed, erected, relocated or altered under that permit shall be in violation of this chapter. [Change. Amended sec. 3-12 to conform with language in the Building Code.J Section 3-5-10. Transferability of permit. Any permit issued under this article shall not be transferable. [No change. Sec•. 3-IIJ General Comment: These "permits" are really permits to construct. No provision is made in the code for permits to "have a sign" on an ongoing basis. Model code provides for this. This may be something to consider in the future. J. 24 Article 6. Variances Section 3-6-1. Variances. The council may grant a variance from the operation of any provision of this chapter, except for article 12 relating to Kailua Village Signs, to an applicant for a sign permit when the council finds that the enforcement of the provision would work a hardship upon the applicant, and that the granting of a variance would not be contrary to the spirit and purpose of this chapter and the public interest. [Change. Amended sec. 3-5 to clarify that the council's variance authority does not extend to signs in Kailua Village pursuant to article 12. In light of Legislative Auditor's Office research that found variability in the council's approach to variances in the past, guidelines for granting variances may be worthy of consideration. J 25 Article 7. Fees Section 3-7-1. Permit fees. Applicants for signs shall pay the following fees: (a) An applicant for a sign permit shall pay an application fee of $25 to the chief engineer for each sign application. (Change. Amended sec. 3-7 by increasing fee from $S. Also added "application " before fee. Model code fee for equivalent permit, including inspection, per zone lot was $75. J (b) An applicant for a sign permit for a sign erected prior to obtaining a sign permit shall pay an application fee of $100 for each sign application. [Change. Source: Honohdu -sec. 21-3.90-5. Honolulu. fee is $100. Purpose is to encourage people to get their permits prior to constructing their signs. Some of staff on task force felt that increase in fees should be significant in order to motivate people to apply, for their sign permits prior to constructing their signs. Effective date six months from adoption will give people a grace period to get their sign permits at the $S rate. J Section 3-7-2. Disposition of fees. The chief engineer shall keep an accurate record, in a form approved by the director of finance, of alt fees received for sign permits, and shall deposit all fees received with the treasurer to the credit of the general fund at least once a week. (Changes. 1) Amended sec. 3-8 by deleting requirement that chief engineer account for all permits issued to the council every month. The council may request information on permits issued and fees received as it deems necessary. 26 t 2) Requirement that chief engineer maintain record ofpermtts was moved to section 3-5-7(b) re. permits. 3) Nofe: Proposal to designate permit fees and fines to an account to be used for enforcement and education relating to this chapter was discussed but not incorporated into this draft due to the many implications ojthis move.J 27 Article 8. Construction, Location, and Maintenance Specifications Division 1. Construction Specifications Section 3-8-1. Wind resistance; support. Every sign shall be constructed to withstand wind pressure of not less than thirty pounds per squaze foot of area subject to wind pressure and shall be rigidly and firmly braced and securely attached to the building or structure by metal bolts, anchors, chains, cables or guys. [No change. Source: sec. 3-19J Section 3-8-2. 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 chief engineer. All wood construction shall meet fire resistive requirements as specified by current building code requirements. [Change. Amended sec. 3-20 by deleting outdated cross references to sections in the Building Code.J Section 3-8-3. Construction speciTcations. All signs shall be installed in compliance with building and electrical codes as required by the Chief Engineer. [Change. New language. Source: Nat'l Electric Sign Assn. sec. 6.01. Adds "catch-all" language.) Division 2. Location Specifications Section 3-8-20. 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 28 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 roof 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. [No change. Source: sec•. 3-16J Section 3-8-21. 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. [No change. Source: sec. 3-17J Section 3-8-22. Projections beyond property line. No sign or portion of any sign, except for a marquee sign, may project over any public area or way more than five feet from the property line upon which the sign is located. No sign shall be permitted to project over any public highway or interfere with vehicular traffic. [Nn change. Source: sec. 3-21 J Section 3-8-23. Distance above ground of projecting signs. The lower edge of any sign projecting over any public area, except a mazquee sign, shall have a vertical clearance not less than nine feet. [No change. Source: sec. 3-22J 29 Section 3-8-24. Height above buildings. The highest point on any sign, other than a roof sign, attached to a building or structure shall not extend more than six feet above the part of the building or structure to which it is attached, or six feet above the lowest edge of the roof, whichever is the higher. [No change. Source: sec. 3-23J Division 3. Maintenance Section 3-8-30. Maintenance specifications. (a) All signs, together with their framework, braces, angles or other supports, shall be: 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. (b) The chief engineer may order the repair or removal of any sign which is defective, damaged, or substantially deteriorated, as