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HomeMy WebLinkAbout2152s d.16. g'! ORDINANCE NO. a/ -Z AN ORDINANCE of the City of Port Angeles establishing standards and regulations for the design, placement and maintenance of all exterior signs and sign structures in the CBD Zone, as defined in Ordinance No. 1709; providing procedures for the administration of the Ordinance; providing penalties for violation of the Ordinance; amending Article. IV, Section 9, of Ordin- ance 1709; and adding a new chapter and title to the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. PURPOSE. The purpose of this Ordinance is t enhance the aesthetic and commercial appeal of the Central Busines District of the City of Port Angeles by establishing standards and regulations for the design, placement, size and maintenance of all exterior signs and sign structures, in order to emphasize the pedestrian nature of the Central Business District. It is further the purpose of this Ordinance to protect the general health, safet and welfare of the citizens of the City and insure vehicular and pedestrian safety_by prohibiting flashing, rotating and similar signs, both existing as well as those placed in the Central Busi- ness District in the future. Section 2. DEFINITIONS. (1) Except where specifically defined herein, all words used in this Ordinance shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular. The word "shall" is mandatory; the word "may" denotes a use of discretion in making a decision. The words "used" or "occupied" shall be considered as though followed by the words "or intended, maintained, arranged or designated to be used or occupied ". (2) Billboards Outdoor advertising signs containing a message, commercial or otherwise, unrelated to any use or activity of the property on which the sign is located. (3) Display Surface That part of a sign structure used to dis- play an integrated advertising message. (4) Marquee A permanent covering structure projecting horizon- tally from and attached to a building affording protection from the elements. (5) Person Any individual, corporation, association, firm, part- nership and the like, singular or plural. (6) Sign Any letters, figures, design, symbol, trademark or de- vice intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance article, machine or merchandise, and including display sur- faces and support structures thereof. (7) Sign Area The area of the sign shall be the sum of each dis- play surface, including both sides of a double -faced sign, as determined by circumscribing the exterior limits on the mass of each display erected on one sign structure with a circle, triangle or quadrangle connecting all extreme points. Where a sign is composed of two or more individual letters mounted directly on a wall, the total display surface, including its background, shall be considered one sign for purposes of cal- culating sign area. The structure supporting a sign is not included in determining the area of the sign unless the strut ture is designed in a way to form an integral part of the dis- play. (8) Sign, Freestanding A single or multiple faced sign, supporter, from the ground by one or more columns, uprights or braces. (9) Sign, Pedestrian A small sign designed to identify a busines to a pedestrian and indicate the location of the entrance. (10) Sign, Projecting Any sign other than a wall sign which ex- tends more than 12 inches from the facade of the building to which it is attached. -2- (11) Sign, Roof Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. (12) Sign, Rotating Any sign which rotates on a fixed axis. (13) Sign, Temporary A sign constructed of cloth, canvas, card- board, wallboard or other light material, intended to be dis- played for a limited period of time, not to exceed 90 days within a single calendar year ,fiunless otherwise speci- fied in this Ordinance. (14) Sign, Wall Any sign attached to and supported by the wall of a building or the wall of a structure, with the exposed face of the sign in a plane parallel to the plane of -said wall. (15) Sign, Window Any sign located inside and affixed to or with- in three feet of the window panes of a building, whether tem- porary or permanent. (16) Street A public right -of -way which affords a primary means of access to abutting property. (17) Street Frontage The side of a building facing the'street. (18) Surface Area or Facade The surface area or facade shall be the area of that continuous exterior front, side or back sur- face of a building, including doors and windows, but exclud- ing any roof area. Section 3 APPLICABILITY. This Ordinance shall regulate signs in the area zoned "Central Business District" as it is desig nated in Ordinance No. 1709 and as it is set forth in the official Zoning Map for the City of Port Angeles, as it now exists or may hereafter be amended. Section 4 PERMIT. .