Definitions for Sign Rules

(a) As used in this chapter: (1) “Aerial sign” means any moveable sign or inflatable object located above the ground, not permanently affixed, including a balloon used as a sign, or an airplane banner. (2) “Automated sign” refers to any sign, which has moving parts or words, or which projects any intermittent or flashing illumination, or which has messages that are manually or electronically changeable on a continuous basis. (3) “Banner” is a sign made of fabric or any non-rigid material with no enclosing framework. (4) “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. (5) “Business” or “business establishment” means a single commercial enterprise. SIGNS § 3-3 (6) “Commercial” or “commercial interests” means relating to any provision or proposal of a commercial transaction, or locating or otherwise enabling or promoting any business or activity or establishment that proposes commercial transactions. (7) “Council” means the Hawai‘i County council. (8) “Department” means the County department of public works. (9) “Design commission” means the appropriate board, commission, or committee established by ordinance to review the design of structures in a special district listed in chapter 25, article 7. (10) “Director” means the director of the County department of public works or the director of the department of public work’s duly authorized County representative. (11) “Directory sign” means a special type of ground or wall sign which identifies and attracts attention to any property or premises and which lists, indicates, or identifies a business building, business complex, or two or more business activities conducted on the premises. Such signs shall conform to the applicable ground or wall sign requirements of this chapter. (12) “Display case” means a case, cabinet, or other device placed out of doors or affixed to a building which is used as a sign. (13) “District” means a zoning district as established in the County zoning code. For the purposes of this chapter, zoning districts shall be divided into three major categories, “residential,” “commercial/industrial,” and “agricultural/open.” (A) “Residential district” includes the following districts: (i) RS, single-family residential district; (ii) RD, double-family residential district; and (iii) RM, multiple-family residential district. (B) “Commercial/industrial district” includes the following districts: (i) RCX, residential commercial mixed district; (ii) V, resort-hotel district; (iii) CN, neighborhood commercial district; (iv) CG, general commercial district; (v) CV, village commercial district; (vi) MCX, industrial commercial mixed district; (vii) ML, limited industrial district; and (viii) MG, general industrial district. (C) “Agricultural/open district” includes the following districts: (i) RA, residential and agricultural district; (ii) FA, family agricultural district; (iii) A, agricultural district; (iv) IA, intensive agricultural district; and (v) O, open district. 3-3 SUPP. 8 (7-2020) (14) “Ground sign” means any sign supported by or located upon any fence or independent support that is placed on, or anchored in, the ground and that is independent from any building. “Fence” means an enclosing or dividing framework for land, yard, or garden and includes any type of freestanding or retaining wall. (15) “Graphic design” means any design or portrayal painted or applied directly on an exterior wall, fence, awning, window, or other structure, which is readily visible from any public street, and which has as its purpose an artistic effect, and is not primarily the identification of the premises or the advertisement or promotion of the interests of any private or public firm, person or organization. (16) “Illuminated sign” means any sign in which the characters, letters, figures, designs, and/or outlines are illuminated by electric lights or luminous tubes. (17) “Indirect lighting” means any external sign illumination which is not an integral part of the sign itself. (18) “Kailua Industrial Subdivision” means the area bounded by and adjacent to the following: Beginning at the northwest corner of the intersection of Kaiwi Street and Kuakini Highway, then westerly along Kuakini Highway, then turning northerly along the western boundary of TMK: 7-4-010:007 and continuing northerly along the west boundary of the lots along the west side of Kaiwi Street to the northwest boundaries of TMK: 7-4-015:016, then southeasterly along the makai boundary of Queen Ka‘ahumanu Highway. Then turning southwesterly along the eastern boundary of the ‘Eho Street right-of-way. Then turning southeasterly along the mauka boundary of ‘Ālapa Street and continuing to the southeast corner of TMK: 7-4-010:043. Then turning southwesterly along the eastern boundary of TMK: 7-4-010:043 and continuing to the southeast corner of TMK: 7-4-010:001 at the mauka side of Kuakini Highway. Then westerly along the mauka side of Kuakini Highway to the point of beginning. (19) “Kailua Village core” means the area bounded by or adjacent to Ali‘i Drive, Palani Road, Kuakini Highway, and Lunapule Road. (20) “Lot” means a building site or a parcel of land with an assigned tax map key number. (21) “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. (22) “Painted window signs” means any sign painted on a window which exceeds two square feet in size. This qualifies as a sign in lieu of a wall sign. (23) “Pedestrian way” means a public right-of-way or easement between or through lots for pedestrian use. SIGNS § 3-3 (24) “Person” or words denoting 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. (25) “Portable sign” means any sign that is not an aerial sign and is not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs converted to A-frames or T-frames, menu and sandwich board signs, and signs attached to or painted on vehicles parked and visible from any public street, park, other public place or pedestrian way, unless said vehicle is driven in the normal day-to-day operation of the business. (26) “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. (27) “Roof sign” means any sign erected, constructed, and maintained wholly upon and over the roof of any building. “Roof” means the cover of a building, including the roofing and all other material and construction (such as supporting members) necessary to carry and maintain it over the walls or uprights. “Roofing” means any material used as a roof covering, including, but not limited to shingles, slate, sheet metal, or tile. “Mansard” means a double- pitched roof with the lower slope steeper than the top. (28) “Sign” means any device, figure, painting, picture, drawing, placard, poster, awning, canopy, street clock, light, model, notice or bill, including any announcement, declaration, display, illustration, insignia, or message which is: (A) Used to advertise or promote the interests of any person or entity or to communicate information of any kind to the public; (B) Placed on or applied to real property outdoors, attached to the exterior of buildings or structures or is located or displayed directly on the exterior or interior surface of a window; and (C) Visible from any public street, park, other public place or pedestrian way. A sign also 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 a building, or placed separate from any building; provided that traffic control devices prescribed by chapter 291C, Hawai‘i Revised Statutes, shall not be construed as signs under this chapter. “Signs” as used in this chapter is not meant to include or prohibit street addresses required by chapter 14, sculpted ornamental shrubbery or ground cover, or signage that is constitutionally protected or otherwise permitted by state or federal law. (29) “Street” means a public right-of-way or easement intended for vehicular and/or pedestrian use that provides direct or indirect access to property. “Street frontage” means that portion of a building site that has a common boundary line with a street right-of-way boundary line. (30) “Temporary painted window sign” means any noncommercial painted sign on a window that is seasonal or temporary in nature. (31) “Temporary sign” means any sign which is not permanently installed or constructed as required under divisions 8 and 9, such as outdoor decorations or advertising devices announcing an event, a meeting or series of meetings, if displayed on the premises where the event, 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, including but not limited to, sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services. (32) “Wall” means any structure which has a slope of sixty degrees or greater with the horizontal plane and which serves to enclose or subdivide a building. Fences, which mean enclosing or dividing frameworks for land, yard, or gardens, shall not be considered to be walls for purposes of this chapter. (33) “Wall sign” means any sign which is affixed to an exterior wall of any building when the sign projects not more than fifteen inches from the building wall, structure, or its parts, or a sign attached to a marquee. A wall sign does not include a sign on a mansard, or sloped roof or roof-like facade on a building, each of which is considered a roof sign. The maximum height of a wall sign shall be measured from the finished floor level to the top of the sign. (34) “Window” means an aperture or opening in the wall of a building which admits light and/or air to the interior of the building and allows visibility from within and without. (35) “Window sign” means any sign which is located or displayed directly on the inside or outside of a window surface. (2004, ord 04-142, sec 2; am 2020, ord 20-19, sec 2.)3-3 Division 3. Sign Area/Size Calculation.