defined in the Building Code. [Change. Amends sec. 3-18 to incorporate language, from NaCI Electric Sign Assn. Model Code, sec. 3.04, and Kelly/Raso Model Ordinance, sec. 1.7.J 30 Article 9. Nonconforming Signs Section 3-9-1. Signs erected prior to the effective date of this chapter. Any sign erected prior W the effective date of this chapter, in compliance with all then existing statutes, ordinances, and regulations, is permitted to be maintained as a nonconforming sign, 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 permitted to be maintained only upon 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. [Change. Amended sec. 3-33 to update former date, which was December 6, 1961. J 31 Article 10. Violations, Penalties, Enforcement Section 3-10-1. Violations. Failure to comply with any provision of this chapter, any rule adopted pursuant to this chapter, or with conditions imposed as part of any permit or variance from the provisions of this chapter, shall constitute a violation of this chapter. [Change. New language. Source: Zoning Code -sec. 25-2-30 (excerpt o~.J Section 3-10-2. Administrative enforcement. (a) In lieu of or in addition to enforcement pursuant to the provisions of this chapter, if the chief engineer determines that any person is violating any provision of this chapter, any rule adopted pursuant to this chapter, or with conditions imposed as part of any permit or variance from the provisions of this chapter, the chief engineer may serve the person with a notice of violation and order pursuant to this section. Service may be accomplished through personal service or by certified mail. The chief engineer may also post a copy of the notice of violation and order at the site of the violation. (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, rule, permit, or variance that was 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; (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 32 specified in the order; Change. Amends sec. 3-15(a)J (4) Pay a civil fine not to exceed $500 per day for each day in which the violation persists, in the manner and at the time and place specified in the order. [Change. Amends sec. 3-15(h)J (d) The order shall advise the person that the order shall become final thirty calendar days after the person's receipt of the order, unless the director's decision is appealed to the Public Works Hearings Board within the thirty-day period. (e) The provisions of the order issued by the chief engineer under this section shall become final thirty days after the receipt of the order, unless the chief engineer's action is appealed to the Public Works Hearings Board 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 a hearings officer in accordance with the applicable provisions of Chapter 91 of the Hawaii Revised Statutes. An appeal to the Public Works Hearings Board shall stay the provisions of the chief engineer's order pending the final decision of the Public Works Hearings Board. (g) The chief engineer 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 chief engineer 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. (h) Annually, on September 1, the chief engineer 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. (I) Fines, assessed under this section shall constitute a Lien upon the subject property upon 33 the filing of said lien with the bureau of conveyances. This lien shall be considered for purposes of authority, to be the equivalent of liens which arise pursuant to the provisions of chapter 19 of the Hawaii County Code. [Change. New language. Source: Zoning Codz -sec. 25-2-35J Section 3-10-3. 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 a violation of this article, 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 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 article 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 at a time 34 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 article 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 administrativejudge 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 of Hawaii. (g) In every case when a citation is issued, the original of the same shall be given to the violator, provided that the administrativejudge 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 cazbon copy shall bear the number of its respective original. [Change. New language. Source: Zonrng Code -sec. 25-2-31.J Section 3-10-4. 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. [Change. New language. Source: Zoning Code -sec. 25-2-3.J Section 3-10-5. Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the chief engineer determines that the condition of any sign creates an immediate hazard and peril to public safety or to property, the chief engineer, without a public hearing, may remove the sign summarily and without notice, or may and may take any and all other actions as maybe necessazy. The order shall fix a place and 35 time, not later than twenty-four hours thereafter, for a heazing to beheld before the hearings officer. [Change. Amended sec. 3-13(c)J (b) Nothing in this section shall be construed to limit any power authorized by law which the chief engineer or any other county official may have to declare an emergency and act on the basis of such declazation. [Change. New language. Source: sec. 342H-8, HRSJ Section 3-10-6. Right of entry for authorized personnel. When it is necessary to make an inspection to enforce the provisions of this article, or when the chief engineer 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 chief engineer may enter the building or premises or the building site at reasonable times to inspect or to perform the duties imposed by this article, provided that if the building or premises is occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the chief engineer shall first make a reasonable effort to locate the owner or other person having chazge or control of the building or premises and request entry. If entry is refused, the chief engineer shall have recourse to the remedies provided by law to secure entry. [Change. New language. Source: Zoning Code -sec. 25-2-32J Section 3-10-7. Limited liability of authorized personnel. The authorized personnel charged with the enforcement of this article, acting in good faith and without malice in the dischazge 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 36 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 anyjudgment resulting therefrom shall be assumed by the County. [Change. New language. Source: Zoning Code -sec. 25-2-33J Section 3-10-8. Remedies cumulative. The remedies provided in this article shall be cumulative and not exclusive. [Change. New language. Source: Zoning Code -sec. 25-2-36J Commend: Sections 3-10-1 through 8 are would provide the framework for a solid administrative enforcement option for the department. This structure is taken from the County's zoning law at the suggestion of the Corporation Counsel's Off ce. During the research process other provisions were found in the existing sign law as well as from another county that might be useful in addressing some of the county's• enforcement issues. In order to meet the December 31, 1997 deadline, we slmply list these here for the Council's information. We will ask the Corporation Counsel's office for advice regarding whether these should be integrated into the zoning code framework. 1. "Revocation of permit. The chief engineer may revoke any sign permit issued upon failure of the permit holder to comply with any provision of this article." [Source: sec. 3-IO.J 37 2. "Abatement and removal of unlawful signs. (a) When the chief engineer finds that any sign has been constructed, erected, or is being maintained in violation of this article, or that any sign is unsafe or insecure or in a condition which is a menace to the safety of the public, he shall issue a notice in writing, to the owner of the sign or to the owner or tenant of the premises upon which the sign is erected or maintained, informing that person of the violation or of the dangerous condition of the sign and directing that person to make the alteration or repair or to do the thing or act necessary to make the sign comply with this article within a reasonable time limit as shall be stated in the notice which, in no case, shall be less than twenty days nor more than sixty days. The notice may be given by personal service, by depositing a copy of the notice in the U.S. mail in a postage prepaid wrapper addressed to the street address of the premises upon which the sign is erected or maintained. [Section 3-13(a). This is the existing administrative enforcement language in the sign law. Want to be sure that no useful language is lost in the translation. J (b) Upon failure to comply with the notice within the specified time, the chief engineer shall remove, alter or repair the sign, or the part of the sign that is constructed or maintained in an unsafe condition or otherwise in violation of this article, and shall charge any expense to the person notified. [Section 3-13(b). Incorporated into section 3-10-1(c)(3)(g) of this draft hill. Want to be a-ure that no useful language is lost in the translation. J (c) When the condition of any sign creates an immediate hazazd and peril to public safety or to property, the chief engineer may remove the sign summazily and without notice." [Section 3-L3(c). Incorporated into section 3-10-5 of this draft bill. Want to he sure that no useful language is lost in the translalion.J 38 3. "Removal of and disposition of noncomplying signs. (a) It shall be unlawful to erect, use or maintain a sign or sign structure when it does not comply with the requirements of this chapter. The city is authorized to remove unlawful signs and sign structures pursuant to the provisions of this section. (b) Banners, project signs, real estate signs, sidewalk or sandwich signs, snipe signs and special event signs are subject to removal pursuant to the following provisions: (1) In view of the inexpensive nature of these signs and the administrative burden which would be imposed by elaborate procedural prerequisites prior to removal, any procedure other than summary removal of these signs when unlawfully erected and maintained would defeat the purpose of regulating such signs. Therefore, the chief engineer is authorized summarily to remove such signs when unlawfully erected and maintained, subject to the provisions contained in paragraph (2) below. (2) After summary removal of a sign pursuant to this section, the chief engineer shall notify, either in person or by first-class postage, prepaid, the occupant of the property from which the sign was removed, and if the sign identifies a party other than the occupant of the property, the party so identified. The notice shall advise that the sign has been removed and shall state that the sign may be retrieved within 30 days of the date of the notice, and that, if the sign is not retrieved within 30 days, it will be disposed of by the city. If the sign is removed from public property, the party, if any, identified on the sign shall be notified; if no party is identified on the sign, then no notice prior to disposition is required. The city shall dispose of all unclaimed signs after the expiration of the 30-day period. (c) Signs and sign structures not subject to removal pursuant to pazagraph (b) above which are or have been erected or maintained unlawfully, may be referred to the code enforcement board for appropriate action or the county may proceed