HomeMy WebLinkAboutCOM 0454.013 1996-1998 ;Nt Y JF ~4 W
VJ.'
~~tiEI'H RED ~,"`~L~S ~ ~ .
1l,TL Oi Nor'
_ R£CEJVE~ ~
~'~~I:l'lii :_i'li~If:i ~~flii~i: ~ur6*ly ~(1c,d;
Hrfo, Ha~i~illi Ne,'i;
August 6, 1998
TO: Dominic Yagong,
Chairman Public Works and Parks Committee
And Members of the Committee
FROM: Joe Reynolds
Vice Chair
RE: Proposed Bill 2~0
Re. Chapter 3, Hawaii County Sign Code
For your review and consideration, attached is bill 2~0 regarding the County Sign Code. This bill
represents the next step forward in the process to improve our sign law.
In the spring of this year, we considered the discussion draft of a sign law submitted to us by the
Legislative Auditor's Office on December 31, 1997 at workshops in Hilo and Kona. 13111 ?80
contains changes from the discussion ds~ft, which were: suggested by the public, the Council, and
staff, which will further address underlying problems in-the present law. A summary of changes
from the discussion draft is attached to this memo.
While I recognize that this-bill .cannot address each and every concern raised by the-.many
interested parties, it represents an attempt to improvb flee law by making it clearer, more
understandable, and consequently, more effective. It is my hope that, if adopted, This improved
law may serve as a vehicle-:for further at€empts to address the complex problems inherent in this
important area.
Your favorable consideration of this bill would be greatly appreciated.
Att.
~'il
-,-t~?y~+ \alani St., Suite 1-A Kailua-Kona, Hawaii 96740 Kona Telephone: (808) 326-5684 Fax: i~+e!i,
Surer
%pf
Changes
(From Discussion Dra$~ of 12-31-97
Article l Renumbered sections to be consistent with numbering in present
article 2, re. Kailua Village Signs. For example, sec. 3-1-1 re.
Findings and purpose is now sec. 3-1.
Sec. 3-3 (Definitions) Amended definitions of ground and wall signs to better distinguish
between the two types of signs. Added definitions of the term,
"fence" and "wall." (For background on underlying problem: see
Kiran Emler comments of ] 0-97)
Amended definition of roof sign for clarity. Added definitions of
"roof' and "roofing" to definition of the term "roof sign." Source:
DicI,~Q,~~t,~ Archite~l~~t'e ~.~nS~ructiQn.. Second Edition.
Edited by C}°ril lvl. Harris. (amended slightly)
Amended definition of lot by deleting reference to approved
subdivision or survey map. Use T10~IC boundaries. as determina~at of
what constitutes a "lot."
Sec. 3-5 (Size of Signs) Amended sec. 3-5(3) by replacing term "letters" with "words."
This will result in a more accurate computation of sign size.
Sec. 3-7 Clarified language. Also deleted sec. 3-7(b)(3). This section read:
(Sign type, Number, Size) "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." As sec. 3-7(b)(1) already provides
that the total number of signs per business shall not exceed two der
street frontage, sec. (b)(3) is unnecessary and confusing.
Sec. ~-8(a)(4) Clarified language. Pertains to commercial activity signs only.
(Signs Prohibited)
Sec. 3-9(a)(2) Although considered, did not include a maximum number of small
(Small signs) exempt signs allowed. Because of the wide variety of
circumstances involved, felt that further discussion on this matter
merited.
Secs. 3-10 thru 3-12 Deleted references to "lighted or unlighted" because all signs are
one or the other. Indirect lighting of signs is addressed in article 9
of the Hawaii County Code re. Outdoor lighting.
Sec. 3-10(a)(I)(A) Period allowed amended -chief engineer mav_ determine period up
(Temporary Signs) to thirty days.
Sec. 3-10(a)(2) Amended sec. 3-10(2) to allow one subdivision sign per driveway.
(Signs w/permits) frontage per suggestion made during workshop on draft bill. Also
rewrote for clarity.
