HomeMy WebLinkAbout2542ORDINANCE NO.
2542
AN ORDINANCE of the City of Port Angeles
amending Ordinance Nos. 2152 and 2182,
the Downtown Sign Code.
WHEREAS, on June 7, 1988, the City Council received a
etition from Downtown business persons asking for a review of the
owntown Sign Code; and
WHEREAS, the Council referred the Downtown Sign Code to
committee of three Councilmembers and members of the Downtown
ssociation for review and recommendations; and
WHEREAS, the Committee's proposed revisions were put to
vote of Downtown business persons and then referred to the
lanning Commission; and
WHEREAS, the Planning Commission and City Council each
onducted public hearings on the proposed Downtown Sign Code
evisions; and
WHEREAS, the revisions recommended by the Committee and
he Planning Commission and the Council's modifications will
pdate the Downtown Sign Code, allow certain signs that were
reviously prohibited, resolve inequities, correct problems that
ave been identified since its adoption in 1981, and recognize the
mportance of the vehicular as well as the pedestrian nature of
owntown traffic; and
WHEREAS, the Council received testimony during the
ublic hearing that Downtown businesses spent money complying with
he Sign Code and that the existing Sign Code was unfair to, and
iscriminated against, pre- existing non - conforming signs; and
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ID
•
WHEREAS, the revisions recommended by the Committee and
he Planning Commission, which allow certain previously non -
onforming signs to continue forever, and the Council's
odifications, which allow pre -1982 non - conforming signs to
ontinue until the businesses are discontinued, fill a need in the
owntown by providing visible notice for the motoring and tourist
ublic and convention attendees, who may be unfamiliar with the
location of Downtown tourist - related businesses and services, and
hus enhance the economic viability of the Downtown and further
he efforts of various governmental and business entities to
i•romote tourism and convention business in the City of Port
ngeles;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PORT ANGELES as follows:
Section 1. Section 2 of Ordinance 2152, as amended by
Ordinance No. 2182, is hereby amended to read as follows:
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) Banner A piece of man -made or natural cloth or fabric,
displaying a distinctive non - commercial design, attached by
one or more edges to a pole or staff or other device intended
for such display.
(3) 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.
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(4) Display Surface That part of a sign structure used to
display an integrated advertising message.
(5) Marquee or Awning A permanent covering structure projecting
horizontally from and attached to a building, affording
protection from the elements; including but not limited to
fire - resistive cloth awnings and mansard roofs.
(6) Person Any individual, corporation, association, firm,
partnership and the like, singular or plural.
(7) Right -of -way means a dedicated or owned right -of -way of the
City, between the outer boundaries thereof, within which may
be located a street, highway, sidewalk, alley, avenue, or
other structure used for pedestrian or vehicular traffic, or
a utility structure or appurtenance. A right -of -way or
easement is included within the definition of "Right -of- way ",
whether such right -of -way or easement is currently used or
not.
(8) Shopping mall For the purpose of this Ordinance, a shopping
mall is a group of stores and businesses operating by formal
agreement under one management and with an association
responsible for marketing and promotion activities of the
businesses as an entity, generally occurring in one building,
but occasionally occurring in more than one building, on a
site that is developed and operated as a single, integrated
entity.
(9) Sidewalk means that portion of the right -of -way, if any,
which is designed for pedestrian use, adjacent and parallel
to a street. "Sidewalk" includes the area which would
otherwise be a planting strip, if the area is either covered
with cement or is otherwise used for pedestrian travel.
(710) Sign Any letters, figures, design, symbol, trademark or
device intended to attract attention to any activity,
service, place, subject, person, firm, corporation, public
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performance, article, machine or merchandise, and including
display surfaces and supporting structures thereof.
(811) Sign Area The area of the sign shall be the sum of each
display 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 calculating sign area. The structure supporting
a sign is not included in determining the area of the sign
unless the structure is designed in a way to form an integral
part of the display.
(12) Sign - A -Frame A small portable sign consisting of two
identically sized surfaces permanently -joined at the top and
capable of opening to an inverted "V" of fixed maximum width
so that the sign supports itself and looks like a capital "A"
when viewed from a point perpendicular to the display
surfaces.
(413) Sign, Freestanding A single or multiple faced sign,
supported from the ground by one or more columns, uprights
or braces.
