HomeMy WebLinkAboutORD 1979-481 1976-1980BILL No. 498
(Amended)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. 481
AN ORDINANCE AMENDING THE HAWAII COUNTY CODE, AS AMENDED, BY
ADDING A NEW CHAPTER RELATING TO SPECIAL REGULATIONS FOR THE
VILLAGE OF KAILUA AND CREATING AN ARTICLE THEREUNDER RELATING
TO SIGN REGULATIONS FOR THE VILLAGE OF KAILUA.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. STATUTORY AUTHORITY AND PURPOSE.
This ordinance is enacted pursuant to Section 445-13, HRS,
as amended, to regulate outdoor advertising devices in the Village
of Kailua. It is also enacted in response to the Kailua Village
Design Plan, County of Hawaii Ordinance No. 217, which recommends
the development and enactment of special sign regulations for
the Village of Kailua.
SECTION 2. AMENDMENT.
The Hawaii County Code, as amended, is hereby further amended
by adding thereto the following:
CHAPTER 19
SPECIAL REGULATIONS - KAILUA VILLAGE
ARTICLE 1
GENERAL PROVISIONS
Sec. 1. TITLE.
This chapter shall be cited as Kailua Village Special
Regulations.
ARTICLE 2
SIGN REGULATIONS
Sec. 1. INTENT.
Unquestionably signs have a legitimate place in Kailua
Village if they are thoughtfully designed and appropriate to their
surroundings. Many elements of good sign design adapt well to
the theme which is the unique, unhurried atmosphere and the
foundation of Kailua's charm.
The primary purpose of a sign is to promote an identity,
goods and services, or activities through visual communication.
While laws can regulate the size, placement, number, design,
and aesthetics of signs, it is recognized that reasonable minds
may differ as to how sign control can best be accomplished.
The Kailua Village Special District Commission, through the
County of Hawaii Planning Department, has a shared responsibility
for sign review within the Kailua Village Special District.
The provisions of this Article shall be utilized by the Design
Commission and cooperating agencies in evaluating all sign
permit requests within the Kailua Village Special District.
Sec. 2. BOUNDARIES.
This article shall apply to Kailua Village as delineated in
Ordinance No. 628 and as reflected on the attached map.
Sec. 3. DEFINITIONS.
For the purpose of this ordinance, certain terms used herein
shall be defined as follows:
Sec. 3.01. 'BUILDING' means a structure intended for
use and occupation as a habitation or for some purpose of trade,
manufacture, ornament or use constituting a fabric or edifice.
Sec. 3.06. 'COMMISSION' means the Planning Commission of
the County of Hawaii.
Sec. 3.09. 'COUNTY COUNCIL' means the Hawaii County Council.
Sec. 3.12. 'DESIGN COMMISSION' means the Kailua Village
Special District and Urban Design Review Commission.
Sec. 3.15. 'DESIGN, GRAPHIC' means any design or portrayal
painted or applied directly on an exterior wall, fence, awning,
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window or other structure, which is readily visible from any public
right-of-way, and which has as its purpose an artistic effect,
(examples: murals, etc.) and not primarily the identification
of the premises or the advertisement or promotion of the interests
of any private or public firm, person or organization.
Sec. 3.18. 'DIRECTOR' means the Planning Director of the
County of Hawaii.
Sec. 3.21. 'DISPLAY CASE' means a case, cabinet or other
device placed out of doors or affixed to a building, which is used
as a sign.
Sec. 3.24. 'LIGHTING, INDIRECT' means any external sign
illumination which is not an integral part of the sign itself.
Sec. 3.27. 'LIGHTING, INTERNAL' means any illumination from
within a sign designed to make the contents of the sign visible.
Sec. 3.30. 'PLANNING DEPARTMENT' means the County of Hawaii
Planning Department.
Sec. 3.33. 'SIGN' means and includes any device, display
or figure, other than buildings or landscaping, readily visible
from a public right-of-way and used primarily as visual communica-
tion for the purpose of, or resulting in attracting the attention
of a person(s) or the general public. A sign includes, but is not
limited to, any and all pictorial representations, letters, numerals,
emblems, flags, banners, pennants, inscriptions, or patterns whether
affixed to a building, painted or otherwise depicted on or within
a building, or placed separate from any building provided that
traffic control devices in Chapter 291C, HRS, shall not be construed
as signs within the meaning of this ordinance.
