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HomeMy WebLinkAboutORD 1961-113BILL NO. 121 CGUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 113 AN ORDINANCE PROVIDING FOR THE REGULATION AND CONTROL OF SIGNS, THE LOCATION, ERECTION, MAINTENANCE AND USE OF SIGNS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COi1NTY OF HAWAII: SECTION 1. Legislative Intent. The Board of Supervisors finds and declares: (a) That the people of the County of Hawaii 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; and (b) That in the past few years there has been a marked increase in the number and size of signs advertising business activities in the County of Hawaii; and (c) That the increased number and size of such signs, coupled with the increased use of motor vehicles make it ~.mperative that the public streets and highways be kept free from signs which distract motorists' attention from driving, and which detract from the attention which should be devoted to signs promoting traffic safety; and (d) That 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 ,. . " Gl~~ t _... attention of drivers away from the flow of traffic movement; and (e) That in addition thereto, 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 such signs, especially during periods when winds of high velocity are prevalent; and (f) That the size and location of such outdoor signs may, if uncontrolled, constitute an obstacle to effective fire-fighting techniques; and (g) That the natural beauty of landscape, view, and attractive surroundings of the Hawaiian lslands, including the County of Hawaii, constitutes an attraction for tourists and visitors; and (h) That a substantial source of income and revenue of the people of the County of Hawaii is derived from the tourist trade; and (i) That the indiscriminate erection and maintenance of large signs seriously detract from the enjoyment and pleasure of the natural scenic beauty of the County of Hawaii, which in turn injuriously affect the tourist trade and thereby the economic well-being of the County; and (j) That it is necessary for the promotion and preservation of the public health, safety and welfare of the people of the County of Hawaii, that the erection, construction, location, maintenance of signs be regulated and controlled. SECTION 2. Definitions. The following words and phrases shall, for the purposes hereof, have the meanings respectively ascribed to them in this >,. -2- Filo td s. ------..._ --_ __ -- --- Date: -------- ---- T Section, unless it is apparent from the context that a different meaning is intended: (a) "Sign" shall mean and include every sign, device, figure, painting, drawing, message, placard, poster, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning, canopy, and street clock, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out of doors on real property or buildings or structures thereon in view of the general public. (b) "Marquee Sign"shall mean any sign attached to, or hung from a marquee. A "Marquee" shall mean a 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. (c) "Projecting Sign" shall mean any sign which is affixed or attached to, and is supported solely by a building wall or structure, and extends beyond the building wall, structure, or parts thereof, more than 15 inches and whose angle of incidence to said building wall, structure, or parts thereof is greater than 30 degrees. (d) "Ground Sign" shall mean a sign which is a complete self-supported structure and is not attached or affixed in any way to a building or structure. (e) "Roof Sign" shall mean a sign erected, constructed and maintained wholly upon and over the roof of any building. (f) "Wall Sign" shall mean a sign which is affixed to an exterior wall or any building or structure when such 3_ .., ,,. 4 sign shall project not more than 15 inches from the building wall structure or parts thereof. (g) "Illuminated Sign" shall mean any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. (h) "Chief Engineer" shall mean the chief engineer of the Department of Public Works. SECTION 3. Exempt Signs. The following types of signs are exempted from all of the provisions of this Ordinance, except for the requirements of Section 6(a), (c) and (d), Section 7(a), (b), (c) and (i), and Section 9. (a) All signs of a temporary nature, which shall include: (1) Announcing signs. Signs announcing the names of architects, engineers and/or contractors of a building under construction, alteration or repair and signs announcing the character of the building enterprise or the purpose for which the building is intended, provided such signs shall not exceed 32 square feet in display surface. (2) Real estate signs. Signs not exceeding eight square feet in area advertising the sale, rental, or lease of the premises on which displayed not more than one such sign advertising the sale, rental, or