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COUNTY OF HAWAII - �•
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ORDINANCE NO.
STATE OF HAWAII
BILL NO.
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
ESTABLISHMENT OF A PAHOA VILLAGE DISTRICT UNDER ARTICLE 7, AND TO
PLAN APPROVAL REQUIREMENTS UNDER ARTICLE 2, DIVISION 7 PARTICULAR TO
SPECIAL DISTRICTS PROVIDING FOR DESIGN GUIDELINES, AND OFF - STREET
PARKING AND LOADING UNDER ARTICLE 4, DIVISION 5 PARTICULAR TO THE
PAHOA VILLAGE DISTRICT, AND CHAPTER 3 (SIGN CODE) OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
ESTABLISHMENT OF A NEW PAHOA VILLAGE SIGNS ARTICLE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. Purpose and Findings. The Council finds that Pdhoa Village is identified
in the Puna Community Development Plan (PCDP) 2008, as amended, as one of three regional
town centers intended to provide a wide range of services for the Puna district. The PCDP
further identifies Pahoa as one of two towns in Puna with the greatest potential for designation as
a Special Design District and that land uses, design themes and architectural and site design
standards for each village /town center will be determined through the preparation of each
regional town center or village center plan through an inclusive community based process that
involves major stakeholders, including landowners, community representatives, and public
agencies.
In October 2011 a Pahoa Regional Town Center Plan Steering Committee (PRTCPSC)
consisting of community leaders and interested stakeholders in the Pdhoa community began
meeting with the idea of developing a growth management plan and design guidelines for Pahoa
Village and became recognized as a subcommittee of the Puna CDP Action Committee on
February 14, 2012. Starting with its first community wide public meeting on March 24, 2012,
the PRTCPSC has conducted an extensive public outreach and survey campaign to engage a
broad cross section of the community in the planning process and to identify community values
and visions. Citizen volunteer working groups were formed with the task of tabulating and
interpreting the results of the more than 600 survey responses received into a statement of about
what the people in Pahoa and the surrounding communities dependent upon Pahoa for access to
goods and services treasure about their town and how they would like to see it grow and develop.
The purpose of these amendments is to establish the Pahoa Village (PV) district and
provide special requirements for Plan Approval and Off - Street Parking oading for
properties in the PV district. The current Zoning Code does not adequately p ide for growth
and development within Pahoa Village that is consistent with the values and vision of the
residents and businesses within the Pahoa Regional Town Center service area. Building design
and signage standards and a process for implementin those standards along with a unique set of
land uses particular to the Pahoa env' onment are necessary to not only ensure that the sense of
place that rest eats and visitors a 1 e identi with Pahoa is retained, but to promote an identity
that will onducive to healthy and sustainable community.
2. Chapter 25, article 2, division 7, section 25 -2 -73 of the Hawaii County
Code 1983 (2005 n, as amended), is amended to read as follows: lamw
"Section 25 -2 -73. [mod.] Plan approval application requirements for special districts
with design guidelines. -
In addition to the application requirements for plan approval contained in section 25 -2 -72,
an application for plan approval for the construction or installation of any new structure or
development or any addition to an existing structure or development that includes the alteration
of the exterior appearance of an existing structure or development in any special district under
article 7 of this chapter, and except for the construction of one single- family dwelling and
nod any
accessory buildings per lot, shall include the written comments and stamped plans of the duly
appointed design review committee for each special district having adopted design guidelines."
2
SECTION 3. Chapter 25, article 3, section 25 -3 -2 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
SECTION 4. Chapter 25, article 4, division 5, section 25 -4 -59.2 of the Hawaii County
1- 5- 6:001_"
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5. Chapter 25, article 7 of the Hawaii County Code 1983 (2005 Edition), is
amended by adding 'anew division to be appropriately designated and to read as follows:
"Division . PV, Pahoa Village District.
Section 25 -7- . Purpose; applicability; boundaries; intent.