Sec. 3.36. 'SIGN, AREA OF' means for free standing
letters used as a sign, ninety percent (908) of the rectangular area
needed to encompass completely all letters, insignias or symbols
of the sign, except as otherwise provided herein. For signs
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other than free standing letters, words, insignias or symbols,
the area is the total surface area of the sign.
Sec. 3.39. 'SIGN, CONSTRUCTION' means any sign which is
intended to identify construction, alteration or repair including
the name of the contractor, designer, and other persons associated
with the proposed activity.
Sec. 3.42. 'SIGN, DIRECTORY' means any sign which is intended
to, or does, identify and attract attention to any property or
premises, and which lists, indicates, or identifies two or more
trade or manufacturing activities.
Sec. 3.45. 'SIGN, DOUBLE FACED' means a single sign which
has two (2) faces placed back to back.
Sec. 3.48. 'SIGN, FREE STANDING' means any sign structurally
separated from a building, which is supported by one or more
columns, uprights, or braces.
Sec. 3.51. 'SIGN, NONCONFORMING' means any sign erected in
compliance with all existing statutes, ordinances and regulations,
prior to the effective date of this ordinance.
Sec. 3.54. 'SIGN, PROJECTING' means any sign which is affixed
or attached to, and extends beyond a building wall or structure,
for more than 15 inches with an incidence angle of greater than 30
degrees.
Sec. 3.57. 'SIGN, REAL ESTATE' means any sign which is
intended to identify and attract attention to the sale, lease,
or rental of real property(s) and/or building(s).
Sec. 3.60. 'SIGN, TEMPORARY' means any sign, banner, pennant,
or valance constructed of cloth, canvass, light fabric, cardboard,
wall board or other similar materials, with or without frames,
intended to be displayed for a period not to exceed thirty (30)
calendar days.
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C
Sec. 3.63. 'SIGN, UNLAWFUL' means any sign constructed,
displayed or erected without the approval of the Director.
Sec. 3.66. 'SIGN, WINDOW' means any sign which is located
or displayed on the inside or outside of a window surface and
which is readily visible from a public right-of-way to the general
public.
Sec. 3.69. 'WINDOW' means an aperture or opening in the wall
of a building for the admission of light and air to the interior
and to allow visibility from within and without.
Sec. 4. ADMINISTRATION.
Any person, firm or agency who plans to erect, construct,
replace, attach, establish or display a sign within Kailua Village
shall obtain a sign permit in accordance with this ordinance.
The Director shall be charged with the administration
and enforcement of this ordinance. Whenever necessary, officials
of other County of Hawaii departments shall render such assistance
as is consistent with the normal duties of their departments to
the Director.
Sec. 4.01. APPLICATION PROCEDURES.
(a) The sign permit application shall be obtained from the
Director who shall forward the completed application, together
with all accompanying information, to the Design Commission for
their review and action.
(b) All sign permit applications shall include two (2)
copies each of:
(1) A graphic, colored illustration of the proposal,
drawn to scale and reflecting all letters and the style and
size of lettering.
(2) A description and/or samples of the type of materials
to be used for the sign and its background; and the method of
lighting, if any.
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(3) A plot plan illustrating the location of the
building and/or site and the proposed sign(s).
(4) Any other information as may be required by the
Director or Design Commission.
(c) Within thirty (30) calendar days of receipt of the com-
pleted application from the Director, the Design commission shall
provide its recommendations to the Director. If a recommendation
is not received within the allotted period, the Director shall
take action on the request within five (5) working days thereafter.
An extension may be granted by the Director only upon the written
consent of the applicant.
(d) The Director shall consider the Design Commission's
recommendation(s) and process the sign permit application.
(e) Prior to recommending any denial action, the Director
shall forward a certified letter to the applicant outlining the
reasons for the denial. The applicant shall be given five (5)
working days, upon receipt of the letter, to submit written arguments
and/or additional reasons for the Director's and the Design Com-
mission's further consideration. The Director shall then take
action to sustain or reconsider the denial recommendation within
fifteen (15) working days of receipt of all additional information;
unless an extension of not more than fifteen (15) calendar days
is mutually agreed upon.
Sec. 4.02. SIGN GUIDELINES.
The following guidelines shall be used by the Design Commis-
sion and the Director in their review of all sign permit applica-
tions proposed within Kailua Village.
(a) Relationship to building, site and surroundings.
Fitting each sign to its surroundings shall be a prime
consideration. A sign shall complement the building it
identifies and the theme of Kailua's village way of life as
described in the Kailua village Design Plan. It shall be a
planned feature, reflecting the architectural scale, design
and color of the building or structure.
(b) Size and number.