lease of the premises may be permitted in such manner as to be visible to traffic proceeding in any one direction on any one street or highway. (3) Subdivision signs. Signs announcing the subdivision and improvement of property where o.a r<, ~~` _. ~...., -4- ~... _. _.. located on the property to be improved, not to exceed one sign for each mile or fraction thereof of such property along the street or highway, provided such signs shall not exceed 32 square feet in area. Such signs may not be erected until a formal application for subdivision has been filed with the appropriate County Officials. Said signs are exempted From the provisions of this Ordinance, for a period of one year from the date of erection of such signs which date of erection shall be reported to the Chief Engineer within 30 days after such erection. If said subdivision is not completed within one year after the erection of said signs, an additional period of exemption not to exceed one year shall be allowed. (4) Political campaign signs. Signs or posters not exceeding 1 square foot in display surface, announcing candidates seeking political office; provided that such signs or posters shall be permitted only for a period of 60 days preceding a general or special election and for a period of 10 days following such election. (5) Other signs. Any sign displayed for a period not to exceed seven days during any calendar year. (b) Small signs. Small signs not exceeding two square feet in display surface. (c) Institutional signs. Any sign or bulletin board setting forth or denoting the name of any public, charitable /'; ova. t~<~. - -_~_ _..= -....__...._-, _5_ i... ---- h:. L. :. _ . .. --._... or religious institution when located on the premises of such institution, provided such sign or bulletin board shall not exceed 24 square feet in display surface. (d) Public signs. Signs of a public, non-commercial nature, which shall include safety signs, danger signs, trespassing signs, signs indicating scenic or historical points of interest and all signs erected by a public officer in the performance of a public duty. (e) Directional signs. Signs serving as directional signs to resorts and places for camping, lodging and eating when such uses are not readily visible from the main street or highway, provided such signs shall not exceed one square foo: in area. (f) Theater signs. Marquee, ground or wall signs announcing a billing or act, provided any wall sign does not exceed 100 square feet in area. (g) Room and table board signs. Signs announcing room for rent or table board, not exceeding 4 square feet in area, and located in an area zoned for residential use. SECTION 4. Permits and Fees. (a) When required. Except as otherwise provided herein, it shall be unlawful for any person to install, construct, erect, alter, relocate, reconstruct or cause to be installed, constructed, erected, altered, relocated, or reconstructed after the effective date of this Ordinance, any sign or signs without first having obtained a permit in writing from the Chief Engineer, and making payment of the fees required herein. (b) How obtained. Applicants for such permits shall file with the Chief Engineer applications signed by pia. r ~~~`'- --- -•• I i,,, .. _. _ _.. the owner of the sign, or his agent, on forms furnished by the Department of Public Works, containing the following information: (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 each 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) Any electrical permits required and issued for said sign. (5) Such other information pertinent to the application as may be required by the Chief Engineer. (c) Illuminated signs; approval by electrical inspector. The application for a permit for a sign in which electrical wiring and connections are to be used shall be submitted to the Electrical Inspector. The Electrical Inspector shall examine the plans and specifications respecting all wiring and connections to determine if the same comply with the Electrical Code of the County of Hawaii, and he shall approve the application if the plans and specifications comply with said code or disapprove the application if noncompliance with said code is found. The action of the Electrical Inspector shall be taken prior to submission of the application to the Chief Engineer for a permit. (d) Fees. Every applicant before being granted a permit hereunder shall pay to the Chief Engineer for each,,,, ~r-' _~_ sign regulated by this ordinance a fee, which shall be as follows: Total Estimated Valuation of Work Fee to be charged From $ .O1 to $ 500. From $500.01 to $1,000. From $1,000.01 and above (e) Disposition of fees. $3 $1 plus 50~ per $100 or fraction thereof of the total estimated valuation of work. $3 plus 30¢ per $100 or fraction thereof of the total estimated valuation of work. The Chief Engineer shall keep an accurate record, in