(1) Required. No person shall erect, relocate or otherwise con- struct or alter any sign in the Central Business District without complying with this Ordinance and, when required, ob- taining a sign permit from the Building Inspector of the City -3- of Port Angeles. A separate permit shall be required for each sign for which a permit is required. (2) Permit Application. Each permit application shall be filed with the Building Inspector by the property owner, lessee, contract purchaser or other person entitled to possession of the property, or by an authorized agent, on a form provided by the City, and shall contain and include the following: (a) Building name and location. (b) Building owner and lessee; sign owner and sign lessee; name of business; primary product and /or service. (c) Location of existing and proposed signs. •(d) Descriptions of signs, including dimensions, materials and copy material. (e) Required fee. (f) Name, address and telephone number of the sign installer (3) Permit Fee Schedule. A permit fee in an amount as shall from time to time be set by the City Council by resolution shall be paid to the Building Inspector. (4) Activities Exempt from the Permit Requirements. The follow- ing activities shall not require a permit: (a) The changing of advertising copy or message on a law- fully erected painted or printed sign, theatre marquee or similar signs specifically designed for the use of changeable copy. (b) Maintenance or cleaning of a sign, and repainting exist- ing copy of a permitted sign or legal nonconforming sign, provided'the repainting of a legal nonconforming sign does not occur after the amortization period. Section 5. EXEMPT SIGNS. The following signs are exemp from the permit requirements of this Ordinance: -4- • • (1) Official traffic signs, directional signs, signals, business directory maps, kiosks, and public notices erected by public authorities. (2) Informational service signs, such as "Customer Parking ", "Driveway Entrance" and "Exit ", not to exceed three (3) squar feet. (3) Signs identifying public conveniences, such as restrooms, telephones, bus stops and taxicab stands, not to exceed three (3) square feet. (4) Informational warning signs, such as "No Trespassing ", "No Dumping ", "No Parking ", not to exceed six (6) square feet. (5) Building address identification number limited to twelve (12) inches in height. (6) A permanent building identification, including building plaques, cornerstones, name plates and similar devices. (7) Temporary political signs and signs displayed in windows of party political headquarters, provided they are removed with- in fourteen (14) days after the election. (8) Temporary decorations customarily displayed at special holi- days, such as Christmas and Independence Day, provided they are removed within fourteen (14) days after the holiday. (9) One temporary real estate sign for each street frontage lo- cated on the premises for sale, lease or rent, not exceeding eight (8) square feet; provided that it is removed fourteen (14) days after the sale, lease or rent of the premises. (10) One temporary sign for each street frontage denoting the ar- chitect, engineer or contractor, placed upon work under con- struction, not to exceed ten (10) square feet; provided it is removed fourteen (14) days after completion of construction. (11) Any sign located within a building not visible from the street or sidewalk. (12) Flags of government and commercial institutions. -5- (13) Sculptures, fountains, mosaics, not incorporating advertising or identification of a business. (14) Sandwich board signs worn by a person while walking the pub- lic ways of the City. (15) Signs painted directly on windows. (16) Existing traditional theatre marquees, not exceeding two hun- dred sixty (260) square feet. (17) Barber poles. Section 6 REQUIREMENTS APPLICABLE TO ALL NON- EXEMPT SIGNS. (1) Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced as to avoid undue brightness, glare or reflection of light on private or pub- lic property in the surrounding area, and so as to avoid un- reasonably distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reason ably necessary to make the sign reasonably visible to the average person on an adjacent street or recognized pedestrian or marine route. (2) Content. Content of signs shall be limited to identification of business, major enterprise, product or service. A sign may utilize changeable copy; provided that the copy is limite to identification of products sold and services offered or contains a community service message. (3) Compliance with other Ordinances. Nothing in this Ordinance shall be construed to modify or in an Y other manner alter the requirement that any sign comply with all other Ordinances of the City of Port Angeles as they may now exist or hereafter - be