The overall size and number of signs shall minimally
dominate the property or the building which it identifies.
(c) Shape.
The shape of the sign shall seek to aesthetically and
functionally emphasize the message.
(d) Lettering.
Subtleness, proportion, and design shall be emphasized
in sign copy and lettering.
(e) Illumination.
Wherever illuminated signs are used, the light intensity,
color illumination and the careful screening of the light
source shall be considered.
(f) Landscaping.
Free standing signs should offer an opportunity for
landscaping treatment at their base.
(g) Material.
The use of materials which are compatible to the village
atmosphere of Kailua shall be encouraged. Such materials may
include, but shall not necessarily be limited to, wood, stone,
canvas, rope, brushed or textured metals, or glass; provided,
however, that any sign or display which is predominantly con-
structed of material with a shiny or slick surface shall not
be permitted.
(h) Color.
The use of natural or earthtone colors that are not gaudy
or clashing shall be encouraged.
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Sec. 4.03. BASIC SIGN REQUIREMENTS.
The following requirements shall be followed:
(a) Size.
(1) Unless otherwise provided, the total permitted
surface area of all signs oriented to any public
street or vehicular access shall be computed as follows:
(i) Buildings or portions thereof under separate
management or control having property frontages of
thirty (30) feet or less shall not exceed twelve (12)
square feet provided, however, that the total surface
area of all such signs shall not exceed, in the
aggregate, 12 square feet on any building frontage(s).
(ii) Buildings or portions thereof under separate
management or control having property frontages of
thirty (30) feet or more shall not exceed forty
percent (408) of the building frontage or twenty-two
(22) square feet; whichever is less; provided,
however, that the total surface area of all such signs
shall not exceed, in the aggregate, 22 square feet
on any building frontage(s).
(iii) The maximum area permitted for any sign not
fronting a public street or vehicular access or for
any sign located within the Kailua Village core shall
be twelve (12) square feet. For the purposes of this
part, the Kailua Village core shall refer to that
area bounded by and/or adjacent to Alii Drive;
Palani Road, Kuakini Highway; and Hualalai Road.
(2) Window Signs. A window sign shall not exceed fifteen
(15) percent of the total aggregate window area in
which the sign is located. Lettering shall be no
higher than nine (9) inches in height.
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(3) Lettering. All lettering and/or symbols including
free-standing letters shall not exceed nine (9)
inches.
(b) Number of Signs.
(1) Only one (1) sign per business or one (1) sign per
street or vehicular access on which a building has frontage
shall be permitted.
(2) In a multi -building complex, a directory sign or a
sign for the complex may be allowed and which shall not
be computed into the aggregate signing.
(c) Height.
Sign height shall be measured from the finish ground
elevation to the top of the sign.
(1) Directory Signs. A directory sign shall not exceed
six (6) feet in height.
(2) Free Standing Signs. A free standing sign shall not
exceed six (6) feet in height. The lettering and/or
symbols shall not be higher than five and one-half (5-1/2)
feet from the finished elevation.
(3) Window and Wall Signs. All window and wall signs
shall not exceed five and one-half (5-1/2) feet in height.
(4) Projecting Signs. A projecting sign may be placed
no less than seven and one-half (7-1/2) feet from the
ground, shall be no higher than nine and one-half (9-1/2)
feet above ground, and shall extend into no more than one-
third (1/3) of the width of a public right-of-way, or four
(4) feet, whichever is less.
Sec. 4.04. PROHIBITED SIGNS.
The following types of signs shall not be allowed:
(a) A sign or display which is constructed primarily of
materials with a shiny, slick or reflective surface such as fiber-
glass or acrylic plastic.
(b) A sign which is displayed on any roof or mansard roof,
or when attached to a building, extends above the lowest edge of
any portion of the roof or mansard roof.
(c) A sign which has a vertical clearance of less than 90
inches above any pedestrian right-of-way or projects, extends,
or is otherwise displayed over or above any vehicular right-of-
way.
(d) Signs for product advertising when visible to the general
public. A sign containing only the name of a business shall not
be a sign for product advertising.
(e) Mechanical gimmicks and decorative elements that function
through animations; revolvement; up, down, sidewards or any other
similar movement; including but not limited to, spinning devices,
light bulb borders, flashing or mobile illumination.
Sec. 5. PERMIT ISSUANCE/REVOCATION.
(a) If the Director, after considering the Design Commission's
recommendations, finds that the proposed sign is in compliance
with all the requirements of this ordinance and all applicable
statutes and ordinances, a sign permit may then be issued by the
Department of Public Works.