(a) The PV (Pahoa Villase) district is established to reinforce and promote Pahoa's role as a
regional town center. Its purpose is to serve as a compact medium density area for retail
shopping, administrative and professional activities, cultural and artistic activities, other
supportive business activities, and single and multi - family housing. Further, the PV district
seeks to preserve the historical architectural theme that has come to symbolize Pahoa's
uniaue sense of place and identity through the implementation of design guidelines within
the PV district
(b) The zoning and design requirements are applicable to all building sites within the PV
district.
(c) The PV district as used in this chapter means the area delineated on the map identified as
Exhibit "1" and attached to this Ordinance and further described as:
(1) All parcels having frontage on Pahoa Village Road from the Pahoa Village Road and
Kea` au -Pahoa Road intersection and the Pahoa Village Road and Pahoa- Kalapana
Road intersection,
(2) All parcels having frontage on Post Office Road between Pahoa Bypass Road and
Pahoa Village ,
(3) All parcels having frontage with the west side of Kea`au -Pahoa Road between and
inclusive of tax map key numbers: 1 -5- 07:012 and 1 -5- 07:068,
(4) Parcels identified by tax map key numbers: 1 -5- 06:037, 1 -5- 06:015, 1 -5- 03:046, and
(5) All parcels any_part of which is designated medium density urban in Exhibit A of
Ordinance No_ 12 -89 amending the general plan land use pattern allocation guide
(LUPAG) map, with the following exclusions:
(A) That portion of tax man kev no: 1 -5- 02:020 that is n ianated medium
density urban in Exhibit A of Ordinance 12 -89, and
(B) All of tax map key numbers: 1 -5- 01:003 and 1 -5- 08:001.
ntent of the architectural guidelines provided in the Pahoa Towi
Guidelines ( "design guidelinesT) is to articulate primary architectural features and building
design characteristics that have historically been identified as the Hawaii plantation
architectural style or theme. While no specific minimum number of the architectural
features or building design standards in the design guidelines shall be required for any
proposed project, all buildings and structures within the PV district should be designed to be
consistent with the Hawaii plantation architectural theme and to be complementary with the
existing structures within the immediate vicinity.
Section 25 -7- . Pahoa design review committee membership: appointment: term.
(a) The purpose of the Pahoa design review committee ( "committee ") is to provide an
architectural and design review of plans for all new buildings and structures as well as
alterations to existing buildings and structures that include any changes to the exterior of
said buildins or structure within the PV district. The committee shall also review
applications for signage within the PV district, as provided in chapter 3, article of this
Code.
(b) The committee shall consist of five members who shall be appointed by the mayor with the
approval of the council, and may be removed upon recommendation of the mayor and the
approval of the council. OF
(c) Membership should reflect a broad cross section of the Pahoa community and to the extent
reasonably_ possible shall include representation from the construction industry, business,
architecture, and design professionals.
(d) Members shall be residents of the Pahoa regional town center service area, having a
minimum two years of residency_ prior to appointment. The Pahoa regional town center
service area is comprised of the current 96778 postal zip code area.
(e) Members shall serve staggered terms of five years, provided that of the first members
appointed, one shall be appointed for a term of one year, one for a term of two years, one for
a term of three years, one for a term of four years, and one for a term of five years.
(fl No member shall be eligible for a second appointment prior to the expiration of two years,
however, any member appointed for a term of two years or less shall be eligible to succeed
themselves for an additional full term.
(g) When the term of a member expires, that member may continue to serve until a successor is
appointed.
(h) Except as provided in this section, the committee shall be governed by section 13 -4 of the
Hawaii County Charter.
Section 25 -7- . Rules of procedure.
Chapter 91, Hawaii Revised Statutes.
(b) Upon adoption of rules as provided in this section, the director shall not accept any
application for a building permit or plan approval for a project within the PV district without
Section 25 -7- . Powers and duties of the Committee.
approval or a building permit for any structure within the PV district to ensure the proposed
project is consistent with the design guidelines. Architectural and design review and
findings for each project shall be guided by design guidelines, as adopted by resolution of
the council. and amended from time to time.