amended. -6- (1) • • Section 7 PERMITTED SIGNS. Total Sign Area on Streets. Each individual business with street frontage may have a total sign area of all non - exempt signs not to exceed 20% of the surface area of the building facade occupied by the business, or two hundred (200) square feet, whichever is less. When a building is located on more than one street frontage, each visible building facade shall be considered separately. Such signs may be wall signs, mar- quee signs, pedestrian signs, freestanding signs, projecting signs, or any combination thereof, subject to the following standards: (a) Wall Signs. Wall signs shall be mounted parallel to the building facade and shall project no more than twelve (12) inches from the wall on which they are attached. (b) Marquee Signs. A sign may be mounted on the front or outer top edge of a marquee, parallel to the street frontage, provided that the sign shall not exceed a ver- tical distance of eighteen (18) inches above the top horizontal edge of the marquee and all supporting mechanisms are concealed from view. (c) Pedestrian Signs. A pedestrian sign attached to the un- derside of a marquee shall be at a right angle to the plane of the building facade and not extend beyond the outer edge of the marquee. A clearance of not less than eight (8) feet from the underlying sidewalk shall be maintained. Said sign shall not exceed six (6) square feet in sign area. (d) Freestanding Signs. Where all portions of a building are located more than fifteen (15) feet from the street right -of -way the building may have one freestanding sign Freestanding signs shall not exceed fifty (50) square feet in sign area or twenty (20) feet in height. -7- (e) Projecting Signs. Projecting signs may be mounted at a right angle to the plane of the building facade, pro- vided the sign shall not extend twenty -four (24) inches beyond the facade of the building. Further provided that signs occurring under marquees shall be governed by the requirements for marquee signs in Subsection (1) (b) of this Section. (2) Second Floor Businesses. The total sign area for a business occupying an upper story of a building with street frontage shall not exceed 20% of the surface of the building facade occupied by the business, or two hundred (200) square feet, whichever is less. A second floor business or businesses may have one sign on the street level identifying the up- stairs businesses, provided, that said sign, shall not ex- ceed three (3) square feet. (3) Multiple Businesses, Arcades and Galleries. The total sign area of two or more businesses sharing a common facade with at least one business not having a street frontage shall not. exceed 20% of the surface area of the common facade. One ad- ditional sign, not exceeding three (3) square feet, listing all of the businesses may be provided. (4) Sign Area on Alleys. Each individual business with alley frontage may have a total sign area of all signs not to ex- ceed 10% of the surface area of the building facade on the alley occupied by the business. Alley signs shall be mounted parallel to the building facade and project no further than twelve (12) inches from the wall on which the sign is attache (5) Sign Area on Side Walls. Signs may be mounted on exposed side walls of buildings, which walls do not have street front age, in accordance with Subsection (1) of this Section; -8- provided, that only the area of the exposed wall shall be con sidered the surface area of the facade. Section 6 PROHIBITED SIGNS. The following signs are prohibited in the Central Business District: (1) All signs illuminated by, or containing, blinking, flashing, intermittent or moving lights; provided that digital time/ temperature signs and the moving hands of a clock otherwise allowed under this Ordinance shall not be prohibited. (2) All roof- mounted signs, including any signs painted directly on the roof surface. (3) All strings of pennants, banners, flyers, ribbons or other fluttering devices; provided that such devices may be dis- played to make notice of the opening of a business for a period not to exceed ten (10) days. This section shall not prohibit seasonal decorations or seasonal banners affixed to light poles by the Municipality or non - profit organizations. (4) Billboards. (5) Temporary signs attached to, located on or resting against a motor vehicle or trailer for the purpose of advertisement or directing people to a business. (6) All signs which purport to call attention to a business or building with words such as "look ", "stop ", "slow down" or other words of like import. (7) All moving, rotating or animated signs, except barber poles. (8) All signs painted directly on building faces, walls or build- ing structural components; provided, that painted signs are permitted if the applicant posts a bond or some other form of security in an amount