a form approved by the Auditor, of all fees received and shall deposit all fees received with the Treasurer to the credit of the general fund at least once each week; shall render an account of all permits issued and monies received therefor each month to the Board of Supervisors; and shall maintain for public inspection a record of all permits issued. (f) Permit issued if application in order. It shall be the duty of the Chief Engineer, upon the filing of an application for a permit hereunder, to examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign. If it appears that the proposed sign is in compliance with all the requirements of this ordinance and all applicable statutes and ordinances, he shall then issue a permit. (g) Revocation of permit. Apermittee shall, upon completion of the installation, construction, erection, relocation, or alteration, notify the Chief Engineer who _g_ o.~. rte. ~~~%~~ Fa.: 1.: - - - --- ----•~ L:. L. :: ~. _____---------- nu.z: - --- -..... ~ --- shall thereupon cause an inspection to be made. Permits shall be non-transferable. The Chief Engineer is hereby authorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with any provision of this Ordinance. (h) Nullification of permit. If the work authorized under a permit has not been substantially completed within six months after date of issuance, then such permit shall become void and any sign installed, constructed, erected, relocated, or altered thereafter under such permit shall constitute a violation of the terms of this Ordinance. SECTION 5. Enforcement and Administration. (a) Chief Engineer. The Chief Engineer is charged with the enforcement and administration hereof. Whenever necessary, the officials of the other departments of the County of Hawaii shall render such assistance, as is consistent with the usual duties of their respective departments, to the Chief Engineer at his request. (b) Non-conforming signs. Any sign erected prior to the effective date of this Ordinance, in compliance with all then existing statutes, ordinances and regulations, shall be permitted to be maintained as a non-conforming sign, subject to the following conditions: (1) Safe condition. Non-conforming signs shall be maintained in a safe condition and shall not in any respect be dangerous to the public or to property. (2) Alteration or relocation. Upon the alteration or relocation of any non-conforming sign or the discontinuance or removal from the ,.. ,„ -9- za ;_ ___ - r....,. ,.. __ premises of the activity to which such sign relates, such sign shall cease to be a non-conforming sign and shall thereafter be permitted to be maintained only upon compliance with all requirements of this Ordinance. The term "alteration" shall not be construed to mean repairs and maintenance for the purpose of keeping the sign in a clean and safe condition. (c) Abatement and removal of unlawful signs. Whenever it appears to the Chief Engineer that any sign has been constructed, erected, or is being maintained in violation of any of the terms of this Ordinance, or after a permit therefor has been revoked or become void, or that a sign is unsafe or insecure or in such condition as to be a menace to the safety of the public, he shall thereupon issue a notice in writing, to the owner of the sign or the owner or tenant of the premises upon which the sign is erected or maintained, informing such person of the violation or of the dangerous condition of such sign and directing him to make such alteration or repair or do such things or acts as are necessary to make the same comply with the requirements of this Ordinance within such reasonable time limit as shall be stated in such notice which, in no case, shall be less than 20 days nor more than 60 days. Said notice may be given by personal service, by depositing a copy thereof in the U. S. mail in a postage prepaid wrapper addressed to the street address of the premises upon which such sign is erected or maintained, or by posting a copy thereof on the premises upon which such sign is erected ~~ _10_ pia. rro..---- ( `------ y pat®:......---~°--•------ --- ~' ""'"` or maintained. Upon failure to comply with such notice within the time mentioned therein, the Chief Engineer shall cause such sign, or such part thereof as is constructed or maintained in an unsafe condition or otherwise in violation of this Ordinance, to be removed, altered or repaired so as to make it a conforming sign and shall charge the expense thereof to the person so notified. When any sign is in such condition as to be an immediate hazard and peril to the safety of the public or to property, the Chief Engineer is hereby authorized to cause such signs to be removed summarily and without notice. SECTION 6. Prohibited Signs. It shall be unlawful to erect or maintain: (a) 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. (b) Signs which are not included under the types of signs permitted under Section 8. (c) Signs which are obscene. (d) Signs which advertise or publicize an activity no longer conducted, on the premises upon which such signs are maintained. SECTION 7. Construction and Location of Signs. _i1_ o:a. ±~ ~ ,. patu~ ..........._ .................