(c) The committee shall complete its review of a complete project design review application
and issue its written findings to the project applicant within thirty calendar days of receipt.
Approved plans shall be stamped indicating the date of such approval.
(d) In the event that committee is not yet seated or a quorum of its members cannot be
assembled within twenty calendar days from the date an application for project design
review is submitted to either the committee�or the director, the director shall provide an
architectural and design review utilizing the design guidelines.
(e) The committee shall provide an architectural and design review of all planned public
improvements such as street widening, street lights, and any other similar public
improvement that will alter the physical appearance of Pahoa Village. The
recommendations of the committee shall be forwarded to the director.
(fl The committee shall be authorized to Prepare and submit recommendations for amendments
to the design guidelines and PV district boundaries as may be necessary. A comprehensive
review with recommendations for amendment to the design guidelines and PV district
boundaries shall be submitted to the director within ten years following adoption of the
guidelines and approval of the committee rules of practice and procedure, and every ten
years thereafter. Iw
(g) The committee shall review all applications for signage, as provided in chapter 3, article
of this Code.
(h) The committee shall review any application for a planned unit development in the PV
district for consistency with the design guidelines and report its recommendations to the
director prior to approval of the planned unit development.
(i) Recommendations and approvals to the director shall be consistent with the provisions of
the County Charter,, general plan, Puna community development plan, Pahoa town center
design guidelines, zoning and other related ordinances and PAY publicly funded master plan
developed for the PV district.
district shall be measured from the highest projection of the building roof to a datum represented
by the average finish grade surrounding the building along the building's exterior walls or edge
of roof, whichever results in the largest total area.
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Section 25 -7- Minimum building site area.
square feet.
Section 25 -7- . Minimum
in the PV district shall hMILa mini
sixty feet.
(1) Front and rear yards, none, except as required by plan approval,
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM, or
RCX district. Where the side yard adjoins the side yard of a building site in an RS,
RD, RM, or RCX district, there shall be a side yard which conforms to the side yard
requirements for dwelling use of the adjoining district, and
(3) For single- family dwellings,, front yards may be none, rear and side yards shall be the
same as the yard requirements for the RS district.
Section 25 -7- . Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing structures in
the PV district, except for construction of one single- family dwelling and M accessory
buildings per lot.
(b) Exceptions to the regulations for the PV district regarding heir, building site areas,
building site average width and yards, may be approved by the director within a PUD
provided the intent of this division is observed.
(c) The written findings accompanied by the approved stamped plans of the committee shall
accompany any building permit application submitted for approval by the planning
department for any new single- family residential structure or the renovation/remodeling of
an existing single- family residential structure that includes alterations to the building
exterior."
SECTION 6. Chapter 3 of the Hawaii County Code 1983 (2005 Edition, as amended),
is amended by adding a new article to be appropriately designajfikt and to read as follows:
Section 3- . Purpose; applicability.
legitimate place in Pahoa if they are thoughtfully t�fully 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 Pahoa's charm. The primary_ purpose of a sign is promote
the identity, goods and services, or activities on the property 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 Pahoa Village design committee ( "committee ") through the planning department, has a
shared responsibility for sign review within the Pahoa Village district. The provisions of this
requests within the Pahoa Village district.
Unless otherwise provided for in this article, all sections of article 1 apply to the Pahoa
Village district. However, certain other aspects of signage are applied specifically to this district
in addition to those in article 1.
B
construct, erect, alter, relocate, reconstruct, or cause to be displayed, installed, constructed,
erected, altered, relocated, or reconstructed any sign within the Pahoa Village district without
first having obtained a sign permit in accordance with this chapter and article.
Section 3- . Permit application; contents.
(a) To obtain a sign permit, the applicant shall file an application on forms furnished by the
director.