sufficient to remove the sign, as de- termined by the Public Works Department. (9) All signs which no longer serve an on -going business. (10) All signs which have no permanent attachment to a building or the ground, including but not limited to A -frame signs, pole attachments and mobile signs. (11) Projecting signs that project further than twenty -four (24) inches from the building facade; ,provided, that signs occur- ring under marquees shall be governed by the requirements for marquee signs in Section 7(1)(b). (12) All signs contrary to the provisions of this Ordinance. Section 9. REMOVAL OF PROHIBITED AND NONCONFORMING SIGNS (1) Within ninety (90) days, the Building Inspector shall clas- sify, or cause to be classified, all signs in the Central Business District as either "prohibited ", "legal nonconform- ing", or "permitted ". (2) The Building Inspector shall notify either the sign owner or lessee, or the owner of the property, of each sign that is either a prohibited or nonconforming sign under the terms of this Ordinance. This notification shall occur within forty - five (45) days of the completion of the Building Inspector's classification. (3) If a prohibited sign advertises a business no longer existing or a product no longer sold on the premises, it shall be re- moved within thirty (30) days of receipt of the notice from the Building Inspector. (4) If the prohibited sign has been in use to identify a business or advertise a service for a period of six (6) years or more, and such business or service is still in existence, the sign shall be removed or made to conform within one (1) year of receipt of the notice from the Building Inspector. (5) (a) If the prohibited sign has been in use for less than seven (7) years to identify a business or advertise a service, which business or service is still in existence the sign may be retained in use for a period not to ex- ceed seven (7) years from the date of installation of the sign. (b) It shall be the duty of a sign owner or lessee, or the owner of the property, to provide proof to the Building Inspector of the date of installation of the sign, from which information the Building Inspector shall determine a date of installation and shall fix a date by which the } sign must be removed or,made to conform. (6) Any sign which is of a type of sign permitted under Section 7 of this Ordinance, but which does not conform to the specific requirements for that type of sign, shall be classified as legal nonconforming, and may remain in use for seven (7) year from the effective date of this Ordinance. Such sign shall be either removed or made to conform by the end of that seven (7) year period. (7) The Building Inspector shall cause to be affixed to each sign not subject to immediate removal, a tag or sticker which shal identify the owner of the sign, date of inspection and date of removal, if necessary. This sticker shall be readily ob- servable from ground level. Section 10 VARIANCES. (1) When the strict enforcement of these regulations may impose an excessive hardship upon any applicant, depriving him of signage rights extended to other parties under this Ordinance then a variance from these regulations may be requested. (2) Variance applications shall be made to the Board of Adjust- ment. (3) Variance Procedure. A variance application shall be submitted on a form obtained from the Planning Department; shall be madl by the owner or lessee of a sign or the owner of the property and shall be acknowledged by the owner of the property, if other than the applicant. (4) Iipon receipt of an application satisfying the requirements of this Section, the Planning Department shall route the same to all appropriate departments. Each department shall submit to the Planning Department recommendations and comments regard- ing the application. The Planning Department shall prepare a report to the Board of Adjustment summarizing the factors in- volved, the recommendations of other departments, and the Planning Department recommendation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. (5) Upon receipt of an application satisfying the requirements of this Section, the Planning Department shall schedule a public hearing before the Board of Adjustment. Notice of such pub- lic hearing shall be posted at the site of the proposal by the Planning Department at least ten days prior to the hear- ing and published two times at least three days apart in a newspaper of general circulation, except that the final notic to be published in the newspaper shall not be more than three days prior to the date of the hearing. (6) Prior to making a recommendation on an.application for a vari ance, the Board shall hold at least one public hearing. The Board's determination for approval, denial, or approval with modifications or conditions shall be recorded in the Minutes in