Sec. 3-12(a)(2) Amended for clarity. Added maximum size for signs on the face of
('Marquee Signs) a marquee of fifteen percent of the rnarquee area or two hundred
fifty square feet, whichever is less.
Sec. 3-12(a)(3) Clarified language.
(Projecting Signs)
Sec. 3-12(a)(5) Reduced maximum allowable square footage of wall signs from
(Wall Signs) 400 to 250 square feet end by reducing maximum allowable sign
area from 20% of total area to 15% of total area. Source: Revised
Ordinances of Honolulu sec. 21-3.90-3(I)(2). Also reduced
maximum allowable square footage of wall signs in RM, RCX, RA,
and FA districts to 8 sq. ft. & in A, IA, V, CN, and O districts to 32
sq. ft.
Sec. 3-13 (Sign Permits) Amended for clarity.
Sec. 3-15 Added reference to chapter 14, article 9, re. outdoor lighting.
(Illuminated Signs)
Sec. 3-16 Amended to streamline process and for clarity.
(Permit application)
Sec. 3-18 (Permits) Added condition that sign permit fees be received
prior to issuance of sign :permit.
Sec. 3-19 Amended to streamline process and for clarity.
(Permit Contents)
Sec. 3-21 (Time Limit) Number of days allowed for commencement of work to erect sign
reduced firom 180 days to 60 days.
Permit firansferability Non trans~erability provision deleted.
3
.
Sec. 3-22/23 (Variances) Added variance provisions. Specified contents of application and
provided extensive criteria for granting a variance. Provided that
variances to be granted via Counsel resolution that shall contain
findings.
Sec. 3-24/25 (Fees) Fees for permits are $25 and $100 (for permits applied for after
the sign is erected.) Variance fee is $100 or 10% of total value of
sign (excluding installation costs), whichever is greater. County
Clerk will collect variance fees. Added proviso that gerrnit and
variance fees and fines (minus administrative costs) shall be used to
support the Department's costs to administer and enforce this
chapter as well as educational ~flForts. Added in response to major
concerns that have been raised about the lack of resources to
enforce and administer this chapter.
Sec. 3-26 (Wind Resistance) Amended to clarify that signs, i.e. permanent signs, may not flap,
bend, or move when subjected to significant wind pressure. This
change was made to address widespread concerns expressed about
temporary banners used as permanent signs.
Sec. 3-31 (Projections) Amended to include projecting as well as marquee signs to promote
consistency with sec. 3-12(x)(3).
Sec. 3-34 (Maintenance) Deleted paragraph (b) re. chief engineer's authority to order repair
or removal of signs. This matter is addressed in section 3-37 re.
enforcement.
Sec. 3-36 (Violations) Replaced "chapter" with "article"
Sec. 3-38 (Enforcement) Deleted new administrative enforcement and criminal prosecution
sections. These changes should be made after the outcome of the
vote on the proposed charter amendment that would enlarge the
jurisdiction of the Board of Appeals to include all actions of the
chief engineer. Instead, reinserted present language of the law -
found in sections 3-13, 3-14, & 3-15.
Amended time allowed to comply with notice to repair or comply
with chapter. Law presently allows t~1 my to sixty days to comply.
Reduced time allowed to seven to thirty days. Reduction especialh
appropriate and necessar<• re removal of portable temporary signs.
This change is in response to comments on the draft bill.
Sec. ~-39 (Penalt~•) Replaced term "fine' with "fee
4
(Emergency Powers) Deleted. This matter is addressed in section 3-37(c).
Sec. 3-~~ (Spec'1 Dists.) Added new section that states that council may adopt sign
provisions that implement special community design plans or
guidelines that have been previously approved by the Council.
Sec. 3-~? (KV boundaries) Concerns were expressed about the reference to the Kailua Village
Plan as the source of boundaries because the plan was repealed.
Section 3-52 was rewritten to refer to sec. 25-7-1 of the zoning
code as the source of the boundaries of Kailua Village.
Sec. 3-62 (KV variances) This section was reworded to provide that the planning director
rather than the planning commission may grant variances from this
article. This change was made pursuant to a Corporation Counsel
opinion dated November 19, 1997.
S