to pursue all 39 a remedies available at law or equity to it to remove signs or sign structures which are or have been unlawfully erected or maintained." [Source: Boca Raton, Florida sign law sec. 24-5. This represents a possihle approach to responding to the prohlem of illegal temporary/portable signs. J 4. "Removal of nonconforming signs. Except as otherwise provided in this chapter, the owner of any premises on which exists a sign that does not conform with the present requirements of this chapter and which is not otherwise legally permitted, shall be obligated to either remove such sign or bring it into conformity with the requirements of this ordinance." [Source: Based on Kelly/Rasp sec. 1.17. Amended model language. J QO Article 11. General Provisions Section 3-11-1. Administration. The chief engineer shall enforce and administer all of the provisions of articles one through eleven of this chapter . Whenever necessary, any official of another department of the County shall assist the chief engineer at the chief engineer's request, consistently with the usual duties of the official's department. [C'hanges. Amended sec. 3-l4 by amending at "his request" to at "the chief engineer's request " to make gender neutral. Also, added stipulation that chief engineer will administer provisions of articles one through eleven only to avoid conflict with Kailua Village arlicle.J Section 3-11-2. Compliance with this chapter and other laws. Any approval or permit issued pursuant to this chapter shall comply with all applicable requirements of this chapter. The granting of a permit or variance under this article 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. [Change. New language. Applies to entire chapter. J Section 3-11-3. Adoption of rules. The chief engineer and the planning director may adopt rules pursuant to Chapter 91, Hawaii Revised Statutes, necessary for the purposes of this chapter. [Change. Neiv language. Applies to entire chapter.) 4] c Article 12. Kailua Village Signs. 1. In deference to the history and exceptional community interest in this article we refrained from proposing general changes to the Kailua Village Sign provisions at this time, with one exception. The•following proposed amendment is a resuh of a corporation counsel opinion dated November 19, 1997. This opinion advised us that sec. 3-62's grant of authority to the Planning Commission to grant sign variances in Kailua Village is invalid The opinion further advised that this authority should properly he granted to the Planning Director. This amendment would correct the law to conform with this advice. "Section 3-62. Variances. The [commission] lannine director may grant a variance from any provision of this article." 2. 1}trring our public comment phase, we received a comment that the fact that implementation responsihility seems to fie shared by the Planning and Pufilic Works Department was a source of confusion. There is some ambiguity in the code relaling to this point. While, sec. 3-54 provides Thal "the director shall administer and enforce this article, "sec. 3-59(cJ states that if the planning director finds the proposed sign to be in compliance with the applicable law, that the public works department shall issue the permit. This situation may be worthy ofdiscussion. 42 r SECTION 3. 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 4. This ordinance shall take effect six months after adoption. [Change. Delayed effective date would provide "grace period" for non permitted sign holders to come in to get their permits before the fees go up. J INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of ]st Reading: Date of 2nd Reading: Effective Date: 43 i ~ Draft Bill Creating Public Works Hearing's Board ~ , Sign Code Task Force Bill Creating a Public Works Hearings Board Discussion Draft December 31, 1997 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 9, DIVISION 2 TO CREATE A PUBLIC WORKS HEARINGS BOARD. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION Chapter 2, article 9, division 2 of the Hawaii County Code is amended to read as follows: "Division 2. Appeals. Section 2-42. Public Works Hearings Board created. A public works heazings board is created. This board shall consist of five members who shall be appointed by the mayor and confirmed by the council. Section 2-42.1. Findings and purpose. The Board of Appeals is authorized by the County Charter to hear appeals from the chief engineer's actions relating to enforcement of the building, plumbing, and electrical codes and laws. Persons aggrieved by other actions of the chief engineer may not avail themselves of this option. Consequently, access to this administrative appellate body is not available to persons aggrieved by the chief engineer's actions arising from the following chapters: chapter 3 (Advertising and Signs), chapter ]0 (Erosion and Sedimentation Control), chapter 20 (Refuse), 1 chapter 21 (Sewers), chapter 22 (Streets and Sidewalks), and chapter 27 (Flood Control). The Council finds that a Public Works Hearings Board is needed to hear administrative appeals arising from these matters. Pursuant to sec. 46-1 S(24)(F), HRS, and sec. 4-2 of the Hawaii County Charter, this ordinance creates a Public Works Hearings Board. Creation of this Board will promote access to due process and facilitate the resolution of enforcement actions relating to these significant matters presently excluded from the Board of Appeals jurisdiction. Section 2-43. Definitions. As used in this division unless otherwise specified: "Board" means The Public Works Hearings Board. "Person" means This issue is still unresolved Lssue is whether to go very broad or to have a more limited defrnition.J Section 2-44. Powers and duties. (a) The board shall hear and determine all appeals from decisions made by the chief engineer in the administration or application of this chapter. All matters under the jurisdiction of the Board of Appeals, pursuant to section 5-6.3 of the County Charter, are exempted from the jurisdiction of the public works hearings board. (b) The board may: affirm the chief engineer's decision; reverse or modify the chief engineer's decision; or remand the decision back to the chief engineer with appropriate instructions. 