written form with findings based upon compliance with Sub- sections (a) and (b) below: (a) Every variance shall comply with at least one of the following criteria: ( i) The size of the building is such that the 20% maximum permitted sign area would result in a sign that is too small to read from either side of the public rights -of -way adjacent-to the build ing facade or from recognized pedestrian or marin routes. ( ii) The location of the building and entrance is such that the proposed sign would not be readable from public rights -of -way or recognized pedestrian or marine routes. -12- • • (iii) The building facade or other features, such as marquees, is such that no practical location in which to construct a conforming sign exists. (b) Every variance shall comply with all of the following criteria: ( i) The variance shall not be detrimental to the pub - lic.interest. ( ii) The variance shall not be detrimental to abutting properties. (iii) The variance shall not be inconsistent with the purpose of this Ordinance. Section 11 NOTICE. Any notice required to be given by this Ordinance shall be given either to the owner or lessor of a sign, or to the owner of the property on which the sign is located In the event notice is given to the owner or lessor of a sign, the notice shall be given either by personal service or by Certified Mail, Return Receipt Requested, to the name of the owner or les- sor, as shown on the application for a sign permit. If there is no application for a sign permit on file with the City of Port Angeles, the notice shall be given, either by personal service or by Certified Mail, Return Receipt Requested, to the person in whos name the property stands, according to the records of the C1ailam County Assessor. Section 12 ENFORCEMENT. (1) It shall be the duty of the Building Inspector to enforce all provisions of this Ordinance. (2) No oversight or dereliction on the part of the Building In- spector or any official or employee of the City of Port Angeles vested with the duty or authority to issue permits or licenses, nor issuance of a license in conflict with the provisions of this Ordinance, shall legalize, authorize, waive or excuse the violation of any of the provisions of this Ordinance, nor shall it estop the City of Port Angeles -13- from enforcing the terms of this Ordinance. Any permit or license issued in violation of this Ordinance shall be null and void. (3) In the event any person, firm, or corporation shall use, erect, construct, move, or alter, or attempt to use, erect, construct, move, or alter any sign in violation of the pro- visions of this Ordinance, the same is hereby declared a pub- lic nuisance, against which the City of Port Angeles may prosecute an action in a court of competent jurisdiction seeking an injunction against the continuation of such a nuisance. Section 13 PENALTY. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred ($500) Dollars, or ninety (90) days in jail, or both such fine and imprisonment. Each day that a violation continues shall constitute a separate offense. Section 14 REPEALER. Section 9 of Article IV or Or- dinance No. 1709 is hereby amended to read as follows: "Section 9 CBD - CENTRAL BUSINESS DISTRICT "Permitted Uses Barber shops, beauty shops Bus and ferry offices and terminals Business schools, travel agencies Clothes cleaning agency or pressing shop (excluding cleaning and /or dyeing on the premises, other than spot cleaning) Clubs and lodges Finance offices, pawn shops Furniture and appliance stores Government buildings and offices Hotels, motels, apartment buildings Medical, dental offices and clinics Offices, banks, savings $ loan associations Radio and television studios Offstreet parking buildings and lots Retail stores, drug stores, pharmacies, liquor stores Shoe repair shops Shops: gift, florist, hobby, pet Specialty shops, food stores, supermarkets Studios: music, art, voice, dance Theaters Restaurants, cafeterias, taverns, cocktail lounges Commercial recreation, pool halls -14- "Conditional Uses Auditoriums Utility buildings and structures Wholesale establishments "Minimum Lot Area - 3,500 square feet "Minimum Lot Width - 25 feet "Minimum Yard Requirements Side: No structure shall be built within 10 feet of any property that has a residential zoning classifi- cation. "Offstreet Parking Requirements - (See Article V and Ordinance No. 1588)." Section 15 SEVERABILITY. If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the proviion to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable. Section 16 CODIFICATION. Sections 1 through 13 shall be codified as a new Chapter in Title 14 of the Port Angeles Municipal Code. PASSED BY the City Council of the City of Port Angeles this /04 day of , 1981. ATTEST: Marian C. Parrish, City Clerk APPROVED AS TO FORM: Craig L iller, City Attorney ISHEI): 3; /q8/ -15- 1