(b) The application shall include information required by section 3 -16 and, in addition:
(1) A graphic, colored illustration of the proposed sign, drawn to scale and reflecting all
letters and the style and size of lettering;
(2) A description or sample of any type of material to be used for the sign and its
background, and a description of the method of any lighting,
(3) A plot plan illustrating the location of the building or site and the location of the
proposed sign, and
(4) Any other information the director or design commission may require.
Section 3- . Design Committee review; failure to review.
(a) Each completed permit or variance application, together with all accompanying information
shall be forwarded promptly by the director through the County_ planning director to the
committee for its review and action.
(b) Within thirty calendar days after receipt of the completed application from the director, the
committee shall provide its written recommendation(s) to the director. If a recommendation
is not received within the allotted period, the director shall act on the request in accordance
with section 3 -18 or 3 -23. as the case may be. An extension may be granted by the director
Section 3- Guidelines for review.
shall consider the following guidelines, as well as those found in the Pahoa Town Center Design
Guidelines ( "design guidelines "). In the event a conflict exists between any requirement of this
chapter and the design guidelines, the more restrictive or specific requirement shall prevail:
(1) Fitting each sign to its surroundings shall be a prime consideration. A sign shall
complement the building it identifies and contribute to Pahoa's historical architectural
character as described in the design guidelines. Signs shall be a planned feature,
reflecting the architectural scale, design, and color of the building or structure. It
should be graphically simple and present an appropriate level of detail without
(3) The shape of the sign shall seek to aesthetically and functionally emphasize the
message and not compete with the architecture of the buildin.
(4) Subtleness, proportion, and design shall be emphasized in sign copy and lettering,
(5) When an illuminated sign is used, the light intensity, color illumination, and the
careful screening of the light source shall be considered.
(6) A freestanding sign should offer an opportunity for landscaping treatment at its base.
(7) The use of any material which is compatible to the village atmosphere of Pahoa shall
be encouraged. Primary consideration should be given to wood or non - reflective
metal, on which a design can be carved, sand blasted, or painted.
(8) The use of any natural or earth tone color that is not gaudy or clashing shall be
encouraged.
Section 3- . Action on permit application.
(a) The director shall consider the committee's recommendation(s) when processing a sign
permit application.
(b) If the director, after considering the committee's recommendation(s), finds that the proposed
sign is in compliance with this article and chapter and any other applicable county, state or
federal law or regulation, a sign permit shall be issued by the department.
Section 3- . Variances.
A variance may be granted in accordance with article 1, division 6 of this chapter.
Section 3- . Desi2n Committee review of variances.
Prior to final decision - making on a variance application, the director shall transmit a copy of
recommendation.
Division 2. Permissible Sians.
Section 3- . Sign area /size and lettering size.
(a) Unless otherwise provided. the maximum permitted surface are of anv sign oriented to
(1) Directory sign.
(A) If the lot
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twelve square feet, except that no wall directory sign may exceed the lesser of
twelve sauare feet or fifteen percent of the wall area on which it is located.
(B) If the lot frontage is greater than thirty lineal feet, a directory sign may not
exceed twenty -two square feet, except that no wall directory sign may exceed the
lesser of twentyzLwo square feet or fifteen percent of the wall area on which it is
located.
in the Pahoa Village d
(2) Ground sign.
A) If lot frontage is up to
shall not exceed twelve
square feet for any building or portion of a building under separate management
or control and not exceed six feet in elevation from the ground.
If lot frontage is greater than thirty lineal
shall not exceed
twenty -two square feet for_any building or portion of a building under separate
management or control and not exceed eleven feet in elevation from the ground.
(3) Marquee sign
(A) A sign attached to the underside of a Marquee (hanging sign) for each business
conducted on the premises shall not exceed nine square feet in area, and the
lower edges must be at least seven and one -half feet above the ground.
(B) A sign attached to or otherwise displayed upon the face of the marquee shall not
exceed a total sign area of twenty -two square feet or fifteen percent of the
marquee area on which it is displayed, whichever is less.