(b) A permittee shall, upon completion of the installation,
construction, erection, relocation, or alteration, notify the
Director who shall thereupon cause an inspection to be made.
The Director 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..
(c) I£ the work authorized under a permit has not been sub-
stantially completed within six (6) months after the date of
issuance, then such permit shall become void without any further
action and that any sign installed, constructed, erected, relocated,
or altered thereafter under such permit shall constitute a violation
of the terms of this ordinance.
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Sec. 6. NONCONFORMING SIGNS AND ABATEMENT PROVISIONS.
(a) A nonconforming sign may not be:
(1) Changed to another nonconforming sign.
(2) Structurally altered so as to extend its useful life.
(3) Expanded.
(4) Re-established after discontinuance or change of
ownership of on -premise business.
(5) Re-established after damage or destruction of more
than fifty percent (508) of the sign replacement value.
(b) All nonconforming signs shall be removed and made to
conform to this ordinance according to the following abatement
schedule:
ESTIMATED ORIGINAL COST OF SIGN(S) ABATEMENT PERIOD
LESS THAN $ 500 ................ 12 MONTHS
$ 500 to $1,000 ................ 18 MONTHS
$1,001 to $3,000 ................ 24 MONTHS
$3,001 to $6,000 ................ 30 MONTHS
MORE THAN $6,000 ................ 36 MONTHS
The abatement period shall commence upon the receipt of
official and written notification to the affected individual(s)
by the Director that a sign is nonconforming, provided that
the notification process shall be implemented within one (1)
year from the effective date of this ordinance.
(c) Whether a nonconforming sign exists shall be a question
of fact and shall be decided by the Director upon the advice of the
Design Commission.
Sec. 7. ABATEMENT AND REMOVAL OF UNLAWFUL SIGNS.
(a) The Director shall issue a written notice to the owner
of the sign and/or tenant of the premises upon which any sign has
been constructed or maintained in violation of this ordinance.
(b) The violator shall thereafter take appropriate corrective
actions within a reasonable time limit which, in no case, shall
be more than sixty (60) calendar days.
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(c) Upon failure to comply with such notice within the time
mentioned therein, the Director shall cause such signs to be
removed by means of appropriate court action. violation of the
abatement procedures as herein provided shall subject the violator
to the penalties as provided by Section 10 of this Article.
Sec. 8. SPECIAL SIGNS.
The provisions of this ordinance shall not apply to:
(a) Real estate signs, provided, however, that there shall be
no more than two (2) signs per lot; not exceeding four (4) square
feet per sign nor containing any self -illuminated, luminescent,
or fluorescent features.
(b) Residential identification signs up to, but not exceeding
two (2) square feet per sign per lot.
(c) Construction signs, provided, however, that there shall be
no more than one (1) sign per lot; not to exceed twelve (12)
square feet per sign.
(d) Temporary, informational signs motion picture posters, and
special events posters, provided, however, that all such signs shall
be in accordance with the guidelines found in Section 4.02, and shall
be posted for a period not to exceed thirty (30) days.
(e) Traffic control and other signs designed and intended for the
direction, safety, or convenience of the public, authorized and/or
initiated by the Chief Engineer of the County of Hawaii, and traffic
control devices prescribed by Chapter 291C, HRS.
(f) Reasonable applications upon the glass surface of a door or
window of lettering or decals giving the address, hours of operation,
entrance or exit information, professional or security affiliations
or memberships, credit cards which are accepted or other similar
information.
(g) official notices and signs, posted by order of any
court or public office, or posted by any public officer in
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the performance of a public duty, or posted by any person
required to do so by any statute or ordinance or regulation having
the force of law.
Sec. 9. VARIANCES.
The Commission may grant variances from the provisions of this
ordinance.
Sec. 9.01. GROUNDS FOR VARIANCES.
No "variance" may be granted unless the Commission finds the
following:
(a) That there are special or unusual circumstances such as
a sign's long-term historical or traditional association with the Village
applying to the existing nonconforming sign(s) or the placement of
the proposed sign which do not generally apply to surrounding property,
buildings, or signs in the same district.
(.b) That said special or unusual circumstances exist either
to a degree which deprives the owner or applicant of substantial
property rights which would otherwise be available, or to a degree
which obviously interferes withthe best use of signage on the
subject property.
(c) That the granting of the variance does not constitute a
grant of personal or special privilege inconsistent with the limita-
tions upon other properties under identical rules and regulations.