--- -• (a) Free ingress and egress. No sign or supports or hangings therefor shall be erected so as to cover doors or windows of any building or otherwise to prevent free ingress and egress to or from any window, door or fire escape of any building, nor shall any sign 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, and all signs shall be so arranged as to swing away from such fire escape or platform. No roof sign shall be constructed in such a manner as to interfere with the free passage from one part of the roof to another part thereof or to interfere with any opening on the roof. (b) Interference with public alarms, signals or signs. No sign or supports or hangings therefor shall be placed in such position or manner as to obstruct or interfere with any fire alarm, police alarm, sign or any devices maintained by or under public authority. (c) Structure. Every sign, together with its framework, braces, angles or other supports, shall be maintained in a safe condition, properly secured, supported and braced and shall be kept in good structural condition, clean and well painted at all times. (d) Support. Every sign shall be constructed to withstand wind pressure of not less than 30 pounds per square foot of area subject to such pressure and shall be rigidly and firmly braced and securely attached to the building or structure by bolts, anchors, chains, cables or guys, all of which must be metal. (e) Wood. All wood permitted to be used either for new signs, for replacements of existing signs, or for any part _12_ r.,~ . __ ._ Dc .„. --- ,,.. thereof, shall be rot and termite resistant through open-cell preservation methods as specified by the American Wood Preservation Association, or by any other open-cell preservation treatment approved by the Chief Engineer. No sign, braces or supports within fire zones No. 1 and 2 as defined and delineated in the Building Code, shall be constructed of wood, canvas or other inflammable materials, except moldings, tappings, cut-out letters, decorations, and signs not exceeding 10 square feet in area. (f) Projection from building line. Except for marquee signs, no sign or portion thereof shall project over any public area or way for a distance in excess of five feet from the property line of the property upon which is located the building or structure to which such sign is attached, provided, that no sign shall be permitted to project over any public highway, or interfere with vehicular traffic. (g) Distance above ground. The lower edge of all signs projecting over any public area except marquee signs shall have a vertical clearance of at least nine feet. (h) Distance above building. 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. (i) Determination of size of signs. The size of all signs shall be measured and determined in the following manner: (1) When such signs are on a plate or framed, all of the plate or frame shall be included in the dimensions; (2) When such signs are not on a plate or framed but are partly or entirely outlined by a -13- //;.: -..~- - light line or areas, or if on a plate or frame 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) When 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 such letter, design or figure can be placed or inscribed. SECTION 3. Permissible Signs. Only such signs of each type as are prescribed hereinbelow, which conform with the provisions of this Ordinance, shall be permitted to be erected or maintained upon any building, lot cr parcel of land located in the following zoned areas. Where any building, lot or parcel of land is adjacent to two or more streets, the number of signs permitted per business on each building, lot or parcel of land shall be increased by such number of adjacent streets, provided, that no more than one sign of each type of sign permitted shall front upon any one of said streets. (a) All classes of residential use districts. (1) Wall or ground sign. One sign, either wall or ground, unlighted or indirectly lighted, not exceeding six square feet in area, relating to a business conducted on the premises. (b) A11 classes oi' hotel and apartment districts. (1) Marquee sign. One sign, lighted or unlighted, relating to a business conducted on the ~ -14- premises and displayed upon the perimeter of a marquee, provided such sign shall not exceed three feet in height and shall not exceed 40 per cent of the total area of the perimeter of the marquee. (2) Ground sign. One ground sign, lighted or unlighted, not to exceed eight square feet in area, relating to business conducted on the