(14) Sign, Marquee or Awning Any sign attached to, supported by
or incorporated in a marquee or awning.
(k815) Sign, Pedestrian A small sign designed to identify a
business to a pedestrian and indicate the location of the
entrance.
(1116) Sign, Projecting Any sign other than a wall sign which
extends more than twelve (12) inches from the facade of the
building to which it is attached.
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(12.17) Sian. Roof Any sign erected upon, against or directly
above a roof or on top of or above the parapet of the
building.
(1 918) Sign, Rotating Any sign which rotates on a fixed axis.
(1419) Sian, Temporary A sign constructed of cloth, canvas,
cardboard, wallboard or other light material, intended to be
displayed for a limited period of time, not to exceed ninety
(90) days within a single calendar year, unless otherwise
specified in this Ordinance.
(1520) Sian, 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.
(1621) Sian, Window Any sign located inside and affixed to or
within three (3) feet of the window panes of a building,
whether temporary or permanent.
(19.22) Street A public right -of -way which affords a primary
means of access to abutting property.
(1 &23) Street Frontage The side of a building facing the
street.
(1924) Surface Area or Facade The surface area or facade shall
be the area of that continuous exterior front, side or back
surface of a building, including doors and windows, but
excluding any roof area.
Section 2. Section 4 of Ordinance No. 2152, as amended
by Ordinance No. 2182, is hereby amended to read as follows:
Section 4. PERMIT.
(1) Required. No person shall erect, relocate or otherwise
construct or alter any sign in the Central Business District
without complying with this Ordinance and, when required,
obtaining a sign permit from the Building 1:speeter Division
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of the City 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 }napeeter Division 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 telphone number of the sign
installer.
(q) Notarized statement that the building owner or an
authorized representative will remove the sign within
one year if the business becomes non - operating.
(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 Inspeeter Division.
(4) Activities Exempt from the Permit Requirements. The
following activities shall not require a permit:
(a) The changing of advertising copy or message on a
lawfully 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
existing copy of a permitted sign or legal nonconforming
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sign, provided the repainting of a legal nonconforming
sign does not occur after the amortization period.
Section 3. Section 5 of Ordinance No. 2152, as amended
I.y Ordinance No. 2182, is hereby amended to read as follows:
Section 5. EXEMPT SIGNS. The following signs are
exempt from the permit requirements of this Ordinance:
(1) Official traffic signs, directional signs, banners, 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 six (6) square
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 5.x - -(-6+ eight (8)
square feet.
(5) Building address identification numbers ixt+e& -te are to be
no more than twelve (12) inches in height, nor less than six
(6) inches in height. Number material must contrast with
wall color they are mounted on.
(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
within fourteen (14) days after the election.
(8) Temporary decorations customarily displayed at special
holidays, 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
located on the premises for sale, lease or rent, not
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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
architect, engineer or contractor, placed upon work under
construction, not to exceed ben eight ( }68) 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 on government and commercial institutions.
(13) Sculptures, fountains, mosaics, murals, not incorporating
advertising or identification of a business.
(14) Sandwich board signs worn by a person while walking the
public ways of the City.
(15) Signs painted directly on windows, and window signs, except
as the type of sign may be specifically prohibited by Section
8 of this Ordinance.
(16) Traditional theatre marquees, not exceeding two hundred sixty
(260) square feet.
(17) Barber Poles. Although these signs are exempt, an
electrical permit is required for installation.
(18) Temporary community service signs which are erected by
community service organizations, are intended to record and
display the progress toward a community goal or announce a
coming community event, do not exceed two hundred (200)
square feet, are installed pursuant to a building permit,
are removed within fourteen (14) days after the event and are
not up for more than three (3) months in any calendar year or
in any six -month period commencing at the date of
installation; except that this Section shall not allow the
type of signs that are specifically prohibited by Section 8
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of this Ordinance; except further that for the purposes of
this Section, community service signs shall not be considered
billboards.
Section 4. Section 7 of Ordinance No. 2152, as amended
•y Ordinance No. 2182, is hereby amended to read as follows:
Section 7. PERMITTED SIGNS.
(1) 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, and up to 90% of the sign may be on
a part of the same facade not occupied by the business. 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, marquee 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 eighteen
(18) inches from the wall on which they are attached.