(d) That the granting of the variance does not violate the
intent and purpose of the Kailua Village Design Plan or the intent
and purpose of this ordinance, does not militate against the County
General Plan and does not materially affect the public welfare or
is injurious to improvements or property rights in the near vicinity.
Sec. 9.02 APPLICATION FOR VARIANCES.
Application for variances shall be in the form of a statement
or letter to the Commission and shall be accompanied by five. (5)
copies of the following:
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(a) A graphic, colored illustration of the proposal drawn
to scale and reflecting all letters and the style and size of
lettering.
(b) A description and samples of the type of materials to be
used for the sign and its background; the method of lighting, if
any.
(c) A plot plan illustrating the location of the building
and/or site and the proposed signs to the building and/or site.
(d) Any other information as may be required by the Director
or the Commission.
(e) A statement indicating the reasons for the request.
(f) A filing fee of $50.00.
Sec. 9.03. PROCEDURES FOR VARIANCE.
The Commission shall, within sixty (60) days after the filing
of a proper application or within such longer period as may be
agreed to by the applicant, consider the application at a public
hearing.
(a) Notice of the public hearing and its purposes shall be
published at least twice in a newspaper of general circulation in
the County, once at least ten (10) days prior to the date of said
public hearing and the second at least two (2) days prior to said
hearing.
(b) In lieu of a published notice in a newspaper, the Commis-
sion may, by policy, require that every recorded property owner,
or leaseholder, of property within three hundred (300) feet of the
subject parcel be notified of said public hearing and its purpose
by mail which shall be postmarked at least ten (10) days prior to
the date of said hearing.
(c) Under the latter procedure, the proceedings and action
shall not be nullified if some owners or leaseholders fail to
receive such notice.
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(d) The Director shall transmit a copy of each variance
application to the Design Commision for its review and recommenda-
tions prior to the public hearing.
Sec. 9.04. ACTIONS ON VARIANCES.
The Commission shall, within a reasonable time after a duly
held public hearing or hearings, deny, approve, or defer the
application subject to conditions.
(a) The conditions imposed by the Commission shall bear a
reasonable relationship to the "variance" granted and shall be
oriented in the direction of achieving a substantial equivalent
or alternative to the regulation from which the variance is sought.
(b) In the event the Commission fails to act, without just
cause, within a reasonable time, but not exceeding four (4) months
after the close of the Commission's public hearing, the Director
shall certify such application as approved and shall so notify
the applicant.
Sec. 9.05. APPEALS FROM ACTIONS ON VARIANCES.
Action of the Commission shall be final, unless the applicant
within thirty (30) calendar days after such action is taken, appeals
said decision in writing to the Planning Board of Appeals in
accordance with Rule 5, Board of Appeals, Rules Relating to Adminis-
trative Procedure.
Sec. 10. PENALTIES.
Any person violating any provision of this Article 2 shall
be fined not less than $25 nor more than $500, or imprisoned
not more than one month, or both.
SECTION 3. SEVERABILITY CLAUSE.
In the event any portions of this ordinance is declared
invalid, such invalidity shall not affect the other parts of this
ordinance.
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SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCILMAN, COUN OF HAWAII
Hilo, Hawaii
Date of Introduction: September 19, 1979
Date of Adoption: October 17, 1979
Effective Date: October 25, 1979
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Hilo, Hawaii
Date: September 19, 1979
FIRST READING
AYES
AYES
NOES
A/E
Dahlberg
x
Domingo
Domingo
X
rujii
Full
X
X
Garcia
Garcia
g
X
Kawahara
Kawahara
X
Lai
Lai
X
Sameshima
Sameshima
X
Tajld
lajirl
g
Chr. Yamashiro
Che Yamashiro
X
7
0
2 JJ
Hilo, Hawaii
Date' Mtnhor 1 7 _ 19-/9
SECOND At FINAL READING
AYES
NOES
A/E
Dahlberg
X
Domingo
,y
rujii
X
Garcia
X
Kawahara
g
Lai
g
Sameshima
%
Tajld
x
Chr. Yamashiro
g
7
0
2 JJ
SEP ?.41979 30
Publimtiwt Date: Publication Date: OCT 1979
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above.
4 1/
DEPy14
C C 1 19 1979
Dore ........ .__.
Approved)^'�= ir. y� day of
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( N.Y." County of Hawan
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Coonal Cha..ma
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County Clark
Bill No. 498 (2nd Revision)
Reference:_ PC--I-25C-1206.3/PC-121
M.B. No. —._ _-_--48 –.—
Ord. No. _ —