premises, provided the building or buildings in front of which said sign is displayed shall be set back not less than 30 feet from the street line. (3) Wall sign. One sign, lighted or unlighted, not exceeding 32 square feet in area, upon any wall of a structure on the premises relating to businesses conducted thereon. (c) Farming districts. (1) Any sign permissible under subsection (b). (d) All classes of business districts. (1) Ground sign. Cne ground sign, lighted or unlighted, not exceeding 32 square feet in area, relating to businesses conducted on the premises, provided the building or buildings in front of which said sign is displayed shall be set back not less than eight feet from the property line, and provided further, that the height of the sign shall not. exceed 16 feet from the ground. (2) Marquee sign. One sign, lighted or unlighted, attached to the underside of a marquee, not exceeding nine square feet in area, for each ~~~, __ ----~ -15- __ business conducted on the premises, provided the lower edges of such signs are at least seven and one-half feet above the surface of the ground, and provided further, that one sign not to exceed three feet in height may be attached to the face of the marquee. (3) Projecting sign. One sign, lighted or unlighted, for each business conducted on the premises, stating the name and/or the nature of the business. (4) Roof sign. One roof sign, lighted or unlighted, not exceeding 32 square feet in area, relating to a business conducted on the premises, provided such sign does not project above the roof ridge, or, one roof sign which, when mounted on a single-storied building with a flat roof, does not extend more than three feet above the roof line and provided further, that any such sign does not contain lettering more than 24 inches in height. (5) Wall sign. One wall sign, lighted or unlighted, per side or rear of the building to which such sign is attached, relating to businesses conducted on the premises and not exceeding 20 per cent of the area of the total exposed wall on which such sign shall be displayed or not exceeding 400 square feet, whichever is the lesser. Wall signs on the face of the building for each business therein conducted shall not exceed 20 per cent, or 400 square feet, whichever is the lesser, of the area of the face of the building actually occupied by said business. c,~.:<.. ~~.i x:.. u..- _ __ -- ------ (e) All classes of industrial districts. (1) Any marquee or projecting sign permissible under subsection (d). (2) Ground sign, One ground sign, lighted or unlighted, not exceeding 75 square feet in area, relating to businesses conducted on the premises, and not exceeding 16 feet in height from the ground, (3) Roof sign. One roof sign, lighted or unlighted, connected with a business conducted on the premises, provided (a) on flat-roofed, single- storied buildings, the height of any such sign shall not exceed more than five feet above the roof; (b) on other than flat-roofed, single-storied buildings, the sign shall not project above the roof ridge and the sign area shall be less than one-fourth of the projected vertical area of the side of the roof on which it is placed, or 400 square feet, whichever shall be the lesser, (4) Wall sign. One wall sign, lighted or unlighted, per side or rear of the building to which such sign is attached, relating to businesses conducted on the premises, and not exceeding 25 ~~~ per cent of the area of the total exposed wall on which such sign shall be displayed. Wall signs on the face of the building for each business therein conducted shall not exceed 25 per cent of the area of the face of the building actually occupied by said business. -17- //~ Chrd. '",. Y.:.:. SECTION 9. Penalty. (a) Any person who fails to comply with the requirements set forth in the written notice which is issued pursuant to Section 5(c) shall, upon conviction, be punished by a fine not exceeding $500. (b) The failure to comply with the requirements set forth in a written notice issued pursuant to said Section 5(c) within the period of time prescribed therein, shall be deemed a new offense for each day of such non-compliance. SECTION 10. Variances. The Board of Supervisors shall have the power to grant variances from the operation of any Ordinance to an applicant for a permit in the opinion of the Board, the enforcement a hardship upon such applicant, and where variance would not be contrary to the spi this Ordinance and the public interest. SECTION 11. Effective Date. provision of this any case when, in thereof would work the granting of a rit and purpose of This Ordinance shall take effect from and after its final passage by the Board of Supervisors. Dated at }}ilo, Hawaii, this 15th day of November 1961. ADOPTED: December 6, 1.961 INTRODUCED BY: Supervisor, Senatorial- District. -lg- I^ 1 rici ~ :............................'____. ___'