(b) Marquee or Awning Signs. A sign may be mounted on the
front or front outer top edge of a marquee or awning,
parallel to the street frontage; provided that the sign
shall not exceed a vertical distance of two (2) feet
above the front outer top horizontal edge of the marquee
or awning and all supporting mechanisms are concealed
from view; or a sign may be mounted on the side bf a
marquee or awning, provided it does not extend above the
top of the side. A sign may be mounted on top of a
marquee or awning, provided that it does not project
more than four and one -half (4 -1/2) feet from the
building facade. A sign that projects below the marquee
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or awning shall comply with the requirements of Section
7(1)c (Pedestrian Signs). The sign area for a back -lit
marquee or awning sign comprised of individual letters,
figures, design, symbol, or trademark painted or mounted
and projecting less than three (3) inches from the
surface of the marquee or awning shall not include the
lighted background that is outside the area that
circumscribes the exterior limits of the dimensions of
the sign.
(c) Pedestrian Signs. A pedestrian sign attached to the
underside of a marquee or awning shall be at a right
angle to the plane of the building facade and not extend
beyond the outer edge of the marquee or awning. A
clearance of not less than eight (8) feet from the
underlying sidewalk shall be maintained. Said sign
shall not exceed twelve -€1-2•} six (6) square feet in sign
area per side.
(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.- in addition to the signage allowed on the
building, provided that it Freestanetsng -sgns -shall not
exceed fifty-i58} twenty -five (25) square feet in sign
area per side or twenty (20) feet in height. If the
building has frontage on two or more streets and the
building is more than forty (40) feet from those
streets, the building may have one freestanding sign
that shall not exceed one hundred (100) square feet of
sign area per side or a total of two hundred (200)
square feet of sign area, whichever is less, or thirty
(30) feet in height; provided that the sign area shall
be considered part of the total sign area of the
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building and deducted equally from the allowable sign
area of the facades that are more than forty (40) feet
from the street; and further provided that the sign area
of the freestanding sign shall not exceed the total sign
area allowed the building.
(e) Projecting Signs. Projecting signs may be mounted at a
right angle to the plane of the building facade,
provided the sign shall not extend more than four and
one -half (4 -1/2) feet beyond the facade of the building.
Further provided that signs occurring under marquees or
awnings shall be governed by the requirements for
pedestrian signs in Subsection (1)(c) of this Section.
Projecting signs not occurring under marquees shall
maintain a clearance of not less than eight (8) feet
from the underlying sidewalk.
(2) Upper 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. An upper floor business or businesses may
have one sign on the street level identifying the upstairs
businesses, provided that said sign shall not exceed six (6)
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
additional sign, not exceeding six (6) 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
exceed 10% of the surface area of the building facade on the
(5)
(6)
alley occupied by the business; provided, however, that
individual businesses without street frontage may have 20%
or 200 square feet, whichever is less. 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 attached.
Sign Area on Side Walls. Signs may be mounted on exposed
side walls of buildings, which walls do not have street
frontage, in accordance with Subsection (1) of this Section;
provided, that only the area of the exposed wall shall be
considered the surface area of the facade.
Shopping Malls. The total sign area for a shopping mall
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facade shall not exceed 20% of the facade or three hundred
(300) square feet, whichever is less. Signs may be placed
on any facade of a shopping mall, provided the maximum
allowable sign area for that facade is not exceeded, and the
sign is part of a master sign permit in the name of the
manager of the mall that identifies all of the signs for the
shopping mall. Where all portions of the shopping mall are
more than fifteen (15) feet from the street right -of -way, one
freestanding sign per street frontage, with a maximum of two
(2) such signs per site, may be installed, provided that each
sign shall not exceed twenty (20) feet in height and two
hundred (200) square feet in total area, or one hundred (100)
square feet in area per side; provided, however, that for
those signs containing over one hundred (100) square feet of
sign area, the display surfaces shall be parallel and back-
to-back to each other; and further provided that the sign
area shall be included in the total permitted sign area for
the facade on that same street frontage.
Non - Building Business. The total sign area for a business
in which no portion of the business occurs within a building
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shall not exceed 64 square feet per street frontage and shall
be located on the property of the business. Non - building
business signs may be free - standing, provided that each sign
shall not exceed 20 feet in height and 32 sctuare feet in sign
area per side; provided that there shall not be more than one
(1) free - standing sign per street frontage.