(4) Projecting sign.
A projecting sign for each business conducted on the premises, stating the name
and the nature of the business, may only occur on an exterior wall without an overhang
and shall not exceed sixteen sauare feet.
(5) Wall sign.
(A) If lot frontage is up to thirty lineal feet, a wall sign shall not exceed fifteen
percent of the total exposed area of the wall, associated with the business on
which the sign s displayed, or twelve square feet, whichever is less. A si.°nnoon
the face of the building for each business conducted on the premises shall not
exceed fifteen percent of the area of the face of the building actually occupied by
the business, or twelve square feet, whichever is less.
(B) If lot frontage is greater than thirty lineal feet, a wall sign shall not exceed fifteen
percent of the total exposed area of the wall, associated with the business for
which the sign is displayed, or twenty -two square feet, whichever is less. A sign
on the face of the building for each business conducted on the premises shall not
exceed fifteen percent of the area of the face of the building actually occupied by
the business or twenty -two square feet, whichever is less.
(C) The total area of any wall covered by signage shall not exceed fifteen percent of
multiple businesses.
(6) Window signs painted window signs.
For any business, one window sign fronting any street is allowed and shall cover
no more than five percent of the total combined area of windows on the respective
street frontage or ten square feet, whichever is less.
fronting a public street or vehicular access or for any sign located within the Pahoa Village
district.
Section 3- . Si2n elevation.
sign, shall be as follows:
(1) A directory wE
in
(2) The elevation of a ground sign shall be computed as the distance from the base of the
ign at normal grade to the top of the highest attached component of the sign. Normal
IMW construction or the newly established grade after construction, exclusive of any filling,
berming, mounding, or excavating solely for the purpose of locating hie signA
ground sign shall not exceed six-feet in elevation. The lettering or symbols shall not
be higher than five and one -half feet from the finished elevation.
(3) A projecting sign may be placed no less than seven feet above ground, and may extend
into no more than one -third of the width of any_public area or pedestrian wax, or four
feet, whichever is less.
(4) The top edge of a wall sign shall not exceed the top of the roof line of the building on
which the sign is attached.
(5) A window sign shall not exceed five and one -half feet in height.
Section 3- . Number of sins.
(a) Onlv two signs for anv commercial business for anv street or vehicular access on which a
building has its primary entrance shall be permitted.
(b) In a multi - building complex, a directory sign for the complex may be allowed which shall
not count as the one sign allowed for the building frontage.
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Section 3- . Prohibited sins.
In addition to the signs prohibited in section 3 -7, the following types of signs are also
_prohibited in the Pdhoa Village district:
(1) Any sign or display which is constructed primarily of materials with a shiny, slick, or
reflective surface such as fiberglass or acrylic plastic;
(2) Any sign which is displayed on any roof or mansard roof, or when attached to a
building extends above the lowest edge y_portion of the roof or mansard roof;
(3) Any sign which has a vertical clearance of less than nine feet or projects, extends, or is
otherwise displayed over or above any public street, park, other public places or
pedestrian way, except as may be permitted by section 3 -76 or chapter 22,
(4) Any sign for product advertising when visible to the e� neral public. A sign containing
only the name of a business is not a sign for product advertising;
(5) Any mechanical sign, graphic design or decorative element that functions through
animation, revolvement, Lip, down, sidewards or any other similar movement,
includins but not limited to. anv sninniniz device. light bulb border. flashins or mobile
illumination, and
or other similar information.
A &: %Ih�"%
SECTION 7. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 8. ° Sever If any provision of this ordinance or the application thereof
to any person or circumstan is held invalid, such invalidity does 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 to be severable.
SECTION 9. This ordinance shall take effect upon its approval.
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Hawaii
Date of Introduction:
Date c
Date c
Effect
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
12
Pahoa Village District
W
Pahoa Village District
w E Pahoa High School
Exhibit 1