2 (c) The board shall conduct itself in compliance with the provisions of chapter 91 of the Hawaii Revised Statutes. Section 2-45. Qualifications to serve on the board. (a) At least two members of the board shall be licensed engineers. Persons with background or expertise in the fields of engineering, architecture, construction, or in the administration of this chapter, shall be given preference for appointment to the board. (b) Notwithstanding any other provision in this charter, no person shall, by reason of occupation alone, be barred from serving as a member of the board. Section 2-46. Appointment and removal. (a) The members shall be appointed by the mayor and confirmed by the council. Members may be removed upon recommendation by the mayor and the approval of the council. (b) The council shall act to confirm or reject any appointment made to the board by the mayor within forty-five days after receiving notice of the appointment from the mayor. If the council does not confirm or reject any such appointment within forty-five days, the appointee shall be deemed to have been confirmed. (c) Not more than a bare majority of the members shall belong to the same political party. (d) Any vacancy occurring in the board shall be filled for the unexpired term. Section 2-47. Terms. (a) The members shall serve staggered terms of five years. Upon the initial appointment of the members of the board, one shall be appointed for a term of one year, one for a term of two 3 years, one for a term of three years, one for a term of four years, and one for a term of five years. (b) No member shall be eligible for a second appointment to the board within a two year period following the expiration or termination of their term. Members who are initially appointed for one and two yeaz terms are exempt from this provision and maybe reappointed for one additional successive term. (c) No member whose term has expired shall continue to serve on such board or commission, except that if the member's term expires less than one month after the commencement of the term of a new mayor, the member shall hold over for thirty days, or until a successor is appointed and confirmed, whichever comes first. Section 2-48. Administration of board. (a) Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Necessary expenses may be paid in advance as a per diem allowance which shall be established by ordinance. (b) The board shall elect a chairperson from its membership annually. (c) The affirmative vote of at least three members of the board shall be necessary to make any action valid. (d) The boazd shall have the power to establish rules of procedure necessazy for the conduct of its business. These rules shall contain the time and place of all regular meetings and shall specify that three members shall be necessary to constitute a quorum of the board. (e) The board shall be part of the department of public works for administrative purposes. 4 This department shall provide all necessary clerical and other assistance necessary in order for the board to carry out its responsibilities. Division 2. Appeals Process Section 2-49. Persons who may appeal. (a) Any person aggrieved by a decision of the chief engineer in the administration or application of this chapter, may, within thirty days after the date of the chief engineer's written decision, appeal the decision to the board. (b) A person is aggrieved by a decision of the chief engineer if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is cleazly distinguishable from that of the general public; and (2) The person is or will be adversely affected by the decision. Section 2-50. Appeals process. (a) Appeals shall be conducted as contested case hearings pursuant to the provisions governing such procedures contained in chapter 91, Hawaii Revised Statutes. (b) Appeals shall be accompanied by a filing fee of $ " Comment • State law provides that counties may impose civil fanes for violations of county ordinances after reasonafile notice and requests to correct or cease the violation have been made. See sec. 46-L5(24)(A), HRS. However, this state law also provider that, "Any administratively imposed civil 5 fine shall not be collected until after an opportunity for a hearing under chapter 91. " See sec. 46-Z.S(24)(A), HRS. Because the charter does not authorize the Board of Appeals to consider actions arising out of chapter 3, this hill seeks to create an administrative hearings body that will be able to hear appeals arising out of this chapter. This board would also hear appeals arising from the other public works administered chapters that are excluded from the Board of Appeals jurisdiction. Creation of a county agency to conduct civil appeal proceedings by ordinance is authorized by sec. d6-Z.5(24)(FJ, HRS. With respect to the Department's authority to take on Jhir new responsibility, Sec. 4-2 of the Charter provides that the Mayor may assign new functions to exls7ing agencies. The Department of Public Works and the Planning Department are still considering this proposal and have not yet adopted an official posifion regarding this discustrion draft. Source: This bill was based on language contained in the County Charter relating to the Board of Appeals and the Planning Commission. 6