Section 5. Section 8 of Ordinance No. 2152, as amended
•y Ordinance No. 2182, is hereby amended to read as follows:
Section 8. PROHIBITED SIGNS. The following signs are
• rohibited in the Central Business District:
(1) All signs illuminated by, or containing, blinking, flash-
ing, intermittent or moving lights; all flashing, rotating,
or intermediate lights in, on, or around windows, rooflines,
or building exteriors; 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- attaehed -to, located on or resting against a
motor vehicle er trailer, bicycle, planter, or decorator
cart 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
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other words of like import or which are similar to traffic
signals or signs.
(7) All moving, rotating or animated signs, except barber poles.
F8•} AH --&ic g- peitr�eck- &ir try -rtm -tu4 -1 irtg-- iaees;-- we��s --or
bid ng- strxetxraf -eem ents ps i - t}heb- -pai- rrted- -signs
are -pe ratted - -rf-- the - a},pli —rte- pests- -a- -borx& -er- -seance-- ebIter
form- ef- seeurity- 4rr-aier motmt r4f-i- ci-etr- d`o --remo e• -sign;
as -eberm ined -by - the -Pttb i ie -Wer*s - Bepart menb-
(98) All signs which no longer serve an on -going business.
(99) 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.
(1- ±10) Projecting signs that project further than four and one -
half (4 -1/2) feet from the building facade; provided that
signs occurring under marquees or awnings shall be governed
by the requirements for pedestrian signs in Section 7(1)(c).
(11) A -frame signs are not allowed in the right -of -way.
(1-212) All signs not specifically addressed herein and contrary to
the provisions of this Ordinance.
Section 6. Section 9 of Ordinance No. 2152, as amended
by Ordinance No. 2182, is hereby amended to read as follows:
Section 9. REMOVAL OF PROHIBITED AND NONCONFORMING
SIGNS.
F }} FFibhin-- rr4nety -- ( 993- -e}ep� - -the -- BUrlcfisg --Frrspeebo-r- -ska }}
o�assify- ar- eatise- to-- kre- �3�?4sa�f�.- ed- ,-�].� s- i�„�- iyr�he- C�enbra}
Btis- rites--- f) -i-sb r3c�--- as--- erbhe- �-- LLpro}ri -b 4 tec�l,--- �3 -ec�a}
nerreenformine- - ar- LLgermrbbe4LL-
(2-1) The Building Fnspeeter Division shall notify either the
business owner and the sign owner or lessee, er and the owner
of the property, of each sign that is either a prohibited or
nonconforming sign under the terms of this Ordinance. - -'Phis
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eemp}etien-of- the- Bttng- Inepeeter'- s- e�asspf}eatken-
(3.2) If a prohibited- sign advertises a business no longer
existing or a product no longer sold on the premises for the
previous 365 days, it shall be removed within thirty (30)
days of receipt of the notice from the Building inspeeter
Division. If the sign is not removed within the thirty (30)
day period, the City may remove or cause to be removed the
non - complying sign and place a lien against the property for
the cost of such removal.
(43) A prohibited sign, existing and in use on January 1, 1982,
may be retained in user tmt +3 -- _r .33, 1000, provided
that if the business or service advertised by the sign is
discontinued daring- that --f -t e- -your -- period the sign shall be
removed within thirty (30) days of discontinuance.- -Stteh -sign
sha33 - --bi -- either - ± eel - -er -- made -- to- - n r �L•cr- -the
reeptirements -ef - this- Ordinane -by- anttary- i,- -t9• &3
(54) 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, and existing on
January 1, 1982, shall be classified as legal nonconforming,
and may remain in use until Beeember - 34,-- 1.9 &6- &tteh- sign - shal4
be-either -re mevted-- or- mae}e- te- eenferm- to-- bhe-- requ4 -res*e + -ef
this- erd #nanee- ty -Jtm efp- 3;- -3-&8-- thirty (30) days after the
business or service advertised by the sign is discontinued.
Section 2. This Ordinance shall take effect five days
after date of publication.
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PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 18th day of
July, 1989.
ATTEST:
M A Y O R r it&
Camille Headrick, Acting City Clerk
Craig D. utson, City Attorney
PUBLISHED: July 25, 1989
PLAN.100
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